11-1-1: PURPOSE; PRINCIPLES; TITLE: by U4Hh79

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									         CITY OF ROY

              TITLE 11
LAND DEVELOPMENT CODE

                       Exhibit A
            Ordinance No. 836
        Effective July 22, 2009
             RCC TITLE 11 -- LAND DEVELOPMENT CODE
General Provisions and Permit Processing Requirements
CHAPTER 1         General Provisions
CHAPTER 2         Administration and Enforcement
CHAPTER 3         Definitions
CHAPTER 4         Types of Project Permit Applications
CHAPTER 5         Type I-IV Project Permit Applications
CHAPTER 6         Public Notice
CHAPTER 7         Consistency with Development Regulations and SEPA
CHAPTER 8         Open Record Public Hearings
CHAPTER 9         Closed Record Decisions and Appeals
CHAPTER 10        (Reserved)

Zoning Regulations
CHAPTER 11       Zoning Districts, Maps and Boundaries
CHAPTER 12       Single Family Residential (SFR) District
CHAPTER 13       Traditional Residential Design (TRD) District
CHAPTER 14       Multi-Family Residential (MFR) District
CHAPTER 15       Commercial (C) District
CHAPTER 16       Industrial Park (IP) District
CHAPTER 17       Rodeo (R) District
CHAPTER 18       Mixed Use (MU) District
CHAPTER 19       Western Design Overlay (WDO) District
CHAPTER 20       Public Facilities Overlay (PFO)
CHAPTER 21       Railroad Overlay (RO)
CHAPTER 22       Specific Use and Structure Regulations
CHAPTER 23       Parking and Circulation
CHAPTER 24       Landscaping
CHAPTER 25       Wireless Communication Facilities
CHAPTER 26       Signs
CHAPTER 27       Design Standards and Guidelines for Small Lot and
                 Multifamily Development
CHAPTER 28       Design Standards and Guidelines for Streetscape Elements
CHAPTER 29       (Reserved)
CHAPTER 30       Discretionary Land Use Permits
CHAPTER 31       Planned Developments
CHAPTER 32       Variances
CHAPTER 33       Administrative Use Permits
CHAPTER 34       Conditional Use Permits
CHAPTER 35       Site Plan Review
CHAPTER 36       Amendments to Zoning Map and Development Regulations
CHAPTER 37       Development Agreements
CHAPTER 38       Voluntary Agreements
CHAPTER 39       (Reserved)

RCC Title 11                        2                     Effective July 22, 2009
Land Development Code                                         Ordinance No. 836
Subdivision Regulations
CHAPTER 40       Land Divisions – General Provisions
CHAPTER 41       Boundary Line Adjustments
CHAPTER 42       Short Plats
CHAPTER 43       Preliminary Plats
CHAPTER 44       Final Plats
CHAPTER 45       Plat Vacation and Alteration
CHAPTER 46       General Requirements for Subdivision Approval
CHAPTER 47       Subdivision Improvements




RCC Title 11                        3                     Effective July 22, 2009
Land Development Code                                         Ordinance No. 836
CHAPTER 11-1            GENERAL PROVISIONS

SECTION:
11-1-1         Title
11-1-2         Purpose
11-1-3         Principles

11-1-1:      TITLE: The provisions of this title shall be known and may be cited
as the Roy Land Development Code.

11-1-2:         PURPOSE: In adopting this title, the city recognizes that there is a
continuing need to regulate the use of land to promote the public health, safety,
and general welfare. The city recognizes the opportunities to retain a small town
environment without unreasonably restricting private enterprise or initiative and
further to encourage high quality development without unduly high public or
private expenditures for development. The comprehensive ordinance codified in
this title is adopted for the following purposes:

A.     To establish administrative procedures for the processing of project permit
       applications;

B.     To establish land division regulations governing the subdivision of land;

C.     To establish zoning regulations governing the use, location and design of
       real property and associated improvements;

D.     To establish environmental regulations governing the process for
       reviewing, analyzing, and mitigating projects having the potential to impact
       the environment;

E.     To establish sign regulations governing the design, installation and
       maintenance of commercial, residential, public, and other signage; and

F.     To establish design guidelines that provide direction to homebuilders,
       developers, city staff, and appointed and elected officials who will be
       involved in the review of development proposals.

11-1-3:       PRINCIPLES: This title, in order to obtain the greatest benefits
from the opportunities that exist in the city, has been prepared in accordance with
the following principles:

A.     This title is based on the city's comprehensive plan with respect to the
       general pattern of future land uses and the principles of future
       development expressed in said plan.


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Land Development Code                                                 Ordinance No. 836
B.     This title recognizes the importance to the community of all legitimate uses
       of land. This title further recognizes the need for certain uses to be
       protected from other uses that are incompatible. Certain districts are
       exclusive with respect to other zoning districts in terms of the types of
       uses permitted. For example, the industrial park district is protected from
       encroachment by residential uses as firmly as residential districts are
       protected from industrial uses. Other districts encourage a mix of
       complementary and compatible uses where appropriate.

C.     Development standards are based on the best accepted contemporary
       practice, rather than on past practices. Contemporary practice recognizes
       the need for more flexible regulation than in the past, with more
       administrative discretion concerning land development decisions. In order
       to apply such discretion in a consistent and equitable manner, however,
       explicit standards and more generalized guidelines are incorporated into
       this title to ensure that critical design issues are fully addressed in
       development plans. City review of development plans is required to
       ensure code compliance and achieve well designed and properly
       integrated developments that fit within the context of their surroundings.

D.     Uses that would adversely affect adjoining uses or the public welfare,
       unless regulated in a particular way and meeting established standards
       and criteria, may be allowed as administrative use permits subject to
       review by the city planner or conditional use permits subject to review by
       the hearing examiner.




RCC Title 11                            5                        Effective July 22, 2009
Land Development Code                                                Ordinance No. 836
CHAPTER 11-2            ADMINISTRATION AND ENFORCEMENT

SECTION:
11-2-1         Interpretation
11-2-2         Administrative Interpretations
11-2-3         Enforcement
11-2-4         Violation; Penalty; Abatement
11-2-5         Issuance of Permit on Illegally Divided Land
11-2-6         Sale, Lease or Transfer of Illegally Divided Land
11-2-7         Severability

11-2-1: INTERPRETATION:

A.     Minimum Requirements: In their interpretation and application, the
       provisions of this title shall be held to be the minimum requirements for the
       promotion of the public health, safety and welfare.

B.     More Restrictive Provisions Control: Where the conditions imposed by any
       provision of this title upon the use of land or buildings or upon the bulk of
       buildings are either more restrictive or less restrictive than comparable
       conditions imposed by any other provision of this title or of any other law,
       ordinance, resolution, rule or regulation of any kind, the regulations which
       are more restrictive or which impose higher standards or requirements
       shall govern.

C.     Easements, Covenants, and Private Agreements: This title is not intended
       to abrogate any easement, covenant or any other private agreement;
       provided, that where the regulations of this title are more restrictive or
       impose higher standards or requirements than such easements,
       covenants or other private agreements, the requirements of this title shall
       govern.

D.     Nonconforming Buildings, Structures, Signs: No building, structure, sign or
       use which was not lawfully existing at the time of the adoption hereof shall
       become, or be made, lawful solely by reason of the adoption of this title;
       and to the extent that, and in any manner, the unlawful building, structure,
       sign or use is in conflict with the requirements of this title, the building,
       structure, sign or use remains unlawful under this title.

11-2-2:       ADMINSTRATIVE INTERPRETATIONS: The city planner may,
acting on his or her own initiative or in response to an inquiry, issue
interpretations of any of the provisions of this title.

A.     Basis. The interpretations shall be based on:


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Land Development Code                                                 Ordinance No. 836
       1. The defined or the common meaning, as applicable, of the words in the
       provision;

       2. The general purpose of the provision as expressed in the provision; and

       3. The logical or likely meaning of the provision viewed in relation to the
       comprehensive plan.

B.     Enforcement of Interpretation: An interpretation of this title will be
       enforced as if it is part of this title.

C.     Interpretations Made in Writing: All interpretations of this title must be
       made in writing describing how the interpretation meets criteria listed in
       subsection A of this section. These interpretations, filed sequentially, are
       available for public inspection and copying in the city clerk-treasurer’s
       office during regular business hours.

D.     An administrative interpretation is classified as a Type II action and may
       be appealed in accordance with chapter 11-9.

11-2-3:        ENFORCEMENT: It shall be the duty of the city planner, building
inspector, the chief of police and deputies to enforce all provisions of this title. No
oversight or dereliction on the part of the city planner, building inspector, the chief
of police or officers or any official or employee of the city vested with the duty or
authority to issue permits or licenses shall legalize, authorize, waive or excuse
the violation of any of the provisions of this title. No permit or license for any use,
building or purpose shall be issued by any official or employee of the city if the
same would be in conflict with the provisions of this title or of any other ordinance
not in force referring to this title. Any permit or license so issued shall be null and
void.

11-2-4:        VIOLATION; PENALTY; ABATEMENT:

A.     Penalty Imposed: Any person, firm or corporation violating any of the
       provisions of this title is guilty of a misdemeanor, and upon conviction
       thereof shall be punished by a fine not exceeding one thousand dollars
       ($1,000.00), or by imprisonment for a maximum term fixed by the court of
       not more than ninety (90) days or by both such fine and imprisonment.
       Each day's continued violation shall constitute a separate additional
       violation.

B.      Abatement; Remedial Action: In case any building, structure or sign is
        erected, constructed, reconstructed, altered, converted or maintained, or
        any building, structure, land or sign is used in violation of this title, the
        proper legal authorities of the city, in addition to other remedies, may
        institute appropriate action, prevent such unlawful erection, construction,
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Land Development Code                                                    Ordinance No. 836
       reconstruction, alteration, conversion, maintenance or use, to restrain,
       correct or abate the violation, to prevent the occupancy of the building,
       structure or land or to prevent any illegal act, conduct, business or use in
       or about any building, structure or land.

C.     In addition to the imposition of fines as authorized by subsection A of this
       section and the remedial actions taken under subsection B of this section,
       the city may refuse to issue any further building permits, or may issue and
       enforce stop work orders for any construction upon a lot, tract or parcel of
       land divided in violation of this title, and may continue to do so until all lots,
       tracts or parcels of land within the particular subdivision have been divided
       in accordance with applicable state law and this title.

11-2-5:       ISSUANCE OF PERMIT ON ILLEGALLY DIVIDED LAND: No
building permit or other development permit shall be issued for any lot, tract or
parcel of land divided in violation of Chapters 58.17 RCW or this title unless the
city planner finds that the public interest will not be adversely affected thereby.
The prohibition contained in this section shall not apply to an innocent purchaser
for value without actual notice.

11-2-6:      SALE, LEASE OR TRANS.F.ER OF ILLEGALLY DIVIDED LAND:
No lot or any portion of land divided in violation of state law or this title shall be
sold, leased or transferred until such lot, tract or parcel has been divided in
accordance with applicable state law or this title.

11-2-7:         SEVERABILITY: The provisions of this title are declared separate
and severable. The invalidity of any clause, sentence, paragraph, subdivision,
section or portion of this title or the invalidity of the application thereof to any
person or circumstance shall not affect the validity of the remainder of this title, or
the validity of its application to other persons or circumstances.




RCC Title 11                               8                          Effective July 22, 2009
Land Development Code                                                     Ordinance No. 836
11-1-3: DEFINITIONS:

SECTION:
11-3-1         Interpretation
11-3-2         Definition of any word or phrase not listed
11-3-3         Definitions

11-13-1     Interpretation: For the purposes of this title, certain terms or
words used herein shall be interpreted as follows:

A.     Person: The word "person" includes "firm", "association", "organization",
       "partnership", "trust", "company", or "corporation" as well as an
       "individual".

B.     Tense: The present tense includes the future tense, the singular number
       includes the plural, and the plural number includes the singular.

C.     Mandatory Versus Permissive: The word "shall" is mandatory, the word
       "may" is permissive, and the word “should” implies there is flexibility in
       how a guideline may be addressed or satisfied.

D.     Used Or Occupied: The words "used" or "occupied" include the words
       "intended", "designed", or "arranged to be used or occupied".

E.     Lot: The word "lot" includes the words "plot" and "parcel".

11-13-2       Definition of any word or phrase not listed: The definition of any
word or phrase not listed in this chapter that is in question when administering
this title shall be as defined from one of the following sources that are
incorporated herein by reference. These sources shall be utilized by finding the
desired definition from source A, but if it is not available there, then source B may
be used and so on. Sources are as follows:

A.     City development regulations;

B.     Any city resolution, ordinance, code or regulation;

C.     Any statute or regulation of the state of Washington (i.e., the most
       applicable);

D.     Legal definitions from case law or a law dictionary;

E.     The common dictionary.


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Land Development Code                                                    Ordinance No. 836
11-13-3        Definitions of Words and Terms:

ABANDON: When used in chapter 11-25, to cease operation for a period of 90
or more consecutive days, or to reduce the effective radiated power of an
antenna by 75 percent for 90 or more consecutive days.

ACCESSORY BUILDING OR STRUCTURE: A building or structure, attached or
detached from a principal building located on the same lot, the use of which is
incidental, related and clearly subordinate to the principal use of the land or
building. With the exception of an accessory dwelling unit, an accessory building
or structure is used by the occupants of the principal building.

ACCESSORY DWELLING UNIT: A second dwelling unit added to a single-family
detached dwelling or created within and on the same lot as a single-family
detached dwelling unit, which is designed as a completely independent unit
which provides for living, sleeping, cooking and sanitation.

ACCESSORY USE: A use incidental, related, and clearly subordinate to the
principal use of a lot or main building. An accessory use is only located on the
same lot as a permitted principal use.

ADULT ENTERTAINMENT BUSINESS: One or a combination of more than one,
of the following types of businesses: adult motion picture theater, adult mini-
motion picture theater, or adult cabaret or nightclub featuring topless or
bottomless or nude dancers, strippers, or similar entertainers of either sex
displaying specified anatomical areas in the course of any performance or
exhibition.

ADULT MINI-MOTION PICTURE THEATER OR PANORAM OR PEEP SHOW:
A building having as its principal use the presentation of material characterized
by emphasis on portrayals of specified anatomical areas and/or specified sexual
activities for observation in individual viewing booths by patrons therein.

ADULT MOTION PICTURE THEATER: A building with the capacity of two (2) or
more persons, having as its principal use the display therein of motion pictures
characterized by their emphasis on portrayals of specified anatomical areas
and/or specified sexual activities for observation by patrons.

ADVERTISING COPY:           Any sign graphics, background colors, logos or
trademarks that identify or promote the sign user or any product or service; or
that provides information about the sign user, the building or the products or
services available.

AGRICULTURE: The use of land for agricultural purposes, including farming,
dairying, pasturage, horticulture, floriculture, viticulture, apiaries, and animal and
poultry husbandry, and the necessary accessory uses for storing produce;
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Land Development Code                                                       Ordinance No. 836
provided, however, that the operation of any such accessory use shall be
incidental to that of normal agricultural activities.

ALLEY: A public right-of-way or city-approved private way, providing secondary
access to adjacent property, which has less than 200 average daily trips and is
no more than 30 feet in width.

AMENDMENT: A change in the wording, context or substance of this title or the
comprehensive plan; a change in the official zoning map or comprehensive plan
map; or a change to a condition of approval or modification of a permit or plans
reviewed or approved by the city planner, hearing examiner, planning
commission, or city council.

ANTENNA: Any exterior apparatus designed for telephonic, radio, data, Internet,
or television communication through the sending and/or receiving of
electromagnetic waves, and includes equipment attached to a tower or building
for the purpose of providing personal wireless services, including unlicensed
wireless telecommunications services, wireless telecommunications services
utilizing frequencies authorized by the Federal Communications Commission for
cellular, enhanced specialized mobile radio and personal communications
services, telecommunications services, and its attendant base station. Such
apparatus include, but are not limited to:

   Ancillary Antenna: An antenna that is less than 12 inches in its largest
   dimension and that is not directly used to provide wireless communications
   services. An example would be a global positioning satellite (GPS) antenna.

   Panel Antenna: A directional antenna that transmits and receives radio
   frequency signals in a specific directional pattern of up to 120 degrees, which
   is typically thin and rectangular in shape.

   Parabolic (Or Dish) Antenna: A bowl shaped device for the reception and/or
   transmission of communications signals in a narrow and specific direction.

   Tubular Antenna: A hollow tube, typically 12 inches in diameter, containing
   either omnidirectional or directional antenna(s), depending on the specific site
   requirement; often used as a means to mitigate the appearance of antenna(s)
   on top of light standards and power poles.

   Whip Antenna: An omnidirectional antenna that transmits and receives radio
   frequency signals in a 360 degree radial pattern, which is typically 4 inches or
   less in diameter.




RCC Title 11                            11                       Effective July 22, 2009
Land Development Code                                                Ordinance No. 836
ANTENNA HEIGHT: The vertical distance measured from the base of the
antenna support structure at grade to the highest point of the structure even if
said highest point is an antenna. Measurement of tower height shall include
antenna, base pad, and other appurtenances and shall be measured from the
finished grade of the parcel. If the support structure is on a sloped grade, then
the average between the highest and lowest grades shall be used in calculating
the antenna height.

ANTENNA SUPPORT STRUCTURE: Any pole, telescoping mast, tower, tripod,
or other structure which supports a device used in the transmitting or receiving of
radio frequency signals.

APARTMENT: A dwelling unit in a multi-family building.

APARTMENT HOUSE (MULTI-FAMILY DWELLING): Any building, or portion
thereof, which is designed, built, rented, leased, let or hired out to be occupied,
or which is occupied, as the home or residence of three (3) or more families living
independently of each other and doing their own cooking in the said building, and
shall include flats and apartments.

APPLICANT: The person, party, firm, corporation, or other legal entity that
proposes any activity. The applicant is the owner of the land on which the
proposed activity would be located, a contract vendee, a lessee of the land, the
person who would actually control and direct the proposed activity, or the
authorized agent of such a person.

ARTICULATION: The giving of emphasis to architectural elements such as
windows, balconies, entries, etc., which create a complementary pattern of
rhythm, dividing large buildings into smaller identifiable pieces. Articulating a
building to divide up its mass and reduce its apparent size may be accomplished
through facade modulation.

ASSISTED LIVING FACILITY: Means any of the following:

A.     Congregate Care Facility. A building or complex of dwellings specifically
       designed for occupancy by senior citizens which provides for shared use
       of facilities, such as kitchens, dining areas, and recreation areas. Such
       complexes may also provide kitchens and dining space in individual
       dwelling units, and practical nursing care.

B.      Convalescent Home. Any home, place, institution or facility which
        provides convalescent or chronic care, or both, for a period in excess of
        24 consecutive hours for three or more patients not related by blood or
        marriage to the operator, who by reason of illness or infirmity, are unable
        to properly care for themselves. A convalescent home shall be licensed as
        a “nursing home” pursuant to Chapter 18.51 RCW.
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Land Development Code                                                    Ordinance No. 836
C.     Hospice Care Center. A facility licensed under Chapter 70.41 RCW which
       provides for the emotional and physical care of terminally ill patients. Such
       centers provide food, lodging, and palliative care on a 24-hour basis for
       two or more people, unrelated to the center’s operator, who are in the
       latter stages of a disease expected to cause death.

D.     Nursing Home. See convalescent home.

E.     Residential Care Facility. A facility that cares for at least five, but not more
       than 15 functionally disabled persons, that is not licensed pursuant to
       Chapter 70.128 RCW.

F.     Residential Treatment Facility. A residential building that is licensed by the
       state to provide residential and domiciliary care to five or more individuals
       or to provide rehabilitative treatment or services to individuals. Residential
       treatment facilities generally provide a limited term living arrangement for
       their residents in a family-like setting. Such facilities also provide
       rehabilitative services other than basic living skills training, often intended
       to provide residents with the future ability to live independently. Such
       facilities may provide medical treatment as an integral part of a
       rehabilitative program.

G.     Rest Home. See congregate care facility.

AUTOMOBILE REPAIR: Includes fixing, incidental bodywork, painting,
upholstering, engine tune-up, adjusting lights, and brakes; and supplying and
installing replacement parts to automobiles and trucks.

AUTOMOBILE SERVICE STATION OR GASOLINE FILLING STATION: A
building or lot having pumps and storage tanks where fuels, oils or accessories
for motor vehicles are dispensed, sold or offered for sale at retail only; repair
service is incidental and no long term storage or parking space is offered for rent.

AUTOMOBILE WRECKING OR MOTOR VEHICLE WRECKING: The
dismantling or disassembling of motor vehicles or the storage, sale or dumping of
dismantled, partially dismantled, obsolete or wrecked motor vehicles or their
parts.

BASEMENT: That portion of a building between the floor and ceiling, which is
partly below and partly above grade.

BED AND BREAKFAST ESTABLISHMENT: A single-family dwelling in which
travelers are lodged on a day-to-day or week-to-week basis for two weeks or less
and a morning meal provided for which compensation is paid. A bed-and-
breakfast establishment contains no more than four guestrooms, is owner-
occupied, and retains its single-family appearance.
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Land Development Code                                                  Ordinance No. 836
BEST MANAGEMENT PRACTICES: The utilization of methods, techniques or
products which have been demonstrated to be the most effective and reliable in
minimizing environmental impacts.

BLOCK: A group of lots, tracts, or parcels within well defined and fixed
boundaries.

BOARDING OR LODGING HOME: A dwelling or part thereof, other than a motel
or hotel, where lodging, with or without meals, is provided for compensation.

BUILDABLE AREA: The area of a lot remaining after the minimum yard and
open space requirements of this title have been met.

BUILDING: Any structure having a roof supported by columns or walls used or
intended to be used for the shelter or enclosure of persons, animals or property
of any kind.

BUILDING, DETACHED: A building surrounded by open space on the same lot.

BUILDING ENVELOPE: The three-dimensional space within which a structure is
permitted to be built on a lot and that is defined by maximum height regulations
and minimum yard setbacks.

BUILDING HEIGHT: The average vertical distance between the finished grade
on each exterior wall and a horizontal plane level with the highest point of the
coping of a flat roof, the deck of a mansard roof, or the highest ridge line of a
pitched roof. The height of a stepped or terraced building is measured for each
segment of the building.

BUILDING, PRINCIPAL OR MAIN: A building devoted to the principal use of the
lot on which it is situated; where a permissible use involves more than one
building or structure designed or used for the principal purpose, each such
permissible building on a lot shall be classified as a principal building.

BULK REGULATIONS: Standards and controls that establish the maximum size
of buildings and structures on a lot and the buildable area within which the
building or structure can be located, including lot coverage, setbacks, height,
floor area ratio, and yard requirements.

CALIPER: The diameter of tree trunk measured at four feet six inches above
finished planting grade, measured as diameter at breast height (dbh).

CAMOUFLAGED FACILITY: A wireless communication facility that is disguised,
hidden, or integrated with an existing structure that is not a monopole or tower, or
a wireless communication facility that is placed within an existing or proposed

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Land Development Code                                                 Ordinance No. 836
structure, or new structure, tower, or mount within trees so as to be significantly
screened from view.

CANOPY: A roof like projection.

CARPORT: A roofed structure providing space for the parking of motorized and
nonmotorized vehicles and enclosed on not more than three sides.

CELL SITE: A tract or parcel of land that contains wireless communication
facilities including any antenna, support structure, accessory buildings, and
parking, and may include other uses associated with and ancillary to personal
wireless services.

CHANGING MESSAGE CENTER: A sign, message center or similar device
whereby alternating public service information and commercial messages are
displayed on the same lamp bank.

CHARACTER: The distinctive features or attributes of buildings, uses and site
design on adjacent properties and in the vicinity, including but not limited to
building facade, building length, building modulation, building height, building
location, roof form, building exterior finish materials, tree cover, types of flora,
location of landscaping, size and location of signs, setbacks, amount of parking,
location of parking, fencing type, fencing height, location of fencing, and intensity
of uses.

CHILD DAY CARE CENTER: A facility licensed by the state providing regularly
scheduled care for a group of 13 or more children within one month of age
through 12 years of age range exclusively for periods less than 24 hours.

CLEARING: The destruction, disturbance or removal of logs, scrub-shrub,
stumps, trees or any vegetative material by burning, chemical, mechanical or
other means.

CO-LOCATION: The use of a wireless communication facility or cell site by more
than one personal wireless service provider.

COMMON OPEN SPACE: A parcel or parcels of land or an area of water or a
combination of land and water within the site designated for a planned
development, and designed and intended primarily for the use and enjoyment of
the residents of such development.

COMPREHENSIVE PLAN: The plans, maps, and reports, which have been
adopted by the city council in accordance with applicable state law.

CONDITIONAL USE: A use identified within the zoning district regulations of this
title that because of size, location with respect to surroundings, equipment,
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Land Development Code                                                 Ordinance No. 836
unique characteristics and effects and/or demands on public facilities, requires a
special degree of control in order to ensure compatibility with the vicinity.

CONDITIONAL USE PERMIT: The documented evidence of authority granted
by the hearing examiner in accordance with chapter 11-34 to establish a
conditional use at a specific location.

CORRECTIONAL GROUP HOME: A dwelling structure consisting of more than
one adult within a halfway-house, pre-release, training-release, work-release or
other similar program under the supervision of a local, state or federal criminal
justice system. Additionally, the dwelling structure is operated or contracted by a
local, state or federal criminal justice system. A correctional group home
includes staff who supervise the residents. A correctional facility that consists
solely of individuals below the age of 18 under the supervision of a local, state or
federal criminal justice system and correctional staff shall be classified as a
family group home and not a correctional group home.

COVENANT: A restriction or condition placed upon the use of property by
private instrument recorded by the Pierce County Auditor.

COW: An acronym for “cell on wheels,” an antenna that is portable.

CURB LEVEL: The level of the established curb in front of a building measured
at the center of such front. Where no curb elevation has been established, the
mean elevation of the finished lot grade immediately adjacent to a building shall
be considered the curb level.

DEDICATION: The transfer of property by the owner to another party for a
specific use such as roads, utilities and open space. A dedication is conveyed by
written instrument and is completed with an acceptance.

DEVELOPMENT PLAN: A plan drawn to scale, indicating the proposed use, the
actual dimensions and shape of the lot to be built upon, the exact sizes and
locations on the lot of buildings already existing, if any, and the location on the lot
of the proposed building or alteration, yards, setbacks, landscaping, off street
parking, ingress and egress, and signs.

DEVELOPMENT STANDARDS: Regulations including, but not limited to,
setbacks, landscaping, screening, building height, site coverage, signs, building
layout, parking and site design and related features of land use.

DISTRICT: An area designated by this title with specific boundaries in which lie
specific zones, which zones are described in this title.



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Land Development Code                                                   Ordinance No. 836
DRIP LINE: An imaginary ground line around the perimeter of a tree that defines
the outer limits of the tree canopy, where precipitation falling from the branches
of that tree lands on the ground.

DRIVE-THROUGH: A lane or window that is intended to serve customers who
remain in their motor vehicles during the business transactions, or which are
designed in such a manner that customers must leave their automobiles
temporarily in a driving line located adjacent to the facility.

DWELLING: A building or portion thereof designed exclusively for human
habitation; including, single-family, duplex, and multi-family dwellings, accessory
dwellings, modular homes, designated manufactured homes, but not including
hotel or motel units having no kitchens.

DWELLING, DUPLEX OR TWO-FAMILY: A building designed exclusively for
occupancy by two families living separately from each other and containing two
dwelling units. A single-family dwelling which includes an accessory dwelling unit
is not classified as a duplex dwelling.

DWELLING, MULTI-FAMILY: A building designed exclusively for occupancy by
three or more families living separately from each other and containing three or
more dwelling units.

DWELLING, SINGLE-FAMILY: A detached building designed exclusively for
occupancy by one family and containing one dwelling unit. Includes family group
homes and manufactured homes, as defined in this section, but excludes
manufactured homes that are not designated.

DWELLING UNIT: One or more rooms designed for or occupied by one family
for sleeping and living purposes and containing kitchen, sleeping and sanitary
facilities for use solely by one family. All rooms comprising a dwelling unit shall
have access through an interior door to other parts of the dwelling unit. Includes
apartments, hotel rooms available on a month-to-month basis with kitchen
facilities, designated manufactured and group homes, but excludes recreational
vehicles.

EIA: An acronym for the Electronics Industry Association.

EQUIPMENT ENCLOSURE: A structure, shelter, cabinet, or vault associated
with a wireless communication facility used to house and protect the electronic
equipment necessary for processing wireless communication signals.
Associated equipment may include air conditioning, backup power supplies and
emergency generators.

ESSENTIAL PUBLIC FACILITIES: Those facilities that are typically difficult to
site, such as airports, state education facilities and state or regional
RCC Title 11                      17                     Effective July 22, 2009
Land Development Code                                               Ordinance No. 836
transportation facilities, state and local correctional facilities, solid waste handling
facilities and inpatient facilities including substance abuse facilities, mental health
facilities and group homes.

FAA: An acronym for the Federal Aviation Administration.

FCC: An acronym for the Federal Communications Commission.

FAMILY: An individual, individuals related by blood, marriage, or adoption, up to
and including six individuals who are not related by blood, marriage, or adoption,
residing in a single-family dwelling unit (including family group home), individuals
with a handicap as defined in the Federal Fair Housing Amendments Act of 1988
(42 USCS Section 3602) as amended and residing in a group home or children
residing in a group home.

FAMILY DAY CARE FACILITY: A facility licensed by the state carried on in the
family residence of the licensee providing regularly scheduled care for 12 or
fewer children, including children who reside at the family residence, within a
birth through 11 years of age range exclusively, for periods of less than 24 hours.

FAMILY GROUP HOME: A dwelling unit consisting of individuals with a
handicap as defined in the Federal Fair Housing Amendments Act of 1988 (42
USCS Section 3602) as amended, or children under the legal custody of an
institution or an adult and any necessary staff for the care of individuals
mentioned herein. An adult family home as defined in this section is a family
group home.

FENCE: A wall or barrier for the purpose of enclosing space, separating
property, reducing noise and/or visual impacts, and composed of bricks,
concrete, masonry blocks, or posts connected by boards, rails, panels, or wire.
The term fence does not include retaining wall.

FENESTRATION: Window treatment in a building or building façade.

FENCE, SIGHT OBSCURING: A fence constructed with solid, visually opaque
materials such as wooden slats; also known as a privacy fence.

FACADE: The entire building front including the parapet.

FESTOONS: A string of ribbons, tinsel, small flags, or pinwheels.

FINAL PLAT: The final drawing of the subdivision and dedication prepared for
filing of record with the Pierce County auditor, and containing all elements and
requirements set forth in chapter 11-44.


RCC Title 11                              18                         Effective July 22, 2009
Land Development Code                                                    Ordinance No. 836
FLOOR AREA, GROSS: The sum of the gross horizontal areas of the floor(s) of
a building or portion thereof, measured from the exterior face of exterior walls
and from the centerline of walls dividing uses or establishments. Gross floor
area includes basement space, elevator shafts and stairwells at each floor,
mechanical equipment rooms or attic space with headroom of seven and one-
half feet or more, penthouse floors, interior balconies and mezzanines, enclosed
porches and malls. Gross floor area shall not include accessory water tanks and
cooling towers, mechanical equipment or attic spaces with headroom of less than
7-1/2 feet, exterior steps or stairs, terraces, breeze ways and open space.

FRONTAGE: All property fronting on one side of a dedicated public street and
measured along the property line adjoining a street right-of-way, or all property
fronting and including one side of a private (non-dedicated) street, between
intersecting or intercepting streets, or between a street, the end of a cul-de-sac
street, or a city boundary. Frontage also means the measurement of the length
of a building front that abuts a street, publicly used parking area, or mall
appurtenant to said building or occupancy, expressed in linear feet and fractions
thereof.

GARAGE, PRIVATE: An accessory building or an accessory portion of the main
building, enclosed on not less than three sides and designed and primarily used
for the shelter or storage of vehicles, including boats.

GARAGE, SIDE ENTRY: A private garage where the sole vehicular garage door
or opening is perpendicular to the lot line used for vehicular access.

GRADE, FINISHED: The finished elevation of the ground level after
development, measured at a horizontal distance of 5 feet from a building
foundation wall, or measured at the property line if it is less than 5 feet distant
from said wall. In case walls are parallel to and within 5 feet of a public sidewalk,
alley or other public way, the finished grade shall be the elevation of the
sidewalk, alley or public way.

GRADING: The clearing of trees, brush, scrubs or grass or excavating, filling or
leveling of surface contours.

GROUNDCOVER: Low growing vegetative materials with a mounding or
spreading manner of growth that provide solid cover within three years after
planting.

GROUP HOME, CORRECTIONAL: See correctional group home.

GROUP HOME, FAMILY: See family group home.

HEDGE: A row of small trees, shrubs, or other vegetation planted as a fence or
boundary.
RCC Title 11                        19                       Effective July 22, 2009
Land Development Code                                                 Ordinance No. 836
HOME OCCUPATION: Any activity conducted for financial gain or profit in a
dwelling unit, and which activity is clearly incidental or secondary to the
residential use of a dwelling unit or an associated accessory building.

HOMEOWNERS' ASSOCIATION: An incorporated, nonprofit organization
operating under recorded land agreements through which: 1) each lot owner is
automatically a member; 2) each lot is automatically subject to a charge for a
proportionate share of the common property; and 3) a charge, if unpaid,
becomes a lien against the property.

HOTEL: A building or group of buildings in which there are 6 or more guest
rooms where lodging with or without meals is provided for compensation, and
where no provision is made for cooking in any individual room or suite. Motels
and bed-and-breakfasts are considered hotels under this title. Hotels with guest
rooms that contain kitchen facilities shall be considered multi-family dwelling
units subject to the provisions and requirements of this title governing such units
for the zone in which the establishment is located.

IMPERVIOUS SURFACES: That hard surface area which either prevents or
retards the entry of water into the soil mantle as it entered under natural
conditions preexistent to development, and/or that hard surface area which
causes water to run off the surface in greater quantities or at an increased rate of
flow from that present under natural conditions preexistent to development.
Common impervious surfaces include, but are not limited to, rooftops, concrete
or asphalt paving, paved walkways, patios, driveways, parking lots or storage
areas, gravel roads, packed earthen materials, and oiled macadam or other
surfaces which similarly impede the natural infiltration of stormwater. Open,
uncovered retention/detention facilities shall not be considered as impervious
surfaces.

IMPERVIOUS SURFACE COVERAGE: The area of a lot that is covered by
impervious surfaces, measured by percentage.

IMPOUND: To take and hold a vehicle in legal custody.

IMPOUND YARD: Any area or enclosure established and used solely and
exclusively for the parking and storage of impounded vehicles.

INOPERABLE VEHICLE; A motor vehicle that is apparently inoperable or that
requires repairs in order to be legally operated on the public roads, such as
repair or replacement of a window, windshield, wheel, tire, motor or transmission.

JUNK OR SALVAGE YARD: A place where waste, discarded or salvaged
materials are bought, sold, exchanged, stored, baled, cleaned, packed,
disassembled, or handled, including auto and motor vehicle wrecking yards,

RCC Title 11                            20                        Effective July 22, 2009
Land Development Code                                                 Ordinance No. 836
house wrecking yards, used-lumber yards and yards for use of salvaged house
wrecking and structural steel materials and equipment.

KENNEL: See section 6-7-2 of this code.

KIOSK: A freestanding sign with three or more faces used to provide directions
or tenant information for a multiuse complex or center.

KITCHEN: Any room or rooms, or portion of a room or rooms, used or intended
or designed to be used for cooking or the preparation of food, including any room
having a sink and provisions for a gas or electric stove, oven or range.

LANDSCAPING: Vegetative cover including shrubs, trees, flowers, seeded lawn
or sod, groundcovers, and other similar plant material.

LARGE RETAIL ESTABLISHMENT: A retail establishment, or any combination
of retail establishments in a single building, occupying more than 25,000 gross
square feet of floor area.

LOT: A division of land having fixed boundaries which has been created by a
subdivision or short subdivision; or is a parcel of property that was exempt from
subdivision requirements or was established prior to the requirement that lots be
created by a subdivision or short subdivision.

LOT, CORNER: A lot abutting upon two or more streets at their intersection, or
upon two parts of the same street, such streets or parts of the same street
forming an interior angle of less than 135° within the lot lines.

LOT, FLAG: A lot that does not meet minimum frontage requirements and where
access to the public road is by a narrow, private right-of-way or driveway.

LOT, INTERIOR: A lot other than a corner lot.

LOT, SUBSTANDARD: A parcel of land that has less than the minimum area or
minimum dimensions required in the zone in which the lot is located.

LOT, THROUGH: A lot that fronts upon two parallel streets or that fronts upon
two streets that do not intersect at the boundaries of the lot.

LOT AREA, GROSS: The entire horizontal land space, including land covered
by water, contained within the fixed boundaries of any described lot or parcel of
land.

LOT AREA, NET: The area of a lot, excluding future dedications, critical areas
and associated buffers, and other specified land features.

RCC Title 11                           21                       Effective July 22, 2009
Land Development Code                                               Ordinance No. 836
LOT COVERAGE: The area of a lot that is covered by buildings.

LOT DEPTH: The mean horizontal distance between the front lot line and the
rear lot line of a lot measured within the lot boundaries.

LOT FRONTAGE: The length of the front lot line measured at the street right-of-
way line.

LOT LINE: A line of record bounding a lot that divides one lot from another lot or
from a public or private street or any other public space.

LOT LINE, FRONT: The boundary of a lot which abuts a public street right-of-
way or private ingress and/or egress easement.

LOT LINE, REAR: The lot line opposite and most distant from the front lot line. In
the case of triangular or otherwise irregularly shaped lots, a line ten feet in length
entirely within the lot, parallel to and at a maximum distance from the front lot
line.

LOT LINE, SIDE: Any lot line other than a front or rear lot line.

LOT OF RECORD, LEGAL: A lot that has been legally established and recorded
or registered pursuant to statute with the Pierce County Auditor.

LOT WIDTH: The horizontal distance between the side lines of a lot measured at
right angles to its depth along a straight line parallel to the front lot line at the
minimum required front yard setback line.

MANUFACTURED HOME: A factory assembled structure intended solely for
human habitation, which has sleeping, eating, and plumbing facilities, which is
being used for residential purposes, which was constructed in accordance with
the HUD federal manufactured housing construction and safety standards act in
effect at the time of construction, and that is constructed in a way suitable for
movement along public highways. A manufactured home is limited to those
structures assembled after June 15, 1976, in accordance with state and federal
requirements for manufactured homes, which: is comprised of at least two fully
enclosed parallel sections each of not less than twelve feet wide by six feet long;
was originally constructed with and now has a composition or wood shake or
shingle, coated metal, or similar roof of not less than three to twelve pitch; and
has exterior siding similar in appearance to siding materials commonly used on
conventional site-built single-family residences regulated by the International
Building Code. The term does not include recreational vehicle.

MICRO CELLULAR RADIO DEVICE: Small repeater radio equipment that is
installed unobtrusively below light standards and power poles.

RCC Title 11                             22                         Effective July 22, 2009
Land Development Code                                                   Ordinance No. 836
MICROCELL: A wireless communication facility consisting of an antenna that is
either:

   A. Four feet in height and with an area of not more than 580 square inches; or

   B. If a tubular antenna, no more than 12 inches in diameter and no more than
   6 feet high.

MINI-STORAGE: A facility consisting of separate storage units that are rented to
customers having exclusive and independent access to their respective units for
storage of residential or commercial oriented goods.

MOBILE HOME: A factory constructed residential unit with its own independent
sanitary facilities, which is intended for year round occupancy, and is composed
of one or more major components that are mobile in that they can be supported
by wheels attached to their own integral frame or structure and towed by an
attachment to that frame or structure over the public highway under trailer license
or by special permit.

MOBILE HOME PARK: An area under single management designed to
accommodate multiple mobile homes.

MODULATION: A measured and proportioned inflexion or setback in a building’s
face.

MOTEL, INCLUDING HOTEL AND MOTOR HOTEL: A building or group of
buildings comprising individual sleeping or living units for the accommodation of
transient guests for compensation.

MOUNT: The structure or surface upon which wireless communication facilities
are mounted. There are three types of mounts: Building mount, which means a
wireless communication facility mount fixed to the roof or side of a building;
ground mount, which means a wireless communication facility mount fixed to the
ground, such as a tower; and structure mount, which means a wireless
communication facility fixed to a structure other than a building, such as a light
standard, utility pole, or bridge.

MULTIPLE BUILDING COMPLEX:               A group of commercial or industrial
structures.

MULTIPLE TENANT BUILDING: A single structure that houses more than one
retail business, office or commercial venture, but that does not include residential
apartment buildings sharing the same lot, access and/or parking facilities.



RCC Title 11                            23                        Effective July 22, 2009
Land Development Code                                                 Ordinance No. 836
MURAL: A design or representation that is painted or drawn on the exterior
surface of a structure and that does not advertise a business, product, service or
activity.

NAMEPLATE: A non-electric on premises identification sign giving only the
name, address and/or occupation of an occupant or group of occupants.

NATIVE VEGETATION:             Vegetation comprised of plant species that are
indigenous to an area.

NOXIOUS ELEMENT: Material that is capable of causing injury to living
organisms by chemical reaction or is capable of causing detrimental effects upon
the physical or economic well-being of individuals.

NONCONFORMING LOT OF RECORD: Any validly recorded lot which at the
time it was recorded fully complied with the applicable laws and ordinances but
which does not fully comply with the lot requirements of this title.

NONCONFORMING SIGN: Any sign legally established prior to the passage
date hereof, which is not in full compliance with the regulations of this title.

NONCONFORMING USE: The use of land, a building or a structure lawfully
existing prior to the passage date hereof, which does not conform to the use
regulations of the district in which it is located on the effective date of such use
regulations.

NONCONFORMITY: Any land use, structure, lot of record or sign legally
established prior to the effective date hereof, or subsequent amendment to it,
which would not be permitted by or is not in full compliance with the regulations
of this title.

OCCUPANCY: The purpose for which a building is used or intended to be used.
The term shall also include the building or room housing such use. Change of
occupancy is not intended to include change of tenants or proprietors.

OFFICIAL MAP: Maps showing the designation, location and boundaries of the
various districts, which have been adopted and made part of this title.

OPEN SPACE: Any parcel or area of land or water essentially unimproved and
set aside, dedicated, designated, or reserved for public or private use or
enjoyment or for the use and enjoyment of owners, occupants and their guests of
land adjoining or neighboring such space. As used in the city’s critical area
regulations, open space means lands that contain distinctive geological,
botanical, zoological, historic, scenic or other critical area features. These areas
are often undeveloped and serve as greenbelts and wildlife habitats. Specific
types of open space include gulches, steep slopes and wetlands.
RCC Title 11                              24                        Effective July 22, 2009
Land Development Code                                                      Ordinance No. 836
OPEN SPACE, COMMON: Land within or related to a development, not
individually owned or dedicated for public use, that is designed and intended for
the common use or enjoyment of the residents and their guests of the
development and may include such complementary structures and improvements
as are necessary and appropriate.

OPEN SPACE, PRIVATE: Open space, the use of which is normally limited to
the occupants of a single dwelling, building, or property.

OPEN SPACE, PUBLIC: Open space owned by a public agency and maintained
by it for the use and enjoyment of the general public.

OUTSIDE STORAGE: The keeping, in an unenclosed area, of any goods, junk,
material, merchandise, or vehicles in the same place, or substantially the same
place, for more than 24 hours. Such materials shall include tractors, backhoes,
heavy equipment, construction materials and other similar items that detract from
the appearance of the zone in which they are located.

OWNER OCCUPIED: When the property owner’s primary and permanent legal
residence is located on-site, as evidenced by voter registration, vehicle
registration and/or other similar means.

PARAPET: A false front or wall extension above the roof line.

PARCEL: A description of land that is on record with the Pierce County
assessor’s office. A parcel of land may or may not be a legal lot of record and
may be for tax or description purposes only.

PARKING SPACE OR PARKING STALL: Any off street space intended for the
use of vehicular parking with ingress or egress to the space easily identifiable.

PERSON:        Includes any individual, firm, joint venture, co-partnership,
association, social club, fraternal organization, corporation, estate, trust,
business trust, receiver or any other group or combination acting as a unit.

PERSONAL WIRELESS SERVICE, PERSONAL WIRELESS SERVICE
FACILITIES, and FACILITIES, as used in chapter 11-25, shall be defined in the
same manner as in Title 47, United States Code, Section 332 (c)(7)(C), and
includes facilities for the transmission and reception of radio or microwave
signals used for communication, cellular phone, personal communications
services, enhanced specialized mobile radio, and any other wireless services
licensed by the FCC and unlicensed wireless services.

PLANNED DEVELOPMENT: A development built under those provisions of this
title that permit departures from the conventional site, setback and density

RCC Title 11                           25                       Effective July 22, 2009
Land Development Code                                               Ordinance No. 836
requirements of other sections of this title in the interest of achieving superior site
development, and encouraging imaginative design by permitting design flexibility.

PLAT: A map or representation of a subdivision, showing thereon the division of
a tract or parcel of land into lots, blocks, streets and alleys or other divisions and
dedications.

POINT OF PURCHASE DISPLAY: Advertising of a retail item accompanying its
display (e.g., an advertisement on a product dispenser, tire display, etc.).

PORCH: A roofed, open area that may be screened, attached to or part of and
with direct access to or from a building. A porch becomes a room when the
enclosed space is heated or air-conditioned and when the percentage of window
area to wall area is less than 50%.

PRACTICABLE ALTERNATIVES: Alternatives to the proposed project that will
accomplish essentially the same objective as the original project while avoiding
or having less adverse impacts.

PRELIMINARY PLAT:           A neat and approximate drawing of a proposed
subdivision showing the general layout of streets and alleys, lots, blocks and
other elements of a subdivision consistent with the requirements of this title. The
preliminary plat shall be the basis for the approval or disapproval of the general
layout of a subdivision.

PRESCHOOL: Educational programs that emphasize readiness skills where
children of preschool age are enrolled on a regular basis for four hours per day or
less (WAC 180-59-020).

PRESCHOOL, ACCREDITED: A preschool which has been accredited by the
State Board of Education in accordance with the standards for accreditation as
prescribed in Chapter 180-59 WAC.

PROVIDER: As used in Chapter 11-25, means every corporation, company,
association, joint stock company, firm, partnership, limited liability company,
other entity and individual that provides personal wireless service over wireless
communication facilities.

PUBLIC OR QUASI-PUBLIC UTILITY: A private corporation performing a public
service and subject to special governmental regulations; or a governmental
agency performing a similar public service, the services by either of which are
paid for directly by individual recipients. Such services shall include, but are not
limited to, water supply, electric power, gas and transportation of persons and
freight.


RCC Title 11                              26                        Effective July 22, 2009
Land Development Code                                                   Ordinance No. 836
RECREATION, ACTIVE: Leisure-time activities, usually of a formal nature and
often performed with others, requiring equipment and taking place at prescribed
places, sites, or fields.

RECREATION, PASSIVE: Activities that involve relatively inactive or less
energetic activities, such as walking, sitting, picnicking, card games and table
games such as chess. Passive recreation also includes open space for nature
walks and observation.

RECREATIONAL VEHICLES: Motorized vehicles that include a cabin for living
accommodations and are commonly used for recreational travel and touring.
Vehicles included in this category come in several forms: travel trailers, tent
trailers and camping trailers, all of which must be towed by an automobile or
truck; and truck campers, motor homes and camper vans, all of which have the
motor within the body of the vehicle.

RELIGIOUS INSTITUTION: An establishment, the principal purpose of which is
religious worship and for which the principal building or other structure contains
the sanctuary or principal place of worship. Accessory uses in the main building
or in separate buildings may include, but are not limited to, religious educational
classrooms, assembly rooms, kitchen, library or reading room, recreational hall,
and a single-family dwelling unit for use by an institution official. Accessory uses
to a religious institution do not include day-care facilities or facilities for residence
or for training of religious orders.

RETAIL ESTABLISHMENT (also known as retail store): An establishment in
which 60% or more of the gross floor area is devoted to the sale or rental of
goods or merchandise to the general public for personal or household
consumption or to services incidental to the sale or rental of such goods or
merchandise.

REVEGETATION: The planting of vegetation to cover any land areas which have
been disturbed during construction. This vegetation shall be maintained to
ensure its survival.

ROADWAY: That portion of a highway improved, designed, or ordinarily used for
vehicular travel, exclusive of the sidewalk or shoulder even though persons riding
bicycles may use the sidewalk or shoulder. In the event a highway includes two
or more separated roadways, the term “roadway” shall refer to any such roadway
separately but shall not refer to all such roadways collectively.

ROOFLINE:       Te top edge of a roof or parapet or the top line of a building
silhouette.



RCC Title 11                               27                         Effective July 22, 2009
Land Development Code                                                     Ordinance No. 836
SECURITY BARRIER: As used in chapter 11-25, means a wall, fence, or berm
that has the purpose of sealing a wireless communication facility from
unauthorized entry or trespass.

SENSE OF PLACE: The characteristics of a location that make it readily
recognizable as being unique and different from its surroundings.

SEPA RULES: Rules contained in Chapter 197-11 WAC adopted by the
Department of Ecology. (Statutory authority: RCW 43.21C.130. 84-13-036.
(Order DE 84-25), § 173-806-030, filed 6/15/84. Formerly WAC 173-805-030.)

SERVICE USES OR ACTIVITIES: A business that sells the knowledge or work
of its people rather than a tangible product.

SERVICE STATION: A building or lot having storage tanks and pumps for the
retail sale of fuel to vehicle drivers and where minor repair service and/or the
retail sale of food and vehicle supplies is incidental thereto.

SETBACK: The minimum required distance between any structure and a
specified line such as a property or lot line, easement or buffer line, or public or
private right-of-way line, which is required to remain free of structures unless
otherwise provided in this title.

SHOPPING CENTER: A retail shopping area designed as a unit, which utilizes a
common parking area.

SHORT PLAT: The map or representation of a short subdivision.

SHORT SUBDIVISION: The division or redivision of land into four or fewer lots,
tracts, parcels, sites or divisions for the purpose of sale, lease, or transfer of
ownership into four or fewer lots.

SIDEWALK: That property between the curb lines or the lateral lines of a
roadway and the adjacent property, set aside and intended for the use of
pedestrians or such portion of private property parallel and in proximity to a street
and dedicated to use by pedestrians.

SIGN: Any device, structure, fixture, or placard that uses words, letters,
numbers, symbols, graphic designs, logos, or trademarks for the purpose of: a)
providing information or directions; or b) identifying or advertising any place,
establishment, product, good, or service.

SIGN AREA: The entire face of a sign, including the surface and any framing,
projections, or molding, but not including the support structure.


RCC Title 11                             28                        Effective July 22, 2009
Land Development Code                                                  Ordinance No. 836
SIGN CLEARANCE: The smallest vertical distance between the grade of the
adjacent street, highway, or street curb and the lowest point of any sign,
including framework and embellishments, extending over that grade.

SIGN COPY: The graphic content of a sign surface in either permanent or
removable letter, pictographic, symbolic, or alphabetic form.

SIGN FACE: The area of a sign on which the copy is placed.

SIGN HEIGHT: The vertical distance measured from the highest point of the
sign, excluding decorative embellishments, to the grade of the adjacent street or
the surface grade beneath the sign, whichever is less.

SIGN MAINTENANCE:            The cleaning, painting, repair or replacement of
defective parts of a sign in a manner that does not alter the basic copy, design,
or structure of the sign.

SIGN, ABANDONED: Any sign remaining in place after closure or vacation of the
business or use, or a sign that is not maintained for a period of sixty (60) days or
more and for which no legal owner can be found.

SIGN, ANIMATED OR MOVING: Any sign that uses movement or change of
lighting, either natural or artificial, to depict action to create a special effect or
scene.

SIGN, AWNING OR CANOPY: A non-electric sign that is printed on, painted on,
or attached to an awning or canopy and is only allowed on the vertical surface or
flap. (See definition of Marquee Sign.)

SIGN, BANNER: A sign made of fabric or any non-rigid material with no
enclosing framework.

SIGN, BILLBOARD: A sign advertising an establishment, merchandise, service,
or entertainment that is not sold, produced, manufactured, or furnished at the
property on which the sign is located.

SIGN, BUILDING MOUNTED: Any of the following: wall mounted signs, marquee
signs, under marquee signs and projecting signs.

SIGN, CHANGEABLE COPY/READER BOARD: A sign whose informational
content can be changed or altered by manual or electric, electronic-mechanical,
or electronic means. Signs on which the message changes more than eight (8)
times a day shall be considered as animated signs and not changeable copy
signs for purposes of this title. A sign on which the copy that changes is an
electron or mechanical indication of time and/or temperature shall be considered

RCC Title 11                             29                        Effective July 22, 2009
Land Development Code                                                  Ordinance No. 836
a "time and temperature" portion of a sign and not a changeable copy for
purposes of this title.

SIGN, CIVIC EVENT: A temporary sign, other than a commercial sign, posted to
advertise a civic event sponsored by a public agency, school, church, civic-
fraternal organization, or similar noncommercial organization.

SIGN, CONSTRUCTION: A temporary sign identifying an architect, contractor,
subcontractor, and/or material supplier participating in construction on the
property on which the sign is located.

SIGN, DIRECTIONAL/INFORMATION: An on-premise sign giving directions,
instructions, or facility information and which may contain the name or logo of an
establishment but no advertising copy (e.g., parking or exit and entrance signs)
and may contain a logo; provided, that the logo may not comprise more than
twenty percent (20%) of the total sign area.

SIGN, DIRECTORY: A sign for listing the tenants or occupants and their suite
numbers of a building or center.

SIGN, ELECTRICAL: A sign or sign structure in which electrical wiring,
connections, or fixtures are used.

SIGN, ELECTRONIC CHANGEABLE MESSAGE: An electronically activated
sign whose message content, either whole or in part, may be changed by means
of electronic programming.

SIGN, FLASHING: A sign with any portion of it which changes light intensity or
switches on and off in a constant pattern or contains moving parts or the optical
illusion of motion caused by use of electrical energy or illumination.

SIGN, FREESTANDING: A sign supported permanently upon the ground by
poles or braces and not attached to any building. Freestanding signs include
those signs otherwise known as "pole signs" or "pedestal signs". (Also see
definition of Ground Mounted Sign.)

SIGN, FUEL PRICE: A wall mounted or freestanding sign displaying the price of
fuel for motorized vehicles.

SIGN, GOVERNMENT: Any temporary or permanent sign erected and
maintained by city, county, state or federal government for traffic direction or for
designation of or direction to any school, hospital, historical site or public service,
property or facility.



RCC Title 11                              30                        Effective July 22, 2009
Land Development Code                                                   Ordinance No. 836
SIGN, GROUND MOUNTED: A sign that is six feet (6') or less in height above
ground level, having the appearance of a solid base (also known as a
"monument sign"). (Also see definition of Freestanding Sign.)

SIGN, IDENTIFICATION: A sign whose copy is limited to the name and address
of a building, institution or person, and/or to the activity or occupation being
identified.

SIGN, IDENTIFICATION (CENTER): A building mounted sign or ground mounted
sign that identifies the name of a development containing more than one office,
retail, institutional or industrial use or tenant and which does not identify any
individual use or tenant.

