Langley Municipal Code by ghkgkyyt

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									                            Langley Municipal Code       Title 18

                                    Title 18

                                   ZONING

Chapters:

18.1    INTRODUCTION
18.2    ZONE DISTRICTS
18.05   ZONING MAPS
18.06   RS5000 ZONE RESIDENTIAL SINGLE-FAMILY
18.07   RS7200 ZONE RESIDENTIAL SINGLE-FAMILY
18.08   RS15,000 ZONE - RESIDENTIAL SINGLE FAMILY
18.12   RM ZONE - MIXED RESIDENTIAL
18.16   CB ZONE - CENTRAL BUSINESS
18.18   NB ZONE - NEIGHBORHOOD BUSINESS
18.19   P-1 ZONE-PUBLIC USE
18.20   PLANNING AGENCY
18.21   COMPREHENSIVE PLAN
18.22   GENERAL PROVISIONS AND STANDARDS
18.24   PERFORMANCE STANDARDS— GENERAL
18.25   PERFORMANCE STANDARDS – MUTIFAMILY
18.26   PLANNED UNIT DEVELOPMENT
18.28   CONDITIONAL USES
18.30   VARIANCES
18.31   SHORELINE REGULATIONS
18.32   NONCONFORMING USES, STRUCTURES AND LOTS
18.34   DESIGN REVIEW BOARD
18.35   SIGN CODE
18.36   ADMINISTRATION
18.38   AMENDMENTS
18.42   ENFORCEMENT
18.44   SURETIES
18.46   PENALTIES




                         Zoning Code Table of Contents
                                                                     Langley Municipal Code
                                                                                      18.01

                                                  normal and customary meanings, unless
                   Chapter 18.01                  specifically defined otherwise in this code.
                                                      B. Words used in the present tense
              INTRODUCTION                        include the future.
                                                      C. The plural includes the singular and
Sections:                                         vice versa.
18.01.010           Purpose.                          D. The words "will" and "shall" are
18.01.020           Scope.                        mandatory.
18.01.030           Rules for interpretation.         E. The word "may" indicates that
18.01.040           Definitions.                  discretion is allowed.
                                                      F. The word "used" includes designed,
18.01.010        Purpose.                         intended or arranged to be used.
     The purpose of this title includes, but is       G. The masculine gender includes the
not limited to, promoting the health, safety      feminine and vice versa.
and general welfare by guiding the                    H. Distances shall be measured
development of the city by means of the           horizontally unless otherwise specified.
comprehensive land use plan which is, in              I. The word "building" includes a
part, carried out by the provisions of this       portion of a building or a portion of the lot
title. It is further intended to provide          on which it stands. (Ord. 527, 1989)
regulations and standards, which will:
     A. Encourage high standards of               18.01.040        Definitions.
development;                                          "Accessory building" means a building
     B. Prevent the overcrowding of land;         which is subordinate to the principal
     C. Provide adequate light and air,           building, and is incidental to the use of the
     D. Avoid excessive concentration of          principal building on the same lot. Examples
population;                                       include sheds, shops, garages, greenhouses
     E. Lessen congestion on the streets;         and barns.
     F. Facilitate adequate provisions for            "Accessory Dwelling Unit" means a
transportation, utilities, schools, parks and     room or set of rooms either in a single
other necessary public needs;                     family residence or a separate building on
     G. Preserve the small town character of      the same lot as a single family residence that
Langley and direction for orderly growth          has been designed or configured to be used
and development, together with flexibility to     as a separate dwelling unit. The accessory
respond       to      changing       economic     dwelling unit generally includes living,
circumstances.                                    sleeping, kitchen and bathroom facilities and
(Ord. 527, 1989)                                  has a lockable entrance door.
                                                      "Accessory use" means a use incidental
18.01.020           Scope.                        and subordinate to the principal use on the
     A. The provisions of this title shall be     same lot.
interpreted as the minimum requirements               "Adult Family Home" means a regular
necessary to protect the health, safety and       family abode of a person or persons who are
general welfare of the public.                    providing personal care, room, and board to
     B. Where the provisions of this title        more than one but not more than four adults
impose restrictions on the use of land or         who are not related by blood or marriage to
structures greater than are imposed by other      the person or persons providing the services;
public or private regulations, the provisions     except that a maximum of six adults may be
of this title shall control. (Ord. 527, 1989)     permitted if the Washington State
                                                  Department of Social and Health Services
18.01.030      Rules for interpretation.          determines that the home is of adequate size
    A. For the purposes of the zoning code,       and that the home and the provider are
all words used in this title shall have their     capable of meeting standards and


                         18.01 - 1                            11/20/2002
                                                                     Langley Municipal Code
                                                                                      18.01

qualifications set forth in Chapter 18.22 of          B. No other business, service or
this code.                                       commercial activity is conducted or
     "Alley" means a public or private           provided on the premises, except as
thoroughfare or way which affords means of       expressly permitted by this title.
access to abutting property but not intended          C. If the principal dwelling ceases to be
for general traffic circulation.                 owner-occupied, the bed and breakfast use
     "Alteration" means a change or              shall be terminated.
rearrangement of the structural parts of              Bed and breakfast room (commercial)"
existing facilities or an enlargement by         means a room used for rental to not more
extending the side or increasing the height      than two persons for transient lodging.
or depth or moving from one location to          situated in a building which is used
another. In buildings for business,              primarily as a commercial establishment,
commercial, industrial or similar uses, the      where:
installation or rearrangement of partitions           A. The persons renting such room are
affecting more than one-third of a single        only served breakfast, and no meals are
floor area shall be considered an alteration.    served to members of the general public;
     "Amendment" means a change in the           and
wording, context or substance of this title or        B. The room(s) are located above the
a change in the zone boundaries upon the         first or street level or behind the street front
zoning maps adopted hereunder.                   side of the building.
     "Bed and breakfast inn" means a                  "Boardinghouse" means a dwelling unit
building or group of buildings on a lot          in which not more than four roomers,
which is designed or used for rental for         lodgers or boarders are housed or fed for
transient lodging, where:                        compensation. "Boardinghouse" does not
     A. Not more than six rooms are              include rest home or convalescent home.
available for such rental;                            "Building" means a structure having a
     B. Breakfast is the only meal served to     roof for the shelter of persons or property.
persons renting such moms, and no meals               "Building area or "building site" means
are served to members of the general public;     the portion of a lot, within which a structure
     C. In the residential zone no other         may be built, bounded by setbacks.
business, service or commercial activity is           "Building height" for the purposes of
conducted or provided on the premises,           this code, shall be defined as the vertical
except as expressly permitted by this title;     distance measured from the grade to the
and                                              highest point of the roof (see exemptions in
     D. No room is rented to more than two       definition of "Grade" below).
persons.                                              "Building, Principal or Main" means the
Bed and Breakfast Room.                          building which accommodates the principal
     "Bed and breakfast room (residential)"      use of a site or lot.
means a room used for rental to not more              “Campground” means an area of land on
than two persons for transient lodging           which accommodation for temporary
situated in a building which is used             occupancies such as tents or recreational
primarily as the dwelling for a non-transient    vehicles are permitted and which is used
family, or, in the case where there is an        primarily for recreational purposes.
approved accessory dwelling unit on the               "Carport" means a covered space for the
same property, the principal dwelling is         housing, primarily, of motor vehicles and
owner-occupied, and where:                       enclosed on not more than two sides by
     A. The persons renting such room are        wall, screens, cabinets or other types of
only served breakfast, and no meals are          enclosures.
served to members of the general public;              "Closed record hearing" means a
and                                              hearing on the existing record. No new
                                                 evidence may be presented at the hearing.


                      18.01 - 2                              11/20/2002
                                                                     Langley Municipal Code
                                                                                      18.01

     "Commercial" means a business use of         conducted kindergartens when not a part of
activity at a scale greater than home             a public or parochial school; and programs
occupation involving retail or wholesale          covering after school care for school
marketing of goods and services. Examples         children provided any such "day care center"
of commercial uses include offices and retail     is licensed by the state or county and
shops.                                            conducted in accordance with state and local
     "Conditional use" means a use allowed        requirements.
in one or more zones which, because of                "Density" means the maximum number
characteristics peculiar to such use, the size,   of permitted dwelling units allowed on each
technological processes or equipment, or          acre of land or fraction thereof.
because of the exact location with reference          "Detached building" means a building
to surroundings, streets and existing             surrounded on all sides by open space.
improvements or demands upon public                   “Development, Multifamily” means a
facilities, requires a special permit in order    development of three or more dwellings on
to provide a particular degree of control to      the same property and designated for
make such uses consistent and compatible          occupancy by three or more families living
with other existing or permissible uses in the    independently of each other in separate
same zone and mitigate adverse impacts of         dwelling units.
the use.                                              "Dwelling" means a building designed
     "Condominium" means real property,           exclusively for residential purposes,
portions of which are designated for separate     including one-family, two-family and
ownership and the remainder of which is           multiple-family dwellings.
designated for common ownership solely by             Dwellings, Types of.
the owners of those portions. Real property           A. Dwelling, One-family. "One-family
is not a condominium unless the undivided         dwelling" means a detached building
interest in the common elements is vested in      designed for occupancy by one family,
the unit owners, and unless a declaration and     providing complete housekeeping facilities
a survey map and plans have been recorded.        for one family and containing one dwelling
Condominiums must meet all provisions of          unit. A manufactured home may be
RCW Chapter 64.34.                                considered a one-family dwelling if sited per
     “Conference Center” means a facility         "Manufactured Home Siting Standards."
accommodating groups of persons for short             Dwelling, One-family (attached). “One-
periods for the purposes of seminars,             family dwelling (attached)” means a
workshops and related activities.           No    building designed for occupancy by one
overnight accommodations are provided.            family on an individually owned lot where
     "Cottage       Housing"      means       a   the building abuts one or more lot lines and
development comprised of at least four (4)        shares a common wall with an adjoining
cottages (single family dwelling units)           dwelling unit(s).          Also known as
arranged on at least two sides of a common        “Townhouse.”
open space with a maximum of twelve (12)              B. Dwelling, Two-family (Duplex).
cottages per development.                         "Two-family (duplex) dwelling" means a
     "Coverage" means the total area of           detached building, designed for occupancy
ground covered by all buildings or structures     by two families living independently of each
on a site measured from the outside of            other and containing two dwelling units.
external walls or supporting members.                 C. Dwelling, Multifamily. "Multifamily
     "Day care center" means a single             dwelling" means a detached building
purpose group child day care program,             designed for occupancy by three or more
including nurseries for children of working       families living independently of each other
parents, guardians and custodians; nursery        and containing three or more dwelling units.
schools for children under minimum age for            "Dwelling unit" means one or more
education in public schools; privately            rooms designed for or occupied by one


                      18.01 - 3                              11/20/2002
                                                                      Langley Municipal Code
                                                                                       18.01

family for living or sleeping purposes and             "Garage, Parking or Commercial"
containing kitchen facilities for use solely      means a building used for storage, repair or
by one family. An efficiency apartment            servicing of motor vehicles as a commercial
constitutes a dwelling unit within the            use.
meaning of this title.                                 "Garage, means an accessory building or
     "Easement" or "access" means a private       space within the principal building used for
right-of-way not less than twenty feet wide       storage of vehicles.
which provides vehicular access to a street.           "Grade" means the average of the
     "Essential Public Facilities" means          existing or finished ground level, whichever
airports, sewage treatment plants, jails, and     is lower, at the center of all walls of a
power plants.                                     building or beneath the proposed structure,
     "Facade" means any exterior wall of a        whichever is applicable. The following
structure including projections from and          items are exempt when making height
attachments to the wall (examples: decks,         determinations:
balconies, porches and chimneys).                      A. Radio and television aerials and
     "Family" means an individual or two or       flagpoles;
more persons customarily living together as            B. Other Features. Open rails, planters,
a single housekeeping unit and using              skylights and chimneys may exceed the
common cooking facilities.                        height limits by four feet or may extend four
     "Fence" means a masonry wall, or a           feet above the ridge of a pitched roof.
barrier composed of posts connected by                 C. Wireless Communication Antenna
boards, rails, panels or wire for the purpose     Arrays up to a height of fifteen (15) feet
of enclosing space or separate parcels of         from the highest point of the roof.
land, but not including retaining walls.               "Guest houses" means an accessory,
     “Floor Area” means the total number of       detached building designed exclusively for
square feet of habitable floor area measured      residential purposes and without any
at the floor line of each floor. The floor area   cooking facilities; situated on the same
of a single family or two family dwelling         parcel as a one-family dwelling; for the use
shall include:                                    of visitors as nonpaying guests of the one-
     a. The principal building, including         family dwelling; which cannot be segregated
attached accessory structures, used as or         or separately leased, rented, sold or
convertible to habitable space. Detached          transferred, given or otherwise conveyed
accessory structures are not included in the      unless the parcel is of sufficient size to meet
floor area.                                       density, platting and other city code
     b. One-half of the total area of a           requirements for a separate legal lot; of not
daylight basement.                                more than eight hundred square feet; which
     c. “Habitable floor area”, for the           provides one parking space in addition to
purposes of floor area calculations, shall        those required for a one-family dwelling;
mean “the gross building square footage,          and there shall be no more than one guest
less the floor area dedicated to walls,           house per parcel or lot.
stairways, bathrooms.”                                 "Hazardous waste" means all dangerous
     d. “Attached Accessory Structure,”           and extremely hazardous waste as defined in
means those structures that are directly          RCW 70.105.010 (15), or its successor,
connected to the principal building and share     except for moderate risk waste as set forth in
a warm wall with the principal building.          RCW 70.105.010 (17), or its successor.
     "Foster home" means a home licensed               "Hazardous Waste Treatment Storage
and regulated by the state and classified by      Facility, Onsite" means treatment and
the state as a foster home, providing care        storage facilities which treat and store
and guidance for not more than three              hazardous wastes generated on the same
unrelated juveniles.                              property.



                      18.01 - 4                               11/20/2002
                                                                     Langley Municipal Code
                                                                                      18.01

     "Hazardous waste storage" means the             "In-home family day care" means a
holding of hazardous waste for a temporary      residential dwelling providing in-home care
period, as regulated by the State Dangerous     for twelve or fewer children and licensed by
Waste Regulations, Chapter 173-303 WAC          the State of Washington.
or its successor.                                    "Institution" means structure(s) and
     "Hazardous waste treatment" means the      related grounds used by organizations
physical, chemical or biological processing     providing educational, medical, social,
of hazardous waste for the purpose of           cultural and recreational services to the
rendering these wastes non-dangerous or         community, such as hospitals, vocational or
less dangerous, safer for transport, amenable   fine arts schools, colleges and Universities,
for energy or material resource recovery,       elementary        and     secondary        schools,
amenable for storage, or reduced in volume,     community centers, religious facilities,
as required by the State Dangerous Waste        museums and performing arts centers.
Regulations, Chapter 173-303 WAC or its              "Lot Coverage" means any surface
successor.                                      artificially covered or hardened so as to
     "Hearing body" means any agency of         prevent or impede the percolation of water
the city that has been designated by this       into the soil including, but not limited to
code to conduct hearings.                       roof tops, paved areas, swimming pools, and
     "Hedge" means a fence or boundary          decks.
formed by a dense row of shrubs or low               "Lot line" means any line enclosing the
trees.                                          lot area.
     "Home day care" means a dwelling                "Lot Line, Side" Side lot line means any
which provides regular custodial care for       lot line that is not a street or rear lot line.
one to six children or adults, including all         "Lot Line, Street" Street lot line means
children under six years of age residing        any lot line that abuts a street.
within the dwelling where day care services          "Lot, Through" Through lot means a lot
are conducted, for periods of less than         fronting on two streets that is not a corner
twenty-four hours.                              lot.
     "Home occupation" means an economic             "Lot Line, Rear" Rear lot line means the
enterprise operated within a dwelling unit,     lot line which is opposite and most distant
or buildings accessory to a dwelling unit,      from the street lot line; provided, however,
incidental and secondary to the residential     that where, under this definition, a particular
use of the dwelling unit, the occupation is     parcel or lot would have more than one rear
carried on by a member of the family            lot line, the city building official shall
residing within the dwelling place, and does    determine which lot line shall be considered
not change the character of the dwelling.       as the rear lot line for purposes of this title.
     "Hospital" means a building designed            "Lot width" means the distance between
and used for medical and surgical diagnosis,    the side lot lines measured at right angles to
treatment and housing of persons under the      the line establishing the lot depth at a point
care of doctors and nurses.                     midway between the front lot line and the
     "Hotel" means any building containing      rear lot line. Any area used as an access
six or more guest rooms where lodging, with     easement shall be excluded from the
or without meals, is provided for               computation of the lot width.
compensation, where no provisions are                "Lot" means an area or parcel of land as
made for cooking in any individual room or      shown on an officially recorded plat or
suite.                                          subdivision, or an area or parcel of land to
     "Impervious surface" means surfaces        which a deed or contract is officially
that do not absorb water. Examples of such      recorded as a unit of property, or which is
surfaces include buildings and parking areas,   described by metes and bounds or as a
roads, sidewalks or driveways of concrete or    fraction of a section.
asphalt.


                     18.01 - 5                               11/20/2002
                                                                   Langley Municipal Code
                                                                                    18.01

     "Manufactured     home"      means     a       "Nonconforming lot" means a lawfully
structure, transportable in one or more         established lot which does not conform to
sections from its manufacturer, retailer or     the provisions of this title.
wholesaler, to its destination, designed            "Nonconforming structure" means a
primarily for residential occupancy by          lawfully erected structure which does not
human beings, and built to Uniform              conform to the provisions of this title.
Building Code standards.                            "Nonconforming use" means a lawfully
     Manufactured Home Siting Standards. A      established use which does not conform to
manufactured home may be allowed to be          the provisions of this title.
placed within any residential zone, that            "Nursing or convalescent facility"
allows single-family homes, provided the        means a facility licensed by the state which
following conditions are met:                   provides full time special care and
     A. The home must be placed on a            supervision, including nursing, dietary and
permanent foundation;                           other personal services for chronically ill,
     B. If applicable, skirting must be         aged or infirm persons. Such care shall not
provided;                                       include surgical, obstetrical or acute illness
     C. The home shall have a pitched roof      services which are customarily provided in
and shall be made of either composition,        hospitals.
shakes or shingles;                                 "Office" means a building or separately
     D. All requirements of this title and      defined space within a building used for
other applicable regulations must be met.       business. The use of an office does not
     "Medical-dental clinic" means an           include on-premises sales or manufacture of
establishment for treatment of outpatients,     goods.
and providing no overnight care for patients.       "Open space" means any part of a lot
     "Mixed use" means a development            unobstructed by structures from the ground
involving a combination of uses including       upward.
residential and commercial. Typically. a            "Parking facility" means a land area or
mixed use project may have commercial           building used for the storage of vehicles
uses at street level with residential uses in   excluding parking areas for single-family
the second floor.                               residences.
     "Mobile home" means a vehicle bearing          "Parking space" means an area
the "mobile home" insignia of the               accessible to vehicles and used exclusively
Washington State Department of Labor and        or principally for vehicle storage.
Industries.                                         "Party of record" means any person who
     "Modulation" means a stepping back or      has submitted oral or written comments on a
projecting forward of sections of the facade    permit subject to the regulations of this
of a structure within specified intervals of    chapter.
structure width and depth, as a means of            "Person" means any person. firm,
breaking up the apparent bulk of the            business, corporation. partnership of other
continuous exterior walls.                      associations or organization, marital
     "Motel" means a building containing        community, municipal corporation, or
units which are used as individual sleeping     governmental agency.
units having their own private toilet               "Personal service" means businesses
facilities and sometimes their own kitchen      engaged in providing care of the corporeal
facilities, designed primarily for the          person or his apparel. not including health
accommodation of transient automobile           care.
travelers. Accommodations for trailers are          "Primary or principal use" means the
not included.                                   predominant use of the land or building to
     "Multifamily dwelling" means a             which all other uses are secondary.
building containing three or more dwelling
units.


                     18.01 - 6                              11/20/2002
                                                                     Langley Municipal Code
                                                                                      18.01

     "Private parking" means parking             other structures to be setback from the street,
facilities for the noncommercial use of the      side or rear lot lines, rights-of-way or access
occupant and guests of the occupant.             easements.
     "Public facility" means land or                  "Setback area" means the lot area
structures owned by or operated for the          between the lot lines and the setback lines.
public use and necessity.                             "Setback line" means a line which is
     "Public hearing" means an open record       parallel to a lot line or access easement
hearing at which evidence is presented and       located at the distance required by the
testimony is taken.                              setback.
     "Recorded" means filed for the purpose           “Significant tree” means any living
of record with the auditor of the county.        woody perennial plant characterized by a
     "Recreational vehicle" means a motor        main stem or trunk having many branches
home or trailer less than thirty-five feet in    and having a diameter of 12” of more
length or a pickup-mounted camper                measured at breast height.
designed for temporary housing.                       "Site plan" or "binding site plan" means
     “Retreat Center” means a facility similar   a scale drawing which identifies and shows
to a “Conference Center” but providing           areas and locations of all streets, roads,
overnight accommodations only for                improvements, utilities, open spaces and
participants in the center’s activities.         other information specified in this title. The
     "Rezone" means          a change in         binding site plan shall contain inscriptions
classification from one zoning district to       or attachments setting forth the limitations
another.                                         and conditions established by the city and
     "Screen, screening" means a continuous      the provisions for ensuring development in
fence, hedge or combination of both which        conformance with the site plan.
obscures vision through eighty percent or             "Sign" means a structure or graphic
more of the screen area, not including drives    display designed to inform or attract the
or walkways.                                     attention of persons not on the premises on
     "Secondary use" means a use,                which the sign is located.
subordinate to the principal or primary use           "Sign area" means the area of the
which may exist only when a principal or         smallest rectangle that can be drawn around
primary use is existing on the same lot. The     all parts of the sign from the viewpoint
floor area of a secondary use must be less       exposing the largest surface area., excluding
than that devoted to the principal or primary    simple support structures. Sign supporting
use.                                             structures which are part of the sign display
     "Senior Retirement Facility" means a        shall be included in the area of the rectangle.
residential facility designed for and                 "Sign face" means any side of a sign
occupied by at least one person per unit who     which contains advertising or graphic
is 65 years or older, providing centralized      display which is visible to the public.
services for the residents, including but not         "Sign, Freestanding". Freestanding sign
limited to meals, housekeeping, and              means any sign not attached to a building.
transportation. Individual cooking facilities         "Sign, Off-site". Off-site sign means a
are not provided and personal vehicles are       permanent sign not located on the same lot
discouraged.                                     as the business or use it is intended to serve.
     "Sensitive Areas" are identified and             "Sign, Permanent". Permanent sign
defined in Chapter 16.20 of the Langley          means a sign nailed, glued, screwed or
Municipal Code.                                  similarly fastened to foundation systems
     "Service station" means a place used for    capable of holding it in position.
the repair, servicing and/or supplying of             "Sign, Temporary". Temporary sign
gasoline and oil for motor vehicles.             means a sign or advertising display intended
     "Setback" means the minimum distance        to be displayed for a fixed event and not
required by this title for buildings and/or


                      18.01 - 7                              11/20/2002
                                                                       Langley Municipal Code
                                                                                        18.01

permanently affixed to a structure or the             B. Parabolic antennas equal to or less
ground.                                          than 39.37 inches (one meter) in diameter
     "Single-family dwelling" means a            with an area not more than fifty (50) square
building containing only one dwelling unit.      feet in aggregate.
     "Street" means the public or private             "Wireless Communication Facility"
right-of-way or easement which provides          means any unsafe facility for the
vehicle access to abutting property.             transmission and/or reception of radio
     "Street lot line" means the boundary        frequency signals through electromagnetic
between the street right-of-way and abutting     energy usually consisting of an equipment
property.                                        shelter or cabinet, a support structure used to
     "Street setback" means the minimum          achieve the necessary elevation, and the
distance required for buildings to be set back   transmission and reception devices or
from the street lot line.                        antenna.
     "Structure" means a combination of               "Wireless Communications Service"
materials      constructed    and      erected   means the providing or offering for rent, sale
permanently on the ground or attached to         or lease or other value received, the
something having a permanent location on         transmittal of information between or among
the ground, not including utility poles and      points by satellite or similar facilities, with
related pad-mounted or ground-mounted            or without benefit of any closed
distribution equipment, residential fences       transmission medium.
less than six feet high, retaining walls,             "Variance" means a modification of the
rockeries and other similar improvements of      terms of this title granted to a particular
a minor character less than four feet high.      property.
     "Submerged Lands" means land at or               "Vehicle" means a transportable device
below the ordinary high water mark.              designed to carry passengers or goods or
     "Temporary building or structure"           perform work in motion.
means a building or structure not having or           "Yard" means the lot area between lot
requiring permanent attachment to the            lines and the building area.
ground or to other structures which have no           "Yard, Front". Front yard means the
required permanent attachment to the             area between the street lot line and the
ground.                                          building line extending the full width of the
     "Tourist Accommodations-Commercial"         lot or the street setback area.
means a dwelling unit serving as a single             "Yard, Rear". Rear yard means the area
rental for periods not exceeding twenty-nine     between the rear lot line and the building
(29) consecutive days and containing             area extending the full width of the lot or the
sleeping and cooking facilities.                 rear setback area.
     "Townhouse" See the definition of                "Yard, Side". Side yard means the side
“Dwelling, One-family (attached)”                setback area between the side lot lines and
     "Use" means the purpose which land or       the building area, extending the full length
structures now serve or for which it is          of the building area.
occupied, maintained, arranged, designed or               "Zone" or "zone district" means a
intended.                                        defined area of the city within which the use
     "Wireless Communications Antenna            of land is regulated and certain uses
Array" means one or more rods, panels,           permitted and other uses excluded as set
discs or similar devices used for the            forth in this title.
transmission or reception of radio frequency     (Ord. 527, 1989; Ord. 687, Ord 696, 1995; Ord 703,
signals through electromagnetic energy,          1995; Ord. 714, 1996; Ord. 730, 1996; Ord 733, 1997;
                                                 Ord. 754, 1997; Ord. 771, 1999) (Ord. 788, 2000; Ord
which may include:
                                                 798, 2001, Ord. 799, 2001)(Ord. 820, 2002)
     A. Antennas equal to or less than fifteen
(15) feet in height, and



                      18.01 - 8                                11/20/2002
                                                                         Langley Municipal Code
                                                                                          18.02

               Chapter 18.02                              Residential zones are established to
                                                     provide a variety of housing types, efficient
            ZONE DISTRICTS                           utility service, minimize traffic congestion,
                                                     preserve and protect historic structures,
Sections:                                            accommodate differing land forms and
18.02.010       Purposes.                            natural features and reflect the intent of the
18.02.020       Residential zones                    comprehensive plan. The residential zones
                established.                         are:
18.02.030       Commercial zones                          A. RS5000 residential, singe-family;
                established.                              B. RS7200 residential, single-
18.02.045       Public use zones                              family;
                established.                              C. RSl5,O00 residential, single-
18.02.050       Compliance required.                          family;
18.02.060       Areas designated.                         D. RM mixed residential. (Ord. 527, 1989)
18.02.070       Zone district boundaries.
18.02.080       Interpretation of                    18.02.030       Commercial zones
                boundaries.                                          established.
18.02.090       Uses not specified.                      Commercial zones are established to
                                                     provide for the sale of consumer goods and
18.02.010        Purposes.                           services appropriate to the area of the
     The purposes of this chapter include, but       community they serve and to ensure the
are not limited to the following:                    compatibility with nearby land uses. The
     A. To assist in the implementation of           commercial zones are:
the adopted comprehensive plan for the                   A. CB central business;
physical development of the city by                      B. NB         neighborhood business.
regulating and providing for existing uses                   (Ord.527, 1989)
and uses planned for the future as specified
in the comprehensive plan.                           18.02.045         Public use zones
     B. To protect the character and the                               established.
social and economic stability of residential,            Public use (P-I) zones are established to
commercial and other uses, to preserve               provide for municipal utility facilities and
property values and to ensure the orderly            private utility facilities. (Ord. 527, 1989)
and beneficial development of these uses by:
     1. Reserving and retaining appropriate          18.02.050          Compliance
areas for each type of use;                                             required.
     2. Preventing encroachment into these           All uses and structures shall conform to the
areas by incompatible uses; and                      special requirements of the zone district
     3. Regulating the use of individual             within which they are located and the other
parcels of land to prevent unreasonable              general requirements of this title. All uses
detrimental effects of nearby uses.                  not classified in a zone district shall comply
     C. To preserve the historic, aesthetic          with the requirements of the most similar
and natural features of the city by:                 use as determined by the planning advisory
     1. Establishing high standards of               board. (Ord. 527, 1989)
environmental protection; and
     2. Providing        for    design    and        18.02.060         Areas designated.
environmental review of proposed actions                  All land within the city shall be included
and projects. (Ord. 527, 1989)                       in a zone district. (Ord. 527, 1989)

18.02.020       Residential zones                    18.02.070       Zone district boundaries.
                established.                             The location of the various zone districts
                                                     are shown on the official zoning map of the


                                             18.02 - 1                                 06/23/1999
                                                            Langley Municipal Code
                                                                             18.02

city which is part of the ordinance codified
in this title. (Ord. 527, 1989)

18.02.080          Interpretation of
                   boundaries.
     Zone district boundaries indicated on the
zoning map shall be interpreted as follows:
     A. Where boundaries are indicated
along streets, the boundaries shall be the
centerline of the street.
     B. Where boundaries are indicated
along established lot lines, the boundary
shall be the lot line.
     C. Where boundaries are indicated on
perennial watercourses, the boundary shall
be the thread of the stream.
     D. Upon vacation of a street. the zone
district boundaries of abutting properties
shall be extended to the centerline of the
vacated street.
     E. All lands annexed to the city
without an annexation zoning designation
shall be classified RS 15,000. (Ord. 527, 1989)

18.02.090         Uses not specified.
     All uses not specified in this title, unless
determined to be consistent with the intent
of this code, are prohibited. (Ord. 527, 1989)




                                                18.02 - 2              06/23/1999
                                                                          Langley Municipal Code
                                                                                           18.05

               Chapter 18.05                          of its terms is to be read and interpreted in
                                                      the light of the contents of the map. If any
              ZONING MAPS                             conflict between the map and the text of this
                                                      title is deemed to arise, the text of this title
Sections:                                             shall prevail. (Ord. 527, 1989)
18.05.010        Boundaries.
18.05.020        Map on file.