SIGN, IDENTIFICATION (SUBDIVISION): A freestanding or wall sign identifying
a recognized subdivision, condominium complex, or residential development.

SIGN, ILLUMINATED: A sign with an artificial light source incorporated internally
or externally for the purpose of illuminating the sign.

SIGN, INCIDENTAL: A small sign, emblem, or decal informing the public of
goods, facilities, or services available on the premises (e.g., a credit card sign or
a sign indicating hours of business).

SIGN, INSTRUCTIONAL: A sign which designates public information such as,
but not limited to, public restrooms, public telephones, exit ways and hours of
operation.

SIGN, MARQUEE: Any sign attached to or supported by a marquee, which is a
permanent roof like projecting structure attached to a building.

SIGN, MOBILE: Any permanent or temporary painted sign or marquee sign
mounted on a trailer or on portable supports.

SIGN, MONUMENT: See definition of Sign, Ground Mounted.

SIGN, NEON (OUTLINE TUBING): A sign consisting of glass tubing, filled with
neon gas (or other similar gas), which glows when electric current is sent through
it.

SIGN, NONCONFORMING: A sign that was erected legally but does not comply
with subsequently enacted sign restrictions and regulations, or a sign that does
not conform to chapter 11-26 but has been authorized by the granting of a
variance.



RCC Title 11                             31                        Effective July 22, 2009
Land Development Code                                                  Ordinance No. 836
SIGN, OBSOLETE: A sign that advertises a product that is no longer made, a
business that is no longer in operation, or an activity or event that has already
occurred.

SIGN, OFF SITE DIRECTIONAL: Sign that provides directional assistance to
access an establishment conveniently and safely. Such signs shall be limited by
the administrator in size, height and placement as justified.

SIGN, ON SITE: A sign that pertains to the use of the premises and/or property
on which it is located.

SIGN, POLITICAL: A temporary sign used in connection with a local, state, or
national election or referendum.

SIGN, PORTABLE: Any sign designed to be moved easily and not permanently
affixed to the ground or to a structure or building. Portable signs differ from
temporary signs in that portable signs are made of durable materials such as
metal, wood, or plastic.

SIGN, PRIVATE ADVERTISING: A sign announcing a temporary event, use or
condition of personal concern to the sign user such as, but not limited to, "garage
sale" or "lost dog".

SIGN, PRIVATE TRAFFIC DIRECTION: A sign on private property that provides
information for vehicular movement while on that property.

SIGN, PROJECTING: A sign, other than a flat wall sign, which is attached to and
projects from a building wall or other structure not specifically designed to
support the sign.

SIGN, REAL ESTATE (OFF SITE): A readily removable sign announcing the
proposed sale or rental of property other than the property upon which the sign is
located and providing directions to the subject property.

SIGN, REAL ESTATE (ON SITE): A sign announcing the sale or rental of the
property upon which the sign is located.

SIGN, ROOF: Any sign erected over or on the roof of a building.

SIGN, SNIPE: A sign posted on trees, fences, public benches, light posts, or
utility poles, except those posted by a government or public utility.

SIGN, TEMPORARY: A sign not constructed or intended for long term use.
Temporary signs are made of less permanent materials such as paper, fabric,
plywood or window whitewash.

RCC Title 11                            32                        Effective July 22, 2009
Land Development Code                                                 Ordinance No. 836
SIGN, TIME AND TEMPERATURE: Any sign that displays current time and
temperature. No commercial message is allowed.

SIGN, UNDER CANOPY: Any sign suspended beneath a canopy or marquee.
These signs are intended generally to attract pedestrian traffic.

SIGN, WALL: Either a sign applied with paint or similar substance on the surface
of a wall or a sign attached essentially parallel to, and extending not more than
24 inches from, the wall of a building with no copy on the sides or edges.

SIGN, WINDOW: A sign applied or attached to a window and intended to be
viewed from the exterior of the structure.

SIGNIFICANT TREE: Healthy evergreen or deciduous trees that have a
minimum caliper of 12 inches diameter at breast height (dbh), and Garry Oak,
also known as Oregon White Oak, which have a minimum caliper of 9 inches
dbh.

SLOPE: An inclined earth surface, the inclination of which is expressed as the
ratio of horizontal distance to vertical distance. Slope percent is computed by
dividing the vertical distance by the horizontal distance times 100.

SOLID WASTE INCINERATION: The processing of solid wastes by means of
pyrolysis, refuse derived fuel, or mass incineration within an enclosed structure.
These processes may include the recovery of energy resources from such waste
or the conversion of the energy in such wastes to more useful forms or
combinations thereof. This definition refers to citywide or regional scale
operations and does not include solid waste incineration, which is accessory to
an individual principal use.

SPECIFIED ANATOMICAL AREAS:

A.     Less than completely and opaquely covered human genitals, pubic region,
       buttock or female breast below a point immediately above the top of the
       areola; and

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

SPECIFIED SEXUAL ACTIVITIES:

A.     Human genitals in a state of sexual stimulation or arousal;

B.     Acts of human masturbation, sexual intercourse or sodomy; and


RCC Title 11                            33                       Effective July 22, 2009
Land Development Code                                                Ordinance No. 836
C.     Fondling or other erotic touching of human genitals, pubic region, buttock
       or female breast.

STORY: That portion of a building included between the upper surface of any
floor and the upper surface of the floor next above, except that the topmost story
shall be that portion of a building included between the upper surface of the
topmost floor and the ceiling or roof above. If the finished floor level directly
above a basement, cellar or unused underfloor space is more than 6 feet above
"grade" as defined herein for more than 50% of the total perimeter or is more
than 12 feet above "grade" as defined herein at any point, such basement, cellar
or unused underfloor space shall be considered a story.

STREET: A public right-of-way or private road which provides a primary means
of access to abutting property.

STREET FURNITURE: Constructed, aboveground objects, such as outdoor
seating, kiosks, bus shelters, sculpture, tree grids, trash receptacles, fountains,
and telephone booths, that have the potential for enlivening and giving variety to
streets, sidewalks, plazas, and other outdoor spaces open to, and used by, the
public.

STREET RIGHT-OF-WAY: A recorded strip of land that is occupied or dedicated
to be occupied by a public street, including sufficient property reserved for
utilities, transmission lines, sidewalks, bike lanes and other similar uses.

STREETSCAPE: A design term referring to all the elements that constitute the
physical makeup of a street and that, as a group, define its character, including
trees and other plantings, awnings and marquees, signs, and lighting.

SUDIVISION: The division or redivision of land into five or more lots, tracts,
parcels, sites or divisions for the purpose of sale, lease, or transfer of ownership,
except as provided in chapter 11-41.

STRUCTURAL ALTERATION:               Any change, addition or modification in
construction.

STRUCTURE: That which is built or constructed; an edifice or building of any
kind or any piece of work composed of parts jointed together in some definite
manner and includes posts for fences and signs, but does not include mounds of
earth or debris.

SUPPORT STRUCTURE: Any structure, including any guy wires and anchors,
to which antennas and associated hardware are mounted, including towers
(structures designed exclusively to support WCF antennas) and water tanks,
buildings, and other structures whose primary purpose is unrelated to WCFs.

RCC Title 11                             34                        Effective July 22, 2009
Land Development Code                                                  Ordinance No. 836
TOWER: As used in chapter 11-25, means any structure that is designed and
constructed primarily for the purpose of supporting one or more antennas,
including self-supporting lattice towers, guy towers, or monopole towers. The
term encompasses wireless communication facilities including radio and
television transmission towers, microwave towers, common-carrier towers,
cellular telephone towers or personal communications services towers,
alternative tower structures, and the like.

TOWNHOUSE: Attached one- or two-family dwellings sharing a common wall
with adjacent dwelling units.

TRADE, RETAIL: The sale or rental of goods and merchandise for final use or
consumption.

TREE TOPPING: The cutting of a branch or stem back to a stub or lateral
branch not sufficiently large enough to assume the terminal role.

USE: The nature of the occupancy, the type of activity, or the character and form
of improvements to which land is devoted or may be devoted.

USE, ACCESSORY: A use customarily incidental and subordinate to a permitted
principal use and located on the same lot or in the same building as the principal
use.

USE, CHANGE OF: A change of use shall be determined to have occurred when
it is found that the general character of the operation has been modified. This
determination shall include review of, but not be limited to:

A.     Hours of operation;

B.     Materials processed or sold;

C.     Required parking;

D.     Traffic generation;

E.     Impact on public utilities;

F.     Clientele; and

G.     General appearance.

USE, PRINCIPAL: The primary use of land or improvements as distinguished
from a subordinate or accessory use.


RCC Title 11                           35                       Effective July 22, 2009
Land Development Code                                               Ordinance No. 836
USE, TEMPORARY: Any activity and/or structure permitted under the provisions
of this title that is intended to exist or operate for a limited period of time.

VARIANCE: A means, approved by the hearing examiner or city planner, of
altering the requirements of this title in specific instances where the strict
application of these regulations would deprive a property of privileges enjoyed by
other properties which are similarly situated, due to special features or
constraints unique to the property involved.

VETERINARY CLINIC: Any premises to which animals are brought or where
they are temporarily kept, solely for the purpose of diagnosis or treatment of any
illness or injury, but not including kennels.

VETERINARY HOSPITAL: Any premises to which animals are brought or where
they are temporarily kept, solely for the purpose of diagnosis or treatment of any
illness or injury, which may have outdoor runs.

WIRELESS COMMUNICATION FACILITY (WCF): An unstaffed facility for
effecting wireless communications, usually consisting of an equipment shelter or
cabinet, a support structure, and the transmission and reception devices or
antenna. WCFs are not essential public facilities as defined in the growth
management act.

WIRELESS COMMUNICATION FACILITY DESIGN:                  The appearance of
wireless communication facilities, including such features as their materials,
colors, and shape.

WIRELESS COMMUNICATIONS: Any "personal wireless services" as defined in
the federal telecommunications act of 1996 that includes FCC licensed
commercial wireless telecommunications services, including cellular, personal
communications services (PCS), paging, and similar services that currently exist
or that may in the future be developed.

WRECKED VEHICLE [As defined by RCW 46.80.010(4), as amended]: A
vehicle which is disassembled or dismantled or a vehicle which is acquired with
the intent to dismantle or disassemble and never again to operate as a vehicle,
or a vehicle which has sustained such damage that its cost to repair exceeds the
fair market value of a like vehicle which has not sustained such damage, or a
damaged vehicle whose salvage value plus cost to repair equals or exceeds its
fair market value, if repaired, or a vehicle which has sustained such damage or
deterioration that it may not lawfully operate upon the highways of this state for
which the salvage value plus cost to repair exceeds its fair market value, if
repaired; further it is presumed that a vehicle is a wreck if it has sustained such
damage or deterioration that it may not lawfully operate upon the highways of the
state.

RCC Title 11                            36                       Effective July 22, 2009
Land Development Code                                                Ordinance No. 836
WRECKING YARD: An establishment that cuts up, compresses, or otherwise
disposes of motor vehicles.

YARD: The land unoccupied or unobstructed, from the ground upward, except for
such encroachments as may be permitted by this title, surrounding a building
site.

YARD, CORNER SIDE YARD: A yard lying between the minimum setback line
for a principal building and the side property line adjoining a street right-of-way
and extending along the length of the lot between the front yard and the rear
yard.

YARD, FRONT: An open space, other than a court, on the same lot with the
building, between the front line of the building (exclusive of steps) and the front
property line and including the full width of the lot to its side line.

YARD, REAR: An open space on the same line with the building between the
rear line of the building (exclusive of steps, porches and accessory buildings) and
the rear line of the lot, including the full width of the lot to its side lines.

YARD, REQUIRED: The open space between a lot line and the minimum
building setback line, which is required to remain free of structures unless
otherwise provided in this title.

YARD, SIDE: An open space on the same lot with the building between the side
wall line of the building and the side line of the lot and extending from front yard
to rear yard.

ZONE OR ZONING DISTRICT: An area accurately defined as to boundaries and
location, and classified by this title as available for certain types of uses and
within which other types of uses are excluded. Such district includes specific
conditions, standards and requirements related to the permitted use of land
within such district.

ZONING MAP: The official map, adopted as a part of this title, as amended,
which accurately defines boundaries and locations of zoning districts. The official
map may contain one or more map sheets and may be produced in multiple
copies.




RCC Title 11                            37                        Effective July 22, 2009
Land Development Code                                                 Ordinance No. 836
CHAPTER 11-4            TYPES OF PROJECT PERMIT APPLICATIONS

SECTION:
11-4-1          Classification of project permits
11-4-2          Determination of classification
11-4-3          Project permit application framework
11-4-4          Legislative decisions
11-4-5          Legislative enactments not restricted
11-4-6          Exemptions from project permit application processing


11-4-1        Classification of Project Permits: For the purpose of project
permit processing, all project permit applications shall be classified as shown in
Table A, Section 11-4-3, as one of the following: Type I, Type II, Type III-A, Type
III-B, or Type IV. Legislative decisions are Type V actions, and are addressed in
Section 11-4-5. Exclusions from the requirements of project permit application
processing are contained in Section 11-4-6 (RCW 36.70B.120).

11-4-2          Determination of Classification:

A.       Determination by City. The city planner shall determine the proper
         classification for each project permit application. If there is a question as to
         the appropriate classification, the city planner shall resolve the question in
         favor of the higher classification type.

B.       Optional Consolidated Permit Processing. An application that involves two
         or more classification types may be processed collectively under the
         highest numbered type required for any part of the application or
         processed individually under each of the procedures identified by the
         code. The applicant may determine whether the application shall be
         processed collectively or individually. If the application is processed
         individually, the highest numbered type shall be processed prior to the
         subsequent lower numbered type. (RCW 36.70B.060 (3), RCW
         36.70B.120)

C.       Hearing Bodies. Applications processed in accordance with subsection (b)
         of this section which involve different hearing bodies shall be heard
         collectively by the highest ranking hearing body. The city council is the
         highest rank, followed by the planning commission, hearing examiner, and
         then the city planner.




RCC Title 11                                38                        Effective July 22, 2009
Land Development Code                                                     Ordinance No. 836
11-4-3           Project Permit Application Framework.

Table A – Classifications
 Type I            Type II             Type III-A        Type III-B        Type       Type V
                                                                           IV
 Permitted use     Short plat, short   Major site plan   Preliminary       Final      Comprehen-
 not requiring     plat vacation and                     plat              plat       sive Plan
 site plan         alteration                                                         amendment
 review
 Boundary line     Final site plan     Conditional       Plat vacation                Develop-
 adjustment        and final           use permit,       and alteration               ment
                   development         major variance                                 regulation
                   plan                                                               amendment
 Minor             Minor variance,     Major             Preliminary                  Annexation
 amendment         minor site plan,    amendment to      development
 to                administrative      site plan and     plan and
 development       use permit, and     conditional use   major
 plan and site     WDRC review         permit            amendment
 plan                                                    to preliminary
                                                         development
                                                         plan
 Temporary         Land clearing/      Home              Zoning map                   Area-wide
 accessory         grading permit      occupation        amendment                    rezone
 structure and                         requiring CUP
 use                                   approval
 Home              Administrative      Critical area
 occupation        interpretation      public interest
 permit                                determination
 Accessory         Critical area
 dwelling unit     permit




RCC Title 11                                 39                           Effective July 22, 2009
Land Development Code                                                         Ordinance No. 836
Table B – Procedures
 Action         Type I     Type II       Type III-A      Type III-B      Type IV        Type V
 Recom-         N/A        N/A           N/A             N/A             N/A            Planning
 mendation                                                                              commission
 made by:
 Final          City       City          Hearing         City council    City           City council
 decision       planner    planner, or   examiner                        council
 made by:                  WDRC*
 Notice of      Not        Not           Required        Required        Required       Not required
 application:   required   required
 Open           Not        Required      Required        Required        Not            Required
 record         required   only if       before          before          required       before
 public                    appealed,     hearing         hearing                        planning
 hearing                   then          examiner        examiner                       commission
                           hearing       renders final   makes                          makes
                           before        decision        recommend                      recommend
                           hearing                       ation to City                  -ation to
                           examiner,                     Council                        City council
                           or WDRC*
 Closed         Not        Not           Required     Not required       Required       Required, or
 record         required   required,     only if                         before         City council
 appeal/final              unless        appealed,                       City           may hold
 decision                  WDRC          then hearing                    council        its own
                           decision,     before City                     renders        hearing
                           then          council,                        final
                           hearing       unless                          decision
                           before City   rezone, then
                           council*      hearing
                                         before City
                                         council on
                                         ordinance
                                         adoption



 Judicial     Yes        Yes          Yes             Yes          No           Yes
 appeal
 * Western Design Review Committee (WDRC) Subcommittee issues decisions on preliminary
 design appearance approvals for projects located within the WDO District. The
 subcommittee’s decision may be appealed to the full WDRC, which will conduct an open
 record hearing. Decisions of the WDRC may be appealed to the city council, which will
 conduct a closed record hearing.


11-4-3          Legislative Decisions:

A.       Decisions. The following decisions are legislative, and are not subject to
         the procedures in this chapter, unless otherwise specified:

RCC Title 11                                40                           Effective July 22, 2009
Land Development Code                                                        Ordinance No. 836
         1. Zoning code text and zoning district amendments;

         2. Adoption of development regulations and amendments;

         3. Area-wide rezones to implement new city policies;

         4. Adoption of the comprehensive plan and any plan amendments; and

         5. Annexations.

B.       Planning Commission. The planning commission shall hold a public
         hearing and make recommendations to the city council on the decisions
         listed in subsection A above. The public hearing shall be held in
         accordance with the requirements of Chapter 11-8.

C.       City Council. The city council may consider the planning commission’s
         recommendation in a public hearing held in accordance with the
         requirements of Chapter 11-8 or 11-9.

D.       Public Notice. Notice of the public hearing or public meeting shall be
         provided to the public as set forth in Section 11-6-3.B.4.

E.       Implementation. The city council’s decision shall become effective by
         passage of an ordinance.

11-4-5        Legislative Enactments Not Restricted: Nothing in this chapter
or the permit processing procedures shall limit the authority of the city council to
make changes to the city’s comprehensive plan, as part of an annual revision
process, or to make changes to the city’s development regulations (RCW
36.70B.020(4)).

11-4-6          Exemptions from Project Permit Application Processing:

A.       Whenever a permit or approval in the Roy City Code has been designated
         as a Type I, II, III-A, III-B, or IV permit, the procedures in this title shall be
         followed in project permit processing. The following permits or approvals
         are, however, specifically excluded from the procedures set forth in this
         title:

         1. Landmark designations;

         2. Street vacations;

         3. Street use permits.


RCC Title 11                                 41                         Effective July 22, 2009
Land Development Code                                                       Ordinance No. 836
B.     Pursuant to RCW 36.70B.140(2), building permits, boundary line
       adjustments, short plats, minor site plan review, minor variances,
       administrative use permits, other construction permits, or similar
       administrative approvals that are categorically exempt from environmental
       review under SEPA (Chapter 43.21C RCW) and the city’s SEPA
       requirements, or permits/approvals for which environmental review has
       been completed in connection with other project permits, are excluded
       from the following procedures:

       1. Determination of completeness (Section 11-5-4);

       2. Notice of application (Section 11-5-5);

       3. Except as provided in RCW 36.70B.140, optional consolidated project
          permit review processing (Section 11-5-2.B);

       4. Notice of decision (Section 11-5-5);

       5. Completion of project review within any applicable time periods.




RCC Title 11                            42                      Effective July 22, 2009
Land Development Code                                               Ordinance No. 836
CHAPTER 11-5            TYPE I-IV PROJECT PERMIT APPLICATIONS

SECTION:
11-5-1         Project permit application
11-5-2         Application fees
11-5-3         Determination of completeness
11-5-4         Notice of application
11-5-5         Referral and review of project permit applications

11-5-1        Project Permit Application: Applications for project permits shall
be submitted upon forms provided by the city. An application shall consist of all
materials required by the applicable development regulations, and shall include
the following general information:

A.     A completed project permit application form;

B.     A verified statement by the applicant that the property affected by the
       application is in the exclusive ownership of the applicant, or that the
       applicant has submitted the application with the consent of all owners of
       the affected property;

C.     A property and/or legal description of the site for all applications, as
       required by the applicable development regulations;

D.     The applicable fees;

E.     A list of current of property owners who are required to be notified per
       Chapter 11-6 obtained from Pierce County tax records, an affidavit as to
       the accuracy of the list, and two sets of mailing labels for the list of
       property owners.

F.     Evidence of adequate water supply as required by RCW 19.27.097;

G.     A completed environmental checklist for project subject to review under
       the State Environmental Policy Act;

H.     Any supplemental information or special studies identified by the city
       planner.

11-5-2        Application Fees: Filing fees and filing deposits for project permit
applications shall be paid upon the filing of an application in accordance with the
planning services fee schedule established by council resolution.




RCC Title 11                            43                       Effective July 22, 2009
Land Development Code                                                Ordinance No. 836
11-5-3          Determination of Completeness:

A.       Determination of Completeness. Within 28 days after receiving a Type III-
         A, Type III-B, or Type IV project permit application, the city shall mail or
         personally provide a written determination to the applicant which states
         either:

         1. That the application is complete; or

         2. That the application is incomplete and what is necessary to make the
         application complete (RCW 36.70B.070).

B.       Identification of Other Agencies with Jurisdiction. To the extent known by
         the city, other agencies with jurisdiction over the project permit application
         shall be identified in the city’s determination required by subsection A of
         this section (RCW 36.70B.070).

C.       “Complete” Application/Additional Information. A project permit application
         is complete for purposes of this section when it meets the submission
         requirements in Section 11-5-1 above, as well as the submission
         requirements contained in the applicable development regulations. The
         determination of completeness shall be made when the application is
         sufficient for continued processing even though additional information may
         be required or project modifications may be undertaken subsequently. The
         city’s determination of completeness shall not preclude the city from
         requesting additional information or studies either at the time of the notice
         of completeness or at some later time, if new information is required or
         where there are substantial changes in the proposed action (RCW
         36.70B.090(1)).

D. Incomplete Application Procedure.

         1. If the applicant receives a determination from the city that an
         application is not complete, the applicant shall have 120 days to submit
         the necessary information to the city. Within 14 days after an applicant
         has submitted the requested additional information, the city shall make the
         determination as described in subsection A of this section, and notify the
         applicant in the same manner.

         2. If the applicant either refuses in writing to submit additional information
         or does not submit the required information within the 120-day period, the
         application shall lapse.

        3. If the application has lapsed because the applicant has failed to submit
        the required information within the necessary time period, the applicant
        may request a refund of any unused portion of an application deposit fee.
RCC Title 11                              44                     Effective July 22, 2009
Land Development Code                                                   Ordinance No. 836
E.       City’s Failure to Provide Determination of Completeness. A project permit
         application shall be deemed complete under this section if the city does
         not provide a written determination to the applicant that the application is
         incomplete as provided in subsection A of this section (RCW
         36.70B.070(4)(a)).

F.       Date of Determination of Completeness. When the project permit
         application is deemed complete, the city planner shall accept the
         application and note the date of the determination of completeness. If the
         city has not provided a written determination to the applicant that an
         application is either complete or incomplete within 28 days of receiving the
         application, the date of the determination of completeness shall be noted
         as 5:00 p.m. on the 28th day.

11-5-4          Notice of Application:

A.       Issuance/Timeframe. A notice of application shall be issued on all Type III-
         A, III-B, and IV project permit applications pursuant to Chapter 11-6 within
         14 days after the city has issued a determination of completeness for a
         project permit application. If any open record pre-decision hearing is
         required for the requested project permit(s), the notice of application shall
         be provided at least 15 days prior to the open record hearing (RCW
         36.70B.110).

B.       SEPA Exempt Projects. A notice of application shall not be required for
         project permits that are categorically exempt under SEPA, unless a public
         comment period or an open record pre-decision hearing is required (RCW
         36.70B.140(2)).

C.       Contents. The notice of application shall include:

         1. The name of applicant;

         2. The date of application, the date of the determination of completeness
         for the application, and the date of the notice of application;

         3. A description of the proposed project action and a list of the project
         permits included in the application and, if applicable, a list of any studies
         requested under RCW 36.70B.070;

         4. The identification of other permits not included in the application, to the
         extent known by the city;

        5. The identification of existing environmental documents that evaluate the
        proposed project, and, if not otherwise stated on the document providing
RCC Title 11                               45                     Effective July 22, 2009
Land Development Code                                                    Ordinance No. 836
       notice of application, the location where the application and any studies
       can be reviewed;

       6. A statement of the limits of the public comment period, which shall be
       not less than 14 nor more than 30 days following the date of notice of
       application, and statements of the right of any person to comment on the
       application, receive notice of and participate in any hearings, request a
       copy of the decision once made, and any appeal rights;

       7. The date, time, place and type of hearing, if applicable and scheduled
       at the time of issuance of the notice of application;

       8. A statement of the preliminary determination of consistency, if one has
       been made at the time of issuance of the notice of application, and of
       those development regulations that will be used for project mitigation and
       the determination of consistency as provided in Chapter 11-7;

       9. Any other information determined appropriate by the city, such as the
       city’s threshold determination, if complete at the time of issuance of the
       notice of application (RCW 36.70B.110).

D.     Public Comment on the Notice of Application. All public comments on the
       notice of application must be received by the City Clerk by 5:00 p.m. on
       the last day of the comment period. Comments may be mailed, personally
       delivered or sent by facsimile. Comments should be as specific as
       possible.

E.     Except for a determination of significance, the city may not issue its
       threshold determination or issue a decision or recommendation on a
       project permit until the expiration of the public comment period on the
       notice of application (RCW 36.70B.110).

11-5-5       Referral and Review of Project Permit Applications: Within 10
days of issuing a determination of completeness, the city planner shall do the
following:

A.     Transmit a copy of the application, or appropriate parts of the application,
       to each affected agency and city department for review and comment,
       including those responsible for determining compliance with state and
       federal requirements. The affected agencies and city departments shall
       have 15 days to comment. The referral agency or city department is
       presumed to have no comments if comments are not received within the
       specified time period. The city planner shall grant an extension of time for
       comment only if the application involves unusual circumstances. Any
       extension shall only be for a maximum of 7 additional days.

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Land Development Code                                                Ordinance No. 836
B.     If a Type III-A or III-B procedure is required, notice and hearing shall be
       provided as set forth in Chapter 11-6.




RCC Title 11                           47                       Effective July 22, 2009
Land Development Code                                               Ordinance No. 836
CHAPTER 11-6            PUBLIC NOTICE

SECTION:
11-6-1          Required public notice of application
11-6-2          Optional public notice
11-6-3          Notice of public hearing
11-6-4          Notice of comment period for administrative use permit, minor
                site plan review and minor variance
11-6-5          Notice of action for administrative use permit, minor site plan
                review, and minor variance

11-6-1        Required public notice of application: The city shall issue the
notice of application by publishing a summary in the city’s official newspaper and
mailing notice to neighboring property owners in accordance with the
requirements of Section 11-6-3.B. (RCW 36.70B.110(4)). The applicant shall post
the property with one or more signs to be furnished by the city. The published
summary shall include the project location, type of permit(s) required, comment
period dates, and location where the complete application may be reviewed.

11-6-2          Optional public notice:

A.       In addition to the required notice, the city may:

         1. Notify the public or private groups with known interest in a certain
         proposal or in the type of proposal being considered;

         2. Notify the news media;

         3. Place notices in appropriate regional or neighborhood newspapers or
         trade journals;

         4. Publish notice in agency newsletters or send notice to agency mailing
         lists, either general lists or lists for specific proposals or subject areas; and

         5. Mail notice to neighboring property owners.

B.       The city’s decision to not provide optional notice as described in this
         subsection shall not be grounds for invalidation of any permit decision.
         (RCW 36.70B.110 (4)).

11-6-3          Notice of public hearing:

A.       Content of Notice of Public Hearing for All Types of Applications. The
         notice given of a public hearing required in this chapter shall contain:


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Land Development Code                                                      Ordinance No. 836
       1. The name and address of the applicant or the applicant’s
          representative;

       2. Description of the affected property, which may be in the form of either
       a vicinity location or written description, other than a legal description;

       3. The date, time and place of the hearing;

       4. A description of the subject property reasonably sufficient to inform the
       public of its location, including but not limited to the use of a map or postal
       address and a subdivision lot and block designation;

       5. The nature of the proposed use or development;

       6. A statement that all interested persons may appear and provide
          testimony;

       7. The sections of the code that are pertinent to the hearing procedure;

       8. When information may be examined, and when and how written
       comments addressing findings required for a decision by the hearing body
       may be admitted;

       9. The name of a local government representative to contact and the
       telephone number where additional information may be obtained;

       10. Advice that a copy of the application, all documents and evidence
       relied upon by the application and applicable criteria are available for
       inspection;

       11. Advice that a copy of the staff report will be available for inspection
       prior to the hearing and copies will be provided upon request.

B.     Distribution of Notice of Public Hearing. Notice of the public hearing shall
       be provided as follows:

       1. Type I, Type II, and Type IV Actions. No public hearing notice is
       required because no public hearing is held, except on an appeal of a Type
       II action where the notice set forth under subsection B.2 is required.

       2. Type III-A and Type III-B Actions and Appeals of Type II Actions. The
       notice of public hearing shall be mailed to:

               a. The applicant;


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             b. All owners of property within 300 feet of the subject property,
       when the project permit application is for a residential proposal;

             c. All owners of property within 500 feet of the subject property,
       when the project permit application is for a nonresidential proposal;

              d. Any person who submits written or oral comments on an
       application;

               e. The appellant, if applicable.

       3. Type III-B Preliminary Plat Actions. In addition to the notice for Type III-
       B actions above for preliminary plats and proposed subdivisions,
       additional notice shall be provided as follows:

             a. Notice of the filing of a preliminary plat of a proposed
       subdivision adjoining the municipal boundaries shall be given to the
       appropriate officials of the neighboring jurisdiction (Pierce County).

              b. Special notice of the hearing shall be given to adjacent
       landowners by any method the city deems reasonable. Adjacent
       landowners are the owners of real property, as shown by the records of
       the county assessor, located within 300 feet of any portion of the boundary
       of the proposed subdivision. If the owner of the real property which is
       proposed to be subdivided owns another parcel or parcels of real property
       which lie adjacent to the real property proposed to be subdivided, notice
       required by RCW 58.17.090(1)(b) shall be given to owners of real property
       located within 300 feet of any portion of the boundaries of such adjacently
       located parcels of real property owned by the owner of the real property
       proposed to be subdivided (Chapter 58.17 RCW).

       4. Type V Actions. For Type V legislative actions, the city shall publish
       notice as described in subsection D.2 below, and provide any other notice
       required by RCW 35A.12.160.

C.     General Procedure for Mailed Notice of Public Hearing.

       1. The records of the Pierce County assessor’s office shall be used for
       determining the property owner of record and the property owners entitled
       to notice under this chapter. The applicant shall submit to the city a list of
       the property owner names and addresses and two sets of mailing labels.
       The city may provide notice to other persons than those required to
       receive notice under the code.



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       2. All public notice shall be deemed to have been provided or received on
       the date the notice is deposited in the mail or personally delivered,
       whichever occurs first.

D.     Procedure for Posted or Published Notice of Public Hearing.

       1. Posted notice of the public hearing is required for all Type III-A and III-
       B project permit applications. The posted notice shall be posted as
       required by Section 11-6-1.

       2. Published notice is required for all Type III-A, III-B, and V procedures.
       The published notice shall be published in the city’s official newspaper.

E.     Time and Cost of Notice of Public Hearing.

       1. Notice shall be mailed, posted and first published not less than 10 or
       more than 30 days prior to the hearing date. Any posted notice shall be
       removed by the applicant within 15 days following the public hearing.

       2. All costs associated with the public notice shall be borne by the
       applicant.

11-6-4        Notice of comment period for administrative use permit, minor
site plan review and minor variance: Upon receipt of a complete application for
an administrative use permit, minor site plan review, or minor variance, the city
planner shall send written notice to the owners of property within 100 feet of the
subject property notifying them of the application and the opportunity to comment
on the proposal. Public comments must be submitted to the city planner within
10 days of the issuance date of the notice. No public hearing will be conducted
for these applications. However, public comments received within the comment
period will be considered by the city planner prior to issuance of a written
decision.

11-6-5        Notice of action for administrative use permit, minor site plan
review, and minor variance: Upon issuance of a decision on a proposed
administrative use permit, minor site plan review, or minor variance, the city
planner shall provide a written notice of this action to the applicant and any
parties who have provided written comment during the 10-day comment period.
The city planner shall also provide written notice of this action to the planning
commission.




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Land Development Code                                                  Ordinance No. 836
CHAPTER 11-7            CONSISTENCY WITH DEVELOPMENT REGULATIONS
AND SEPA

SECTION:
11-7-1          Determination of consistency
11-7-2          Initial SEPA analysis
11-7-3          Categorically exempt and planned actions

11-7-1          Determination of consistency:

A.       Purpose. When the city receives a project permit application, consistency
         between the proposed project and the applicable regulations and
         comprehensive plan should be determined through the process in this
         chapter and the city’s adopted SEPA procedures and policies.

B.       Consistency. The city shall determine whether items (1) through (4) listed
         in this subsection are defined in the development regulations applicable to
         the proposed project. In the absence of applicable development
         regulations, the city shall determine whether the items listed in this
         subsection are defined in the city’s adopted comprehensive plan. This
         determination of consistency shall consider the following:

         1. The type of land use permitted at the site, including uses that may be
         allowed under certain circumstances, if the criteria for their approval have
         been satisfied; and

         2. The level of development, such as units per acre, density of residential
         development in urban growth areas, or other measures of density; and

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

         4. Character of the development, relative to adopted policies, regulations
         and guidelines (RCW 36.70B.030, 36.70B.040).

11-7-2          Initial SEPA analysis:

A.       The city shall also review the project permit application under the
         requirements of the State Environmental Policy Act (“SEPA”), Chapter
         43.21C RCW, the SEPA Rules, Chapter 197-11 WAC, and the city’s
         SEPA procedures and policies, and shall:

        1. Determine whether the applicable regulations require studies that
        adequately analyze all of the project permit application’s specific probable
        adverse environmental impacts;
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Land Development Code                                                     Ordinance No. 836
       2. Determine if the applicable regulations require measures that
       adequately address such environmental impacts;

       3. Determine whether additional studies are required and/or whether the
       project permit application should be conditioned with additional mitigation
       measures;

       4. Provide the opportunity for coordinated review by government
       agencies and the public on compliance with applicable environmental laws
       and plans, including mitigation for specific project impacts that have not
       been considered and addressed at the plan or development regulation
       level.

B.     In the city’s review of a project permit application, the city may determine
       that the requirements for environmental analysis, protection and mitigation
       measures in the applicable development regulations, comprehensive plan
       and/or in other applicable local, state or federal laws provide adequate
       analysis of and mitigation for the specific adverse environmental impacts
       of the application.

C.     If the city’s approval of the project permit application is based or
       conditioned on compliance with the requirements or mitigation measures
       described in subsection 11-7-3.A of this section, the city shall not impose
       additional mitigation under SEPA during project review.

D.     A comprehensive plan, development regulation or other applicable local,
       state or federal law provides adequate analysis of and mitigation for the
       specific adverse environmental impacts of an application when:

       1. The impacts have been avoided or otherwise mitigated; or

       2. The city has designated as acceptable certain levels of service, land
       use designations, development standards or other land use planning
       required or allowed by Chapter 36.70A RCW.

E.     In the city’s decision whether a specific adverse environmental impact has
       been addressed by an existing rule or law of another agency with
       jurisdiction and environmental expertise with regard to a specific
       environmental impact, the city shall consult orally or in writing with that
       agency and may expressly defer to that agency. In making this deferral,
       the city shall base or condition project approval on compliance with these
       other existing rules or laws.



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Land Development Code                                                Ordinance No. 836
F.       Nothing in this section limits the authority of the city’s review or mitigation
         of a project to adopt or otherwise rely on environmental analyses and
         requirements under other laws, as provided by Chapter 43.21C RCW.

11-7-3          Categorically exempt and planned actions:

A.       Categorically Exempt. Actions categorically exempt under RCW
         43.21C.110 (1)(a) do not require environmental review or the preparation
         of an environmental impact statement. An action that is categorically
         exempt under the rules adopted by the Department of Ecology (Chapter
         197-11 WAC) may not be conditioned or denied under SEPA (RCW
         43.21C.031).

B.       Planned Actions.

         1. A planned action does not require a threshold determination or the
         preparation of an environmental impact statement under SEPA, but is
         subject to environmental review and mitigation under SEPA.

         2. A “planned action” means one or more types of project action that:

               a. Are designated planned actions by an ordinance or resolution
         adopted by the city;

               b. Have had the significant impacts adequately addressed in an
         environmental impact statement prepared in conjunction with:

                  i. A comprehensive plan or subarea plan adopted under Chapter
                  36.70A RCW, or

                  ii. A fully contained community, a master planned resort, a
                  master planned development or a phased project;

                c. Are subsequent or implementing projects for the proposals listed
         in 2.b of this subsection;

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

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

               f. Are consistent with the city’s comprehensive plan adopted under
         Chapter 36.70A RCW (RCW 43.21C.031).


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C.     Limitations on Planned Actions. The city shall limit planned actions to
       certain types of development or to specific geographical areas that are
       less extensive than the jurisdictional boundaries of the city, and may limit
       a planned action to a time period identified in the environmental impact
       statement or in the ordinance or resolution designating the planned action
       under RCW 36.70A.040 (RCW 43.21C.031).

D.     Limitations on SEPA Review. During project review, the city shall not re-
       examine alternatives to, or hear appeals on, the items identified in section
       11-7-1.B except for issues of code interpretation. Project review shall be
       used to identify specific project design and conditions relating to the
       character of development, such as the details of site plans, curb cuts,
       drainage swales, the payment of impact fees, or other measures to
       mitigate a proposal’s probable adverse environmental impacts (RCW
       36.70B.030(3)).




RCC Title 11                            55                       Effective July 22, 2009
Land Development Code                                                Ordinance No. 836
CHAPTER 11-8            OPEN RECORD PUBLIC HEARINGS

SECTION:
11-8-1          General
11-8-2          Responsibility of city planner for hearing
11-8-3          Conflict of interest, ethics, open public meetings, appearance
                of fairness
11-8-4          Ex parte communications
11-8-5          Disqualification and recusal
11-8-6          Burden and nature of proof
11-8-7          Order of proceedings
11-8-8          Decision and notice of decision
11-8-9          Calculation of time period for issuance of notice of decision


11-8-1       General: Public hearings on all Type II, III-A, III-B, and V project
permit applications shall be conducted in accordance with this chapter (RCW
36.70B.020(3)).

11-8-2          Responsibility of city planner for hearing:         The city planner
shall:

A.       Schedule the application for review and public hearing.

B.       Give notice of the public hearing.

C.       Prepare the staff report on the application, which shall be a single report
         stating all of the decisions made as of the date of the report, including
         recommendations on project permits in the consolidated permit process
         that do not require an open record pre-decision hearing. The report shall
         state any mitigation required or proposed under the development
         regulations or the city’s authority under SEPA. If the threshold
         determination other than a determination of significance has not been
         issued previously by the city, the report shall include or append this
         determination. In the case of a Type I or II project permit application, this
         report may be the permit.

C.       Prepare the notice of decision, if required by the hearing body and/or mail
         a copy of the notice of decision to those required by this code to receive
         such decision.

11-8-3       Conflict of interest, ethics, open public meetings, appearance
of fairness: The hearing body shall be subject to the code of ethics (RCW
35A.42.020), prohibitions on conflict of interest (RCW 35A.42.020 and Chapter
42.23 RCW), open public meetings (Chapter 42.30 RCW), and appearance of

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fairness (Chapter 42.36 RCW) as the same now exist or may hereafter be
amended.

11-8-4          Ex parte communications:

A.       No member of the hearing body may communicate, directly or indirectly,
         regarding any issue in a proceeding before him or her, other than to
         participate in communications necessary to procedural aspects of
         maintaining an orderly process, unless he or she provides notice and
         opportunity for all parties to participate; except as provided in this section:

         1. Members of the hearing body may receive advice from legal counsel;

         2. Members of the hearing body may communicate with staff members
         (except where the proceeding relates to a code enforcement investigation
         or prosecution); provided, that the subject matter discussed is noted for
         the record by said member of the hearing body.

B.       If, before serving as a member of the hearing body in a quasi-judicial
         proceeding, such member receives an ex parte communication of a type
         that could not properly be received while serving, the member of the
         hearing body, promptly after starting to serve, shall disclose the
         communication as described in Section 11-8-4.C below.

C.       If any member of the hearing body receives an ex parte communication in
         violation of this section, he or she shall place on the record:

         1. All written communications received;

         2. All written responses to the communications;

         3. State the substance of all oral communications received, and all
         responses made;

         4. The identity of each person from whom the member of the hearing body
         received any ex parte communication. The hearing body shall advise all
         parties that these matters have been placed on the record. Upon request
         made within 10 days after notice of the ex parte communication, any party
         desiring to rebut the communication shall be allowed to place a rebuttal
         statement on the record.

11-8-5          Disqualification and recusal:

A.       Any member who chooses to recuse himself shall state his reasons. Any
         member who chooses to recuse himself or is disqualified shall abstain
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Land Development Code                                                    Ordinance No. 836
       from voting on the proposal, vacate the seat on the hearing body and
       leave the hearing.

B.     If disqualification would reduce the hearing body to less than a quorum,
       then all members present after stating their reasons for disqualification
       shall be qualified and permitted to vote.

C.     Except for Type V actions, a member absent during the presentation of
       evidence in a hearing may not participate in the deliberations or decision
       unless the member has reviewed the evidence received.

11-8-6       Burden and nature of proof: Except for Type V actions, the
burden of proof is on the proponent. The project permit application must be
supported by proof that it conforms to the applicable elements of the city’s
development regulations and comprehensive plan, and that any significant
adverse environmental impacts have been adequately addressed.

11-8-7       Order of proceedings: The order of proceedings for a hearing will
depend in part on the nature of the hearing. The following shall be supplemented
by administrative procedures as appropriate.

A.     Before receiving information on the issue, the following shall be
       determined:

       1. Any objections on jurisdictional grounds shall be noted on the record
       and if there is objection, the hearing body has the discretion to proceed or
       terminate.

       2. Any abstentions or disqualifications shall be determined.

B.     The presiding officer may take official notice of known information related
       to the issue, such as:

       1. A provision of any ordinance, resolution, rule, officially adopted
        development standard or state law;

       2. Other public records and facts judicially noticeable by law.

C.     Matters officially noticed need not be established by evidence and may be
       considered by the hearing body in its determination. Parties requesting
       notice shall do so on the record. However, the hearing body may take
       notice of matters listed in subsection B.2 of this section if stated for the
       record. Any matter given official notice may be rebutted.



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Land Development Code                                                 Ordinance No. 836
D.       The hearing body may view the area in dispute with or without notification
         to the parties, but shall place the time, manner and circumstances of such
         view on the record.

E.       Information shall be received from the staff and from proponents and
         opponents. The presiding officer may approve or deny a request from a
         person attending the hearing to ask a question. Unless the presiding
         officer specifies otherwise, if the request to ask a question is approved,
         the presiding officer will direct the question to the person submitting
         testimony.

F.       After receiving information, the hearing body shall openly discuss the
         issue and may further question a person submitting information or the staff
         if opportunity for rebuttal is provided.

G.       When the planning commission performs in the capacity as the hearing
         body, a majority of the commission’s membership shall constitute a
         quorum for the transaction of official business; provided that a smaller
         number may adjourn from time to time. Every official act taken by the
         commission on discretionary items requiring a public hearing shall be by
         resolution or motion adopted by an affirmative vote of a majority of the
         membership, except in those instances when one or more members of the
         commission recuse themselves from a particular case, then a resolution or
         motion shall be adopted by an affirmative vote of a majority of the
         membership present. However, failure to obtain such affirmative vote shall
         not prevent consideration by the commission of other resolutions and
         motions concerning such item which may subsequently be properly
         presented. All other official actions taken by the commission shall be by
         resolution or motion adopted by an affirmative vote of a majority of the
         quorum, or of the members present, if more members are present than
         required for a quorum.

11-8-8         Decision and notice of decision:

A.       Following the hearing procedure described in Section 11-8-7, the hearing
         body shall approve, conditionally approve, or deny the application. If the
         hearing is an appeal, the hearing body shall affirm, reverse or remand the
         decision that is on appeal.

B.       The hearing body’s written decision shall issue within 15 days after the
         hearing on the project permit application. The notice of decision shall
         issue within 120 days after the city notifies the applicant that the
         application is complete. The time frames set forth in this section and
         Section 11-8-9 shall apply to project permit applications filed after the
         effective date of this ordinance.

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C.       The city shall provide a notice of decision that also includes a statement of
         any threshold determination made under SEPA (Chapter 43.21C RCW)
         and the procedures for appeal, if any. For Type II, III-A, III-B, and IV
         project permits, the notice of decision on the issued permit shall contain
         the requirements set forth in Section 11-6-3.B.

D.       The notice of decision shall be provided to the applicant and to any person
         who, prior to the rendering of the decision, requested notice of the
         decision or submitted substantive comments on the application.

E.       If the city is unable to issue the notice of decision on a project permit
         application within the time limits provided for in this section, the city shall
         provide written notice of this fact to the project applicant. The notice shall
         include a statement of reasons why the time limits have not been met and
         an estimated date for issuance of the notice of decision (RCW
         36.70B.090).

11-8-9          Calculation of time period for issuance of notice of decision:

A.       In determining the number of days that have elapsed after the city has
         notified the applicant that the application is complete for purposes of
         calculating the time for issuance of the notice of decision, the following
         periods shall be excluded:

         1. Any period during which the applicant has been requested by the city
         to correct plans, perform required studies, or provide additional required
         information. The period shall be calculated from the date the city notifies
         the applicant of the need for additional information until the earlier of the
         date the local government determines whether the additional information
         satisfies the request for information or 14 days after the date the
         information has been provided to the city;

         2. If the city determines that the information submitted by the applicant
         under Section 11-8-9.A.1 is insufficient, the city shall notify the applicant of
         the deficiencies and the procedures under Section 11-8-9.A.1 of this
         subsection shall apply as if a new request for studies had been made;

         3. Any period during which an environmental impact statement is being
         prepared following a determination of significance pursuant to Chapter
         43.21C RCW, if the city by ordinance has established time periods for
         completion of environmental impact statements, or if the city and the
         applicant in writing agree to a time period for completion of an
         environmental impact statement;

        4. Any period for administrative appeals of project permits, if an open
        record appeal hearing or a closed record appeal, or both, are allowed.
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Land Development Code                                                    Ordinance No. 836
       The time period for consideration and decision on appeals shall not
       exceed 90 days for an open record appeal hearing and 60 days for a
       closed record appeal, unless the parties agree to extend these time
       periods; and

       5. Any extension of time mutually agreed upon by the applicant and the
       city.

B.     The time limits established in this title do not apply if a project permit
       application:

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

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

       3. Is an application for a permit or approval described in Section 11-4-6;
       or

       4. Is substantially revised by the applicant, in which case the time period
       shall start from the date at which the revised project application is
       determined to be complete under Section 11-5-3 (RCW 36.70B.090).




RCC Title 11                           61                       Effective July 22, 2009
Land Development Code                                               Ordinance No. 836
CHAPTER 11-9            CLOSED RECORD DECISIONS AND APPEALS

SECTION:
11-9-1         Appeals of decisions
11-9-2         Consolidated appeals
11-9-3         Standing to initiate appeal
11-9-4         Closed record decisions and appeals
11-9-5         Procedure for closed record decision/appeal
11-9-6         Judicial appeals

11-9-1      Appeals of decisions: Project permit applications shall be
appealable as provided in the framework in Section 11-4-3 (RCW 36.70B.090
(1)(c)).

11-9-2         Consolidated appeals:

A.       All appeals of project permit application decisions, other than an appeal of
         determination of significance (“DS”), shall be considered together in a
         consolidated appeal (RCW 43.21C.075, RCW 36.70B.060(6)).

B.       Appeals of environmental determinations shall proceed as provided in the
         city’s SEPA procedures and policies.

11-9-3         Standing to initiate appeal:

A.       Limited to Parties of Record. Only parties of record may initiate an appeal
         of a Type II, III-A, III-B or IV decision on a project permit application.

B.       Definition. The term “parties of record” for the purposes of this chapter,
         shall mean:

         1. The applicant;

         2. Any person who testified at the open record public hearing on the
         application;

         3. Any person who submitted written comments concerning the
         application at the open record public hearing (excluding persons who have
         only signed petitions or mechanically produced form letters); and/or

         4. Any person who submitted written comments during the formal
         comment period specified for administrative use permits, minor site plan
         review, or minor variance application.



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Land Development Code                                                  Ordinance No. 836
11-9-4          Closed record decisions and appeals:

A.       Type II, III-A, III-B, or IV project permit decisions or recommendation.
         Appeals of the hearing body’s decision or recommendation on a Type II,
         III-A, III-B, or IV project permit application shall be governed by the
         following:

         1. Standing. Only parties of record have standing to appeal the hearing
         body’s decision.

         2. Time to File. An appeal of the hearing body’s decision must be filed
         within 14 calendar days following issuance of the hearing body’s written
         decision. Appeals may be delivered to the city clerk-treasurer by mail,
         personal delivery or by fax before 5:00 p.m. on the last business day of
         the appeal period.

         3. Computation of Time. For the purposes of computing the time for filing
         an appeal, the day the hearing body’s decision is rendered shall not be
         included. The last day of the appeal period shall be included unless it is a
         Saturday, Sunday, a day designated by RCW 1.16.050 or by the city’s
         ordinances as a legal holiday. Such days shall be excluded from the
         appeal period and the filing must be complete on the next business day
         (RCW 35A.21.080).

         4. Content of Appeal. Appeals shall be in writing, be accompanied by an
         appeal fee, and contain the following information:

            a. Appellant’s name, address and phone number;

            b. Appellant’s statement describing his or her standing to appeal;

            c. Identification of the application which is the subject of the appeal;

            d. Appellant’s statement of grounds for appeal and the facts upon
         which the appeal is based;

            e. The relief sought, including the specific nature and extent;

            f. A statement that the appellant has read the appeal and believes the
         contents to be true, followed by the appellant’s signature.

         5. Effect. The timely filing of an appeal shall stay the effective date of the
         hearing body’s decision until such time as the appeal is adjudicated by the
         appellate body or withdrawn.


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Land Development Code                                                    Ordinance No. 836
         6. Notice of Appeal. The city planner shall provide public notice of the
         appeal as provided in Section 11-6-3.B.

11-9-5         Procedure for closed record decision/appeal:

A.       The following subsections of this title shall apply to a closed record
         decision/appeal hearing: 11-8-3; 11-8-4; 11-8-5; 11-8-6; 11-8-7.A; 11-8-
         7.B; 11-8-7.C; 11-8-7.D; 11-8-7.F and 11-8-8.

B.       The closed record decision/appeal hearing shall be on the record before
         the hearing body, and no new evidence may be presented (RCW
         36.70B.020).

11-9-6        Judicial appeals: The city’s final decision on an application may
be appealed by a party of record with standing to file a land use petition in
superior court. Such petition must be filed within 21 days of issuance of the
decision, as provided in Chapter 36.70C RCW.




RCC Title 11                            64                      Effective July 22, 2009
Land Development Code                                               Ordinance No. 836
CHAPTER 11-10 RESERVED




RCC Title 11             65   Effective July 22, 2009
Land Development Code             Ordinance No. 836
CHAPTER 11-11           ZONING DISTRICTS, MAPS AND BOUNDARIES

SECTION:
11-11-1        Establishment of zoning districts
11-11-2        Official zoning map
11-11-3        Unclassified property/pre-annexation zoning
11-11-4        Zoning map amendments (rezones)
11-11-5        Interpretation of map boundaries
11-11-6        Zoning regulations applicable within districts

11-11-1       Establishment of zoning districts: In order to carry out the
purpose of this title in the interest of public health, safety and general welfare, the
following zoning districts are established:

Single Family Residential (SFR)
Traditional Residential Design (TRD)
Multi-Family Residential (MFR)
Commercial (C)
Light Industrial (LI)
Rodeo (R)
Mixed Use (MU)
Western Design Overlay (WDO)
Public Facilities Overlay (PFO)
Railroad Overlay (RO)

11-11-2        Official zoning map: The boundaries of the zoning districts are
established and delineated on the official zoning map entitled “City of Roy Zoning
Map”. The adopting ordinance number and its effective date shall be recorded
on the face of the map. The map is incorporated as a part of this title and shall be
kept on file in the city clerk-treasurer’s office.

11-11-3      Unclassified property/pre-annexation zoning: All property not
otherwise classified on the official zoning map shall be treated as follows:

A.     Interim Zoning: All property not otherwise classified on the official zoning
       map is hereby placed in an interim zone. The provisions applicable to the
       SFR district shall govern the interim zone.

B.     Annexation: Upon annexation of property, or the city otherwise being
       made aware of property in the interim zoning classification, the city
       planner shall commence all necessary steps to zone such property.
       Interim zoning of property shall be for six months unless otherwise
       provided by ordinance.

11-11-4      Zoning map amendments (rezones): Zoning map amendments
shall be made by ordinance and the resulting zoning district boundary change
RCC Title 11                        66                        Effective July 22, 2009
Land Development Code                                                  Ordinance No. 836
shall be reflected on the official zoning map. The amendment procedure shall be
in conformance with chapter 11-36. The amendment boundary, ordinance
number and date shall be identified on the zoning map. A contract rezone or a
planned development shall be identified by the placement of the applicable
ordinance number after the zoning district designation on the zoning map [e.g.,
SFR (888)].

11-11-5        Interpretation of map boundaries:

A.     Rules of Interpretation. When uncertainty exists as to the boundaries of
       any zoning district shown on the official zoning map, the following rules
       shall apply:

       1. Where district boundaries are separated by a right-of-way, they shall
       extend to the centerline of the right-of-way. Where a district boundary and
       city limit are separated by a right-of-way, the boundary shall extend to the
       city limit.

       2. Where a district boundary is indicated as approximately following the
       centerline of an alley, street, highway, freeway, railroad track, creek or
       river, the centerline shall be construed to be the district boundary.

       3. Where a district boundary is indicated as approximately following a lot
       line, the lot line shall be construed to be the district boundary.

       4. Where a district boundary divides a lot, the location of the boundary,
       unless it is indicated by dimensions, shall be determined by use of the
       scale appearing on the official zoning map.

B.     Uncertainty of District Boundary. If, after using the above rules, the city
       planner is unable to conclusively identify a district boundary, the planning
       commission shall recommend and the city council shall determine the
       location of the district boundary.

11-11-6        Zoning regulations applicable within districts:

A.     The regulations implementing section 11-1-2 are hereby established and
       declared to be in effect upon all land included within the boundaries of
       each zoning district shown upon the official zoning map.

B.     Title Compliance. Except as provided elsewhere in this title:

       1. No structure shall be erected and no existing structure shall be moved,
       altered, reconstructed, replaced or enlarged, nor shall any land or
       structure be used for any purpose or in any manner other than a use listed

RCC Title 11                            67                       Effective July 22, 2009
Land Development Code                                                Ordinance No. 836
       in this title as permitted in the zoning district in which the land or structure
       is located.

       2. No structure shall be erected, nor shall any existing structure be moved,
       altered, reconstructed, replaced or enlarged to exceed in height the limit
       established by this title for the zoning district in which the structure is
       located.

       3. No structure shall be erected nor shall any structure be moved, altered,
       reconstructed, replaced or enlarged, nor shall any open space
       surrounding any structure be encroached upon or reduced in any manner,
       except in conformity with the development requirements established by
       this title for the zoning district in which the structure is located.

       4. No improvement, yard or open space on a lot shall be considered as
       providing improvement, yard or open space for another lot except as
       provided for by this title.




RCC Title 11                              68                        Effective July 22, 2009
Land Development Code                                                   Ordinance No. 836
CHAPTER 11-12           SINGLE FAMILY RESIDENTIAL (SFR) DISTRICT

SECTION:
11-12-1        Purpose
11-12-2        Permitted uses
11-12-3        Accessory uses
11-12-4        Conditional uses
11-12-5        Administrative uses
11-12-6        Development standards

11-12-1       Purpose: The SFR zoning district is intended to preserve and
enhance the character of existing single family residential neighborhoods. These
include well-established neighborhoods platted and developed in a traditional
grid pattern in the historic core of the community. The district also includes
neighborhoods more recently designed and built to Pierce County standards and
subsequently annexed to the city. New development must fit within the context
of these existing neighborhoods and be integrated in terms of pedestrian and
vehicular connections.

11-12-2     Permitted uses: Uses permitted subject to compliance with SFR
development standards:

A.     Single-family dwelling.

B.     Manufactured home subject to manufactured/mobile housing development
       standards in section 11-22-9.

C.     Adult family home.

D.     Passive parks, including, but not limited to: open, landscaped or natural
       areas; recreational trail systems; picnic areas; gardens; arboretums;
       viewpoints and related structures.

E.     Public or quasi-public facility, unstaffed and ≤ 500 square feet in gross
       floor area subject to compliance with landscape standards in chapter 11-
       24.

11-12-3        Accessory uses: Uses permitted in conjunction with, or accessory
to, a principal use permitted in section 11-12-2:

A.     Accessory dwelling unit, subject to compliance with section 11-22-12.

B.     Family day-care facility, subject to compliance with section 11-22-10.

C.     Home occupation – Type I, subject to compliance with section 11-22-13.

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D.     Amateur and citizen band transmitter, support structure and antenna
       array, subject to compliance with section 11-22-7.

E.     Residential accessory use or structure that is subordinate and incidental to
       a permitted residential dwelling unit, subject to compliance with chapter
       11-22. Residential accessory uses and structures may include, but are
       not limited to: garage, carport, storage shed, noncommercial greenhouse,
       patio, swimming pool, sport court, gazebo, pergola, trellis, fence, and
       similar uses or structures.

F.     Other accessory use or structure that is subordinate and incidental to a
       principally permitted use, as determined by the city planner.

11-12-4       Conditional uses: Uses permitted subject to conditional use permit
approval in accordance with chapter 11-34:

A.     Child day-care center.

B.     Home occupation – Type II, subject to compliance with section 11-22-13.

C.     School, accredited K-12, public or private.

D.     Preschool, accredited, public or private.

E.     Religious institution.

F.     Bed and breakfast establishment, subject to compliance with section 11-
       22-11.

G.     Assisted living facility, including congregate care facility, convalescent
       home, hospice care center, residential care facility, and residential
       treatment facility.

H.     Public or quasi-public facility, > 500 square feet in gross floor area, subject
       to compliance with landscape standards in chapter 11-24.

I.     Active parks including, but not limited to: hard and soft surface play areas;
       playground equipment; outdoor sports courts; lighted fields; swimming
       pools; and outdoor stages.

J.     Agricultural use.

K.     A use not listed above that: is not listed in another zoning district as a
       permitted or conditional use; is similar in nature to the above list of
       permitted and conditional uses; is consistent with the purpose and intent

RCC Title 11                             70                        Effective July 22, 2009
Land Development Code                                                  Ordinance No. 836
       of this zoning district; and is compatible with the uses on adjoining
       properties.

11-12-5      Administrative Uses: Uses permitted subject to administrative
use permit approval in accordance with chapter 11-33:

A.     Wireless communication facility, subject to compliance with chapter 11-25.

11-12-6        Development standards:

  Maximum density                       5 dwelling units per gross acre.

  Minimum lot area                      7,200 square feet when served by City
                                        water and public sewer, or as required
                                        by the Tacoma - Pierce County Health
                                        Department for septic systems,
                                        whichever is larger.
  Maximum height                        30 feet. See section 11-22-7 for
                                        exceptions.
  Minimum front yard setback            15 feet. 20 feet for attached garage with
                                        garage door facing the street. See
                                        section 11-22-2 for setback reduction
                                        and allowable encroachments.
  Minimum interior side yard setback    5 feet for first story. 8 feet for upper
                                        story. See section 11-22-2 for allowable
                                        encroachments.
  Minimum corner side yard setback      15 feet. 20 feet for attached garage
                                        with garage door facing the street. See
                                        section 11-22-2 for allowable
                                        encroachments.
  Minimum rear yard setback             20 feet. See section 11-22-2 for
                                        allowable encroachments.
  Accessory building standards          See section 11-22-3.
  Maximum lot coverage for              40% for all structures combined.
  structures
  Maximum impervious surface            50% for structures and other impervious
  coverage                              surfaces combined.
  Minimum lot width                     60 feet.
  Minimum frontage on a public street   50 feet. 25 feet if located on cul-de-sac
                                        or facing the inside curve of a street.
  Additional specific use and           See chapter 11-22.
  structure regulations
  Parking and circulation               See chapter 11-23.
  Landscape regulations                 See chapter 11-24.
  Streetscape design elements           See chapter 11-28.
RCC Title 11                            71                      Effective July 22, 2009
Land Development Code                                               Ordinance No. 836
  Calculations resulting in a fraction shall be rounded to the nearest whole number with .50 being rounded up.




RCC Title 11                                              72                                   Effective July 22, 2009
Land Development Code                                                                              Ordinance No. 836
CHAPTER 11-13 TRADITIONAL RESIDENTIAL DESIGN (TRD) DISTRICT

SECTION:
11-13-1        Purpose
11-13-2        Permitted uses
11-13-3        Accessory uses
11-13-4        Conditional uses
11-13-5        Administrative uses
11-13-6        Development standards

11-13-1       Purpose: The TRD zoning district is intended to encourage a broad
range of housing types, including single-family, duplex and where appropriate --
multi-family structures. Multi-family structures containing up to four units per
building are permitted only when this facilitates the protection of critical areas or
the retention of significant open space. Development plans must use traditional
small lot designs or other compact development patterns that achieve
pedestrian-friendly, human-scale neighborhoods. These neighborhoods will have
interconnected street patterns, buildings that face streets, sidewalks or other
public space, small setbacks, parking placed to the rear of buildings with access
from alleys where feasible, and a variety of architectural building styles, design
features and amenities that provide visual interest and reinforce the human-scale
character of the neighborhood.

11-13-2      Permitted Uses: Uses permitted subject to compliance with
applicable small lot and multi-family design standards and guidelines in chapter
11-27, and planned development approval in accordance with chapter 11-31:

A.     Single-family dwelling.

B.     Adult family home.

C.     Duplex dwelling.

D.     Multi-family dwelling within a structure containing no more than four
       dwelling units, when clustered to avoid critical areas or to retain significant
       open space.

E.     Manager’s office, recreation facilities, laundry facilities, and other
       structures and facilities intended for use by residents of a residential
       complex.

F.     Passive parks, including, but not limited to: open, landscaped or natural
       areas; recreational trail systems; picnic areas; gardens; arboretums;
       viewpoints and related structures.


RCC Title 11                             73                        Effective July 22, 2009
Land Development Code                                                  Ordinance No. 836
G.     Public or quasi-public facility, un-staffed and less than or equal to 500
       hundred square feet in gross floor area, subject to compliance with
       landscape standards in chapter 11-24.

11-13-3        Accessory Uses: Uses permitted in conjunction with, or accessory
to, a principal use permitted in section 11-13-2:

A.     Accessory dwelling unit, subject to compliance with section 11-22-12.

B.     Family day-care facility, subject to compliance with section 11-22-10.

C.     Home occupation – Type I, subject to compliance with section 11-22-13.

D.     Amateur and citizen band transmitter, support structure and antenna
       array, subject to compliance with section 11-22-7.

E.     Residential accessory use or structure that is subordinate and incidental to
       a permitted residential dwelling unit, subject to compliance with chapter
       11-22. Residential accessory uses and structures may include, but are
       not limited to: garage, carport, storage shed, noncommercial greenhouse,
       patio, swimming pool, sport court, gazebo, pergola, trellis, fence, and
       similar uses or structures.

F.     Wireless communication facility, subject to compliance with chapter 11-25.

G.     Other accessory use or structure that is subordinate and incidental to a
       principally permitted use, as determined by the city planner.

11-13-4      Conditional Uses: Uses permitted subject to conditional use
permit approval in accordance with chapter 11-34:

A.     Child day-care center.

B.     Home occupation – Type II, subject to compliance with section 11-22-13.

C.     School, accredited K-12, public or private.

D.     Preschool, accredited, public or private.

E.     Religious institution.

F.     Bed and breakfast establishment, subject to compliance with section 11-
       22-11.



RCC Title 11                            74                       Effective July 22, 2009
Land Development Code                                                Ordinance No. 836
G.       Assisted living facility, including congregate care facility, convalescent
         home, hospice care center, residential care facility, and residential
         treatment facility.

H.       Public or quasi-public facility, > 500 square feet in gross floor area, subject
         to compliance with landscape standards in chapter 11-24. Excludes
         substation.

I.       Active parks including, but not limited to: hard and soft surface play areas;
         playground equipment; outdoor sports courts; lighted fields; swimming
         pools; and outdoor stages.

J.       A use not listed above that: is not listed in another zoning district as a
         permitted or conditional use; is similar in nature to the above list of
         permitted and conditional uses; is consistent with the purpose and intent
         of this zoning district; and is compatible with the uses on adjoining
         properties.

11-13-5      Administrative Uses: Uses permitted subject to administrative
use permit approval in accordance with chapter 11-33:

A.       Wireless communication facility, subject to compliance with chapter 11-25.

11-13-6         Development Standards:

     Maximum density                  10 dwelling units per gross acre.
     Minimum lot area for             Determined through PD review process, and
     residential use                  as required by the Tacoma - Pierce County
                                      Health Department for development served by
                                      septic systems. See also chapter 11-27.
     Maximum lot area for             Determined through PD review process.
     residential use
     Maximum height                   30 feet for small lot development; 35 feet for
                                      other uses. Exceptions may be authorized
                                      per section 11-22-7.
     Minimum and maximum front,       Setbacks and allowable encroachments
     interior side, corner side and   determined through PD review process. See
     rear yard setbacks               also chapter 11-27.
     Accessory structure              Determined through PD or CUP review
     standards                        process. See also chapter 11-27.
     Maximum lot coverage for         Determined through PD or CUP review
     structures                       process. See also chapter 11-27.
     Maximum impervious surface       Determined through PD or CUP review
     coverage                         process. See also chapter 11-27.
     Maximum % of multi-family        25% of the total number of units within a
RCC Title 11                               75                        Effective July 22, 2009
Land Development Code                                                    Ordinance No. 836
  dwelling units allowed                    development.
  Additional specific use and               See chapters 11-22 and 11-27.
  structure regulations
  Parking and circulation                   See chapters 11-23 and 11-27.
  Landscaping regulations                   See chapters 11-24 and 11-27.
  Small lot and multi-family                See chapter 11-27.
  design regulations
  Streetscape design elements               See chapter 11-28.
  Calculations resulting in a fraction shall be rounded to the nearest whole number with .50 being rounded
  up.




RCC Title 11                                        76                               Effective July 22, 2009
Land Development Code                                                                    Ordinance No. 836
CHAPTER 11-14           MULTI-FAMILY RESIDENTIAL (MFR) DISTRICT

SECTION:
11-14-1        Purpose
11-14-2        Permitted uses
11-14-3        Accessory uses
11-14-4        Conditional uses
11-14-5        Administrative uses
11-14-6        Development standards

11-14-1       Purpose: The MFR zoning district is intended to provide for a
diversity of housing types, including multi-family, duplex and other types of
housing, where appropriate. Multi-family development standards and guidelines
ensure that new housing will be integrated into the community and be compatible
with the surrounding context while providing functional, safe, vibrant and
desirable neighborhoods. Development plans must use compact development
patterns that achieve pedestrian-friendly, human-scale neighborhoods.

11-14-2      Permitted Uses: Uses permitted subject to compliance with
applicable multi-family design standards and guidelines in chapter 11-27 and site
plan approval in accordance with chapter 11-35:

A.     Adult family home.

B.     Duplex dwelling.

C.     Multi-family dwelling.

D.     Mobile home park, subject to manufactured/mobile housing development
       standards in section 11-22-9.

E.     Assisted living facility, including congregate care facility, convalescent
       home, hospice care center, residential care facility, and residential
       treatment facility.

F.     Manager’s office, recreation facilities, laundry facilities, and other
       structures and facilities intended for use by residents of a residential
       complex.

G.     Passive parks, including, but not limited to: open, landscaped or natural
       areas; recreational trail systems; picnic areas; gardens; arboretums;
       viewpoints and related structures.

H.      Public or quasi-public facility, un-staffed and ≤ 500 square feet in gross
        floor area, subject to compliance with landscape standards in chapter 11-
        24.
RCC Title 11                              77                     Effective July 22, 2009
Land Development Code                                                   Ordinance No. 836
11-14-3        Accessory Uses: Uses permitted in conjunction with, or accessory
to, a principal use permitted in section 11-14-2:

A.     Family day-care facility, subject to compliance with section 11-22-10.

B.     On-site child day-care facility for use solely by residents of a multi-family
       development.

C.     Home occupation – Type I, subject to compliance with section 11-22-13.

D.     Amateur and citizen band transmitter, support structure and antenna
       array, subject to compliance with section 11-22-7.

E.     Residential accessory use or structure that is subordinate and incidental to
       a permitted residential dwelling unit, subject to compliance with chapter
       11-22. Residential accessory uses and structures may include, but are not
       limited to: garage, carport, storage shed, noncommercial greenhouse,
       patio, swimming pool, sport court, gazebo, pergola, trellis, fence, and
       similar uses or structures.

F.     Other accessory use or structure that is subordinate and incidental to a
       principally permitted use, as determined by the city planner.

11-14-4      Conditional Uses: Uses permitted subject to conditional use
permit approval in accordance with chapter 11-34:

A.     Child day-care center.

B.     Home occupation – Type II, subject to compliance with section 11-22-13.

C.     School, accredited K-12, public or private.

D.     Preschool, accredited, public or private.

E.     Religious institution.

F.     Active parks including, but not limited to: hard and soft surface play areas;
       playground equipment; outdoor sports courts; lighted fields; swimming
       pools; and outdoor stages.

G.     Public or quasi-public facility, greater than 500 square feet in gross floor
       area, subject to compliance with landscape standards in chapter 11-24.

H.     Essential public facility as per RCW 36.70A.200, and as determined by
       section 11-22-22.

RCC Title 11                            78                        Effective July 22, 2009
Land Development Code                                                 Ordinance No. 836
I.        A use not listed above that: is not listed in another zoning district as a
          permitted or conditional use; is similar in nature to the above list of
          permitted and conditional uses; is consistent with the purpose and intent
          of this zoning district; and is compatible with the uses on adjoining
          properties.

11-14-5      Administrative Uses: Uses permitted subject to administrative
use permit approval in accordance with chapter 11-33:

A.        Wireless communication facility, subject to compliance with chapter 11-25.

11-14-5         Development Standards:

     Maximum density                       20 dwelling units per gross acre.
     Minimum or maximum lot area           Determined through the CUP or site
                                           plan review process, and as required by
                                           the Tacoma - Pierce County Health
                                           Department for development served by
                                           septic systems. See also chapter 11-27.
     Maximum height                        35 feet. A maximum 40-foot height is
                                           allowed if off-street parking is provided
                                           below grade or within a ground-level
                                           garage in lieu of uncovered surface
                                           parking. Exceptions may be authorized
                                           per section 11-22-7.
     Minimum front yard setback            20 feet for first and second story. 30
                                           feet for third story.
     Minimum interior side yard setback    8 feet for first and second story. 15 feet
                                           for third story.
     Minimum corner side yard setback      15 feet for first and second story. 25
                                           feet for third story.
     Minimum rear yard setback             20 feet for first and second story. 30
                                           feet for third story.
     Minimum dwelling structure            10 feet for 1-story, 15 feet for 2-story
     separation                            and 20 feet for 3-story structures.
     Maximum lot coverage for              60% for all structures combined.
     structures
     Maximum impervious surface            Determined through the site plan review
     coverage                              process for residential uses per chapter
                                           11-27; otherwise 75%.
     Additional specific use and           See chapters 11-22 and 11-27
     structure regulations
     Parking and circulation               See chapters 11-23 and 11-27
     Landscaping regulations               See chapters 11-24 and 11-27
     Multi-family design regulations       See chapter 11-27
RCC Title 11                              79                        Effective July 22, 2009
Land Development Code                                                   Ordinance No. 836
  Streetscape design elements                       See chapter 11-28
  Calculations resulting in a fraction shall be rounded to the nearest whole number with .50 being rounded
  up.




RCC Title 11                                        80                               Effective July 22, 2009
Land Development Code                                                                    Ordinance No. 836
CHAPTER 11-15           COMMERCIAL (C) DISTRICT

SECTION:
11-15-1        Purpose
11-15-2        Permitted uses
11-15-3        Accessory uses
11-15-4        Conditional uses
11-15-5        Administrative uses
11-15-6        Prohibited uses
11-15-7        Development standards

11-15-1        Purpose: The C zoning district provides opportunities for a broad
mix of retail establishments, personal, professional and business services,
institutions, recreational and cultural uses, and other facilities that provide
services for the needs of nearby residents and businesses and the larger
community. Site and building design encourage pedestrian and bicycle use while
accommodating motorized vehicles. Community and public spaces are
incorporated into developments that include large retail establishments. High
quality landscaping is used to make the area attractive, functional and to
minimize negative impacts on nearby uses. Other measures, such as buffering
and screening requirements and limits on hours of operation, may be used to
reduce impacts to nearby residences. Limited residential uses above the ground
floor level of mixed-use buildings are encouraged.

11-15-2     Permitted Uses: Uses permitted subject to site plan approval in
accordance with chapter 11-35:

A.     Retail sales store including, but not limited to, the sale or rental of the
       following items: antiques, appliances (new), art and art supplies, bicycles,
       books, building materials, clothing, fabrics, floor coverings, flowers, food,
       gifts, groceries, hardware, hobby and craft supplies, home furnishings,
       jewelry, lawn and garden equipment and supplies, newspapers, office
       equipment and supplies, paint, music, pets and pet supplies,
       pharmaceuticals, photography supplies and processing, sporting goods,
       stationary, toy, vehicle parts (new/remanufactured), videos/DVDs and
       wallpaper.

B.     Commercial service including, but not limited to: banking, beauty and hair
       care, consulting, copying, dry cleaning, fitness/health studios, funeral
       services, laundry and cleaning (self service), locksmithing, optical, paging,
       pet grooming, post office or substation, printing, studio photography, real
       estate sales, repair of products listed in subsection A of this section,
       security, signs, tailoring, telecommunication sales, title, travel agency
       service, upholstery and vehicle detailing.


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Land Development Code                                                 Ordinance No. 836
C.     Food-serving establishment including, but not limited to, bakery, cafeteria,
       coffee shop, confectionery, delicatessen, espresso stand, ice cream or
       yogurt shop, lounge, tavern, restaurant and other sit-down, self service, or
       take-out establishments.

D.     Commercial office including, but not limited to: medical, dental, optometric,
       business and professional offices.

E.     Culturally enriching use including, but not limited to: art gallery, dance
       studio, library, museum, live theater venue and senior center.

F.     Public park or recreational facility.

G.     Municipal and other government facility.

H.     Civic, labor, social and fraternal organization.

I.     Entertainment facility, including but not limited to: arcade, bowling alley,
       indoor miniature golf course, indoor movie theater, indoor skating rink,
       racquetball court and tennis court.

J.     Hotel and motel.

K.     Residential dwelling units located above the ground floor of a commercial
       establishment, not to exceed a maximum density of five units per gross
       acre of site area.

L.     Residential dwelling units lawfully established prior to the effective date of
       this chapter may be rebuilt, repaired and otherwise changed for human
       occupancy provided their dimensions and area are not increased.

M.     Public or quasi-public facility, un-staffed and ≤ 500 square feet in gross
       floor area, subject to compliance with landscape standards in chapter 11-
       24.

11-15-3        Accessory Uses: Uses permitted in conjunction with, or accessory
to, a principal use permitted in section 11-15-2:

A.     Home occupation – Type I, subject to compliance with section 11-22-13.

B.     Child day-care facility as an accessory use to a site’s principal
       employment establishment. The day-care facility shall be intended, at
       least in part, for the children of employees located on site.

C.      Other accessory use or structure that is subordinate and incidental to a
        principally permitted use, as determined by the city planner.
RCC Title 11                              82                      Effective July 22, 2009
Land Development Code                                                    Ordinance No. 836
11-15-4      Conditional Uses: Uses permitted subject to conditional use
permit approval in accordance with chapter 11-34:

A.     Child day-care center (unaffiliated with a principal use).

B.     Preschool, accredited, public or private.

C.     Home occupation – Type II, subject to compliance with section 11-22-13.

D.     Motor vehicle and boat sales or rental, new or used.

E.     Vehicle repair.

F.     Vehicle washing.

G.     Service station.

H.     Entertainment facility, outdoor.

I.     Drive-up or drive-through facility, subject to compliance with section 11-22-
       19.

J.     Adult entertainment establishment, subject to compliance with section 11-
       22-14.

K.     Public or quasi-public structure or equipment greater than 500 square feet
       in gross floor area, subject to compliance with landscape standards in
       chapter 11-24.

L.     Wireless communication facility that includes a tower, subject to
       compliance with chapter 11-25.

M.     Essential public facility as per RCW 36.70A.200, and as determined by
       section 11-22-22. Excludes family and general group homes.

N.     A use not listed above that: is not listed in another zoning district as a
       permitted or conditional use; is similar in nature to the above list of
       permitted and conditional uses; is consistent with the purpose and intent
       of this zoning district; and is compatible with the uses on adjoining
       properties.

11-15-5      Administrative Uses: Uses permitted subject to administrative
use permit approval in accordance with chapter 11-33:

A.      Wireless communication facility that does not include a tower, subject to
        compliance with chapter 11-25.
RCC Title 11                            83                      Effective July 22, 2009
Land Development Code                                                  Ordinance No. 836
  11-15-6        Prohibited Uses: The following uses are prohibited:

  A.     Automobile wrecking yard.

  B.     Impound yard.

  C.     Junk or salvage yard.

  D.     Mini-storage or mini-warehouse.
1111-15-7     Development Standards:
   Maximum height                        40 feet. A maximum 45–foot height is
                                         allowed if at least 35% of provided off-
                                         street parking is located within this
                                         building in lieu of uncovered surface
                                         parking. Exceptions may be authorized
                                         through the site plan review process in
                                         accordance with chapter 11-35.
   Minimum front yard or corner side     0 feet
   yard setback
   Maximum front yard or corner side   30 feet, unless the building is separated
   yard setback                        from a street by another principal building
                                       on the same lot. At least 75% of the
                                       length of the ground floor street-facing
                                       façade of a building shall be within the
                                       maximum setback.
   Minimum interior side yard setback 10 feet when abutting any residential
                                       district; otherwise 0 feet.
   Minimum rear yard setback           20 feet for first and second story and 30
                                       feet for third story when abutting any
                                       residential district; otherwise 10 feet.
   Maximum lot coverage for            65% for all structures combined. 75% if
   structures                          at least 35% of off-street parking provided
                                       on a site is located within a structure in
                                       lieu of uncovered surface parking.
   Maximum impervious surface          85% for structures and other impervious
   coverage                            surfaces combined.
   Large retail establishment          See section 11-22-17 for specific
   standards -- applicable to projects requirements for façade modulation,
   containing at least one single      detail     features,     roofs,   entryways,
   building occupying more than        orientation of entrances, outdoor storage,
   25,000 gross square feet of floor   collection and loading areas, pedestrian
   area.                               flows, central features and community
                                       spaces, and other design elements.
   Western Design Overlay standards See chapter 11-19.
  RCC Title 11                             84                     Effective July 22, 2009
  Land Development Code                                               Ordinance No. 836
 Additional specific use and                     See chapter 11-22.
 structure regulations
 Parking and circulation                         See chapter 11-23.
 Landscaping                                     See chapter 11-24.
 Signs                                           See chapter 11-26.
 Streetscape design elements                     See chapter 11-28.
 Business hours                                  Limitations may be imposed through the
                                                 site plan review or conditional use permit
                                                 review process in order to mitigate
                                                 impacts on nearby land uses.
 Calculations resulting in a fraction shall be rounded to the nearest whole number with .50 being rounded
 up.




RCC Title 11                                       85                               Effective July 22, 2009
Land Development Code                                                                   Ordinance No. 836
CHAPTER 11-16           LIGHT INDUSTRIAL (LI) DISTRICT

SECTION:
11-16-1        Purpose
11-16-2        Permitted uses
11-16-3        Conditional uses
11-16-4        Administrative uses
11-16-5        Prohibited uses
11-16-6        Development standards

11-16-1      Purpose: The LI district is intended to provide an environment
conducive to the development of a broad range of light industrial activities. It is
also intended to accommodate certain limited commercial land uses that provide
necessary personal and business services for the industrial area.

11-16-2     Permitted Uses: Uses permitted subject to site plan approval in
accordance with chapter 11-35:

A.     Administrative or executive offices that are part of a predominantly
       industrial operation.

B.     Agricultural facility.

C.     Bakery, commercial.

D.     Construction contracting facility.

E.     Equipment rental and leasing services.

F.     Essential public facility as per RCW 36.70A.200, and as determined by
       section 11-22-22. Excludes family and general group homes.

G.     Establishments engaged in manufacturing and assembly activities.

H.     Mini-storage and self-service storage.

I.     Residential:

       1. Existing dwellings may be rebuilt, repaired and otherwise altered for
       human occupancy.

       2. Hotels and motels.

J.     Services:


RCC Title 11                                86                   Effective July 22, 2009
Land Development Code                                                Ordinance No. 836
         1. Business, education, finance, insurance, real estate, personal and
         professional services.

         2. Other uses generally compatible with the above listed uses.

  K.     Technological uses, including biotechnology, and scientific research,
         testing and experimental development laboratories.

  L.     Veterinary clinic when located no closer than 50 feet to any residential
         use, providing the animals are housed indoors and the building is
         soundproofed. Soundproofing must be designed by a competent architect
         or engineer with experience in acoustics.

  M.     Warehousing and distribution facility.

  N.     Wholesale sale of products manufactured on-site.

  11-16-3      Conditional Uses: Uses permitted subject to conditional use
  permit approval in accordance with chapter 11-34:

  A.     Wireless communication facility that includes a tower, subject to
         compliance with chapter 11-25.

  11-16-4      Administrative Uses: Uses permitted subject to administrative
  use permit approval in accordance with chapter 11-33:

  A.     Wireless communication facility that does not include a tower, subject to
         compliance with chapter 11-25.

  11-16-5        Prohibited Uses: The following uses are prohibited:

  A.     Automobile wrecking yard.

  B.     Impound yard.

  C.     Junk or salvage yard.


1111-16-6        Development standards:
   Maximum height                        40 feet. A maximum 45–foot height is
                                         allowed if at least 35% of provided off-
                                         street parking is located within this
                                         building in lieu of uncovered surface
                                         parking. Exceptions may be authorized
                                         through the site plan review process in
  RCC Title 11                            87                      Effective July 22, 2009
  Land Development Code                                               Ordinance No. 836
                                    accordance with chapter 11-35.
 Minimum front yard or corner side  20 feet when abutting any residential
 yard setback                       district; otherwise 0 feet.
 Maximum front yard or corner side  30 feet, unless the building is separated
 yard setback                       from a street by another principal building
                                    on the same lot. At least 75% of the
                                    length of the ground floor street-facing
                                    façade of this building shall be within the
                                    maximum setback.
 Minimum interior side yard setback 10 feet when abutting any residential
                                    district; otherwise 0 feet.
 Minimum rear yard setback          20 feet for first and second story and 30
                                    feet for third story and portions of
                                    structures exceeding 30 feet when
                                    abutting any residential district; otherwise
                                    10 feet.
 Maximum lot coverage for           65% for all structures combined. 75% if
 structures                         at least 35% of off-street parking provided
                                    on a site is located within a structure in
                                    lieu of uncovered surface parking.
 Maximum impervious surface         85% for structures and other impervious
 coverage                           surfaces combined.
 Western Design Overlay standards See chapter 11-19.
 Additional specific use and        See chapter 11-22.
 structure regulations
 Parking and circulation            See chapter 11-23.
 Landscaping                        See chapter 11-24.
 Signs                              See chapter 11-26.
 Streetscape design elements        See chapter 11-28.
 Business hours                     Limitations may be imposed through the
                                    site plan review process in order to
                                    mitigate impacts on nearby land uses.
 Calculations resulting in a fraction shall be rounded to the nearest whole number with .50 being rounded
 up.




RCC Title 11                                       88                              Effective July 22, 2009
Land Development Code                                                                  Ordinance No. 836
  CHAPTER 11-17           RODEO (R) DISTRICT

  SECTION:
  11-17-1        Purpose
  11-17-2        Permitted uses
  11-17-3        Accessory uses
  11-17-4        Conditional uses
  11-17-5        Administrative uses
  11-17-6        Development standards

  11-17-1    Purpose: The R district is intended to ensure that the Roy Pioneer
  Rodeo grounds remain in use as a facility for community and festival events.

  11-17-2        Permitted Uses:

  A.     Rodeos, festivals, community events, sporting events, open air sales, and
         government-sponsored events.

  B.     Well sites.

  C.     Pasturing and working of livestock.

  D.     Short term camping including recreational vehicles.

  11-17-3        Accessory Uses:

  A.     Accessory uses incidental to a principal use permitted in section 11-17-2

  11-17-4      Conditional Uses: Uses permitted subject to conditional use
  permit approval in accordance with chapter 11-34:

  A.     City shops and equipment yards.

  B.     One caretaker residence.

  C.     Facilities that support uses permitted in section 11-17-2.

  11-17-5      Administrative Uses: Uses permitted subject to administrative
  use permit approval in accordance with chapter 11-33:

  A.     Wireless communication facility, subject to compliance with chapter 11-25

1111-17-6        Development Standards:



  RCC Title 11                            89                          Effective July 22, 2009
  Land Development Code                                                   Ordinance No. 836
 Maximum height                                  None.

 Minimum setbacks                                5 feet from outer perimeter property lines;
                                                 otherwise 0 feet.
 Maximum impervious surface                      40% for structures and other impervious
 coverage                                        surfaces combined.
 Additional specific use and                     See chapter 11-22.
 structure regulations
 Parking and circulation                         See chapter 11-23.
 Landscaping                                     See chapter 11-24.
 Signs                                           See chapter 11-26.
 Calculations resulting in a fraction shall be rounded to the nearest whole number with .50 being rounded
 Up.




RCC Title 11                                       90                               Effective July 22, 2009
Land Development Code                                                                   Ordinance No. 836
CHAPTER 11-18           MIXED USE (MU) DISTRICT

SECTION:
11-18-1        Purpose
11-18-2        Permitted uses
11-18-3        Conditional uses
11-18-4        Administrative uses
11-18-5        Development standards

11-18-1        Purpose: The MU zoning district is intended to provide flexibility in
the development of large tracts of land and to enable the city, property owners
and developers to respond to changing demographics and market conditions
when formulating development proposals.           The MU district encourages
innovative designs that will serve community needs, reflect local preferences,
and minimize impacts on the environment. The MU district accommodates a
wide range of uses that may include residential, commercial, light industrial, and
other non-residential uses. Uses may be mixed within a site and within individual
structures. Proposals are subject to planned development approval in
accordance with chapter 11-31. Residential development within an MU district
shall comply with the development standards and guidelines specified for the
TRD and/or MFR districts. Commercial and light industrial development shall
comply with the development standards and guidelines specified for the C and IP
districts, respectively.

11-18-2       Permitted Uses: Uses permitted subject to planned development
approval in accordance with chapter 11-31:

A.     Uses permitted in the TRD District.

B.     Uses permitted in the MFR District.

C.     Uses permitted in the C District.

D.     Uses permitted in the LI District.

E.     Other uses determined by the city to be consistent with the intent of the
       district and compatible with the surrounding neighborhood.

11-18-3      Conditional Uses: Uses permitted subject to conditional use
permit approval in accordance with chapter 11-34:

A.     Wireless communication facility that includes a tower, subject to
       compliance with chapter 11-25.

11-18-4      Administrative Uses: Uses permitted subject to administrative
use permit approval in accordance with chapter 11-33:
RCC Title 11                           91                Effective July 22, 2009
Land Development Code                                                Ordinance No. 836
A.     Wireless communication facility that does not include a tower, subject to
       compliance with chapter 11-25.

11-18-5       Development Standards: Mixed use projects shall comply, at a
minimum, with the standards and guidelines applicable to the types of uses
proposed in accordance with chapters 11-13, 11-14 and 11-27 for residential
uses, chapter 11-15 for commercial uses, and chapter 11-16 for light industrial
uses. Development standards and guidelines for other non-residential uses will
be determined through the planned development review process. Streetscape
elements shall comply with the design standards and guidelines adopted
pursuant to chapter 11-28. Non-residential development located within a
combined MU/WDO district shall also comply with the WDO standards and
guidelines in chapter 11-19.




RCC Title 11                           92                      Effective July 22, 2009
Land Development Code                                              Ordinance No. 836
CHAPTER 11-19           WESTERN DESIGN OVERLAY (WDO) DISTRICT

SECTION:
11-19-1        Purpose
11-19-2        Boundaries
11-19-3        Western Design Review Committee
11-19-4        Criteria evaluation
11-19-5        Western design general criteria
11-19-6        Permitted uses
11-19-7        Application procedures
11-19-8        Application requirements
11-19-9        Permit approval or disapproval
11-19-10       Permit approval required
11-19-11       Expiration of approval or building permit
11-19-12       Enforcement
11-19-13       Appeals and city council review
11-19-14       Compliance


11-19-1       Purpose: The purpose of this chapter is to provide for the creation,
designation, protection, evaluation and identification of a downtown Roy western
design review district, hereinafter called the "western design overlay district", as
well as preserve, rehabilitate and encourage such areas and properties within
and without the designated downtown area to:

A.     Increase public awareness, encourage community pride, and further
       public support of Roy's history and growth, including its buildings,
       architecture and sites along with its western, rodeo, railroad and military
       historical heritage.

B.     Utilize the distinctive character and natural attractiveness of said district
       and its structures to maintain Roy's unique western flavor in order to
       increase the economic vitality of downtown Roy and in turn promote the
       economic revitalization and growth of the city, improve property values,
       and to enrich the social, cultural and economic well being of the citizens of
       Roy.

C.     Attract tourists, visitors, business, and other supportive activities to the
       city.

D.     Allow for a reasonable degree of control to be established over the site
       development and architecture of the private and public buildings erected
       therein.

E.      Create an environment that encourages the return of unproductive
        structures to a useful purpose.
RCC Title 11                            93               Effective July 22, 2009
Land Development Code                                                Ordinance No. 836
F.     Maintain accord with and further develop Roy's land development code.

G.     Maintain accord and compliance with the land use goals and policies and
       also support and encourage the historic preservation goals and policies
       set forth in the city of Roy comprehensive plan.

H.     Comply with Washington's growth management act (GMA) Revised Code
       of Washington 36.70A.020 (13), which includes a goal to "identify and
       encourage the preservation of lands, sites, and structures that have
       historical, cultural, and archaeological significance".

11-19-2        Boundaries:

A.     Boundary: The WDO district shall encompass the downtown core
       business properties zoned commercial or light industrial and public
       properties on both sides of the Burlington Northern Railroad right-of-way.
       The district shall also include any C, LI or MU zoned properties along the
       State Highway 507 corridor. The WDO district shall also include
       applicable portions of the city of Roy urban growth area at such time it is
       annexed to the city. The boundaries of the WDO district shall be as shown
       on the city’s official zoning map.

B.     Changes in Boundaries: Changes in the WDO district boundaries shall
       originate with the Roy planning commission as a recommendation to the
       Roy city council, who will have final approval including revision of said
       boundary and formally establish it by adoption of a city ordinance.

11-19-3        Western Design Review Committee:

A.     Creation, Size, and Composition: The city of Roy planning commission
       shall serve as the city of Roy western design review committee (WDRC).
       The chair of the planning commission shall appoint a WDRC
       subcommittee of any three (3) WDRC members who shall review requests
       for preliminary design approval. All appeals will be heard by the full
       WDRC. Prospective members of the planning commission/WDRC shall
       apply in writing and be appointed by the mayor and confirmed by the Roy
       city council.

B.     Powers and Duties: The WDRC shall consider approval of proposals,
       applications and changes with regard to structures, sites, and properties
       within the boundaries with the WDO district based on criteria set forth in
       this chapter and all current city zoning ordinances in effect. Review for
       compliance with applicable zoning and other land development regulations
       shall be performed by the city planner in accordance with the applicable
       discretionary land use permit review process. Review for compliance with

RCC Title 11                           94                       Effective July 22, 2009
Land Development Code                                               Ordinance No. 836
       applicable building, electrical, plumbing and mechanical codes, etc., shall
       be performed by the city building inspector.

C.     Meetings: Design review will be conducted during regularly scheduled
       planning commission meetings. Special meetings of the WDRC may be
       held when necessary if required legal notice is given.

D.     Absence: The mayor shall have the authority to replace any WDRC
       member that misses three (3) regularly scheduled meetings due to an
       unexcused absence.

11-19-4        Criteria Evaluation:

A.     Western design has played and continues to play a significant role in the
       development of the city and surrounding area in that it is representative of
       settlements established to support the early growth of the railroad, timber
       and hop industries along with the cattle and range industry.

B.     The design district is associated with the lives of many of the pioneers
       through property, railroad, rodeo, and other business or commercial
       activities that have been and continue to be concentrated in that area.

C.     Many of the buildings within the district embody the distinctive
       characteristics of the western style. For these and other reasons, the
       buildings combine to create an outstanding example which is significant
       and distinguishable in style, form, character, and construction
       representative of its era. The district possesses integrity of location,
       original construction, and of feeling and association.

D.     The restoration, preservation, enhancement and development of the
       district will yield information of educational significance regarding the way
       of life and the architecture of the late nineteenth century as well as adding
       community and increased outside interest and color to the city. Expansion
       and restoration of the district will develop an environment which has
       similar characteristics to an important era of the city's history and will be
       considerably more meaningful and significant educationally than if done
       for individual buildings.

11-19-5        Western Design General Criteria: The following general criteria
are set forth for western design:

A.      Western architecture of the 1800s and early 1900s period usually involved
        wooden false front effects and usually contained a wooden post
        supported, shake shingle marquee. Building styles also included exteriors
        of vertical board and batten wooden siding, horizontal wooden siding
        unique to that period, log, masonry, brick, and stone. Manmade products
RCC Title 11                            95                       Effective July 22, 2009
Land Development Code                                                   Ordinance No. 836
       may be used to the extent it replicates the wooden siding used in the
       western architecture period. No metal siding may be used.

B.     The false fronts normally used gave the viewer a square impression,
       although many buildings had gabled rooflines which were often hidden by
       the false fronts. The masonry and stone buildings used during that period
       were predominantly flat roofed, although residences infrequently had
       pitched roofs.

C.     Shake shingles were often used on the face of the building forming a
       parapet of varying proportions but usually the parapet did not extend
       downward past the top of the windows.

D.     Marquees were usually pitched and often covered with shake shingles;
       however, many of these porches were flat to allow for a sun deck which
       was usually enclosed by an ornate wooden fence and handrail.
       Sometimes wrought iron was used for fencing of the sun deck.

E.     Window shapes during this period were often square, arched, or
       rectangular and frequently were large enough to extend from floor to
       ceiling. Bay windows protruding outward from the main building walls were
       often used in four (4) to six (6) sided extensions. Window frames were
       usually simple and plain, free from ornate designs.

F.     Doors were usually centered equidistant from the sides of the building
       front; however, buildings on corner lots often had entrances at the corner.
       Plain designs were predominant and glass doors were infrequent.

G.     Street lighting and the exterior lighting on buildings usually were enclosed
       by carriage lamp fixtures. Gaslights of wrought iron and glass were
       frequent and lamps on the exteriors of buildings were usually of the same
       type but more infrequent.

H.     Colors are natural wood tones or generally appear aged and not newly
       constructed. Any stains are natural, muted wood tones and
       semitransparent. Brick was unpainted. Buildings were sometimes
       constructed partly of "natural, local stone". Any variations from these
       colors may be granted on a conditional basis by the WDRC after
       submission of the elevations by colored rendering in the colors proposed
       by the applicant.

I.     Signs should follow the same design and theme as building construction
       requirements. Signs of the western design period were often simply
       painted on the false front or windows of a building to identify the business
       and services or goods provided.

RCC Title 11                            96                       Effective July 22, 2009
Land Development Code                                                Ordinance No. 836
J.     Businesses shall make all attempts to keep all decorations and added
       design elements in theme, this may include those considered "special
       occasion or seasonal".

K.     All garbage dumpsters, propane tanks, fuel tanks, etc., as approved
       pursuant to the international fire code, shall be obscured from the main
       business arterial by the use of use theme appropriate screening as
       approved by the WDRC.

11-19-6        Permitted Uses: Any use permitted by the underlying zoning
district over which this design district is superimposed shall be allowed subject to
conditional use permit approval in accordance with chapter 11-34, site plan
review approval in accordance with chapter 11-35, or other applicable review
procedures.

11-19-7        Application Procedures:

A.     A WDRC review is classified as a Type II application. The processing
       procedures for this application are described in chapters 11-4, 11-5, 11-6,
       11-7, 11-8 and 11-9.

B.     Any application for a permit for the erection or construction of a new
       building or structure or the modification, addition, alteration, moving, or
       demolition of existing structures which would affect the exterior
       appearance of any existing building or structure, including signs, located
       within the WDO district shall be filed with the city clerk-treasurer and the
       application shall be forwarded to the WDRC for review in accordance with
       chapter 11-5 and this chapter.

C.     Forwarding of applications to the WDRC shall not be required for:

       1. Modification or alteration of the interior of the building or structure;

       2. Minor work, modifications, alterations, repairs, or maintenance to the
       exterior of a building or structure the city deems consistent with the criteria
       set forth in section 11-19-5; or

       3. Single-family or noncommercial buildings with the exception of public
       buildings.

D.     Upon preliminary design appearance approval by the WDRC, the
       application shall be forwarded to the building inspector for structure and
       code compliance review.



RCC Title 11                              97                          Effective July 22, 2009
Land Development Code                                                     Ordinance No. 836
11-19-8        Application Requirements:

A.     The WDRC may require the applicant to submit any or all of the following
       items:

       1. Color photographs showing external views of all existing structures,
       both on the site and within the immediate land use zone;

       2. A development plan showing:

               a. The legal description of the property,

               b. The elevations by colored rendering,

              c. The architectural design of the proposed buildings, structures, or
       additions to existing buildings or structures, including signs, or the
       modification or alteration of existing buildings or structures,

               d. A plot plan showing dimensions of the property and buildings or
       structures including measurements showing the relationship to property
       lines, abutting streets and alleys,

             e. The traffic circulation within the area, including points of ingress
       and egress,

              f. The location of usable open space and storm water retention
       areas, and

               g. Other information as may be required.

B.     Nothing in this chapter shall be construed to reduce or alter any other
       building, plumbing, electrical, structural or other requirements as may be
       required by the building inspector or building codes and city ordinances in
       effect.

11-19-9        Permit Approval or Disapproval:

A.     The WDRC may approve, approve with conditions, modify and approve
       with conditions, or deny, an application for WDRC approval based on the
       western design general criteria in section 11-19-5, the criteria in
       subsection B, below, and other related documents.

B.     In considering any application for WDRC approval, the WDRC shall be
       guided by the following criteria:


RCC Title 11                              98                      Effective July 22, 2009
Land Development Code                                                 Ordinance No. 836
       1. The WDRC shall examine the application to ensure that all provisions of
       this chapter shall be complied with where applicable.

       2. The proposal shall not have any detrimental effect upon the general
       health, welfare, safety, and convenience of persons residing or working in
       the neighborhood; or shall not be detrimental or injurious to the
       neighborhood.

       3. The proposal shall promote a desirable relationship of structures to one
       another, to open spaces and topography both on the site and in the
       surrounding neighborhood, all in keeping with the western design.

       4. The height, area, setbacks, and overall mass, as well as parts of any
       structure (buildings, walls, signs, lighting, etc.) and landscaping shall be
       appropriate to the proposal, the neighborhood and the community.

       5. Ingress, egress, internal traffic circulation, off street parking facilities,
       loading and service areas and pedestrian ways shall be so designed as to
       promote safety and convenience.

       6. The architectural character of the proposed structure shall be in
       harmony with, and compatible to, those structures in the neighboring
       environment, and the architectural character adopted for any given area,
       avoiding excessive variety or monotonous repetition.

       7. All mechanical equipment, appurtenances and utilities, shall be
       concealed from view and integral to the building design.

       8. The architectural character of a proposal shall promote an indigenous
       architectural feeling.

C.     It shall be the responsibility of the applicant to demonstrate that the intent
       and purpose of the WDO district will be accomplished.

D.     The WDRC, upon reviewing an application, may impose such reasonable
       conditions as it may deem necessary in order to fully carry out the
       provisions and intent of this chapter. Violation of any such condition shall
       render any permit null and void as of the date of such violation.

E.     The chair of the WDRC shall advise the city clerk-treasurer of any final
       action taken by the WDRC and the city clerk-treasurer shall advise the
       building inspector, city planner, applicant and other parties as necessary.

F.      The WDRC shall approve, with or without conditions, an application or
        portions thereof, if it finds that all provisions of this chapter have been
        complied with.
RCC Title 11                               99                       Effective July 22, 2009
Land Development Code                                                      Ordinance No. 836
G.     The WDRC shall deny an application or portions thereof, if it finds that any
       provisions of this chapter have not been complied with.

11-19-10     Permit Approval Required: The building inspector shall not issue
any permit which by this chapter requires approval of the WDRC until such
approval has been obtained. The cost and burden of obtaining WDRC approval
shall be borne by the applicant.

11-19-11       Expiration of Approval or Building Permit:

A.     The approval of an application shall expire and become null and void six
       (6) months from the date of approval, providing that a building permit has
       not been issued, unless a different time period is made a condition of
       WDRC approval.

B.     An extension of approval for an additional six (6) month period may be
       granted if the applicant files for the extension prior to the approval
       becoming void and the applicant shows reasons which justify extension of
       approval.

C.     Once a building permit has been issued, said permit will expire six (6)
       months from the date of issue, provided work on the building or structure
       has not commenced.

11-19-12       Enforcement:

A.     Prior to issuance of any required permit, under the ordinances of the city,
       if WDRC approval is required the building inspector of the city shall
       ascertain that the WDRC has approved design appearance plans which
       are in conformance to those presented with the permit application and that
       the time limitations imposed by this chapter upon the WDRC have not
       elapsed. The WDRC shall affix a stamp of approval on each page of any
       plans it approves.

B.     The building inspector shall ensure that all matters approved by the
       WDRC are undertaken and completed according to the approval of the
       WDRC and is authorized to enforce this chapter by stopping work on the
       project if compliance is altered.

C.     In the absence of the building inspector, the WDRC may request the
       mayor to direct the Roy police department to issue a stop work order on
       the project if compliance is altered.




RCC Title 11                           100                       Effective July 22, 2009
Land Development Code                                                Ordinance No. 836
11-19-13       Appeals and City Council Review:

A.     The approval, with or without conditions, or denial by the WDRC
       subcommittee of an application may be appealed to the WDRC in
       accordance with chapter 11-8 and chapter 11-9. The city clerk-treasurer
       shall schedule an open record public hearing before the WDRC, and the
       WDRC shall uphold, modify, or reverse the decision of the WDRC
       subcommittee.

B.     Any applicant, or the city building inspector, having completed the appeal
       process described in subsection A of this section, and having further
       complaint, may appeal the decision of the WDRC to the city council in
       accordance with chapter 11-9. The city clerk-treasurer shall schedule a
       closed record hearing before the city council, and the city council shall
       uphold, modify, or reverse the decisions of the WDRC. The decision of the
       city council shall be final.

11-19-14      Compliance: Any person failing to comply with the provisions of
this chapter or permit issued under its terms is guilty of a misdemeanor and is
punishable upon conviction in accordance with applicable laws and ordinances.
Further, in addition to other remedies, the provisions of this chapter may be
enforced by means of injunctive relief.




RCC Title 11                          101                       Effective July 22, 2009
Land Development Code                                               Ordinance No. 836
CHAPTER 11-20           PUBLIC FACILITIES OVERLAY (PFO) DISTRICT

SECTION:
11-20-1        Purpose
11-20-2        Standards
11-20-2        Applicability

11-20-1         Purpose: The PFO district is a combining district intended to:
identify publicly-owned or controlled property; ensure that impacts associated
with public facilities are appropriately mitigated; and accommodate public
facilities that will serve the community consistent with the goals, objectives and
policies of the comprehensive plan.

11-20-2       Standards: Unless otherwise specified, all uses and standards of
the underlying zone shall apply.

11-20-3       Applicability: The PFO district shall apply to certain properties
owned by the City of Roy, Bethel School District No. 403, Pierce County Fire
District No. 17, and other publicly-owned or controlled land, as warranted.




RCC Title 11                            102                        Effective July 22, 2009
Land Development Code                                                  Ordinance No. 836
CHAPTER 11-21           RAILROAD OVERLAY (RO) DISTRICT

SECTION:
11-21-1        Purpose
11-21-2        Standards

11-21-1         Purpose: The RO district is a combining district intended to:
identify railroad-owned property that may be constrained in terms of future use
and development as a result of its unique ownership; ensure that impacts
associated with the use of such property is appropriately mitigated; and
accommodate improvements that will serve the community consistent with the
goals, objectives and policies of the comprehensive plan.

11-21-2       Standards: Unless otherwise specified, all uses and standards of
the underlying zone shall apply.




RCC Title 11                           103                      Effective July 22, 2009
Land Development Code                                               Ordinance No. 836
CHAPTER 11-22           SPECIFIC USE AND STRUCTURE REGULATIONS

SECTION:
11-22-1        Purpose
11-22-2        Setback, yard, and minimum lot width determination
11-22-3        Accessory buildings
11-22-4        Fences, walls and hedges
11-22-5        Clear vision triangle
11-22-6        Garage placement and width
11-22-7        Height exceptions
11-22-8        Performance standards
11-22-9        Manufactured/mobile housing development
11-22-10       Family day-care facilities
11-22-11       Bed and breakfast establishments
11-22-12       Accessory dwelling units (ADUs)
11-22-13       Home occupations
11-22-14       Adult entertainment establishments
11-22-15       Temporary accessory structures and uses
11-22-16       Pedestrian plazas
11-22-17       Large retail establishments
11-22-18       Outdoor lighting
11-22-19       Drive-through and drive-up facilities
11-22-20       Floor area ratios
11-22-21       Siting of essential public facilities
11-22-22       Nonconforming lots, uses and structures

11-22-1        Purpose: The purpose of this chapter is to list those regulations
that apply to specific circumstances and those detailed regulations that are
applicable to more than one zoning district. The regulations below are to be
considered in addition to standards and design guidelines located in specific land
use district chapters.

11-22-2        Setback, yard, and minimum lot width determination:

A.     Measurement. All setbacks shall be measured perpendicular to the
       nearest property line.

B.     Permitted Encroachments into Required Residential Yards.

       1. Beltcourses, canopies, cornices, eaves, bay windows, fireplaces, sills,
       sunshades, and similar architectural features may extend 2 feet into any
       required yard, provided a minimum 3-foot setback is maintained.
       Overhead projections shall provide at least 7.5 feet of unobstructed
       vertical clearance above grade.

RCC Title 11                           104                      Effective July 22, 2009
Land Development Code                                               Ordinance No. 836
       2. Bay windows that encroach into a required yard shall not extend
       horizontally across more than 50 percent of the linear wall surface to
       which they are affixed. The maximum length of each bay shall be 10 feet
       and the minimum horizontal separation between bays shall be 5 feet. Bay
       windows shall not encroach into required yards at any other level than the
       story on which the window openings or glazings are located. No more
       than 2 encroaching bay windows are allowed per building elevation.

       3. A covered, unenclosed porch of a principal residential structure may
       encroach up to 6 feet into a required front yard.

       4. Uncovered patios, decks, stairs and landings may encroach into
       required yards based on their height above finished grade or floor level, as
       follows:


        Height Above Finished Grade or
        Floor Level                                     Permitted Encroachment
        ≤ 12 inches above finished grade                May extend to property lines.
        > 12 inches above finished grade and            6 feet into required front yards,
        ≤ floor level of first floor                    10 feet into rear yards, and 2
                                                        feet into interior side yards and
                                                        corner side yards.
        > floor level of first floor                    None allowed.
        Calculations resulting in a fraction shall be rounded to the nearest whole number with
        .50 being rounded up.

       5. Uncovered wheelchair ramps or other structures providing disabled
       access may encroach into any required yard. The encroachment shall be
       the minimum necessary to provide safe and adequate access.

       6. Balconies that are ≤ 50 square feet in area, have no exterior access,
       and are cantilevered or supported from the structure, may extend 3 feet
       into a required front, rear or street side yard on a corner lot. Overhead
       projections shall provide at least 7.5 feet of unobstructed vertical
       clearance above grade.

       7. A detached accessory building, including but not limited to, a garage,
       carport or garden shed, may be located in a required side or rear yard,
       subject to the standards in section 11-22-3.

       8. A fence meeting the standards in section 11-22-4 may be located in a
       required yard.


RCC Title 11                                 105                           Effective July 22, 2009
Land Development Code                                                          Ordinance No. 836
       9. Arbors, pergolas, trellises, gazebos and similar structures, either free-
       standing or attached to a principal or accessory building, may be
       constructed in any required yard, provided that a minimum 3-foot setback
       is maintained.

       10. Swimming pools and spas (above and in ground) and related
       equipment, fish ponds, stationary barbecues, children’s play equipment,
       and HVAC equipment, may be placed in any required side or rear yard;
       provided, that a minimum 3-foot setback is maintained.

       11. Flagpoles may be placed within any required yard; provided, that a
       minimum 5-foot setback is maintained.

       12. Yard encroachments for small lot or multifamily development are
       permitted in accordance with the “City of Roy Small Lot and Multifamily
       Design Standards and Guidelines” adopted pursuant to chapter 11-27.