18.05.010        Boundaries.
    A. The boundaries of land zones shall
be determined and defined or redefined from
time to time by the adoption of zone maps
covering the city, showing the geographical
area and location of the zones. The zone
map or maps shall be, upon its final
adoption, a part of this title, and the map,
and all notations, references and other
information shown thereon, thereafter shall
be as much a part of this title as though all
matters and information set forth on the map
were fully described in this chapter.
    B. The boundaries of such zones as are
shown upon any sectional area map adopted
by this chapter, or amendment thereto, are
adopted and approved and the regulations of
this chapter governing the uses of land,
building and structures, the height of
buildings, structure, the size of yards about
buildings and structures, and other matters
as set forth in this chapter, are established
and declared to be in effect upon all lands
included within the boundaries of each and
every zone shown upon the zone map. (Ord.
527, 1989)

18.05.020         Map on file.
    This title shall consist of the text and
also as fully as though contained in this
chapter, that certain map or maps identified
by the approved signatures of the mayor and
city clerk/treasurer on the original map
marked and designated as "the map of the
zoning ordinance of the city of Langley,"
which map or book is now on file in the
office of the city clerk/treasurer. The
original map bears the same date as the
ordinance codified in this title. The original
map has been examined in detail by the city
council, after having been approved by the
planning advisory board, and adopted as a
part of this title. This title and each and all


                                              18.05 - 1                                 06/23/1999
                                                                              Langley Municipal Code
                                                                                               18.06

                 Chapter 18.06                          18.06.030        Conditional uses.
                                                             Conditional uses (subject to design
          RS5000 ZONE                                   review) in the RS5000 zone are:
   RESIDENTIAL SINGLE-FAMILY                                 A. Day care centers;
                                                             B. Churches and schools (new schools
                                                        and additions exceeding thirty percent of the
Sections:                                               existing floor space; other school
18.06.010          Principal uses.                      improvements are not subject to conditional
18.06.020          Secondary uses.                      use permit) and other places of instruction;
18.06.030          Conditional uses.                         C. Boardinghouses;
18.06.040          Minimum lot size.                         D. Public facilities;
18.06.050          Setbacks.                                 E. Antennas or parabolic antennas or
18.06.060          Maximum height.                      similar devices used for the transmission or
18.06.080          Maximum lot coverage -               reception of radio frequency signals through
                   RS 5000.                             electromagnetic energy over 3.39 feet (one
18.06.085          Floor Area limits.                   meter) in diameter or more than fifteen (15)
                                                        feet in height.
18.06.010       Principal uses.                              F. Social service facilities;
    Principal uses in the RS5000 zone are:                   G. Libraries and museums; and
    A. Single-family dwellings;                              H. Bed and breakfast room(s) not
    B. Duplexes on lots of seven thousand               located in the building of principal use
two hundred square feet or larger (subject to           (which must be located on the same parcel
design review per Chapter 18.34 of this                 as the building of principal use) and bed and
code) provided that the use must be served              breakfast inns.
by the City's water and sewer systems.                       I. Nursing and Convalescent Center.
    C. Townhouse dwellings (subject to                       J. Senior Retirement Center.
design guidelines per Chapter 18.22.230 and                  K. Cottage Housing.
design review per Chapter 18.34). See LMC                    L. Clustered residential development;
Title 13 for connection requirements. (Ord.                  M. Type III home occupations.
527, 1989, Ord. 696, 1995)(Ord. 820, 2002)                   N. Residential-zone offices.
                                                        (Ord. 583, 1990; Ord. 527, 1989, Ord 696, 1995, Ord.
18.06.020       Secondary uses.                         699, 1995; Ord. 754, 1997; Ord. 771, 1999; Ord 798,
    Secondary uses in the RS5000 zone are:              2001; Ord. 875, 2006)
    A. Accessory buildings;
    B. Home day care;                                   18.06.040       Minimum lot size.
    C. Type I and II home occupations;                       Minimum lot size in the RS5000 zone is
    D. Foster homes;                                    five thousand square feet, provided that
    E. Bed and breakfast rooms (as long as              submerged lands and all but twenty-five
the rooms are located within the building               percent of sensitive areas shall be deducted
containing the principal use;                           before calculating the development density
    F. Guest houses.                                    for the property. (Ord. 623B; Ord. 527, 1989; Ord
    G. In-home family day care.                         733, 1997)
    H. Accessory Dwelling Unit.
    I. Adult family home.                               18.06.050       Setbacks.
    J. Wireless Communication Antenna                       Setbacks in the RS5000 zone are:
Arrays. (Ord. 583, 1990: Ord. 597, 1991; Ord. 591,          A. Street or front: twenty feet;
1991; Ord. 527, 1989, Ord. 687, 1994, Ord. 696, 1995,       B. Side yard: five feet on each side;
Ord. 703, 1995; Ord. 754, 1997; Ord. 875, 2006)             C. Rear yard: twenty-five feet;
                                                            D. Where a lot abuts a public or private
                                                        alley, the setback for a principal building
                                                        shall be twenty-five feet from the center line



                         18.06 - 1                                   08/02/2006
                                                                             Langley Municipal Code
                                                                                              18.06

of the alley; for accessory structures,                 The maximum lot coverage percentages are
exclusive of accessory dwelling units, the              as follows:
setback shall be ten feet from the center of                A. Lots ten thousand square feet or less
the alleyway, for accessory dwelling units              — forty percent;
the setback shall be not less than five feet                B. Lots ten thousand square feet to
from the rear property line; and in no case             forty-three thousand five hundred sixty feet
shall a structure be erected closer than two            (one acre)— forty percent for the first
feet to the alley right-of-way;                         10,000 square feet and thirty percent for all
     E. All parts of the structure or building          area over 10,000 square feet.
including, without limitation, cornices,                    C. Lots over one acre— twenty-five
eaves, canopies, sun shades, gutters,                   percent. (Ord. 617, 1992; Ord. 699, 1995; Ord. 771,
chimneys and flues, shall be considered in              1999)
calculating the location of the structure or
building in determining compliance with the             18.06.085          Floor area limits
setback requirements of this section. (Ord.                  The maximum floor area limit is the
569, 1990; Ord. 527, 1989; Ord. 771, 1999, Ord.788,     maximum amount of habitable floor area
2000)                                                   that may be constructed in a principal
                                                        building on a legal lot or parcel. Floor area
18.06.060        Maximum height.
                                                        limits are applicable to all floors above grade
     A. Maximum height in the RS 5000
                                                        and one-half of the total floor area of a
zone is twenty-five feet, provided that the
                                                        daylight basement. The maximum floor area
height may be built to thirty feet with a
pitched roof if the lowest part of the pitch            limits are calculated as follows:
begins no higher that twenty-five feet.                      Lot/parcel area to be used in the
     B. The maximum height for accessory                calculations shall be performed in
structures is fifteen feet. On lots one-half            conjunction with LMC Chapter 18.06.040.
acre or larger in size, the height may be                    A. Single family residences: 40% of
increased up to the height of the principal             the first 5,000 square feet of lot/parcel area;
building, provided that, there shall be one             25% of additional lot/parcel area over 5,000
foot of additional yard setback for each                and up to 15,000 square feet; 10% of
added foot of additional height above fifteen           additional lot/parcel area over 15,000 square
feet.                                                   feet.
     C. The height of accessory structures                   B. Duplex residences: 50% of the first
that include an accessory dwelling unit or              5,000 square feet of lot/parcel area; 35% of
guest house may be built to a height of                 additional lot/parcel area over 5,000 square
fifteen (15) feet or eighty per cent (80%) of           feet and up to 15,000 square feet; 10% of
the height of the principal structure,                  additional lot/parcel area over 15,000 square
whichever is greater.                                   feet. (Ord. 799, 2001)
(Ord. 617, 1992; Ord. 527, 1989; Ord. 699, 1995)(Ord.
820, 2002)



18.06.080       Maximum lot coverage –
                RS5000.
    The maximum lot coverage is the
maximum percentage of surface (exclusive
of sensitive areas and submerged lands but
including required buffers) that may be
covered with materials that will not allow
percolation of water into underlying soils.




                         18.06 - 2                                  08/02/2006
                                                                             Langley Municipal Code
                                                                                              18.07

                 Chapter 18.07                         Section 18.07.030          Conditional uses.
                                                            Conditional uses (subject to design
          RS7200 ZONE                                  review) in the RS7200 zone are:
   RESIDENTIAL SINGLE-FAMILY                                A. Day care centers;
                                                            B. Churches and schools (new schools
Sections:                                              and additions exceeding thirty percent of the
18.07.010         Principal uses.                      existing floor space; other school
18.07.020         Secondary uses.                      improvements are not subject to conditional
18.07.030         Conditional uses.                    use permit) and other places of instruction;
18.07.040         Minimum lot size.                         C. Boardinghouses;
18.07.050         Setbacks.                                 D. Public facilities;
18.07.060         Maximum height.                           E. Antennas or parabolic antennas or
18.07.080         Maximum lot coverage.                similar devices used for the transmission or
18.07.085         Floor Area Limits.                   reception of radio frequency signals through
18.07.100         Lot Clustering                       electromagnetic energy over 3.39 feet (one
                                                       meter) in diameter or more than fifteen (15)
18.07.010       Principal uses.                        feet in height.
    Principal uses in the RS7200 zone are:                  F. Social service facilities;
    A. Single-family dwellings;                             G. Libraries and museums;
    B. Duplexes on lots of seven thousand                   H. Nursing homes; and
two hundred square feet or larger (subject to               I. Bed and breakfast room(s) not
design review per Chapter 18.34 of this                located in the building of principal use
code); provided that the use must be served            (which must be located on the same parcel
by the City's water and sewer systems. See             as the building of principal use) and bed and
LMC Title 13 for connection requirements.              breakfast inns;
    C. Townhouse dwellings (subject to                      J. Senior Retirement Facility;
design guidelines per Chapter 18.22.230 and                 K. Cottage Housing;
design review per Chapter 18.34). See LMC                   L. Clustered residential development;
Title 13 for water and sewer connection                     M. Type III home occupations.
requirements (Ord. 527, 1989; Ord. 696, 1995)(Ord.          N. Residential-zone offices.
820, 2002)                                             (Ord. 583, 1990; Ord. 527, 1989, Ord. 696, 1995; Ord
                                                       699, 1995; Ord. 754, 1997; Ord. 771, 1999; Ord 798,
18.07.020        Secondary uses.                       2001)(Ord. 875, 2006)
    Secondary uses in the RS7200 zone are:
    A. Accessory buildings;                            18.07.040       Minimum lot size.
    B. Home day care;                                      Minimum lot size in the RS7200 zone is
    C. Type I and II home occupations;                 seven thousand two hundred square feet,
    D. Foster homes;                                   provided that submerged lands and all but
    E. Bed and breakfast rooms (as long as             twenty-five percent of sensitive areas shall
the rooms are located within the building              be deducted before calculating the
containing the principal use);                         development density for the property. (Ord.
    F. Guest houses.                                   623B, 1992; Ord. 527, 1989, Ord. 733, 1997)
    G. In-home family day care.
    H. Accessory Dwelling Unit.                        18.07.050       Setbacks.
    I. Adult Family Home.                                  Setbacks in the RS7200 zone are:
    J. Wireless Communication Antenna                      A. Street or front: twenty feet;
Arrays. (Ord. 591, 1991; Ord. 583, 1990; Ord. 527,         B. Side yard: five feet on each side;
Ord. 687, 1994, Ord. 696, 1995, Ord. 703, 1995; Ord.       C. Rear yard: twenty-five feet;
754, 1997)(Ord. 875, 2006)                                 D. Where a lot abuts a public or private
                                                       alley, the setback for a principal building
                                                       shall be twenty-five feet from the center line



                        18.07 - 1                                   08/02/2006
                                                                        Langley Municipal Code
                                                                                         18.07

of the alley; for accessory structures,                B. Lots ten thousand square feet to
exclusive of accessory dwelling units, the         forty-three thousand five hundred sixty feet
setback shall be ten feet from the center of       (one acre) - forty percent for the first 10,000
the alleyway; for accessory dwelling units         square feet and thirty percent for all area
the setback shall be not less than five feet       over 10,000 square feet.
from the rear property line; and in no case            C. Lots over one acre - twenty-five
shall a structure be erected closer than two       percent. (Ord. 617, 1992, Ord. 733, 1997; Ord. 771,
feet to the alley right-of-way;                    1999)
     E. All parts of the structure or building
including, without limitation, cornices,           18.07.085 Floor area limits.
eaves, canopies, sun shades, gutters,                   The maximum floor area limit is the
chimneys and flues, shall be considered in         maximum amount of habitable floor area
calculating the location of the structure or       that may be constructed in a principal
building in determining compliance with the        building on a legal lot or parcel. Floor area
setback requirements of this section. (Ord.        limits are applicable to all floors above grade
569, 1990; Ord. 527, 1989; Ord. 771, 1999)         and one-half of the total floor area of a
                                                   daylight basement. The maximum floor area
18.07.060        Maximum height.                   limits are calculated as follows:
     A. Maximum height in the RS7200
                                                        Lot/parcel area to be used in the
zone is twenty-five feet, provided that the
                                                   calculations shall be performed in
height may be built to thirty feet with a
                                                   conjunction with LMC Chapter 18.06.040.
pitched roof if the lowest part of the pitch
begins no higher than twenty-five feet.                 A. Single family residences: 40% of
     B. The maximum height for accessory           the first 5,000 square feet of lot/parcel area;
structures is fifteen feet. On lots one-half       25% of additional lot/parcel area over 5,000
acre or larger in size, the height may be          and up to 15,000 square feet; 10% of
increased up to the height of the principal        additional lot/parcel area over 15,000 square
building, provided that, there shall be one        feet.
foot of additional yard setback for each                B. Duplex residences: 50% of the first
added foot of additional height above fifteen      5,000 square feet of lot/parcel area; 35% of
feet.                                              additional lot/parcel area over 5,000 square
     C. The height of accessory structures         feet and up to 15,000 square feet; 10% of
that include an accessory dwelling unit or         additional lot/parcel area over 15,000 square
guest house may be built to a height of            feet. (Ord. 799, 2001)
fifteen (15) feet or eighty per cent (80%) of
the height of the principal structure,             18.07.100        Lot Clustering
whichever is greater. (Ord. 617, 1992; Ord. 527,       On parcels over two acres in size, a
1989, Ord. 699, 1995)(Ord. 820, 2002)              density bonus of twenty-five percent is
                                                   allowed in conjunction with lot clustering,
18.07.080        Maximum lot coverage.             subject to the following: fifty percent or
     The maximum lot coverage is the               more of the site is reserved for permanent
maximum percentage of surface (exclusive           open space. (Ord. 778, 2000)
of sensitive areas and submerged lands but
including required buffers) that may be
covered with materials that will not allow
percolation of water into underlying soils.
The maximum lot coverage percentages are
as follows:
     A. Lots ten thousand square feet or less
- forty percent;



                         18.07 - 2                             08/02/2006
                                                                              Langley Municipal Code
                                                                                               18.08

               CHAPTER 18.08                                 A. Day care centers;
                                                             B. Churches and schools (new schools
    RS15,000 ZONE - RESIDENTIAL                         and additions exceeding thirty percent of the
           SINGLE FAMILY                                existing floor space; other school
                                                        improvements are not subject to conditional
Sections:                                               use permit) and other places of instruction;
18.08.010          Principal uses.                           C. Nursing homes;
18.08.020          Secondary uses.                           D. Public facilities;
18.08.030          Conditional uses.                         E. Antennas or parabolic antennas or
18.08.040          Minimum lot size.                    similar devices used for the transmission or
18.08.050          Setbacks.                            reception of radio frequency signals through
18.08.060          Maximum height.                      electromagnetic energy over 3.39 feet (one
18.08.070          Lot clustering.                      meter) in diameter or more than fifteen (15)
18.08.085          Floor Area Limits.                   feet in height.
18.08.090          Maximum lot coverage.                     F. Boardinghouses;
                                                             G. Radio transmitting/receiving and
18.08.010       Principal uses.                         satellite signal receiving antennas over 3.39
    Principal uses in the RS15,000 zone are:            feet in diameter, and
    A. Single-family dwellings.                              H. Bed and breakfast room(s) not
    B. Duplexes (subject to design review               located in the building of principal use
per chapter 18.34 of this code); provided               (which must be located on the same parcel
that the use must be served by the City's               as the building of principal use) and bed and
water and sewer systems. See Title 13 LMC               breakfast inns;
for connection requirements.                                 I. Senior Retirement Facility;
    C. Townhouse dwellings (subject to                       J. Cottage Housing;
design guidelines per Chapter 18.22.230 and                  K. Clustered residential development;
design review per Chapter 18.34) (Ord. 527,                  L. Type III home occupations;
1989; Ord 699, 1995)(Ord. 820, 2002)                         M.       Residential-zone offices;
                                                             N. Retreat/Conference Center;
18.08.020        Secondary uses.                             O. Computer/Internet/software        and
     Secondary uses in the RS15,000 zone                related technology uses.
are:                                                             1. For these uses and the use under
     A. Accessory buildings;                            item N above, impacts such as traffic, noise,
     B. Home day care;                                  dust, odor, radiation and glare shall be
     C. Type I and II home occupations;                 subject to mitigation so as to be compatible
     D. Foster homes; and                               with the surrounding residential area.
     E. Bed and breakfast rooms (as long as                      2.       The minimum lot size for
the rooms are located within the building               this use and item N above is five (5) acres.
containing the principal use);                          (Ord. 583, 1990; Ord. 527, 1989, Ord. 696, 1995, Ord.
     F. Guest houses.                                   699, 1995; Ord. 754, 1997; Ord. 771, 1999; Ord. 798,
     G. In-home family day care.                        2001)(Ord. 875, 2006)
     H. Accessory Dwelling Unit.
     I. Adult Family Home.                              18.08.040        Minimum lot size.
     J. Wireless Communication Antenna                       Minimum lot size in the RS15,000 zone
Arrays. (Ord. 597, 1991; Ord. 591, 1991; Ord. 583,      is fifteen thousand square feet, provided that
1990; Ord. 527, 1989; Ord. 687, 1994; Ord. 696, 1995;   submerged lands and all but twenty-five
Ord. 703, 1995; Ord. 754, 1997)(Ord. 875, 2006)         percent of sensitive areas shall be deducted
                                                        before calculating the development density
18.08.030       Conditional uses.                       for the property. (Ord. 623B, 1992; Ord. 527, 1989,
    Conditional uses (subject to design                 Ord. 733, 1997)
review) in the R515,000 zone are:


                         18.08 - 1                                   08/02/2006
                                                                            Langley Municipal Code
                                                                                             18.08


18.08.050         Setbacks.                             18.08.070       Lot clustering.
     Setbacks in the R515.000 zone are:                      On parcels over two acres, a density
     A. Street or front: twenty feet;                   bonus of twenty-five percent is allowed in
     B. Side yard: ten feet on each side;               conjunction with lot clustering, subject to
     C. Rear yard: twenty-five feet;                    the following: fifty percent or more of the
     D. Where a lot abuts a public or private           site is reserved for permanent open space.
alley, the setback for a principal building             (Ord. 527, 1989)
shall be twenty-five feet from the center line
of the alley; for accessory structures,                 18.08.085 Floor area limits.
exclusive of accessory dwelling units, the              The maximum floor area limit is the
setback shall be ten feet from the center of            maximum amount of habitable floor area
the alleyway; for accessory dwelling units              that may be constructed in a principal
the setback shall be not less than five feet            building on a legal lot or parcel. Floor area
from the rear property line; and in no case             limits are applicable to all floors above grade
shall a structure be erected closer than two            and one-half of the total floor area of a
feet to the alley right-of-way;                         daylight basement. The maximum floor area
     E. All parts of the structure or building          limits are calculated as follows:
including, without limitation, cornices,                     Lot/parcel area to be used in the
eaves, canopies, sun shades, gutters,                   calculations shall be performed in
chimneys and flues, shall be considered in              conjunction with LMC Chapter 18.06.040.
calculating the location of the structure or                 A. Single family residences: 40% of
building in determining compliance with the
                                                        the first 5,000 square feet of lot/parcel area;
setback requirements of this section. (Ord.
569, 1990; Ord. 527, 1989; Ord. 771, 1999; Ord. 788,
                                                        25% of additional lot/parcel area over 5,000
2000)                                                   and up to 15,000 square feet; 10% of
                                                        additional lot/parcel area over 15,000 square
18.08.060        Maximum height.                        feet.
     A. Maximum height in the RS 15,000                      B. Duplex residences: 50% of the first
zone is twenty-five feet, provided that the             5,000 square feet of lot/parcel area; 35% of
height may be built to thirty feet with a               additional lot/parcel area over 5,000 square
pitched roof if the lowest part of the pitch            feet and up to 15,000 square feet; 10% of
begins no higher that twenty-five feet.                 additional lot/parcel area over 15,000 square
     B. The maximum height for accessory                feet. (Ord. 799, 2001)
structures is fifteen feet. On lots one-half
acre or larger in size, the height may be               18.08.090       Maximum lot coverage.
increased up to the height of the principal                 The maximum lot coverage is the
building, provided that, there shall be one             maximum percentage of surface (exclusive
foot of additional yard setback for each                of sensitive areas and submerged lands but
added foot of additional height above fifteen           including required buffers) that may be
feet.                                                   covered with materials that will not allow
     C. The height of accessory structures              percolation of water into underlying soils.
that include an accessory dwelling unit or              The maximum lot coverage percentages are
guest house may be built to a height of                 as follows:
fifteen (15) feet or eighty per cent (80%) of               A. Lots ten thousand square feet or less
the height of the principal structure,                  — forty percent;
whichever is greater.                                       B. Lots ten thousand square feet to
(Ord. 617, 1992; Ord. 527, 1989; Ord. 699, 1995)(Ord.   forty-three thousand five hundred sixty feet
820, 2002)                                              (one acre) — forty percent for the first
                                                        10,000 square feet and thirty percent for all
                                                        area over 10,000 square feet.


                         18.08 - 2                                   08/02/2006
                                                         Langley Municipal Code
                                                                          18.08

    C. Lots over one acre— twenty-five
percent.
(Ord. 617, 1992; Ord. 733, 1997; Ord. 771, 1999)




                         18.08 - 3                 08/02/2006
                                                                              Langley Municipal Code
                                                                                               18.12

                 Chapter 18.12                          improvements are not subject to conditional
                                                        use permit) and other places of instruction;
  RM ZONE - MIXED RESIDENTIAL                                C. Boardinghouses;
                                                             D. Public facilities;
Sections:                                                    E. Antennas or parabolic antennas or
18.12.010          Principal uses.                      similar devices used for the transmission or
18.12.020          Secondary uses.                      reception of radio frequency signals through
18.12.030          Conditional uses.                    electromagnetic energy over 3.39 feet (one
18.12.040          Minimum lot size.                    meter) in diameter or more than fifteen (15)
18.12.050          Maximum density.                     feet in height.
18.12.060          Maximum lot coverage –                    E. Radio transmitting/receiving and
                   multifamily                          satellite signal receiving antennas over 3.39
18.12.070          Maximum height.                      feet in diameter,
18.12.080          Setbacks.                                 F. Nursing homes; and
18.12.100          Maximum lot coverage –                    G. Bed and breakfast room(s) not
                   Single family                        located in the building of principal use
                                                        (which must be located on the same parcel
18.12.010       Principal uses.                         as the building of principal use) and bed and
    Principal uses in the RM zone are:                  breakfast inns;
    A. Multifamily development (subject                      H. Senior Retirement Facility;
to design review);                                           I. Cottage Housing;
    B. Duplexes (subject to design review                    J. Home occupations exceeding six
per chapter 18.34 of this code), provided               hundred (600) square feet in accessory
that the use must be served by the City's               buildings. (Ord. 583, l990; Ord. 527, 1989; Ord 696,
water and sewer system. See Title 13 LMC                1995; Ord. 699, 1995; Ord. 754, 1997; Ord. 771, 1999;
for connection requirements.                            Ord 798, 2001)
(Ord. 527, 1989, Ord. 696, 1995, Ord. 699, 1995; Ord.
788, 2000)(Ord. 820, 2002)                              18.12.040      Minimum lot size.
                                                            Minimum lot size in the RM zone is five
18.12.020        Secondary uses.                        thousand square feet. (Ord. 527, 1989)
    Secondary uses in the RM zone are:
    A. Accessory buildings;                             18.12.050        Maximum density.
    B. Home clay care;                                       Maximum density in the RM zone is
    C. Home occupations;                                fifteen dwelling units per acre; provided that
    D. Foster homes;                                    submerged lands and all but twenty-five
    E. In-home family day care.                         percent of sensitive areas shall be deducted
    F. Adult Family Home.                               before calculating the development density
    G. Wireless Communication Antenna                   for the property. Sensitive area buffers are to
Arrays. (Ord. 583, 1990; Ord. 527, 1989; Ord. 687,      be included in calculating the development
1994; Ord 703, 1995; Ord. 754, 1997; Ord. 788, 2000)    density for the property. (Ord. 623B, 1992; Ord.
                                                        527, 1989; Ord. 696, 1995; Ord. 733, 1997)
18.12.030       Conditional uses.
     Conditional uses (subject to design                18.12.060        Maximum lot coverage-
review, Chapter 18.34, and performance                                   multifamily
standards, Chapter 18.25) in the RM zone                    The maximum lot coverage in the RM
are:                                                    zone shall be:
     A. Day care centers;                                   A. Fifty percent; or
     B. Churches and schools (new schools                   B. Sixty percent if parking is within the
and additions exceeding thirty percent of the           principal building.
existing floor space; other school                          The maximum lot coverage is the
                                                        maximum percentage of surface (exclusive