C.     Setback Averaging Reduction for Residential Front Yard. A required front
       yard setback for a principal residential structure may be decreased to a
       depth equal to the average of the setbacks of existing principal residential
       structures on the adjoining parcels having the same frontage. In
       computing the average, any adjoining setback greater than the required
       front yard shall be considered the same as the required front yard setback.
       In the absence of a principal residential structure on an adjoining parcel,
       the parcel shall be considered to have a setback equal to the required
       front yard. In computing the average for corner lots, the adjoining setback
       on the side street side shall be the same as the required front yard. For
       each foot of front yard setback reduction, the rear yard setback shall be
       increased a corresponding distance from the minimum required setback.

D.     Setback from Adjoining Half-Street or Designated Arterial. In addition to
       providing the standard setback from a property line abutting a street, a lot
       adjoining a half-street or designated arterial shall provide an additional
       width of street setback sufficient to accommodate construction of the
       planned half-street or arterial.

E.     Common Boundary Exception to Setback Requirements. When the
       common boundary line separating two contiguous lots in any zoning
       district is covered by a single building or permitted group of buildings as of
       the effective date of this ordinance, these lots shall constitute a single
       building site and the setback required by this title shall not apply to the
       common boundary line.

F.      Special Side Yard Setback Restriction. When the side lot line of a lot in
        any zoning district adjoins the side lot line of a lot in a more restrictive
        district, then the adjoining side yard setback for this lot shall not be less
RCC Title 11                              106                       Effective July 22, 2009
Land Development Code                                                      Ordinance No. 836
       than the minimum side yard setback required in the more restrictive
       district.
G.     Setbacks for Wireless Communication Facilities. See chapter 11-25.

H.     Setbacks for Amateur or Citizen Band Transmitters. Support structure
       setback shall be equal to overall height of support structure plus height of
       antenna array. Support structures are prohibited in front yards.

I.     Setback for Flag Lot Front Yards. The front yard setback for a flag lot
       shall be a minimum of 10 feet measured from the nearest parallel or
       nearly parallel lot line adjacent to the front facade of the dwelling,
       excluding the flag pole portion of the lot. See Figure 1.




                                      Figure 1
                                      Flag Lot


J.     Newly created lots shall be of such shape that a circle with a diameter
       equal to the minimum lot width specified for the underlying zoning district
       will fit within the boundary of the lot. See Figure 2.




RCC Title 11                            107                       Effective July 22, 2009
Land Development Code                                                 Ordinance No. 836
                          Figure 2


11-22-3        Accessory Buildings:

A.     One or more detached accessory buildings, including, but not limited to,
       garages, carports, garden sheds, greenhouses and other similar
       structures, may be constructed on a parcel containing a principal
       residential structure, subject to the following standards:

        Maximum building footprint area      800 s.f.
        Maximum lot coverage for all         10% of the lot area or 1,200 s.f.
        accessory buildings combined on a    whichever is less.
        single lot
        Maximum building height              18 feet at top of ridge and 10 feet
                                             at top of wall plate.
        Minimum front yard setback           Same as specified for principal
                                             residential structure.
        Minimum interior side yard setback   5 feet, if located ≥ 50 feet from
                                             front property line. Same as
                                             specified for principal residential
                                             structure if located < 50 feet from
                                             front property line.
        Minimum corner side yard setback     Same as specified for principal
RCC Title 11                          108                       Effective July 22, 2009
Land Development Code                                               Ordinance No. 836
                                          residential structure.
        Minimum rear yard setback         5 feet.
        Minimum setback from lot line on  Same as specified for required
        either street frontage on a “through
                                          front yard for principal residential
        lot”                              structure.
        Minimum setback from alley        3 feet. Vehicle access points from
                                          garages, carports or fenced
                                          parking areas shall be set back
                                          from the alley property line to
                                          provide a straight line separation of
                                          at least 22 feet from the access
                                          point to the opposite property line
                                          of the alley.
        Minimum separation from principal 5 feet.
        residential structure
        Calculations resulting in a fraction shall be rounded to the nearest whole number with .50 being
        rounded up.


B.     Determination of Attached versus Detached Status for Garages. A garage
       that is connected to a principal residential structure by an architecturally
       integrated, covered breezeway is classified as an attached garage if the
       separation between the parallel walls of the garage and principal structure
       does not exceed 8 feet. For purposes of determining allowable setbacks,
       height and lot coverage, an attached garage is treated as if it were part of
       the principal structure. If the separation between the parallel walls of a
       garage and principal structure exceeds 8 feet, the garage is classified as a
       detached building subject to the accessory building standards listed in this
       section.

C.     Detached accessory structures located within a small lot or multifamily
       development shall comply with the City of Roy Small Lot and Multifamily
       Design Standards and Guidelines adopted pursuant to chapter 11-27.

11-22-4        Fences, Walls and Hedges:

A.     Fences and walls located within a required yard in a residential zoning
       district shall not exceed the following height limits:

       1. Front yard: 4 feet. At least 50 percent of the fence shall be visually
          permeable through the use of picket, rail, latticework or similar
          construction.

       2. Interior side yard, corner side yard, and rear yard: 6 feet.

       3. Clear vision triangle: 2 feet, 6 inches above centerline grades of
         intersecting streets (see section 11-22-5).
RCC Title 11                                     109                              Effective July 22, 2009
Land Development Code                                                                 Ordinance No. 836
B.     Fences and walls located in a residential zoning district may exceed the
       preceding height limits if located within the allowable building envelope for
       the principal residential structure. Fences and walls may also exceed these
       limits if they are intended to enclose public school grounds, parks,
       playgrounds, substations, wells or other municipal installations.

C.     Fences and walls located within a mixed use or nonresidential zoning
       district may exceed the height limits specified in subsection A of this
       section, provided the fence or wall design complies with the city’s design
       guidelines.

D.     Fences located within a small lot or multifamily development shall comply
       with the “City of Roy Small Lot and Multifamily Design Standards and
       Guidelines” adopted pursuant to chapter 11-27. Fences located within a
       cottage housing development shall comply with section 11-22-20

E.     Fence height is measured from the ground level where placed or from a
       retaining wall to the top of the fence, excluding posts. On sloping
       properties where a fence is constructed of sections that are terraced to
       match the terrain, fence height shall be the average of the high and low
       points of each fence section. Portions of the fence may exceed the
       maximum allowable height provided the average height of the fence
       section does not exceed the maximum height.

F.     Fence pillars or posts may project a maximum of 6 inches above
       maximum fence height.

G.     All private swimming pools, wading pools, spas and hot tubs shall be
       provided with a fence or wall to prevent unauthorized access in accordance
       with applicable building code standards.

H.     Hedges are allowed in all required yards subject to the following height
       limits:

       1. Front yard: 4 feet.

       2. Corner side yard: 6 feet.

       3. Interior side yard and rear yard: no limit.

       4. Clear vision triangle: 2 feet, 6 inches above centerline grades of
         intersecting streets (see section 11-22-5).


RCC Title 11                             110                      Effective July 22, 2009
Land Development Code                                                 Ordinance No. 836
11-22-5 Clear Vision Triangle:

A.     All corner lots located in zoning districts that require a front and side yard
       shall maintain a clear vision triangle at the intersection of two streets for
       the purpose of public safety. A clear vision triangle shall also be
       maintained at the intersection of a street and alley or driveway. No
       building, structure, object or growth between a height of 2 feet, 6 inches
       and 8 feet above the centerline grades of the intersecting streets shall be
       allowed within these triangles.

B.     The clear vision triangle at a street intersection shall be determined by
       measuring 20 feet along both street property lines beginning at their point
       of intersection. The third side of the triangle shall be a line connecting the
       endpoints of the first two sides of the triangle. See Figure 3.

C.     The clear vision triangle at the intersection of a street and alley or
       driveway shall be determined by measuring 10 feet along the street
       property line and 10 feet along the edges of the alley or driveway
       beginning at the respective points of intersection. The third side of the
       triangle shall be a line connecting the endpoints of the first two sides of the
       triangle. See Figure 3.




RCC Title 11                             111                       Effective July 22, 2009
Land Development Code                                                  Ordinance No. 836
D.     The city engineer may allow alteration of the clear vision triangle. This
       alteration is contingent on unusual site topography, proposed site design
       features, and other unique circumstances pertaining solely to the site and
       surrounding properties. The city engineer shall determine that the
       alteration does not constitute a traffic or pedestrian safety hazard.

E.     Street lights, power poles, traffic signs, or other similar street fixtures less
       than one-foot wide or other objects above 8 feet in height above the
       adjacent street elevation shall be allowed in the clear vision triangle unless
       the city engineer determines that, individually or cumulatively, they would
       pose a public safety hazard. The city engineer may authorize other objects
       in the clear vision triangle that do not comply with this standard if it
       determines that they would not pose a risk to public safety.

11-22-6        Garage Placement and Width:

A.     Garages attached to single-family and duplex dwelling units shall comply
       with the following standards, unless more stringent requirements are
       approved through the planned development review process for a specific
       project:

RCC Title 11                             112                        Effective July 22, 2009
Land Development Code                                                   Ordinance No. 836
       1. Door Width. Garage doors that face a front yard or a corner side yard
       shall not exceed 18 feet.

       2. Garage Width. A garage with garage doors facing a front yard or corner
       side yard shall not exceed 50 percent of the building line or 24 feet,
       whichever is less, unless the visual impact of the garage is minimized
       through the use of architectural features such as windows, porches,
       recessed or staggered garage doors, or other design elements on the
       street-facing façade.

B.     Attached garages located within a multi-family or mixed use development
       shall comply with the applicable design standards and guidelines in
       chapter 11-27.

11-22-7        Height Exceptions:

A.     Height exceptions to the applicable zoning district limit shall be limited to
       the minimum necessary for the intended use. Chimneys, steeples, flag
       poles, skylights, mechanical equipment and associated screening, fire
       parapet walls, widow’s walk or other similar item required for building
       operation or maintenance, and tanks and towers required for public utility
       purposes may be erected above the required height limit provided they
       meet the structural requirements of the city.

B.     A residential amateur or citizen band antenna array and support structure
       may be erected up to the minimum height necessary for reception
       purposes. If a resident proposes a height greater than 45 feet, the city
       shall require the applicant to submit certification from a qualified and
       licensed engineer that the proposed height is the minimum necessary for
       reception purposes. For a proposed height greater than 55 feet, the city
       shall, at the applicant’s expense, hire a qualified and licensed engineer to
       review the applicant’s submittal.

C.     A public or quasi-public utility pole or structure may be erected to a height
       necessary for proper use. For proposed structures above 45 feet, the city
       shall require the applicant to submit certification from a qualified and
       licensed engineer that the proposed height is the minimum necessary for
       utility purposes. For a proposed height greater than 55 feet, the city shall,
       at the applicant’s expense, hire a qualified and licensed engineer to review
       the applicant’s submittal.

D.     A wireless communication facility may exceed the applicable zoning
       district height limit provided it is installed in compliance with chapter 11-25.



RCC Title 11                             113                        Effective July 22, 2009
Land Development Code                                                   Ordinance No. 836
11-22-8       Performance Standards: In addition to the specific requirements
within the applicable zoning district chapter, the following performance standards
shall apply:

A.     Objectionable Elements. No land or building shall be used or occupied in
       any manner so as to create any dangerous, injurious, noxious or
       otherwise objectionable element. An objectionable element may include,
       but is not limited to: excessive noise, vibration, glare, smoke, dust or odor.

B.     Enclosure of Activities. Unless authorized by the applicable zoning
       district, all home occupation, commercial and industrial activities shall be
       conducted within an enclosed structure, except for customary accessory
       appurtenances, such as garbage, recycling, parking and loading areas.

C.     Outside Storage. Unless authorized by the applicable zoning district,
       outside storage of material for commercial and industrial uses is
       prohibited. An outside storage area shall not exceed 20 percent of lot area
       and shall be screened from view from any property line. Outside storage
       shall be restricted to the area at the rear of a principal building. The
       outside storage area shall be enclosed by a fence greater than or equal to
       8 feet in height. Outside storage exceeding a height of 8 feet shall be set
       back from the property line a distance of at least twice the height of
       material being stored. The height of outside storage shall not exceed twice
       the height of the fence in this subsection. Outside storage of junk or
       wrecked vehicles is prohibited.

D.     Refuse Collection Containers. For multi-family or nonresidential structures
       and uses, all outdoor refuse and recycling collection containers shall be
       completely screened from public or private streets and from adjacent
       property by an opaque screen. Refuse storage areas that are visible from
       the upper stories of adjacent structures shall have an opaque or semi-
       opaque horizontal cover or screen to mitigate unsightly views. The
       covering structure shall be compatible with the site’s architecture. The
       storage of animal or vegetable waste that may attract insects or rodents or
       otherwise create a potential health hazard is prohibited.

E.      Maintenance of Yards and Open Space. All required structures, yards,
        parking areas and other open areas on-site shall be maintained in a neat
        and orderly manner at all times appropriate for the zoning district. Yards
        and open areas shall be maintained, as the responsibility of the property
        owner, free of any hazards to health or safety. Except for permitted earth
        disturbing activity, all ground areas shall be maintained in a manner
        ensuring that the natural or landscaped vegetation or permitted impervious
        surfaces provide a durable and dust free covering at all times. Dumping or
        storage of junk or debris, including junk vehicles or wrecked vehicles, is
        prohibited.
RCC Title 11                             114                       Effective July 22, 2009
Land Development Code                                                     Ordinance No. 836
F.     Utilities. For new development, or existing development that is being
       expanded by ≥ 50 percent of its existing gross floor area, all utilities shall
       be located underground; provided, that electrical lines of 50,000 volts or
       greater may be placed above ground. The construction of a new single-
       family residence on an infill lot located within a subdivision where electric
       service is typically provided from an overhead location may be exempted
       from this requirement by the service provider if it determines that the
       undergrounding of electric facilities for this lot would be impractical.

G.     Screening of Mechanical Equipment. All roof mounted air conditioning or
       heating equipment, vents or ducts shall not be visible from the ground
       level of any abutting parcel or any public rights-of-way. This shall be
       accomplished through the extension of the main structure or roof or
       screening in a manner that is architecturally integrated with the main
       structure. The screening may require acoustical treatment to mitigate
       noise generation.

H.     Barbed or Razor Wire. Barbed, razor or similar security wire may be
       authorized by the city for municipal facilities, if the fence on which the wire
       is placed will be effectively screened by landscaping. Barbed, razor or
       similar security wire is prohibited in all other locations.

I.     Erosion and Sedimentation. A temporary erosion and sedimentation
       control plan detailing measures for controlling erosion and sediment-laden
       runoff shall be submitted for approval by the city prior to issuance of a
       clearing and grading permit or other construction permit for a project.
       Measures shall include provisions to remove depositions of soil and
       material from streets and to prevent discharge of soil and materials onto
       adjoining properties or environmentally sensitive areas. The plan shall be
       implemented by the applicant before and during construction, and the
       applicant’s performance shall be monitored by the city. The plan shall be
       upgraded as deemed necessary by the city to ensure effective control
       during construction.

J.     Particulates. During site development activities, construction dust and
       other particulates shall be controlled through frequent watering and/or
       other dust control measures approved by the city. Reclaimed water shall
       be used whenever practicable. Soil that is transported in trucks to and
       from the construction site shall be covered to the extent practicable to
       prevent particulates from being released.

K.      Stormwater Management. Stormwater facilities shall be designed to meet
        or exceed the standards outlined in the 2005 Department of Ecology
        Stormwater Management Manual for Western Washington, or subsequent
        amendments thereto. Plans demonstrating compliance with the manual
RCC Title 11                         115                      Effective July 22, 2009
Land Development Code                                                 Ordinance No. 836
       shall be submitted for approval by the city planner prior to issuance of site
       development permits.

L.     Contaminants. During site development activities, all releases of oils,
       hydraulic fluids, fuels, other petroleum products, paints, solvents, and
       other deleterious materials shall be contained and removed in a manner
       that will prevent their discharge to waters and soils of the state. The
       cleanup of spills shall take precedence over other work on the site.

11-22-9        Manufactured/Mobile Housing Development:

A.     Purpose. It is the purpose of this section to allow for and to regulate the
       use of manufactured housing and mobile homes. Manufactured housing
       is important in the provision of low and moderate cost housing. Therefore,
       standards in this section are provided both to recognize the need for
       manufactured housing and to establish criteria for the location and use of
       manufactured housing.

B.     Permitted Use. Manufactured housing is allowed in the SFR and MFR
       districts. Such housing is subject to all standards in this title that apply to
       residential land uses.

C.     Manufactured/mobile home park development. A manufactured/mobile
       home park development shall be processed in accordance with site plan
       review requirements in chapter 11-35. The development shall require a
       parcel of land under single ownership on which five or more mobile homes
       are occupied as residences. This does not include the use of mobile
       homes as allowable accessory uses.

D.     Classification of Manufactured Homes. A manufactured housing unit is a
       single-family residence, transportable in one or more sections, which is
       designed to be used with or without a permanent fascia when connected
       to the required utilities. Manufactured homes built prior to June 15, 1976,
       are referred to as mobile homes. When the federal government assumed
       control of the construction standards for the industry on June 15, 1976, the
       name changed to manufactured home, and the units were required to be
       constructed in accordance with the U.S. department of housing and urban
       development (HUD) standards. These manufactured homes bear the
       appropriate insignia indicating such compliance.

       For the purpose of this title, two types of manufactured housing are
       regulated, as well as manufactured/mobile home developments. The two
       types of manufactured housing are: manufactured homes and mobile
       homes. Each type of manufactured housing is classified below:


RCC Title 11                             116                       Effective July 22, 2009
Land Development Code                                                  Ordinance No. 836
       1. Manufactured homes are certified by HUD manufactured home
       construction and safety standards, and found on inspection to be safe and
       fit for residential occupancy.

       2. Used manufactured or mobile homes, in the opinion of the building
       inspector, having structural health or life safety issues requiring resolution
       before legal placement, shall first be inspected and/or repaired and re-
       inspected as required by Washington state department of labor and
       industry mobile home and manufactured structures division (L&I). Upon
       receiving documentation from L&I satisfying L&I requirements, the mobile
       home shall be considered for legal placement in the city.

E.     Standards for HUD certified manufactured homes.

       1. HUD certified manufactured homes are allowed in any manufactured
       home development, or on their own individual lots. However, any
       manufactured homes proposed to be located on their own individual lots in
       the SFR zone shall be limited to a minimum lot size of 7,200 square feet
       when served by city water and public sewer or as per the requirements of
       the Pierce County health department for septic sewer systems, whichever
       is larger.

       2. The following requirements must be met in order to permit the
       establishment of a manufactured home in an SFR or MFR district as a
       permitted use. Such home:

               a. Shall be permanently affixed;

               b. Shall meet the requirements specified for homes constructed on
       site for sewage and water facilities;

              c. Shall be installed as to the installation instructions provided by
       the manufactured home manufacturer. In the case where installation
       instructions are missing, the Washington administrative code (WAC 296-
       150M sections 600 through 670) will take precedence. The space between
       the wall of the home and the ground shall be fully enclosed with a
       perimeter skirting fascia which is compatible with the home and which
       provides ventilation and access conforming to the international building
       code;

             d. Shall have permanent steps and landings at each exit per the
       IBC secured in place;

             e. Shall be assembled on site in compliance with WAC 296-150M
       approved instructions and applicable city ordinances;

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              f. Shall have all work completed within 180 days after the issuance
       of a building permit.

       3. The above requirements (subsections 2a through 2f of this section
       inclusive) shall be inherent conditions of authorization and, in the event of
       the applicant's failure to so comply, such failure shall constitute sufficient
       grounds for revoking permit authorization; provided, however, before any
       such revocation may occur, 10 days' written notice by personal service or
       certified mail, return receipt requested, shall be given by the building
       inspector to the applicant, and, in the event of mailing same, shall be
       directed to the address shown on the application for such conditional use.
       This notice shall allow the applicant to correct the failure within the 10 day
       period and, upon the applicant's failure to do so, any planning or building
       permit issued relative thereto shall be deemed immediately revoked
       without further action by the city.

       4. For purposes of fulfilling the intent and purpose of this section, the
       superintendent of public works and the city building inspector shall be
       allowed access at all reasonable times for necessary inspections.

F.     Accessory structures. Accessory structures shall meet the setback
       requirements of the district and shall be constructed in compliance with
       the standards specified by the international building code. If attached
       structurally to the home, such structures shall also conform to the state of
       Washington department of labor and industry's standards and regulations.

G.     Standards for used manufactured or mobile homes, either certified or not,
       by prior HUD codes. This type of used manufactured or mobile home is
       allowed in a manufactured or mobile home park. The used manufactured
       or mobile home to be moved to a new location must meet the following
       standards:

       1. An application for approval to relocate shall be obtained.

       2. After moving or relocating a used manufactured or mobile home, an
       inspection shall be required to verify that the manufactured or mobile
       home remains in no less than good condition. An occupancy permit shall
       not be issued until such conditions are met.

H.     For additional regulations pertaining to mobile homes and mobile home
       parks, see chapter 10-3 and chapter 10-4.

11-22-10       Family Day-Care Facilities: A family day-care facility shall:

A.      Comply with all building, fire, safety, health code and business licensing
        requirements.
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B.     Conform to lot area, coverage, density, setback and lot coverage
       standards applicable to the zoning district except if the structure is a legal
       nonconforming structure.

C.     Be certified by the Washington State Department of Social and Health
       Services as providing a safe passenger loading area.

D.     Comply with chapter 11-26, Sign Regulations.

E.     Prior to state licensing, the proposed provider shall submit proof to the city
       planner that the provider notified the immediately adjoining property
       owners about the intent to locate and maintain a family day-care facility.
       Adequate proof shall consist of a copy of a detailed letter submitted to the
       adjoining neighbors, along with a signed certification of delivery and/or a
       written letter from the adjoining neighbors indicating that they have
       received proper notification.

11-22-11      Bed and Breakfast Establishments: A bed and breakfast
establishment (B&B) is permitted in specified zoning districts subject to
conditional use permit approval in accordance with chapter 11-34. A B&B shall
be established and operated in conformance with the following standards and
criteria:

A.     The parcel upon which the B&B is to be established, and the structure, in
       which it will be operated, shall generally conform to all standards of the
       applicable zoning district.

B.     The B&B shall be an incidental or secondary use to the primary use, which
       is considered to be the principal residential dwelling unit.

C.     The exterior appearance of the structure housing the B&B shall not be
       altered from its original single-family character.

D.     The owner/lessee of the structure housing the B&B shall operate the
       establishment and reside on-site.

E.     Service shall be limited to the rental of bedrooms. Meal service shall be
       limited to the provision of breakfast for registered guests.

F.     A maximum of 6 bedrooms or suites may be made available for rent.

G.     No separate or additional kitchens for guests are permitted.

H.      Receptions, private parties or similar activities, for which a fee is paid or
        which are allowable as a condition of room rental, may be permitted upon
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       a determination by the hearing examiner that such activities will not
       significantly impact the adjoining neighborhood.

I.     The parcel upon which the B&B is to be established shall not qualify for
       city approval of an accessory dwelling unit or home occupation in addition
       to the B&B.

J.     No B&B shall be located closer than 300 feet to another B&B, as
       measured in a straight line from property line to property line.

K.     A city business license shall be obtained annually in accordance with
       chapter 4-1A. The B&B shall be exempt from the home occupation
       requirements of section 11-22-13.

L.     Signage shall comply with the standards in chapter 11-26.

M.     One off-street parking space shall be provided on-site for each rental
       bedroom. The number of required off-street spaces may be reduced by
       the number of spaces available on the street frontage adjoining the parcel
       upon which the B&B is to be established, if the hearing examiner
       determines that sufficient on-street parking will exist to satisfy parking
       demand in the neighborhood once the B&B has been established. Any
       additional off-street parking provided in conjunction with the B&B shall, to
       the extent possible, be located to the side or rear of the structure housing
       the B&B in order to minimize visual impacts on the streetscape. Off-street
       parking shall be designed to reduce impacts on adjoining properties
       through the installation of vegetative screening and/or fencing. The
       parking surface and additional driveway surface required to provide
       access to the parking area shall be constructed of a permeable surface
       such as interlocking pavers, grasscrete or other pervious pavement that
       minimizes impervious surface and achieves a superior appearance when
       compared with asphalt or concrete. For additional off-street parking
       standards, see chapter 11-23.

11-22-12       Accessory Dwelling Units (ADUs):

A.     Purpose. The purpose of allowing ADUs is to:

       1. Provide homeowners with a means of obtaining, through tenants in the
       ADU or the principle unit, rental income, companionship, security, and
       services.

       2. Add affordable units to the existing housing stock.

        3. Make housing units available to people with income levels that might
        otherwise preclude them from finding homes within the city.
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       4. Develop housing units in single-family neighborhoods that are
       appropriate for people at a variety of stages in the life cycle.

       5. Protect neighborhood stability, property values, and the single-family
       residential appearance of the property and neighborhood by ensuring that
       ADUs are installed under the conditions of this section.

B.     Approval. An ADU may be approved by the city planner subject to
       administrative use permit approval in accordance with chapter 11-33,
       provided the standards and criteria in subsection C are met by the proposal.

C.     Standards and Criteria. An ADU shall meet the following standards and
       criteria:

       1. The design and size of the ADU shall conform to all applicable
       standards in the building, plumbing, electrical, mechanical, fire, health,
       and any other applicable codes. When there are practical difficulties in
       carrying out the provisions of this subsection, the building official may
       grant modifications for individual cases provided the intent of the
       applicable code is met.

       2. An ADU may be attached to, or detached from, the principal unit.

       3. Only one ADU may be created per principal unit.

       4. The property owner, which shall include title holders and contract
       purchasers, must occupy either the principal unit or the ADU as their
       permanent residence, but not both, and at no time receive rent for the
       owner-occupied unit.

       5. An ADU may be developed in either an existing or a new single-family
       residence.

       6. An attached ADU shall not exceed 800 square feet; provided, if the
       ADU is completely located on a single floor of a multi-story building, the
       city planner may allow increased size in order to efficiently use all floor
       area. A detached ADU shall comply with accessory building size limits
       and related standards in section 11-22-3.

        7. An attached ADU shall be designed to maintain the architectural design,
        style, appearance and character of the principal unit as a single-family
        residence. If an attached ADU extends beyond the current footprint or
        existing height of the principal unit, or requires modifications to the exterior
        of the building, the addition or modifications must be consistent with the
        existing façade, roof pitch, siding, windows, and other exterior design
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       elements and finish materials. A detached ADU shall use the same design
       vocabulary as the principal unit to the extent feasible.

       8. Only one entrance is permitted to be located on the front façade of the
       principal unit. If a separate outside entrance is necessary for an attached
       ADU, it must be located either on the rear or side of the principal unit. This
       entrance shall be located in such a manner as to be unobtrusive from the
       same view of the building that encompasses the main entrance to the
       principal unit.

       9. No additional off-street parking is required for an ADU unless the city
       planner determines that insufficient on-street parking will exist to satisfy
       parking demand in the neighborhood once the ADU has been occupied.
       Any additional off-street parking provided in conjunction with the ADU
       shall, to the extent possible, be located to the side or rear of the principal
       unit to minimize visual impacts on the streetscape. Off-street parking shall
       be designed to reduce impacts on adjoining properties through the
       installation of vegetative screening and/or fencing. For additional off-street
       parking standards, see chapter 11-23.

       10. In order to encourage the development of housing units for people with
       disabilities, the city planner may allow reasonable deviation from the
       requirements of this section when necessary to install features that
       facilitate accessibility. These facilities shall conform to Washington State
       regulations for barrier-free facilities.

       11. An ADU shall be connected to the utilities of the principal unit and may
       not have separate water, sewer and electrical services.

       12. The total number of occupants in both the principal unit and ADU
       combined may not exceed the maximum number established by the
       definition of family in chapter 11-3.

       13. A registration form or other forms required by the city planner shall be
       filed as a deed restriction with the Pierce County auditor to indicate the
       presence of the ADU, the requirement of owner-occupancy, and other
       standards for maintaining the unit as described above.

11-22-13       Home Occupations:

A.     Purpose and Intent. It is the purpose and intent of this section to:

       1. Protect residential areas from potential adverse impact of activities
       defined as home occupations;


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       2. Permit residents of the community a broad choice in the use of their
       homes as a place of livelihood and for the production or supplementing of
       personal and family income; and

       3. Establish criteria and standards for the use of residential structures for
       home occupations.

B.     Permit Requirement. A home occupation may be carried on upon the
       issuance of a business license pursuant to chapter 4-1A and the issuance
       of a home occupation permit by the city planner.

C.     Submittal Requirements. Application for a home occupation permit shall
       be made upon forms provided by the city clerk-treasurer, accompanied by
       a filing fee in accordance with the planning services fee schedule
       established by council resolution. The application shall be signed by the
       owner of the property on which the home occupation activity will occur.
       The application shall also be signed by the business operator if that
       person is different from the property owner. The city planner may require
       the submittal of a site plan of the premises, floor plans of the residence or
       accessory building in which the use or activity will take place, and other
       documentation deemed necessary to process the application. The plans
       shall clearly indicate the area where the use or activity will take place and
       any structural alterations intended to accommodate the use or activity.

D.     Categories of Home Occupation.

       1. Type I home occupations are those activities that comply with all
       performance standards in subsection F.

       2. Type II home occupations are those activities that do not comply with
       one or more of the performance standards governing Type I home
       occupations but that do comply with the performance standards governing
       Type II home occupations in subsection G.

E.     Processing Requirements.

       1. The city planner shall approve a proposed home occupation that
       complies with all Type I standards in subsection F. The city planner may
       impose conditions of approval to ensure that the business activity is
       conducted in a manner consistent with the standards and purpose and
       intent of this section.

       2. A proposed home occupation that has been determined by the city
       planner to not comply with one or more Type I standards in subsection F
       may be permitted subject to conditional use permit approval by the

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       hearing examiner in accordance with chapter 11-34, if the home
       occupation complies with the Type II standards in subsection G.

F.     Type I Home Occupation Standards.

       1. Only residents of the premises on which the home occupation is located
       shall carry on the home occupation.

       2. The home occupation shall be carried on entirely within a residence.
       The home occupation shall occupy not more than 25 percent of the total
       floor area of the habitable portion of a residence. In no event shall such
       occupancy exceed 400 square feet.

       3. Any extension of the home occupation to the outdoors, including, but
       not limited to, paving of yards for parking, outdoor storage or activity, and
       indoor storage or activity visible from outdoors (e.g., in an open garage), is
       prohibited.

       4. The home occupation shall not result in the elimination of required on-
       site parking.

       5. The home occupation shall be conducted in such a manner as to give
       no outward appearance nor manifest any characteristics of a business in
       terms of deliveries, parking, customer trips and other activities, that would
       infringe upon the right of the neighboring residents to enjoy a peaceful
       occupancy of their homes.

       6. The home occupation shall not result in structural alteration to the
       interior or exterior of the structure that changes its residential character.

       7. No equipment shall be used and no activities shall be conducted that
       would result in noise, vibration, smoke, dust, odors, heat, glare or other
       conditions exceeding in duration or intensity those normally produced by
       residential use. Normal residential use shall be construed as including the
       above impacts only on an occasional weekend or evening basis (e.g., in
       connection with a hobby or home/yard maintenance), and not on a daily
       basis.

       8. The home occupation shall not include:

           a. automobile, truck or heavy equipment repair;

           b. body work or painting;

             c. outdoor storage of used parts of vehicles and used machinery in an
        inoperable condition; or
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Land Development Code                                                    Ordinance No. 836
          d. outside storage of building materials such as lumber, plasterboard,
       pipe, paint or other construction materials.

       9. The home occupation shall not include parking or storage of heavy
       equipment, including trucks of over one ton load capacity, unless within a
       fully enclosed building.

       10. Persons in building trades and similar fields using their homes or
       apartments as offices for business activities conducted off the residential
       premises may have other employees or independent contractors;
       provided, that such employees or independent contractors do not perform
       labor or personal services on the residential premises, park on or near the
       residential premises, or routinely check in at the residential premises
       during the course of business.

       11. The home occupation may include limited on-premises sales of
       products or stock-in-trade, provided the applicant can clearly demonstrate
       that such sales will not be inconsistent with other Type I standards.
       Examples of allowable on-premises sales include cosmetics or similar
       products associated with a business where most products are delivered to
       a customer’s address, hair care products associated with a barber/beauty
       shop and instructional materials pertinent to the home occupation, e.g.,
       music books. The display or storage of products or stock-in-trade outside
       a residence or in a window is prohibited.

       12. Activities conducted and equipment or material used shall not change
       the fire safety or occupancy classifications of the premises. Utility
       consumption shall not exceed normal residential usage.

       13. The home occupation shall not generate significantly greater traffic
       volume than would normally be expected in the particular residential zone
       or neighborhood in which the home occupation is conducted. Generally,
       delivery and pickup of materials to and from the premises by a commercial
       vehicle should not exceed 2 trips per day. For the purpose of this section,
       commercial vehicles shall not exceed a gross vehicle weight of 20,000
       pounds. Also, generally, traffic generated by a home occupation should
       not exceed 4 round trips per day.

       14. If the home occupation is the type in which classes are held or
       instruction given, there shall be no more than two students allowed in any
       one class or instruction period.

       15. Signage shall be consistent with the provisions of chapter 11-26, Sign
       Regulations.

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G.     Type II Home Occupation Standards.

       1. The home occupation will not harm the character of the surrounding
       neighborhood.

       2. The home occupation will not include storage, use or operation of
       building materials, machinery, commercial vehicles or tools, unless:

               a. The activity is wholly enclosed within a structure or building; and

             b. The activity would not result in noise, vibration, smoke, dust,
       odors, heat, glare or other conditions exceeding in duration or intensity
       those normally produced by residential use. Normal residential use shall
       be construed as including the above impacts only on an occasional
       weekend or evening basis (e.g., in connection with a hobby or home/yard
       maintenance), and not on a daily basis.

       3. The home occupation will not create a condition which injures or
       endangers the comfort, repose, health and safety of persons on abutting
       properties or streets.

       4. The home occupation will not generate excessive traffic or necessitate
       excessive parking beyond that normally associated with residential use in
       the neighborhood in which the home occupation is located.

       5. The home occupation will include no more than 2 nonresident
       employees when nonresident employees are involved.

       6. The home occupation will not include the outdoor display and sale of
       products or stock in trade, unless the applicant can demonstrate that such
       on-premises sales will not result in noncompliance with other applicable
       standards governing Type I and Type II home occupations.

       7. The home occupation will comply with chapter 11-26, Sign Regulations.

H.     Other Regulations.

       1. Home occupations shall comply with all other local, state or federal
       regulations pertinent to the activity pursued, and the requirements or
       permission granted or implied by this section shall not be construed as an
       exemption from these regulations.

        2. Home occupation permits are issued to an individual applicant and shall
        not be transferred or otherwise assigned to any other person. The permit
        will automatically expire when the applicant named on the permit
        application moves from the site or moves the business from the site. The
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Land Development Code                                                  Ordinance No. 836
       home occupation shall also automatically expire if the permittee fails to
       maintain a valid business license or the business license is suspended or
       revoked. The home occupation shall not be transferred to any site other
       than that described on the application form.

I.     Exemptions. The following activities shall be exempt from the provisions of
       this section:

       1. Garage sales regulated under RCC chapter 4-9; and

       2. Family day-care facilities licensed by the Washington State Department
       of Social and Health Services.

       3. The sale of vegetables, fruits, flowers and other agricultural products
       grown on the premises during the growing season.

11-22-14       Adult Entertainment Establishments:

A.     Purpose. The purpose of this section is to protect the general public,
       health, safety, and welfare of the citizens of the city through the regulation
       of adult entertainment businesses through zoning. The regulations set
       forth herein are intended to prevent crime, protect the city's retail trade,
       maintain property values, and generally to protect and preserve the quality
       of the city's neighborhoods, business and commercial districts, and the
       quality of life while allowing reasonable opportunities for the location of
       adult entertainment businesses within the city.

B.     Use regulations and distance requirements. The following business
       requirements or buffers are established for any adult entertainment
       business. Any distance requirements shall be measured by following a
       direct line, without regard to intervening properties or buildings, from the
       nearest point of the property parcel, lot, grounds or area of any of the
       below listed uses to the nearest point of the lot or parcel upon which any
       adult entertainment business is proposed to be located.

       No adult entertainment business shall be located closer than 300 feet from
       any library, government building, public or private school, university or
       college, public playground, trail or recreation facility, Roy Grange Hall,
       licensed daycare center for children, daycare home or preschool, church
       or religious facility, youth activity center, tavern or restaurant which has a
       state liquor license, adult bookstore, adult retail store, adult video store,
       adult motion picture theater, adult mini-motion picture theater, or adult
       entertainment business. The 300-foot buffer shall apply whether any of the
       above listed uses or facilities are located inside or outside of the corporate
       limits of the city.

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Land Development Code                                                  Ordinance No. 836
C.     Parking Requirements.       All parking areas for adult entertainment
       businesses shall be visible from the street fronting the structure. No
       access shall be allowed from the rear of the structure.

D.     Signage. Signage shall comply with chapter 11-26 and the following
       additional limitations:

       1. There may be no more than two signs, even if the business fronts on
       more than one street.

       2. Each display surface of a sign must:

               a. Be a flat plane, rectangular in shape.

               b. Not be flashing or pulsating.

               c. Have characters of a solid color.

               d. Have no pictorial or graphic symbols on the sign.

             e. The informational material shall be limited to the name and
       address of the business, identification of the establishment as an adult
       use, and the days and hours of operation.

E.     Permit Review. In addition to the standard application materials, an
       applicant for an adult entertainment business shall submit to the city
       planner an independently prepared study addressing the economic
       impacts of the proposal. The study shall address such issues as property
       values, blighting, tax revenues, changes to commercial receipts, and other
       related issues which could directly or indirectly result from the proposal.
       The report shall be prepared by persons with sufficient expertise in this
       field as determined by the city.

F.     Nonconforming Use. The nonconforming use provisions set forth in
       section 11-22-21 shall not apply to adult entertainment businesses.

G.     Enforcement.

       1. Nuisance Declared; Abatement: Notwithstanding any other provisions
       of this title, any violation of any of the provisions of this section is declared
       to be a public nuisance per se, which shall be abated by the city attorney
       by way of civil abatement procedures only, and not by criminal
       prosecution.

        2. Scope of Authority: Nothing in this section is intended to authorize,
        legalize or permit the establishment, operation, or maintenance of any
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Land Development Code                                                   Ordinance No. 836
       business, building, or use which violates any city ordinance or statute of
       the state of Washington regarding public nuisances, sexual conduct,
       lewdness, or obscene or harmful matter or the exhibition or public display
       thereof.

11-22-15    Temporary Accessory Structures and Uses: The following
temporary accessory structures and uses are allowed in any zoning district:

A.     Temporary construction buildings. Temporary structures for the housing of
       tools and equipment, or providing sanitation facilities, or containing
       supervisory offices in connection with major construction projects, may be
       established and maintained during the progress of such construction on
       such projects, and shall be abated within 30 days after completion of the
       project or 30 days after cessation of work.

B.     Temporary real estate office. One temporary real estate sales office may
       be located on any new subdivision in any zone; provided the activities of
       the office shall pertain only to the selling of lots within the subdivision upon
       which the office is located; and provided further, that if the subdivision is in
       any SFR, TRD or MFR zone, the temporary real estate office shall be
       removed no later than 12 months from the date of the recording of the final
       map of the subdivision upon which the office is located.

11-22-16      Pedestrian Plazas: Pedestrian plazas required in conjunction with
new commercial or mixed use development or redevelopment shall comply with
the following standards:

A.     The plaza shall be adjacent to and open to a public street and sidewalk on
       at least one side.

B.     The plaza design shall allow people walking or driving by to see into the
       plaza from a height of 2 feet, 6 inches to 8 feet above finished grade.
       Lighting shall be included to enable people walking or driving by to see
       into the plaza at night.

C.     The plaza shall be open to the public during daylight hours.

D.     The portions of the plaza not landscaped shall be surfaced in textured
       concrete, bricks, interlocking pavers, or other enhanced paving materials.

E.     Up to 25 percent of the plaza may be landscaped with lawn or
       groundcovers. All landscaped areas that do not include lawns shall include
       trees. Tree wells do not count against the 25 percent limit on landscaping
       coverage.


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F.     The plaza shall be located and designed so that wind within the plaza
       does not interfere with its use for sitting and similar activities.

G.     80 percent of the plaza, outside of any covered area, should not be
       shaded during the hours of 10:00 a.m. to 2:00 p.m. in the winter, except by
       the trees within the plaza. If possible, the plaza shall have a southern
       exposure.

H.     The plaza shall not be used by motor vehicles for any purpose other than
       maintenance.

I.     The plaza shall not be bordered by a drive-through lane on any side.

J.     The plaza shall meet at least one of the following requirements:

       1. The seating area of a restaurant shall overlook the plaza on at least one
       side. At least 25 percent of the restaurant wall abutting the plaza will
       consist of clear windows.

       2. A food, refreshment, coffee or espresso cart will be located in the plaza
       during at least one-half of each working day.

       3. The plaza will include a fountain of at least 100 square feet and
       children’s play equipment.

       4. The plaza will include other features that will provide equivalent or
       better surveillance of the plaza.

11-22-17      Large Retail Establishments: Large retail establishments, as
defined in chapter 11-3, shall comply with the following standards:

A.     Facades and Exterior Walls. Facades shall be articulated to reduce the
       massive scale and the uniform, impersonal appearances of large retail
       buildings and provide visual interest that will be consistent with the
       community’s identity, character, and scale. The intent is to encourage a
       more human scale that Roy residents will be able to identify with their
       community.

       1. Facades greater than 80 feet in length, measured horizontally, shall
       incorporate wall plane projections or recesses having a depth of at least 4
       percent of the length of the façade, but not less than 6 feet, and extending
       at least 20 percent of the length of the façade. No uninterrupted length of
       any façade shall exceed 80 horizontal feet. See illustration, below.



RCC Title 11                           130                       Effective July 22, 2009
Land Development Code                                                Ordinance No. 836
       2. Ground floor facades that face public streets shall have arcades,
       display windows, entry areas, awnings, or other such features along no
       less than 60% of their horizontal length. See illustration, below.




B.     Smaller Retail Stores. The presence of smaller retail stores gives a center
       a “friendlier” appearance by creating variety, breaking up large expanses,
       and expanding the range of the site’s activities. Windows and window
       displays of such stores shall be used to contribute to the visual interest of
       exterior facades. The standards presented in this subsection are directed
       toward those situations where principal buildings contain additional,
       separately owned stores, which occupy less than 25,000 square feet of
       gross floor area, with separate, exterior customer entrances.
       1. The street level façade of such stores shall be transparent between the
       height of 3 feet and 8 feet above the walkway grade for no less than 60%
       of the horizontal length of the building façade of such additional stores.

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       2. Windows shall be recessed and include visually prominent sills,
       shutters, or other such forms of framing.

C.     Detail Features. Buildings shall have architectural features and patterns
       that provide visual interest at the scale of the pedestrian, reduce massive
       aesthetic effects, and recognize local character. Building facades must
       include a repeating pattern that includes no less than three of the design
       elements listed below. These elements shall be integral parts of the
       building fabric, and not superficially applied trim, graphics, or paint. At
       least one of these elements shall repeat horizontally. All elements shall
       repeat at intervals of no more than 30 feet, either horizontally or vertically.

              Color change
              Texture change
              Material module change
              Expression of architectural or structural bay through a change in
               plane no less than 12 inches in width, such as an offset, reveal, or
               projecting rib.




                    Expression of Architectural or Structural Bay


D.     Roofs. Variations in rooflines shall be used to add interest to, and reduce
       the massive scale of, large buildings. Roof features shall compliment the
       character of adjoining neighborhoods. Roofs shall have no less than two
       of the following features:

       1. Parapets concealing flat roofs and rooftop equipment such as HVAC
       units from public view. The average height of such parapets shall not
       exceed 15 percent of the height of the supporting wall and such parapets
       shall not at any point exceed one-third of the height of the supporting wall.
       Such parapets shall feature three dimensional cornice treatments.



RCC Title 11                             132                        Effective July 22, 2009
Land Development Code                                                   Ordinance No. 836
                                    Parapet Standards

       2. Overhanging eaves, extending no less than 3 feet past the supporting
       walls.

       3. Sloping roofs that do not exceed the average height of the supporting
       walls, with an average slope greater than or equal to 1 foot of vertical rise
       for every 3 feet of horizontal run, and less than or equal to 1 foot of vertical
       rise for every 1 foot of horizontal run.

       4. Three or more roof slope planes.

E.     Entryways.     Entryway design elements and variations shall give
       orientation and aesthetically pleasing character to principal buildings.
       Principal buildings shall have clearly defined, highly visible customer
       entrances featuring no less than four of the following:

       1. Canopies or porticos
       2. Overhangs
       3. Recesses/projections
       4. Arcades
       5. Raised corniced parapets over the door
       6. Peaked roof forms
       7. Arches
       8. Outdoor patios
       9. Display windows
RCC Title 11                             133                        Effective July 22, 2009
Land Development Code                                                   Ordinance No. 836
       10. Architectural details such as tile work and moldings, which are
       integrated into the building structure and design
       11. Integral planters or wing walls that incorporate landscaped areas
       and/or places for sitting

       Where additional stores will be located in the principal building, each store
       shall have at least one exterior customer entrance that conforms to the
       above requirements.

F.     Orientation of Entrances. Large retail buildings shall feature multiple
       entrances. Multiple building entrances reduce walking distances from
       cars, facilitate pedestrian and bicycle access from public sidewalks, and
       provide convenience where certain entrances offer access to individual
       stores, or identified departments in a store. Multiple entrances also
       mitigate the effect of the unbroken walls and neglected areas that often
       characterize building facades that face bordering land uses.

       All sides of a principal building that face an abutting public street shall
       feature at least one customer entrance. Where a principal building faces
       more than two abutting public streets, this requirement shall apply only to
       two sides of the building, including the side of the building facing the
       primary street, and another side of the building facing a second street.

G.     Outdoor Storage, Trash Collection, and Loading Areas. Loading areas
       and outdoor storage areas exert visual and noise impacts on surrounding
       neighborhoods. These areas, when visible from adjoining properties
       and/or public streets, shall be screened, recessed or enclosed. While
       screens and recesses can effectively mitigate these impacts, the selection
       of inappropriate screening materials can exacerbate the problem.
       Appropriate locations for loading and outdoor storage areas include areas
       between buildings, where more than one building is located on a site and
       such buildings are not more than 40 feet apart, or on those sides of
       buildings that do not have customer entrances.

       1. Areas for outdoor storage, truck parking, trash collection or compaction,
       loading, or other such uses shall not be visible from abutting streets.

       2. No areas for outdoor storage, trash collection or compaction, loading, or
       other such uses shall be located within 20 feet of any public street, public
       sidewalk, or internal pedestrian way.

        3. Loading docks, truck parking, outdoor storage, utility meters, HVAC
        equipment, trash collection, trash compaction, and other service functions
        shall be incorporated into the overall design of the building and the
        landscaping so that the visual and acoustic impacts of these functions are
        fully contained and out of view from adjacent properties and public streets,
RCC Title 11                              134                     Effective July 22, 2009
Land Development Code                                                    Ordinance No. 836
       and no attention is attracted to the functions by the use of screening
       materials that are different from or inferior to the principal materials of the
       building and landscape.

       4. Non-enclosed areas for the storage and sale of seasonal inventory shall
       be permanently defined and screened with walls and/or fences. Materials,
       colors, and designs of screening walls and/or fences and the cover shall
       conform to those used as predominant materials and colors of the
       building. If such areas are to be covered, then the covering shall conform
       to those used as predominant materials and colors on the buildings.

H.     Pedestrian Flows.        Pedestrian accessibility opens auto-oriented
       developments to the neighborhood, thereby reducing traffic impacts and
       enabling the development to project a friendlier, more inviting image. This
       subsection establishes standards for public sidewalks and internal
       pedestrian circulation systems that can provide user-friendly pedestrian
       access as well as pedestrian safety, shelter, and convenience within the
       center grounds.

       1. Sidewalks at least 8 feet in width shall be provided along all sides of the
       lot that abut a public street.

       2. Continuous internal pedestrian walkways, no less than 8 feet in width,
       shall be provided from the public sidewalk or right-of-way to the principal
       customer entrance of all principal buildings on the site. At a minimum,
       walkways shall connect focal points of pedestrian activity such as, but not
       limited to, transit stops, street crossings, building and store entry points,
       and shall feature adjoining landscaped areas that include trees, shrubs,
       benches, flower beds, ground covers, or other such materials for no less
       than 50 percent of their length.

       3. Sidewalks, no less than 9 feet in width, shall be provided along the full
       length of the building along any façade featuring a customer entrance, and
       along any façade abutting public parking areas. Such sidewalks shall be
       located at least 6 feet from the façade of the building to provide planting
       beds for foundation landscaping, except where features such as arcades
       or entryways are part of the façade.

       4. Internal pedestrian walkways provided in conformance with item 2
       above, shall provide weather protection features such as awnings or
       arcades within 30 feet of all customer entrances.

        5. All internal pedestrian walkways shall be distinguished from driving
        surfaces through the use of durable, low maintenance surface materials
        such as pavers, bricks, or scored concrete to enhance pedestrian safety
        and comfort, and the attractiveness of the walkways.
RCC Title 11                            135                    Effective July 22, 2009
Land Development Code                                                 Ordinance No. 836
I.     Central Features and Community Spaces. Buildings shall offer attractive
       and inviting pedestrian scale features, spaces and amenities. Entrances
       and parking lots shall be configured to be functional and inviting with
       walkways conveniently tied to logical destinations. Bus stops and drop-
       off/pick-up points shall be considered as integral parts of the configuration.
       Pedestrian ways shall be anchored by special design features such as
       towers, arcades, porticos, pedestrian light fixtures, bollards, planter walls,
       and other architectural elements that define circulation ways and outdoor
       spaces. Examples of outdoor spaces include plazas, patios, courtyards,
       and window shopping areas. The features and spaces shall enhance the
       building and the center as integral parts of the community fabric.

       Each retail establishment subject to these standards shall contribute to the
       establishment or enhancement of community and public spaces by
       providing at least two of the following: patio/seating area, pedestrian
       plaza with benches, transportation center, window shopping walkways,
       outdoor play area, kiosk area, water feature, clock tower, or other such
       deliberately shaped area and/or a focal feature or amenity that, in the
       judgment of the city planner and the hearing examiner, adequately
       enhances such community and public spaces. Any such areas shall have
       direct access to the public sidewalk network and such features shall not
       be constructed of materials that are inferior to the principal materials of the
       building and landscape.




               Example of a center with numerous special features and
                                community spaces

11-22-18       Outdoor Lighting:

A.     Applicability. This section shall apply to the installation of outdoor lighting
       fixtures within development proposals subject to planned development
       review in accordance with chapter 11-31, conditional use permit review in
       accordance with chapter 11-34, and major site plan review or minor site
       plan review in accordance with chapter 11-35. Properties developed with
RCC Title 11                             136                       Effective July 22, 2009
Land Development Code                                                  Ordinance No. 836
       single-family or duplex dwellings are exempt from this section, provided they
       are not located within a planned development approved subsequent to the
       effective date of this section.

B.     Approval Required. The installation of outdoor lighting fixtures shall require
       approval of the hearing examiner or city planner, as appropriate. Approval
       shall not be granted unless the proposed installation is found by the hearing
       examiner or city planner to conform to all applicable provisions of this
       section.

C.     General Requirements.

       1. The applicant shall submit to the city sufficient information, in the form
       of an overall exterior lighting plan, to enable the hearing examiner or city
       planner to determine that the applicable provisions will be satisfied. The
       lighting plan shall include at least the following, when applicable:

          a. A site plan, drawn to a scale of one inch equaling no more than 20
       feet, showing buildings, landscaping, parking areas, and all proposed
       exterior lighting fixtures.
           b. Specifications for all proposed lighting fixtures including photometric
       data, designation as IESNA “cut-off” fixtures, Color Rendering Index (CRI)
       of all lamps (bulbs), and other descriptive information on the fixtures.

           c. Proposed mounting height of all exterior lighting fixtures.

           d. Analyses and illuminance level diagrams showing that the proposed
       installation conforms to the lighting level standards in this section.

          e. Drawings of all relevant building elevations showing the fixtures, the
       portions of the walls to be illuminated, the illuminance levels of the walls,
       and the aiming points for any remote light fixtures.

       2. Wherever practicable, lighting installations shall include timers,
       dimmers, and/or sensors to reduce overall energy consumption and
       eliminate unneeded lighting.

       3. When an outdoor lighting installation is being substantially modified,
       extended, expanded, or added to, the entire outdoor lighting installation
       shall be subject to the requirements of this section.

       4. Expansions, additions, or replacements to outdoor lighting installations
       shall be designed to avoid harsh contrasts in color and/or lighting levels.



RCC Title 11                             137                        Effective July 22, 2009
Land Development Code                                                   Ordinance No. 836
       5. Electrical service to outdoor lighting fixtures shall be underground
       unless the fixtures are mounted directly on utility poles.

       6. Proposed lighting installations that are not covered by the special
       provisions in this section may be approved only if the hearing examiner or
       city planner finds that they are designed to minimize glare, do not direct
       light beyond the boundaries of the area being illuminated or onto adjacent
       properties or streets, and do not result in excessive lighting levels.

       7. For the purposes of these regulations, the mounting height of a lighting
       fixture shall be defined as the vertical distance from the grade elevation of
       the surface being illuminated to the bottom of the lighting fixture (i.e.,
       luminaire).

       8. Holiday lighting during the months of November, December and
       January shall be exempt from the provisions of this section; provided, that
       such lighting does not create dangerous glare on adjacent streets or
       properties.

D.     Modifications to requirements. The hearing examiner or city planner may
       modify the requirements of this section if it determines that in so doing it
       will not jeopardize achievement of the intent of these regulations. For
       example, small-scale commercial or mixed use projects (specifically
       including those subject to minor site plan review), or residential planned
       developments, may not warrant the submittal of certain detailed plans and
       specifications due to the nature of the proposed use, site characteristics,
       or proposed type of lighting installation.

E.     Parking Lot Lighting. Parking lot lighting shall be designed to provide the
       minimum lighting necessary to ensure adequate vision and comfort in
       parking areas, and to not cause glare or direct illumination onto adjacent
       properties or streets.

       1. All lighting fixtures serving parking lots shall be cut-off fixtures as
       defined by the Illuminating Engineer Society of North America (IESNA).

       2. Alternatives. The design for an area, such as the Western Design
       Overlay District, may suggest the use of parking lot lighting fixtures of a
       particular “period” or architectural style, as either alternatives or
       supplements to the lighting described above.

          a. If such fixtures are not “cut-off” fixtures as defined by IESNA, the
       maximum initial lumens generated by each fixture should not exceed
       2,000 (equivalent to a 150 watt incandescent bulb).

RCC Title 11                            138                       Effective July 22, 2009
Land Development Code                                                 Ordinance No. 836
          b. Mounting heights of such alternative fixtures should not exceed 16
       feet.

       3. Parking lot lighting standards for specific lighting districts are shown in
       Table 1. Parking areas in District 3 should not be illuminated unless
       specific hazardous conditions exist that make illumination necessary. In
       such cases, the lighting shall meet the standards for District 2.

                        Table 1: Parking Lot Lighting Standards

                          District 1: R, C,     District 2: MFR     District 3: SFR and
                          IP, WDO and           and MU*****         TRD districts
                          MU**** districts      districts
 Mounting Height          20 feet               16 feet             Parking lot lighting
 (Maximum)*                                                         discouraged
 Minimum                  No less than          No less than        Parking lot lighting
 Illumination Level       0.3 foot-candles      0.2 foot-candles    discouraged
 (at darkest spot on      No more than          No more than
 the parking area)        0.5 foot-candles      0.3 foot-candles
 Uniformity Ratio **      4:1                   4:1                 Parking lot lighting
                                                                    discouraged
                                                                    Parking lot lighting
 Minimum CRI***           20                    70                  discouraged
       *       Mounting height is the vertical distance between the surface being illuminated
               and the bottom of the lighting fixture.
       **      Uniformity ratio is the ratio of average illumination to minimum illumination.
       ***     CRI is the Color Rendering Index.
       ****    Portions of MU districts developed primarily with non-residential uses.
       *****   Portions of MU districts developed primarily with residential uses.

F.     Lighting of Service Station/Convenience Store Aprons and Canopies.
       Lighting levels on service station/convenience store aprons and under
       canopies shall be adequate to facilitate the activities taking place in such
       locations. Lighting of such areas shall not be used to attract attention to
       the businesses. Signs allowed under chapter 11-26 shall be used for that
       purpose.

       1. Areas on the apron away from the fuel pump islands used for parking or
       vehicle storage shall be illuminated in accordance with the requirements
       for parking areas in subsection E. If no fuel pumps are provided, the
       entire apron shall be treated as a parking area.

       2. Areas around the pump islands and under canopies shall be illuminated
       so that the minimum horizontal illuminance at grade level is at least one
       foot-candle and no more than 5.5 foot-candles. The uniformity ratio shall
       be no greater than 4:1.

RCC Title 11                                  139                        Effective July 22, 2009
Land Development Code                                                        Ordinance No. 836
       3. Light fixtures mounted on canopies shall be recessed so that the lens
       cover is recessed or flush with the bottom surface (ceiling) of the canopy
       and/or shielded by the fixture or the edge of the canopy so that light is
       restrained to no more than 85 degrees from vertical, as shown in the
       figure below.




                                 Fuel Pump Canopy

       4. As an alternative (or supplement) to recessed ceiling lights, indirect
       lighting may be used where light is beamed upward and then reflected
       down from the underside of the canopy. In this case light fixtures must be
       shielded so that direct illumination is focused exclusively on the underside
       of the canopy.

       5. Lights shall not be mounted on the top or sides (fascias) of the canopy
       and the sides (fascias) of the canopy shall not be illuminated.

G.     Lighting of Exterior Display/Sales Areas. Lighting levels on exterior
       display/sales areas shall be adequate to facilitate the activities taking
       place in such locations. Lighting of such areas shall not be used to attract
       attention to the businesses. Signs allowed under chapter 11-26 shall be
       used for that purpose. The applicant shall designate areas to be
       considered display/sales areas and areas to be used as parking or
       passive vehicle storage areas. This designation must be approved by the
       hearing examiner or city planner.

       1. Areas designated as parking or passive vehicle storage areas shall be
       illuminated in accordance with the requirements for parking areas in
       subsection E.

        2. Areas designated as exterior display/sales areas shall be illuminated so
        that the average horizontal illuminance at grade level is no more than 5
        foot-candles. The uniformity ratio shall be no greater than 4:1. The
RCC Title 11                            140                       Effective July 22, 2009
Land Development Code                                                    Ordinance No. 836
       average and minimum shall be computed for only that area designated as
       exterior display/sales area.

       3. Light fixtures shall meet the IESNA definition of cut-off fixtures, and
       shall be located, mounted, aimed, and shielded so that direct light is not
       cast onto adjacent streets or properties.

       4. Fixtures shall be mounted no more than 20 feet above grade and
       mounting poles shall be located either inside the illuminated area or no
       more than 10 feet away from the outside edge of the illuminated area.

F.     Lighting of Outdoor Performance or Sports. Outdoor nighttime
       performance events (concerts, athletic contests, rodeo events, etc.) have
       unique lighting needs. Illumination levels vary, depending on the nature of
       the event. The following regulation are intended to allow adequate lighting
       for such events while minimizing sky glow, reducing glare and unwanted
       illumination of surrounding streets and properties, and reducing energy
       consumption.

       1. Design Plan. A lighting design plan shall be submitted that shows in
       detail the proposed lighting installation. The design plan shall describe the
       lighting requirements of various areas and how those requirements will be
       met.

       2. Dual System. The main lighting of the event (spotlighting or
       floodlighting, etc.) should be turned off no more than 45 minutes after the
       end of an event. A low level lighting system should be installed to assist
       patrons leaving the facility and facilitate cleanup, nighttime maintenance,
       etc. The low level lighting system should provide an average horizontal
       illumination level, at grade level, of no more than three foot-candles with a
       uniformity ratio not exceeding 4:1.

       3. Primary Playing Areas. Where playing fields or other special areas are
       to be illuminated, lighting fixtures shall be specified, mounted, and aimed
       so that their beams fall within the primary playing area and immediate
       surroundings, and so that no direct illumination is directed off the site.

       4. Parking Areas. Lighting for parking areas shall meet the requirements in
       subsection E.

       5. Pedestrian Areas. Areas intended solely for pedestrian circulation
       should be provided with a minimum level of illumination of no less than 0.1
       foot-candles and no more than 0.2 foot-candles. The uniformity ratio
       should not exceed 4:1.


RCC Title 11                            141                       Effective July 22, 2009
Land Development Code                                                 Ordinance No. 836
G.     Lighting of Building Facades and Landscaping. With the exception of
       structures having exceptional symbolic (i.e., churches and/or public
       buildings) or historic significance in the community, illumination of exterior
       building facades is discouraged. When buildings are to be illuminated, a
       design for the illumination shall be approved by the hearing examiner or
       city planner and the following provisions shall be met:

       1. The maximum illumination on any vertical surface or angular roof
       surface shall not exceed 5 foot-candles.

       2. Lighting fixtures shall be carefully located, aimed, and shielded so that
       light is directed only onto the building facade. Lighting fixtures shall not be
       directed toward adjacent streets or roads.

       3. Lighting fixtures mounted on the building and designed to “wash” the
       facade with light are preferred.

       4. To the extent practicable, lighting fixtures shall be directed downward
       (i.e., below the horizontal) rather than upward.

       5. When landscaping is to be illuminated, the hearing examiner or city
       planner shall first approve a landscape lighting plan that presents the
       purpose and objective of the lighting, shows the location of all lighting
       fixtures and what landscaping each is to illuminate, and demonstrates that
       the installation will not generate excessive light levels, cause glare, or
       direct light beyond the landscaping into the night sky.

11-22-19       Drive-through and drive-up facilities:

A.     Purpose. The purpose of this section is to recognize that drive-through
       and drive-up uses may be appropriate at some locations; provided that
       such uses are located in consideration of adjacent land uses, traffic
       patterns, aesthetics compatibility, vehicular/pedestrian conflicts, noise,
       light and glare, odor and emissions, and litter.

B.     Where Permitted. Drive-through and drive-up uses are permitted as a
       conditional use in the C or MU zones subject to the standards in this
       section and approval of a conditional use permit or planned development,
       as applicable.

C.     Exemptions. Uses regulated by this section include any use that utilizes a
       drive-through or drive-up as part of its service to customers. Examples
       include, but are not limited to, automobile services, restaurants including
       espresso stands, financial institutions, retail and service uses and drop
       boxes. The following uses are exempt from this section:

RCC Title 11                             142                       Effective July 22, 2009
Land Development Code                                                  Ordinance No. 836
       1. Delivery and loading spaces required pursuant to chapter 11-23.

       2. Drop boxes, including library, bank and video drop boxes.

       3. Hotel porticos and valet parking services.

D.     Standards. Drive-through and drive-up facilities shall comply with the
       following standards; except that where drive-through and drive-up uses
       are nonconforming, these standards shall apply to all major improvements
       or major redevelopments.

       1. Traffic and Circulation.

              a. Except at entry and exit points, drive-through stacking lanes shall
       be separated physically by a wall, raised curb or landscape planter from
       the parking lot, and shall comply with the following capacity standards:

        Use                          Length of Stacking Lane(s)
        Bank/Retail                  3 – 6 cars, depending upon volume
        Restaurants                  8 – 12 cars, depending upon volume
        Automobile Service, Other    Determined on an           individual      basis,
                                     depending on volume

              b. The entrance and exit from a drive-through lane, or designated
       drive-up parking spaces, shall be internal to the site and not a separate
       entrance/exit to or from the street.

              c. The drive-through stacking lane shall be situated so that any
       overflow from the stacking lane shall not spill out onto public streets or
       major circulation aisles of any parking lot.

              d. Drive-through lanes and drive-up spaces shall be located in the
       rear or side yards and shall not be placed between a street and the
       building. See Diagram 1.

              e. Reserved parking spaces for drive-through orders may be
       required.

             f. Vehicle conflicts with pedestrians and bicycles shall be
       minimized.

       2. Landscaping and Screening.


RCC Title 11                            143                       Effective July 22, 2009
Land Development Code                                                 Ordinance No. 836
              a. Drive-through windows, menu boards, stacking lanes, drop-offs,
       and drive-up spaces shall be located to minimize impacts to adjacent
       properties and screened from the public right-of-way to the maximum
       extent possible. At a minimum, a berm or wall and Level III landscaping
       shall be required.

              b. The drive-through, drop-off or drive-up facility shall be buffered
       and visually screened from residential development with a wall and Level I
       landscaping, or by other equivalent natural or constructed barriers, such
       as other commercial development.

       3. Architecture. Drive-through elements shall be architecturally integrated
       into building design and not appear to be applied or stuck on to the
       building.

       4. Noise.

             a. The project applicant shall provide the plans and specifications
       for any potential noise sources, such as intercom system, trash
       compactor, etc. Plans shall include measures to mitigate any potential
       adverse impact from such noise sources.

             b. Speakers at drive-through facilities shall not be audible to
       adjacent residential uses or disturbing to adjacent nonresidential uses.
       Sound attenuation walls or other mitigation measures shall be required as
       necessary to ensure compliance with this provision.

              c. Speaker boxes of any point-to-point intercom system shall be
       oriented away from residential development and other sensitive receptors
       located in the general area of the drive-through facility.

              d. Outdoor maintenance and cleaning activities shall be limited if
       determined necessary by the city to achieve compatibility with surrounding
       land uses.

              e. The on-site manager shall not permit any loud music, noise or
       other sounds by means of radio, or other broadcasting apparatus or
       device, and shall not permit fighting, quarreling, loitering, or loud noise or
       other nuisance that disturbs the quiet and peace of the premises or the
       neighborhood.

               f. Hours of operation shall be limited as determined necessary by
       the city to achieve compatibility with surrounding land uses.

        5. Emission Control. Drive-through and drop-off lanes and drive-up spaces
        shall not be located adjacent to plazas and other pedestrian use areas,
RCC Title 11                            144                      Effective July 22, 2009
Land Development Code                                                   Ordinance No. 836
       other than walkways, and are discouraged adjacent to non-residential
       buildings within 30 feet of the proposed lane. Drive-through stacking
       lanes shall not be located within 50 feet of any residential uses.

       6. Light and Glare. All lighting fixtures shall be designed, installed and
       maintained so as to direct light only onto the subject property.

       7. Maintenance. The site shall be maintained in a litter-free condition and
       no undesirable odors shall be generated on the site. The on-site manager
       shall make all reasonable efforts to see that the trash or litter originating
       from the use is not deposited on adjacent properties. Trash enclosures
       and bins shall be enclosed on all sides to suppress odors and prevent
       spillage of materials. Graffiti shall be removed within 48 hours.

E.     Additional Conditions. The standards in this section constitute the
       minimum deemed necessary under general circumstances and in most
       cases to prevent adverse effects from drive-through facilities. The city may
       impose additional conditions of approval to ensure that such uses are
       consistent with the comprehensive plan and will satisfy the findings
       required for the granting of a conditional use permit or planned
       development, as required.

F.     Continuation of Use. If any nonconforming drive-through or drive-up facility
       is discontinued for a period of 12 months or longer, a new drive-through
       facility at the same location shall comply with these standards. A
       nonconforming drive-through lane or drive-up may relocate to a more
       conforming location consistent with this section.




RCC Title 11                            145                       Effective July 22, 2009
Land Development Code                                                 Ordinance No. 836
RCC Title 11            146   Effective July 22, 2009
Land Development Code             Ordinance No. 836
11-22-20       Floor Area Ratio (FAR) Standards:

A.     The intent of FAR standards is to ensure the size of new homes in small
       lot and cottage developments will be scaled proportionally to the size of
       the lots on which they are situated so that new infill development will be
       generally consistent in scale and proportion with previously constructed
       homes and neighborhoods in the city. FAR standards should be used in
       conjunction with other bulk requirements and design standards and
       guidelines to be effective in achieving this intent.

B.     FAR is the ratio of the total floor area of buildings on a site to the size of
       the land at that location. FAR is the total building square footage divided
       by the total site area square footage, except as noted below.

C.     Floor area for purposes of calculating FAR and maximum floor area does
       not include the following:

       1. Attic floor area with less than five feet of ceiling height, as measured
       between the finished floor and the supporting members for the roof, and
       attics with structural roof trusses and usable attic space that is completely
       contained within the roof area (excluding dormers)

       2. Basement floor area with a ceiling height less than four feet above the
       average finished grade, as defined in section 11-13-3. Ceiling height will
       be measured to the top of the structural members of the floor above.

       3. The first 600 square feet of detached accessory building floor area on a
       lot.

       4. Uncovered and covered decks, porches, and walkways.

D.     Floor area with a ceiling height greater than 16 feet shall be calculated at
       twice the actual floor area toward allowable FAR.

E.     FAR is calculated using a site’s buildable area, including private street
       area, and excluding critical areas and their required associated buffers.

F.     FAR shall not exceed the standards established for small lot                               Formatted: Justified, Indent: Left: 0",
                                                                                                  Hanging: 0.5"
       developments in chapter 19.27.
                                                                                                  Formatted: Font: (Default) Arial, English
                                                                                                  (United States)
11-22-21        Siting of Essential Public Facilities: The purpose of this section
is to establish and describe the city’s process for identifying and siting essential
public facilities. Essential public facilities include but are not limited to those
facilities that are difficult to site, such as airports, state educational facilities, state
and regional transportation facilities, state and local correctional facilities, solid
waste handling facilities and in-patient facilities (including substance abuse,
RCC Title 11                                 147                        Effective July 22, 2009
Land Development Code                                                         Ordinance No. 836
mental health and group home facilities). The Growth Management Act
mandates that no local development regulation may preclude the siting of
essential public facilities.

A.     Identification. The city recognizes the list of essential state public facilities,
       which is maintained and updated by the state Office of Financial
       Management. The city planner is authorized to determine if any additional
       proposed use within the city is an essential public facility.

B.     Siting. If an essential public facility is listed as either a permitted or
       conditional use within a zoning district, the use is restricted to those
       zoning districts. If an essential public facility is not expressly listed as
       either a permitted or conditional use within a zoning district, then the use
       shall be restricted to the Commercial and Light Industrial zoning districts.
       Essential public facilities that are not expressly listed within a zoning
       district are subject to a conditional use permit. All essential public facilities
       requiring a conditional use permit shall be subject to the additional
       requirements below:

       1. The federal, state, regional or local agency (applicant) shall provide a
       justifiable need for the public facility and for its location within Roy.

       2. The applicant shall provide a site selection analysis consisting of at
       least three proposed sites, one of which must be located outside of the
       Roy city limits. The applicant shall identify the reasons for the proposed
       site being more desirable than the other two identified sites.

       3. Based on the potential impact to the health, safety, morals and general
       welfare of the citizens of Roy, the hearing examiner may require a
       proposed facility to be located a sufficient distance from any residential
       district, residential use, park, children’s school or day-care facility to
       mitigate the impact.

       4. The applicant shall provide a list and description of other similar
       facilities within Pierce County. At a minimum, each such description shall
       include the address, contact person, telephone number, size, scope and
       resident population (if any) of the other similar facilities. The hearing
       examiner may consider the fair distribution of similar essential public
       capital facilities within Pierce County. Fair distribution shall be based on a
       per capita analysis of Pierce County jurisdictions. If Roy is presently
       exceeding its fair share of such a facility, the hearing examiner may deny
       the request if the rationale for selecting Roy over another location is not a
       compelling one.



RCC Title 11                              148                         Effective July 22, 2009
Land Development Code                                                     Ordinance No. 836
11-22-22       Nonconforming Lots, Uses and Structures:

A.     Applicability. The provisions of this section shall apply to buildings, land,
       and uses which become nonconforming as a result of the application of
       this title to them, or from classification or reclassification of the property
       under this title, or any subsequent amendments thereto.

B.     Continuing Existing Uses. Any lawful use of land and/or building or
       structure existing or under construction, or for which a building or use
       permit has been granted, and was still in force at the time this title became
       effective, may be continued, although such use does not conform to the
       provisions of the zone in which it is located, subject to the provisions of
       this section.

C.     Alterations and Enlargements.

       1. A nonconforming use may be extended throughout an existing building
       or structure. The alteration or enlargement shall be authorized only by an
       administrative use permit processed in accordance with chapter 11-33.

       2. Unless otherwise specifically provided in this title, nonconforming
       buildings may not be enlarged or structurally altered, unless the
       enlargement or structural alteration makes the building more conforming
       or is required by law. However, where a building or buildings and
       customary accessory buildings are nonconforming only by reason of
       substandard yards or open spaces, the provisions of this title prohibiting
       structural alterations or enlargements of an existing building shall not
       apply; provided, that such alterations or enlargements do not increase the
       degree of nonconformity of yards or open spaces. Any enlargements or
       new buildings and structures shall observe the yard and open spaces
       required on the lot by this title.

       3. Structural alterations or enlargements may be permitted if necessary to
       adapt a nonconforming building or buildings to new technologies or
       equipment pertaining to the uses housed in the building or buildings, or to
       improve the appearance, functionality, or safety of the building or
       buildings, in a manner which will bring them into greater conformity with
       the surrounding area. The alterations or enlargements shall be authorized
       only by an administrative use permit processed in accordance with
       chapter 11-33.

       4. Normal upkeep, repairing and maintenance of nonconforming buildings
       are permitted; provided such activities shall not increase the
       nonconformity of the building or buildings.


RCC Title 11                             149                         Effective July 22, 2009
Land Development Code                                                    Ordinance No. 836
       5. Except as otherwise provided in this title, no nonconforming use shall
       be enlarged or increased, nor shall any such nonconforming use be
       extended to occupy a greater area of land than that occupied by such use
       at the time this title becomes effective, nor shall any such nonconforming
       use be moved, in whole or in part, to any other portion of the lot or parcel
       of land occupied by the nonconforming use at the time of the adoption
       hereof.

D.     Reconstruction. Any nonconforming building or structure which has been
       damaged by fire, earthquake, flood, wind or other disaster may be rebuilt
       for the same nonconforming use only, but the restoring of any such
       nonconforming building shall not serve to extend or increase the
       nonconformance of the original building or use.

E.     Abandonment. If any nonconforming use of land and/or building or
       structure is abandoned and/or ceases for any reason whatsoever,
       including destruction of the building, for a period of one year or more, any
       future use of such land and/or building or structure shall be in conformity
       to the regulations of the zoning district in which it is located, as specified
       by this title. The city planner may extend the one year deadline if the
       property owner can show just cause for granting an extension.

F.     Change of use. Any nonconforming use of land and/or buildings or
       structures shall not be changed to any other use, unless the proposed use
       is one that is permitted in the zoning district in which the nonconforming
       use is located. However, the city may authorize a new nonconforming use
       that is no less conforming than the existing use if an administrative use
       permit is granted before the requested use commences.

G.     Change of Ownership. Change of ownership, tenancy or management of
       a nonconforming use shall not affect its legal, nonconforming status.

H.     Annexation Resulting in Nonconformity. Any lawfully existing use of land
       or building or structure located in an unincorporated area which, through
       annexation, becomes nonconforming, shall be deemed a legal,
       nonconforming use, building or structure.




RCC Title 11                             150                        Effective July 22, 2009
Land Development Code                                                   Ordinance No. 836
CHAPTER 11-23 PARKING AND CIRCULATION

SECTION:
11-23-1        Purpose
11-23-2        Chapter application
11-23-3        Parking space requirements per activity
11-23-4        Parking demand reduction credit
11-23-5        Shared parking facilities
11-23-6        Maximum parking space provisions
11-23-7        Location of off-street spaces
11-23-8        Parking and driveway design standards
11-23-9        Barrier free parking requirements
11-23-10       Bicycle parking facilities
11-23-11       Loading space requirements
11-23-12       Pedestrian circulation and access

11-23-1        Purpose: The purpose of this chapter is to provide for adequate,
convenient and safe off-street parking, loading and circulation areas for the
permitted land uses described in this title; to protect neighborhoods from the
effects of vehicular noise, traffic, and light and glare associated with parking and
loading facilities; to reduce the amount of impervious surfaces associated with
parking facilities; to reduce demand for parking by encouraging alternative
means of transportation including public transit, rideshare and bicycles; and to
increase pedestrian mobility within the community.

11-23-2      Chapter application: New development, alteration to or an
expansion of an existing development, and a change in use of a structure or lot,
shall comply with the applicable requirements of this chapter.

A.     New Construction. Parking, loading and circulation shall be provided in
       accordance with this chapter for all new construction and lot development.

B.     Existing Development or Use. Parking, loading and circulation area
       requirements for alteration or expansion of existing developments or for a
       change or increase in intensity of use shall be in accordance with the
       following:

       1. If the alteration, expansion or increase in intensity would require the
       addition of 20 percent or 5 or more additional off-street parking spaces,
       then the entire parking, loading and circulation area must be brought into
       conformance with this chapter.

       2. If the alteration, expansion or increase in intensity would require the
       addition of less than 20 percent or 5 parking spaces, then only the

RCC Title 11                            151                       Effective July 22, 2009
Land Development Code                                                 Ordinance No. 836
       additional area devoted to parking, loading and circulation must conform
       to this chapter.

11-23-3        Parking space requirements per activity: The following tables
identify the minimum number of parking spaces required to be provided for each
activity unless a reduction is authorized in accordance with this chapter. The city
planner or hearing examiner, as specified in this chapter, shall determine the
actual required spaces for a proposed activity based on the tables below, the
requirements of this chapter and on actual field experience. If the formula for
determining the number of off-street parking spaces results in a fraction, the
number of spaces shall be rounded to the nearest whole number with fractions of
greater than or equal to 1/2 rounding up and fractions less than 1/2 rounding
down. In the following tables, s.f. = square feet of gross floor area, and du =
dwelling unit, unless otherwise noted.

A.     Residential and Lodging Activities:


Use                                      Required Spaces
Single-family                            2 per du.
Duplex and townhouse                     2 per du.
Multi-family                             1.5 per du with bedrooms. 1 per
                                         studio du.
Congregate care facility                 .5 per du.
Group residences, including hospice care .5 per bedroom
center, residential care facility, and
residential treatment facility
Accessory dwelling unit (ADU)            None, unless additional spaces are
                                         determined to be necessary – see
                                         section 11-22-12(C)(9).
Home occupation – Type II                To be determined during processing
                                         of CUP application
Bed and breakfast establishment          1 per guest room, + 1 per facility,
                                         unless a lower number is determined
                                         to be adequate during processing of
                                         CUP application.
Hotel/motel                              1 per guest room + 2 per 3
                                         employees.




RCC Title 11                           152                       Effective July 22, 2009
Land Development Code                                                Ordinance No. 836
B.     Commercial Activities:

        Use                                      Required Spaces
        Financial institution, including bank,   1 per 300 s.f.
        savings and loan, and credit union
        Office                                   1 per 300 s.f.
        Laboratory, including medical, dental    1 per 300 s.f.
        and optical
        Food serving establishment               1 per 100 s.f. of dining/lounge
                                                 area.
        High intensity retail or service shop.   1 per 300 s.f.
        See section 11-23-3(H) for
        examples.
        Low intensity retail or service shop.    1 per 500 s.f.
        See section 11-23-3(H) for
        examples.
        Shopping center or mixed use center      1 per 350 s.f. to 1 per 450 s.f.
        that includes a mix of high and low      depending on mix of high to low
        intensity retail or service shops        intensity.
        Bulk retail sales/wholesale sales        1 per 350 s.f.
        Uncovered commercial area,               1 per 5,000 s.f. of retail sales +
        including vehicle lots and plant         parking requirements for buildings.
        nursery
        Motor vehicle repair and services        1 per 400 s.f. (indoor maintenance
                                                 bays shall not be considered
                                                 parking spaces).
        Child day care                           2 per facility + 1 per 20 children.
        Veterinary clinic                        1 per 300 s.f.
        Mortuary or funeral home                 1 per 100 s.f. of floor area used for
                                                 services.

C.     Educational Activities:

        Use                               Required Spaces
        Elementary, middle or junior high 1 per classroom + 1 per 50
        school                            students.
        High school                       1 per classroom + 1 per 10
                                          students.
        Vocational school                 1 per classroom + 1 per 5 students
        Preschool                         1 per 6 children.




RCC Title 11                            153                        Effective July 22, 2009
Land Development Code                                                  Ordinance No. 836
D.     Industrial Activities:

        Use                                    Required Spaces
        Manufacturing                          1 per 1,000 s.f. (less office and
                                               display space) + 1 per 300 s.f. of
                                               office space + 1 per 500 s.f. of
                                               display space.
        Technological or biotechnological      1 per 1,000 s.f. (less office space)
        laboratory or testing facility         + 1 per 300 s.f. of office space.
        Warehouse, storage or distribution     1 per 1,000 s.f. for the 1st 20,000
        facility                               s.f., 1 per 2,000 s.f. for the 2nd
                                               20,000 s.f., 1 per 4,000 s.f. for
                                               areas in excess of the initial
                                               40,000 s.f., less office space. 1
                                               per 300 s.f. of office space.
        Speculative industrial building with   1 per 1,500 s.f. for initial 100,000
        multiple use or tenant potential.      s.f. + 1 per 2,000 s.f. for remainder
                                               of building (less office space). 1
        NOTE: For each new use or tenant       per 300 s.f. of office space.
        the property owner shall submit a
        scaled parking plan indicating the     NOTE: This is a minimum
        assigned parking for the applicable    requirement valid for construction
        building.                              purposes only. Parking
                                               requirements shall be based upon
                                               actual occupancy.
        Uncovered storage area                 1 per 5,000 s.f. of storage area


E.     Recreational, Amusement and Assembly Activities:

        Use                                  Required Spaces
        Auditorium, theater, place of public 1 per 4 fixed seats or 1 per 175 s.f.
        assembly, stadium or outdoor sports of main auditorium or of principal
        arena                                place of assembly not containing
                                             fixed seats + 1 per 300 s.f. of
                                             office.
        Bowling alley                        4 per lane.
        Skating rink                         1 per 200 s.f.
        Golf course                          4 per hole, plus as required for
                                             associated uses including
                                             clubhouse, pro shop and
                                             maintenance facility.
        Golf driving range                   1 per driving station.
        Miniature golf course                1 per hole.
        Health club, dance studio            1 per 300 s.f.
RCC Title 11                            154                      Effective July 22, 2009
Land Development Code                                                Ordinance No. 836
RCC Title 11            155   Effective July 22, 2009
Land Development Code             Ordinance No. 836
F.     Public, Institutional, Medical and Religious Activities:

        Use                                Required Spaces
        Government facility                1 per 300 s.f. of office space; 1 per
                                           1000 s.f. of indoor storage or
                                           repair area associated with public
                                           agency yard. Other use areas
                                           shall be calculated based on the
                                           above requirements and if
                                           applicable, the shared parking
                                           facilities provisions in section 11-
                                           23-5.
        Library, museum, and gallery       1 per 500 s.f.
        Civic, labor, social and fraternal 1 per 300 s.f.
        organization
        Convalescent, nursing or rest home 1 per 3 beds + .5 per employee
        Religious institution              1 per 8 seats in the main sanctuary
                                           including balconies and choir lofts.
                                           Other use areas shall be
                                           calculated based on the above
                                           requirements and if applicable, the
                                           shared parking facilities provisions
                                           in section 11-23-5.

G.     Other Uses. For uses not specifically identified in this chapter, the amount
       of parking required shall be based on the requirements for similar uses as
       determined by the city planner or hearing examiner, as appropriate.

H.     Retail Sales and Service Uses. For the purpose of determining the
       parking requirement for retail sales and service uses, the following
       distinctions are made:

       1. High intensity retail sales and service use include, but are not limited to:
       barber/beauty shop, laundromat, mini-mart, drug store, service (fuel)
       station with retail sales, and supermarket.

       2. Low intensity retail sales and service use include, but are not limited to:
       antique store, appliance sales, auto sales (building only), equipment repair
       shop, furniture store, hardware store, photography sales and shoe repair.

I.     Speculative Use. When the city has received an application for a site plan
       approval or other permits for a building shell without tenant uses being
       specified, off-street parking requirements shall be based on the possible
       tenant improvements or uses authorized by the zone designation and
       compatible with the limitations of the site plan or other permit. When the
RCC Title 11                             156                       Effective July 22, 2009
Land Development Code                                                  Ordinance No. 836
       range of possible uses results in different parking requirements, the city
       planner or hearing examiner, as appropriate, will establish the amount of
       parking based on a likely range of uses.

J.     Joint Use. In the case of two or more uses in the same building or on the
       same lot, the total requirements for off-street parking facilities shall be the
       sum of the requirements for the various uses computed separately, except
       for shopping centers or mixed use centers constructed subsequent to the
       adoption of this chapter. Off-street parking facilities for one use shall not
       be considered as providing required parking facilities for any other use.
       The city planner or hearing examiner, as appropriate, shall be responsible
       for determining the various uses within a building or on a lot and the
       resulting parking requirements for each use.

11-23-4       Parking demand reduction credit: A property owner may request
a reduction from the minimum required off-street parking by substantiating that
parking demand will be reduced for the life of the project. This request shall be
reviewed in conjunction with a site plan, conditional use permit, or preliminary
development plan application. In such cases, the hearing examiner may approve
a reduction of up to 50 percent of the minimum required number of spaces if a
parking demand study prepared by a professional traffic engineer substantiates
that:

A.     Because of the unique nature of the use, the characteristics of the site and
       surrounding neighborhood, the availability of alternative means of
       transportation, or other relevant local factors, parking demand can be met
       with a reduced number of spaces; or

B.     A shared parking facility designed in accordance with section 11-23-5 will
       effectively reduce parking demand to a level below the minimum required
       parking; or

C.     A combined parking facility for two or more complementary uses that have
       similar hours of operation will reduce parking demand to a level below the
       minimum required parking. The hearing examiner may authorize a 5
       percent reduction for two complementary uses, a 10 percent reduction for
       three uses, and a 15 percent reduction for four or more uses; or

D.     An employee-sponsored commute trip reduction program designed in
       accordance with state law will effectively reduce parking demand below
       the minimum required parking.

11-23-5      Shared parking facilities: A property owner may submit a request
for a shared parking facility as part of a site plan, conditional use permit, or
preliminary development plan application. In such case, the hearing examiner

RCC Title 11                             157                       Effective July 22, 2009
Land Development Code                                                  Ordinance No. 836
may reduce the number of required off-street parking spaces when shared
parking facilities for two or more uses are proposed, provided:
A.    The total parking area exceeds 5,000 square feet;

B.     The parking facilities are designed and developed as a single on-site
       common parking facility, or as a system of on-site and off-site facilities, if
       all parking facilities are connected with improved pedestrian walkways,
       and no building or use involved is more that 600 feet from the most remote
       shared facility unless transportation is provided between the parking
       generator and parking facility;

C.     The amount of the reduction shall not exceed 10 percent for each use,
       unless:

       1. The normal hours of operation for each use are separated by at least
       one hour; or

       2. A parking demand study prepared by a professional traffic engineer
       documents that the hours of actual parking demand for the proposed uses
       will not conflict and that uses will be served by adequate parking if shared
       parking reductions are authorized;

D.     The total number of parking spaces in the common parking facility is not
       less that the minimum required spaces for any single use;

E.     A covenant or other contract for shared parking between the cooperating
       property owners is approved by the hearing examiner and city attorney.
       This covenant or other contract must be recorded with the Pierce County
       auditor as a deed restriction on both properties and cannot be modified or
       revoked without the consent of the hearing examiner and city attorney;
       and

F.     If any requirements for shared parking are violated, the affected property
       owners must provide a remedy satisfactory to the hearing examiner and
       city attorney or provide the full amount of required off-street parking for
       each use, in accordance with the requirements of this chapter.

11-23-6       Maximum parking space provisions: For multi-family residential,
commercial and industrial uses, the number of off-street parking spaces provided
shall not exceed 125 percent of the minimum required number of spaces
specified in section 11-23-3. A property owner may submit a request as part of a
site plan, conditional use permit, or preliminary development plan application to
provide parking spaces in excess of the maximum allowable number. The
hearing examiner may approve an increase of up to 40 percent of the minimum
required number of spaces if:

RCC Title 11                            158                        Effective July 22, 2009
Land Development Code                                                  Ordinance No. 836
A.     A parking demand study prepared by a professional traffic engineer
       supports the need for increased parking and demonstrates that:
       1. Shared and combined parking opportunities in section 11-23-5 have
       been fully explored and will be utilized to the extent practicable;

       2. On-site park and ride facilities have been fully explored and will be
       provided to the extent practicable;

       3. Commute trip reduction measures will be implemented, if required by
       state law, to the extent practicable.

B.     The project has been designed to include the following design elements,
       facilities and programs to the satisfaction of the hearing examiner. In those
       instances where site constraints impede compliance with the design
       requirements, written findings of fact shall be made identifying site and
       project constraints and included in the final notice of decision. In its
       findings, the hearing examiner shall determine if a good faith effort has
       been made in building and site design in order to accommodate the
       following design elements, facilities and programs.

       1. The excess parking spaces shall be located within an enclosed parking
       structure or constructed of a permeable surface such as interlocking
       pavers, grasscrete or other pervious pavement that minimizes impervious
       surface and achieves a superior appearance when compared with a large
       expanse of asphalt or concrete paving.

       2. Alternative parking lot designs shall be utilized in order to reduce
       impervious surface, e.g., one-way instead of two-way access aisles.

       3. The amount of required landscaping within the area of additional
       parking shall be doubled. This additional landscape area may be
       dispersed throughout the parking lot.

       4. A minimum of 75 percent of the parking spaces shall be located behind
       the building, and the remainder shall not be located within the minimum
       and maximum yard setback areas adjoining a street. Parking lots located
       along flanking streets shall have added landscape and a superior design
       to strengthen pedestrian qualities; e.g., low walls, street furniture, seating
       areas, public art, etc.

       5. Preferential parking shall be located near primary building entrances for
       employees who rideshare and for high occupancy vehicles, if applicable.

       6. The developer shall create a transit/rideshare information center and
       place it in a conspicuous location on the premises.

RCC Title 11                            159                        Effective July 22, 2009
Land Development Code                                                  Ordinance No. 836
11-23-7        Location of off-street spaces:

A.     For single-family and duplex dwellings, the parking spaces shall be
       located on the same lot as the associated dwelling unit unless the
       dwellings are located within a small lot development that utilizes shared
       parking facilities.

B.     For multi-family dwellings, the parking spaces shall be located on the
       same lot as associated dwelling units. The spaces may also be located on
       a contiguous lot if within 300 feet of the dwelling units and if the lot is
       legally encumbered by an easement or other appropriate means approved
       by the city planner and city attorney to ensure continuous use of the
       parking facilities.

C.     For nonresidential uses, the parking spaces shall be located on the same
       lot as the associated use. The spaces may also be located on a
       contiguous or noncontiguous lot if within 300 hundred feet of the
       associated use and authorized as a shared parking facility in accordance
       with section 11-23-5.

11-23-8        Parking and driveway design standards:

A.     Parking space and driveway/aisle dimensions. The minimum parking
       space and aisle dimensions for the most common parking angles are
       shown in the accompanying table. For parking angles other than those
       shown on the table, the minimum parking space and aisle dimensions
       shall be determined by the city planner or hearing examiner, as
       appropriate. Regardless of the parking angle, one-way aisles shall be at
       least 12 feet wide, and two-way aisles shall be at least 19 feet wide.


               Minimum Space and Driveway/Aisle Dimensions
                                   Space Angle (degrees)
                                   0° (parallel) 30°     45°        60°         90°
        Space Width (ft)
         Regular space          8.5               8.5      8.5      8.5         8.5
         Compact space          8                 8        8        8           8
        Space Depth (ft)
         Regular space          22                18       18       18          18
         Compact space          19                15       15       15          15
        Driveway/Aisle (ft)
         One-way                12                13     14      18      22
         Two-way                19                20     20      22      22
        * See section 11-23-9 for information     on accessible parking space
           dimensions.
RCC Title 11                           160                       Effective July 22, 2009
Land Development Code                                                Ordinance No. 836
RCC Title 11            161   Effective July 22, 2009
Land Development Code             Ordinance No. 836
B.     Compact Car Space Requirements. The installation of compact spaces is
       required so that impervious surface coverage associated with parking
       facilities is minimized and the appearance of sites is enhanced by
       increasing the proportion of landscaping relative to pavement. No less
       than 25 percent and no more than 50 percent of the total number of
       spaces provided for a multi-family residential or nonresidential
       development shall be sized to accommodate compact cars. Each space
       shall be clearly identified as a compact car space by painting the word
       “COMPACT” in capital letters, a minimum of 8 inches high, on the
       pavement at the base of the parking space and centered between the
       striping. Aisle widths shall conform to the standards set for standard size
       cars.

C.     Extra Width Adjoining Landscaped Areas. Parking spaces abutting a
       landscaped area or raised walkway on the drive or passenger side of the
       vehicle shall provide an additional 18 inches above the minimum space
       width requirement. This additional space will allow for easier ingress and
       egress next to a vehicle and protect nearby landscaping. The additional
       width shall be separated from the adjacent landscaped area by a parking
       space division stripe.

D.     Driveway Widths and Locations. Driveways for single-family dwellings
       shall not exceed 20 feet in width in a required front yard or corner side
       yard unless the city planner approves an alternative design that uses a
       permeable surface such as interlocking pavers, grasscrete or other
       pervious pavement that minimizes impervious surface. In no case shall the
       driveway exceed 20 feet within the public right-of-way or exceed the
       minimum width necessary to provide reasonable access to the dwelling.
       Generally, no more than one driveway is permitted to provide access to a
       single-family detached dwelling. Driveways for all other developments may
       cross required setbacks or landscaped areas in order to provide access
       between the off-street parking areas and the street; provided, that
       driveway width does not exceed the minimum necessary to provide safe
       vehicular and pedestrian circulation. Driveways oriented parallel to a street
       shall not be located within the minimum and maximum yard setback areas
       adjoining the street, unless there is no other practicable alternative to
       provide access to the interior of a site.

E.     Lighting. Lighting shall be provided in accordance with section 11-22-18.

F.     Tandem Parking. Tandem or end-to-end parking is allowed in single-family
       detached residential developments. Duplex and multi-family developments
       may have tandem parking areas for each dwelling unit but shall not
       combine parking for separate dwelling units in tandem parking areas.


RCC Title 11                            162                       Effective July 22, 2009
Land Development Code                                                 Ordinance No. 836
     G.      Parking Surface. All required vehicle parking and storage must be in a
             garage, carport or on an approved, dust-free all-weather surface. Use of a
             permeable surface such as interlocking pavers, grasscrete or other
             pervious pavement that minimizes impervious surface is encouraged for
             spaces that are used infrequently. Any surface used for vehicle parking or
             storage must have direct and unobstructed driveway access.

     11-23-9      Barrier free parking requirements: Off-street parking for
     physically handicapped persons shall be provided in accordance with Section
     7503 of the regulations adopted pursuant to Chapter 19.27 RCW, State Building
     Code, and Chapter 70.92 RCW, Public Buildings – Provisions for Aged and
     Handicapped. Any change in the state’s handicapped parking requirements shall
     preempt the affected requirements of this section.

     A.      Accessible Parking Required.          Accessible parking spaces shall be
             provided per the following table:

                             Number of Accessible Parking Spaces

              Total Parking Spaces in Minimum       Required     Number       of
              Lot or Garage           Accessible Spaces
              1-25                    1
              26-50                   2
              51-75                   3
              76-100                  4
              101-150                 5
              151-200                 6
              201-300                 7
              301-400                 8
              401-500                 9
              501-1,000               2% of total spaces
              Over 1,000              20 spaces plus 1 space every 100
                                      spaces, or fraction thereof, over 1,000

          One of every 8 accessible spaces or fraction thereof shall be designed to be
          accessible to wheelchair side loading vans.
B.        In exception to the requirements specified in the preceding table, the following
          number of accessible spaces shall be provided:
             1. Inpatient Medical Facilities: 20 percent of parking spaces provided.

             2. Outpatient Medical Care Facilities: 10 percent of parking spaces
             provided.



     RCC Title 11                                163                    Effective July 22, 2009
     Land Development Code                                                  Ordinance No. 836
       3. Multi-family Buildings: One accessible parking space for each fully
       accessible unit. When total parking provided on-site exceeds one parking
       space per unit, 2 percent of the additional parking shall be accessible.

C.     Design and Construction.

       1. Location. Accessible parking spaces shall be located on the shortest
       possible accessible route of travel to an accessible building entry. In
       facilities with multiple accessible building entries with adjacent parking,
       accessible parking spaces shall be dispersed and located near the
       accessible entrances. Wherever practical, the accessible route of travel
       shall not cross lanes of vehicular traffic. Where crossing traffic lanes is
       necessary, the route of travel shall be designated and marked as a
       crosswalk.

       2. Size. Accessible parking spaces shall be no less than 8 feet wide and
       shall have an adjacent access aisle no less than 5 feet wide. Where two
       adjacent accessible spaces are provided, the access aisle may be shared
       between the two spaces. Access aisles shall be marked so that the aisles
       will not be used as parking space. Van accessible spaces shall have an
       adjacent access aisle no less than 8 feet wide or a total width of 16 feet
       including the parking space. See Figure 1.




                                         Figure 1
RCC Title 11                           164                      Effective July 22, 2009
Land Development Code                                               Ordinance No. 836
       3. Vertical Clearance. Where accessible parking spaces are required for
       vans, the vertical clearance shall be no less than 9½ feet.

       4. Slope. Accessible parking spaces and access aisles shall be located
       on a surface with a slope not to exceed one vertical in 48 horizontal.

       5. Surface. Parking spaces and access aisles shall be firm, stable,
       smooth and slip resistant.

       6. Signs. Every parking space required by this section shall be identified
       by a sign, centered between 3 and 5 feet above the parking surface, at the
       head of the parking space. The sign shall include the International
       Symbol of Access and the phrase “State Disabled Parking Permit
       Required.

11-23-10       Bicycle parking facilities:

A.     In any development required to provide 12 or more parking spaces,
       bicycle parking shall be provided. Bicycle parking shall be bike rack or
       locker-type parking facilities unless otherwise specified.

B.     Off-street parking areas shall contain at least one bicycle parking space
       for every 12 spaces required for motor vehicles except as follows:

       1. The hearing examiner may reduce bike rack or locker-type parking
       facilities for patrons when it is demonstrated that bicycle activity will not
       occur at that location.

       2. The hearing examiner may require additional spaces when it is
       determined that the use or its location will generate a high volume of
       bicycle activity. Such a determination will include but not be limited to the
       following uses:

               a. Park and playfield;

               b. Library, museum, and arboretum;

               c. Elementary or secondary school; or

               d. Recreational or amusement facility.

C.     Bicycle facilities for patrons shall be located on site, designed to allow
       either a bicycle frame or wheels to be locked to a structure attached to the
       pavement, or allow for the entire bicycle to be enclosed within a locker.


RCC Title 11                            165                       Effective July 22, 2009
Land Development Code                                                 Ordinance No. 836
D.     All bicycle parking and storage shall be located in safe, visible areas that
       do not impede pedestrian or vehicle traffic flow, well lighted for nighttime
       use, and located in covered areas or otherwise be protected from the
       elements where practicable.

11-23-11       Loading space requirements:

A.     Applicability. For all new development or uses, adequate permanent off-
       street loading space and associated maneuvering area shall be provided if
       the use requires deliveries or shipment of people, materials, and/or
       merchandise. Structures and uses that require loading space and
       associated maneuvering area include but are not limited to the following:
       warehouses, supermarkets, department stores, office buildings greater
       than or equal to 20,000 square feet, industrial or manufacturing uses,
       mortuary and other commercial and industrial buildings or uses which, in
       the judgment of the city planner or the hearing examiner as specified in
       this chapter, are similar in nature in regard to loading space and
       maneuvering area requirements.

B.     Quantity. One loading space shall be provided for each 12,000 square
       feet of floor area or fraction thereof within a building intended to be used
       for merchandising, manufacturing, warehousing, or processing purposes.
       If the building contains more than 24,000 square feet of floor area used for
       these purposes, then one additional space shall be provided for each
       additional 24,000 square feet of floor area so used. The hearing examiner
       may authorize a reduction or waiver based on the quantity of pick-up and
       delivery vehicles associated with the given structure or use.

C.     Dimensions and Location. Each loading space required by this section
       shall be a minimum of 10 feet wide and 30 feet long, shall have an
       unobstructed vertical clearance of 14 feet, 6 inches, and shall be surfaced,
       improved, and maintained as required by this chapter. Loading spaces
       shall be located so that trucks will not obstruct pedestrian or vehicle traffic
       movement or project into any public right-of-way. All loading space and
       maneuvering areas shall be separated from required parking areas and
       shall be designated as truck loading spaces. For developments with buffer
       yards, the loading space and maneuvering area shall be:

       1. Located at the farthest distance from the buffer yard as practicable; and

       2. Located, if possible, in such a manner that the primary building is
       between the buffer yard and the loading and maneuvering area.

D.      Impact Mitigations. Any loading space located within 100 feet of areas
        zoned for residential use shall be screened and operated as necessary to
        reduce noise and visual impacts. Noise mitigation measures may include
RCC Title 11                             166                    Effective July 22, 2009
Land Development Code                                                  Ordinance No. 836
       architectural or structural barriers, berms, walls, or restrictions on the
       hours of operation.

E.     Self-Service Storage Facilities. Multi-story self-service storage facilities
       shall provide two loading spaces, and single-story facilities, one loading
       space, adjacent to each building entrance that provides common access
       to interior storage units.

11-23-12      Pedestrian circulation and access: The following general
pedestrian design standards shall apply to all developments throughout the city
in addition to those outlined elsewhere within specific design standards and
guidelines and design overlay districts:

A.     All uses, except detached single-family dwellings, shall provide pedestrian
       access onto the site. Pedestrian access points shall be provided at all
       pedestrian arrival points to the development including the property edges,
       adjacent lots, abutting street intersections, crosswalks, and at transit
       stops. Pedestrian access shall be located as follows:

       1. Access points at property edges and to adjacent lots shall be
       coordinated with existing development to provide circulation connections
       between developments; and

       2. Residential developments shall provide links between cul-de-sacs or
       groups of buildings and nearby streets to allow pedestrian access from
       within the development and from adjacent developments to activity
       centers, parks, common tracts, open spaces, schools, or other public
       facilities, transit stops, and public streets.

B.     Pedestrian walkways shall form an on-site circulation system that
       minimizes the conflict between pedestrians and vehicular traffic at all
       points of pedestrian access to on-site parking and building entrances.
       Pedestrian walkways shall be provided when the pedestrian access point
       or any parking space is more than 75 feet from the building entrance or
       principal on-site destination and as follows:

       1. All developments that contain more than one building shall provide
       walkways between the principle entrances of the buildings;

       2. All nonresidential buildings set back more than 100 feet from the public
       right-of-way shall provide for reasonably direct pedestrian access from the
       building to buildings on adjacent lots; and

       3. Pedestrian walkways across parking areas shall be located as follows:


RCC Title 11                           167                       Effective July 22, 2009
Land Development Code                                                Ordinance No. 836
              a. Walkways running parallel to the parking rows shall be provided
       at a minimum of every 4 rows; and

              b. Walkways running perpendicular to the parking rows shall be no
       further than 20 parking spaces apart.

C.     Pedestrian access and walkways shall meet the following minimum design
       standards:

       1. Access and walkways shall be physically separated from driveways and
       parking spaces by landscaping, berms, barriers, grade separation or other
       means to protect pedestrians from vehicular traffic;

       2. Access and walkways shall be a minimum of 5 feet of unobstructed
       width and meet the city’s surfacing standards for walkways or sidewalks;

       3. Access shall be usable by mobility impaired persons and shall be
       designed and constructed to be easily located by the sight-impaired
       pedestrian by either grade change, texture or other equivalent means;

       4. Wherever walkways are provided, raised crosswalks or speed bumps
       shall be located at all points where a walkway crosses the lane of vehicle
       travel; and

       5. Lighting shall be provided to an intensity where the access and
       walkways can be used at night by the employees, residents, and
       customers. Lighting shall be height appropriate to a pedestrian pathway
       system.

D.     Blocks in excess of 800 feet in length shall be provided with a crosswalk at
       the approximate midpoint of the block, or as the hearing examiner
       determines to be appropriate.




RCC Title 11                           168                       Effective July 22, 2009
Land Development Code                                                Ordinance No. 836
CHAPTER 11-24           LANDSCAPING REGULATIONS

SECTION:
11-24-1        Purpose
11-24-2        Chapter application
11-24-3        General landscaping standards and guidelines
11-24-4        Public right-of-way landscaping requirements
11-24-5        Parking lot and impervious surface landscaping requirements
11-24-6        Buffers and screening
11-24-7        Requirements by zoning district or use
11-24-8        Tree policy statement
11-24-9        Street trees
11-24-10       Retention and protection of significant trees
11-24-11       Landscaping plan requirements
11-24-12       Irrigation requirements
11-24-13       Landscape installation
11-24-14       Performance guarantee
11-24-15       Landscape maintenance
11-24-16       Substitution of plant materials

11-24-1       Purpose: The purpose of this chapter is to establish minimum
requirements and standards for landscaping and screening to preserve the
aesthetic character of the community, improve the aesthetic quality of the built
environment, reduce the impact of development on the water resources of the
city, promote retention and protection of existing vegetation, reduce the impacts
of development on storm drainage systems and natural habitats, and increase
privacy for residential zones, by:

A.     Providing visual relief from large expanses of parking areas and perceived
       building scales.

B.     Providing physical separation between residential and non-residential
       areas.

C.     Providing visual screens and barriers as a transition between differing land
       uses.

D.     Retaining existing vegetation and significant trees by incorporating them
       into site designs.

E.     Providing increased areas of permeable surfaces to allow for:

       1. Infiltration of surface water into groundwater resources;
       2. Reduction in the quantity of stormwater discharge; and
       3. Improvement in the quality of stormwater discharge.

RCC Title 11                            169                       Effective July 22, 2009
Land Development Code                                                 Ordinance No. 836
11-24-2       Chapter application: The following types of buildings,
developments and facilities shall comply with the requirements of this chapter
when constructed, platted or otherwise established subsequent to the effective
date of the chapter:

A.     All new commercial, industrial, institutional, public, quasi-public, mixed
       use, and duplex and multi-family residential buildings and developments.

B.     Expanded commercial, industrial, institutional, public, quasi-public, mixed
       use, and duplex and multi-family residential buildings and developments,
       when the expansion exceeds 1,000 square feet of gross floor area or 20%
       of the gross floor area existing on the effective date of this chapter.

C.     Residential planned developments and the residential buildings, shared
       parking and common open space, and associated facilities constructed
       within these developments.

D.     Subdivisions and short plats (detached single-family dwellings located on
       newly platted lots of record are required to provide landscaping only for
       street rights-of-way and front yards).

E.     All new parking, loading and circulation facilities, including new parking
       spaces added to an existing facility.

F.     Modified parking, loading and circulation facilities, when 20% or 5 or more
       additional off-street parking spaces are added to an existing facility. In
       such case, the entire parking, loading and circulation area must be
       brought into conformance with this chapter.

G.     The city planner may waive all or portions of the additional landscaping
       requirement for an existing development or use. The applicant shall make
       a written request for waiver and indicate the reasons for not being able to
       comply with the requirements of this chapter. A waiver shall only be
       issued for that portion of the required landscaping which will create a
       significant spatial hardship based on the physical characteristics of the
       existing development.

H.     Detached single-family dwellings constructed on lots of record that existed
       on the effective date of this chapter are exempt from its landscaping
       requirements.

11-24-3      General landscaping standards and guidelines: In addition to
the more specific requirements elsewhere in this chapter, the following general
requirements shall be met by all developments subject to this chapter:


RCC Title 11                           170                      Effective July 22, 2009
Land Development Code                                               Ordinance No. 836
A.     Undeveloped Areas. Undeveloped areas of a lot that are not required to
       be landscaped by other requirements of this chapter shall be planted with
       groundcover to minimize erosion and sedimentation and the release of
       dust and other particulates. Groundcover may consist of planted or
       existing vegetation maintained so as not to exceed one foot in height.

B.     Groundcover. Groundcover shall be planted and maintained within all
       required landscaping areas. Groundcover shall consist of plantings that
       will achieve 100% coverage within 3 years.

C.     Turf. Turf lawn may be used as groundcover but should be limited to no
       more than 30% of landscaped areas in commercial and industrial
       developments, and no more than 50% in residential developments, in
       order to conserve water and encourage the use of alternative
       groundcovers that are drought tolerant or that provide wildlife habitat or
       cover. In order to maximize the efficiency of irrigation systems, turf should
       not be used in areas less than 5 feet in width or depth, or on slopes
       exceeding a 3:1 ratio (horizontal to vertical).

D.     Soil Amendments. Existing soils should be augmented with a 2-inch layer
       of fully composted organic material rototilled a minimum of 6 inches deep.
       Landscape areas shall be covered with at least 2 inches of mulch to
       minimize evaporation and reduce maintenance. Mulch shall consist of
       materials such as yard waste, sawdust and/or manure that are fully
       composted. Generally, bark mulch, gravel or other similar non-vegetative
       material should only be used to assist vegetative growth and maintenance
       within landscaping areas. Non-vegetative material should not be a
       substitute for, or interfere with, required vegetative groundcover. The city
       planner may approve alternative specifications for soil amendments if a
       licensed landscape architect, Washington certified nurseryman, or
       Washington certified landscape contractor certifies that based on site-
       specific conditions, alternative specifications will achieve the same or
       greater benefit.