                         18.12 - 1                                   11/20/2002
                                                                             Langley Municipal Code
                                                                                              18.12

of sensitive areas and submerged lands, but             Section 18.12.100          Maximum              lot
including required buffers) that may be                 coverage - Single family
covered with materials that will not allow                  (Only applies to single family existing
percolation of water into underlying soils.             as of May 17, 1995) The maximum lot
(Ord. 527, 1989; Ord. 696, 1995; Ord. 733, 1997)        coverage is the maximum percentage of
                                                        surface (exclusive of sensitive areas and
Section 18.12.070            Maximum height.            submerged lands but including required
     A. Maximum height in the RM zone is                buffers) that may be covered with materials
twenty-five feet, provided that the height              that will not allow percolation of water into
may be built to thirty feet with a pitched              underlying soils. The maximum lot coverage
roof if the lowest part of the pitch begins no          percentages are as follows:
higher than twenty-five feet.                               A. Lots ten thousand square feet or less
     B. The maximum height for accessory                — forty percent;
structures is fifteen feet. On lots one-half                B. Lots ten thousand square feet to
acre or larger in size, the height may be               forty-three thousand five hundred sixty feet
increased up to the height of the principal             (one acre)— forty percent for the first
building, provided that, there shall be one             10,000 square feet and thirty percent for all
foot of additional yard setback for each                area over 10,000 square feet.
added foot of additional height above fifteen               C. Lots over one acre— twenty-five
feet. (Ord. 617, 1992; Ord. 527, 1989, Ord 699, 1995)   percent. (Ord. 617, 1992, Ord. 733, 1997; Ord. 771,
                                                        1999)
18.12.080         Setbacks.
     Setbacks in the RM zone are:
     A. Street: twenty feet;
     B. Side yard: five feet on each side
except that for multifamily development the
side yards shall be ten feet on each side;
     C. Rear yard: twenty-five feet;
     D. Where a lot abuts a public or private
alley, the setback for a principal building
shall be twenty-five feet from the center line
of the alley, for accessory structures,
exclusive of accessory dwelling units, the
setback shall be ten feet from the center of
the alleyway; for accessory dwelling units
the setback shall be not less than five feet
from the rear property line; and in no case
shall a structure be erected closer than two
feet to the alley right-of-way;
     E. Certain parts of the structure or
building including, without limitation,
cornices, canopies, sun shades, chimneys
and flues, shall be considered in calculating
the location of the structure or building in
determining compliance with the setback
requirements of this section (see also
Chapter 18.22.030 of this code for further
reference). (Ord. 569, 1990; Ord. 527, 1989; Ord.
771, 1999; Ord. 788, 2000)




                         18.12 - 2                                  11/20/2002
                                                                             Langley Municipal Code
                                                                                              18.16

               Chapter 18.16                               D.    In-home family day care.
                                                           E.    Adult Family Home.
   CB ZONE - CENTRAL BUSINESS                              F.    Wireless Communication Antenna
                                                       Arrays.  (Ord. 612, 1992; Ord. 527, 1989; Ord. 687,
Sections:                                              1994; Ord. 703, 1995; Ord. 754, 1997)
18.16.010        Principal uses.
18.16.020        Secondary uses.                       18.16.030         Conditional uses.
18.16.030        Conditional uses.                          Conditional uses in the CB zone are:
18.16.040        Minimum lot size.                          A. Outside storage and display;
18.16.050        Maximum density.                           B. Public and utility buildings and
18.16.060        Maximum lot coverage.                 structures except transmission lines and
18.16.070        Maximum height.                       structures;
18.16.080        Setbacks.                                  C. Service stations.
18.16.085        Commercial Uses                            D. Antennas or parabolic antennas or
                 Adjacent to Residential               similar devices used for the transmission or
                 Zoning                                reception of radio frequency signals through
18.16.090        Binding site plan.                    electromagnetic energy over 3.39 feet (one
18.16.100        Requirement to connect to             meter) in diameter or more than fifteen (15)
                 City water and sewer                  feet in height. (Ord. 52, 1989; Ord. 754, 1997)
                 systems.
                                                       18.16.040          Minimum lot size.
18.16.010       Principal uses.                            There is no minimum lot size in the CB
    Principal uses in the CB zone are:                 zone. (Ord. 527, 1989)
    A. Retail and wholesale sales;
    B. Personal services, including self               18.16.050        Maximum density.
        -service;                                          There is no density limit in the CB zone
    C. Offices;                                        for residential development located above
    D. Medical-dental clinics;                         commercial, provided that any land area
    E. Restaurants and taverns;                        containing wetlands and/or streams shall be
    F. Social and recreational facilities;             deducted before calculating the development
    G. Hotels, motels, and bed and                     density for the property. (Ord. 623B, 1992; Ord.
        breakfast rooms and inns;                      527, 1989; Ord. 696, 1995)
    H. Accessory structures and uses;
    I. Parking facilities;                             18.16.060       Maximum lot coverage.
    J. Theaters; and                                       There is no limit for maximum lot
    K. Tourist Accommodations                          coverage in the CB zone, except as required
        -Commercial. (Ord. 527, 1989; Ord 733,         per Section 18.16.080. (Ord. 527, 1989)
1997)
                                                       18.16.070         Maximum height.
18.16.020        Secondary uses.                            A. The maximum height in the CB zone
     Secondary uses in the CB zone are:                is thirty feet, provided that the height may
     A. Dwelling      units    in     principal        be built to thirty-five feet with a pitched roof
buildings, provided that commercial uses               if the lowest part of the pitch begins no
shall occupy the first and/or street level of          higher than thirty feet; provided, further, that
the building;                                          the height limit on the north side of First
     B. Consumer goods repair,                         Street shall be twenty-five feet with the
     C. On-site hazardous waste treatment              height measured from the center of the
and storage facilities, provided that such             side(s) of the building fronting on First
facilities comply with the state siting criteria       Street extended to the center line of the First
adopted in accordance with RCW                         Street right-of-way; provided further that on
70.105.210, or its successor.                          steeply sloping lots fronting on First Street,

                                               18.16 - 1                                   11/20/2002
                                                                               Langley Municipal Code
                                                                                                18.16

development shall step down the bluff and,                zoned residential. All other standards
thereby, better fit with the site terrain and be          applicable to development in this zone and
more compatible with the adjacent Seawall                 not in conflict with the following also apply:
Park. The City's design review process will                    A. Uses: Taverns and cocktail lounges
determine      consistency        with       these        and outdoor and/or amplified music are
requirements      for     each      development           prohibited.
application.                                                   B. Setbacks: Front, ten (10) feet; Side,
    B. The building height governing the                  five (5) feet; Rear, twenty-five feet.
two blocks between Second and Fourth                           C. Height: The height limit shall be the
Streets on Cascade Avenue shall be twenty-                same as the adjacent residential zone height
five feet. In this area height will be                    limit.
measured from the center point of the side(s)                  D. Location of parking: shall be located
of the building fronting Cascade Avenue                   on the side of the property opposite from the
extended to the centerline of the Cascade                 residential zoning or in the rear of the
Avenue right of way. If the building is set               property. If the parking is in the rear of the
back significantly down-slope (i.e. to the                property, screening is required to buffer the
west) the total height may be up to thirty-               parking area from the residential property.
five feet, but not to exceed the above-                        E. Building design: the building
measured twenty-five foot elevation over                  development shall be compatible in scale
Cascade. (Ord. 650, 1993; Ord. 646, 1993; Ord. 566,       and character with the residential buildings
1990; Ord. 527, 1989; Ord. 670, 1994)                     in the vicinity.
                                                               F. Applicability: in cases where the
18.16.080        Setbacks.                                development involves more than one parcel,
    Setbacks in the CB zone are:                          the above regulations shall apply to the
    A. Street: none;                                      parcel adjacent to the residential zone and,
    B. Side yard: none except when                        in cases where the development involves a
abutting a residential zone, which shall then             parcel with a lot width greater than 40 feet,
be five feet;                                             the above regulations shall apply to the first
    C. Rear yard: none except when                        thirty (30) feet that are adjacent to the
abutting a residential zone, which shall then             residential zoned area. (Ord. 696, 1995; Ord. 771,
be twenty-five feet,                                      1999)
    D. Where a lot abuts an alley, the
setback shall be ten feet from the center of              18.16.090        Binding site plan.
the alleyway, and in no case shall a structure                 A binding site plan is required for
be erected closer than two feet to the alley              commercial development in instances where
right-of-way;                                             only a portion of the contiguous property
    E. All parts of the structure or building             which is zoned commercial and in one
including, without limitation, cornices,                  ownership is proposed to be developed or
eaves, canopies, sun shades, gutters,                     where multiple developments are proposed
chimneys and flues, shall be considered in                on contiguous property in one ownership
calculating the location of the structure or              and shall include:
building in determining compliance with the                    A. All information required on a
setback requirements of this section. (Ord.               preliminary plat,
569, 1990; Ord. 527, 1989)                                     B. The location of all proposed
                                                          structures;
18.16.085      Commercial Uses                                 C. A detailed landscape plan indicating
               Adjacent to Residential                    the location of existing vegetation to be
               Zoning                                     retained, location of vegetation and
    The following special standards apply in              landscaping structures to be installed, the
cases where development is proposed                       type of vegetation by common horticultural
immediately adjacent to property that is

                                                  18.16 - 2                                   11/20/2002
                                                           Langley Municipal Code
                                                                            18.16

name, the installed and mature height of all
vegetation;
    D. Schematic plans and elevations of
proposed buildings with samples of all
exterior finish material and colors, the type
and location of all exterior lighting, signs
and accessory structures;
    E. Inscriptions or attachments setting
forth the limitations and conditions of
development; and
    F. The provisions insuring the
development will be in conformance with
the site plan as approved. (Ord. 565, 1990: Ord.
527, 1989)

18.16.100      Requirement to connect to
               City water and sewer
               systems.
    All development in this zone is required
to be served by the City's public water and
sewer systems. See Title 13 LMC for
connection requirements.
(Ord. 696, 1995) (Ord. 820, 2002)




                                               18.16 - 3              11/20/2002
                                                                        Langley Municipal Code
                                                                                         18.18

            CHAPTER 18.18                             "preserve and enhance the distinctive
                                                      entrances to the City that sets an inviting
    NB ZONE - NEIGHBORHOOD                            tone for the City," the following criteria
           BUSINESS                                   shall apply:
                                                      a.       All activities shall be screened
Sections:                                             from the view of the adjacent residences
18.18.010      Principal uses.                        and shall be screened to the maximum
18.18.020      Secondary uses.                        extent possible from adjacent public
18.18.030      Conditional uses.                      streets, and
18.18.040      Minimum lot size.                      b. All activities shall be conducted
18.18.050      Maximum density.                   within an enclosed building.
18.18.060      Maximum height.                        M. Tourist Accommodations-
18.18.065      Maximum lot coverage.                      Commercial;
18.18.070      Setbacks.                              N. Medical-dental clinics. (Ord. 572,
18.18.080      Binding site plan.                 1990; Ord. 527, 1989; Ord. 696, 1995; Ord. 733, 1997;
18.18.090      Requirement to connect to          Ord. 771, 1999; Ord. 788, 2000)
               city water and sewage
               systems.                           18.18.020       Secondary uses.
                                                      Secondary uses in the NB zone are:
18.18.010         Principal uses.                     A. Accessory uses and structures;
     Principal uses in the NB zone are:               B. Home occupations;
     A. Two-family dwellings (duplexes);              C. Foster homes;
     B. Bed and breakfast rooms and inns;             D. Home day care;
     C. Hotels and motels;                            E. Guest Houses. Guesthouses are
     D. Offices;                                  added as a secondary use under this
     E. Restaurants, exclusive of fast-food       subsection but only if the principal use of
and drive-in;                                     the subject property under this section is a
     F. Personal services;                        single-family dwelling;
     G. Nurseries;                                    F. In-home family day care;
     H. Day care centers;                             G. Adult Family Home;
     I. Health clubs;                                 H. Wireless Communication Antenna
     J. Multifamily dwellings;                    Arrays.
                                                  (Ord. 597, 1991; Ord. 591, 1991: Ord. 527, Ord. 687,
     K. Home day care;
                                                  1994, Ord. 696, 1995; Ord 703, 1995; Ord. 754, 1997;
     L. In buildings that were legally in         Ord. 771, 1999)
existence prior to January 25, 1989, the
following uses and conditions apply:              18.18.030         Conditional uses.
     1. Production of goods,                          Conditional uses in the NB zone are:
     2. Warehousing and storage of goods              A. Churches and schools;
(not including self-storage),                         B. Boardinghouses;
     3. Repair services,                              C. Public facilities;
     4. The sale of goods is limited to:              D. Radio transmitting/receiving and
     a.    Those goods produced and/or            satellite receiving antennas over 3.28 feet in
     assembled on-site and where other            diameter,
     goods for sale do not occupy more than           E. Social service facilities;
     10% of the gross floor area of the               F. Libraries and museums;
     business, or;                                    G. Nursing homes; and
     b. Where retail sales is a limited               H. Veterinary clinics for small animals;
element (hours and/or scope of activity) of           I. Antennas or parabolic antennas or
the operation,                                    similar devices used for the transmission or
     5.      In furtherance of implementing       reception of radio frequency signals through
     the city comprehensive plan policy to


                                          18.18 - 1                                     12/06/2004
                                                                                  Langley Municipal Code
                                                                                                   18.18

electromagnetic energy over 3.39 feet (one                      3. Lots over one acre - twenty-five
meter) in diameter or more than fifteen (15)                percent. (Ord. 771, 1999)
feet in height;
     J. Home occupations exceeding six                      18.18.070         Setbacks.
hundred (600) square feet in accessory                          Setbacks in the NB zone are:
buildings.                                                      A. Street: none except twenty feet
     K. Senior Retirement Facility.                         when abutting a residential zone;
(Ord. 527, 1989; Ord. 754, 1997; Ord. 771, 1999; Ord.           B. Side yard: none except when
846, 2004)                                                  abutting a residential zone, where the
                                                            setback shall be five feet and shall include a
18.18.040      Minimum lot size.                            sight-obscuring screen which may be either
    Minimum lot size in the NB zone is five                 a solid fence or vegetation which reaches a
thousand square feet. (Ord. 527, 1989)                      height of eight feet at maturity;
                                                                C. Rear yard: none except when
18.18.050       Maximum density.                            abutting a residential zone, where the
    Maximum density for residential                         setback shall be twenty-five feet;
development in the NB zone is fifteen                           D. Where a lot abuts a public or private
dwelling units per acre; and further that any               alley, the setback shall be ten feet from the
land area containing wetlands and/or                        center of the alleyway, and in no case shall a
streams shall be deducted before calculating                structure be erected closer than two feet to
the development density for the property.                   the alley right-of-way;
(Ord. 696, 1995)
                                                                E. All parts of the structure or building
                                                            including, without limitation, cornices,
18.18.060        Maximum height.                            eaves, canopies, sun shades, gutters,
    Maximum height in the NB zone is                        chimneys and flues, shall be considered in
twenty-five feet, provided that the height                  calculating the location of the structure or
may be built to thirty feet with a pitched                  building in determining compliance with the
roof if the lowest part of the pitch begins no              setback requirements of this section. (Ord.
higher than twenty-five feet. (Ord. 527, 1989)              569, 1990; Ord. 527, 1989; Ord. 788, 2000)

18.18.065        Maximum lot coverage                       18.18.080        Binding site plan.
     A. There is no limit for maximum lot                        A binding site plan is required for
coverage in the NB zone, except as required                 commercial development in instances where
per Section 18.18.070 and as set forth in                   only a portion of the contiguous property
Subsection B below.                                         which is zoned commercial and in one
     B. Single family use only - The                        ownership is proposed to be developed or
maximum lot coverage is the maximum                         where multiple developments are proposed
percentage of surface (exclusive of sensitive               on contiguous property in one ownership
areas and submerged lands but including                     and shall include:
required buffers) that may be covered with                       A. All information required on a
materials that will not allow percolation of                preliminary plat
water into underlying soils. The maximum                         B. The location of all proposed
lot coverage percentages are as follows:                    structures;
     1. Lots ten thousand square feet or less                    C. A detailed landscape plan indicating
- forty percent;                                            the location of existing vegetation to be
     2. Lots ten thousand square feet to                    retained, location of vegetation and
forty-three thousand five hundred and sixty                 landscaping structures to be installed, the
square feet (one acre) - forty percent for the              type of vegetation by common name and
first ten thousand and thirty percent for all               taxonomic designation, the installed and
area over ten thousand square feet.                         mature height of all vegetation;



                                                    18.18 - 2                                     12/06/2004
                                                               Langley Municipal Code
                                                                                18.18

    D. Schematic plans and elevations of
proposed buildings with samples of all
exterior finish material and colors, the type
and location of all exterior lighting, signs
and accessory structures;
    E. Inscriptions or attachments setting
forth the limitations and conditions of
development; and
    F. The        provisions    insuring  the
development will be in conformance with
the site plan. (Ord. 527, 1989)

18.18.090      Requirement to connect to
               city water and sewage
               systems.
    All development in this zone is required
to be served by the city's public water
system and sewage system, except as
otherwise addressed in the city code See
Title 13 LMC for connection requirements.
(Ord. 527, 1989; Ord. 771, 1999)(Ord. 820, 2002)




                                                   18.18 - 3              12/06/2004
                                                                            Langley Municipal Code
                                                                                             18.19

               Chapter 18.19                          tents; and limits on stays to no more than 30
                                                      consecutive days within a 60 day period.
         P-1 ZONE-PUBLIC USE                          (Ord. 754, 1997)(Ord. 820, 2002)

Sections:                                             18.19.040        Minimum lot size.
18.19.010        Principal uses.                          There is no minimum lot size in the P-1
18.19.020        Secondary uses.                      zone, except as may be dictated by the
18.19.030        Conditional Uses                     setback requirements as set forth in Section
18.19.040        Minimum lot size.                    18.19.050. (Ord. 562, 1990)
18.19.050        Maximum height.
18.19.060        Setbacks.
18.19.070        Design review.                       18.19.050       Maximum height.
                                                           Maximum height in the P-1 zone is
18.19.010          Principal uses.                    thirty-five feet, as defined in Section
     Principal uses in the P-1 zone are:              18.01.040. (Ord. 562, 1990)
     A. Municipal facilities, such as
watersheds, reservoirs, sewage treatment              18.19.060        Setbacks.
plants, police and fire stations, and City                 Setbacks in the P-1 zone are:
Hall/offices.                                              A. Streets.
     B. Public schools and grounds,                        1. Arterial streets: fifty feet,
administrative office and related facilities.              2. Other streets: twenty-five feet;
     C. Public parks and open space areas.                 B. Side yard: twenty feet;
     D. Other governmental facilities, such                C. Rear yard: twenty-five feet;
as Fairgrounds.                                            D. P-1 Zone Abutting Residential,
     E. Private utilities that are regulated by       Mixed Residential or Commercial Zone(s).
the State, and therefore, quasi-public                     1. Where a P-1 zone abuts a lot which
entities. (Ord. 733, 1996)                            is zoned residential, there shall be a
                                                      minimum setback from the common lot line
18.19.020         Secondary uses.                     of fifty feet with a minimum of the first
    Secondary uses in the P-1 zone are:               twenty feet from the common lot line
    A. Facilities for caretakers or on-duty           landscaped,
employees;                                                 2. Where a P-1 zone abuts a lot(s)
    B. Parking.                                       zoned mixed residential or commercial,
    C. Wireless Communication Antenna                 there shall be a minimum landscaped
Arrays. (Ord. 562, 1990; Ord. 754, 1997)              setback of twenty feet from the common lot
                                                      line.
18.19.030        Conditional Uses                          E. All parts of the structure or building
     Conditional uses in the P-1 zone are:            including, without limitation, cornices,
     A. Antennas or parabolic antennas or             eaves, canopies, sun shades, gutters,
similar devices used for the transmission or          chimneys and flues, shall be considered in
reception of radio frequency signals through          calculating the location of the structure or
electromagnetic energy over 3.39 feet (one            building in determining compliance with the
meter) in diameter or more than fifteen (15)          setback requirements of this section. (Ord.
feet in height.                                       569, 1990; Ord. 562, 1990)
     B. Campgrounds, subject to providing a
visual screen from adjacent properties and            18.19.070          Design review.
roadways; service by the city water and                   Development in the P-1 zone is subject
sewer systems, including dumping facilities           to design review in accordance with the
for recreational vehicles; minimum 10 foot            procedure contained in Chapter 18.34 of this
                                                      code. (Ord. 562, 1990)
separation between recreational vehicles or



                                              18.19 - 1                                  11/20/2002
                                                                          Langley Municipal Code
                                                                                           18.20

               Chapter 18.20                      conditional uses, shoreline permits and other
                                                  related permits and environmental review;
            PLANNING AGENCY                            E. Other related duties as designated
                                                  by the mayor or the city council. (Ord. 527,
Sections:                                         1989)(Ord. 873, 2006)
18.20.010        State statutes adopted.
18.20.020        Created Responsibilities.        18.20.030        Planning officer.
18.20.030        Planning officer.                    The head of the planning agency shall
18.20.040        Planning Advisory Board          be known as the city planning officer. The
                 - Membership                     position shall be appointed by the mayor and
18.20.050        Planning Advisory Board          shall be confirmed by the city council. (Ord.
                 - Duties                         527, 1989)
18.20.060        Planning Officer - Duties
18.20.070        Planning Officer - SEPA          18.20.040        Planning Advisory Board
                 Official                                          - Membership
18.20.080        Vacancy filling.                     A. There is created a planning advisory
18.20.090        Expense authorization.           board, which shall consist of five members.
18.20.100        Planning Advisory Board          Four members must be residents of the city.
                 - Meetings                       The members of the planning advisory board
18.20.110        Comprehensive Plan               shall be appointed by the mayor and
                 Group – Membership               approved by the city council as per Section
18.20.115        Comprehensive          Plan      18.20.080 of this chapter. They shall serve
                 Group - Components               for a term of three years.
18.20.120        Comprehensive Plan               B. There shall also be one alternate
                 Group - Duties                   member, who must be a resident of the city,
                                                  unless previously having served on the
18.20.010         State statutes adopted.         board. The alternate member shall be
    RCW Chapter 35A.63 is adopted by              appointed in the same manner as the regular
reference. (Ord. 527, 1989)                       board members.
                                                  C. The alternate member shall serve on
18.20.020         Created Responsibilities.       occasions when a regular board member will
     Pursuant to RCW Chapter 35A.63.,             not be able to attend a board meetings due to
there is created a planning agency of the city    an excused absence approved by the board.
                                                  (Ord. 578, 1990: Ord. 564, 1990; Ord. 527, 1989; Ord
with the powers and duties prescribed in this     798, 2001)
chapter. The planning agency shall be
comprised of the planning officer, the            18.20.050        Planning Advisory Board
planning advisory board, and the                                   - Duties
comprehensive plan group. The planning                The planning advisory board shall be
agency shall be responsible, through its          responsible     for    the   review     and
component parts, for:                             recommendation to the city council on all
     A. Review and updating of the                applications for subdivision, variance,
comprehensive plan for the city;                  conditional use, rezone, and for the
     B. Information and administration of         development or revision of land use
the land use regulations of the city;             regulations, including the zoning code and
     C. Development of new land use               shoreline master program. The planning
regulations or revisions of existing land use     advisory board shall have such other powers
regulations for consideration by the city         and duties as contained in RCW Chapter
council;                                          35A.63 except for those sections concerning
     D. Preparation      of    reports     and    comprehensive planning (e.g sections
recommendations on land use applications
including        subdivisions,       variances,


                       18.20 - 1                                  08/2006
                                                                          Langley Municipal Code
                                                                                           18.20

35A.63.060-100). (Ord. 527, 1989)(Ord. 873,        18.20.110         Comprehensive Plan
2006)                                                                Group - Membership
                                                       A. There is created a comprehensive
18.20.060       Planning Officer - Duties          plan group, which shall consist of the
    The planning officer shall provide             mayor, all council members, the chair of the
regular staff services to the planning             planning advisory board, and at least seven
advisory board and such staff services to the      appointed members.
comprehensive plan group as the executive              B. The chair and vice chair(s) of the
team of the comprehensive plan group may           comprehensive plan group shall be
request. The planning officer shall submit to      appointed by, and may be removed as chair
the planning advisory board a report and           or vice chair by, the city council. The chair,
recommendation on all applications or              vice chair(s) and mayor shall be the
proposed land use regulations. The planning        executive team for the comprehensive plan
officer shall convey to the city council the       group.
majority report of the planning advisory               C. Members who are neither ex-officio
board, any minority report and the                 nor part of the executive team shall be
recommendation of the planning officer on          appointed by the executive team and
any land use application or proposed               approved by the city council. Non-ex-officio
regulation which requires city council action      members may be removed by a majority
as currently provided by ordinance. (Ord. 527,     vote of the city council.
1989) (Ord. 873, 2006)                                 D. The term of ex-officio members
                                                   shall be the same as their term in office. The
18.20.070       Planning Officer – SEPA            term of other members shall be two years.
                Official                               E. The comprehensive plan group shall
    The planning officer shall serve as the        be staffed by consultants selected by the
responsible official pursuant to the State         executive team, appointed by the mayor, and
Environmental Policy Act of 1971 (RCW              approved by the council.
Chapter 43.2 1C). (Ord 570, 1990; Ord. 527 1989)   (Ord. 873, 2006)(Ord. 876, 2006)

18.20.080       Vacancy filling.                   18.20.115         Comprehensive Plan
    The city clerk/treasurer shall be                                Group - Components
responsible for advertising any vacancies on            Within the comprehensive plan group
the planning advisory board, and receiving         there exist the following bodies:
applications. The planning advisory board               A. The executive team described in
may recommend to the mayor the names of            18.20.110.B.
candidates. The mayor shall appoint                     B. Advisory committees, whose chairs
nominees to serve on the planning advisory         and members shall be appointed by the
board subject to city council confirmation.        executive team and approved by the council.
(Ord. 527, 1989)                                        C. The integration committee, composed
                                                   of: (a) the chair of each advisory committee
18.20.090      Expense authorization.              described in 18.20.115.B, or as alternate, the
    The city council shall authorize the           chair's designate from among the advisory
necessary expenses of the planning agency          committee's members, (b) the executive
through the annual budgetary ordinances.           team, and (c) the chair of the planning
(Ord. 527, 1989)                                   advisory board. The executive team and the
                                                   chairs of the advisory committees shall be
18.20.100        Planning Advisory Board           chosen so that a majority of the integration
                 - Meetings                        committee are non-council members.
     The planning advisory board shall meet        (Ord. 876, 2006)
at least once each month. (Ord. 527, 1989)
                                                   18.20.120           Comprehensive Plan



                         18.20 - 2                                    08/2006
                                                    Langley Municipal Code
                                                                     18.20

                 Group - Duties
    A. While the comprehensive plan
group exists, the integration committee shall
be responsible for the review and
recommendation to the city council of all
updates     and     amendments     to     the
comprehensive plan of the city and shall
have such other powers and duties as set
forth in RCW Sections 35A.63.060-100.
    B. The role of the advisory committees
is purely advisory. The integration
committee and the council are free to act in
accordance with RCW Sections 35A.63.060-
100 independent of whether either the
integration committee or the council has
received any recommendations from any of
the advisory committees.
    C. The existence of the comprehensive
plan group shall terminate on March 1,
2008, or on such earlier date that the city
council shall elect to terminate the
comprehensive planning group, on which
date the planning advisory board shall
assume all of the duties and responsibilities
of the comprehensive plan group, including
those set forth in RCW Sections
35A.63.060-100. (Ord. 873, 2006)(Ord. 876,
2006)




                      18.20 - 3                 08/2006
                                                                           Langley Municipal Code
                                                                                            18.21