E.      Native Plants. New landscaping materials shall include species native to
        the coastal region of the Pacific Northwest or noninvasive naturalized
        species that have adapted to the climatic conditions of the region. At least
        25% of the area to be landscaped should be planted with species native to
        the coastal region of the Pacific Northwest. The mix of native plants
        should include trees, shrubs and groundcovers. Because some native
        plants have limited seasonal availability, the applicant or landscape
        professional responsible for preparing the landscaping plan required in
        section 11-24-11 should determine availability prior to plan submittal. The
        applicant or landscape professional responsible for installing the plants
        shall ensure that the plants specified in the approved plan will be secured
        for timely planting.
RCC Title 11                            171                        Effective July 22, 2009
Land Development Code                                                     Ordinance No. 836
F.     Slopes in Landscaping Area. Slopes within landscaping areas should not
       exceed a 2:1 ratio (horizontal to vertical) in order to decrease erosion
       potential, maximize irrigation efficiency, and to facilitate maintenance.

G.     Clear Line of Sight. Landscaping shall be designed, planted and
       maintained in a manner that ensures pedestrian, bicycle and vehicular
       safety. Shrubs and groundcover within and adjacent to parking lots and
       circulation areas shall not exceed 36 inches in height when necessary to
       provide for a clear line of sight for vehicular drivers. The shrub and
       groundcover height shall be measured from adjacent parking or circulation
       pavement surface.

H.     Safety Equipment. Landscaping around fire and safety equipment such
       as fire hydrants shall be designed, planted and maintained in a manner
       that ensures adequate access and use. Groundcover around fire and
       safety equipment shall be of a non-climbing variety.

I.     Screening of Loading Areas. All loading areas shall be fully screened
       from public rights-of-way or residential and non-industrial/manufacturing
       uses with Type I landscape screening.

J.     Foundation landscaping is required for all developments to reduce the
       apparent scale, bulk and height of structures.

K.     Tree Maintenance. Trees should be cared for in accordance with the
       American National Standards Institute’s (ANSI) Standard Practices for
       Trees, Shrubs, and Other Woody Plant Maintenance (ANSI A300) in order
       to allow them to reach their mature height and form. Tree topping by a
       public utility to preserve essential services is permitted when selective
       pruning will not ensure the preservation of these services. However, tree
       topping unrelated to the preservation of essential services shall not be
       performed without prior approval of the city planner. The city planner may
       require a written opinion from a professional landscape architect or
       arborist regarding the necessity of tree topping prior to granting approval.

L.     Tree Thinning. The number of trees planted in accordance with a city
       approved landscaping plan may be reduced by thinning in order to
       enhance the health of the existing trees. The thinning shall not reduce the
       overall intent of the required landscaping. Tree thinning of required
       landscaping shall not be allowed without prior approval of the city planner
       and should be in accordance with the ANSI A300 standards. The city
       planner may require written opinion from a professional landscape
       architect or arborist written opinion regarding the necessity of tree thinning
       prior to granting approval.


RCC Title 11                            172                        Effective July 22, 2009
Land Development Code                                                  Ordinance No. 836
M.     Calculations/Measurements. All calculations and measurements within
       this chapter shall be rounded to the nearest whole number with greater
       than or equal to one-half being rounded up. Existing trees are measured
       by diameter at 4 feet 6 inches feet above ground level (diameter at breast
       height, or dbh) which is the usual and customary forest standard. New
       and replacement trees are measured by diameter at 6 inches above
       ground level, which is the usual and customary nursery standard.

11-24-4       Public right-of-way landscaping requirements: All public rights-
of-way adjacent to a lot shall be landscaped in accordance with the requirements
of this chapter. It shall be the responsibility of the adjoining property owner to
install and maintain the right-of-way landscaping to city standards. Street trees
shall be installed in accordance with Section 11-24-9. In order to protect the
street tree root zone, the portion of a right-of-way that is not devoted to street,
driveway or sidewalk pavement shall not be covered with impervious material or
used for vehicle parking or storage. At the request of the city, the adjoining
property owner may be required to remove right-of-way landscaping based on
transportation, safety or utility requirements. Failure on the part of adjoining
property owner to respond to a removal request may cause the city to remove
the landscaping and assess the adjoining property owner the costs of the
removal.

11-24-5       Parking lot and impervious surface landscaping requirements:
The intent of this section is to break up and reduce the barren appearance of
parking, circulation, loading, storage and other large impervious surface areas of
a site. To the greatest extent practicable, landscaped areas shall be dispersed
throughout the impervious surface area.

A.     Row Requirement. The maximum number of consecutive vehicle parking
       or sales display spaces without an intervening island or peninsula is 10,
       unless the row fronts on a landscaping area with a minimum planting width
       of 8 feet. For such rows, the maximum consecutive parking spaces
       without an intervening island or peninsula is 20 spaces. A landscaping
       island or peninsula is required at the end of each row of 4 or more
       automobile parking spaces that terminates within a parking or circulation
       area.

B.     Island/Peninsula Requirement. Landscape islands and peninsulas shall
       have a minimum planting width and length of 8 feet and minimum planting
       area of 120 square feet. There shall be at least one tree planted on every
       island and peninsula.

C.      Planting Type and Density. The following landscaping is the minimum
        required for each 300 square feet of parking lot and impervious surface
        landscaping: one 2-inch caliper deciduous tree; one 6-foot tall evergreen
        tree; five 5-gallon shrubs; and groundcover. There shall be a minimum of
RCC Title 11                             173                     Effective July 22, 2009
Land Development Code                                                   Ordinance No. 836
       one 2-inch caliper deciduous canopy tree per 4 parking spaces or vehicle
       storage or sales display spaces. Deciduous canopy trees shall be
       selected, installed and maintained in accordance with the street tree
       standards provided in section 11-24-9.

D.     Curb/Curb Edge. Planting areas shall be fully protected by curbs as a
       means of preventing injury to plants from pedestrian or vehicular traffic
       and to prevent landscaping material from entering the storm drainage
       system. No trees or shrubs shall be planted within two feet of a curb
       edge. Groundcover is required within this two-foot area.

E.     Perimeter landscaping. Type II landscaping shall be installed along the
       perimeter of off-street parking lots where they abut, or are visible from, a
       public right-of-way or ingress/egress easement.

11-24-6       Buffers and screening: Buffers are intended to lessen the impacts
between uses, which are incompatible or somewhat incompatible. Buffers are
also intended to provide a transition between zoning districts. The level of
buffering required for a project shall be determined during the project permit
review process. For certain projects, Type I landscaping that creates a very
dense sight barrier or screen may be required. For other projects, Type II or
Type III landscaping, which provide varying degrees of visual separation of uses,
rather than a full screen, may be deemed adequate. Any combination of trees,
shrubs, fences, walls, earthen berms, and related plant materials or design
features may be selected provided that the buffer design effectively mitigates the
identified impact and is consistent with this chapter.

A.     Type I, Solid Screen:

       1. Type I landscaping is intended to provide a solid sight barrier to totally
       separate incompatible land uses. This landscaping is typically found
       between residential and incompatible non-residential land uses (e.g.,
       industrial and residential) and around outdoor storage yards, service
       yards, loading areas, mechanical or electrical equipment, utility
       installations, trash receptacles, etc.

       2. Type I landscaping shall consist of evergreen trees, shrubs and ground
       cover that will provide a sight obscuring screen within 3 years from the
       time of planting.

B.     Type II, Visual Screen:

        1. Type II landscaping is intended to create a visual separation that may
        be less than sight obscuring between incompatible land use zones. This
        landscaping is typically found between commercial and industrial zones;
        high density multi-family and single-family zones; commercial/office and
RCC Title 11                            174                      Effective July 22, 2009
Land Development Code                                                   Ordinance No. 836
       residential zones; and to screen industrial uses and parking lots from the
       street.

       2. Type II landscaping shall be predominantly evergreen, with no more
       than approximately 40% of the trees being deciduous, interspersed with
       groundcover and large shrubs that are predominantly evergreen.

C.     Type III, Visual Buffer:

       1. Type III landscaping is intended to provide partial visual separation of
       uses from streets and main arterials and between compatible uses so as
       to soften the appearance of parking areas and building elevations.

       2. Type III landscaping shall be a mixture of evergreen and deciduous
       trees interspersed with shrubs and ground cover.

11-24-7        Requirements by zoning district or use:

A.     Multi-Family Residential, MFR:

       1. Type III landscaping of a sufficient depth and density shall be provided
       to accomplish the intended screen and buffer.

       2. Type II landscaping of a minimum width of 10 feet shall be provided
       along perimeter of the MFR zone and abutting SFR and TRD zones.

B.     Commercial, C:

       1. Type III landscaping of a sufficient depth and density shall be provided
       on all properties abutting public rights-of-way and ingress/egress
       easements.

       2. Type II landscaping of a sufficient depth and density shall be provided
       along the perimeter of property abutting a residential use or SFR, TRD or
       MF zoning district.

C.     Light Industrial, LI:

       1. Type II landscaping of a sufficient depth and density to accomplish the
       intended screen and buffer shall be provided on all properties abutting
       public rights-of-way and access easements.

       2. Type I landscaping of a minimum width of 10 feet shall be provided
       along the perimeter of property abutting a residential use or SFR, TRD or
       MF zoning district.

RCC Title 11                            175                     Effective July 22, 2009
Land Development Code                                               Ordinance No. 836
       3. Type II landscaping of a minimum width of 7.5 feet shall be provided
       along the perimeter of property abutting non-residential zoning districts,
       except the LI district.

       4. Type III landscaping of a minimum width of 5 feet shall be provided
       along all interior property lines.

D.     Mixed Use, MU: Type I, II and III landscaping shall be installed for mixed
       use developments consist with the intent expressed in subsections A, B
       and C for residential, commercial and industrial uses and zones.

11-24-8        Tree policy statement:

A.     The planning commission and city council find that:

       1. Trees are proven producers of oxygen, a necessary element for human
       survival.

       2. Trees appreciably reduce the carbon dioxide content of the air and
       transpire considerable amounts of water each day, thereby playing a vital
       role in purifying the air.

       3. Trees have an important role in neutralizing wastewater passing
       through the ground from the surface to ground water tables and lower
       aquifers.

       4. Trees, through their root systems, stabilize the ground water tables and
       play an important and effective part in soil conservation, erosion control,
       and flood control.

       5. During the past several decades, the percentage of tree canopy cover
       in the Puget Sound region has declined dramatically as a result of urban
       growth and other human activities.

       6. Trees are an invaluable physical, aesthetic, and psychological
       counterpoint to the urban setting, making urban life more comfortable by
       providing shade and cooling the air and land, reducing noise levels and
       glare, and breaking the monotony of human developments of the land,
       particularly streets and parking areas. As such, trees have an important
       impact on the desirability of land and therefore on property values.

B.     Based on the policy statement in subsection A, the planning commission
       and city council declare that it is not only desirable but essential to the
       health, safety, and welfare of all persons living or working within the city’s
       planning jurisdiction to protect certain existing trees and, under the

RCC Title 11                            176                        Effective July 22, 2009
Land Development Code                                                  Ordinance No. 836
       circumstances set forth in this chapter, to require the planting of new trees
       in certain types of developments.

11-24-9       Street trees: Trees shall be planted along both sides of all newly
created, widened, or substantially improved public and private streets, and along
public and private street frontages located within or adjacent to a commercial,
industrial, institutional, public, quasi-public, or residential development,
constructed after the effective date of this chapter, in accordance with the
following standards:

A.     Spacing of street trees, on average, shall be 30 feet on center. For trees
       that have an exceptionally broad canopy form, the city may allow spacing
       greater than 30 feet on center. For trees that have a narrow canopy form,
       the city may require spacing of less than 30 feet on center. Trees should
       be planted at least 10 feet from utility or light poles or fire hydrants, 20 feet
       from street corners, and 10 feet from driveways. The city may authorize
       irregular spacing to accommodate sight distance requirements for
       driveways or intersections or to avoid public infrastructure such as street
       lighting, utility poles or fire hydrants.

B.     Street trees shall have an average caliper of at least 2 inches at the time
       of planting, provided that no individual tree shall have a caliper of less
       than 1.75 inches.

C.     Street trees shall be high branching with canopies that start at least 6 feet
       above finished grade, and have roots that will not break up sidewalks or
       roadbeds or invade utility lines. For areas without overhead power lines,
       tree types shall be planted that will achieve a minimum height of 35 feet at
       maturity.

D.     Street trees shall be selected in accordance with the “Approved Street
       Tree List” adopted by reference in chapter 11-28. Trees and planting
       locations shall take into consideration lighting requirements for streets,
       parking, and pedestrian circulation areas, and signage requirements.
       Street trees shall not bear fruit or release sticky substances.

E.      Where feasible, street trees shall be planted in the planter strip between
        the curb and sidewalk. If the sidewalk is located abutting the curb, street
        trees shall be planted within tree wells installed in the sidewalk and
        covered by grates that are designed to be modified over time to
        accommodate tree growth; provided, that a minimum unobstructed
        sidewalk width of 5 feet is maintained and irrigation is provided to each
        tree. If insufficient space exists to maintain an unobstructed sidewalk
        width of 5 feet, or the planter strip is less than 5 feet in width, the street
        trees shall be planted behind the sidewalk at a distance not greater than
        10 feet from the sidewalk. The city planner may require root deflectors or
RCC Title 11                             177                        Effective July 22, 2009
Land Development Code                                                      Ordinance No. 836
       impose other planting specifications, if recommended by a professional
       landscape architect or arborist.

F.     Street trees shall be maintained by the adjacent property owner unless
       they are maintained by a homeowners’ association, condominium owners’
       association, or similar association, or are part of a city maintenance
       program.

G.     Pruning of street trees should be performed per ANSI A300 standards so
       as to maintain the natural form of the tree, encourage vigorous growth to a
       mature spread and height, and avoid weakening the tree to create a
       hazard. Street trees shall not be topped, pollarded, or otherwise pruned in
       a manner contrary to these goals, unless there is no practicable
       alternative that would preserve essential utility services.

11-24-10       Retention and protection of significant trees:

A.     Definition. Significant trees are healthy evergreen or deciduous trees that
       have a minimum caliper of 12 inches dbh, and Garry Oak, also known as
       Oregon White Oak, which have a minimum caliper of 9 inches dbh.

B.     Retention/Maintenance/Removal of Significant Trees. Significant trees
       that are located on vacant or underutilized property shall be retained on-
       site, properly maintained and, if necessary, removed, subject to the
       provisions of this chapter. A maximum of five significant trees may be
       removed from a site within a 36 month period without city approval.
       Additional trees can only be removed in accordance with this chapter. For
       new development, site improvements shall be designed and constructed
       to retain existing significant trees to the extent practicable. Significant
       trees that do not interfere with the proposed development shall be
       retained. The removal of hazardous or dead trees is exempt from the
       requirements of this section unless the trees are providing a wildlife
       benefit within a regulated critical area, critical area buffer, or other
       environmentally sensitive area or designated open space.

C.     Garry Oak Exemption. The removal of competing tree species within a
       stand of Garry Oak, or within a Garry Oak tree preservation tract for which
       the city has approved a Garry Oak preservation and management plan, is
       exempt from the tree retention requirements of this section. The intent is
       to encourage the removal of competing tree species that because of their
       size would be defined as significant trees in section A of this section, in
       order to enhance the long-term viability of the Garry Oak stand.

D.      Significant Tree Protection. All development within the city, including
        clearing and grading activities, shall provide appropriate measures to
        protect significant trees. During clearing and construction activities, all
RCC Title 11                            178                    Effective July 22, 2009
Land Development Code                                                 Ordinance No. 836
       significant trees identified for retention or relocation shall be surrounded
       by a protective fence located at the drip line of each tree for the duration of
       the construction. There shall be no clearing or construction related
       activities, including storage, within the area protected by the fence. For
       development subject to the landscaping requirements of this chapter, no
       impervious surface shall be installed within the drip line of a significant
       tree identified for retention unless a professional landscape architect or
       arborist determines that the long-term health of the tree will not be
       significantly harmed. For the purpose of this chapter, a drip line is defined
       as a perimeter formed by the points farthest away from the trunk of a tree
       where precipitation falling from the branches of that tree lands on the
       ground.

E.     Landscaping Credit for Significant Tree Retention. All development
       subject to the landscaping requirements of this chapter shall be given
       landscaping credit for retaining significant trees on site. The level of credit
       shall be determined by the city planner on a case-by-case basis, taking
       into account the level of screening or buffering, or the extent of canopy
       coverage, provided by the trees to be retained.

F.     Tree Replacement. Each significant tree removed shall be replaced with
       trees of a type similar to the tree being removed, unless the applicant
       requests an alternative type of tree (e.g., deciduous instead of evergreen)
       and the city planner determines that the alternative tree will provide a
       comparable or greater benefit to the community. The replacement ratio
       for the removal of significant trees that are not exempt from this chapter
       shall be as follows:

                        MINIMUM TREE REPLACEMENT RATIO
                    Significant Tree       Replacement Plantings
         Evergreen tree: 12-23 inches dbh  Two 10-foot tall evergreen trees or four
                                           evergreen trees between 6 and 10 feet
                                           tall
        Evergreen tree: ≥ 24 inches dbh    Three 10-foot tall evergreen trees or six
                                           evergreen trees between 6 and 10 feet
                                           tall
        Garry Oak: 9-12 inches dbh         Three 2-inch caliper deciduous trees, or a
        Other deciduous tree: 12-15 inches larger number of smaller Garry Oak to be
        dbh                                determined based on size
        Garry Oak: 13-16 inches dbh        Five 2-inch caliper deciduous trees, or a
        Other deciduous tree: 16-19 inches larger number of smaller Garry Oak to be
        dbh                                determined based on size
        Garry Oak: ≥ 17 inches dbh         Seven 2-inch caliper deciduous trees, or
        Other deciduous tree: ≥ 20 inches a larger number of smaller Garry Oak to
        dbh                                be determined based on size


RCC Title 11                             179                       Effective July 22, 2009
Land Development Code                                                  Ordinance No. 836
G.     Off-site planting or in-lieu payment. If the tree replacement requirement
       under section F results in an excess of the minimum number of trees
       required elsewhere in this chapter and there is insufficient space to
       accommodate the replacement trees on site, the additional trees may be
       planted off-site upon the approval of the city. The city may accept the
       additional trees or payment in lieu of the additional trees for tree plantings
       on public property. In-lieu payment shall be based on cost of the tree and
       professional installation multiplied by 125% to provide additional funding
       for maintenance. Upon acceptance, the city shall attempt to locate the
       trees on a public site that is as close to the donor property as practicable.

11-24-11       Landscaping plan requirements:

A.     Landscaping plans shall be submitted for any landscaping activity required
       by Section 11-24-2. The landscaping plan shall be drawn to scale and
       include the following information:

       1. The location of all property lines and easements for ingress/egress,
       utilities, and drainage.

       2. The location and dimensions of all existing and proposed structures.

       3. The location and design of all pedestrian, storage, garbage, recycling,
       employee recreation and aboveground stormwater detention and
       treatment areas.

       4. The location of all impervious surface areas, including structures,
       parking, loading and circulation areas. The total square footage of all
       impervious surface areas in square feet shall be identified.

       5. The size and location of all proposed and existing outdoor fixtures and
       equipment such as utility vaults (structures), fire hydrants, light fixtures,
       fences, retaining walls, ornamental fountains, pools, benches and
       garbage/recycling containers or enclosures.

       6. The location of any off-site structures, landscaping, and other
       improvements that will have an effect on the location and type of
       landscaping proposed.

       7. All existing and proposed landscaping areas showing plant materials to
       be retained, plant materials to be removed and proposed plants to be
       installed. The existing and proposed plants shall be clearly labeled as to
       botanical name, common name, size, location and spacing. The plant
       schedule shall identify which plants are native to the region. The plan shall
       indicate any special planting instructions for each plant type.

RCC Title 11                            180                        Effective July 22, 2009
Land Development Code                                                  Ordinance No. 836
B.     Professional Design Criteria. Landscape plans for all projects requiring
       discretionary permit approval shall be prepared and approved by either a
       professional landscape architect, or a licensed, bonded and insured
       landscaping contractor. When required landscaping is minimal in area, the
       professional design requirement may be waived by the city planner if the
       project proponent is able to demonstrate to the city planner a clear
       understanding of the landscaping plan requirements and the ability to
       prepare an accurate, readable plan that contains the information required
       in subsection A of this section.

11-24-12       Irrigation requirements:

A.     Areas of undisturbed existing vegetation, low areas with existing high soil
       moisture conditions, or landscape areas consisting of drought-tolerant
       vegetation should have temporary irrigation systems only as required to
       sustain new plantings and should not have permanent irrigation systems.
       Permanent irrigation systems are permitted within all other required
       landscape areas.

B.     Temporary irrigation systems should be removed after 24 months or two
       growing seasons, whichever occurs first, provided that the plantings are
       established.

C.     Irrigation plans shall be submitted for all required irrigation to ensure that
       plantings will be watered at a sufficient level for plant survival and healthy
       growth. Permanent irrigation systems shall be designed by a professional
       landscape architect, certified irrigation designer, or other professional
       having comparable qualifications. A permanent system should include:

       1. Moisture or precipitation sensors;

       2. Automatic timers set for operation during periods of minimum
       evaporation and that ensure adequate moisture levels;

       3. Head-to-head spacing, if sprinkler heads are proposed;

       4. Pressure regulating devices;

       5. Backflow prevention devices; and

       6. Separate irrigation zones for turf and planting beds, and for drought-
       tolerant and nondrought-tolerant species.




RCC Title 11                             181                       Effective July 22, 2009
Land Development Code                                                  Ordinance No. 836
11-24-13       Landscape installation:

A.     Timing of Completion. The landscaping required by this chapter shall be
       installed prior to receiving a final permit inspection sign-off or certificate of
       occupancy for the project or project phase. The time limit for compliance
       may be extended by up to six months from the date of the final permit
       inspection sign-off or certificate of occupancy to allow for installation of
       landscaping during the next appropriate planting season, subject to
       submittal and approval of a performance guarantee in accordance with
       section 11-24-14.

B.     Compliance with Approved Plan. The landscaping shall be installed in
       accordance with the approved plan. Landscaping installed in accordance
       with a plan prepared by a professional landscape architect or landscaping
       contractor shall be inspected by that individual prior to final inspection by
       the city planner. The landscape architect or landscaping contractor shall
       submit a letter to the city indicating that the installation is in accordance
       with the approved plan.

C.     Modifications to Approved Plan. Prior to making any deviations in the field
       from an approved plan, the landscape installer shall obtain approval from
       the city planner for the proposed modifications. The city planner may
       require the installer to provide a revised plan prior to approving the
       modifications. If modifications are proposed to a plan prepared by a
       landscape architect or landscaping contractor, the modifications shall be
       approved by the landscape architect or landscaping contractor prior to city
       planner approval of the changes.

11-24-14       Performance guarantee:

A.     If the installation of landscaping is deferred per Section 11-24-13.A, a
       guarantee shall be submitted to the city in order to ensure the completion
       of the required landscaping. It shall be the responsibility of the applicant
       and the property owner to contact the city planner upon completion of the
       landscaping work and request an inspection.

B.     The type of guarantee shall be approved by the city planner and city
       attorney and posted with the city prior to the issuance of the final permit
       inspection sign-off or certificate of occupancy. Acceptable guarantees
       may include: cash bonds; assignment of funds; and insurance company
       performance bonds. The guarantee amount shall be 150% of a
       landscaping bid amount submitted to, and approved by, the city planner.
       The bid amount must include labor and materials.

C.      Failure to complete all required landscaping within six months of the
        issuance of a certificate of occupancy shall constitute a violation and the
RCC Title 11                             182                      Effective July 22, 2009
Land Development Code                                                    Ordinance No. 836
       city shall use the guarantee to complete the required landscaping and to
       reimburse the city for documented administrative costs associated with
       action on the guarantee. If costs incurred by the city exceed the amount
       provided by the guarantee, the property owner shall reimburse the city in
       full, or the city may file a lien against the subject property for the amount of
       any deficit.

D.     If a performance guarantee is required under subsection A of this section,
       the property owner shall provide the city with an irrevocable notarized
       agreement granting the city and its agents the right to enter the property
       and perform any necessary work.

E.     Upon completion of the required landscaping by the property owner, at or
       prior to the expiration of the guarantee, the city shall promptly release the
       guarantee.

11-24-15       Landscape maintenance:

A.     Whenever landscaping is or has been required by this chapter or previous
       city regulations, the landscaping shall be maintained for the life of the
       project in conformance with the approved plan. Such maintenance shall
       include the landscaping required within a public right-of-way. The property
       owner or other responsible entity shall replace any unhealthy or dead
       plant materials in conformance with the approved landscape plan unless
       substitute plant material has been authorized by the city planner.
       Replacement shall occur within four months of the loss of the plant or
       during the next planting season if the loss does not occur in a planting
       season.

B.     The city planner may require a landscape maintenance guarantee for a
       specified period of time, typically three years, to ensure initial
       establishment and/or long-term maintenance of the required landscaping.
       The value of the guarantee must equal at least 20% of the replacement
       cost of the landscape materials, and shall be used by the city to perform
       any necessary maintenance and to reimburse the city for documented
       administrative costs associated with action on the guarantee.

C.     If a landscape maintenance guarantee or similar device is required under
       subsection B of this section, the property owner shall provide the city with
       an irrevocable notarized agreement granting the city and its agents the
       right to enter the property and perform any necessary work.

D.     Upon completion of the maintenance period, and if maintenance is not
       required, the city shall promptly release the landscape maintenance
       guarantee or similar device.

RCC Title 11                             183                        Effective July 22, 2009
Land Development Code                                                   Ordinance No. 836
11-24-16      Substitution of plant materials: Adjustments to an approved
landscape are permitted over time when done in a manner that continues to
accomplish the purpose for which the landscape was initially required. For
example, if specific plant types fail to thrive at a given location due to soil,
moisture, or other site conditions, substitute plant types may be installed if they
provide a comparable level of screening, wildlife habitat or cover, drought-
tolerance, or other quality originally required.




RCC Title 11                           184                       Effective July 22, 2009
Land Development Code                                                Ordinance No. 836
CHAPTER 11-25           WIRELESS COMMUNICATION FACILITIES

SECTION:
11-25-1        Purpose
11-25-2        Exemptions
11-25-3        Policy statement
11-25-4        Site selection criteria
11-25-5        WCF location and priority
11-25-6        Facility preference
11-25-7        Co-location
11-25-8        Required submittals
11-25-9        Design criteria
11-25-10       Permits required
11-25-11       Variances
11-25-12       Inspection requirements
11-25-13       Requirements for siting on city property
11-25-14       Non-use/abandonment
11-25-15       Third party review

11-25-1        Purpose:

A.     These standards are intended to protect the public health, safety, and
       welfare, to protect property values and minimize visual impact while
       furthering the development of enhanced telecommunication services in the
       city. These standards are designed to comply with the
       Telecommunications Act of 1996. The provisions of this chapter are not
       intended to, and shall not be interpreted to, prohibit or to have the effect of
       prohibiting personal wireless services. This chapter shall not be applied in
       such a manner as to unreasonably discriminate between providers of
       functionally equivalent personal wireless services.

B.     To the extent that any provision of this chapter is inconsistent or conflicts
       with any other city ordinance, this chapter shall control. Otherwise, this
       chapter shall be construed consistently with the other provisions and
       regulations of the city.

C.     In reviewing any application to provide personal wireless service or to
       install wireless communication facilities (WCFs), the city shall act within a
       reasonable period of time, taking into account the nature and scope of the
       application. Any decision to deny an application shall be in writing,
       supported by substantial evidence contained in a written record. The city
       shall approve, approve with conditions, or deny the application in
       accordance with the time frames set forth in this title.



RCC Title 11                             185                       Effective July 22, 2009
Land Development Code                                                  Ordinance No. 836
11-25-2      Exemptions: The following are exempt from the provisions of this
chapter and shall be permitted in all zones:

A.     Industrial processing equipment and scientific or medical equipment using
       frequencies regulated by the FCC.

B.     Antennas and related equipment no more than 3 feet in height that are
       being stored, shipped, or displayed for sale, or which comply with all
       applicable design criteria contained in Section 11-25-11.

C.     Facilities used for purposes of public safety, such as, but not limited to,
       police, hospitals, and the regional 911 system.

D.     Radar systems for military and civilian communication and navigation.

E.     Wireless radio utilized for temporary emergency communications in the
       event of a disaster.

F.     Licensed and lawful amateur (ham) radio stations and citizen band
       stations.

G.     Satellite dish antennas for direct to home satellite services.

H.     Routine maintenance or repair of a WCF and related equipment in
       compliance with this chapter, excluding structural work or changes in
       height or dimensions of antennas, towers, or buildings.

I.     Subject to compliance with all other applicable standards of this chapter, a
       building permit application need not be filed for emergency repair or
       maintenance of a WCF until 30 days after the completion of such
       emergency activity.

J.     A COW or other temporary WCF shall be permitted for a maximum of 90
       days or during an emergency.

11-25-3        Policy statement:

A.     The purpose of this chapter is to establish general guidelines for the siting
       of WCFs. The goals of this chapter are to:

       1. Enhance the ability of personal wireless service providers to provide
       such services throughout the city quickly, effectively, and efficiently;

       2. Encourage personal wireless service providers to locate WCFs in
       nonresidential areas;

RCC Title 11                            186                        Effective July 22, 2009
Land Development Code                                                  Ordinance No. 836
       3. Encourage personal wireless service providers to co-locate on new and
       existing tower sites;

       4. Encourage personal wireless service providers to locate WCFs,
       particularly towers and antennas, to the extent possible, in areas where
       the adverse impact on city residents is minimal; and

       5. Encourage personal wireless service providers to configure towers and
       antennas in a way that minimizes any significant adverse visual impact.
       Accordingly, the city finds that the promulgation of this chapter is
       warranted and necessary:

               a. To manage the location of towers and antennas in the city;

             b. To protect residential areas and land uses from potential adverse
       impacts of towers;

              c. To minimize adverse visual impacts of towers through careful
       design, siting, landscape screening and innovative camouflaging
       techniques;

              d. To accommodate an increased need for towers to serve the
       wireless communications needs of city residents;

             e. To promote and encourage co-location on existing and new
       towers as an option rather than construction of additional single-use
       towers, and to reduce the number of such structures needed in the future;

              f. To consider the public health and safety of towers to the extent
       permitted by the Telecommunications Act of 1996; and

             g. To avoid potential damage to adjacent properties through sound
       engineering practices and the proper siting of antenna support structures.

B.     All new WCFs shall comply with this chapter after the date of passage of
       the ordinance codified herein. All WCFs existing on the date of passage
       of the ordinance codified in this chapter shall be allowed to continue as
       they presently exist, but will be considered nonconforming uses if they do
       not fully comply with the requirements of this chapter. Routine
       maintenance shall be permitted on existing WCFs. However, new
       construction other than routine maintenance on existing WCFs shall
       comply with the requirements of this chapter.




RCC Title 11                            187                      Effective July 22, 2009
Land Development Code                                                Ordinance No. 836
11-25-4        Site selection criteria:

A.     Any applicant proposing to construct an antenna support structure, or
       mount an antenna on an existing structure, shall demonstrate by
       engineering evidence that the antenna must be located at the site to
       satisfy its function in the applicant’s local grid system. Further, the
       applicant must demonstrate by engineering evidence that the height
       requested is the minimum height necessary to fulfill the site’s function
       within the grid system.

B.     Applications for necessary permits will only be processed when the
       applicant demonstrates either that it is an FCC-licensed
       telecommunications provider or that it has agreements with an FCC-
       licensed telecommunications provider for use or lease of the support
       structure.

C.     Low power mobile radio service facilities shall be located and designed to
       minimize any significant adverse impact on residential properties.
       Facilities shall be placed in locations where the existing topography,
       vegetation, buildings, or other structures provide the greatest amount of
       screening.

D.     In all zones, location and design of facilities shall consider the impact of
       the facility on the surrounding neighborhood and the visual impact within
       the zone district. In all zones, towers shall be significantly screened by
       placing them in trees to the extent that it does not result in significant
       signal degradation.

11-25-5        WCF location and priority:

A.     Location. WCFs are permitted in all zoning districts subject to approval of
       the permit type specified in section 11-25-10. WCFs that include new
       towers are permitted only in the MU, C and LI zones. WCFs are not
       permitted within a critical area or critical area buffer.

B.     Priority. The order of priorities for locating new WCFs shall be as follows:

       1. Existing WCF that is in full compliance with applicable regulations and
       conditions of approval.

       2. City water tank.

       3. Existing light standards and utility poles located in public rights-of-way.

       4. Other public property, including municipal and utility facilities.
RCC Title 11                             188                        Effective July 22, 2009
Land Development Code                                                     Ordinance No. 836
       5. Privately owned property located in the MU, C and LI zones.

       6. Privately owned property located in a zoning district other than the MU,
       C or LI district. An applicant proposing to locate a new WCF at such
       location shall demonstrate that a diligent effort has been made to locate
       the proposed WCF on an existing WCF, at a public facility or within an
       MU, C or LI zone, and that due to valid considerations including physical
       constraints, and economic or technological feasibility, no appropriate
       location is available.

11-25-6        Facility preference

A.     Proposed antennas, associated structures and placement shall be
       evaluated, based on available technologies, for approval and use in the
       following order of preference:

       1. Camouflaged antennas;

       2. Building mounted facilities or structure mounted facilities, only when
       subsection (1) cannot be reasonably accomplished;

       3. Co-location facilities, only when subsections (1) or (2) cannot be
       reasonably accomplished;

       4. Ground mounted facilities that extend no more than 15 feet above
       existing vegetation or structures, only when subsections (1), (2) or (3)
       cannot be reasonably accomplished;

       5. Ground mounted facilities that extend more than 15 feet above existing
       vegetation or structures, only when subsections (1) through (4) cannot be
       reasonably accomplished.

B.     If the applicant chooses to construct new ground mounted facilities, the
       burden of proof shall be on the applicant to show a facility of a higher
       order of preference cannot reasonably be accommodated on the same or
       other properties. As stated in section 11-25-15, the city reserves the right
       to retain a third party consultant, at the applicant’s expense, to review the
       supporting documentation for accuracy.

11-25-7        Co-location:

A.     To minimize adverse visual impacts associated with the proliferation of
       towers, co-location of WCFs on existing or new towers is encouraged as
       follows:

RCC Title 11                            189                       Effective July 22, 2009
Land Development Code                                                 Ordinance No. 836
       1. Proposed facilities may, and are encouraged to, co-locate onto existing
       towers. Co-location is permitted subject to administrative use permit
       approval, and new or amended conditional use permit approval is not
       required; provided, that all other permit, license, lease, or franchise
       requirements are satisfied, the modified facilities do not require a variance,
       and the co-location is accomplished in a manner consistent with the
       policies, design criteria, and other requirements contained in this chapter.

       2. The city may deny an application to construct new facilities if the
       applicant has not shown by substantial evidence that it has made a
       diligent effort to mount the facilities on an existing building, existing
       structure or existing tower.

       3. To reduce the number of antenna support structures needed in the city
       in the future, new proposed support structures shall be designed to
       accommodate antennas for more than one user, unless the applicant
       demonstrates why such design is not feasible for economic, technical or
       physical reasons.

       4. Unless co-location is not feasible, an applicant’s site plan shall reserve
       an area for other providers’ equipment near the base of the applicant’s
       tower. A first right-of-refusal, which is either executed or maintained while
       the provider’s WCF and services are in use, to lease the area at the base
       of the tower or mount for other providers will meet the reservation
       requirement. The site plan for towers in excess of 100 feet above ground
       level must propose space for two comparable providers, while the site
       plan for towers 100 feet or less must propose space for one comparable
       provider.

       5. To provide further incentive for co-location, an existing conforming
       tower may be modified subject to administrative use permit approval to
       accommodate co-location without a new or amended conditional use
       permit, provided the following conditions are met:

              a. An existing tower may be modified or rebuilt to a taller height, not
       to exceed 20 feet over the tower’s existing height and subject to the other
       provisions of this chapter. The height change may occur only once per
       tower;

              b. The additional antenna is of the same general type and size as
       that on the existing tower;

             c. The modifications do not increase the height of the tower and/or
       antenna beyond the height threshold that requires a variance.


RCC Title 11                            190                        Effective July 22, 2009
Land Development Code                                                  Ordinance No. 836
       6. While co-location and the requirements herein are encouraged, co-
       location shall not take precedence over the construction of shorter towers
       with appropriate screening.

11-25-8        Required submittals:

A.     Application for conditional use permit, administrative use permit, building
       permit, and other related requests may include any combination of site
       plans, surveys, maps, technical reports, or written narratives necessary to
       convey the following information in addition to the requirements of this title
       and other applicable regulations:

       1. Photosimulations of the proposed facility from affected properties taken
       from all four sides of the proposed facility, from a distance of one hundred
       feet or from the opposite side of the street right-of-way closest to the
       proposed site. The photosimulations shall be labeled as to the view
       depicted, the maximum height of the structure, including antennas,
       proposed color scheme and method of screening. Photosimulations taken
       from alternative locations may be provided in lieu of the locations specified
       above, if deemed acceptable by the city;

       2. A site plan, drawn to scale, clearly indicating the location and type of
       the proposed tower, antenna, antenna support structure, fencing,
       buffering, on-site land uses and zoning, adjacent land uses and zoning,
       adjacent roadways, proposed means of access, and setbacks of
       structures from property lines. The site plan requirement may be waived if
       the antenna is to be mounted on an existing structure;

       3. Elevation plans, drawn to scale, of the proposed tower and any other
       existing and proposed structures, including fencing. Exterior finish
       materials and colors, and the method of camouflage and illumination, if
       applicable, shall be specified;

       4. A landscape plan indicating the specific placement of the facility on the
       site, the location of existing structures, trees, and other significant site
       features, the type and location of plant materials used to screen the
       facility, a planting schedule, and an irrigation plan and schedule;

        5. A current map showing the location of the proposed tower or other
        proposed facilities, the approximate distance between the proposed tower
        and the nearest residential units and residentially zoned properties, and
        the locations of other WCF operated by the applicant that are within the
        city or outside the city but within one-half mile of the city boundary. In
        addition to this requirement, the city may require the submittal of an aerial
        photo of the proposed site and vicinity if it determines that such
        information will assist in the city’s review of the proposal;
RCC Title 11                                191                       Effective July 22, 2009
Land Development Code                                                       Ordinance No. 836
       6. Legal description of the parcel, and Pierce County assessor’s parcel
       number, if applicable;

       7. A signed statement indicating that:

                a. The applicant and landholder agree they will diligently negotiate
       in good faith to facilitate co-location of additional personal wireless service
       facilities by other providers on the applicant’s structure or within the same
       site location;

              b. The applicant for a new tower has provided notice to all other
       area wireless service providers of its application to encourage the co-
       location of additional antennas on the structure; and

              c. The applicant and/or landholder agree to remove the facility
       within 90 days after abandonment, unless an extension is granted by the
       city;

       8. A statement by the applicant as to whether construction of the tower,
       antenna support structure, and other related facilities will accommodate
       co-location of additional antennas for future users;

       9. Copies of any environmental documents required pursuant to SEPA.
       Project actions which are categorically exempt from SEPA shall be
       exempt from this requirement. Copies of any environmental documents
       required by any federal agency. These shall include the environmental
       assessment required by FCC Para. 1.1307, or, in the event that an FCC
       environmental assessment is not required, a statement that describes the
       specific factors that obviate the requirement for an environmental
       assessment;

       10. A letter signed by the applicant stating the tower will comply with all
       FAA regulations and EIA standards and all other applicable federal, state
       and local laws and regulations;

       11. Certification that the antenna usage will not interfere with other
       adjacent or neighboring transmission or reception functions;

       12. Documentation that the telecommunications company is licensed by
       the FCC if required to be licensed under FCC regulations;

        13. Documentation that the applicant, if not the telecommunications
        service provider, has a valid lease agreement with an FCC licensed
        telecommunications provider if such telecommunications provider is
        required to be licensed by the FCC; and
RCC Title 11                            192                 Effective July 22, 2009
Land Development Code                                                 Ordinance No. 836
       14. Documentation as to how the proposed site will fit into the applicant’s
       existing overall network within the city.

11-25-9        Design criteria:

A.     As provided in section 11-25-8, new facilities shall be designed to
       accommodate co-location, unless the applicant demonstrates why such
       design is not feasible for economic, technical, or physical reasons.
B.     Facilities shall be architecturally compatible with the surrounding buildings
       and land uses and screened or otherwise integrated, through location and
       design, to blend in with the existing characteristics of the site.

       1. Setback. A tower’s setback shall be measured from the base of the
       tower to the property line of the parcel on which it is located. Where a
       proposed tower is located on property that is abutting a residential use,
       the tower shall be set back from all property lines a distance equal to 100
       percent of tower height as measured from ground level. Otherwise, all
       towers shall be set back a minimum of 30 feet. WCFs shall not be located
       within the area between the front setback line and the front of the main
       building(s) on a lot. The city may reduce such requirements if:

              a. There are unusual geographical limitations that preclude the
       placement of the facilities in full compliance with the specified setback
       requirement;

              b. The placement of the facilities within the required setback will
       allow for more effective screening and camouflaging of the facilities; and

             c. There will be no significant adverse impact on adjoining
       properties resulting from the reduced setback.

       The city may, on a case-by-case basis, increase the required setbacks for
       WCFs if necessary to ensure that potential impacts on adjoining properties
       are effectively mitigated.

       2. Right-of-Way Setback Exception. The setback requirement is waived if
       the antenna is located on an existing light standard or utility pole in a city
       right-of-way, provided the antennas are limited to a single whip that does
       not exceed 15 feet in height, a tubular antenna that does not exceed 6 feet
       in height, or a micro radio device when the equipment cabinet is
       underground.

        3. Color. Towers shall have a color generally matching the surroundings or
        background that minimizes their visibility, unless a different color is
        required by the FCC or FAA.
RCC Title 11                            193                      Effective July 22, 2009
Land Development Code                                                   Ordinance No. 836
       4. Lights, Signals and Signs. No signals, lights, or signs shall be permitted
       on towers unless required by the FCC or the FAA. Should lighting be
       required, in cases where there are residents located within a distance
       which is 300 percent of the height of the tower, then dual mode lighting
       shall be requested from the FAA.

       5. Equipment Structures. Ground level equipment, buildings, and the
       tower base shall be screened from public view. The standards for the
       equipment buildings are as follows:

               a. The maximum floor area is 300 square feet and the maximum
       height is 12 feet. Depending upon the aesthetics and other issues, the
       city, in its sole discretion, may approve multiple equipment structures or
       one or more larger structures.

               b. Ground level buildings shall be screened from view by landscape
       plantings, fencing, or other appropriate means, as specified herein, unless
       it can be demonstrated that such screening will create a greater negative
       visual impact than an unscreened building.

              c. Equipment buildings mounted on a roof shall have a finish similar
       to the exterior building walls. Equipment for roof-mounted antenna may
       also be located within the building on which the antenna is mounted.

              d. Equipment buildings shall comply with setback requirements
       specified in the underlying zone district and shall be designed so as to
       conform in appearance with nearby residential structures if located within
       a residential zone.

                e. Equipment buildings, antenna, and related equipment shall
       occupy no more than 25 percent of the total roof area of the building the
       facility is mounted on, which may vary in the city’s sole discretion if co-
       location and an adequate screening structure are used.

       6. Federal Requirements. All towers must meet or exceed current
       standards and regulations of the FAA, the FCC, and any other agency of
       the federal government with the authority to regulate towers and antennas.
       If those standards and regulations are changed, then personal wireless
       service providers governed by this chapter shall bring their towers and
       antennas into compliance with the revised standards and regulations
       within three months of their effective date or the timelines provided by the
       revised standards and regulations, whichever time period is longer. The
       revised standards and regulations are not retroactively applicable to
       existing providers, unless otherwise provided or permitted by federal law.
       Failure to bring towers and antennas into compliance with the revised

RCC Title 11                            194                       Effective July 22, 2009
Land Development Code                                                 Ordinance No. 836
       standards and regulations shall constitute grounds for the city to remove a
       provider’s facilities at the provider’s expense.

       7. Building Codes, Safety Standards. To ensure the structural integrity of
       towers, the provider/owner of a tower shall ensure that it is maintained in
       compliance with standards contained in applicable city building codes and
       the applicable standards for towers that are published by the EIA, as
       amended from time to time. If, upon inspection, the city concludes that a
       tower fails to comply with such codes and standards and constitutes a
       danger to persons or property, then upon notice being provided to the
       provider/owner of the tower, the owner shall have 30 days to bring the
       tower into compliance with such standards. If the provider/owner fails to
       bring its tower into compliance within 30 days, the city may remove the
       tower at the provider’s/owner’s expense.

       8. Structural Design. Towers shall be constructed to the EIA standards,
       which may be amended from time to time, and to all applicable
       construction/building codes. Further, any improvements or additions to
       existing towers shall require submission of plans stamped by a licensed
       structural engineer that demonstrates compliance with the EIA standards
       and all other good industry practices. The plans shall be submitted and
       reviewed at the time building permits are requested.

       9. Fencing. A well-constructed wall or wooden fence not less than 6 feet in
       height from the finished grade shall be provided around each WCF.
       Access to the tower shall be through a locked gate. The use of chain link,
       plastic, vinyl, or wire fencing is prohibited unless it is fully screened from
       public view by a minimum 10-foot-wide L1 buffer landscaping strip.

       10. Landscaping/Screening.

              a. Landscaping shall be required to screen WCFs as much as
       possible, to soften the appearance of the cell site. The city may permit any
       combination of existing vegetation, topography, walls, decorative fences or
       other features instead of landscaping, if they achieve the same degree of
       screening as the required landscaping. If the antenna is mounted flush on
       an existing building, and other equipment is housed inside an existing
       structure, landscaping shall not be required.

               b. The visual impacts of a WCF shall be mitigated through
        landscaping or other screening materials at the base of the tower and
        ancillary structures. L1 buffer landscaping shall be required around the
        perimeter of the tower and accessory structures, except that the city may
        waive the standards for those sides of the facility that are not in public
        view. Landscaping and any irrigation deemed necessary by the city shall
        be installed on the outside of fences. Further, existing vegetation shall be
RCC Title 11                             195                       Effective July 22, 2009
Land Development Code                                                     Ordinance No. 836
       preserved to the maximum extent practicable and may be used as a
       substitute for, or as a supplement to, landscaping requirements. In the
       event that landscaping is not maintained at the required level, the city after
       giving 30 days’ advance written notice may maintain or establish the
       landscaping and bill both the owner and lessee for such costs until such
       costs are paid in full.

       11. Tower and Antenna Height.

              a. The applicant shall demonstrate that the tower and antenna are
       the minimum height required to function satisfactorily. No tower or
       antenna that is taller than this minimum height shall be approved. No
       tower or mount shall exceed 110 feet in the MU, C and LI zones.

                b. A variance from the height limit may be granted if the applicant
       can show by clear and convincing evidence that the additional height is
       necessary to provide adequate service to the residents of the city and no
       other alternative is available. When granting a variance the hearing
       examiner or city planner shall require that a significant portion of the tower
       and related facilities be screened by existing trees or existing structures.
       Generally, this means that all but the top 15 feet of the tower and related
       facilities shall be screened by existing trees or existing structures.
       Variance criteria are listed in section 11-25-13.

       12. Antenna Support Structure Safety. The applicant shall demonstrate
       that the proposed antenna and support structure are safe and the
       surrounding areas will not be negatively affected by support structure
       failure, falling ice, or other debris or interference. All support structures
       shall be fitted with anti-climbing devices, as approved by the
       manufacturers.

       13. Antenna Criteria. Antenna on or above a structure shall be subject to
       the following:

              a. The antenna shall be architecturally compatible with the building
       and wall on which it is mounted, and shall be designed and located so as
       to minimize any adverse aesthetic impact.

               b. The antenna shall be mounted on a wall of an existing building in
        a configuration as flush to the wall as technically possible and shall not
        project above the wall on which it is mounted unless it must be for
        technical reasons. In no event shall an antenna project more than 16 feet
        above the roof line including parapets. An antenna may project into a
        required building setback a distance not to exceed that allowed for
        architectural projections in the underlying zoning district; provided, that
        such encroachment is required for technical reasons.
RCC Title 11                             196                      Effective July 22, 2009
Land Development Code                                                    Ordinance No. 836
             c. The antenna shall be constructed, painted, or fully screened to
       match as closely as possible the color and texture of the building and wall
       on which it is mounted.

              d. The antenna may be attached to an existing conforming
       mechanical equipment enclosure which projects above the roof of the
       building, but may not project more than 16 feet above the roof line of the
       building including parapets but excluding the enclosure.

              e. If an accessory equipment shelter is present, it must blend with
       the surrounding buildings in architectural character and color.

              f. The structure must be architecturally and visually (color, size,
       bulk) compatible with surrounding existing buildings, structures,
       vegetation, and uses. Such facilities will be considered architecturally and
       visually compatible if they are camouflaged to disguise the facility.

               g. Site location and development shall preserve the pre-existing
       character of the site as much as possible. Existing vegetation should be
       preserved or improved, and disturbance of the existing topography of the
       site should be minimized, unless such disturbance would result in less
       visual impact of the site on the surrounding area. The effectiveness of
       visual mitigation techniques must be evaluated in advance by the city,
       relative to its applicable standards and guidelines.

              h. Antennas attached to a city water tank shall be limited to whip
       antenna(s) or panel antenna(s) mounted on the side of the tank and shall
       not extend more than 10 feet above the top of the tank.

             i. Signs, banners or similar devices or materials may not be
       attached to the tower, antenna support structures or antennas.

              j. Antenna, antenna arrays, and support structures not on publicly-
       owned property shall not extend more than 16 feet above the highest point
       of the structure on which they are mounted. The antenna, antenna array,
       and their support structure shall be mounted so as to blend with the
       structure to which the antenna is attached. The antenna and its support
       structure shall be designed to withstand a wind force of 100 miles per hour
       without the use of supporting guy wires. The antenna, antenna array, and
       their support structure shall be a color that blends with the structure on
       which they are mounted.

              k. Guy Wires Restricted. No guy or other support wires shall be
       used in connection with such antenna, antenna array, or its support
       structure permitted pursuant to subsection (k) except when used to anchor

RCC Title 11                           197                       Effective July 22, 2009
Land Development Code                                                Ordinance No. 836
       the antenna, antenna array, or support structure to an existing building to
       which such antenna, antenna array, or support structure is attached.

              l. No antenna shall be permitted on property designated as an
       individual landmark or within the Western Design Overlay, unless such
       antenna is camouflaged in accordance with applicable design standards
       and guidelines.

              m. All personal wireless service providers or lessees or agents
       thereof shall cooperate in good faith to accommodate co-location with
       competitors. If a dispute arises about the feasibility of co-locating, the city
       planner may require a third party technical study, at the expense of either
       or both parties, to resolve the dispute.

               n. All personal wireless service providers or lessees shall assure
       that their antenna complies at all times with the current applicable FCC
       standards. After installation, but prior to putting the antenna in service,
       each provider shall submit a certification by an independent professional
       radio frequency (RF) engineer to that effect. In the event that an antenna
       is co-located with another antenna, the certification must provide
       assurances that FCC approved levels of electromagnetic radiation will not
       be exceeded by the co-location.

              o. No antenna shall cause localized interference with the reception
       of any other communications signals including, but not limited to, public
       safety, television, and radio broadcast signals.

             p. No person shall locate an antenna or tower for wireless
       communications services upon any lot or parcel except as provided in this
       chapter.

       14. Noise. No equipment shall be operated so as to produce noise in
       violation of the maximum noise levels set forth in Chapter 173-60 WAC or
       the city’s noise regulations.

11-25-10       Permits required:

A.     A conditional use permit is required for a WCF that includes a tower or
       antenna support structure and is located within an MU, C or LI zone.

B.     An administrative use permit is required in all zones for a WCF that does
       not include a new tower.

C.     An administrative use permit is required for modification of an existing
       WCF to accommodate co-location.

RCC Title 11                             198                       Effective July 22, 2009
Land Development Code                                                  Ordinance No. 836
D.     The city planner may administratively approve minor modifications to an
       approved WCF that do not alter bulk, dimensions or use, without requiring
       a new administrative use permit or conditional use permit.

11-25-11      Variances: Major and minor variances from the provisions of this
chapter shall be processed in accordance with this title and may be granted by
the hearing examiner or city planner respectively upon making the following
findings:

A.     The granting of the variance will facilitate the installation of facilities which
       represent a positive design improvement over what would otherwise be
       permitted by this chapter.

B.     The granting of the variance is necessary for adequate service to be
       provided to residents of the city, and no alternative locations or designs
       are available to provide an adequate level of service to the city.

C.     Such variance is necessary because of special circumstances relating to
       the size, shape, topography, location or surroundings of the subject
       property.

D.     The granting of the variance will not be materially detrimental to the public
       welfare or injurious to property or improvements in the vicinity in which the
       subject facilities would be located.

11-25-12       Inspection requirements: Each year after a facility becomes
operational, the facility operator shall conduct a safety inspection in accordance
with the EIA and FCC standards and within 30 days of the inspection file a report
with the city clerk-treasurer. Submission of a copy of FCC required, and duly
filed, safety inspection report, or the facility operator’s maintenance reports for
the prior 12 months in the event no FCC report is required for such year, shall
satisfy the requirements of this section.

11-25-13    Requirements for siting on city property: The placement of
WCF on city-owned property must comply with the following requirements:

A.     The facilities will not interfere with the purpose for which the city-owned
       property is intended;

B.     The facilities will have no significant adverse impact on surrounding
       private property;

C.      The applicant shall obtain liability insurance deemed adequate by the city,
        provide proof of such insurance upon request by the city, and commit to a
        lease agreement which includes equitable compensation for the use of
        public land and other necessary provisions and safeguards. The city shall
RCC Title 11                               199                   Effective July 22, 2009
Land Development Code                                                   Ordinance No. 836
       establish fees after considering comparable rates in other cities, potential
       expenses, risks to the city, and other appropriate factors;

D.     The applicant will submit a letter of credit, performance bond, or other
       security acceptable to the city to cover the costs of removing the facilities;

E.     The lease shall provide that the applicant must agree that in the case of a
       declared emergency or documented threat to public health, safety or
       welfare and following reasonable notice, the city may require the applicant
       to remove the facilities at the applicant’s expense;

F.     The applicant must reimburse the city for any related costs which the city
       incurs because of the presence of the applicant’s facilities;

G.     The applicant must obtain all necessary land use approvals; and

H.     The applicant must cooperate with the city’s objective to encourage co-
       locations and thus limit the number of cell sites requested, or camouflage
       the site.

11-25-14       Non-use/abandonment:

A.     Abandonment. No less than 30 days prior to the date that a personal
       wireless service provider plans to abandon or discontinue operation of a
       WCF, the provider must notify the city of Roy by certified U.S. mail of the
       proposed date of abandonment or discontinuation of operation. In the
       event that a licensed carrier fails to give notice, the WCF shall be
       considered abandoned upon the city’s discovery of discontinuation of
       operation. Upon such abandonment, the provider shall have 90 days or
       additional period of time determined in the reasonable discretion of the city
       within which to:

       1. Reactivate the use of the facility or transfer the facility to another
       provider who makes actual use of the facility.