              Chapter 18.21                        amendment is being proposed and the
                                                   justification for the amendment.
       COMPREHENSIVE PLAN                               3. All proposed amendments shall be
                                                   referred to the planning agency for
Sections:                                          consideration and the planning agency, in
18.21.010      Preparation.                        turn, shall forward its recommendations to
18.21.020      Planning area.                      the City Council in accordance with the
18.21.030      Elements of                         provisions of Chapter 18.21.
               comprehensive plan.                      D. For all amendments, the planning
18.21.040      Form.                               agency shall hold at least one public hearing
18.21.050      Compliance with State               for the purpose of receiving public
               Environmental Policy Act.           comments regarding the merits of proposed
18.21.060      Action by city council.             amendments. Notice of the hearing(s) shall
                                                   follow the procedures set forth in LMC
18.21.010       Preparation.                       18.36.020. The provisions of 18.36.020 that
    A. The planning agency of the city is          refer to "the subject property" shall be
responsible for the preparation of and             followed if a proposed amendment is
updating of the comprehensive plan for             property specific.
anticipating and influencing the orderly and            E. A copy of the amendment(s)
coordinated development of land and                recommended to the City Council by the
building uses of the city and its environs.        planning agency shall be transmitted to
Amendments to the comprehensive plan will          Washington Department of Community,
be considered no more frequently than once         Trade      and      Economic    Development
each year, except in the event of an               (DCTED) at least sixty days prior to the
emergency. Proposed amendments will be             expected date of final City Council action on
reviewed concurrently so that the                  the proposed amendment(s). A copy of any
cumulative effect of the proposed                  adopted amendment(s) will be transmitted to
amendments can be considered. The first            the DCTED within ten days after adoption
time that amendments can be considered is          by the City Council. (Ord. 696, 1995, Ord. 699,
January 1996.                                      1995)(Ord. 873, 2006)
    B. Two general types of plan
amendments will be considered. The first           18.21.020        Planning area.
type is an annual review conducted by the              The comprehensive plan shall include
City itself. This review will examine any          real property situated both inside and
portion or the entire plan, including a            outside of the boundaries of the city. The
reevaluation of goals, elements, and the           planning agency shall determine the
reaffirmation of policies. Included in this        planning area boundaries that should be used
review will be plan amendments consistent          to meet the needs and requirements of the
with the Growth Management Act.                    city and the surrounding area. The planning
    C. The second form of plan                     agency should coordinate with agencies
amendments relate to site-specific requests.       such as Island County and the South
    1. Anyone wishing to propose an                Whidbey School District in defining the city
amendment must submit the proposed                 planning area. (Ord. 527, 1989; Ord. 564, 1990)
amendment in writing to the City Planning
Official.                                          18.21.030         Elements of
    2. Proposals for amendment need to                               comprehensive plan.
include at least the following information:            The elements of the comprehensive plan
(1) reference to the element of the                shall include at a minimum:
comprehensive plan that is proposed for                A. A land use element that designates
amendment; (2) proposed amendatory                 the proposed general distribution, general
language; and (3) an explanation of why the        location, and extent of the uses of land, and


                                           18.21 - 1                                      04/2006
                                                                        Langley Municipal Code
                                                                                         18.21

shall include estimates of future population
growth and statements of recommended                 18.21.050     Compliance with State
standards of population density and building                       Environmental Policy Act.
density, for the area covered by the                     The preparation and adoption of the
comprehensive plan referred to in Section            comprehensive plan shall comply with the
18.20.020 of this chapter,                           State Environmental Policy Act of 1971
     B. A circulation element consisting of          (RCW Chapter 43.21C). (Ord. 564, 1990; Ord.
the general location, alignment and extent of        527, 1989)
existing and proposed major thoroughfares,
major transportation routes and major                18.21.060       Action by city council.
terminal facilities, all of which shall be               The city council shall approve or
correlated with the land use element of the          disapprove, or modify and approve as
comprehensive plan;                                  modified, the comprehensive plan, or refer it
     C. An open space, park and recreation           back to the planning agency for further
element;                                             proceedings. (Ord. 564, 1990; Ord. 527, 1989)
     D. An annexation element showing
goals and policies dealing with future
annexations of unincorporated territory to
the city;
     E. A public utilities element showing
general plans, goals and policies for the
development of public services and
facilities; and
     F. Such other elements as may be
recommended by the planning agency and
approved by the city council, which deal
with subjects relating to the development of
the city or are essential to coordinate public
services and programs              with such
development. (Ord. 564, 1990; Ord. 527, 1989)

18.21.040        Form.
     The comprehensive plan shall consist of
maps, diagrams, charts, reports, descriptive
and explanatory texts or other materials to
express, explain or depict the elements of
the plan. The contents of the plan shall
include a consistent set of goals, policies,
standards and strategies, which outline and
depict a recommended course of action,
scheme or design for each element of the
comprehensive plan. The comprehensive
plan shall consist of two documents:
     A. Community profile, depicting the
physical, social and economic characteristics
of the planning area; and
     B. Goals and policies to guide future
growth of the city and other areas
comprising the city planning area. (Ord. 564
1990; Ord. 527, 1989)




                                             18.21 - 2                                   04/2006
            Chapter 18.22
                                                 18.22.010       Scope.
    GENERAL PROVISIONS AND                           The general provisions and standards
         STANDARDS                               contained in this chapter apply to all uses
                                                 and structures in all zone districts. (Ord. 527,
Sections:                                        1989)
18.22.010    Scope.
18.22.020    Landscaping.                        18.22.020        Landscaping.
18.22.030    Yards.                                  All lots shall be generously landscaped,
18.22.040    Fences and hedges.                  and consistent with the natural environment
18.22.045    View preservation.                  of Langley and appropriate to the planned
18.22.050    Accessory buildings.                use. Retention of natural landscaping is
18.22.055    Water conservation.                 encouraged. (Ord. 527, 1989)
18.22.060    Home occupations.
18.22.065    Residential-zone Offices            18.22.030        Yards.
18.22.070    Bed and breakfast rooms.                 A. No yard shall be reduced in size or
18.22.080    Bed and breakfast inns.             area below the minimum dimensions
18.22.085    Tourist Accommodations              required by this title except as allowed by
             – Commercial                        variance or under the provisions of
18.22.090    Day care centers.                   subsection C of this section.
18.22.100    Outside storage.                         B. Yards— Setbacks. No portion of
18.22.110    Vehicle parking.                    any building, or structure, over eighteen
18.22.120    Barrier-free access.                inches above grade shall extend into a
18.22.130    Off-street parking.                 required yard, with the exception of the
18.22.140    Design and construction             following:
             requirements—Parking.                    1. Eaves may extend no more than
18.22.150    In-Home Family Day Care             eighteen (18) inches into a required yard
18.22.155    Accessory Dwelling Units            area; and
18.22.160    Essential Public Facilities              2. Accessory buildings and structures
18.22.165    Adult Family Home.                  and detached accessory dwelling units may
18.22.170    Comprehensive                       be located in the rear yard setback, as long
             Plan/Concurrency and                as they are no closer than five feet from any
             Consistency Required.               property line; provided that, in the RS 15000
18.22.180    Cottage Housing                     zone, dwelling units may not be closer than
18.22.190    Wireless Communications             ten feet from any property line;
             Facilities                               3. Rear Yard. A principal structure
18.22.200    Clustered residential               may extend up to six (6) feet into the rear
             development (CRD)                   setback, provided that the extended structure
18.22.210    Retirement             living       is limited in width to twenty (20) percent of
             facilities,  nursing       or       the average lot width and is no higher than
             convalescent facilities, and        twelve (12) feet.
             congregate care facilities:              C. Yard requirements may be reduced
             the following regulations           by the Planning Official up to twenty-five
             apply:                              percent of the required dimensions if
18.22.220    Condominium         Binding         necessary for the reasonable use of the
             Site Plan                           property and upon a showing of unusual
18.22.230         Design Guidelines for          circumstances because of topography,
             Townhouse Units                     vegetation or irregular lot shape. (Ord. 620,
18.22.240    Temporary Housing                   1992; Ord. 617, 1992; Ord. 527, 1989; Ord. 696, 1995;
                                                 Ord. 699, 1995; Ord. 771, 1999) (Ord. 834, 2003)




                                         18.22 - 1                                         08/2006
                                                              B. No accessory building shall have a
                                                          gross floor area greater than nine hundred
18.22.040         Fences and hedges.                      square feet, provided that:
     A. Natural evergreen screening is                        1. On lots greater than one acre in size,
encouraged. Temporary fencing may be                      the maximum gross floor area is twelve
approved if erected simultaneously with                   hundred square feet; and
permanent plantings.                                          2. On lots five acres or greater in size
     B. No fence shall exceed seventy-two                 within the RS 15000 Zone, the maximum
inches in height from the finished grade.                 gross floor area is five thousand square feet,
Trellis and arbors over an entryway may not               subject to each of the following
exceed a total height of eight feet and may               requirements:
not exceed 10% of lot width on each side of               a. Prior to the issuance of any building
the lot up to a maximum of twelve feet in                 permit for an accessory building having a
width on each side.                                       gross floor area greater than twelve hundred
     C. Fences are permitted in the street                square feet, a written covenant shall be
setback yard but shall be no higher than                  executed by the owner(s) of the lot upon
forty-two inches from the finished grade.                 which accessory building is to be located,
Trellis and arbors over an entryway may not               and recorded in the records of the Island
exceed a total height of eight feet and shall             County Auditor. Such covenant shall legally
not be closer to the street lot line than ten             describe an area within such lot, which is
feet or five feet to a side/rear lot line unless          not greater than five acres in size, within
part of a fence enclosure.                                which such accessory building and the
     D. At the intersection of two street                 principal building shall be located. Such
setback areas, no structure, including trellis            covenant shall further provide that the size
and arbors, fence or hedge shall exceed                   of the lot upon which such accessory
thirty inches in height in the triangular area            building is to be located shall not be reduced
formed by twenty-five feet of each street lot             to less than five acres for so long as that
line from the point of intersection, or center            accessory building is situated on that lot.
of the arc of the curve, and a line connecting            Such covenant shall further provide that the
the ends of these lines. (Ord. 571, 1990: Ord. 527,       City may enforce the covenant on behalf of
1989; Ord. 788, 2000; Ord 798, 2001)                      the public.
                                                              b. Design approval pursuant to Chapter
18.22.045        View preservation.                       18.34 of this code shall be required prior to
    Applications for permits for the                      the construction or substantial modification
construction of buildings and structures shall            of any accessory building having a gross
consider the impacts on the main vistas of                floor area greater than twelve hundred
adjacent properties in determining the height             square feet.
of the buildings and structures, the pitch of                 c. For the purposes of establishing lot
the roof, and the location of the buildings               area, submerged lands and all but twenty-
and structures on the lot(s). (527 (part), Added,         five per cent of sensitive areas do not qualify
01/25/1989)                                               in making the calculation of lot area.
                                                              d. No more than two accessory
18.22.050       Accessory buildings.                      buildings, which have gross floor areas
    A. No accessory building shall be                     greater than twelve hundred square feet,
located in any street setback or side yard                may be constructed upon any lot, and both
area. Accessory structures can be located in              of said buildings shall be located within the
the rear yard setback provided that they are              five-acre area provided for in Section
located no closer than five feet from the                 18.22.050 (B) (2) (a).
property line.                                                e. An accessory building having a gross
                                                          floor area greater than twelve hundred
                                                          square feet shall be subject to administrative


                                                  18.22 - 2                                    08/2006
review and approval pursuant to Section                    Building Official and/or the Planning
18.36.020 (B) of this code. (Ord. 620, 1992;               Official is required and will make
Ord. 617, 1992; Ord. 527, 1989; Ord. 733, 1997)(Ord.       arrangements with the applicant for that
834, 2003)                                                 inspection.
                                                                3. The Building Official will determine
18.22.055        Water conservation.                       if the proposed application requires building
All new construction shall have toilets,                   permits for alterations, additions or changes
which flush no more than one and one-half                  in use of the residence or accessory
gallons per flush, low-flow shower heads                   structure. All home occupations require the
(no more than two gallons per minute), and                 approval of the Building Official.
no more than three gallons per minute flow                      4. If no inspection or additional permits
on faucets. Connection to the city water                   are required and the application is otherwise
system shall not be approved until proof of                complete the Planning Official will classify
compliance with these requirements is                      the home occupation as Type I and issue a
furnished to the city. (Ord.527,1989)                      home-occupation permit.
                                                                5. If an inspection is required, the
18.22.060          Home occupations.                       Planning Official will determine the type
A. Intent                                                  based on the application and inspection, and
     1. Home occupations are accepted and                  follow the process appropriate to that type
encouraged as a welcome addition to the                    described later in this chapter.
local economy of Langley provided that:                    D. Appeals
     a. The home occupation's impact on the                     1. A resident of a neighborhood who
residential character of its neighborhood is               feels that a neighbor’s home occupation is
kept within limits stated in the following                 affecting them inappropriately can bring
code; and                                                  their concerns to the Planning Official of the
     b. The home occupation complies with                  City for resolution according to this code
the city's building, zoning, and other codes.              and the procedures in Chapter 18.36.
     2.      This intent shall govern the                       2. Residents with home occupations not
interpretation of this code.                               satisfied with the classification or resolution
B. Structure of the home occupation code                   determined by the Planning Official may
     1. Classification of home occupations                 appeal according to the procedures in
falls into three ordered types: Type I, low                Chapter 18.36.
impact,        totally     residence-contained             E. General provisions
occupations; Type II, some impact due                           1. All home occupations shall be
primarily to customer/client visitation; and               conducted entirely within the principal
Type III, conditional use permit required.                 residence and/or accessory buildings on the
     2. The three types represent increasing               subject parcel;
levels of impact on the neighborhood.                           2. The residential portion shall be
Occupations which do not clearly fall into a               occupied by the owner(s), operator(s) and/or
lower level of classification will use the                 employee(s) of the home occupation(s).
rules of the next higher level.                                 3. A maximum of 49% of the habitable
C. Application process                                     floor area of the principal residence, as
     1. Every owner and/or operator of a                   defined in 18.01.040, shall be used primarily
home       occupation     that    meets    the             for the home occupation(s);
requirements for a business license (Chapter                    4. Home occupation(s) may be located
5.04) must complete a home-occupation                      in an accessory building provided that the
application and return that application and                total square footage used primarily for the
its fee to the Planning Official.                          home occupation(s) in all buildings on the
     2. The Planning Official will inform the              subject parcel not exceed a maximum of
applicant within 14 days if the application is             49% of the habitable floor area of the
complete and if an inspection by the                       principal residence;


                                                   18.22 - 3                                    08/2006
    5. The home occupation activity shall                 3. There is no signage for the home
not generate noise, vibration, smoke, dust,          occupation.
odor,     heat,    glare,   light,  electrical            4. There is no limit to the number of
interference, or externally visible signs of         Type I home occupations per residence
activity that exceed levels customarily              provided that all, when considered as a total,
associated with residential use;                     meet the general provisions listed in section
    6. There shall be no outside storage of          E and in this section;
materials;                                                5. The average number of deliveries and
    7. Retail sales, unless conducted by             collections to and from the home occupation
mail order or through the Internet, shall be         address per week will not exceed three (3);
limited to items produced on site and shall               6. May be inspected by the Building
be occasional and incidental to home                 Official prior to the commencement of
occupation use;                                      business activities at the discretion of the
    8. One non-illuminated sign, not to              Building Official and/or the Planning
exceed two square feet is allowed for Types          Official.
II and III, provided it is made of natural           G.       Type II provisions:          Type II
materials, is attached flush to the principal        occupations are those which have some
or accessory building in which the home              impact on the neighborhood, primarily in the
occupation is located, and satisfies the             form of traffic increases. The following
provisions of Chapter 18.35;                         provisions shall apply to all Type II home
    9. Some businesses have both a home              occupations in all zone districts:
component and an off-site component. That                   1. Businesses conducted one-on-one
portion of the business that occurs in the           with clients or customers and generating
home must meet the home occupation                   traffic of not more than one client per hour.
guidelines;                                          One off-street parking space for visitors and
    10. The interior design and structure of         customers must be available during hours of
the principal residential building shall be          operation;
such that the whole building could easily be              2. Customer / client contact shall be
converted to purely residential use if the           limited to the hours between eight a.m. and
home occupation were to cease at that                nine p.m.;
location;                                                 3. No more than one worker who is not
    11. The exterior appearance of the               resident at the home occupation location
principal residential building and accessory         shall work at any given time at the home
structures shall be residential in character         occupation;
and consistent with the surrounding                       4. Deliveries and collections to and from
neighborhood;                                        the home occupation address shall be limited
    12. All home occupations require a City          to two per day. Average daily vehicle trips
of Langley business license (Chapter 5.04);          (ADT) generated by the home occupation
    13.     "Workers" include employees,             address shall be limited to sixteen;
contract workers, volunteers, and anyone                  5. Must be inspected by the Building
who is more than incidentally involved in            Official prior to commencement of business
the business activity at the home occupation         activities.
location.                                            H. Type III home occupations: Home
F. Type I provisions: The following                  occupations that are not classifiable as Type
provisions shall apply to all Type I home            I or Type II shall fall under Type III. For
occupations in all zone districts:                   example, any home occupation with any of
    1. No non-resident workers are                   the following characteristics will be
permitted;                                           classified as Type III:
    2. Regular customer / client meetings                  a. More than one nonresident worker
are not part of the home occupation;                 works at any given time at the home
                                                     occupation location.        The number of


                                             18.22 - 4                                   08/2006
workers a Type III home occupation may                   4. Group care facilities;
have is not limited except as may be                     5. Medical, dental, and veterinary
necessary to meet building code occupancy                   offices;
requirements;                                            6. Rental of space for storage;
     b. Generates more traffic than a type II            7. Restaurants;
home occupation;                                         8. Fire arm sales and services;
     c. Include frequent instructional classes           9. Motorized tool and appliance repair;
with between five and ten participants.              (Ord. 527,1989; Ord 696, 1995; Ord. 699, 1995; Ord.
 Type III occupations require conditional use        771, 1999)(Ord. 875, 2006)
permit approval and administrative review
                                                     18.22.65     Residential-zone Offices
by the Planning Official after six (6) months
                                                      A. To foster creative use of land
of operation and annually thereafter to
                                                     and promote diversity of productive activity
ensure compliance with the CUP conditions.
                                                     within the city, buildings designed for up to
The following provisions apply to Type III
                                                     100% commercial use may be allowed in
home occupations:
                                                     proposed residential subdivisions that will
      1. Up to two off-street parking spaces
                                                     exceed     25     (twenty-five) lots.    Such
may be required in addition to those needed
                                                     commercial structures must meet the
for residence. A parking plan shall be
                                                     following requirements: The number of
approved as part of the conditional use
                                                     these commercial buildings shall not exceed
permit and routine on-street parking may be
                                                     15% of the buildings in any new
disallowed;
                                                     development;
     2. Deliveries and collections to and from
                                                          1. The lots on which these commercial
the home occupation address shall be limited
                                                             buildings will be placed must be
to two per day; Average daily vehicle trips
                                                             identified as part of the subdivision
(ADT) generated by the home occupation
                                                             proposal;
address shall be limited to twenty;
                                                          2. The buildings must be building-code
     3. Must be inspected by the Building
                                                             compliant for their intended
Official prior to commencement of business
                                                             commercial use;
activities;
                                                          3. The design, structure, and placement
     4. Type III home occupations may
                                                             of the building shall be such that the
require review by the City’s design review
                                                             whole building could be converted
board to insure that the residential character
                                                             to purely residential use;
of buildings and of the neighborhood is
                                                          4. The same set-back, height, lot-
maintained;
                                                             coverage, floor area, and other
     5. Permits granted under the conditional
                                                             design requirements which apply to
use process are not transferable to another
                                                             residential building in this zone
individual or to another location;
                                                             shall also apply to these commercial
I. Businesses not permitted: Not all
                                                             structures;
businesses are permitted as home
                                                          5. The exterior appearance of the
occupations. The following businesses are
                                                             building must be consistent with the
examples of those not accepted as legitimate
                                                             surrounding neighborhood.
home occupations in residential zones under
                                                      B. The commercial use of all or part of such
this section of the code:
                                                     a building requires conditional use permit
     1. Automobile or heavy equipment
                                                     approval and administrative review by the
repair services;
                                                     Planning Official after six (6) months of
     2. Businesses that require more than
                                                     operation and annually thereafter to ensure
         one service vehicle such as trucks,
                                                     compliance with the CUP conditions. The
         backhoes, cranes, bull dozers, and
                                                     commercial use must meet the following
         so forth;
                                                     requirements:
     3. Short- and long-term lodging
         facilities;


                                             18.22 - 5                                       08/2006
    1. The building must be inspected by            and the operation of the bed and breakfast
       the Building Official prior to               room shall comply with all applicable rules,
       commencement          of      business       regulations, ordinances, statutes and orders
       activities;                                  of the federal, state and municipal
    2. The commercial use shall not                 governments, or other duly constituted
       generate noise, vibration, smoke,            public     authority,      including,      without
       dust, odor, heat, glare, light,              limitation, local and state health and fire
       electrical interference, or externally       regulations, local business license, and
       visible signs of activity that exceed        building code requirements; and
       levels customarily associated with                F. No other business, service or
       residential use;                             commercial activity is conducted or
    3. There shall be no outside storage of         provided on the premises, except in one of
       materials;                                   the business-commercial zones.
    4. Retail sales, unless conducted by                 G. Bed and breakfast room(s) in the
       mail order or through the Internet,          building of principal use are subject to
       shall be limited to items produced           administrative review by the city planning
       on site and shall be occasional and          official. Notice shall be given to the owners
       incidental to the commercial use;            of the property adjacent to the property that
    5. Up to two off-street parking spaces          is the subject of the application. The
       may be required. A parking plan              notification shall be given in a manner
       shall be approved as part of the             designed to give the property owners notice
       conditional use permit;                      of the application and sufficient time to
    6. Deliveries and collections to and            comment on the application. The city
       from the business shall be limited to        planning official's review shall include but
       two per day. Average daily vehicle           not be limited to:
       trips (ADT) generated by the                      1. A determination that city regulations
       business shall be limited to twenty;         applicable to bed and breakfast rooms have
    7. Permits      granted     under     the       been satisfied;
       conditional use process are not                   2. A determination that the bed and
       transferable to another business or          breakfast proposal contained in the
       to another location.                         application is compatible with the permitted
(Ord. 875, 2006)                                    uses in the residential zone.
                                                         The city planning official may attach
18.22.070        Bed and breakfast rooms.           such conditions to his/her recommendation
    The following provisions apply to bed           that are reasonable required to insure that
and breakfast rooms:                                the use of the rooms as bed and breakfast
    A. Not more than two rooms on the               rooms will not be significantly detrimental
premises are utilized for bed and breakfast         to the public health, safety and welfare, will
rooms; and                                          not diminish the value of nearby property, or
    B. Parking spaces for all guest vehicles        will not disturb persons in the use of their
shall be provided on the premises except in         property. (Ord. 583, 1990; Ord. 527, 1989)
the central business zone pursuant to Section
18.22.100(D);                                       18.22.080       Bed and breakfast inns.
    C. Only one business sign, having an                The following conditions apply to bed
area not more than four square feet, shall be       and breakfast inns:
located on the premises (except in the                  A. A full-time manager shall be
commercial zones);                                  domiciled on the premises (except in the
    D. No bed and breakfast room shall be           business-commercial zones); and
rented to more than two persons;                        B. Parking spaces for all guest vehicles
    E. The construction of the building in          shall be provided on the premises, except in
which the bed and breakfast room is situated


                                            18.22 - 6                                       08/2006
the central business zone pursuant to Section         conform to the occupancy requirements of
18.22.100(D) of this code;                            Chapter 8 of the Uniform Building Code as
     C. Only one business sign, having an             adopted by the city whenever more than six
area not more than eight square feet shall be         children are cared for at one time.
located on the premises;                                   1. Outdoor play areas shall be
     D. The bed and breakfast inn shall be            provided with a minimum of seventy-five
compatible with the character of the                  square feet in area for each child using the
surrounding residential area (if applicable);         area at one time, and shall be screened to
     E. The construction and operation of             minimize visual and noise impacts and
the bed and breakfast inn shall comply with           prevent trespassing on adjacent residentially
all applicable rules, regulations, ordinances,        classified properties;
statutes and orders of the federal, state and              2. Play equipment shall not be located
municipal governments, or other duly                  closer than twenty feet to any property lines;
constituted public authority including,                    3. The hours of operation may be
without limitation, local and state health and        restricted to assure compatibility with
fire regulations, local business license and          surrounding development;
building code requirements; and                            4. A minimum of two off-street
     F. No other business, service or                 parking spaces shall be required which shall
commercial activity is conducted or                   not be located in the required yards.
provided on the premises (not applicable in                B. When more than twelve children are
business-commercial zones).           Accessory       to be cared for in any twenty-four-hour
dwelling units are excluded from being                period, the facility shall be subject to the
located on the same property with a bed and           following provisions:
breakfast inn. (Ord. 527, 1989; Ord 798, 2001)             1. A minimum site area of seven
                                                      thousand two hundred square feet is required
18.22.085        Tourist Accommodations -             for thirteen children, and an additional four
                 Commercial                           hundred square feet of site area is required
    The following conditions apply to such            for each additional child to be cared for;
accommodations:                                            2. The facility shall conform to the
    A. Compliance with City business                  occupancy requirements of Chapter 8 of the
license regulations.                                  Uniform Building Code as adopted by the
    B. Limited to a single sign of not more           city;
than eight square feet and on-premises.                    3. Direct access to a designated and
    C. Parking - Same requirement as for              developed arterial street shall be required;
Multiple Residential as set forth in Chapter               4. A minimum of one off-street
18.22.130D2.                                          parking space for each ten children cared
    D. Signed certification that the                  for, plus one for each employee on duty
residence shall be maintained in a habitable          shall be required, provided no parking shall
condition and be subject to inspection by the         be located within required yards;
City Building Official.                                    5. Buildings,        structures       and
    E. Cannot be both a B&B and Single                landscaping shall be of a character, which is
Family Tourist Accommodation.                         appropriate for the area;
    F. Subject to administrative review.                   6. Outdoor play areas shall be
(Ord. 733, 1997)                                      provided with a minimum of seventy-five
                                                      square feet in area for each child using the
18.22.090      Day care centers.                      area at one time, and shall be screened to
    The following conditions apply to day             minimize visual and noise impacts and
care centers:                                         prevent trespassing on adjacent residentially
    A. A maximum of twelve children are               classified properties;
cared for in any twenty-four-hour period,                  7. Play equipment shall not be located
provided further that the facility shall              closer than twenty feet to any property lines;


                                              18.22 - 7                                   08/2006
     8. The hours of operation may be                      1. Parking as required by this title shall
restricted to assure compatibility with                be provided when:
surrounding development;                                   a. A new principal building is
     9. One sign not to exceed four square             constructed;
feet in area is permitted.                                 b. A principal building is relocated;
     C. Loading/unloading area shall be                    c. The use or building is changed from
provided on site to accommodate the safe               one category to another within or among
pickup and delivery of children at the center.         18.22.130(D) or (E); provided that this
One loading/unloading space shall be                   provision is only applicable if the parking
provided for each twelve children. (Ord. 527,          requirement for the proposed use is greater
1989)                                                  than the parking requirement for the prior
                                                       use; the use(s) are expanded; or new uses are
18.22.100        Outside storage.                      added.
    A. No outside storage, including                       d. A building is expanded.
garbage cans, firewood, construction                       2. The circumstances under which
materials, fuel or other tanks or any other            parking is required as set forth in subsection
materials not permanently affixed to the               1 above apply as follows;
ground or buildings, is permitted in any                   a. To new developments or uses and
street setback area.                                   not to those that have occurred prior to the
    B. All outside storage shall be enclosed           adoption of this code section;
by a sight obscuring screen at least seventy-              b. Only one time to the same square
eight inches high measured from the nearest            footage unless there is a change in use that
street grade elevation. Fences required                has a greater parking requirement. In this
herein shall be landscaped at the base for a           case, the parking requirements only apply to
minimum of eighteen inches horizontally                the difference between the two uses.
from any portion of the fence. Fences and                  B. Methods of Meeting Parking
hedges required for screening may exceed               Requirements. Methods of meeting parking
the limitations of other fences and hedges,            requirements shall be as follows:
but shall not exceed ninety-six inches in                  1. Off-street;
height, however, at street intersections,                  2. Fee in lieu.
fences and hedges shall not obscure line of                C. Maintenance of Space. All required
vision of intersecting traffic. (Ord. 527, 1989)       parking spaces shall remain open and
                                                       accessible for parking during the hours the
18.22.110        Vehicle parking.                      use is open to the public or residents.
    A. All property owner passenger                        D. Residential Requirements.
vehicles including pickup trucks shall be                  1. Single-family dwellings shall have
parked in a designated driveway, parking               two spaces per dwelling unit;
space, carport or garage.                                  2. Multiple Residential.
    B. No recreation vehicle, boat, trailer,               a. Duplexes and townhouses shall have
inoperable or seldom-used vehicles shall be            two spaces per dwelling unit,
parked or stored in any street setback area.               b. One bedroom dwelling units shall
(Ord. 527, 1989)                                       have one and one-half spaces per dwelling
                                                       unit,
18.22.120         Barrier-free access.                     c. Two or more bedroom dwelling
All development shall comply with the                  units shall have two spaces per dwelling
Washington State Rules and Regulations for             unit;
Barrier-Free Design, WAC Chapter 51-10                     3. Boardinghouses shall have one
(5-8-85). (Ord. 527, 1989)                             space per bed;
                                                           4. Retirement, nursing and related
18.22.130     Off-street parking.                      housing, see Chapter 18.22.210 of this code
    A. Applicability.                                  for parking requirements.


                                               18.22 - 8                                   08/2006
     E. Commercial Uses.                             of building or storage area plus one space
     1. Retail stores except as specified            per employee on the largest shift;
below, convenience stores, department                     15. Mortuaries and funeral homes shall
stores, drug stores, grocery stores shall have       have one space per six fixed seats or one
one space per six hundred square feet of             space per sixty square feet of assembly area,
floor space;                                         whichever is greater,
     2. Furniture, appliance and hardware                 16. Self-storage warehouses shall have
stores shall have one space per six hundred          one space for each ten storage units.
square feet of floor space;                               F. Community Facilities.
     3. Personal service facilities shall have            1. Theaters: one space per ten seats;
one space per six hundred square feet of                  2. Indoor places of public assembly,
floor space;                                         including churches, auditoriums: one space
     4. Health care, veterinarian clinics and        per six seats or one space per sixty feet of
banks shall have one space per four hundred          assembly area, whichever is greater
square feet of floor space;                               3. Schools: one space per employee,
     5. Offices shall have one space per six         plus one space for every eight seats in a
hundred square feet of floor space;                  main auditorium or similar assembly area;
     6. Bowling alleys shall have two                for high schools, additionally, one for each
spaces per lane;                                     five students;
     7. Commercial recreation facilities                  4. Museums and libraries: one space
shall have one space per six hundred square          per four hundred square feet;
feet of floor space;                                      5. Day care centers: one space for each
     8. Car repair, commercial garage shall          ten children or one space for each staff
have one space per four hundred square feet          person, whichever is greater; one space for
of floor space;                                      passenger loading/unloading for every
     9. Service stations and automobile              twenty children;
sales shall have one space per eight hundred              6. Hospitals: one space for each two
square feet of lot area;                             beds, plus one space per two full-time staff
     10. Restaurants, Taverns, and Cocktail          and one for each vehicle operated in
Lounges.                                             conjunction with the facility;
     a. If less than four thousand square                 7. Maintenance yard, municipal or
feet in floor area: one space per four               utility: one space per two employees.
hundred square feet of floor area,                        G. Uses Not Specified. Any use not
     b. If over four thousand square feet in         listed above shall meet the requirements of
floor area: ten plus one space per two               the most similar use as determined by the
hundred square feet in excess of four                planning advisory board.
thousand square feet;                                     H. Handicapped Spaces. All retail
     11. Outdoor nurseries shall have one            commercial, offices, personal service, health
space per one thousand square feet of                care, community facilities, multifamily
outdoor retail area,                                 buildings with dwelling units for rent and
     12. Motels, hotels and bed and breakfast        other places of public accommodation which
rooms/inns shall have one space per room or          are subject to these parking regulations shall
unit;                                                provide a minimum of one handicapped
     13. Building materials yards shall have         space and one additional handicapped space
one space per one thousand square feet of            for every fifty spaces required.
storage area and one space per three                      I. Combination of Uses. On lots or in
employees;                                           buildings with combined uses, the required
     14. Manufacturing and laboratories,             number of parking spaces shall be the sum
contract printing, research, kennels, shall          of the spaces required for each use reduced
have one space per one thousand square feet          by ten percent. Examples of combined uses
                                                     are: a furniture store with a retail display


                                             18.22 - 9                                   08/2006
area and an attached storage warehouse, a            be provided or payment of a Fee in Lieu fee
storage warehouse with attached office, a            shall be made in the amount resulting from
church with a parochial school, and so forth.        multiplying the fraction (to two decimal
    J. Mixed Hours of Use. If more than              points), times the Fee in Lieu fee.
one use is made of a structure, the total                 N. Downtown Business Area Parking
requirements for off-street parking shall be         Requirements.
the sum of the various uses' requirements;                1. In-lieu Fee.
provided, however, if the hours of use do not             a. An option for meeting parking
overlap, the requirements for the structure          requirements in the downtown business area
shall be that of the use or combination of           is a fee in-lieu. The planning advisory board
uses which overlap, requiring the greater            shall approve the method of meeting the
amount of parking.                                   parking requirements after review of an
    K. Joint Facilities. In cases where there        applicant's proposal and considering the
are uses in close proximity to each other that       characteristics of the use and the
operate or are used at entirely different times      development site. The amount of the fee
of the day or week, joint parking facilities         shall be established annually by the city
may satisfy the parking requirements of              council with the advice of the city's public
such uses if the parking facilities are within       works director based on the current prices for
three hundred feet of all uses being served          purchase of land and construction of off-
and if the owners of the uses involved               street parking spaces or a rental fee for each
present a written, recorded (with county             required space. The fee shall be paid before
auditor) agreement, clearly setting forth the        a building permit or occupancy permit is
respective rights to such facilities so long as      issued, whichever is earlier.
the parking space is required under this title,           b. The fee in-lieu of providing parking
together with proof that the operating times         is set by Resolution of the Council per the
are not in conflict. This agreement shall run        Municipal Code Fee Schedule.
with the property as long as the uses remain              2. Commercial Parking Fund. The in-
the same.                                            lieu fees shall be deposited in the
    L. Off-street Parking, Leased or                 commercial parking fund and shall be used
Purchased. Leased parking spaces or land             to pay for the costs of acquiring land for
purchased for parking spaces may satisfy the         and/or parking improvements to off-street or
parking requirements of this code if the             on-street parking areas and/or other
leased or purchased spaces are within three          programs that will lessen the demand for
hundred feet of the uses being served and if         additional parking downtown.
the owner(s) of the uses involved present a               3. Downtown Business Area Defined.
written agreement recorded with the county           The downtown business area consists of all
auditor clearly setting forth the respective         land zoned "CB" and generally located in
rights to such parking spaces as long as the         the area east of the mid-block between
parking space is required under this title.          Anthes and Park, north of 3rd Street, west of
The agreement shall run with the land as             Wharf Street and south of Saratoga Passage.
long as the uses remain the same.                         0. Improvement of Parking Spaces.
    M. Calculations.                                 Any parking facility in the downtown
    1. Area, Square Feet. Unless otherwise           business area and commercial development
specified, square feet refers to the gross           in areas zoned Neighborhood-Business shall
building square footage, less the floor area         be developed in accordance with the
dedicated to stairways and restrooms. In the         following requirements:
case of outdoor areas, square feet refers to              1. Off-street parking facilities shall be
the gross outdoor eating area.                       surfaced with a concrete, asphalt concrete,
    2. Fractions. When the total number of           or similar surface approved by the city and
required spaces results in a fractional              shall include a drainage system to dispose of
number of parking spaces, a full space shall         surface water to the satisfaction of the city


                                             18.22 - 10                                  08/2006
engineer, shall be maintained in a condition                         F. Landscaping. All parking facilities
free of weeds, dust, trash, and debris, and                     shall be landscaped by a fence, hedge or
shall be landscaped;                                            other suitable vegetation where bordering a
    2. The location and layout of all                           public right-of-way or residential zone
entrances and exits shall be subject to the                     district. Additional landscaping may be
approval of the city engineer and city                          required.
services director;                                                   G. Maintenance. All parking facilities
3. If the parking area is located adjacent to                   shall be maintained in a clean and litter free
residentially zoned property, illumination                      condition. Landscaped areas shall be free of
shall be so arranged as to deflect light away                   weeds and dead plant material. Plantings
from adjoining residential premises. (Ord. 648,                 shall be thrifty and pruned if appropriate.
1993; Ord. 640, 1993; Ord. 629, 1992; Ord. 579, 1990; Ord.           H. Commercial         Vehicles.        No
563, 1990, Ord. 657, 1993; Ord. 696, 1995, Ord. 733, 1997;      commercial vehicle or combination of
Ord. 740, 1997; Ord. 771, 1999; Ord. 788, 2000)
                                                                vehicle and trailer over ten thousand pounds
18.22.140         Design and construction                       total gross weight shall be parked on any lot
                  requirements— Parking.                        in a residential zone.
     A. Location. Parking spaces required                            I. Design Review. Parking facilities in
for residential uses in the residential and                     the commercial zones are subject to design
commercial zones shall be provided on the                       review per Chapter 18.34.
same lot as the principal building or an                        (Ord. 527, 1989; Ord. 696, 1995; Ord. 788, 2000)
abutting lot if this lot is owned by the same
                                                                18.22.150        In-Home Family Day Care
owner, provided that provision is made for
                                                                     The following conditions apply to in-
meeting the parking requirements on the lot
                                                                home family day care facilities:
with the principal residential structure. Front
                                                                     A. Comply with all city building, fire,
driveways shall extend a minimum of
                                                                safety, and health codes and all business
twenty-four feet from the edge of
                                                                licensing requirements.
improvements in the right-of-way. Off-site
                                                                     B. Conform to lot size, building size,
parking for nonresidential uses shall be
                                                                setbacks and lot coverage standards
within three hundred feet of the principal
                                                                applicable to the zone district.
building or use being served.
                                                                     C. Be certified by the State Department
     B. Handicapped           Spaces.        All
                                                                of Licensing as providing a safe passenger
handicapped parking spaces shall be
                                                                loading/unloading area.
provided and designed in accordance with
                                                                     D. Signage shall conform to the city
WAC Chapter 5 1-10.
                                                                sign regulations.
     C. Dimensional Requirements. All
                                                                     E. The hours of operation are subject to
parking spaces shall comply with the
                                                                the determination of the Planning Advisory
dimensional standards of Figure 18-1 on file
                                                                Board to ensure neighborhood compatibility,
in the office of the city clerk/treasurer. Up to
                                                                while also providing appropriate opportunity
fifty percent of all required spaces may be
                                                                for persons who use family day care and
designated and clearly marked for compact
                                                                who work a non-standard work shift.
cars.
                                                                     F. Provide a written statement that the
     D. Access. All parking facilities, except
                                                                immediately adjoining property owners have
residential, shall have direct access to a
                                                                been informed of the intent to locate and
street without backing onto the right-of-way.
                                                                maintain an in-home family day care facility
     E. Control Devices. A wheel stop shall
                                                                at the applicant's locale. This statement is to
be provided for each space which abuts a
                                                                be submitted to the state licensing agency
pedestrian walkway less than ten feet wide
                                                                and the City before state licensing is
or any structure. All structures shall be
                                                                approved. (Ord. 687, 1994)
guarded with suitable control devices visible
to the driver.
                                                                18.22.155          Accessory Dwelling Units


                                                        18.22 - 11                                         08/2006
     The Following provisions apply to             In addition to the application submittal
accessory dwelling units:                          requirements specified in other chapters and
     A. Permitted as a second dwelling             codes, applicants for essential public
added to, created within, or detached from         facilities shall address each of the review
the principal residence;                           criteria of this chapter in their application
     B. Not less than 300 nor more than 800        materials and provide additional information
square feet in size;                               as required to complete review of the
     C. May be established in either an            project.
existing or new residence;                              B. Review Criteria.
     D. Limit of one ADU per legally                    1. In reviewing an application for a
established lot;                                   proposed essential public facility, the
     E. Must be served by City water and           following shall be considered:
sewage services;                                        a.      Interjurisdictional analysis. A
     F. The total lot coverage requirement         review to determine the extent to which an
of the applicable zone may be exceeded by          interjurisdictional     approach     may      be
up to 15% if necessary to accommodate an           appropriate, including consideration of
ADU;                                               possible alternative sites for the facility in
     G. One off-street parking space is            other jurisdictions and an analysis of the
required in addition to the spaces required        extent to which the proposed facility is of a
for the principal or other approved uses on        county-wide or state-wide nature, and
the property;                                      whether uniformity among jurisdictions
     H. If the ADU is included within or           should be considered.
attached to the principal residence, only one           b. Financial analysis. A review to
entrance is allowed on the front of the            determine if the financial impact upon the
principal residence unless more than one           City can be reduced or avoided by
entrance on a front or street side existed as      intergovernmental agreement.
of March 1, 1995; additional entrances shall            c. Special Purpose Districts. When the
be on the sides or rear of the residence;          public facility is being proposed by special
     I. An ADU and a home occupation are           purpose district, the City should consider the
allowed on the same lot when the home              facility in the context of the district's overall
occupation is of a type that does not:             Plan and the extent to which the plan and
generate significant additional traffic,           facility are consistent with the City
conduct retail sales, or employ persons who        comprehensive plan.
do not reside in the principal building;                d. Measures to facilitate siting. The
     J. Subject to administrative zoning           factors that make a particular facility
compliance review and building permitting          difficult to site should be considered when a
(if applicable) and the owner recording a          facility is proposed, and measures should be
covenant with Island County acknowledging          taken to facilitate siting of the facility in
that he/she/they have read and understand          light those factors (such as availability of
the provisions of this code section. In the        land, access to transportation, compatibility
case where a home occupation is already            with neighboring uses. and the impact on the
established on the property and such home          physical environment.
occupation is characterized by the                      2. If attaching conditions to the permit
conditions set forth in Section 18.22.060 of       approval will facilitate project siting in light
this Code, a conditional use permit shall be       of the considerations identified above,
required to establish an ADU on the same           conditions may be established for that
property. (Ord. 696, 1995)                         purpose. (Ord. 699, 1995)

18.22.160     Essential Public Facilities          18.22.165       Adult Family Home.
    A. Application submittal requirements.             The following requirements apply to
                                                   adult family home facilities:


                                           18.22 - 12                                     08/2006
    A. An adult family home provider is a
person who is licensed by the State of                 18.22.180         Cottage Housing
Washington to operate an Adult Family                       The following regulations apply to
Home. The provider shall reside at the adult           cottage housing developments (CHDs):
family home unless an exception is                          A. Density and minimum lot area.
authorized by the State Department of Social                1. In CHDs the permitted density shall
and Health Services (DSHS) for good cause.             be one (1) dwelling unit per two thousand
A provider shall not be licensed for more              nine hundred and four (2,904) square feet of
than one Adult Family Home unless an                   lot area (fifteen units per acre).
exception is authorized by the DSHS for                     2. The minimum lot area for a CHD
good cause.                                            shall be eleven thousand six hundred and
    B. For the purposes of this section, an            sixteen (11,616) square feet.
adult is a person eighteen years of age or                  3. On a lot to be used for a CHD, an
older.                                                 existing detached single-family residential
    C. Each Adult Family Home shall meet               or duplex structure, which may be
all applicable local licensing, zoning,                nonconforming with respect to the standards
building and housing codes and State and               of this section, shall be permitted to remain,
local fire safety regulations. It is the               but the extent of the nonconformity may not
responsibility of the provider to meet local           be increased.
codes. (Ord. 703, 1995)                                     B. Height limit and roof pitch.
                                                            1. The height limit permitted for
18.22.170        Comprehensive                         structures in CHDs shall be eighteen (18)
Plan/Concurrency and               Consistency         feet.
Required.                                                   2. The ridge of pitched roofs with a
     All new developments within the city              minimum slope of six to twelve may extend
must be consistent with the provisions of the          up to 25 feet. All parts of the roof above
comprehensive plan, including but not                  eighteen feet shall be pitched.
limited to the following:                                   C. Lot coverage and floor area.
     A. All developments within the city                    1. The maximum lot coverage
shall be consistent with the land use map as           permitted for principal and accessory
adopted in the land use element of the                 structures in CHD shall not exceed forty
comprehensive plan.                                    percent (40%).
     B. All developments within the City                    2. The maximum first floor or main
shall be consistent with the applicable goals          floor area for an individual principal
and policies of the comprehensive plan.                structure in a CHD shall be as follows:
     C. Developments shall not cause a                      a. For at least fifty (50) percent of the
reduction in the level of service for                  units, floor area shall not exceed six hundred
transportation and/or neighborhood park                and fifty (650) square feet;
facilities below the minimum standards                      b. For no more than fifty (50) percent
established within the capital facilities plan,        of the units, the floor area may be up to
unless improvements or strategies to                   eight hundred 9800) square feet.
accommodate        the    impacts       of    the           3. The total floor area of each cottage
development are made concurrent with the               shall not exceed either 1.5 times the area of
development.                                           the main level or mine hundred seventy-five
     For the purpose of this section,                  (975) square feet, whichever is less.
"concurrent with the development" is                        D. Yards.
defined as the required improvements or                     1. Front Yards. The front yard shall be
strategies are in place at the time of                 an average of ten (10) feet and at no point
occupancy, or that a financial commitment              shall be less than five (5) feet.
is in place to complete the improvements or                 2. Rear yards. The minimum rear yard
strategies within six (6) years. (Ord. 703, 1995)      shall be ten (10) feet.


                                               18.22 - 13                                  08/2006
     3. Side yards. The minimum required              the necessity of constructing an apparatus to
side yard shall be five (5) feet.                     extend the antenna array more than fifteen
     E. Required Open Space.                          (15) feet above the highest point of the
     1. A minimum of four hundred (400)               structure.
square feet per unit of common open space                  B. The following limits apply to the
is required.                                          number of arrays on a structure:
     2. At least 50% of the cottage unit                   1. All residential zones: one.
shall abut the common open space, all of the               2. Commercial zones: three
cottage units shall be within 60 feet walking              3. Public use zone: three
distance of the common open space, and the                 C. Installation on City property is
common open space shall have cottages                 subject to execution of the necessary
abutting at least two sides.                          agreement(s) with the City.
     F. Parking.                                           D. Landscaping and screening –
     1. One and one quarter (1.25) spaces             equipment shelter and cabinets and other on-
per dwelling unit shall be required.                  the-ground ancillary equipment shall be
     2. Location.                                     screened by the use of shrubs that achieve
     a. Parking shall be on the CHD                   sufficient height and fullness upon maturity
property.                                             to screen such facilities.
     b. Parking may be in or under a                       E. Color and lighting – the antenna
structure or outside a structure, provided            array shall be placed and colored to blend
that:                                                 into the architectural detail and coloring of
     1. The parking is screened from direct           the host structure.
street view by one or more street facades, by              F. Setback      requirements       –     all
garage doors, or by a fence and landscaping.          equipment shelters, cabinets or other in-the-
     2. Parking between structures is only            ground ancillary equipment shall meet the
allowed when it is located toward the rear of         setback requirements of the zone in which
the principal structure and is served by an           the equipment is located.
alley or private driveway.                                 G. Electromagnetic              field/radio
     3. Parking may not be located in the             frequency radiation standards shall conform
front yard.                                           to such standards as are required by the
     4. Parking may be located between any            Federal Communication Commission's
structure and the rear lot line of the lot or         regulations.
between any structure and a side lot line,                 H. Co-location of facilities – it is the
which is not a street side lot line.                  policy of the City to encourage the co-
     G. Design Review.                                location of antenna arrays of more than one
     Cottage housing developments are                 wireless communication service provider on
subject to design review per the                      a single support structure.
requirements set forth in Chapter 18.34 of                 I. Discontinuance of use – any
this code. (Ord. 699, 1995; Ord. 733, 1997; Ord.      wireless communication facility that is no
771, 1999; Ord. 788, 2000)                            longer needed and its use is discontinued
                                                      shall be reported immediately by the service
18.22.190        Wireless Communications              provider to the City. Discontinued facilities
                 Facilities                           shall be completely removed within six
    The following provisions apply to                 months and the site restored to the pre-
wireless communications facilities:                   existing condition. (Ord. 754, 1997)
    A. Wireless Communication Antenna
Arrays are permitted in any zone as long as           18.22.200        Clustered       residential
they are located upon an existing structure                            development (CRD)
(sign structures are not considered structures            The following provisions apply to
for this purpose) that provides sufficient            clustered residential development:
elevation for the array's operation without


                                              18.22 - 14                                     08/2006
     A. The minimum lot area shall be                process procedures set forth in Chapter
20,000 square feet.                                  18.36.
     B. Density: One hundred and fifty                   K. Served by public sewer.
(150) percent of the base density for the                L. Subject o the city's design review
zone district in which the property is               requirements for overall CRD site, including
located, provided that all development               common buildings, landscaping, lighting,
standards are satisfied.                             etc. Individual residential units are not
     C. Balance of site (other than                  subject to design review.
individual lots) shall be in a common                    M. Maximum lot coverage.
ownership tract(s).                                           1. Total project site - Fifty (5)
     D. Living area (greater than five feet in       percent.
height) on each lot is limited as follows:                    2. Individual lots - Sixty (60)
         1.        Total square footage in the       percent.
principal building - 1400 square feet                    N. CRDs are subject to conditional use
         2.        No more than fifty (50)           permit approval in all single-family
percent of the principal buildings may have          residential zones. (Ord. 771, 1999)
more than 800 square feet on the first or
main level. All other units are limited to
800 square feet on the first or main level.
     E. Lots must abut usable, landscaped
common area of at least fifteen (15) percent         18.22.210         Retirement living
of the total site area.                              facilities,   nursing        or     convalescent
     F. An open porch of at least 96 square          facilities, and congregate care facilities:
feet facing onto the common open space or            the following regulations apply:
public street.                                            A. All buildings and structures shall
     G. Setbacks                                     conform to the setbacks of the underlying
         1. Site perimeter                           zone;
         a. Site perimeter abutting a public              B. The accommodations and numbers
street - Twenty (20) feet, except an                 of persons cared for, and all provisions for
unenclosed porch or deck may extend eight            health and sanitation, conform to state
(8) feet into this setback for up to forty (40)      regulations pertaining thereto;
percent of the average width of a dwelling                C. The amount of off-street parking
adjacent to the public street.                       required;
         b. Remainder of perimeter - The                  i. For         retirement           facilities
setbacks shall be as follows: no more than           (independent living) shall not be less than
fifty (50) percent of the perimeter area - ten       two parking spaces per unit, plus one for
(10) feet and for the balance of the perimeter       each day shift employee.
the setback shall be twenty (20) feet.                    ii. For nursing or convalescent
         2. Internal - five (5) feet, provided       facilities and assisted living facilities, shall
that the perimeter setback still applies if a        not be less than one parking space for each
lot abuts a perimeter lot line.                      day shift employee;
     H. Accessory Dwelling Units - not                    iii For congregate care facilities
permitted.                                           (common living, meals and services) shall
     I. Parking - two (2) spaces per lot;            not be less than one parking space per every
may be on the lot or on common tract which           two rooms, plus one parking space per each
is screened from the street; one-third of lots       day shift employee.
may have parking that backs onto a non-                   D. The minimum lot area per unit shall
collector public street.                             be one-half that established for the zoning
     J. CRDs will be processed through the           classification of the site. (Ord. 778, 2000)
regular plat process or the Binding Site Plan
                                                     18.22.220         Condominium            Binding


                                             18.22 - 15                                      08/2006
Site Plan                                                     intensive-appearing development by
     All condominium projects, regardless of                  preserving significant trees on the
the zone in which they are located, must file                 site. Some portion of the trees should
a binding site plan with the city for review                  be used, if possible, to break the
and approval. The binding site plan shall                     appearance of buildings and parking.
include the following:                                   2.   Screen surface parking. The intent is
     A. All information required on a                         to provide a transition between more
preliminary long plat;                                        intensive-appearing       development
     B. The location of all existing/proposed                 and       detached    single     family
structures;                                                   residential development. Where
     C. A detailed landscape plan indicating                  surface parking lots would be
the location of existing vegetation to be                     adjacent to single family zone
retained, location of vegetation and                          districts, there should be a planting
landscaping structures to be installed, the                   strip on an average of fifteen feet in
type of vegetation by common horticultural                    width containing a full landscape
name, the installed and mature height of all                  screen. Walking paths are allowed as
vegetation;                                                   part of the landscaping.
     D. Schematic plans and elevations of                3.    Reducing the visual impact of
existing/proposed buildings with samples of                    townhouse development. The intent
all exterior finish material and colors, the                   is to modulate development so that
type and location of all exterior lighting,                    it    is    compatible     with    the
signs and accessory structures;                                surrounding area (See Chapter 18.25
     E. Inscriptions or attachments setting                    – Performance Standards for Multi-
forth the limitations and conditions of                        family Development).
development;                                             4.    Pedestrian connections and open
     F. The      provisions    insuring   the                  space. The intent is to provide
development will be in conformance with                        residents of the development access
the site plan as approved; and                                 throughout the development and
     G. Demonstrate compliance with the                        connection to existing or potential
requirements of Chapter 64.34 RCW                              off-site public access or access to
Condominium Act. (Ord. 778, 2000)                              which the public is entitled.
                                                         5.    Building design. The intent is to
18.22.230.1Design          Guidelines      for                 ensure that buildings are compatible
            Townhouse Units                                    with forms typically associated with
       The purpose of these design guidelines                  single family detached structures.
is to encourage good design and site                           All buildings, including accessory
planning and to ensure that attached                           structures,     should     incorporate
dwelling development is sensitive to the                       pitched roofs.
character of other development in the                    6.    Concealing garages. The intent is to
surrounding area.                                              minimize the visual impact of
        The guidelines are meant to indicate                   garages. Where feasible, garages
preferred conditions while allowing for                        should be arranged so that they do
other equal or better solutions to be                          not face directly upon the street or
considered. They are to be applied with an                     principal access to the development.
attitude of flexibility, recognizing that each      (Ord. 834, 2003)
development site and project will have
particular characteristics that may suggest         18.22.240 Temporary Housing
that some guidelines be emphasized and                    Temporary housing to be used during
others de-emphasized.                               construction of a residence may be
     1. Maintain major vegetation. The              authorized pursuant to the following:
         intent is to soften new, more                  A. Permit issuance. The Mayor or his


                                            18.22 - 16                                     08/2006
       designee may authorize the issuance
       of a temporary permit to place and
       occupy a mobile structure during
       construction of a residence. Such
       permit shall be issued for periods of
       one hundred and twenty days and
       shall be issued only where the
       proposed location, parking and uses
       of the structure will comply with the
       regulations of the city, laws of the
       state and the rules and regulations of
       the     Island      County      Health
       Department relating to sewage
       disposal, if sewer connection is not
       feasible.
    B. Permit Extensions. At the end of one
       hundred and twenty days a person
       holding a temporary housing permit
       may apply for an extension thereof
       and the Mayor or his designee may
       authorize the extension if the
       applicant is proceeding with
       reasonable      diligence    in    the
       construction of the residence and all
       other requirements for location and
       occupation of the temporary
       structure have been met.
(Ord. 834, 2003)




                                           18.22 - 17   08/2006
                                                                         Langley Municipal Code
                                                                                          18.24

               Chapter 18.24                          18.24.040         Odors and gases.
                                                          The emission of obnoxious odors of any
   PERFORMANCE STANDARDS—                             kind or any toxic or corrosive fumes or
          GENERAL                                     gases shall not be permitted. Dust created by
                                                      a use shall not be exhausted or wasted
Sections:                                             directly into the atmosphere. (Ord. 527, 1989)
18.24.010        Scope.
18.24.020        Noise.                               18.24.050        Particulate matter.
18.24.030        Lighting.                                A. The emission of smoke or particulate
18.24.040        Odors and gases.                     matter of a density greater than the standard
18.24.050        Particulate matter.                  permitted by the NWAPCA (Northwest
18.24.060        Vibration.                           Area Pollution Control Agency) is
18.24.070        Electrical interference.             prohibited at all times, unless a permit is
18.24.090        Waste disposal.                      issued by the city.
18.24.100        Open storage.                            B. Dust and other types of air pollution
18.24.110        Maintenance and                      borne by the wind from such sources as
                 alterations.                         storage areas and roads shall be minimized
18.24.120        Investigation and                    by landscaping, paving, or other acceptable
                 compliance.                          means. Emission of particulate matter in
18.24.130        Enforcement.                         excess of 0.2 grains per cubic foot of
                                                      conveying gas or air measured at any
18.24.010        Scope.                               property line is prohibited.
    All uses shall comply with all of the                 C. The rate of emission of particulate
standards set forth below except:                     matter from all sources on any property shall
    A. When a temporary violation is caused           not exceed a net weight of one pound per
by circumstances beyond reasonable                    acre of property during any one hour. (Ord.
anticipation and control of the operators of          527, 1989)
the site; or
    B. When a temporary violation is                  18.24.060        Vibration.
necessary to protect the health and safety of             Vibration shall not exceed three one-
persons and property under circumstances              thousandths of one inch displacement
not caused by the operators of the site. (Ord.        applied to the frequency range of zero to
527, 1989)                                            five thousand cycles per second, as
                                                      measured at any point on the boundary of
18.24.020         Noise.                              the property from which the vibration is
     Noise emanating from any use shall be            produced. (Ord. 527, 1989)
muffled so as to not become objectionable
due to intermittent beat, frequency or                18.24.070         Electrical interference.
shrillness, and where use is within or adjoins            All     mechanical,        electrical, and
a residential district. The sound measured at         electronic equipment shall be shielded to the
the lot line shall not exceed fifty decibels          extent necessary to prevent electrical,
between the hours of ten p.m. and six a.m.            magnetic or radiological interference with
and seventy decibels at other hours. (Ord. 527,       the use of any equipment or process on
1989)                                                 abutting sites. (Ord. 527, 1989)

18.24.030       Lighting.                             18.24.090       Waste disposal.
    Lighting shall not be used in such a                  No organic or inorganic waste materials
manner that produces a glare on public                shall be disposed of or permanently stored
streets and neighboring property. (Ord. 527,          or emplaced on the site. (Ord. 527, 1989)
1989)
                                                      18.24.100       Open storage.