        2. In the event that abandonment as defined in this chapter occurs due to
        relocation of an antenna at a lower point on the antenna support structure,
        reduction in the effective radiated power of the antenna or reduction in the
        number of transmissions from the antennas, the operator of the tower
        shall have 180 days from the date of effective abandonment to co-locate
        another service on the tower. If another service provider is not added to
        the tower, then the operator shall promptly dismantle and remove that
        portion of the tower that exceeds the minimum height required to function
        satisfactorily. Notwithstanding the foregoing, changes that are made to
        WCFs that do not diminish their essential role in providing a total system
        shall not constitute abandonment. However, in the event that there is a
RCC Title 11                              200                     Effective July 22, 2009
Land Development Code                                                    Ordinance No. 836
       physical reduction in height of substantially all of the provider’s towers in
       the city or surrounding area then all of the towers within the city shall
       similarly be reduced in height, unless the provider demonstrates to the
       satisfaction of the city that a high tower site remains necessary to ensure
       full coverage in the community without having to build additional sites.

       3. Dismantle and remove facility. If the tower, antenna, foundation, and
       facility are not removed within the 90-day time period or additional period
       of time allowed by the city, the responsibility for removal falls upon the
       landholder of the property on which the facility has been located. If the
       landholder fails to remove the facility within 90 additional days, the city
       may cause such tower, antenna, foundation, and related facility to be
       removed at the provider’s expense; provided, however, that recovery of
       expenses shall be limited to reasonable and documented costs of
       removal. If there are two or more providers co-locating on a facility, except
       as provided for in the paragraph above, this provision shall not become
       effective until all providers cease using the facility.

B.     At the earlier of 90 days from the date of abandonment without
       reactivating or upon completion of dismantling and removal, city approval
       for the facility shall automatically expire, unless an extension is granted by
       the city.

11-25-15       Third party review:

A.     Personal wireless service providers use various methodologies and
       analyses, including geographically-based computer software, to determine
       the specific technical parameters of their services and low power mobile
       radio service facilities, such as expected coverage area, antenna
       configuration, topographic constraints that affect signal paths, etc. In
       certain instances, a third party expert may need to review the technical
       data submitted by a provider. The city may require a technical review as
       part of a permitting process. The costs of the technical review shall be
       borne by the provider.

B.     The selection of the third party expert may be by mutual agreement
       between the provider and the city, or at the discretion of the city, with a
       provision for the provider and interested parties to comment on the
       proposed expert and review its qualifications. The expert review is
       intended to address interference and public safety issues and be a site-
       specific review of technical aspects of the facilities or a review of the
       provider’s methodology and equipment used and not a subjective review
       of the site which was selected by a provider. Based on the results of the
       expert review, the city may require changes to the provider’s application.
       The expert review shall address the following:

RCC Title 11                            201                        Effective July 22, 2009
Land Development Code                                                  Ordinance No. 836
       1. The accuracy and completeness of submissions;

       2. The applicability of analysis techniques and methodologies;

       3. The validity of conclusions reached; and

       4. Any specific technical issues designated by the city.




RCC Title 11                            202                       Effective July 22, 2009
Land Development Code                                                 Ordinance No. 836
CHAPTER 11-26           SIGNS

SECTION:
11-26-1        Purpose
11-26-2        Applicability
11-26-3        Application procedures
11-26-4        Permit requirements
11-26-5        Submittal requirements
11-26-6        Regulations by district
11-26-7        Sign design standards
11-26-8        Master sign plans
11-26-9        Nonconforming signs
11-26-10       Exemptions
11-26-11       Prohibited signs
11-26-12       Variances
11-26-13       Compliance and enforcement
11-26-14       Liability of city

11-26-1:      PURPOSE: The purpose of this chapter is to provide for the
reasonable display of signs necessary for public service or the conduct of
business. The regulations enacted herein are necessary to protect the safety and
welfare of the public and to maintain an attractive appearance in the community.
This chapter authorizes and regulates the use of signs visible from a public right-
of-way and/or adjacent property to:

A.     Provide a reasonable balance between the right of an individual to identify
       a business and the right of the public to be protected against the
       unrestricted proliferation of signs;

B.     Support the economic well-being of businesses by allowing businesses to
       identify their premises and advertise products and services;

C.     Provide minimum standards to safeguard life, health, property and the
       general welfare by regulating and controlling the design, quality of
       materials, construction, location, electrification and maintenance of all
       signs and sign structures;

D.     Ensure that signs are compatible with adjacent land uses;

E.     Protect the public from hazardous conditions resulting from signs that are
       structurally unsafe, obscure vision of motorists, distract motorists, or
       interfere with traffic signs and signals;

F.     Minimize overhead clutter for drivers and pedestrians;


RCC Title 11                           203                       Effective July 22, 2009
Land Development Code                                                Ordinance No. 836
G.     Provide for types and sizes of signs appropriate to the land uses and
       zoning districts of the city;

H.     Provide for the orderly and reasonable elimination of existing signs that
       are not in conformance with this chapter to protect the public health,
       safety, and welfare;

I.     Implement the goals and policies of the Roy comprehensive plan;

J.     Protect property values by encouraging signs that are appropriate in both
       scale and design to surrounding buildings and landscape and by
       discouraging a needless proliferation of the number of signs; and

K.     Assure equal protection and fair treatment under the law through
       consistent application of the regulations and consistent enforcement.

11-26-2:       APPLICABILITY:

A.     Any sign placed, erected, relocated, enlarged, structurally changed,
       painted, or altered in the city must conform to the standards and
       procedures described herein. As applied in this title, a "sign" is defined as
       any device, structure, fixture or placard that uses words, letters, numbers,
       symbols, graphic designs, logos, or trademarks for the purpose of: 1)
       providing information or directions; or 2) identifying or advertising any
       place, establishment, product, goods, or service. Other terms relating to
       signs as applied in this title are described in chapter 11-3 “Definitions".

B.     Certain signs are allowed without city approval or a city permit; others are
       prohibited because they are inconsistent with the purpose and scope of
       this title. All nonexempt, allowable temporary and permanent signs are
       regulated by this chapter and must meet the specifications and city permit
       or approval requirements described in this chapter.

C.     Business establishments located within the western design overlay district
       shall use signs of the style and lettering that were used in the western
       period, consistent with chapter 11-19.

11-26-3:      APPLICATION PROCEDURES: Sign permit review is classified as
a Type I application. The processing procedures for this type of application are
described in chapters 11-4, 11-5, 11-6, 11-7, 11-8 and 11-9.

11-26-4:       PERMIT REQUIREMENTS:

A.      No sign shall hereafter be erected, re-erected, constructed, altered, or
        maintained, except as provided by this chapter. A sign permit shall be
        obtained prior to any sign being erected, re-erected, constructed, or
RCC Title 11                          204                      Effective July 22, 2009
Land Development Code                                                 Ordinance No. 836
       altered, unless said sign is exempt from the permit requirements of this
       chapter pursuant to section 11-26-10. In addition, a building permit shall
       be obtained prior to the installation or modification of any sign for which a
       building permit is required under the International Building Code. A
       separate permit shall be required for each non-exempt sign installed,
       except if a sign is part of a group of signs being installed at one time on a
       single supporting structure, only one permit shall be required.

B.     Discretionary Permits: The city planner may require that any signage that
       is a part of a proposed use or development that is subject to administrative
       use permit, conditional use permit, site plan or planned development
       review, be reviewed for approval in conjunction with the applicable
       discretionary permit to ensure an effective, coordinated signage program
       for the proposed use or development.

11-26-5:    SUBMITTAL REQUIREMENTS: Application for a sign permit shall
be submitted on forms provided by the City Clerk-Treasurer with the following
items:

A.     Three copies of a scaled site plan showing the location of the affected lot,
       building(s) and sign(s);

B.     Three copies of a scaled drawing of the proposed sign or sign revision
       showing dimensions, area, height, structural footing details, method of
       attachment, type of illumination, and other construction details;

C.     Three copies of supporting documentation including material
       specifications, calculation for dead load and wind pressure, photographs
       of site and building marked to show where sign is proposed, and any other
       information required by the city planner to ensure compliance with
       applicable code requirements;

D.     Written consent of the sign owner and the owner of the building, structure,
       or property where the sign is to be erected;

E.     A nonrefundable filing fee in accordance with the planning services fee
       schedule established by council resolution;

F.     Documentation demonstrating the sign installer has a valid Washington
       State contractor’s license when a sign requires a building permit, unless
       the sign is being installed by the owner of the sign.

The city planner may waive submission of specific plans, specifications or
supporting documentation when such information is not necessary to determine
compliance with applicable code requirements.

RCC Title 11                            205                       Effective July 22, 2009
Land Development Code                                                 Ordinance No. 836
11-26-6:       REGULATIONS BY DISTRICT:

A.     Signs located in residential districts and for residential uses in other
       districts:

       1. Identification signs for single-family dwellings and duplexes: One
       identification sign shall be permitted for each unit, not to exceed an area of
       3 square feet. Freestanding signs shall not exceed a height of 6 feet, and
       shall be unlighted or provided with indirect illumination. Home occupations
       shall not be allowed additional sign area.

       2. Identification signs for multi-family dwellings: One identification sign
       shall be permitted for each development except that multi-family dwellings
       with more than one street frontage may be allowed an additional sign for
       each street frontage. Each sign shall not exceed an area of 25 square
       feet, may be a wall or freestanding sign, shall be unlighted or indirectly
       lighted, and shall not exceed a height of 6 feet if a freestanding sign.

B.     Signs located in non-residential districts and for nonresidential uses in the
       MU district.

       1. Single-tenant properties.

               a. Identification Signs:

                        i. Each site or property may have one freestanding sign, not
                        to exceed 10 feet in height. On a corner lot, a sign is
                        allowed on each street frontage provided the o signs are at
                        least 100 feet apart. The maximum sign area permitted for
                        each freestanding sign shall not exceed 32 square feet.

                        ii. Each building may have wall signs, provided the total area
                        of all signs, graphics or other advertising shall not exceed
                        15% of the facade to which they are attached or displayed.

                        iii. On properties where a freestanding sign cannot be
                        erected due to setback requirements or building placement,
                        a projecting sign may be allowed in lieu of the permitted
                        freestanding sign. The maximum area for a projecting sign
                        may not exceed 15 square feet.

       2. Multi-tenant properties.

               a. Identification Signs:


RCC Title 11                              206                       Effective July 22, 2009
Land Development Code                                                   Ordinance No. 836
                        i. Each site or property may have one freestanding sign, not
                        to exceed 10 feet in height. On a corner lot, a sign is allowed
                        on each street frontage provided the two signs are at least
                        100 feet apart. One additional freestanding sign is permitted
                        on each frontage exceeding 300 feet in length provided the
                        signs are at least 100 feet apart. The sign area permitted for
                        each freestanding sign shall not exceed 30 square feet for
                        the first tenant and an additional 6 square feet for each
                        additional tenant up to a maximum of 60 square feet.

                        ii. Each building may have wall signs, provided the total area
                        of all signs, graphics or other advertising shall not exceed
                        15% of the facade to which they are attached or displayed.

                        iii. On properties where a freestanding sign cannot be
                        erected due to setback requirements or building placement,
                        a projecting sign may be allowed in lieu of the permitted
                        freestanding sign. The maximum area for a projecting sign
                        may not exceed 15 square feet.

11-26-7:       SIGN DESIGN STANDARDS: The size and placement of signs
are regulated to maintain a safe and attractive community and to facilitate
attention to their messages. The following standards are intended to aid the sign
user, sign maker and the city in determining the maximum size and appropriate
location of permitted signs.

A.     Area of Signs.

       1. The area of a sign means the area within a continuous perimeter
       enclosing the outer limits of the sign face, but not including structural
       elements that are not a part of the display.

       2. Where a sign consists of individual letters and/or logo affixed directly to
       a building canopy, awning or building surface, the area of the sign shall be
       computed by measuring the area of the envelope required to enclose the
       lettering and/or logo.

       3. When two identical sign faces are placed back to back, the sign area
       shall be computed by the measurement of one of the sign faces. No more
       than two faces are permitted per freestanding sign.

B.      Height of Signs. Maximum height of all freestanding signs or any part of
        the freestanding sign structure shall be 10 feet. Sign height shall be
        measured from the average finished grade at the sign foundation. The
        average finished grade for signs on grades lower than the adjacent right-
        of-way shall be considered the same as the average grade of the adjacent
RCC Title 11                            207                     Effective July 22, 2009
Land Development Code                                                   Ordinance No. 836
       right-of-way. See the diagram following subsection (F) of this section for
       grade exceptions.

C.     Width of Signs. The maximum width of a freestanding sign structure shall
       be 12 feet. Sign width shall be measured on the face side of the sign from
       one side of the face or any part of the sign structure to the farthest point
       on the opposite side of the face or part of the sign structure.

D.     Setbacks for Signs. All freestanding signs shall maintain at least a 5-foot
       setback and shall not obstruct the clear vision triangle as specified in
       section 11-22-5. No sign shall be located within the clear vision triangle
       unless the city engineer determines the sign will not constitute a traffic or
       pedestrian safety hazard in accordance with section 11-22-5.

E.     Designs for Freestanding Signs Allowed. Freestanding signs shall use
       pedestal, pylon or monument designs. Pole signs are not allowed except
       under subsection (F) of this section. Except as provided in subsection (F),
       all pole or pylon signs shall be supported by two or more supports. The
       following drawings illustrate the dimensional standards for pedestal, pylon
       and monument signs:




                           Pedestal Sign




RCC Title 11                            208                       Effective July 22, 2009
Land Development Code                                                 Ordinance No. 836
                           Pylon Sign




                           Monument Sign




F.     Grade Exception. When the elevation at the base of a freestanding sign is
       at least five feet below the elevation of the adjacent road, a single pole
       may be used to support the sign provided the portion of the sign above the
       elevation of the adjacent roadway has the appearance of a monument
       sign. See figure below.



RCC Title 11                            209                     Effective July 22, 2009
Land Development Code                                               Ordinance No. 836
G.     Location: No sign shall be located so as to physically obstruct any door or
       exit from a building. No sign shall be located so as to be hazardous to a
       motorist's ingress or egress from parking areas or any way open to the
       public.

H.     Sign Base. The base of the sign must be constructed of landscape
       materials such as brick, stucco, stonework, textured wood, tile or textured
       concrete or materials that are harmonious with the character of the
       primary structures on the subject property. Materials that differ from the
       primary structure are subject to the city planner’s approval. No visible gap
       shall be allowed between the sign base and the finished grade or between
       the sign face or cabinet and the sign base except as provided in this
       chapter.

I.     Sign Face. The color, shape, material, lettering and other architectural
       details of the sign face must be harmonious with the character of the
       primary structure.

J.     Landscaping around Freestanding Signs: An area around the base of
       each freestanding sign equal to twice the sign area must be landscaped to
       improve the overall appearance of the sign and to reduce the risk of
       automobiles hitting the sign or supports of the sign. This landscaping must
       include a minimum of one shrub per 30 square feet of planting area and
       groundcover that provides dense coverage of areas not planted in shrubs.
       The landscaping may include other materials and components such as
       planter boxes or decorative framing.

K.     Illumination: Signs may be illuminated only during those hours that the
       business being advertised is open for business. It is the intent of this
       provision to allow illuminated signs and to ensure they do not create glare
       or unduly illuminate the surrounding area. The applicant shall provide the
       city planner with sufficient technical and design information to demonstrate
       the following provisions are met:

       1. Externally Illuminated Signs.

              a. Lighting fixtures illuminating signs shall be carefully located,
        aimed, and shielded so that light is directed only onto the sign facade.
RCC Title 11                            210                     Effective July 22, 2009
Land Development Code                                                  Ordinance No. 836
       Lighting fixtures shall not be aimed toward adjacent streets, road, or
       properties.
              b. Light fixtures illuminating signs shall be of a type such that the
       light source (bulb) is not directly visible from adjacent streets, roads, or
       properties.
              c. To the extent practicable, fixtures used to illuminate signs shall
       be top-mounted and directed downward (i.e., below the horizontal).

       2. Internally Illuminated Signs. In order to prevent an internally illuminated
       sign from becoming a light fixture in its own right, it is the intent of this
       provision that such signs consist of light lettering or symbols on a dark
       background. Internally illuminated signs should conform to the following:

               a. Individual pan-channel sign graphics and emblems;
               b. Individual sign graphics using “halo” or “silhouette” lighting;
               c. Only text and graphics may be internally illuminated; the sign
       face must remain opaque, and be sealed at the seams to avoid light leaks;
               d. Awning signs may be illuminated, provided the awning material is
       completely opaque; only the sign graphics on awnings may be translucent
       and illuminated.

              e. Wall signs may be internally illuminated if the background does
       not emit light, the background constitutes a minimum of 80 percent of the
       sign area, and the illumination source is shielded.

       3. All illumination shall be a steady, continuous burning bulb or light with
       the exception of time and temperature signs.

L.     Construction Standards:

       1. General Requirements: Every sign, and all parts, portions, and
       materials shall be manufactured, assembled, and erected in compliance
       with all applicable state, federal and city regulations and the international
       building code.

       2. Structural Components: To the maximum extent possible, signs should
       be constructed and installed so that angle irons, guy wires, braces and
       other structural elements are not visible. This limitation does not apply to
       structural elements that are an integral part of the overall design such as
       decorative metal or wood.

11-26-8:       MASTER SIGN PLANS:

A.      Before a sign permit may be issued for any commercial multi-tenant
        building constructed after the effective date of this chapter, or for any
        existing multi-tenant building whose exterior will be altered to the degree
RCC Title 11                             211                       Effective July 22, 2009
Land Development Code                                                     Ordinance No. 836
       that existing signage will be replaced, a master sign plan shall be
       submitted to, and approved by, the city. Master sign plans shall be
       approved through the site plan review, planned development review, or
       conditional use permit process, as appropriate. Existing multi-tenant
       buildings may have master sign plans approved by the city planner in
       order to simplify the permitting process for individual signs at a later date.
       Individual buildings located within a multi-building complex may have
       separate master sign plans.

B.     Master sign plans shall indicate the amount, location, and type of signage
       allocated to each tenant space. The number of sign types, such as awning
       signs, cabinet signs, individual graphics, pan-channel sign graphics,
       sandblasted or carved wood signs, flat wood signs with hand painted or
       vinyl graphics, and neon signs, shall be limited to ensure visual continuity
       from one tenant space to the next within a building. If more than one sign
       type is used on a single building, the sign types shall have at least two of
       the following design elements in common with each other:

       1. Common colors on the background or text;
       2. Common lettering style;
       3. Common size (e.g., a specified height common to each sign); or
       4. Common materials.

11-26-9:     NONCONFORMING SIGNS:            Nonconforming signs shall be
allowed to remain except that a nonconformance shall be corrected when:

A.     The structure housing or supporting the sign is altered either by increasing
       the gross floor area or making improvements the fair market value of
       which exceeds 25% of the assessed or appraised value of the structure;

B.     The property containing the sign is abandoned for 90 or more consecutive
       days or if the activity conducted on the property ceases for 180
       consecutive days.

C.     The sign or sign structure is moved, removed or structurally altered. A
       change of copy that does not alter the sign cabinet, structure or other sign
       components is not considered an alteration that triggers the requirement
       that a nonconforming sign be brought into conformance.

11-26-10:     EXEMPTIONS: The following signs are allowed without obtaining
city approval or a city permit. Such signs shall conform to any limitations and
requirements described in chapter 11-26. Unless otherwise indicated, all signs
are allowed only on the subject property and must be kept out of any public right
of way.


RCC Title 11                            212                        Effective July 22, 2009
Land Development Code                                                  Ordinance No. 836
A.     A-board signs. One per business, not to exceed 6 square feet per face,
       not to be placed in public right of way or sight obscuring.

B.     Address identification, with numbers and letters not more than 10 inches
       in height.

C.     Barbers' poles.

D.     Content identification, for separate purpose devices such as phone
       booths, product dispensers, recycling containers, collection containers,
       gas pumps, etc., indicating only the contents or purpose of the device.

E.     Construction project signs. Such signs shall be limited to one sign per
       project, identifying all contractors and related parties. Each sign shall not
       exceed 32 square feet per sign face and 5 feet in height. Signs shall not
       be displayed prior to issuance of a building permit and shall be removed
       prior to issuance of a certificate of occupancy or a permit being finaled.

F.     Directional signs (on-site), to direct vehicular or pedestrian traffic to
       parking areas, loading areas or certain buildings or locations on the site.
       Each sign shall not exceed 4 square feet in area.

G.     Flags (official), of any nation, government, educational institution or
       noncommercial organization.

H.     Fuel price signs. Such signs shall be located on the property where fuel is
       sold, are limited to one sign per street frontage or entrance, and are
       limited to 10 square feet per sign. A fuel price sign that is a component of
       a freestanding sign for which a permit is required counts toward the
       maximum sign area allowed for the freestanding sign.

I.     Gravestones or other memorial displays associated with cemeteries or
       mausoleums.

J.     Historical site plaques and signs integral to a historic building.

K.     Holiday decorations, displayed in conjunction with holidays.

L.     Integral design features, when such features are an essential part of the
       architecture of a building and do not represent a product, service or
       registered trademark, such as murals or wall art. May be subject to city
       approval.




RCC Title 11                             213                        Effective July 22, 2009
Land Development Code                                                   Ordinance No. 836
M.     Incidental signs (such as credit card signs) attached to a structure or
       building, providing that the total of all such signs per use or business shall
       not exceed 2 square feet.

N.     Interior signs, located completely within a building or structure and not
       visible from outside the structure (exclusive of window signs).

O.     Nameplates, identifying the occupants of a building, not to exceed 2
       square feet per sign face.

P.     "Open house" real estate signs. Portable or temporary signs with an area
       no greater than 6 square feet per sign face.

Q.     Political signs, temporary signs directly associated with national, state, or
       local elections. Maximum area per sign is limited to 6 square feet. No
       political sign shall be displayed later than 7 days after a final election.

R.     Private advertising ("garage sale", "lost dog", etc.). A temporary sign
       limited to 8 square feet per sign face and 5 feet in height. Signs relating to
       the sale, lease or rent of a vehicle to which signs are attached are
       allowed. Signs must be removed at end of event, use or condition. Every
       private advertising sign must contain the address of the event or
       advertiser. Special events shall not exceed 30 days.

S.     Public signs, including traffic signs, directional signs, warning signs,
       informational signs, and signs displaying a public service message when
       any of these signs is installed by a governmental agency or public utility.

T.     Real estate signs (off-site). Portable signs that advertise the rental, sale
       or lease of properties. The number of such signs shall be limited to one
       per unit, use or development. For dwelling units, the sign shall not exceed
       6 square feet per sign face; for other uses and developments, the size
       shall not exceed 32 square feet per sign face. All off-site real estate signs
       shall be removed when property is sold, leased, or rented.

U.     Real estate signs (on-site). Temporary or portable signs placed on subject
       property that advertise the rental, sale or lease of the properties. The
       number of such signs shall be limited to one per unit, use or development.
       For dwelling units, the sign shall not exceed 6 square feet per sign face;
       for other uses and developments, the size shall not exceed 32 square feet
       per sign face. All on-site real estate signs shall be removed when
       property is sold, leased, or rented; provided, that subdivision real estate
       signs shall be removed no later than 12 months from the date of the
       recording of the final map of the subdivision.

V.     Warning signs, including "no trespassing", "no hunting" and "no dumping".
RCC Title 11                           214                       Effective July 22, 2009
Land Development Code                                                   Ordinance No. 836
W.     Window signs, not exceeding 3 square feet and limited to business
       identification, hours of operation, address, and emergency information.

11-26-11:      PROHIBITED SIGNS:

The following signs are inconsistent with the purpose and scope of this title and
are, therefore, prohibited in all zones within the city:

A.     Abandoned, dilapidated, or non-maintained signs.

B.     Animated or moving signs, including any sign that rotates, turns or moves
       by electrical, electronic, or mechanical means, including normal wind
       movement. Exceptions: Barbers' poles; time and temperature or other
       public informational displays that do not advertise a specific company or
       commodity are allowed.

C.     Billboards.

D.     Flashing signs.

E.     Obstructing signs that interfere with free access to or egress from a
       required exit from a building or structure.

F.     Snipe signs. Signs posted on trees, fences, public benches, light posts or
       utility poles, except those posted by a government or public utility.

G.     Parked vehicle signs. Any sign attached to, or placed on, a parked vehicle
       or truck trailer that is being used principally for advertising purposes,
       rather than transportation.     See also definition of “Sign, Private
       Advertising” in chapter 11-3.

H.     Portable signs, except as expressly allowed in other subsections of this
       title.

I.     Private signs in a public right-of-way.

J.     Searchlights or beacons, except as allowed for special events such as
       grand openings, etc.

K.     Simulations of traffic signs. Any sign using the words "stop", "look" or
       "danger", or any other words, symbols, or characters in such a manner as
       to interfere with, mislead or confuse pedestrian or vehicular traffic.

L.     Roof signs. A sign erected or placed on the roof above the eaves or
       parapet of a building or structure.

RCC Title 11                             215                    Effective July 22, 2009
Land Development Code                                               Ordinance No. 836
11-26-12:     VARIANCES: A variance requested from any requirement in this
chapter shall be processed in accordance with chapter 11-32, except that the
criteria for variance approval listed in section 11-32-3 shall not be used to
determine whether a variance may be granted. Instead, a variance may only be
approved if all of the following criteria are satisfied:

A.     The granting of the variance would not be materially detrimental to the
       property owners in the vicinity and the variance sought is of minimum sign
       size, height, and scope to meet the conditions and needs of the applicant;

B.     The granting of the variance would not be contrary to the objectives of this
       chapter;

C.     The signage of the property in question cannot be adequately met under
       the literal interpretation and strict application of the chapter; and

D.     The granting of the variance is necessary because of special
       circumstances relating to the property location, topography, shape and
       size, site distance and limited view to property.

11-26-13:      COMPLIANCE AND ENFORCEMENT:

A.     Compliance with Other Applicable Ordinances: All signs constructed or
       altered under this title must comply with all applicable state and local
       regulations relating to signs and signage.

B.     Sign Maintenance and Removal:

       1. All signs must be kept in good repair and in a safe manner at all times.
       The property owner must repair damaged or deteriorated signs within 30
       days of notification by the city. The area surrounding ground mounted
       signs must be kept free of litter and debris at all times and required
       landscaping must be maintained in good condition.

       2. Unless otherwise specified in or through this title, the property owner
       must remove all signs within 30 days of the date of the closure or
       discontinuance of the business, use or event with which the signs were
       associated. Failure to maintain a sign in a safe condition and in good
       repair shall be grounds for revocation of a sign permit.

C.     Inspection:

        1. The city shall inspect all signs for which a permit has been issued.
        Approval shall be granted only if the sign has been constructed in
        compliance with the approved plans and applicable zoning ordinance and
        other applicable regulations.
RCC Title 11                             216                    Effective July 22, 2009
Land Development Code                                                  Ordinance No. 836
       2. In cases where fastenings or anchorages are to be eventually bricked in
       or otherwise enclosed, the sign erector shall advise the city when such
       fastenings are to be installed so that inspection may be completed before
       enclosure.

       3. It shall be the responsibility of the property owner or an authorized
       representative to establish and clearly mark out any property line from
       which a sign setback measurement shall be taken. In the event of a
       dispute or discrepancy in the establishment of the property lines involved,
       the city planner or building official may order an independent survey to
       ensure compliance with this chapter. The survey cost shall be charged to
       the sign applicant.

11-26-14:     LIABILITY OF CITY: The sign regulations shall not be construed to
relieve from or lessen the responsibility of any person owning, building, altering,
constructing or moving any sign in the city for damages to anyone injured or
damaged either to person or property by any defect therein; nor shall the city, or
any agent thereof, be held as assuming such liability by reason of a permit or
inspection authorized in this title or a certificate of inspection issued by the city or
any of its agents.




RCC Title 11                              217                        Effective July 22, 2009
Land Development Code                                                    Ordinance No. 836
CHAPTER 11-27           DESIGN   STANDARDS    AND    GUIDELINES                 FOR       Formatted: Font: (Default) Arial
                        SMALL LOT AND MULTI-FAMILY DEVELOPMENT                            Formatted: Font: (Default) Arial
                                                                                          Formatted: Font: (Default) Arial
SECTION:
11-27-1        Purpose
11-27-2        Authority
11-27-3        Design standards and guidelines adopted                                    Formatted: Font: (Default) Arial, Bold
11-27-4        Applicability

11-27-1     Purpose: The purpose of this chapter is to establish design                   Formatted: Font: (Default) Arial
standards and guidelines that will apply to specific types of residential
development, including small lot and multi-family development.                            Formatted: Font: (Default) Arial
                                                                                          Formatted: Font: (Default) Arial
11-27-2      Authority: The provisions of this chapter shall augment other                Formatted: Font: (Default) Arial
requirements in this title. When provisions included in these design standards            Formatted: Font: (Default) Arial
and guidelines conflict with other requirements of this title, these standards and
guidelines shall apply unless otherwise provided.

11-27-3       Design standards and guidelines adopted: The “City of Roy                   Formatted: Font: (Default) Arial, Bold
Design Standards and Guidelines for Small Lot and Multi-family Development”,              Formatted: Font: (Default) Arial
as shown in Exhibit “X” to Ordinance No. “XXX” and incorporated in this section           Formatted: Font: (Default) Arial
by reference, is hereby adopted and codified within this title.                           Formatted: Font: (Default) Arial
                                                                                          Formatted: Font: (Default) Arial
11-27-4       Applicability: The design standards and guidelines adopted
                                                                                          Formatted: Font: (Default) Arial
pursuant to this chapter shall apply to:
                                                                                          Formatted: Font: (Default) Arial, Underline
                                                                                          Formatted: Font: (Default) Arial
A.     All new small lot development located within the TRD and MU districts.
                                                                                          Formatted: Font: (Default) Arial

B.     All new multi-family development located within the TRD, MFR, and MU               Formatted: Font: (Default) Arial
       districts.                                                                         Formatted: Font: (Default) Arial
                                                                                          Formatted: Font: (Default) Arial
C.     Major modifications to small lot and multi-family development previously           Formatted: Font: (Default) Arial
       authorized pursuant to this chapter.                                               Formatted: Font: (Default) Arial
                                                                                          Formatted: Font: (Default) Arial
                                                                                          Formatted: Font: (Default) Arial
                                                                                          Formatted: Font: (Default) Arial
                                                                                          Formatted: Font: (Default) Arial
                                                                                          Formatted: Font: (Default) Arial
                                                                                          Formatted: Font: (Default) Arial
                                                                                          Formatted: Font: (Default) Arial




RCC Title 11                           218                      Effective July 22, 2009
Land Development Code                                               Ordinance No. 836
CHAPTER 11-28           DESIGN STANDARDS AND GUIDELINES FOR                                Formatted: Font: (Default) Arial, Bold
                        STREETSCAPE ELEMENTS                                               Formatted: Font: (Default) Arial, Bold


SECTION:
11-28-1        Purpose
11-28-2        Authority
11-28-3        Design standards and guidelines adopted                                     Formatted: Font: (Default) Arial, Bold
11-28-4        Applicability

11-28-1      Purpose: The purpose of this chapter is to establish streetscape
standards and guidelines, including sidewalk, landscaping and street tree
requirements, for neighborhood collector arterial, local, neighborhood, and
access lane streets, alleys and paseos.                                                    Formatted: Font: (Default) Arial


11-28-2      Authority: The provisions of this chapter shall augment other                 Formatted: Font: (Default) Arial
requirements in this title. When provisions included in these design standards             Formatted: Font: (Default) Arial
and guidelines conflict with other requirements of this title or Title 8 -- Public         Formatted: Font: (Default) Arial
Ways and Property, these standards and guidelines shall apply unless otherwise             Formatted: Font: (Default) Arial
provided.

11-28-3      Design standards and guidelines adopted: The “City of Roy                     Formatted: Font: (Default) Arial, Bold
Design Standards and Guidelines for Streetscape Elements”, as shown in Exhibit             Formatted: Font: (Default) Arial
“X” to Ordinance No. “XXX” and incorporated in this section by reference, is               Formatted: Font: (Default) Arial
hereby adopted and codified within this title.                                             Formatted: Font: (Default) Arial
                                                                                           Formatted: Font: (Default) Arial
11-28-4        Applicability: The design standards and guidelines adopted
                                                                                           Formatted: Font: (Default) Arial
pursuant to this chapter shall apply to streetscape improvements required in
                                                                                           Formatted: Font: (Default) Arial, Underline
conjunction with development that includes or requires the construction of new
                                                                                           Formatted: Font: (Default) Arial
streets or the modification of existing streets that would be classified as
neighborhood collector arterial, local street feeder/local street minor,                   Formatted: Font: (Default) Arial

neighborhood, and access lane streets, alleys and paseos.                                  Formatted: Font: (Default) Arial
                                                                                           Formatted: Font: (Default) Arial




RCC Title 11                           219                       Effective July 22, 2009
Land Development Code                                                Ordinance No. 836
CHAPTER 11-29 RESERVED




RCC Title 11             220   Effective July 22, 2009
Land Development Code              Ordinance No. 836
CHAPTER 11-30           DISCRETIONARY LAND USE PERMITS

SECTION:
11-30-1        Purpose
11-30-2        Amendments to discretionary land use permit
11-30-3        Duration of a discretionary land use permit approval
11-30-4        Revocation
11-30-5        Time calculations

11-30-1       Purpose: The purpose of this chapter is to establish general
provisions governing discretionary land use permits, including but not limited to,
conditional use permits, site plan reviews, planned developments, variances,
administrative use permits, and amendments to zoning maps and development
regulations. These general provisions are supplemented by the specific
provisions for each type of discretionary land use permit.

11-30-2        Amendments to discretionary land use permits:

A.     Amendment Standards – Discretionary Land Use Permits. This section
       provides the method for amending conditions of approval and
       development plans that have received discretionary land use permit
       approval.

       1. Minor Amendment. Minor amendments shall be consistent with the
       requirements set forth in subsection (A)(1)(c) of this section, and shall
       include, but not be limited to, adjustments to site plan and structure layout,
       provided the adjustment is generally consistent with the original approval;
       minor adjustments to site access, parking area layout, additions of fences,
       retaining walls, and mechanical equipment; adjustments to building height,
       provided the height is below the maximum allowed in the zone; and
       adjustments to the landscaping plans such as changes to plant materials.
       The following procedures shall be required for all minor amendments.

             a. Requests for minor amendments shall be in writing from the
       property owner or the owner’s authorized agent and shall fully describe
       the amendments requested and the reasons for the request.

             b. Minor amendment applications may be routed for comments to
       any city department and to any agency with jurisdiction at the city
       planner’s discretion.

               c. Minor amendments shall meet all of the following requirements:

                        i. A change to a condition of approval does not modify the
                        intent of the original condition.
RCC Title 11                             221                       Effective July 22, 2009
Land Development Code                                                  Ordinance No. 836
                        ii. The perimeter boundaries of the original site shall not be
                        extended by more than 5 percent of the original lot area.

                        iii. The proposal does not increase the overall residential
                        density of a site.

                        iv. The proposal does not change or modify housing types.

                        v. The proposal does not reduce the designated open space.

                        vi. The proposal does not add more than 5 percent gross
                        square footage of structures to the site.

                        vii. The proposal does not increase the overall impervious
                        surface on the site by more than 5 percent.

                        viii. Any conditions or expansions approved through minor
                        amendments that cumulatively exceed the requirements in
                        this section shall be reviewed as a major amendment.

               d. Burden of Proof. The applicant has the burden of proving by a
       preponderance of the evidence that the proposed amendment meets all of
       the criteria in subsection (A)(1)(c) of this section.

              e. Approval. The city planner may approve an application for a
       minor amendment, approve with additional conditions, require modification
       of the proposal to comply with specified requirements or determine that
       the application shall be processed as a major amendment.

              f. Denial. The city planner shall deny an application for amendment
       if the proposal does not meet, or cannot be conditioned to meet,
       subsection (A)(1)(c) of this section.

             g. The city planner’s decision may be appealed in accordance with
       chapter 11-9.

       2. Major Amendments.

               a. Any modification exceeding the provisions of subsection (A)(1)(c)
       of this section shall be considered a major amendment and shall follow the
       same procedure required for a new application.

                b. Major amendments shall be subject to the most current city
       codes.

RCC Title 11                              222                       Effective July 22, 2009
Land Development Code                                                   Ordinance No. 836
11-30-3       Duration of a discretionary land use permit approval: If a
discretionary land use permit approval is not exercised within one year from the
effective date of approval, or within 5 years from the effective date of a
development plan approval associated with a preliminary plat or short plat, it shall
automatically become null and void. For good cause, the appropriate review
authority (hearing examiner or city planner) may grant a one-time extension of
one year if an extension request is filed with the city clerk-treasurer no less than
45 days prior to the date of expiration. A properly filed application for a time
extension shall stay the effective date of expiration until action on the request has
become final. The process for taking action on the request shall be the same
used for the original discretionary land use permit application. Before taking
action to grant an extension, the review authority shall adopt written findings
showing that the following circumstances exist:

A.     The proposal approved under the terms of the discretionary land use
       permit application originally granted remains in conformance with current
       development standards and design guidelines contained or referenced in
       this title. If the proposal would no longer conform to this title as a result of
       more restrictive standards or guidelines being adopted subsequent to the
       original approval, the review authority may consider a modified proposal
       that would comply with the more restrictive standards or guidelines.

B.     The findings adopted in support of the original discretionary land use
       permit approval remain valid and supportive of the time extension request.

11-30-4        Revocation.

A.     Purpose. The purpose of this section is to establish procedures to be
       followed when action is initiated to revoke a discretionary land use permit.

B.     Authority. The hearing examiner may revoke or modify a major variance,
       conditional use permit, major site plan review approval or planned
       development approval when it has determined that one or more of the
       grounds listed in subsection E exists. The city planner may revoke or
       modify an administrative use permit, minor variance or minor site plan
       review approval when it has determined that one or more of the grounds
       listed in subsection E exists.

C.     Initiation of a revocation. Revocation may be initiated by a request from an
       adversely affected property owner or other aggrieved party, a motion by
       the city council to refer the matter to the hearing examiner, or the city
       planner.

D.      Procedures. Review of a motion, recommendation or request for
        revocation by the appropriate review authority shall be conducted in the
        same manner as was required for the initial consideration of the
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       discretionary land use permit. Procedures concerning public notice,
       reporting and appeals shall be the same as for the initial review.

E.     Grounds for Revocation or Modification. A revocation or modification of a
       discretionary land use permit by the appropriate review authority shall be
       made on any one or more of the following grounds:

       1. The approval was        obtained   by   deception,   fraud     or     other
       misrepresentations;

       2. The use for which the approval was granted has ceased to exist or has
       been suspended for one year or more;

       3. That the permit granted is being, or recently has been, exercised
       contrary to the terms or conditions of the approval or the applicable
       development regulations that govern the permit; or

       4. The use for which the approval was granted was so exercised as to be
       detrimental to the public health or safety.

F.     Submittal requirements. A request for a revocation by an adversely
       affected property owner or other aggrieved party shall be submitted on
       forms provided by the city clerk-treasurer. The party requesting the
       revocation shall submit a statement indicating the specific grounds listed
       in subsection E that provide the basis for the request. Based on a
       preliminary review of the request, the city planner may determine that
       additional information is necessary to complete the review and shall be
       provided by the party requesting the revocation.

11-30-5      Time calculations: Any reference to a time period, unless
otherwise specifically stated, shall be calculated based upon calendar days.




RCC Title 11                           224                      Effective July 22, 2009
Land Development Code                                               Ordinance No. 836
CHAPTER 11-31           PLANNED DEVELOPMENTS

SECTION:
11-31-1        Purpose
11-31-2        Intent
11-31-3        Authority
11-31-4        Applicability
11-31-5        Criteria for planned development approval
11-31-6        Application procedures
11-31-7        Submittal requirements
11-31-8        Processing of associated permits
11-31-9        Submittal of final development plan
11-31-10       Phasing
11-31-11       Permits
11-31-12       Open space
11-31-13       Maintenance requirements
11-31-14       Guarantees
11-31-15       Parties bound
11-31-16       Development and design standards

11-31-1        Purpose: The purpose of this chapter is to establish procedures for
the review of residential and mixed use planned developments. The planned
development review process is intended to enable the review authority to
evaluate development plans with respect to neighborhood compatibility,
environmental sensitivity, architectural design, landscape design, urban form,
pedestrian and vehicular circulation, utility design, recreation and open space
needs, site characteristics and the extent to which the community’s housing
needs are met by the proposal. The process allows the appropriate review
authority (city council, hearing examiner, or city planner) to condition
development proposals to ensure their compatibility with adjoining uses,
compliance with development regulations, and conformance with comprehensive
plan goals, objectives and policies. The process is intended to ensure that all
critical design issues are addressed early in the site planning and review stages
of project development. The process is also intended to run concurrently with the
short plat or preliminary and final plat review processes when land division is
proposed to facilitate the development.

11-31-2        Intent: The intent of the planned development regulations is:

A.     To permit greater flexibility and, consequently, more creative and
       imaginative design than generally is possible under conventional zoning
       regulations, when such design is required for new development in
       specified zoning districts;

B.     To promote urban infilling and more economical and efficient use of land;

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C.     To cluster development in order to preserve significant wildlife habitat and
       take the greatest possible advantage of existing topography and other
       natural features to promote environmental and aesthetic goals by
       optimizing siting, orientation, layout and design of structures to protect
       natural vegetation, wetlands, drainage areas, slopes and other natural
       features;

D.     To provide more usable and suitably located recreation facilities and other
       public and common facilities than would otherwise be provided under
       conventional land development procedures;

E.     To provide a variety of housing choices and a high level of urban
       amenities that contribute to a strong sense of community;

F.     To ensure that new development is compatible with adjoining
       neighborhoods and existing and potential future land uses within the
       community; and

G.     To ensure that the design of the development is exemplary and the
       amenities to be provided are substantially greater than minimum
       standards of the underlying zoning district would otherwise require.

11-31-3     Authority: The city council may approve, approve with conditions,
modify and approve with conditions, or deny, a preliminary development plan for
a planned development. The city planner may approve, approve with conditions,
modify and approve with conditions, or deny, a final development plan for a
planned development.

11-31-4      Applicability: The provisions of this chapter may apply to TRD,
MFR and MU zoning districts, and to uses that may be authorized through a
planned development review process. Any proposal to modify a development
that was authorized through an alternative procedure prior to the establishment
of this chapter shall be considered through the site plan approval process in
chapter 11-35 unless the applicant requests approval of a development plan for a
modified proposal under this chapter.

11-31-5        Criteria for planned development approval: Before a
development plan approval may be granted, the review authority shall adopt
written findings showing that the following criteria are met by the proposal:

A.     The proposed development is consistent with the intent of this chapter as
       articulated in section 11-31-2.

B.     The proposed development is in substantial conformance with the
       Comprehensive Plan.

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C.     Any exceptions from the standards of the underlying zoning district are
       warranted by the design and amenities incorporated in the development
       plan and program.

D.     The approval will result in a superior design that could not be achieved
       under conventional zoning regulations or another zoning district.

E.     The system of ownership and means of developing, preserving and
       maintaining open space, recreational facilities and other common
       amenities is suitable and feasible.

F.     The proposed development will comply with all applicable design
       standards and guidelines.

G.     For final development plans, the proposed design is in substantial
       conformance with the preliminary development plan and satisfies all
       conditions of preliminary development approval.

11-31-6       Application procedures: The processing of an application for a
planned development requires a three-step review. The hearing examiner shall
conduct an open record public hearing and forward its recommendations to the
city council on a preliminary development plan, which is classified as a Type III-B
application. The city council shall conduct a closed record public hearing and
consider the recommendations of the hearing examiner before taking action on a
preliminary development plan. The city planner shall conduct an administrative
review of a final development plan, which is classified as a Type II application.
The processing procedures for these applications are described in chapters 11-4,
11-5, 11-6, 11-7, 11-8 and 11-9.

11-31-7        Submittal requirements:

A.     Preliminary Development Plan. Application for preliminary development
       plan review shall be submitted on forms provided by the city. A minimum
       of 10 sets of plans, materials and other applicable information specified
       below and in section 11-5-1 shall be submitted with the application in clear
       and intelligible form:

       1. Documentation listed in section 11-35-10 (site plan submittal
       requirements);

       2. Description of proposed phasing;

       3. Design manual that will provide a template for the project;

       4. Critical area analyses and reports;

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Land Development Code                                                 Ordinance No. 836
       5. Preliminary plat, short plat or binding site plan submittals; and

       6. Description of specific development standards to be applied to the
       project, including building heights, building setbacks and build-to lines,
       individual lot sizes and lot dimensions, and similar provisions.

B.     The city planner may waive the submittal requirement for any of the items
       listed in subsection A of this section when, in the discretion of the city
       planner, the item is inapplicable or unnecessary for the review authority to
       complete the preliminary development plan review. In such case, the city
       planner shall provide the hearing examiner with a list of the items waived
       for submittal. The city planner may also require the applicant to submit
       additional information or material when it is necessary for the proper
       review and hearing of the application.

C.     Final Development Plan. Application for final development plan review
       shall be on forms provided by the city. The applicant shall submit the
       documentation identified by the city planner as being necessary for the
       proper review of the application based on the conditions imposed by the
       review authority during the preliminary development plan review process
       and issues identified subsequent to the approval of the preliminary
       development plan.

11-31-8        Processing of associated permits:

A.     When any parcel of land in a planned development is intended for
       individual ownership or sale, the platting and procedural requirements of
       this title and applicable state laws pertaining to the subdivision and
       conveyance of land and the preparation of maps shall be followed.
       Applications for preliminary plat, short plat or binding site plan approval
       shall be submitted simultaneously, and processed concurrently, with
       applications for preliminary development plan approval.

B.     When a conditional use listed in the underlying zoning district is authorized
       under the preliminary development plan review process, the procedure for
       reviewing a conditional use permit shall be waived. When a conditional
       use listed in the underlying zoning district is proposed subsequent to the
       granting of a preliminary development plan approval, the conditional use
       permit procedures in chapter 11-34 shall apply.

C.     An approved preliminary development plan is classified as an amendment
       to the official zoning map. The procedure for reviewing a zoning map
       amendment as a separate application shall be waived. A reference to the
       appropriate city council ordinance approving the preliminary development
       plan and its effective date shall be placed on the official zoning map.

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Land Development Code                                                   Ordinance No. 836
11-31-9        Submittal of final development plan: The applicant shall submit
a final development plan for administrative approval within three years of the
effective date of preliminary development plan approval. For projects designed
in conjunction with a preliminary plat, submittal of a final development plan shall
occur within five years of preliminary plat approval. The city planner shall
approve the final development plan after finding that the final development plan
has been completed in accordance with the provisions of the preliminary
development plan approval, that all required improvements have been completed
or arrangements or contracts have been entered into to guarantee that the
required improvements will be completed, and that the interests of the city are
fully protected.

11-31-10      Phasing: If a planned development is to be developed in phases,
the project as a whole shall be portrayed on the preliminary development plan,
and each phase shall individually receive final development plan approval
pursuant to the procedures in this title. Those portions of the planned
development that have received preliminary development plan approval but that
have not yet received final development plan approval shall be subject to the
permit expiration provisions of chapter 11-30.

11-31-11       Permits:

A.     Engineering approvals may be granted for site development activities
       within a planned development prior to final development plan approval,
       provided that:

       1. The improvements will be consistent with the preliminary development
       plan approval;
       2. The improvements will be constructed in conformance with all
       applicable development standards;

       3. All required improvements have been completed or arrangements or
       contracts have been entered into to guarantee that the required
       improvements will be completed for the phase of the project involved; and

       4. Partial or complete construction of improvements shall not relieve the
       developer from, nor impair city enforcement of, conditions of preliminary
       development plan approval.

B.     Building permits shall not be issued for any structure within a planned
       development prior to the approval of a final development plan.

11-31-12       Open space:



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A.     Open space is considered an essential component of a planned
       development that supports the intent of this chapter as articulated in
       section 11-31-2. Open space shall be provided in a manner consistent
       with the specifications of the underlying zoning district and the applicable
       design standards and guidelines adopted pursuant to chapter 11-27. The
       proportion of private and public open space and the amount of land area
       devoted to common open space and common active recreational areas
       shall be determined through the preliminary development plan review
       process. For the purposes of this chapter, the following descriptions shall
       apply:

       1. Common Open Space. Common open space consists primarily of large
       usable areas that may include, but are not limited to: sensitive area
       management tracts, wetland buffers, stormwater facilities designed as
       amenities, public space, landscaped or natural areas, recreational areas
       or an area for a recreation/socialization facility.

       2. Common Active Recreational Areas. Common active recreational areas
       include, but are not limited to: pedestrian trails, pools, child play areas,
       improved picnic areas and recreational buildings. Common recreational
       facilities, such as trails, play fields, community centers, sport courts and
       picnic areas should be provided when determined by the city to be
       appropriate for the site and its intended use.

B.     Open space and active recreational areas that are to be available for the
       common use of the residents of the planned development shall be either:

       1. Owned in common and maintained by the property owners within the
       framework of a homeowner’s association or comparable body; or

       2. Conveyed to a public agency that will agree to maintain the common
       open space and any buildings, structures or improvements that have been
       placed on it.

11-31-13         Maintenance requirements:            Property within a planned
development that is individually owned shall be maintained by the property
owner. The maintenance of any common property shall be the responsibility of all
property owners within the development. Required maintenance of any common
facilities, including but not limited to: common private streets and alleys, parking,
circulation areas, open spaces, trails and stormwater facilities, shall be ensured
by covenants approved by the city. Failure to maintain any common area or
amenity shall be considered a violation of this title.

11-31-14     Guarantees: Before approval of a final development plan may be
granted, the applicant shall submit to the city all necessary covenants, deeds
and/or association by-laws and other documents guaranteeing maintenance,
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construction, common fee ownership, if applicable, of open space, community
facilities, stormwater facilities, private roads and alleys, and all other commonly
owned and operated property. The review authority may require as a condition of
development plan approval that the applicant furnish the city with a performance
bond, or other form of guarantee deemed acceptable by the city attorney, to
secure the applicant’s obligation to complete the provisions and conditions of the
development plan as approved. The city shall release the bond or other
guarantee when the improvements have been completed in accordance with the
development plan.

11-31-15     Parties bound: All persons and parties, their successors, heirs or
assigns, who own, have or will have, by virtue of purchase, inheritance or
assignment, any interest in the real property within an approved planned
development, shall be bound by the conditions of the planned development.
Failure to comply with such conditions shall be grounds for a revocation of the
planned development by the city.

11-31-16       Development and design standards:

 Maximum density                        Specified in the underlying zoning district.
 Minimum and maximum lot area           Determined through the preliminary planned
                                        development (PD) review process.
 Maximum height of buildings and        Specified in the underlying zoning district or
 structures                             applicable design standards and guidelines
                                        adopted pursuant to chapter 11-27, or
                                        section 11-22-20.
 Minimum and maximum setbacks           Determined through the preliminary PD
 (other than for yards abutting the     review process, in accordance with
 exterior boundary of the planned       applicable design standards and guidelines
 development)                           adopted pursuant to chapter 11-27, or
                                        section 11-22-20.
 Minimum setback for yards abutting     Specified in the underlying zoning district of
 the exterior boundary of the planned   the abutting property.
 development
 Accessory building and structure Determined through the preliminary PD
 standards                            review process, in accordance with
                                      applicable design standards and guidelines
                                      adopted pursuant to chapter 11-27, or
                                      section 11-22-20.
 Maximum lot coverage for structures Determined through the preliminary PD
                                      review process, in accordance with
                                      applicable design standards and guidelines
                                      adopted pursuant to chapter 11-27, or
                                      section 11-22-20.
 Maximum        impervious    surface Specified in the underlying zoning district,
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 coverage                        chapter 11-27, or section 11-22-20.
 Minimum site area for a planned None.
 development


 Permitted uses               All uses listed as permitted uses, accessory
                              uses or conditional uses within the
                              underlying zoning district.
 Common open space and common Minimum percentage of site required as
 active recreational areas    common open space or common active
                              recreational areas, and mandatory types of
                              common space or facilities are to be
                              determined through the preliminary PD
                              review process in accordance with
                              applicable design standards and guidelines
                              adopted pursuant to chapter 11-27, or
                              section 11-22-20.
 Streetscape elements         Determined through the preliminary PD
                              review process, and in accordance with
                              applicable design standards and guidelines
                              adopted pursuant to chapter 11-28.
 Calculations resulting in a fraction shall be rounded to the nearest whole number with .50 being rounded up.




RCC Title 11                                       232                               Effective July 22, 2009
Land Development Code                                                                    Ordinance No. 836
CHAPTER 11-32           VARIANCES

SECTION:
11-32-1        Purpose
11-32-2        Authority – major and minor variances
11-32-3        Criteria for variance approval
11-32-4        Application procedures
11-32-5        Submittal requirements

11-32-1       Purpose: The purpose of this chapter is to provide a means of
altering the requirements of this title in specific situations where the strict
application of those requirements would deprive a property of privileges enjoyed
by other properties with the same zoning district classification because of special
features or constraints unique to the subject property.

11-32-2         Authority – major and minor variances: Two types of variances
are established in this chapter, a minor (administrative) variance, and a major
(hearing examiner) variance. A minor variance is one that is within 20 percent of
the standard contained in this title and that may be approved by the city planner.
A major variance is one that is greater than 20 percent of the standard contained
in this title and that may be approved by the hearing examiner.

The appropriate review authority (city planner or hearing examiner) shall grant a
variance from the provisions of this title when it has determined that the criteria
listed in section 11-32-3 have been met by the proposal. When granting a
variance, the review authority may attach specific conditions to the variance to
ensure that the variance will conform to the criteria listed in section 11-32-3 and
all other applicable codes, design guidelines, and comprehensive plan goals and
policies. The review authority shall not grant a variance that establishes a use
otherwise prohibited within a zoning district.

11-32-3        Criteria for variance approval: Before any variance may be
granted, the review authority shall adopt written findings showing that the
following criteria are met by the proposal:

A.     There are special circumstances applicable to the subject property or to
       the intended use such as size, shape, topography, location, or
       surroundings that do not apply to other property or class of use in the
       same vicinity and zoning classification.

B.     The variance is necessary for the preservation and enjoyment of a
       substantial property right or use that is possessed by other property in the
       same vicinity and zoning classification but denied to the subject property
       because of special circumstances.


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C.     The granting of the variance will not be materially detrimental to the public
       welfare or injurious to property or improvements in the vicinity and zoning
       classification in which the subject property is located.

D.     Strict enforcement of the provisions of this title would create a practical
       difficulty or unnecessary hardship for the property owner.

E.     The practical difficulty or unnecessary hardship has not been created by
       the owner or by a predecessor in title. (This finding does not apply if the
       zoning classification for the property has changed and the difficulty or
       hardship was created solely as a result of the reclassification.)

F.     The granting of the variance will be consistent with the purpose and intent
       of the zoning classification and the comprehensive plan land use
       designation of the subject property and will not conflict with other
       applicable codes, design guidelines, and comprehensive plan goals and
       policies.