                                              18.24 - 1                                 12/06/2001
                                                                        Langley Municipal Code
                                                                                         18.24

    All storage of materials and equipment            enforcement shall be as per Chapter 18.46 of
except licensed motor vehicles shall be               this code. (Ord. 527, 1989)
within fully enclosed buildings or
surrounded by screening. Materials in
process shall be stacked, sorted, or arranged
in an orderly manner. (Ord. 527, 1989)

18.24.110        Maintenance and
                 alterations.
     All buildings and other structures shall
be maintained in original condition with
respect to exterior appearance. All additions
to existing buildings, new structures,
alterations and major maintenance which
affects exterior appearance shall be subject
to the same review and approval process as
originally followed in approval of the
principal structure as per the adopted
Uniform Building Code and Uniform Fire
Code. All landscaped and open space areas
shall be kept free of litter and debris. All
plant material shall be kept thrifty, free of
disease, dead material and weeds in
landscaped areas. (Ord. 527, 1989)

18.24.120        Investigation and
                 compliance.
    If the mayor has reasonable doubt that a
business or use is, or can be, conducted
within the limits of the above performance
standards, it may require that the user or
proposed user retain, at his expense, an
independent, qualified, testing laboratory of
experts, acceptable to the city, to make an
analysis of the use to determine its
compliance with the standards and make the
results of such analysis available to the city.
If the site operator does not provide the
required analysis within thirty days of the
request, the mayor shall initiate such
investigation and bill all expenses thereof to
the site operator. (Ord. 527, 1989)

18.24.130       Enforcement.
    In the even the analysis indicates
existing or impending noncompliance with
these standards, the city building official or
other authorized official shall require the
user or proposed user to either institute
remedial measures to bring the use into
compliance or to cease operation. Further


                                              18.24 - 2                               12/06/2001
                                                                          Langley Municipal Code
                                                                                           18.25

               Chapter 18.25                          at noon no more than would a structure built
                                                      to maximum permitted bulk. (Ord. 527, 1989)
    PERFORMANCE STANDARDS -
          MUTIFAMILY                                  18.25.030         Structure width and
                                                                        depth.
Sections:                                                  A. Maximum Width.
18.25.010        Purpose.                                  1. The maximum width of a structure
18.25.020        Height.                              on a lot when the front facade is not
18.25.030        Structure width and                  modulated shall be:
                 depth.                                    a. Thirty feet if there is no principal
18.25.040        Front, rear and side                 entrance facing the street, or
                 setbacks.                                 b. Forty feet if a principal entrance
18.25.050        Open space.                          faces the street.
18.25.060        Parking and access.                       2. The maximum width of each
                                                      structure on a lot shall be sixty feet when the
18.25.010         Purpose.                            front facade is modulated.
     These standards for multifamily housing               B. Maximum Depth. The maximum
are for the purpose of fostering multifamily          depth of a structure shall be sixty-five
development of low height and small bulk              percent of the lot.
with private, landscaped open space directly               C. Modulation Requirements.
accessible to each unit. The primary                       1. Front facades: see above.
objective is the development of housing that               2. Side facades: on corner lots, side
fits in with the scale, siting and landscaping        facades greater than forty feet in width,
of single-family areas. Bulky buildings are           which face the street, shall be modulated.
discouraged by limiting the width of                       3. Interior facades: within a cluster
structures. Housing types to be encouraged            development, all interior facades wider than
would include ground-related structures               forty feet shall be modulated provided that
such as duplexes, triplexes, townhouses and           maximum modulation width shall be forty
tandem houses. (Ord. 527, 1989)                       feet. Perimeter facades shall follow standard
                                                      development requirements.
18.25.020        Height.                                   4. Modulation Standards.
     A. Maximum Height. The maximum                        a. The minimum depth of modulation
height shall be twenty-five feet, provided            shall be four feet,
that the height may be built to thirty feet                b. When balconies are part of the
with a pitched roof if the lowest part of the         modulation and have a minimum dimension
pitch begins no higher than twenty-five feet.         of at least six feet, the minimum depth of
     B. Sloped Lots. On sloped lots,                  modulation shall be two feet.
additional height shall be permitted along                 5. The minimum width of modulation
the lower elevation of the structure footprint,       shall be five feet.
at the rate of one foot for each six percent of            6. Maximum width of modulation: the
slope, to a maximum additional height of              modulation width shall emphasize the
five feet.                                            identity of individual units, but shall not be
     C. Solar Access/Rooftop Features. In             greater than thirty feet. For units located one
order to protect solar access for property to         above the other, the individuality of the
the north, the applicant shall either locate          units shall be emphasized through the
rooftop features at least ten feet from the           location of driveways, entrances, walkways,
north edge of the roof, or provide shadow             and open spaces.
diagrams to demonstrate that the proposed                  7. Required modulation may start a
location of such rooftop features would               maximum of ten feet above existing grade,
shade property to the north on January 21st           and shall be continued up to the roof. (Ord.
                                                      527, 1989)



                                              18.25 - 1                                  12/06/2001
                                                                         Langley Municipal Code
                                                                                          18.25

                                                           5. At least fifty percent of the required
18.25.040          Front, rear and side               open space for a unit shall be level, provided
                   setbacks.                          that:
    A. The general setbacks are specified                  a. The open space may be terraced,
in Section 18.12.080.                                 and
    B. Required Setbacks for Cluster                       b. Minor adjustments in level shall be
Developments. Where two or more principal             permitted as long as the difference in
structures are located on a lot, the required         elevation between the highest and lowest
setback between those portions of interior            point does not exceed two feet.
facades, which face one another, shall be a                6. To ensure privacy of open space,
minimum of ten feet.                                  openings such as windows and doors on the
    C. Structures in Required Setbacks.               ground floor of walls of a dwelling unit or
    1. Permitted         fences,  freestanding        common area which directly faces the open
walls, bulkheads, signs, and other similar            space of a different unit are prohibited,
structures, no greater than six feet in height,       unless such openings are screened by view-
are permitted in required front, side, or rear        obscuring fences, freestanding walls, wing
setbacks;                                             walls, or landscaping. Fences, freestanding
    2. Decks, which average no more than              walls, or wing walls located in setbacks
eighteen inches above existing or finished            shall be no more than seventy-eight inches.
grade, whichever is lower, may project into                7. Parking areas, driveways and
required setbacks. Such decks shall not be            pedestrian access, except for pedestrian
permitted within five feet of any lot line,           access meeting the Washington State Rules
unless they abut a permitted fence or                 and Regulations for Barrier-Free Design,
freestanding wall, and are at least three feet        shall not be counted as open space. (Ord. 527,
below the top of the fence or wall. The fence         1989)
or wall shall be no higher than seventy-eight
inches. (Ord. 527, 1989)                              18.25.060         Parking and access.
                                                           A. Parking Quantity. Parking shall be
18.25.050         Open space.                         required as provided in Chapter 18.22.
     A. A minimum of three hundred square                  B. Access to Parking. Street or alley
feet per unit of private, usable open space, at       access permitted: access to parking may be
ground level and directly accessible to each          from either the alley or the street. The
unit, shall be required.                              following factors shall be considered:
     B. Development Standards.                             1. Safety; and
     1. The required open space shall be                   2. Impacts       on   adjacent    zones,
provided in one contiguous parcel, and no             particularly single-family; and
horizontal dimension of the open space shall               3. Topography.
be less than ten feet.                                     C. Location of Parking.
     2. Required open space may be located                 1. Parking shall be located on the same
in the front, sides, or rear of the structure.        site as the principal use.
     3. Required open space may be located                 2. Parking may be located in or under
a maximum of ten feet above or below the              the structure, provided that the parking is
unit it serves, provided that the access to           screened from direct street view by the street
such open space does not go through or over           facing facades of the structure and/ or by
common circulation areas, common or                   garage doors.
public open spaces, or the open space                      3. Solar collectors are permitted in
serving another unit;                                 required setbacks. (Ord. 527, 1989; Ord. 527,
     4. Required open space shall be                  1989)
landscaped.




                                              18.25 - 2                                 12/06/2001
                                                                         Langley Municipal Code
                                                                                          18.26

               Chapter 18.26                         requiring a subdivision for development.
                                                     (Ord. 527, 1989)
   PLANNED UNIT DEVELOPMENT
                                                     18.26.030       Minimum Size.
Sections:                                                Planned unit developments may be
18.26.010       Definitions.                         located on lots of one acre or greater;
18.26.020       Purposes.                            however, the applicant must demonstrate the
18.26.030       Minimum Size.                        preservation of a significant natural feature
18.26.040       Permitted modifications.             (examples: wetlands, creeks and steep
18.26.050       Permitted density.                   slopes) or amenity by the use of the planned
18.26.060       Required open space and              unit development process. (Ord. 527, 1989)
                recreation facilities.
18.26.070       Multiple zones.                      18.26.040        Permitted modifications.
18.26.080       Binding site plan.                       All zoning and subdivision requirements
18.26.090       Project description.                 may be modified in a planned unit
18.26.100       Association documents.               development in the interest of the expressed
18.26.110       Phased developments.                 purposes above except:
18.26.120       Required certificates and                A. Permitted uses;
                approvals.                               B. Street setbacks on exterior streets in
18.26.130       Recording required.                  residential zones;
18.26.140       Expiration.                              C. Surveying standards; and
                                                         D. Engineering design and construction
18.26.010        Definitions.                        standards of public improvements but not
A planned unit development is an alternate           including street right-of-way width. (Ord. 527,
form of subdivision and development                  1989)
regulation to provide a more flexible method
of developing land. (Ord. 527, 1989)                 18.26.050        Permitted density.
                                                         The number of dwelling units permitted
18.26.020         Purposes.                          in a planned unit development may be one
     The purpose of this chapter includes but        hundred twenty percent of the permitted
is not limited to the following:                     density of the zone district in which it is
     A. To allow for creative development            located. The permitted density shall be
equal to or superior to traditional lot-by-lot       computed as follows:
development;                                             A. Determine the gross development
     B. To preserve open space, natural              area. Subtract from the gross area all
vegetation, watercourses, wetlands, historic         unbuildable land, publicly owned land, and
buildings and places, and other community            commercial or industrial land area.
values;                                                  B. Determine the net development area.
     C. To provide more efficient street and         Subtract from the gross development area
utility systems by clustering buildings;             the actual percentage of gross development
     D. To provide for a variety of housing          area devoted to the street system up to a
types in one development with architectural          maximum of twenty percent of the gross
design compatibility;                                development area.
     E. To provide integrated landscape                  C. Divide the net development area by
development;                                         the minimum lot size of the zone district or
     F. To provide for the integration of            multiply by the number of multifamily
new development into the existing                    dwelling units per acre permitted in
community while protecting and preserving            multifamily zone districts.
the values of the surrounding neighborhood;              D. Multiply the resulting number of
     G. To provide for the site planning and         units by 1.20, rounding to the lowest integer.
                                                     (Ord. 527, 1989)
regulation of nonresidential sites not


                                             18.26 - 1                                  12/06/2004
                                                                        Langley Municipal Code
                                                                                         18.26

18.26.060       Required open space and             18.26.090        Project description.
                recreation facilities.                   A written explanation of the design
     In planned unit developments, twenty           concept,     planned      features     of   the
percent of the net development area shall be        development, measures taken to meet the
established as open space and/or planned            purposes of planned unit developments, the
unit development community recreation               proposed sequence and timing of
facilities. Upon approval of the planning           development, the provisions of ownership
advisory board, up to five percent of the           and     management         when      developed.
unbuildable land may be considered for              Covenants or other controls which might
inclusion in the required open space land           influence the development, operation or
upon a showing that such lands can and will         maintenance      of     the      planned   unit
be used for a specified recreational purpose.       development shall be submitted with the
(Ord. 527, 1989; Ord. 846, 2004)                    binding site plan. (Ord. 527, 1989)

18.26.070       Multiple zones.                     18.26.100        Association documents.
     If a planned unit development is                   An outline of the documents of the
proposed within two or more zones, the              owners'     association,     bylaws,  deeds,
maximum number of dwelling units will be            covenants and agreements governing
the total allowed in each zone combined.            ownership, maintenance and operation of the
The permitted land uses of the more                 planned unit development shall be submitted
restrictive zone shall apply to the entire          with the binding site plan. Planned unit
planned unit development. (Ord. 527, 1989)          development covenants shall include a
                                                    provision whereby unpaid taxes on all
18.26.080         Binding site plan.                property owned in common shall constitute
     A binding site plan is required for all        a proportioned lien on all property of each
planned unit developments and shall                 owner in common. The city may require that
include:                                            it be a third party beneficiary of certain
     A. All information required on a               covenants with the right but not obligation
preliminary plat;                                   to enforce the same. (Ord. 527, 1989)
     B. The location of all proposed
structures;                                         18.26.110         Phased developments.
     C. A detailed landscape plan indicating             If a planned unit development is planned
the location of existing vegetation to be           to be completed in more than two years from
retained, location of vegetation and                the date of preliminary plat/site plan
landscaping structures to be installed, the         approval, the planned unit development will
type of vegetation by common name and               be divided into phases or divisions of
taxonomic designation, the installed and            development, numbered sequentially in the
mature height of all vegetation;                    order construction is to occur. The binding
     D. Schematic plans and elevations of           site plan for each phase shall be approved
proposed buildings with samples of all              separately. Each division of development in
exterior finish material and colors, the type       a multiphase planned unit development shall
and location of all exterior lighting, signs        meet all the requirements of a planned unit
and accessory structures;                           development independently. (Ord. 527, 1989)
     E. Inscriptions or attachments setting
forth the limitations and conditions of             18.26.120        Required certificates and
development; and                                                     approvals.
     F. The provisions insuring the                     Binding site plans shall include all the
development will be in conformance with             required certificates of a final plat. PUD's
the site plan. (Ord. 527, 1989)                     shall be subject to design review in
                                                    accordance with Chapter 18.34 of this code.
                                                    (Ord. 527, 1989)



                                            18.26 - 2                                  12/06/2004
                                                         Langley Municipal Code
                                                                          18.26


18.26.130         Recording required.
    A binding site plan of a planned unit
development and accompanying documents,
together with covenants running with the
land, binding the site to development in
accordance with all the terms and conditions
of approval shall be recorded by the county
auditor. (Ord. 527, 1989)

18.26.140          Expiration.
    Approval of a binding site plan expires
unless recorded by the county auditor within
three years from the date of approval. An
applicant who files a written request with
the city clerk within thirty days of the
expiration date shall be granted a one-year
extension upon a showing of a good faith
effort to file the site plan. (Ord. 527, 1989)




                                             18.26 - 3               12/06/2004
                                                                          Langley Municipal Code
                                                                                           18.28

                   Chapter 18.28                       located, and that the proposed use will meet
                                                       all applicable requirements of this title.
            CONDITIONAL USES                                B. The use, as conditioned, will not be
                                                       significantly detrimental to the public
Sections:                                              health, safety and welfare; diminish the
18.28.010           Conditional use defined.           value of nearby property of improvements;
18.28.020           Permit required.                   or disturb persons in the use of property
18.28.030           Conditions imposed.                unless the conditional use is a public
18.28.044           Required findings.                 necessity. (Ord. 527, 1989)
18.28.050           General requirements.
                                                       18.28.050        General requirements.
18.28.010       Conditional use defined.                   A. The city shall determine whether the
    For the definition of "conditional use,"           conditional use permit will run with the land
see Section 18.01.040(15). (Ord. 527, 1989)            or be personal. If the conditional use is
                                                       personal, the permit is non-transferable to
18.28.020        Permit required.                      other persons. The city may require the
    A conditional use may be approved                  permit to be recorded with the county
when authorized by this title when findings            auditor as a covenant on the property.
required by this title are made. All approved              B. The conditional use permit must be
conditional uses shall be authorized by a              acted upon within one year from the date of
permit, which states the required finding and          approval or the permit shall expire. The
reasons therefore, the conditions imposed on           holder of the permit may request an
the use, structure, the location of the                extension of time before the expiration date
conditional use and the time limit, if any.            and the mayor, upon the recommendation of
(Ord. 527, 1989)                                       the planning advisory board, may grant one
                                                       extension of time of up to one year past the
18.28.030         Conditions imposed.                  original expiration date.
     In addition to the other requirements of              C. The conditional use permit, even if
this title, any condition reasonably required          issued to the person, applies only to the
to allow the proposed use or activity to meet          property on which it was issued and may not
the standards of the required findings below           be transferred to any other property.
may be imposed. Such conditions may                        D. A conditional use permit may be
include, but are not limited to:                       denied if the city finds the proposed use
     A. Requirements for environmental                 cannot be conditioned so that the required
protection;                                            findings can be made.
     B. Landscaping, clearing, planting,                   E. A conditional use permit shall
fencing and screening requirements;                    expire if the use is discontinued for a period
     C. Requirements of site restoration,              of 12 months or longer. (Ord. 527, 1989; Ord.
reforestation or regrading after use of the            696, 1995)
land;
     D. Setbacks,       height   and     bulk
requirements;
     E. Safety requirements, such as time of
operations, traffic routing, limitations on
processes, etc. (Ord 527, 1989)

18.28.044       Required findings.
    A. The proposed use, at the proposed
location, is consistent with the purposes of
the comprehensive plan, the zoning code
and the zone district in which it is to be


                                               18.28 - 1                                 12/06/2001
                                                                        Langley Municipal Code
                                                                                         18.30

             CHAPTER 18.30                               D. Zoning Code. Approval of the
                                                     variance will be consistent with the purposes
               VARIANCES                             of the zoning code and the zone district in
                                                     which the property is located.
Sections:                                                E. Not Detrimental. The variance as
18.30.010       Definition.                          approved or conditionally approved will not
18.30.020       Required findings.                   be significantly detrimental to the public
18.30.030       Time limits.                         health, safety or welfare or injurious to the
18.30.040       Applicability.                       property or improvements in the vicinity.
18.30.050       Variance recorded.                       F. Minimum Variance. The approved
                                                     variance is the minimum necessary to allow
18.30.010       Definition.                          the owner the rights enjoyed by other
    For the definition of variance, see              property owners in the vicinity with the
Section 18.01.040(91). (Ord. 527, 1989)              same zoning. (Ord. 527, 1989)

18.30.020        Required findings.                  18.30.030        Time limits.
     A variance to any requirement of this               The variance must be acted upon within
title,   except     use    and     procedural        one year from the date of approval or the
requirements, may only be granted when all           variance shall expire. The holder of the
of the following required findings are made:         variance may request an extension of time
     A. Special Circumstances. Because of            before the expiration of the variance and the
special circumstances related to the                 mayor, upon recommendation of the
property, the strict enforcement of the              planning advisory board, may grant one
zoning code would deprive the owner of use           extension of time up to six months past the
rights and privileges permitted to the other         original date of expiration. (Ord. 527, 1989)
properties in the vicinity with the same
zoning.                                              18.30.040         Applicability.
     1. Special circumstances include the            The variance applies only to the property or
size, shape, topography, location or                 an individual for a specific property to
surroundings of the property, public                 which it was granted and may not be
necessity of public structures and uses, and         transferred to any individual or other
protection of environmental features such as         property. (Ord. 527, 1989)
vegetation, streams, ponds and wildlife
habitat;                                             18.30.050         Variance recorded.
     2. Special circumstances may not be                 All variances and the conditions
predicated upon any factor personal to the           specified will be recorded with the county
owner such as age or disability, extra               auditor. (Ord. 527, 1989)
expense which may be necessary to comply
with the zoning code, the ability to secure a
scenic view, the ability to make more
profitable use of the property, nor any factor
resulting from the action of the owner or any
past owner of the same property.
     B. Special Privilege. The approval of
the variance will not grant special privilege
to the property in comparison with the
limitations upon other properties in the
vicinity with the same zoning.
     C. Comprehensive Plan. The approval
of the variance will be consistent with the
comprehensive plan.


                                             18.30 - 1                                12/06/2001
                                                                        Langley Municipal Code
                                                                                         18.31
               Chapter 18.31                         (Ord. 820, 2002)


            Shoreline Regulations                    18.31.20      Shoreline Permit Procedures
Sections:                                                A. Administration of the shoreline
18.31.010       Purpose                                      permit system shall be carried out
18.31.020       Shoreline Permit                             by the City Planning Official in
                Procedures                                   accordance with the procedures,
                                                             time lines and other requirements of
18.31.10     Purpose                                         Chapter 173-14 WAC.
    A. The purpose of this section is the                B. The following local procedures shall
        recognize that there are additional                  apply exclusively to all requests for
        regulations adopted pursuant to the                  shoreline substantial development,
        Shoreline Management Act that                        conditional use, and variance
        have similar force and effect as the                 permits:
        other regulations adopted in this                1. To the fullest extent possible, the
        Code (Title 18 LMC). Standards and                   shoreline permit process shall be
        regulations governing uses in the                    integrated with other planning and
        shorelines of Langley are stipulated                 licensing procedures of this title.
        in the form of policies and                      2. Pursuant to Chapter 18.36 of this
        regulations in the City of Langley                   title, the city planning official has
        Shoreline Master Program. Every                      authority     to    issue   shoreline
        effort was made in adopting the                      substantial development permits in
        SMP to be as consistent as possible                  certain circumstances. In all other
        with the City’s zoning and related                   cases, shoreline permits are issued
        regulations. Where there is a                        after a public hearing by the
        conflict between the regulations of                  planning advisory board and final
        the SMP and other regulations                        decision by the city council.
        adopted by the City, the SMP                     3. Appeals of permit decisions shall be
        regulations take precedence.                         as set forth in Chapter 18.36 LMC
   B. Unless specifically exempted by                        and RCW 90.58.180.
                                                     (Ord. 820, 2002)
       RCW 90.58 or WAC 173-24, no
       project or activity shall be
       undertaken on shorelines of the City
       without first obtaining a substantial
       development permit. Under the city
       shoreline master program, shorelines
       of the city are designated as Urban,
       Shoreline Residential, Aquatic and
       Urban         Aquatic         shoreline
       environments, in which substantial
       developments are identified as
       permitted or conditional uses.
       Substantial     developments        not
       identified as permitted require a
       shoreline conditional use permit.
       Projects or activities deviating from
       the specific regulations of the master
       program require a shoreline variance
       permit. Exempt projects must
       comply with the provisions of the
       master program.


                                             18.31 - 1                               11/20/2002
                                                                              Langley Municipal Code
                                                                                               18.32

                Chapter 18.32                             grant an extension of time for up to six
                                                          additional months. (Ord. 527, 1989)
       NONCONFORMING USES,
       STRUCTURES AND LOTS                                18.32.030         Nonconforming lots.
                                                               A. Continuance. A nonconforming lot
Sections:                                                 may be continued if:
18.32.010         Nonconforming uses.                          1. The lot was a lawfully established
18.32.020         Nonconforming                           lot at the time the nonconformity was
                  structures.                             established;
18.32.030         Nonconforming lots.                          2. It does not adjoin a lot which has no
                                                          structure on it and is under the same
18.32.010         Nonconforming uses.                     ownership, if the nonconformity is due to lot
     A. Continuance. Nonconforming uses                   size; and
may be continued if:                                           3. All uses of the nonconforming lot
     1. The use was lawful at the time it                 comply with all other provisions of this title.
was established;                                               B. Discontinuance. The nonconforming
     2. The use has not been discontinued                 status of a lot shall be discontinued if:
for a period of twelve consecutive months                      1. A single, nonconforming lot adjoins
since the nonconformity was established;                  another, unimproved lot under the same
and                                                       ownership. Such lots shall be merged by lot
     3. The use has not been enlarged in                  line adjustment as provided in this code;
scope or size in any way, except as required                   2. A nonconforming lot adjoins more
to meet state or federal standards.                       than one adjoining unimproved lot under the
     B. Discontinuance. All nonconforming                 same ownership. Such lots shall be merged
uses not conducted in buildings or accessory              into the least number of lots, which most
buildings on the same lot shall be                        nearly meet the requirements of this title.
discontinued within three years of the                    (Ord. 527, 1989)
starting date of nonconformity or adoption
of this title, whichever is later. (Ord. 527, 1989)

18.32.020          Nonconforming
                   structures.
     A. Alterations.       A    nonconforming
structure may be altered or enlarged, if:
     1. Alterations to the structure do not
increase the nonconformity in any way;
     2. Alterations are necessary to meet
city, state, or federal requirements; or
     3. Alterations meet the existing
requirements of the zone in which the
structure is located.
     B. Restoration of Damage. A
nonconforming structure may be restored, if
damaged by fire or other hazard, in the same
location and dimensions as existed before
the damage occurred if restoration begins
within six months of the date the damage
occurred. Upon a showing of hardship or
conditions causing delay, which are beyond
the control of the applicant, the mayor may



                                                  18.32 - 1                                  12/06/2001
                                                                          Langley Municipal Code
                                                                                           18.34