11-32-4        Application procedures: A minor variance is classified as a Type
II application and a major variance is classified as a Type III-A application. The
processing procedures for these applications are described in chapters 11-4, 11-
5, 11-6, 11-7, 11-8 and 11-9.

11-32-5       Submittal requirements: Application for a variance shall be
submitted on forms provided by the city. A minimum of eight sets of plans,
materials and other applicable information specified in section 11-5-1 shall be
submitted with a major variance application. A minimum of five sets of plans,
materials and other applicable information specified in section 11-5-1 shall be
submitted with a minor variance application. Based on a preliminary review of
the proposal, the city planner may determine that additional information, including
specific items listed in section 11-35-10 (site plan review submittal requirements),
is necessary to complete the review and shall be provided by the applicant.




RCC Title 11                            234                       Effective July 22, 2009
Land Development Code                                                 Ordinance No. 836
CHAPTER 11-33           ADMINISTRATIVE USE PERMITS

SECTION:
11-33-1        Purpose
11-33-2        Authority
11-33-3        Criteria for administrative use permit approval
11-33-4        Application procedures
11-33-5        Submittal requirements

11-33-1       Purpose: The purpose of this chapter is to establish decision
criteria and procedures for uses which, due to their unique qualities, may require
additional regulation or other special degrees of control. An administrative review
process is required to ensure that the activity, if established, will be in full
compliance with applicable regulations and that such uses are compatible with
the comprehensive plan, adjacent uses, and the character of the vicinity.

11-33-2       Authority: The city planner may approve, approve with conditions,
modify and approve with conditions, or deny, an administrative use permit. An
administrative use permit shall be approved when the city planner has
determined that the criteria listed in section 11-33-3 are met by the proposal. The
city planner may impose specific conditions upon the use, including an increase
in the standards of this title, which will enable the city planner to make the
required findings in section 11-33-3. These conditions may include, but are not
limited to: restrictions in hours of operations; restrictions on locations of
structures and uses; structural requirements that address safety, noise, light and
glare, vibration, odor, views, aesthetics and other impacts; and increased
buffering requirements, including open space, berms, fencing and landscaping.

11-33-3       Criteria for administrative use permit approval: Before any
administrative use permit may be granted, the city planner shall adopt written
findings showing that the following criteria are met by the proposal:

A.     The proposed use will not: be detrimental to the public health, safety, and
       welfare; injurious to property or improvements in the vicinity; or adversely
       affect the established character of the surrounding vicinity.

B.     The proposed use will meet or exceed all applicable development, design
       and performance standards and guidelines required for the specific use,
       location, or zoning classification.

C.     The proposed use will be consistent and compatible with the goals,
       objectives and policies of the comprehensive plan.

D.     All conditions necessary to lessen any impacts of the proposed use are
       measurable and can be monitored and enforced.

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11-33-4       Application procedures: An administrative use permit is classified
as a Type II application. The processing procedures for this application are
described in chapters 11-4, 11-5, 11-6, 11-7, 11-8 and 11-9.

11-33-5        Submittal requirements: Application for an administrative use
permit shall be submitted on forms provided by the city. A minimum of five sets of
plans, materials and other applicable information specified in section 11-5-1 shall
be submitted with the application. Based on a preliminary review of the proposal,
the city planner may determine that additional information, including the items
listed in section 11-35-10 (site plan review submittal requirements), is necessary
to complete the review and shall be provided by the applicant.




RCC Title 11                           236                       Effective July 22, 2009
Land Development Code                                                Ordinance No. 836
CHAPTER 11-34           CONDITIONAL USE PERMITS

SECTION:
11-34-1        Purpose
11-34-2        Authority
11-34-3        Criteria for conditional use permit approval
11-34-4        Application procedures
11-34-5        Submittal requirements

11-34-1       Purpose: The purpose of this chapter is to establish decision
criteria and procedures for special uses, called conditional uses, which possess
unique characteristics. Conditional uses are deemed unique due to factors such
as size, technological processes, equipment, type or duration of activity, or
location with respect to surroundings, streets, existing improvements, or effects
or demands upon public facilities. These uses require a special degree of control
to ensure consistency with the comprehensive plan and compatibility with
adjacent uses and the character of the surrounding neighborhood or community.

Conditional uses will be subject to review by the hearing examiner and the
issuance of a conditional use permit. This process allows the hearing examiner
to:

A.     Determine that the location and characteristics of these uses will be
       compatible with uses permitted in the surrounding area; and

B.     Make further stipulations and conditions that may reasonably ensure that
       the intent of this title will be served.

11-34-2       Authority: The hearing examiner may approve, approve with
conditions, modify and approve with conditions, or deny, a conditional use permit.
The hearing examiner shall grant a conditional use permit when it has
determined that the criteria listed in Section 11-34-3 are met by the proposal. The
hearing examiner may impose specific conditions upon the use, including an
increase in the standards of this title, which will enable the hearing examiner to
make the required findings in Section 11-34-3. These conditions may include, but
are not limited to: restrictions in hours of operations; restrictions on locations of
structures and uses; structural restrictions that address safety, noise, light and
glare, vibration, odor, views, aesthetics, and other impacts; and increased
buffering requirements, including open space, berms, fencing and landscaping.

11-34-3       Criteria for conditional use permit approval:           Before any
conditional use permit may be granted, the hearing examiner shall adopt written
findings showing that the following criteria are met by the proposal:



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A.     The proposed use will not: be detrimental to the public health, safety, and
       welfare; injurious to property or improvements in the vicinity; or adversely
       affect the established character of the surrounding vicinity.

B.     The proposed use will meet or exceed all applicable development, design
       and performance standards and guidelines required for the specific use,
       location, or zoning classification.

C.     The proposed use will be consistent and compatible with the goals,
       objectives and policies of the comprehensive plan.

D.     All conditions necessary to lessen any impacts of the proposed use are
       measurable and can be monitored and enforced.

11-34-4      Application procedures: A conditional use permit is classified as
a Type III-A application. The processing procedures for this application are
described in Chapters 11-4, 11-5, 11-6, 11-7, 11-8 and 11-9.

11-34-5       Submittal requirements: Application for a conditional use permit
shall be submitted on forms provided by the city. A minimum of eight sets of
plans, materials and other applicable information specified in Section 11-5 shall
be submitted with the application. Based on a preliminary review of the proposal,
the city planner may determine that additional information, including specific
items listed in Section 11-35-10 (site plan review submittal requirements), is
necessary to complete the review and shall be provided by the applicant.




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Land Development Code                                                Ordinance No. 836
CHAPTER 11-35           SITE PLAN REVIEW

SECTION:
11-35-1        Purpose
11-35-2        Authority
11-35-3        Development subject to minor site plan review
11-35-4        Development subject to major site plan review
11-35-5        Development exempt from site plan review
11-35-6        Criteria for site plan review approval
11-35-7        Application procedures
11-35-8        Final site plan review
11-35-9        Submittal requirements
11-35-10       Waiver of submittal requirements
11-35-11       Request for additional information

11-35-1        Purpose: The purpose of this chapter is to establish procedures for
the review of commercial, industrial, residential, public and quasi-public
developments for which site plan review is required. The site plan review process
is intended to enable the appropriate review authority (hearing examiner or city
planner) to evaluate development proposals with respect to architectural design,
landscape design, urban form, pedestrian and vehicular circulation, utility design,
and site characteristics. The process allows the review authority to condition
development proposals to ensure their compatibility with adjoining uses,
compliance with development regulations, and consistency with comprehensive
plan goals, objectives and policies. The process is intended to ensure that all
critical design issues are addressed early in the site planning and review stages
of project development.

11-35-2         Authority: Two types of site plan review are established in this
chapter, a minor (administrative) review, and a major (hearing examiner) review.
The city planner is authorized to review development proposals subject to minor
site plan review as listed in Section 11-35-3. The hearing examiner is authorized
to review development proposals subject to major site plan review as listed in
Section 11-35-4. The review authority may approve, approve with conditions,
modify and approve with conditions, or deny, the application for site plan review.
The review authority shall grant site plan approval when it has determined that
the criteria listed in Section 11-35-6 have been met by the proposal. The review
authority may impose specific conditions upon the use, including an increase in
the standards of this title, which will enable the review authority to make the
required findings in Section 11-35-6. These conditions may include, but are not
limited to: restrictions in hours of operations; restrictions on locations of
structures and uses; structural restrictions that address safety, noise, light and
glare, vibration, odor, views, aesthetics, and other impacts; and increased
buffering requirements, including open space, berms, fencing and landscaping.


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Land Development Code                                                Ordinance No. 836
11-35-3        Development subject to minor site plan review: The city planner
shall review the following public and private development proposals that are
subject to site plan review:

A.     New commercial, industrial, residential, public and quasi-public buildings
       that total less than or equal to 10,000 square feet of gross floor area;

B.     Commercial, industrial, residential, public and quasi-public building
       additions that total less than or equal to 10,000 square feet of gross floor
       area;

C.     Parking lot improvements associated with development proposals listed in
       subsections A and B of this section; and

D.     A change of land use at an existing site or structure when the new activity
       requires either a change in occupancy according to the International
       Building Code or, in the opinion of the city planner, results in an
       intensification of land use and will require new conditions to comply with
       existing regulations of this title.

11-35-4       Development subject to major site plan review: The hearing
examiner shall review the following public and private development proposals
that are subject to site plan review:

A.     New commercial, industrial, residential, public and quasi-public buildings
       that total greater than 10,000 square feet of gross floor area;

B.     Commercial, industrial, residential, public and quasi-public building
       additions that total greater than 10,000 square feet of gross floor area; and

C.     Parking lot improvements associated with development proposals listed in
       subsections A and B of this section.

11-35-5      Development exempt from site plan review: The following public
and private development proposals are exempt from site plan review:

A.     Uses that are subject to conditional use permit review, administrative use
       permit review, or preliminary development plan review; and

B.     Uses that are permitted outright.

11-35-6      Criteria for site plan review approval: Before any site plan
approval may be granted, the review authority shall adopt written findings
showing that the following criteria are met by the proposal:


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Land Development Code                                                 Ordinance No. 836
A.     The proposed use and site design will not: be detrimental to the public
       health, safety, and welfare; injurious to property or improvements in the
       vicinity; or adversely affect the established character of the surrounding
       vicinity.

B.     The proposed use and site design will meet or exceed all applicable
       development, design and performance standards and guidelines required
       for the specific use, location, or zoning classification.

C.     The proposed use and site design will be consistent and compatible with
       the goals, objectives and policies of the comprehensive plan.

D.     All conditions necessary to lessen any impacts of the proposed use are
       measurable and can be monitored and enforced.

11-35-7       Application procedures: Minor site plan review is classified as a
Type II application and major site plan review is classified as a Type III-A
application. The processing procedures for these applications are described in
Chapters 11-4, 11-5, 11-6, 11-7, 11-8, and 11-9.

11-35-8        Final site plan review: The review authority may determine that a
site plan generally meets the criteria listed in section 11-35-6 but includes
specific design elements that will require a more detailed review later in the
design process to demonstrate full compliance. In such case, the review
authority may grant site plan approval subject to the submittal and approval of
additional detailed plans. This final site plan review is intended to ensure that all
specific site planning issues identified during the review authority’s initial review
are fully addressed prior to issuance of a building permit or other construction
permit.

11-35-9        Submittal requirements: Application for site plan review shall be
submitted on forms provided by the city. A minimum of 10 sets of the following
plans, materials, and other applicable information shall be submitted with the
application in clear and intelligible form:

A.     A site plan drawing at a scale of not less than one inch per 50 feet that
       shows:

       1. The location of all existing and proposed structures and improvements,
       including, but not limited to, fences, culverts, bridges, roads and streets on
       the subject property.

       2. The boundaries of the property proposed to be developed and, if the
       property is to be subdivided, the boundaries of each proposed lot within
       the property;

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Land Development Code                                                  Ordinance No. 836
       3. All proposed and existing buildings and setback lines, including those
       located on adjoining properties;

       4. All areas to be preserved as buffers or to be dedicated to a public,
       private, or community use or for open space and information regarding the
       percentage of area covered and size and type of existing vegetation to be
       removed or to be retained;

       5. All existing and proposed easements;

       6. The locations of all existing utility structures and lines;

       7. The stormwater drainage systems and management plan for existing
       and proposed structures and parking facilities;

       8. All means of vehicular and pedestrian ingress and egress at the site
       and the size and location of driveways, streets and roads;

       9. The design of off-street parking areas showing the size and location of
       internal circulation and parking spaces, per chapter 11-23 standards;

       10. The location of all loading spaces, including, but not limited to, truck
       loading platforms and loading docks;

       11. The location and design of trash enclosure areas, exterior lighting,
       exterior signage, mechanical and utility facility areas;

B.     Elevation plans drawn to scale for each building or structure elevation.
       Additions and alterations to existing structures shall be clearly identified on
       the plans. Design details such as exterior finish materials and textures,
       lighting and other fixtures, and design elements such as belt courses,
       brackets, chimneys, cornices, roof overhangs, window trim, sills and
       sashes, shall be identified to assist with the review process;

C.     Sign plan showing the location, dimensions, area, design, material, color
       and methods of illumination of all exterior signs;

D.     Exterior mechanical device screening plans that identify the building
       elevation and site plans of all proposed exterior mechanical devices,
       including roof mounted equipment, and proposed screening;

E.     Landscape plan drawn to scale showing the locations of existing trees to
       be removed and to be retained on the site, the location of proposed
       landscaping, and location and design of irrigation systems. In addition, a
       plant schedule indicating species, varieties, sizes and numbers of plant to

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       be installed, and planting specifications shall be submitted, per chapter
       11-24 standards;

F.     Topographic map that delineates contours, both existing and proposed, at
       intervals of two feet, and that locates existing streams, wetlands, forested
       areas and other natural features;

G.     A grading plan showing existing and proposed grades;

H.     The existing zoning classification for the proposed development site and
       any other zoning classification within 300 feet of the site;

I.     Impervious surface calculations, including: the proposed number of square
       feet of surfaces covered by buildings, driveways, parking lots, or any other
       structure covering land; the total number of square feet in the entire
       proposed development site; and the percentage of the site covered with
       impervious surface;

J.     The proposed type and number of dwelling units, and the proposed
       number of bedrooms in each unit in the development;

K.     The proposed number of square feet in gross floor area for each
       commercial, industrial, residential, and other nonresidential use;

L.     A description of each proposed commercial, industrial and other non-
       residential use;

M.     For properties containing critical areas or their regulated buffers, all
       informational requirements specified in the critical area regulations shall
       be included in the site plan submittal; and

N.     The forms, materials and other information specified in section 11-5-1.

11-35-10      Waiver of submittal requirements: The city planner may waive
the submittal requirement for any of the items listed in section 11-35-9 when, in
the discretion of the city planner, the item is inapplicable or unnecessary for the
review authority to complete the site plan review.

11-35-11      Request for additional information: The city planner may require
the applicant to submit additional information or material that is necessary for the
proper review and hearing of the application.




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Land Development Code                                                 Ordinance No. 836
CHAPTER 11-36           AMENDMENTS TO ZONING MAP AND DEVELOPMENT
                        REGULATIONS
SECTION:
11-36-1        Purpose
11-36-2        Amendment authority
11-36-3        Initiation of amendment
11-36-4        Criteria for amendment approval
11-36-5        Application procedures
11-36-6        Submittal requirements
11-36-7        Contract zoning
11-36-8        Annexation map amendment
11-36-9        Changes to a proposal during public review process

11-36-1       Purpose: This title and the official zoning map may be amended
whenever required by public necessity, convenience or welfare. The intent of this
chapter is to establish authority and procedure for such amendments.

11-36-2        Amendment authority: The city council is authorized to amend
this title and the official zoning map, subject to the procedures described within
this chapter.

11-36-3     Initiation of amendment: Amendments to this title and the official
zoning map may be initiated by:

A.     The adoption of a motion by the city council requesting the planning
       commission to set a matter for hearing and recommendation;

B.     The adoption of a motion by the planning commission; or

C.     Application by one or more owners of property that is proposed to be
       reclassified, or by contract purchasers who are directly affected by the
       proposal or an optionee with the written consent of the owner of the
       subject property.

11-36-4        Criteria for amendment approval: Before the planning
commission may recommend approval of an amendment request, and before the
city council may approve the amendment, each review authority shall adopt
written findings showing that the following criteria are met by the proposal:

A.     The proposed amendment is consistent with the goals, objectives and
       policies of the comprehensive plan.

B.     The proposed amendment will promote, rather than detract from, the
       public health, safety, morals and general welfare.


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Land Development Code                                                Ordinance No. 836
C.     The proposed zoning is compatible with the uses and zoning of
       surrounding property (required only for zoning map amendments).

D.     The property is suited for the uses allowed in the proposed zoning
       classification (required only for zoning map amendments).

E.     A change of conditions has occurred within the neighborhood or
       community since adoption of the comprehensive plan, this title, and
       amendments thereto, to warrant a determination that the proposed
       amendment is in the public interest (required only for zoning map
       amendments and amendments to this title that require a comprehensive
       plan amendment to ensure consistency under criteria A of this section).

11-36-5       Application procedures: A zoning map amendment is classified
as a Type III-B application. An area-wide zoning map amendment and a
development regulation amendment are classified as Type V (legislative)
applications. The processing procedures for these applications are described in
chapters 11-4, 11-5, 11-6, 11-7, 11-8 and 11-9.

11-36-6       Submittal requirements: Application for a zoning map amendment
or development regulation amendment shall be submitted on forms provided by
the city. For zoning map amendments, the applicant shall provide an accurate
map and legal description of the subject property. For development regulation
amendments, the applicant shall identify each chapter, section, paragraph,
sentence and word subject to the amendment request and provide the exact text
changes that are being proposed. The applicant shall also provide the applicable
information specified in section 11-5-1. Based on a preliminary review of the
proposal, the city planner may determine that additional information is necessary
to complete the review and shall be provided by the applicant.

11-36-7         Contract zoning: An owner of land in the city may propose a
contract as a condition of a zoning map amendment in order to mitigate
otherwise unacceptable adverse impacts of the proposed action. Contract
zoning shall not decrease or waive any of the requirements within this title or any
other title within this code. A proposed contract shall be included with the
initiation request described in section 11-36-3.C. An adopted zoning contract
shall run with the land covered and shall be considered an additional regulation
applicable to any and all matters regulated by this title. Failure by any person,
firm or corporation to fulfill the zoning contract shall be considered a violation of
this title and, upon action by the city council, may be grounds for rescinding the
rezone action or portions thereof. Upon rescindment, the subject property shall
revert to the previous zoning district classification.

11-36-8    Annexation map amendment: The official zoning map shall be
amended upon annexation of property into the city.

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Land Development Code                                                  Ordinance No. 836
A.     Default Zoning District upon Annexation. All property annexed into the city
       subsequent to the adoption of this chapter shall be designated the zoning
       district classification identified for the property on the official zoning map
       unless a different zoning classification has been approved by the city
       council prior to annexation.

B.     City Council Zoning Map Amendment upon Annexation. The city council
       may approve a zoning map amendment as part of the ordinance
       approving an annexation. The map amendment shall be subject to the
       amendment procedure described in this chapter.

C.     Petitioner for Annexation Zoning Map Amendment Request. Petitioners
       for annexation may request an annexation area zoning district
       classification that differs from the default classification identified on the
       official zoning map. The petitioners shall include the map amendment
       request with the notice of intent to commence annexation proceedings.
       The request shall follow the amendment procedure described in this
       chapter. The city council’s determination on the request shall be
       incorporated into the ordinance adopting the annexation.

11-36-9        Changes to a proposal during public review process: A
proposed amendment may be modified during the public review process without
further legal notice being given; provided, that the modification does not exceed
the scope of the legal notice published for the original proposal. When changes
are proposed that exceed the scope of the legal notice given, no further action
shall be taken on the matter until further legal notice has been published in
accordance with chapter 11-6.




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Land Development Code                                                  Ordinance No. 836
CHAPTER 11-37           DEVELOPMENT AGREEMENT

SECTION:
11-37-1  Authority
11-37-2  Application
11-37-3  Required Findings

11-37-1      Authority: The hearing examiner is hereby authorized to conduct
a public hearing for the consideration of a development agreement subject to
RCW 36.70B.170 through 36.70B.200. The hearing examiner shall transmit its
recommendations on the proposed agreement to the city council. The city council
is hereby authorized to approve, approve with conditions, or deny, a proposed
development agreement after considering the hearing examiner’s
recommendations at a closed record hearing.

11-37-2      Application:     Development agreement applications must be
submitted on forms provided by the city clerk-treasurer. The city planner may
require any additional information necessary in order for the city to adequately
review the proposed agreement.

11-37-3      Required Findings: In addition to any required findings for the
underlying action, the city council must be able to find that a development
agreement:

A.     Bears a substantial relationship to the public health, safety, morals and
       welfare;

B.     Is consistent with the city’s development regulations; and

C.     Is consistent with the city’s comprehensive plan.




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Land Development Code                                                   Ordinance No. 836
CHAPTER 11-38           VOLUNTARY AGREEMENT

SECTION:
11-38-1        Purpose
11-38-2        Payment Calculations and Provisions

11-38-1        Purpose: An applicant may enter into a voluntary agreement with
the city to allow a payment in lieu of dedication of land or to mitigate a direct
impact that has been identified as a consequence of a proposed development,
subdivision, or plat. The voluntary agreement shall not be used for open space
required to be in buffer yards, stormwater facilities, sensitive area management
tracts, wetland buffers, required landscaping or any other open space required to
be on-site.

11-38-2        Payment Calculations and Provisions:

A.     Calculation for payment in lieu of land dedication. The payment in lieu of
       dedication of land shall be calculated based on the assessed land value of
       the entire property within the proposed development, subdivision, or plat.
       The assessed land value shall be the amount on record with the Pierce
       County assessor’s office on the date when a complete project permit
       application is received by the city planner or the calendar year of final
       subdivision or plat approval. The payment shall be calculated by
       multiplying the percentage of total land that would have been dedicated by
       the applicant times the above mentioned assessed land value.

B.     Calculation for Payment in Lieu of Mitigation. The payment in lieu of
       mitigation shall be based on the actual cost of the proposed mitigation.
       The applicant shall submit a cost estimate for the proposed mitigation to
       the city planner for review and approval. The city planner may rely on
       other cost estimates or information if the applicant’s estimate is not
       acceptable.

C.     Payment Provisions. The voluntary agreement is subject to the following
       provisions:

       1. The payment shall be received by the city prior to the issuance of a
       project permit or approval of a final subdivision or plat.

       2. The payment shall be held in a reserve account and may only be
       expended to fund a purchase or improvement of open space within 2,000
       feet of the perimeter of the project site or expansion or improvement to a
       citywide park.

       3. The payment shall be expended in all cases within 5 years of collection.

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Land Development Code                                                Ordinance No. 836
       4. Any payment not so expended shall be refunded with interest at the rate
       applied to judgments to the property owners of record at the time of the
       refund. However, if the payment is not expended within 5 years due to
       delay attributable to the developer, the payment shall be refunded without
       interest.




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Land Development Code                                               Ordinance No. 836
CHAPTER 11-39 RESERVED




RCC Title 11             250   Effective July 22, 2009
Land Development Code              Ordinance No. 836
CHAPTER 11-40           LAND DIVISIONS – GENERAL PROVISIONS

SECTION:
11-40-1        Purpose
11-40-2        Authority
11-40-3        Scope
11-40-4        Exemptions
11-40-5        Effect of filing completed application

11-40-1       Purpose: The purpose of this title’s land division provisions is to
regulate the subdivision of land and to promote the public health, safety and
general welfare in accordance with standards established by the state to prevent
the overcrowding of land; to lessen congestion in the streets and highways; to
promote effective use of land; to promote safe and convenient travel by the
public on streets and sidewalks; to provide for adequate light and air; to facilitate
adequate provision for water, sewerage, utilities, drainage, parks and recreation
areas, sites for schools and school grounds and other public requirements; to
provide for proper ingress and egress; to provide for the expeditious review and
approval of proposed subdivisions that conform to zoning standards and local
plans, minimum development standards and policies; to adequately provide for
the housing and commercial needs of the citizens of the state; and to require
uniform monumenting of land subdivisions and conveyancing by accurate legal
description.

11-40-2        Authority: This title’s land division provisions are adopted pursuant
to the provisions of RCW 58.17. The Roy city council delegates the responsibility
for making final determinations on boundary line adjustments and short plats to
the city planner or designee. The hearing examiner shall have the authority to
make recommendations on preliminary plats, plat alterations and plat vacations.
The city council shall make the final decision on all preliminary plats, plat
alterations, plat vacations and final plats.

11-40-3        Scope: Any division, redivision, platting or subdivision or any
division of land containing a dedication of any part thereof to any public purpose
(such as public street or a highway) shall comply with the provisions of this title.

11-40-4      Exemptions: This title shall not apply to divisions and activities
described in RCW 58.17.040; provided, that in order to determine whether a
boundary line adjustment meets the requirements for an exempt action, approval
must be received from the city planner as set forth in chapter 11-41.

11-40-5        Effect of filing completed application:

A.      A proposed division or subdivision of land, as defined in Chapter 11-3,
        shall be considered under the subdivision code and zoning or other land
        use control ordinances in effect at the time a fully completed application
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Land Development Code                                                   Ordinance No. 836
       for preliminary plat approval or short plat approval of the division has been
       submitted to the city planner.

B.     The limitations imposed by this section shall not restrict conditions
       imposed under the State Environmental Policy Act (“SEPA”), Chapter
       43.21C RCW, and the city’s SEPA regulations.




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Land Development Code                                                 Ordinance No. 836
CHAPTER 11-41           BOUNDARY LINE ADJUSTMENTS

SECTION:
11-41-1        Requirements for a complete application
11-41-2        Type of application
11-41-3        Optional pre-application conference
11-41-4        Criteria for approval
11-41-5        Submittal of boundary line adjustment for recording

11-41-1      Requirements for a complete application: An applicant for a
boundary line adjustment shall submit five copies of the following:

A.     A complete application, as described in section 11-5-1.

B.     A map at a scale of 50 feet to one inch or larger that depicts existing
       and proposed property configurations, including all lot line dimensions,
       buildings, setbacks, easements and similar pertinent information.

C.     A legal description of the existing property configuration and proposed
       property configuration, prepared by a licensed professional land surveyor.

D.     Pertinent survey data compiled as a result of a survey made by or under
       the supervision of a land surveyor registered in the state and engaged in
       land surveying.

E.     A current title report.

11-41-2       Type of application: A boundary line adjustment is a Type I
application, and the city planner shall make the final decision. The application
shall be processed as set forth in chapter 11-5.

11-41-3       Optional pre-application conference: Prior to submittal of an
application for a boundary line adjustment, an applicant may request a pre-
application conference. The pre-application conference is intended to enable the
applicant and city staff to review a conceptual plan prior to a formal survey being
conducted and documentation being submitted for the boundary line adjustment.

11-41-4       Criteria for approval:      The city planner shall approve an
application for a boundary line adjustment if it is determined that:

A.     No additional lot, tract, parcel, site or division will be created by the
       proposed adjustment;

B.     No lot is created or modified which contains insufficient area and
       dimensions to meet the minimum requirements of the zone in which the

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Land Development Code                                                Ordinance No. 836
       affected lots are situated, except that an existing substandard lot may be
       modified; provided, that its nonconformity is not increased;

C.     No lot is created or modified which does not have adequate drainage,
       water supply, sanitary sewage disposal, access for vehicles, utilities and
       fire protection, and no existing easement in favor of the public is rendered
       impractical to serve its purpose;

D.     The boundary line adjustment is consistent with the applicable provisions
       or this title; and

E.     The city engineer has certified in writing that the boundary line adjustment
       map legal descriptions and related documentation are suitable for
       approval by the city and recording with the Pierce County auditor.

11-41-5        Submittal of boundary line adjustment for recording: The
applicant shall provide the city with a reproducible boundary line adjustment map
(Mylar or equivalent) that has been signed by all required parties. The city will
record the map with the Pierce County auditor, retain a copy of the recorded map
for city records, and provide the applicant with a recorded copy of the map. The
applicant shall be responsible for all city costs associated with recording.




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Land Development Code                                                Ordinance No. 836
CHAPTER 11-42           SHORT PLATS

SECTION:
11-42-1        Requirements for a complete application
11-42-2        Type of application
11-42-3        Optional pre-application conference
11-42-4        Criteria for approval
11-42-5        Findings and conclusions
11-42-6        Dedications
11-42-7        Construction of improvements
11-42-8        Prohibition on further division
11-42-9        Time frame for approval
11-42-10       Submittal of short plat for recording

11-42-1       Requirements for a complete application: An applicant for a
short plat shall submit five copies of the following items. The number of copies
required may be modified by the city planner.

A.     A complete application, as set forth in Section 11-5-1.

B.     A map at a scale of 50 feet to one inch or larger of the entire contiguous
       tract owned by the applicant, which shall show:

       1. The owners of adjacent land and the names of any adjacent
       subdivisions;

       2. Lines marking the boundaries of the proposed lots;

       3. Approximate locations of existing streets and ways or easements for
       such streets and ways within and adjacent to the tract;

       4. Legal description of the parent tract with alpha or numerical
       designations for all proposed lots or remainders;

       5. Name and address of the owner(s) of the tract;

C.      A certificate giving full and complete description of the lands divided as
        they appear on the short plat, including a statement that the short
        subdivision has been made with free consent and in accordance with the
        desires of the owner(s). If the short plat includes a dedication, the
        certificate shall also contain the dedication of all streets and other areas to
        the public, and individual(s), religious society or societies or to any
        corporation, public or private, as shown on the short plat, and a waiver of
        all claims for damages against any governmental authority that may be
        occasioned to the adjacent land by the established construction, drainage,
        and maintenance of the road. The certificate shall be signed and
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Land Development Code                                                       Ordinance No. 836
       acknowledged before a notary public by all parties having any interest in
       the lands subdivided;

D.     A current title report confirming that the title of the lands as described and
       shown on the plat is in the name of the owner signing the certificate.
       Roads to be dedicated to the public or any roads that will not be dedicated
       to the public must be clearly marked on the face of the plat. Any
       dedication, donation, or grant as shown on the face of the plat shall be
       considered for all intents and purposes as a quit claim deed to the donee
       or donees, grantee or grantees, for his, her or their use for the purpose
       intended by the donors or grantors as aforesaid; and

E.     Pertinent survey data, including lot closure calculations, compiled as a
       result of a survey made by or under the supervision of a land surveyor
       registered in the state and engaged in land surveying.

11-42-2        Type of application: A short plat is a Type II application and the
city planner shall make the final decision. The application shall be processed as
set forth in chapter 11-5.

11-42-3      Optional pre-application conference: Prior to submittal of an
application for a short plat, an applicant may request a pre-application
conference. The pre-application conference is intended to enable the applicant
and city staff to review a conceptual plan prior to a formal survey being
conducted and documentation being submitted for the short plat.

11-42-4      Criteria for approval: The city planner shall approve the short
subdivision and short plat if it has been determined that:

A.     The application conforms to Chapter 11-43, General Requirements for
       Subdivision Approval;

B.     Appropriate provisions are made for, but not limited to, the public health,
       safety and general welfare, for open spaces, drainage ways, streets or
       roads, alleys, other public ways, transit stops, potable water supplies,
       sanitary wastes, power, parks and recreation, playgrounds, schools and
       school grounds, and for sidewalks and other planning features that assure
       safe walking conditions for students who walk to and from school; and

C.     The public interest will be served by the subdivision and dedication.

11-42-5        Findings and conclusions: The city planner shall not approve a
short plat and short subdivision unless written findings are made that each of the
criteria listed in section 11-42-4 has been satisfied and the city engineer has
certified in writing that the short plat, legal descriptions and related

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documentation comply with the general requirements for subdivision approval set
forth in chapter 11-43.

11-42-6       Dedications: If public dedications are required for a short plat, the
city planner’s approval of the short plat shall be conditioned on city council
acceptance of the required dedications. The short plat and offer of dedication,
along with any certificate and related documentation required by the city
engineer, shall be forwarded to the city council for acceptance at a public
meeting. An approved short plat shall not be filed for record until the applicant
has obtained city council acceptance of all public dedications required for
approval.

11-42-7        Construction of improvements: An approved short plat shall not
be filed for record until the applicant has constructed all improvements required
by the city planner in the final decision on the short plat pursuant to section 11-
42-4. A certificate of completion stating that all improvements have been
installed in accord with the requirements of these regulations and accepted by
the city upon the recommendation of the city engineer, as certified by the city
clerk-treasurer, shall be accepted by the city planner prior to recording of the
short plat.

11-42-8         Prohibition on further division: Property in short subdivisions
may not be further divided in any manner within a period of five years without the
filing of a final plat, except that when the short plat contains less than four parcels
nothing in this section shall prevent the owner who filed the short plat from filing
an alteration within the five-year period to create up to a total of four lots within
the original short plat boundaries.

11-42-9       Time frame for approval: To the extent feasible, short plats shall
be approved, disapproved or returned to the applicant for modification or
correction within 30 days after the date of filing of a complete application unless
the applicant agrees to an extension of time or approval of a higher numbered
type of application is required for short plat approval and the optional
consolidated permit process is used pursuant to section 11-4-6.

11-42-10        Submittal of short plat for recording: The applicant shall provide
the city with a reproducible short plat map (Mylar or equivalent) that has been
signed by all required parties. The city will record the map with the Pierce
County auditor, retain a copy of the recorded map for city records, and provide
the applicant with a recorded copy of the map. The applicant shall be responsible
for all city costs associated with recording.




RCC Title 11                             257                        Effective July 22, 2009
Land Development Code                                                   Ordinance No. 836
CHAPTER 11-43           PRELIMINARY PLATS

SECTION:
11-43-1        Requirements for a complete application
11-43-2        Type of application
11-43-3        Optional pre-application conference
11-43-4        Criteria for approval
11-43-5        Findings and conclusions
11-43-6        Time frame for approval

11-43-1       Requirements for a complete application: An applicant for a
preliminary plat shall submit 10 copies of the following items. The number of
copies required may be modified by the city planner.

A.     A complete application, as set forth in Section 11-5-1.

B.     A map at a scale of 100 feet to one inch or larger, showing:

       1. Topographical and other data depicting:

              a. Boundary lines of the parent tract and proposed blocks and lots,
       including bearing and distance;

               b. Easements, including location, width and purpose;

              c. Existing and proposed streets and pedestrian ways on and
       adjacent to the tract, including name and right-of-way width and location;
       type, width and elevation of surfacing, walks, curbs, gutters, culverts, etc.;

              d. Ground elevations on the tract, based on NGVD29; for land that
       slopes less than approximately two percent, show spot elevations at all
       breaks in grade, along all drainage channels or swales, and all selected
       points not more than 100 feet apart in all directions; for land that slopes
       more than approximately two percent, either show contours with an
       interval of not more than five feet if ground slope is regular and such
       information is sufficient for planning purposes, or show contours with an
       interval of not more than two feet if necessary because of irregular land or
       need for more detailed data for preparing plans and construction
       drawings;

                e. Other conditions on adjacent land, including approximate
        direction and gradient of ground slope, including any embankments or
        retaining walls; character and location of buildings, railroads, power lines,
        towers, and other nonresidential land uses or platted land within 300 feet
        of the subject property. Refer to subdivision plat by name, recording date,
        volume and page number, and show lot size and dwelling units;
RCC Title 11                             258                        Effective July 22, 2009
Land Development Code                                                      Ordinance No. 836
       2. Utilities on and adjacent to the tract, including location, size and inverts
       elevation of sanitary, storm and combined sewers; location and size of
       water mains; location of gas lines, fire hydrants, electric and telephone
       poles, and street lights. If water mains and sewers are not on or adjacent
       to the tract, indicate the direction and distance to, and size of nearest
       ones, showing invert elevation of sewers;

       3. Other conditions on the tract including watercourses, marshes, rock
       outcrop;

       4. Zoning district designations, on and adjacent to the tract;

       5. Proposed public improvements, including highways or other major
       improvements planned for the development including preliminary plan and
       profile designs of street, storm and water facilities by a Washington State
       registered civil engineer. The relationship to, and integration with, other
       planned or existing public improvements shall be established and shown;

       6. Vicinity showing location of the tract;

       7. Sites, if any, to be reserved or dedicated for parks, playgrounds, or
       other public uses;

       8. Sites, if any, for multifamily dwellings, shopping centers, churches,
       industry or other nonpublic uses exclusive of single-family dwellings;

       9. Minimum building setback lines;

       10. Site data, including number of residential lots, typical lot size, and
       acres in parks, etc.;

       11. Plat name, scale, north arrow and date;

       12. Typical cross-sections of the proposed grading, roadway and
       sidewalk;

       13. Proposed sanitary, storm water, electrical, and water systems
       preliminary plan with points of connection, grades and sizes indicated,
       prepared by a properly registered engineer.

C.     Current title report and certificates, including a legal description according
       to official records in the office of the county auditor; pertinent survey data
       compiled as a result of a survey made by or under the supervision of a
       land surveyor registered in the state and engaged in land surveying which
       contains notation stating acreage, scale, north arrow, datum, and bench

RCC Title 11                             259                       Effective July 22, 2009
Land Development Code                                                  Ordinance No. 836
       marks, provided in an electronic file in state plane coordinates if available;
       certification of registered civil engineer and land surveyor; date of survey.

D.     Certification from the local health department or other agency furnishing
       sewage disposal and supplying water as to the adequacy of the proposed
       means of sewage disposal and water supply;

E.     Draft of proposed covenants, if any.

11-43-2       Type of application: A preliminary plat is a Type III-B application
and the city council shall make the final decision.

11-43-3       Optional pre-application conference: Prior to submittal of an
application for a preliminary plat, an applicant may request a pre-application
conference. The pre-application conference is intended to enable the applicant
and city staff to review a conceptual plan prior to a formal survey being
conducted and documentation being submitted for the preliminary plat.

11-43-4      Criteria for approval: The hearing examiner shall recommend
approval, and the city council shall approve the subdivision and/or dedication if it
has been determined that:

A.     The preliminary plat conforms to Chapter 11-43, General Requirements
       for Subdivision Approval;

B.     Appropriate provisions are made for, but not limited to, the public health,
       safety and general welfare, for open spaces, drainage ways, streets or
       roads, alleys, other public ways, transit stops, potable water supplies,
       sanitary wastes, power, parks and recreation, playgrounds, schools and
       school grounds, and for sidewalks and other planning features that assure
       safe walking conditions for students who walk to and from school; and

C.     The public interest will be served by the subdivision and/or dedication.

11-43-5         Findings and conclusions: The hearing examiner shall not
approve the preliminary plat, unless written findings are made that each of the
criteria listed in section 11-43-4 has been satisfied.

11-43-6        Time frame for approval: To the extent feasible, preliminary plats
of any proposed subdivision and dedication shall be approved, disapproved, or
returned to the applicant for modification or correction within 90 days from the
date of filing of a complete application; provided, that if an environmental impact
statement is required as provided in RCW 43.21C.030, the 90-day period shall
not include the time spent preparing and circulating the environmental impact
statement by the city.

RCC Title 11                            260                        Effective July 22, 2009
Land Development Code                                                  Ordinance No. 836
CHAPTER 11-44           FINAL PLATS

SECTION:
11-44-1        Requirements for a complete application
11-44-2        Type of application
11-44-3        Time frame for submission of final plat
11-44-4        Recommendations and certificates as prerequisites for final
               plat approval
11-44-5        Criteria for approval
11-44-6        Effect of final plat approval
11-44-7        Time frame for approval
11-44-8        Submittal of final plat for recording

11-44-1       Requirements for a complete application: An applicant for a
final plat shall submit 10 copies of the following items. The number of copies
required may be modified by the city planner.

A.     A complete application, as set forth in Section 11-5-1.

B.     One copy of the final plat on reproducible Mylar or equivalent, 18 inches
       wide by 24 inches long, at a scale of 100 feet to one inch or larger
       (preferred scale 50 feet to one inch), with 20 paper copies and one
       reduced size 11 inch by 17 inch paper copy. The plat must contain:

       1. Primary control points, approved by the city engineer, or descriptions
       and “ties” to such control points, to which all dimensions, angles, bearings,
       and similar data on the plat shall be referred;

       2. Tract boundary lines, right-of-way lines of streets, easements and other
       rights-of-way, and property lines of residential lots and other sites, with
       accurate dimensions, bearings, and radii, arcs, and central angles of all
       curves’ arcs;

       3. Name and right-of-way width of each street or other right-of-way;

       4. Location, dimensions and purpose of any easement;

       5. Tract number to identify each lot or site;

       6. Lot closure calculations;

       7. Purpose for which sites, other than residential lots, are dedicated or
       reserved;

       8. Minimum building setback line on all lots and other sites;

RCC Title 11                             261                      Effective July 22, 2009
Land Development Code                                                 Ordinance No. 836
       9. Location and description of monuments by symbol;

       10. Reference to plats of adjoining land by their recorded name, date,
       volume and page number;

       11. Certification by licensed land surveyor in a format approved by the city
       engineer;

       12. A certificate giving a full and correct description of the lands divided as
       they appear on the plat including a statement that the subdivision has
       been made with the free consent and in accordance with the desires of the
       owner(s). If the plat contains a dedication the certificate shall also contain
       the dedication of all streets and other areas to the public and individual(s),
       religious society or societies or to any corporation public or private as
       shown on the plat, and a waiver of all claims for damages against any
       governmental authority which may be occasioned to the adjacent land by
       the established construction drainage, and maintenance of the road. The
       certificate shall be signed and acknowledged before a notary public by all
       parties having any interest in the lands subdivided;

       13. Plat name, scale, north arrow, date and legend of symbols;

C.     For all plats containing a dedication filed for record, a current title report
       confirming that the title of the lands as described and shown on the plat is
       in the name of the owners signing the certificate (two copies);

D.     An offer of dedication, which may include a waiver of right of direct access
       to any street from any property, and, if the dedication is accepted, any
       such waiver is effective. Such waiver may be required by the city as a
       condition of approval. Roads not dedicated to the public must be clearly
       marked on the face of the plat. Any dedication, donation or grant as shown
       on the face of the plat shall be considered for all intents and purposes as a
       quit claim deed to the donee or donees, grantee or grantees, for his, her
       or their use for the purpose intended by the donors or grantors as
       aforesaid;

E.     A signed and certified professional engineer’s report summarizing the
       work done to assure quality control in connection with plan checking,
       inspecting, and testing as to all plat improvements including water lines,
       sanitary sewer lines, storm water retention and drainage systems, streets,
       curbs, gutters and sidewalks, and showing review and acceptance by the
       city engineer;

F.      Final plans and profiles of all utilities and street improvements prepared by
        a certified professional engineer showing review and acceptance by the
        city engineer (five copies);
RCC Title 11                                262                      Effective July 22, 2009
Land Development Code                                                      Ordinance No. 836
G.     Certificate of completion of one of the following alternatives:

       1. All improvements have been installed in accord with the requirements of
       these regulations and accepted by the city upon the recommendation of
       the city engineer;

       2. Approved plans are on file with the city engineer for all required utilities
       and street improvements and a cash or surety bond as provided in chapter
       11-43 has been posted and deposited with the city clerk-treasurer.

11-44-2       Type of application: A final plat is a Type IV application. The
hearing examiner shall make a recommendation to the city council, which shall
make a closed record final decision. Applications shall be processed as set forth
in chapter 11-5.

11-44-3       Time frame for submission of final plat: A final plat meeting all
requirements of chapter 58.17 RCW and this title shall be submitted to the city for
approval within five years of the date of preliminary plat approval.

11-44-4       Recommendations and certificates as prerequisites for final
plat approval: Each final plat submitted for approval shall be accompanied by
the following written statements:

A.     A certification from the local health department or other agency furnishing
       sewage disposal and supplying water as to the adequacy of the proposed
       means of sewage disposal and water supply;

B.     A recommendation from the hearing examiner as to compliance with all of
       the terms of preliminary approval of the proposed plat or dedication;

C.     A signed and certified statement from the responsible Washington State
       registered professional engineer as to compliance with all of the
       preliminary approval requirements for infrastructure improvements or
       guarantees thereof and conformance of the final plat with the general
       requirements for subdivision approval set forth in chapter 11-46, chapter
       58.17 RCW and other applicable state laws;

D.     A certification from the city engineer that based on evidence presented,
       required subdivision improvements appear to be constructed to city
       standards.

11-44-5         Criteria for approval: The city council shall approve a final plat
application if the subdivision proposed for approval:

A.      Meets all general requirements for plat approval as set forth in chapter 11-
        46, General Requirements for Subdivision Approval;
RCC Title 11                            263                       Effective July 22, 2009
Land Development Code                                                    Ordinance No. 836
B.     Substantially conforms to the terms of the preliminary plat approval; and

C.     Meets the requirements of chapter 58.17 RCW, other applicable state
       laws, this title and any other applicable city ordinances which were in
       effect at the time of preliminary plat approval. The city council may
       approve a final plat that incorporates minor modifications from the
       preliminary plat; provided that the final plat substantially conforms to the
       terms of the preliminary plat approval. In such case no further open record
       hearing is required.

       The city council shall make written findings of fact relating to its decision
       on the final plat and any public dedications or vacations associated with
       the plat, and if approved shall suitably inscribe and execute its written
       approval, including acceptance of public dedications or vacations, on the
       face of the plat.

11-44-6        Effect of final plat approval: Any lots in a final plat filed for record
shall be a valid land use notwithstanding any change in zoning laws for a period
of five years from the date of filing. A subdivision shall be governed by the terms
of approval of the final plat, and the statutes, ordinances and regulations in effect
at the time of approval under RCW 58.17.150(1) and (3) for a period of five years
after final plat approval unless the city council finds that a change in conditions
creates a serious threat to the public health or safety in the subdivision.

11-44-7       Time frame for approval: To the extent feasible, final plats shall
be approved, disapproved or returned to the applicant for modification or
correction within 90 days after the filing of a complete application.

11-44-8       Submittal of final plat for recording: The applicant shall provide
the city with a reproducible final plat map (Mylar or equivalent) that has been
signed by all required parties. The city will record the map with the Pierce
County auditor, retain a copy of the recorded map for city records, and provide
the applicant with a recorded copy of the map. The applicant shall be
responsible for all city costs associated with recording.




RCC Title 11                             264                        Effective July 22, 2009
Land Development Code                                                   Ordinance No. 836
CHAPTER 11-45           PLAT VACATION AND ALTERATION

SECTION:
11-45-1        Requirements for a complete plat vacation application
11-45-2        Type of approval and criteria for approval of a plat vacation
11-45-3        Requirements for a complete plat alteration application
11-45-4        Type of application and criteria for approval of a plat alteration
11-45-5        Submittal of plat alteration for recording

11-45-1       Requirements for a complete plat vacation application: An
applicant for a plat vacation shall submit 10 copies of the following items. The
number of copies required may be modified by the city planner.

A.     A complete application, as set forth in Section 11-5-1.

B.     A written statement summarizing the reasons for the proposed vacation;

C.     Signatures of all parties having an ownership interest in that portion of the
       subdivision proposed to be vacated;

D.     If the subdivision is subject to restrictive covenants which were filed at the
       time of the approval of the subdivision, and the application for vacation
       would result in the violation of a covenant, the application shall contain an
       agreement signed by all parties subject to the covenants providing that the
       parties agree to terminate or alter the relevant covenants to accomplish
       the purpose of the vacation of the subdivision or portion thereof;

E.     Copies of the approved plat sought to be vacated, together with a plat
       amendments recorded since the date of the original approval.

11-45-2        Type of approval and criteria for approval of a plat vacation:

A.     Type of Application. A plat vacation is a Type III-B application. The
       hearing examiner shall make a recommendation, and the council shall
       make the final decision. A short plat vacation is Type II application and
       shall be processed in accordance with chapter 11-42.

B.     Criteria for Approval. The plat vacation may be approved or denied after a
       written determination is made whether the public use and interest will be
       served by the vacation of the subdivision. If any portion of the land
       contained in the subdivision was dedicated to the public for public use or
       benefit, such land, if not deeded to the city, shall be deeded to the city
       unless the city council sets forth findings that the public use and interest
       would not be served in retaining title to those lands.


RCC Title 11                            265                        Effective July 22, 2009
Land Development Code                                                  Ordinance No. 836
C.     Vacation of Streets. When the vacation application is specifically for a city
       street vacation, the city’s street vacation procedures shall be utilized.
       When the application is for the vacation of a plat together with the streets,
       the procedure for vacation in this section shall be used, but vacations of
       streets may not be made that are prohibited under chapter 35.70 RCW or
       the city’s street vacation ordinance. Private rights or potential rights need
       to be respected in any vacation of existing street dedications.

11-45-3       Requirements for a complete plat alteration application: An
applicant for a plat vacation shall submit 10 copies of the following items. The
number of copies required may be modified by the city planner.

A.     A complete application, as set forth in Section 11-5-1.

B.     Signatures of the majority of those persons having an ownership interest
       of lots, tracts, parcels, sites or divisions in the subject subdivision or
       portion to be altered;

C.     If the subdivision is subject to restrictive covenants which were filed at the
       time of the approval of the subdivision, and the application for alteration
       would result in the violation of a covenant, the application shall contain an
       agreement signed by all parties subject to the covenants providing that the
       parties agree to terminate or alter the relevant covenants to accomplish
       the purpose of the alteration of the subdivision or portion thereof;

D.     Copies of the approved plat sought to be altered, together with all plat
       amendments recorded since the date of the original approach.

11-45-4        Type of application and criteria for approval of a plat
alteration:

A.     Type of Application. A plat alteration is a Type III-B application. The
       hearing examiner shall make a recommendation, and the city council shall
       make the final decision. A short plat alteration is a Type II application and
       shall be processed in accordance with chapter 11-42.

B.      Criteria for Approval. The plat alteration may be approved or denied after
        a written determination is made whether the public use and interest will be
        served by the alteration of the subdivision. If any land within the alteration
        is part of an assessment district, any outstanding assessments shall be
        equitably divided and levied against the remaining lots, parcels, or tracts,
        or be levied equitably on the lots resulting from the alteration. If any land
        within the alteration contains a dedication to the general use of persons
        residing within the subdivision, such land may be altered and divided
        equitably between the adjacent properties. A plat alteration must also be
        consistent with section 11-45-2.C.
RCC Title 11                             266                        Effective July 22, 2009
Land Development Code                                                      Ordinance No. 836
C.     Revised Plat. After city council approval of the alteration, the city council
       shall direct the applicant to produce a revised drawing of the approved
       alteration of the final plat, which after signature of the mayor, shall be filed
       with the Pierce County auditor to become the lawful plat of the property.

11-45-5       Submittal of plat alteration for recording: The applicant shall
provide the city with a reproducible plat vacation or plat alteration map (Mylar or
equivalent) that has been signed by all required parties. The city will record the
map with the Pierce County auditor, retain a copy of the recorded map for city
records, and provide the applicant with a recorded copy of the map. The
applicant shall be responsible for all city costs associated with recording.




RCC Title 11                             267                        Effective July 22, 2009
Land Development Code                                                   Ordinance No. 836
CHAPTER 11-47           SUBDIVISION IMPROVEMENTS

SECTION:
11-47-1        Installation
11-47-2        Land clearance required
11-47-3        Street requirements
11-47-4        Sidewalk requirements
11-47-5        Curb area
11-47-6        Water main and sewer installations
11-47-7        Underground utility installations
11-47-8        Testing

11-47-1       Installation: Improvements required in this chapter shall be
designed and installed under the direction of a Washington State registered
professional engineer governed by the current edition of the Standard
Specifications for Roads and Municipal Construction as published by the
Washington State Department of Transportation and the Washington Chapter of
the American Public Works Association (APWA). All required subdivision
improvements and utility extensions shall be at the expense of the owner or
developer of the subdivision or short subdivision. The city will require a
professional certificate by the responsible engineer that the completed facilities
are in material compliance with the city-approved plans and specifications.

11-47-2      Land clearance required: Land being prepared for subdivision
must be free of stumps, logs, limbs and other buried debris along the entire width
and length of every proposed street right-of-way, access easement and utility
easement, to a minimum depth of five feet.

11-47-3        Street requirements:

A.     See Streetscape Design Standards and Guidelines adopted pursuant to
       chapter 11-28 for requirements relating to street types, widths and
       designs.

B.     See Chapter 8-2 Street Construction for grading and roadbed preparation
       requirements, street surface specifications, and other street construction
       specifications.

11-47-4        Sidewalk requirements:

A.     Specifications. All sidewalks shall be constructed in accordance with
       applicable city, state and federal regulations governing the use,
       construction or repair of city sidewalks. Construction materials and
       methods for curb, gutter and sidewalks shall conform to state
       specifications and standard drawings.

RCC Title 11                            268                     Effective July 22, 2009
Land Development Code                                               Ordinance No. 836
B.     Design. Sidewalks shall have a minimum width of five feet and be
       separated from the curb by a planter strip not less than five feet in width.
       In accordance with the city’s Streetscape Design Standards and
       Guidelines, the city may require a wider sidewalk pavement section to
       accommodate transit or other pedestrian facility requirements and may
       require a wider planter strip to accommodate street trees or utility
       installation. In commercial, light industrial and mixed use areas, the city
       may require a wider pavement section and placement of a sidewalk flush
       with a curb in lieu of a planter strip to accommodate greater levels of
       pedestrian activity. In such cases, tree wells and grates shall be located
       with a maximum separation of 30 feet on center, and a minimum
       unobstructed sidewalk width of five feet shall be maintained.

C.     Location. Sidewalks shall be constructed on both sides of all public and
       private streets, except where exempted in accordance with the city’s
       Streetscape Design Standards and Guidelines. The city may also waive
       the requirement for sidewalks in exceptional circumstances where, due to
       topography or other physical or environmental constraints, such
       construction would be infeasible or contrary to the public interest.

11-47-5         Curb area: After curbs are installed, area from curbs for a distance
of 10 feet to property line will be filled to curb level. Power, gas, telephone and
CATV main lines and stubs may be installed after backfill behind curbs is
accomplished. Crushed surface course (5/8 - 3/4” minus) shall be used as
backfill in all minor trenches to base of curb and sidewalk improvements.

11-47-6      Water main and storm sewer installations: All water mains and
storm sewers, if required, shall be installed with individual service connections to
each parcel or building site. All storm sewers and utilities shall be installed prior
to grading or paving of streets. Construction methods and materials shall
conform to Division 7 and 9, State Specifications, with engineered backfill of all
major trenching conforming to Section 2-09.3(1)E of the APWA standards.
Storm water facilities shall be designed in accordance with the 2005 Department
of Ecology Stormwater Management Manual. Domestic water facilities shall be
designed in accordance with the city’s adopted Water System Plan Update.

11-47-7       Underground utility installations: All electrical and telephone
distribution systems and service installed in those areas which shall be
subdivided and developed within the corporate limits of the city shall be placed
underground in accordance with all other applicable city ordinances. Construction
methods and materials shall conform to Division 7 and 9, State Specifications,
per APWA standards.

11-47-8        Testing: The developer shall be responsible to pay for testing of
all materials and for city costs associated with inspecting all phases of the work.

RCC Title 11                            269                        Effective July 22, 2009
Land Development Code                                                  Ordinance No. 836

								
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