               Chapter 18.34                        Langley business owner and may reside
                                                    outside the city limits. The other lay
       DESIGN REVIEW BOARD                          member shall reside within the city limits.
                                                    Alternate members shall be appointed to
Sections:                                           serve in the event of a board vacancy or a
18.34.010        Purpose.                           conflict of interest by a member of the board
18.34.020        Created— Membership—               on a specific project. The members of the
                 Term.                              board shall be appointed by the mayor and
18.34.030        Scope.                             confirmed by the city council. Each member
18.34.040        Approval required.                 shall serve a three-year term. These terms
18.34.050        Application.                       shall be staggered to that no more than two
18.34.060        Review of application.             positions need to be filled in any one year.
18.34.070        Notice required when.                  B. Therefore, the initial term of the
18.34.080        Bond.                              architect and one layperson shall be for a
18.34.090        (Vacant).                          one-year period and all terms thereafter shall
18.34.100        Design standards.                  be for three years.
18.34.110        Meetings.                              C. There shall also be one alternate
18.34.120        Actions of board.                  member, who must be a resident of the city,
18.34.130        Appeals.                           unless previously having served on the
18.34.140        Enforcement.                       board. The alternate member shall be
                                                    appointed in the same manner as the regular
18.34.010         Purpose.                          board members.
     The purpose of this chapter is to              D. The alternate member shall serve on
establish design approval requirements and          occasion when a regular board member will
procedures in order to promote, preserve and        not be able to attend board meetings due to
enhance the city's architectural heritage and       an excused absence approved by the board.
visual character, while recognizing the             (Ord. 578, 1990; Ord. 527, 1989; Ord. 788, 2000; Ord.
existing variety of architectural styles within     798, 2001)
the city, allowing maximum flexibility for
building design, and encouraging individual         18.34.030       Scope.
initiative in the development process. Rather            A. Design review shall apply to all
than requiring replication of a particular          private development in the central business
architectural style, the purpose of design          and neighborhood business zones and all
standards should be to emphasize desirable          development in the residential zones
functional characteristics to be incorporated       including subdivisions (long plats), planned
in new development/redevelopment. (Ord.             unit developments, attached single family
527, 1989)                                          dwelling units (townhouses) duplexes,
                                                    detached accessory dwelling units, wireless
18.34.020       Created-Membership                  communication      antenna      arrays,   and
                -Term.                              additions to single family residences to
     A. There is created a design review            accommodate an accessory dwelling unit or
board, consisting of five members. The              bed and breakfast room(s) with the
membership of the board shall be composed           exception of one-family dwellings, provided
of one architect, or in the alternative, a          that, accessory buildings larger than twelve
building designer, one landscape architect,         hundred square feet are subject to the
or in the alternative, a landscaper, one            provisions of this chapter as set forth in
builder or developer, and two lay persons           Chapter 18.22.050.B.2.b.
who are educated in, or have practical                   B. "Development"         means       any
experience in planning or related design            improvement to real property open to
science or interest in planning and design          exterior view including, but not limited to,
concepts. One of the lay members shall be a         buildings, structures, fixtures, landscaping,
                                           18.34 - 1                                   11/20/2002
                                                                            Langley Municipal Code
                                                                                             18.34

site screening, parking lots, lighting,                 the item for the next scheduled meeting of
pedestrian facilities, street furniture and             the design review board. The design review
improvements (not to include street                     board     shall     review      the     proposed
maintenance), use of open areas, whether all            development at a public meeting and
or any are publicly or privately sponsored,             approve, conditionally approval, or deny the
and signs (per Section 15.16.110 of this                proposal. The decision of the design review
code). Included in this definition are                  board is final unless appealed pursuant to
modifications of a substantial nature to                Section 18.34.130 of this chapter. The board
existing buildings, including changes to                may continue the meeting on the proposal to
structural components and changes in the                allow changes in the proposal or to obtain
exterior size of buildings. "Development"               information needed to allow changes in the
does not include underground utilities. All             proposal, or to obtain information needed to
development by the city and other public                properly review the proposal. After approval
agencies shall be subject to design review.             by the design review board or by the city
(Ord. 733, 1997; Ord. 696, 1995; Ord. 788, 2000)(Ord.   council, after review on appeal, the City
820, 2002)                                              Land Use Coordinator shall have the
                                                        authority to approve design modifications
18.34.040        Approval required.                     that maintain the intent of the original
     Design approval shall be required prior            approval. (Ord. 527, 1989)(Ord. 820, 2002)
to the issuance of any permit or approval
required     for   grading    or   clearing,            18.34.070         Notice required
construction or demolition or modification                                          when.
of structures, or prior to initiating the               Public notice by mail, posting or newspaper
physical development, whichever shall come              publication shall not be required, except for
first. Such permits include, but are not                applications that require an environmental
limited to, building permits and conditional            impact statement, in which case notice of the
use permits. All construction or other                  hearing shall be required by Chapter 16.04
activities undertaken pursuant to such                  of this code. (Ord. 527, 1989)
permits and approvals shall be in
conformance with the design approval                    18.34.080        Bond.
granted pursuant to this chapter. (Ord. 527,            The design review board may require that a
1989)
                                                        bond be posted to ensure the satisfactory
                                                        installation of site improvements. (Ord. 527,
18.34.050         Application.                          1989)
     Applications for design approval shall
be submitted to the city services director on           18.34.090        (Vacant).
such forms and with such content as
required by the design review board. The           18.34.100         Design standards.
applicant may submit the plans required in              The design review board shall establish
this section in preliminary or sketch form, so     a set of design standards for both site and
that the comments and advice of the design         building developments. The standards shall
review board may be incorporated into the          serve as a guide to the applicant and the
final plans submitted for application. There       board in the review of all proposals that are
shall be a ten-dollar fee per a design review      subject to this chapter. The standards
session on each application. (Ord. 594, 1991;      established by the board shall be forwarded
Ord. 527, 1989)
                                                   to the city council for adoption as a part of
                                                   this chapter. The design review requirements
18.34.060       Review of application.             established in this chapter shall not take
     The city Land Use Coordinator shall           effect until the design standards called for in
immediately review the application as              this section have been adopted by the city
provided in Section 18.34.050 and schedule         council. (Ord. 527 (part), 1989)
                                          18.34 - 2                                   11/20/2002
                                                           Langley Municipal Code
                                                                            18.34




18.34.110        Meetings.
    The design review board shall meet
once a month or as often as practical and
feasible in order to facilitate carrying out the
design review function and to cause the least
amount of delay in processing of
development applications. The applicant is
encouraged to be aware of all development
application requirements that apply to
his/her proposal and to submit applications
for concurrent review where possible. (Ord.
527, 1989)

18.34.120        Actions of board.
    Approval or conditional approval of the
design of a development project does not
constitute approval or imply potential
approval of any other permit that may be
required for the development. (Ord. 527, 1989)

18.34.130         Appeals.
Any interested party may appeal a decision
of the design review board to the city
council by filing notice with the city
clerk/treasurer within seven days of the date
of the design review board's decision. The
appeal shall be scheduled for consideration
at the next regularly scheduled city council
meeting. The council shall consider the
record and such additional evidence as may
be submitted. The council may affirm or
modify the action of the board or refer the
matter back to the board for further
consideration. A written copy of the action
of the council shall be transmitted to the
applicant. (Ord. 527, 1989)

18.34.140        Enforcement.
Enforcement of this chapter shall be in
accordance with the enforcement provisions
of this code (Chapter 18.42.030) and the city
building code. (Ord.527, 1989)




                                               18.34 - 3               11/20/2002
                                    Langley Municipal Code




                                         Chapter 18.35

                                           Sign Code
Sections:
18.35.010               Purpose and intent.
18.35.030               Definitions.
18.35.040               Exempt signs.
18.35.050               Sign area.
18.35.060               Permitted sign types.
18.35.070               Prohibited signs.
18.35.080               Existing signs.
18.35.090               Permit-Required-Application.
18.35.100               Surety required.
18.35.110               Permit-Review of application.
18.35.120               Permit-Fee schedule.
18.35.130               Permit-Expiration.
18.35.140               Exception to permit requirement.
18.35.150               Permit-Denial-Notice.
18.35.160               Variance procedure.
18.35.165               Enforcement
18.35.170               Conflicting provisions.
18.35.180               Violation-Penalty.

Section 18.35.010 Purpose and intent.                   5. Un-due blocking of public view from
    A. The purpose of this chapter is to           the public right-of-way;
preserve and maintain the small-town                    6. Reduction of distractions contributing
quality and the unique historic character of       to traffic confusion or accidents.
the city. It is to promote and protect the         (Ord. 465 § 1.1985)
public welfare, health, safety and aesthetics
by regulating existing and proposed signs.         Section 18.35.030 Definitions.
    B. Sign design shall be a creative                  A. Except where specifically defined in
response to the location on which it is to be      this section, all words used in this chapter
placed. It shall consider:                         shall carry their customary meanings. Words
    1. Scale compatibility and visual              used in the present tense include the future,
appropriateness with both the natural beauty       and the plural includes the singular. The
of the environment and the unique building-        word "shall" is mandatory; the word "may"
scape of the city;                                 denotes a use of discretion in making a
    2. Symbolic appropriateness with the           decision; the words "used" or "occupied"
activity to which it pertains;                     shall be considered as though followed by
    3. Expressive identity of individual           the words "or intended, maintained,
proprietors, yet never violating the visual        arranged or designed to be used or
character of the surroundings in which it is       occupied."
to be placed;                                           B. "Banner" means a piece of manmade
    4. Legibility at the distance and pace         or natural cloth or fabric displaying a
(speed) at which it is to be seen;                 distinctive noncommercial design, attached


                     (18.35 - 1)                                12/06/2004
                                     Langley Municipal Code


by one or more edges to a pole or staff or             N. "Street frontage" means the side of a
other device intended for such display.            building facing the street.
     C.    "Billboards"      means    outdoor          O. "Surface area" or "facade" means the
advertising signs containing a message,            area of that continuous exterior front, side or
commercial or otherwise, unrelated to any          back surface of a building, including doors
use or activity of the property on which the       and windows, but excluding any roof area.
sign is located. A directional or locator sign         P. "Temporary sign" means a sign
shall not be considered a billboard.               constructed of cloth, canvas, cardboard,
     D. "Display surface" means that part of       wallboard or other light material, intended to
a sign structure used to display an integrated     be displayed for a limited period of time.
advertising message.                                   Q. "Wall sign" means any sign attached
     E. “Directional or Locator Sign”              to and supported by the wall of a building or
means a sign erected on public property or         the wall of a structure, with the exposed face
of a public or quasi-public nature containing      of the sign in a plane parallel to the plane of
a map, directions and other information            the wall.
intended to direct pedestrians to services             R. "Window sign" means any sign
businesses and public facilities.                  located inside and affixed to or within one
     F. "Marquee" means a permanent                foot of the window panes of a building,
covering structure projecting horizontally         whether temporary or permanent.
from and attached to a building, affording         (Ord. 465, 1985; Ord. 788, 2000; Ord846, 2004)
protection from the elements, including, but
not limited to, cloth awnings and mansard          Section 18.35.040 Exempt signs.
roofs.                                                  The following signs are exempt under
     G. "Person" means any individual,             this chapter:
corporation, association, firm, partnership,            A. Signs required by law, including, but
business, singular or plural.                      not limited to, official traffic signs,
     H. "Sign" means any letters, figures,         directional signs, signals, public notices,
design, symbol, trademark or device                court and sheriff notices, all of which are
intended to attract attention to any activity,     erected by public authorities;
service, place, subject, person, firm,                  B. Informational services signs,
corporation, public performance, article,          including, but not limited to, "Customer
machine or merchandise and including               Parking," "Driveway Entrance" and "Exit,"
display surfaces and supporting structures         not to exceed three square feet;
thereof.                                                C.     Signs       identifying     public
     I. "Pedestrian sign" means a small sign       conveniences, including, but not limited to,
designed to identify a business to a               restrooms, telephones, bus stops and taxicab
pedestrian and indicate the location of the        stands, not to exceed three feet;
entrance.                                               D. Information warning signs, including,
     J. "Projection sign" means any sign           but not limited to, "No Trespassing," "No
other than a wall sign which extends more          Dumping" and "No Parking," not to exceed
than twelve inches from the facade of the          three feet;
building to which it is attached.                       E. Building address identification
     K. "Roof sign" means any sign erected         number limited to six inches in height;
upon, against or directly above a roof or on            F. Temporary political signs and signs
top of or above the parapet of a building.         displayed in windows of party political
     L. "Rotation sign" means any sign             headquarters, not to exceed four square feet;
which rotates on a fixed axis.                     provided they are removed within fourteen
     M. "Street" means a public right-of-way       days after the election.
which affords a primary means of access to              G. Temporary decorations customarily
abutting property.                                 displayed at special holidays, such as
                                                   Christmas and Independence Day; provided

                      (18.35 - 2)                               12/06/2004
                                          Langley Municipal Code


they are removed within fourteen days after             message shall not exceed twenty square feet.
the holiday;                                            These signs and sign areas are subject to the
     H. One temporary real estate sign for              same review requirements set forth in A.1.
each street frontage located on the premises            above.
for sale, lease or rent, not exceeding four                 B. If a sign is a painted wall sign, only
square feet; provided, that it is removed               the total area of the letters or symbols
fourteen days after the sale, lease or rent of          themselves need be assessed against the
the premises;                                           allowable sign area, but if the background
     I. One temporary sign for each street              contrasts strongly with the wall it is painted
frontage denoting the architect, engineer or            on and is thus construed to be part of the
contractor, or future business under                    architecture, the area measured is the
construction, not to exceed sixteen square              smallest circle, triangle or quadrangle that
feet; provided, it is removed fourteen days             can be drawn around all parts of the visible
after completion of construction;                       area.
     J. Any sign located within a building not              C. Visible structures designed to be a
visible from the street or sidewalk;                    part of the sign display shall be included in
     K. Flags of government or non-                     the sign area calculation.
commercial institutions such as schools;                    D. The total area of a double-sided sign
     L. Sandwich board signs worn by a                  shall not exceed twenty square feet in area
person while walking the public ways of the             on each side.
city;                                                   (Ord. 465, 1985; Ord. 704, 1995 Ord, 729, 1996)
     M. Window signs, where such signs are              (Ord. 729, 1996;) (Ord. 788, 2000; Ord. 846, 2004)
temporary and not a window graphic;
     N. Signs in the interior of a building             Section 18.35.060 Permitted sign types.
more than one foot from the closest window                   A. Freestanding        Signs.      Signs
or not facing a window.                                 supported by uprights extending from the
     O. Signs or plaques denoting historical            ground, not attached to a building. Height of
structures or sites designated on municipal,            freestanding signs shall not exceed nine feet
county, state or federal historic registers;            and freestanding signs shall not exceed
(Ord. 465, 1985; Ord. 788, 2000)(Ord. 834, 2003)        twenty square feet in area each side,
                                                        including support structure. The height of
Section 18.35.050 Sign area.                            freestanding signs is measured from the
     A. 1. The total sign area for any single           grade at the edge of the right-of-way to the
enterprise may be up to twenty square feet,             top of the sign. If unusual topography,
subject to review and approval by the                   architectural or landscape elements, building
Design Review Board, taking into                        setting or road curvature merit special
consideration the criteria set forth in Section         considerations, an exemption may be
15.16.010 of this Chapter.                              considered.
     2. For public institutional buildings and               Freestanding signs, forty-two (42)
churches over 5,000 square feet in size, the            inches or less in height may be located in the
total sign area for both building                       street setback a minimum of five (5) feet
identification and announcement of events               from the property line or edge of
shall not exceed seventy square feet;                   improvements. Signs exceeding forty-two
provided that, the total allowable sign area            inches in height shall setback one additional
for identification shall not exceed thirty-             foot for every foot over forty-two inches.
eight square feet and the sign area for                 Freestanding signs shall not block visibility
announcement of events shall not exceed                 from driveways, accesses or at street
thirty-two square feet. Individual signs                intersections.
containing both a message and identification                 B. Joint Freestanding Signs. Signs
shall not exceed fifty square feet on all sides         supported by uprights extending from the
and individual signs not containing a                   ground, not attached to a building shared by

                         (18.35 - 3)                                 12/06/2004
                                       Langley Municipal Code


more than one enterprise. The total area of          marquees, window graphics and sidewalk
any joint freestanding signs shall not exceed        displays.
twenty-eight square feet in area each side                1. Illumination.
including support structure.                              a. Bare Bulb Illumination. The use of
     1. Each enterprise is entitled to an            bare bulbs is restricted to establishments
equal share of the sign space including the          which would normally be associated with
building name.                                       this light source, such as eating and drinking
     2. If more than one freestanding sign           places, amusements and recreation. Wattage
is used, it shall be similar or the same in          and bulb type shall be determined at time of
design.                                              review.
     C. Building Surface Signs. Signs that                b. Flashing and Moving Light. No
are attached parallel to or painted directly on      flashing and moving lights are allowed
a wall surface of a building.                        except when out of view of all streets,
     1. If an applicant demonstrates to the          parking lots and views from properties
satisfaction of the design review board that a       uphill as a part of a planned atmosphere
wall sign is an integral part of the                 appropriate to a group of enterprises.
architecture and constitutes a "super                     c. Indirect Illumination. An indirectly
graphic," the board may waive the size               illuminated graphic is one which is lighted
restrictions.                                        externally and directed towards the graphic
     2. A wall sign shall not project more           or sign in such a manner that none of the
than nine inches parallel to the face of the         light glares or shines onto a neighboring
wall.                                                property or into the eyes of motorists and
     D. Projecting Signs. Signs that extend          pedestrians.     Indirect    illumination    is
outwardly from a building wall plane.                permitted in the commercial zones and for
     1. No sign shall extend into or over a          institutional or non-profit organizations and
public     right-of-way      unless      written     residential developments with five or more
permission has been granted by the director          housing units.
of public works and a hold harmless                       d. Neon Tube Illumination. A neon
agreement has been provided to the city.             graphic is one with a light source supplied
     2. Projecting signs may be displayed            by a neon tube which is bent to form letters,
by any establishment, not to exceed six              symbols or other shapes and is permitted to
square feet in size for a single face                all establishments in a commercial area.
     3. Projecting signs shall clear the                  2. Special Features. Special features
sidewalk by seven and one-half feet, and             referred to here (banners, awnings, canopies,
projecting signs shall not be lower than             etc.) are essentially pedestrian-oriented and
seven and one-half feet from the ground, and         will most frequently be used in conjunction
shall not extend more than six feet from the         with some other type of street sign.
building, or one-half the width of the public             a. Awnings and canopies may be used
sidewalk, whichever is less.                         by all types of establishments. Only
     E. Window Signs. Window graphics                individual cutout letters and/or symbols may
may not occupy more than twenty-five                 be attached to painted stencils or otherwise
percent of the total area of the window in           placed on these devices; all other types of
which they are displayed.                            graphic treatment are prohibited;
     F. Directional or Locator Sings.                     b. Marquees;
Directional or locator signs may be erected               c. Moving signs, except wind-powered
by a public or civic body, may be                    signs, are not allowed except in those cases
freestanding or wall mounted, shall not              that the proprietor can demonstrate that such
exceed twenty-eight square feet in area.             a sign would be more appropriate to the
     G. Auxiliary        Design       Elements.      business;
Elements such as illumination of all types,
movement, banners, awnings, canopies,

                       (18.35 - 4)                               12/06/2004
                                     Langley Municipal Code


     d. Banners, pennants, flyers, ribbons or      board or “A” board signs except for
other fluttering devices may he used with          temporary real estate signs as provided in
approval of the design review board;               Section 15.16.040H;
     e. Sidewalk showcases and kiosks.                 F. Abandoned Signs. A sign which is
These may be used with special permission          located on property which becomes vacant
of the Design Review Board provided                or unoccupied for a period of ninety days or
written permission has been granted by the         more, or which was erected for an occupant
director of public works and a hold harmless       or business other than the present occupant
agreement has been furnished to the city.          or business, or contains content which
     H. Temporary Signs. Temporary signs           pertains to a time, event or purpose which
may be approved by the planning official,          no longer pertains, is an abandoned sign. If
subject to the following criteria:                 the sign does not conform to the criteria
     1. The maximum sign size is twenty            described in this guideline and/or unrelated
(20) square feet except for public                 to the present occupant or business, it must
institutional buildings and churches over          be removed by the property owner.
five thousand (5,000) square feet which may            G. Signs on Public Property. All signs
be allowed a maximum thirty-six (36)               on public property that are not approved for
square feet and subject to the specific            such location by the City are prohibited.
circumstances, including the relationship of       Approved signs are subject to compliance
the sign to the surface area/structure to          with all provisions of this Chapter.
which it is mounted, the scale of the                  H. Internally illuminated signs and
structure, etc.;                                   digital image signs.
     2. The maximum length of time for             (Ord. 465, 1985) (Ord. 704, 1995)(Ord. 834, 2003;
display shall be 30 days per calendar year         Ord. 846, 2004)
except for public institutional or church uses
each sign may be displayed for a maximum           Section 18.35.080 Existing signs.
of ten (10) days and the total number of days           A. This ordinance shall not apply to
allowed for all temporary signs is sixty days      permanent signs in place on or before the
per calendar year.                                 date of the ordinance codified in this
     3. No more than one temporary sign per        chapter, unless the user of the sign wishes to
property/use may be allowed at a time.             change the shape, dimensions or content of
     4. A cash deposit may be required to          the sign. In that case, the sign must comply
ensure compliance with the time limitations.       with the applicable sections of this chapter.
(Ord. 465, 1985) (Ord. 704, 1995) (Ord. 788,       It shall not he deemed a change in content of
2000)(Ord. 834, 2003; Ord. 846, 2004)              a sign if the change is merely changing the
                                                   message that may appear on the changeable
Section 18.35.070 Prohibited signs.                portion of a reader board-type sign.
     The following signs are prohibited:                B. All signs, preexisting the effective
     A. All roof-mounted signs, directly on        date of the ordinance codified in this chapter
the roof surface;                                  or otherwise, must be kept in good repair, be
     B. Billboards;                                well maintained, and not a safety hazard to
     C. Temporary signs attached to, located       the members of this community.
on or resting against a motor vehicle or                C. This section shall cease to apply to a
trailer for the purpose of advertisement or        preexisting sign if the business or other
directing people to a business;                    entity that the sign advertises ceased to do
     D.     All signs which resemble legal         business in the same location for more than
traffic signs;                                     ninety days. After that time, any preexisting
     E. All signs which have no permanent          sign must meet all applicable standards of
attachment to a building or the ground,            this chapter.
including, but not limited to pole                 (Ord. 465, 1985)(Ord. 834, 2003)
attachments, mobile signs and sandwich

                      (18.35 - 5)                               12/06/2004
                                       Langley Municipal Code


Section 18.35.090 Permit-Required-                   has not been completed within ninety days
Application.                                         of its issuance.
     A permit shall be obtained for each sign        Ord. 465, 1985) (Ord. 704, 1995)
erected within the city limits, excepting
those signs which are exempted by this               Section 18.35.140 Exception to permit
chapter. Each permit application shall be            requirement.
filed with the city Land Use Coordinator by             No permit shall be required:
the property owner, lessee, contract                    A. For repainting, cleaning or other
purchaser or other persons entitled to               normal maintenance or repair of a sign for
possession of the property, or by an                 which a permit has previously been issued,
authorized agent, on a form provided by the          so long as the sign structure or content is not
city, and shall contain and include the              modified in any way;
following:                                              B. For the changing of the advertising
     A. Building name and location;                  copy or message on an approved reader-
     B. Building owner and lessee, sign              board or theater marquee.
owner and sign lessee, name of business.             (Ord. 465, 1985)
primary product and/or service;
     C. Location of existing and proposed            Section 18.35.150 Permit-Denial-Notice.
signs;                                                   When a sign permit is denied by the
     D. Description of signs, including              design review board, written notice of denial
dimensions, materials and copy material;             shall be given to the applicant along with a
     E. Required fee;                                brief written statement of the reasons for the
     F. Name, address and telephone number           denial.
of sign installer.                                   (Ord. 465, 1985)
(Ord. 465, 1985)(Ord. 704, 1995)
                                                     Section 18.35.160 Variance procedure.
Section 18.35.100 Surety required.                        A. Special Circumstances Required. A
    The city may require, as a condition to          variance from the requirements of this
the granting of a permit, that the applicant         chapter can be considered by the planning
furnish a surety approved by the city to             advisory board when special circumstances
secure the applicant's obligation to adhere to       applicable to a specific piece of property
the sign guidelines.                                 exist and it is considered necessary to
(Ord. 465, 1985)                                     provide a means to modify the regulations
                                                     contained in this chapter as they might apply
Section 18.35.110 Permit-Review of                   to a particular property. Modifications to the
application.                                         regulations in this chapter are permitted only
   All sign permit applications shall be             after obtaining a variance.
approved by the design review board.                      B. Criteria for Granting a Variance. The
(Ord. 465, 1985) (Ord. 704, 1995)                    applicant shall demonstrate to the planning
                                                     advisory board's satisfaction that:
Section 18.35.120 Permit-Fee schedule.                    1. The literal interpretation and strict
   A permit fee in an amount as shall from           application of the provisions and
time to time be set by the city council by           requirements of this chapter would cause
resolution shall be paid to the city                 undue and unnecessary hardship to the
clerk/treasurer at the time of permit                applicant because of unique or unusual
application.                                         conditions pertaining to the specific building
(Ord. 465, 1985) (Ord. 704, 1995)                    or parcel of property in question;
                                                          2. The granting of the requested
Section 18.35.130 Permit-Expiration.                 variance would not be materially detrimental
    A sign permit shall become null and void         to the property owners in the vicinity;
if the work for which the permit was issued

                         (18.35 - 6)                              12/06/2004
                                    Langley Municipal Code


     3. The unusual conditions applying to        all signs on public property that have not
the specific property do not apply generally      been approved per all relevant portions of
to other properties in the city;                  this Chapter and specifically Section
     4. The granting of the variance will not     15.16.070 (G).
be contrary to the general objectives of this     (Ord. 704, 1995)
chapter of moderating the size, number and
obtrusive placement of signs;                     Section 18.35.170 Conflicting provisions.
     5. The      special     conditions   and         If any provision of this chapter is found
circumstances do not result from the actions      to be in conflict with any provision of any
of the applicant;                                 zoning, building, fire safety or health
     6. The variance is the minimum that will     ordinance or code of the city, the provision
make possible the reasonable use of the           which establishes the higher standard shall
property.                                         prevail.
     C. Application        Procedures. The        (Ord. 465, 1985)
application procedure for a sign variance is
the same as for a zoning variance and
                                                  Section 18.35.180 Violation-Penalty.
regulations in Sections 18.52.020 through
18.52.060 of this code shall apply.               Violation of or failure to comply with any of
(Ord. 465, 1985)                                  the provisions of this chapter shall be subject
                                                  to a civil penalty as set forth in Chapter
Section 18.35.165 Enforcement                     1.14.. When violations are of a continuing
    In addition to all other methods of           nature, the penalty shall increase each day of
enforcement identified in this Chapter and        the violation as set forth in Section
elsewhere in this code, the City shall remove     1.14.050(5).
                                                  (Ord. 834, 2003)




                     (18.35 - 7)                                12/06/2004
                                                                         Langley Municipal Code
                                                                                          18.36

              Chapter 18.36                          appropriate, before submittal of an
                                                     application for city action under this title to
            ADMINISTRATION                           determine the general nature of the proposed
                                                     action and seek advice on the applicable
Sections:                                            plans, policies, and regulations, submittal
18.36.010       Applications.                        requirements, fees and expenses and the
18.36.015       Letter of Completeness               review and approval process. Pre-
18.36.017       Review of Application                application conferences are mandatory for
18.36.018       Environmental Review                 proposals requiring a recommendation by
18.36.020       Notification.                        the Planning Advisory Board and action by
18.36.025       Administrative Actions               the City Council. A pre-application
18.36.030       Staff Report                         conference may also be necessary for a
18.36.040       Planning Advisory Board              proposal requiring administrative action by
                Actions.                             the Planning Official.
18.36.050       City Council                         C. Required       Submittals.      For    each
                Actions/Decisions.                   application, the required submittals include
18.36.060       Council Closed Record                the following:
                Hearing and Action.                       1. The applicant, owner or owners
18.36.065       Procedures for Public                representative names and addresses, a
                Hearing                              certificate of ownership issued by a title
18.36.067       Procedures for Closed                insurance company authorized to do
                Record Appeals                       business in the state and indication of the
18.36.070       Review and                           person to be contacted regarding the
                Consideration.                       application;
18.36.075       Revocation or                             2. The names and addresses of the
                Modification.                        owners and residents of properties within
18.36.080       Denied or Revoked                    five hundred feet of the property which is
                Approvals and Permits.               the subject of the application and addressed,
18.36.090       Remanded Actions.                    pre-stamped envelopes.
18.36.100       Procedural Irregularities.                3. The legal description of the property
18.36.105       Final Decision                       which is the subject of the application and
18.36.110       Reconsideration.                     the street address and whether the property
18.36.120       Appeals.                             has been surveyed and, if so, if the property
18.36.125       Notice of Appeal Hearings            corners can be identified in the field;
18.36.130       Notice of Decision                        4. A detailed written narrative
18.36.140       Judicial Appeal                      description of the proposed action and
18.36.150       Administrative                       purpose of the application;
                Interpretation                            5. A site plan, to scale, indicating the
                                                     pertinent geographic, natural and cultural
18.36.010        Applications.                       features, and relationship to surrounding
     A. Applications       Defined.    These         properties;
procedures apply to rezones, plats (short and             6. A written statement specifying how
regular), conditional use permits, variances,        the proposed action meets the requirements
and shoreline development permits, binding           of this title and other applicable city
site plans, and related land use approvals as        requirements;
well as to proposals that require                         7. As applicable, descriptions of
administrative action by the City planning           proposed covenants, agreements, contracts,
official.                                            maintenance and operating procedures or
     B. Pre-application Conference. An               other conditions which apply to the
applicant shall meet with the city planning          proposed action;
and other city staff and consultants as


                                             18.36 - 1                                     04/2006
                                                                          Langley Municipal Code
                                                                                           18.36

    8. If applicable (as determined by the                4. Any supplemental information or
City Planning Official):                              special studies identified by the City
    a. Architectural drawings, to scale, of all       Planning Official.
exterior elevations of all structures with                D. For applications determined to be
exterior surface materials and colors                 incomplete, the City shall identify, in
specified;                                            writing, the specific requirements or
    b. Landscape plans indicating the                 information necessary to constitute a
existing natural vegetation, existing natural         complete application. Upon submittal of the
vegetation to be retained, vegetation to be           additional information, the City shall, within
installed and other landscape features such           fourteen (14) days, issue a letter of
as walls, patios, walks, etc.;                        completeness or identify what additional
    c. A SEPA checklist and other                     information is required. (Ord. 714, 1996) (Ord.
information required to determine the likely          868, 2006)
environmental impacts of the proposed
actions;                                              18.36.017       Review of Application
    9. The planning official may require                  Following the issuance of a letter of
such additional information as reasonably             completeness, the land use coordinator shall
necessary to fully and properly evaluate the          set a time certain for all affected city
proposal;                                             departments and any other entities or
    D. Fees Paid. The planning official               agencies with jurisdiction to provide
shall collect all fees and expense deposits           comments on the applications. The City
and record the date of acceptance. (Ord. 714,         Planning    Official     shall    determine
1996; Ord. 527, 1989) (Ord. 868, 2006)                compliance with City plans and regulations
                                                      and environmental regulations. (Ord. 714,
18.36.015        Letter of Completeness               1996)
     A. Upon receipt of a date-stamped
application, the planning official shall              18.36.018        Environmental Review
circulate the application to the appropriate               A. Developments subject to the
city departments for comments on the                  provisions of the State Environmental Policy
adequacy of the information provided in               Act (SEPA) shall be reviewed by the
making a determination of completeness.               Planning Official in accordance with the
     B. Within twenty-eight (28) days of              policies and procedures contained in
receiving a date-stamped application, the             Chapter 16.04 LMC.
city shall provide applicants with a written               B. SEPA review shall be conducted
determination that the application is                 concurrently with development project
complete or incomplete.                               review. The following are exempt for
     C. A project application shall be                concurrent review.
declared complete only when it contains all                1. Projects categorically exempt from
of the following materials;                           SEPA.
     1. A fully completed and signed,                      2. Components of previously approved
development application and all applicable            applications, to the extent permitted by law
review fees.                                          and consistent with environmental review
     2. A     fully     completed,    signed,         for the approved applications. (Ord. 714, 1996)
environmental checklist for projects subject
to review under the State Environmental               18.36.020        Notification.
Policy Act.                                               A. Notice of Development Application.
     3. The information specified for the                 1. Within fourteen (14) days of issuing
desired project in the appropriate chapters of        a letter of completeness under Chapter
the Langley Municipal Code.                           14.03, the City shall issue a Notice of
                                                      Development Application. The notice shall
                                                      include but not be limited to the following:


                                              18.36 - 2                                     04/2006
                                                                         Langley Municipal Code
                                                                                          18.36

    a. The name of the applicant.                          B. Notice of Public Hearing. Except as
    b. Date of application.                           otherwise required, public notification of
    c. The date of the letter of                      meetings, hearings, and pending actions
completeness.                                         under this title shall be made by:
    d. The location of the project.                        1. Publications at least ten (10) days
    e. A project description.                         before the date of a public meeting or
    f. The requested approvals, actions,              pending action, in the official newspaper or
and/or required studies.                              the newspaper of general circulation in the
    g. A public comment period of not less            city;
than fourteen (14) nor more than thirty (30)               2. Mailing at least ten (10) days before
days.                                                 the date of a public meeting or pending
    h. Identification          of      existing       action, to all property owners as shown on
environmental documents.                              the records of the county assessor and to all
    i. A City staff contact and phone                 street addresses of properties within five
number.                                               hundred (500) feet, not including street
    j. The date, time, and place of a public          rights-of-way, of the boundaries of the
hearing if one has been scheduled.                    property which is the subject of the meeting
    k. A statement that the decision on the           or pending action. Addressed, pre-stamped
application will be made within 120 days of           envelopes shall be provided by the
the date of the letter of completeness.               applicant; and
    2. Except as provided below, the                       3. Posting by the applicant of notices
Notice of Development Application will be             furnished by the City at least ten (10) days
furnished by the City and shall be posted by          before the meeting or pending action at the
the applicant on the subject property and at          Langley City Hall, post office and library
the Langley Library, City Hall and Post               and at least one notice on the subject
Office and published once in a newspaper of           property in a conspicuous location that is
general circulation.                                  readily visible from adjacent roadways. The
    3. The Notice of Development                      property notice shall stand until final action
Application shall be issued prior to and is           is taken by the City.
not a substitute for the required notice of a              C. If an open record hearing is required
public hearing.                                       and a threshold determination requiring
    4. A       Notice       of    Development         public notice is to be issued, the threshold
Application is not required for the following         determination must be issued at least 15
actions, when they are categorically exempt           days prior to the open record hearing.
from SEPA or environmental review has                      D. Content of Notice. The public notice
been completed.                                       shall include a general description of the
    a. Applications for building permits.             proposed project, the applicant, type of
    b. Applications          for   lot     line       approval requested, a non-legal description
adjustments.                                          of the property or a vicinity map or sketch,
    c. Applications for administrative                the time, date and place of the public
action.                                               hearing and the place where further
    5. Except for a determination of                  information may be obtained.
significance, the City will not issue a                    E. Applicants are encouraged to
threshold determination or issue a                    contact abutting property owners to inform
recommendation on a project permit until              them of the project proposal. Contacts with
the expiration of the public comment period           or attempts to contact adjacent owners
on an application, provided that this does            should be documented and provided as part
not apply to issuance of a determination of           of the application materials.
significance.                                              F. Continuations. If for any reason, a
                                                      hearing on a pending action cannot be
                                                      completed on the date set in the public


                                              18.36 - 3                                    04/2006
                                                                                   Langley Municipal Code
                                                                                                    18.36

notice, the hearing may be continued to a                     e. written code interpretations; and
date certain and no further notice is required,               f. other minor actions (e.g., remodeling
with environmental review for the approved                    existing commercial buildings to
applications. (Ord. 714, 1996; Ord. 771, 1999; Ord.           accommodate new businesses).
733, 1997; Ord. 788, 2000) (Ord. 868, 2006)
                                                              4. Notification of Application. The
18.36.025 Permit applications requiring                   Planning Official shall notify adjacent
administrative action by the planning                     property owners of the application as
official.                                                 identified above. Notification shall be made
    1. The City Planning Official may                     by mail only. The notice shall include:
administratively approve, approve with                        a. A detailed description of the
conditions, or deny applications for certain              proposal.
land use proposals. Such administrative                       b. A place where further information
permit applications are listed below. If an               may be obtained.
application is found to be consistent with the                c. An offer of an opportunity for
City’s zoning ordinance, Title 18 Langley                 public comment within fourteen (14) days of
Municipal Code, and with other applicable                 the date of the notice. (Ord. 868, 2006)
code provisions and City requirements, a
Certificate of Zoning Compliance or other                 18.36.030       Staff Report
appropriate approval shall be issued subject                  A. For all permit applications and other
to compliance with public notice                          proposals requiring a recommendation by
requirements.                                             the planning advisory board and action by
    2. Administrative permit applications                 the city council, the city planning official
requiring Notification of Application:                    shall prepare a staff report on the proposed
    a. Bed and breakfast rooms.                           development or action summarizing the
    b. Short subdivisions.                                comments and recommendations of the City
    c. Accessory dwelling units.                          departments, agencies with jurisdiction and
    d.        Shoreline     exemptions     and            the general public, incorporate all other
    shoreline       substantial development               pertinent information, comments and
    permits, except those permits where a                 correspondence related to the application,
    corollary permit is subject to the quasi-             and evaluate the proposal's consistency with
    judicial process.                                     the City's plans, policies, and regulations.
    e. Accessory buildings having a gross                 The staff report shall include the staff
floor area greater than twelve hundred                    findings,          conclusions,          and
square feet.                                              recommendations. (Ord. 527, 1989; Ord. 714,
                                                          1996) (Ord. 868, 2006)
    f. Tourist         Accommodations         -
Commercial.
                                                          18.36.040       Planning Advisory Board
    g. Reduction of yard setbacks as
                                                                          Actions.
provided for in Section 18.22.030.C LMC.
                                                               A. Public Hearings. After notification
    3. Administrative permit applications
                                                          and receipt of the staff report, the planning
not requiring Notification of Application,
                                                          advisory board shall hold a public hearing
including but not limited to:
                                                          for the purpose of taking testimony, hearing
    a. boundary line adjustments;
                                                          evidence, considering the facts germane to
    b. home occupations not requiring a
                                                          the proposal, and evaluating the proposal for
          conditional use permit;
                                                          consistency with the City's adopted plans,
    c. reductions of critical areas buffers
                                                          policies, and regulations. Hearings shall be
          as provided for in Section 16.20.070
                                                          held on the following applications and
          LMC;
                                                          subjects:
    d. critical/sensitive      areas    review
                                                               1. Amendments to the comprehensive
          pursuant to Chapter 16.20 LMC
                                                          plan when these are the responsibility of the
          requirements;


                                                  18.36 - 4                                       04/2006
                                                                           Langley Municipal Code
                                                                                            18.36

Planning Advisory Board (see Chapter                 time of occupancy, or a financial
18.20);                                              commitment is in place to complete the
    2. Amendments to the zoning code (in             improvements or strategies within six (6)
Title 18);                                           years of approval of the development.
    3. Amendments to the subdivision                      5. The area, location and features of
code (Title 17);                                     land proposed for dedication are a direct
    4. Amendments to the environmental               result of the development proposal, are
code (Title 16);                                     reasonably needed to mitigate the effects of
    5. Preliminary plats of subdivisions;            the development, and are proportional to the
    6. Binding site plans;                           impacts created by the development.
    7. Variances and conditional use                      C. Recommendations. After review of
permits;                                             the staff report and public testimony, the
    8. Shoreline substantial development             planning advisory board shall act on the
permits subject to public hearing;                   proposal, voting to recommend one of the
    9. Appeals of SEPA determinations of             following to the city council: approval,
non-significance and of the adequacy of a            approval with conditions, denial, or denial
final environmental impact statement of the          without prejudice of the applications or
underlying land use action.                          other action before it.
    10. Other actions requested or remanded          The recommendation shall include a
by the city council.                                 summary of the testimony heard and the
    B. Required Findings. The planning               findings and conclusions of the planning
advisory board shall not recommend                   advisory board and be promptly forwarded
approval of a proposed development or other          to the City Council for consideration. A
proposal unless it first makes the following         copy and the procedure for filing an appeal
findings and conclusions;                            of the planning advisory board’s decision
    1. The development is consistent with            shall be mailed to the applicant, and to any
the Comprehensive Plan and meets the                 person requesting a copy. (Ord. 714, 1996)(Ord.
requirements and intent of the applicable            868, 2006)(Ord. 873, 2006)
City code and regulations.
    2. The development makes adequate                18.36.050        City Council
provisions for open space, drainage ways,                             Actions/Decisions.
streets and other public ways, transit stops,             A. Actions.      Upon      receiving    a
water supply, sanitary waste, and parks and          recommendation from the planning advisory
recreation facilities.                               board or any other matter requiring the
    3. The development is beneficial to the          council's attention, the council shall perform
public health, safety and welfare and in the         the following actions as appropriate:
public interest.                                          1. Make a decision on a planning
    4. The development does not lower the            advisory board recommendation.
level of service of transportation and/or                 2. At the council's discretion, hold a
neighborhood park facilities below the               public hearing and make a decision on the
minimum standards established within the             following matters:
Comprehensive Plan. If the development                    a. Appeals         of      administrative
results in a level of service lower than those       approvals;
set forth in the Comprehensive Plan, the                  b. Appeals         of      administrative
development may be approved if                       interpretations;
improvements or strategies to raise the level             c. Appeals of determinations of
of service above the minimum standard are            significance.
made concurrent with the development. For                 3. Hold a closed record hearing and
the purpose of this section, "concurrent with        make a decision on the following;
the development" is defined as the required               a. Appeal of a planning advisory board
improvements or strategies in place at the           recommendation


                                             18.36 - 5                                     04/2006
                                                                          Langley Municipal Code
                                                                                           18.36

     B. Decisions. The City Council shall                  Public hearings shall be conducted in
make its decision by motion, resolution or            accordance with the hearing body's rules of
ordinance as appropriate.                             procedure and shall serve to create or
     1. A Council decision on a planning              supplement an evidentiary record upon
advisory     board      recommendation       or       which the body will base its decision. The
following a public hearing shall include one          chair shall open the public hearing and, in
of the following actions:                             general, observe the following sequence of
     a. Approve as recommended.                       events.
     b. Approve with additional conditions.                A. Staff        presentation,    including
     c. Modify,       provided      that    the       submittal of any administrative reports.
modifications do not:                                 Members of the hearing body may ask
     (1) Enlarge the area or scope of the             questions of the staff.
project.                                                   B. Applicant presentation, including
     (2) Increase the density or proposed             submittal of any materials. Members of the
building size.                                        hearing body may ask questions of the
     (3) Significantly     increase     adverse       applicant.
environmental impacts as determined by the                 C. Testimony or comments by the
responsible official.                                 public germane to the matter. Questions
     d. Deny (reapplication or re-submittal           directed to the staff or the applicant shall be
is permitted).                                        posed by the chair at its discretion.
     e. Deny with prejudice (reapplication                 D. Rebuttal, response or clarifying
or re-submittal is not allowed for one year).         statements by the staff and the applicant.
     f. Remand for further consideration in                E. The evidentiary portion of the
accordance with Section 18.36.090.                    public hearing shall be closed and the
     2. A Council decision following a                hearing body shall deliberate on the matter
closed record appeal hearing shall include            before it. (Ord. 714, 1996)
one of the following actions;
     a. Grant the appeal in whole or in part.         18.36.067       Procedures for Closed
     b. Deny the appeal in whole or in part.                          Record Appeals
     c. Remand for further consideration in           Closed record hearings shall be conducted in
accordance with Section 18.36.090. (Ord. 714,         accordance with the hearing body's rules of
1996)                                                 procedure and shall serve to provide
                                                      argument and guidance for the body's
18.36.060       Council Closed Record                 decision. Closed record hearings shall be
                Hearing and Action.                   conducted generally as provided for public
     A. Hearing Date. If the city council             hearings. No new evidence or testimony
wishes to consider changes in the                     shall be given or received. The parties to the
recommendations received, it shall without            appeal may submit timely written statements
further consideration, set a date for a closed        or arguments. (Ord. 714, 1996)
record public hearing within thirty days.
      B. Council Action. After the closed             18.36.070       Review and
record public hearing, council actions shall                          Consideration.
state in the written record the findings,                 A. Review of Approved Permits. Any
conclusions and rationale that led to the             permit subject to this chapter may be
decision. Reconsideration of council actions          reviewed if the conditions of the permit or
may be requested per procedures in Section            approval or the requirements of this title are
18.36.110 of this code. (Ord. 527, 1989; Ord.         not being met, the use is creating a nuisance
714, 1996)                                            or hazard, the use permitted has been
                                                      abandoned or the approval was obtained by
18.36.065        Procedures for Public                fraud or deception.
                 Hearing


                                              18.36 - 6                                     04/2006
                                                                               Langley Municipal Code
                                                                                                18.36

    B. Initiation of Review. The review of                 appeal is insufficient or otherwise flawed,
an approval or permit may be initiated by:                 the council may remand the matter back to
the Mayor or his or her designee.                          the planning advisory board to correct the
    C. Mayor Review. The mayor or his or                   deficiencies. The council shall specify the
her designee, shall investigate the                        items or issues to be considered and the time
allegations and:                                           frame for completing the additional work.
    1. Notify the property owner or permit                 The planning advisory board shall have the
holder of the alleged deficiencies;                        discretion to reopen the public hearing as
    2. Direct action to remedy deficiencies                necessary to take additional testimony on the
within a specified time;                                   items or issues of remand only. (Ord. 714,
    3. Refer the action to the city attorney;              1996)
and/or;
    4. Refer the matter to the city council.               18.36.100        Procedural Irregularities.
(Ord. 527, 1989, Ord. 714,1996)(Ord. 834, 2003)(Ord.           No procedural irregularity or informality
868, 2006)                                                 in the notice, process, review or hearing of
                                                           any matter under this title shall affect the
18.36.075        Revocation or                             final decision unless the substantial rights of
                 Modification.                             a person with a demonstrable interest in the
    Upon a finding that the permitted                      decision are affected. (Ord. 527, 1989; Ord. 714,
activity does not comply with the conditions               1996)
of approval or the provisions of this title or
creates a nuisance or hazard, the city council             18.36.105        Final Decision
may delete, modify or impose such                               A. Time. The final decision on a
conditions on the approval it deems                        development proposal shall be made within
sufficient to remedy the deficiencies.                     120 days from the date of the letter of
    If the council finds no reasonable                     completeness. Exceptions to this include:
conditions, which would remedy the                              1. Amendments to the comprehensive
deficiencies, the permit or approval shall be              plan or development code.
revoked and become null and void and the                        2. Any time required to correct plans,
activity allowed by the permit shall                       perform studies or provide additional
immediately cease. (Ord. 527, 1989)(Ord. 868,              information, provided that within fourteen
2006)                                                      (14) days of receiving the requested
                                                           additional information, the planning official
18.36.080        Denied or Revoked                         shall determine whether the information is
                 Approvals and Permits.                    adequate to resume the project review.
    A. Denial or Revocation. If an                              3. Substantial project revisions made
application or approval is denied or an                    or requested by an applicant, in which case
approval is revoked, no similar application                the 120 days will be calculated from the
for that site shall be accepted for one year               time that the City determines the revised
from the date of final action and appeal, if               application to be complete.
any. After one year, a similar application                      4. All time required for the preparation
may be made and shall be processed as a                    and review of an environmental impact
new application.                                           statement.
    B. Denial Without Prejudice. If an                          5. Projects involving the siting of an
application is denied without prejudice, a                 essential public facility.
new application is permitted at any time.                       6. An extension of time mutually
(Ord. 527, 1989, Ord. 714, 1996)                           agreed upon by the City and the applicant.
                                                                7. All time required to obtain a
18.36.090       Remanded Actions.                          variance.
    In the event the City council determines                    8. Any remand to the hearing body.
that the public hearing record or record on



                                                   18.36 - 7                                       04/2006
                                                                           Langley Municipal Code
                                                                                            18.36

    9. All time required for the                            C. Filing. Except where otherwise
administration appeal of a determination of            specified, a written notice of appeal shall be
significance.                                          filed with the city clerk within ten days after
    B. Effective Date. The final decision of           the date of the decision or recommendation
the council or planning advisory board shall           being appealed.
be effective on the date stated in the                      2. Contents. The notice of appeal shall
decision, motion, resolution, or ordinance,            contain:
provided that the date from which appeal                    a. The decision being appealed;
periods shall be calculated shall be the date               b. The name and address of the
the council or planning advisory board takes           appellant and his/her interest in the matter;
action on the motion, resolution, or                        c. The specific reason(s) why the
ordinance. (Ord. 527, 1989, Ord. 714, 1996; Ord.       appellant believes the decision to be wrong.
714, 1996)                                             The appellant shall bear the burden of proof
                                                       that the decision was wrong;
18.36.110         Reconsideration.                          d. The desired outcome or changes to
    A party to a public hearing or closed              the decision; and
record appeal may seek reconsideration only                 e. The appeals fee.
of a final decision by filling a written                    D. Effect of Filing. Upon the filing of a
request for reconsideration with the City              complete and timely notice of appeal, the
Clerk within five (5) days of the final                appealed decision shall be suspended until
decision. The request shall comply with                the notice of appeal is acted upon. The time
Chapter 18.36.120. The council or hearing              of suspended decision shall not be included
body shall consider the request at its next            in the computation of the expiration date of
regularly scheduled meeting, without public            any permit or approval granted on the matter
comment or argument by the party filing the            under appeal.
request. If the request is denied, the previous             E. Notification. A copy of the appeal
action shall become final. If the request is           shall be sent to the applicant for the decision
granted, the council or hearing body may               being appealed. Notification of review shall
immediately revise and reissue its decision            be mailed to the parties of record to the
or may call for argument in accordance with            original application. (Ord. 714, 1996)
the procedures for closed record appeals.
Reconsideration should be granted only                 18.36.125        Notice of Appeal Hearings
when an obvious legal error has occurred or                In addition to the posting and
a material factual issue has been overlooked           publication requirements of Chapter
that would change the previous decision.               18.36.020 A(2), notice of appeal hearings
(Ord. 714, 1996)                                       shall be as follows:
                                                           A. For administrative approvals, notice
18.36.120        Appeals.                              shall be mailed to adjacent property owners.
    A. Appeal          of       Administrative             B. For planning advisory board
Interpretations         and         Approvals.         recommendations, mailing to parties of
Administrative        interpretations      and         record from the board hearing. (Ord. 714, 1996)
administrative approvals may be appealed,
by applicants or parties of record, to the City        18.36.130        Notice of Decision
Council or planning advisory board, as                     A written notice of all final decisions
appropriate.                                           shall be sent to the applicant and all parties
    B. Appeal of Planning Advisory Board               of record. For development applications
Recommendations. Recommendations of the                requiring planning advisory board review
planning advisory board may be appealed,               and City Council approval, the notice shall
by applicants or parties of record from the            be the signed ordinance or resolution. (Ord.
planning advisory board hearing to the city            714, 1996)
council.


                                               18.36 - 8                                     04/2006
                                                             Langley Municipal Code
                                                                              18.36

18.36.140        Judicial Appeal
     A. Appeals from the final decision of
the City Council or other City board or body
and for which all other appeals specifically
authorized have been timely exhausted, shall
be made to Island County Superior Court
within twenty-one (21) days of the date the
decision or action became final, unless
another time period is established by state
law or local ordinance.
     B. Notice of the appeal and any other
pleadings required to be filed with the court
shall be served on the City Clerk, Planning
Official, and City Attorney within the
applicable time period.
     C. The cost of transcribing and
preparing all records ordered certified by the
court or desired by the appellant for such
appeal shall be borne by the appellant. The
appellant shall post with the City Clerk prior
to the preparation of any records an advance
fee deposit in the amount specified by the
City Clerk. Any overage will be promptly
returned to the appellant. (Ord. 714, 1996)

18.36.150         Administrative
                  Interpretation
    Upon request or as determined
necessary, the City Planning Official shall
be responsible for interpreting the meaning
or application of the provisions of Chapters
16 and 18 of this code. If written
interpretations are requested, the request for
interpretation shall be written and shall
concisely identify the issue and desired
interpretation. (Ord. 714, 1996)




                                                 18.36 - 9                  04/2006
                                                                        Langley Municipal Code
                                                                                         18.38

               Chapter 18.38                             6. The benefit or cost to the public
                                                     health, safety and welfare is sufficient to
             AMENDMENTS                              warrant the action.
                                                         C. Burden of Proof. The applicant must
Sections:                                            demonstrate that the proposed rezone meets
18.38.010       Scope.                               the conditions of the required findings
18.38.020       Initiation of text                   above. (Ord. 527, 1989)
                amendments.
18.38.030       Rezones.                             18.38.040        Contract rezone.
18.38.040       Contract rezone.                         The city may impose conditions on the
18.38.050       Amendment procedures.                use and development of the property to be
                                                     rezoned which may mitigate otherwise
18.38.010          Scope.                            unacceptable adverse effects of the proposed
    After review and recommendation by               action.   These      conditions       may be
the planning advisory board, the city council        incorporated into a contract between the city
may supplement, or change by ordinance,              and the property owner as a necessary
any of the provisions, zone district                 requirement of the rezone. Failure to fulfill
boundaries, or zone district classifications         the contract conditions can provide the basis
herein. (Ord. 527, 1989)                             for the property to revert to the original
                                                     zoning classification. (Ord. 527, 1989)
18.38.020       Initiation of text
                amendments.                          18.38.050         Amendment procedures.
    Amendments to the text of this title may              The application requirements, review
be initiated by the city council or the              procedures, public notification requirements
planning advisory board. (Ord. 527, 1989)            and procedures for recommendations and
                                                     actions are described in Chapter 18.36 of
18.38.030         Rezones.                           this code. (Ord. 527, 1989)
     A. Initiation. Amendments to the zone
district boundaries or zone classifications
may be initiated by the city council,
planning advisory board or petition of
owners of fifty-one percent of the area of the
properties to be rezoned.
     B. Required Findings. Amendments to
the zone district boundaries or classification
may be made if all the following findings
are made:
     1. The amendment is consistent with
the purposes of the comprehensive plan;
     2. The amendment is consistent with
the purposes of this title;
     3. The amendment is consistent and
compatible with the uses and zoning of the
surrounding property;
     4. There have been significant changes
in the circumstances of the property to be
rezoned or surrounding properties to warrant
a change in classification;
     5. The property is practically and
physically suited for the uses allowed in the
proposed zoning classification;


                                             18.38 - 1                                12/06/2001
                                                                   Langley Municipal Code
                                                                                    18.42

               Chapter 18.42                         for in Chapter 18.46 of the Langley
                                                     Municipal Code. (Ord. 621, 1992)
            ENFORCEMENT

Sections:
18.42.010       Enforcing official.
18.42.020       Right of entry.
18.42.030       Licenses and permits.
18.42.040       Reporting requirements.

18.42.010       Enforcing official.
    The mayor shall be responsible for the
enforcement of this title. (Ord. 527, 1989)

18.42.020           Right of entry.
     The enforcement official or his/her
designee may enter, at reasonable times,
with the permission of the owner, any
building, structure or premises in the city to
perform any duty imposed upon him by this
title. (Ord. 527, 1989)

18.42.030         Licenses and permits.
     A. No license or other permit shall be
issued until the plans, specifications,
occupancy and use of the structure conforms
to the requirements of this title.
     B. No building permit or other permit
shall be issued until the conditions of
approval, if any, plans, specifications,
occupancy and use of the structure conform
to the requirements of this title.
     C. No license, permit or approval shall
be granted until all fees and expenses
required and incurred under this title have
been paid. (Ord. 527, 1989)

18.42.040        Reporting requirements.
    Owners of property whose use of the
property generates or otherwise results in
hazardous waste being located on the
property, shall file a "Hazardous Waste
Information Report" with the city by May
30, 1992 and each year thereafter. The form
for the report will be furnished by the city.
The purpose of the report is to provide
information for emergency response
personnel and for notifying property
owners/business of regulatory requirements.
Failure to file the form, as required, shall
result in assessment of a penalty as provided


                                             18.42 - 1                         12/06/2001
                                                                        Langley Municipal Code
                                                                                         18.44

               Chapter 18.44                         one hundred percent of the estimated value
                                                     of the entire completed improvement.
                SURETIES                                  E. All releases of cash or bond sureties
                                                     shall be approved in writing by the mayor.
Sections:                                            (Ord. 527, 1989)
18.44.010       Site improvement sureties.
18.44.020       Maintenance sureties.
18.44.030       Release of sureties.

18.44.010        Site improvement sureties.
    Before the issuance of any permit or
approval to build, use or occupy any
building or site for which site improvements
are required as a condition of the permit or
approval, the city may require that the owner
shall provide a suitable bond surety, to
ensure the site improvements are completed
before use or occupancy of the site. (Ord.
527, 1989)

18.44.020       Maintenance sureties.
    Before the release of a site improvement
surety bond, the city may require that the
owner shall provide a bond or other surety,
acceptable to the city, to ensure the
maintenance of the site improvements in an
amount fifteen percent of the cost of the site
improvements and may be released two
years after the release of the site
improvement surety. (Ord. 527, 1989)

18.44.030        Release of sureties.
    The mayor shall not release sureties for
completed or partially completed required
improvements except under the following
conditions:
    A. The sub-divider has submitted a
schedule of improvements, the sequence for
completion and the value of each part of the
improvement for which a release of cash or
bond surety may be sought.
    B. Each segment of a required
improvement shall be useable by itself
without completion of the remainder of the
improvement.
    C. Each segment shall receive final
inspection and approval by the city before
release of the cash or bond surety for that
part of the improvement.
    D. All partial releases on each
improvement shall constitute no more than


                                             18.44 - 1                                12/06/2001
                                                        Langley Municipal Code
                                                                         18.46

                 Chapter 18.46

                  PENALTIES

Sections:
18.46.010          Penalty.
18.46.020          Nuisance.

18.46.010       Penalty.
    Violation of or failure to comply with
any of the provisions of this title shall be
subject to a civil penalty as set forth in
Chapter 1.14. When violations are of a
continuing nature, the penalty shall increase
each day of the violation as set forth in
Chapter 1.14.050(5).
(Ord. 527, 1989) (Ord. 832, 2003)

18.46.020         Nuisance.
     The use of property contrary to the
requirements of this title or any permission
or approval granted under this title shall
constitute a public nuisance. The city
reserves and may exercise its authority to
abate public nuisances and may pursue any
civil remedy, at law or equity, to eliminate
any public nuisance and restore any property
to its lawful use. (Ord. 527, 1989)




                                            18.46 - 1               12/15/2003

								
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