    [From the U.S. Government Printing Office, www.gpo.gov]

                                          CITY OF ELMA

                                        ZONING ORDINANCE

                                     FIRST DRAFT PREPARED:

                                             JULY 1979

                        The preparation of this report was financially aided through
                        a grant from the Washington State Department of Ecology with
                        funds obtained from the National Oceanic and Atmospheric
                        Administration, and appropriated for Section 308 of the
                        Coastal Zone Management Act of 1972.

                                     ELMA ZONING ORDINANCE

               ARTICLE 1.       TITLE AND CONTENT

                                17.04.010.     Title

                                17.04.020.     Content
                                17.04.030.     Ordinance Interpretation

               ARTICLE 2.       DEFINITIONS

                                17.08.010.     General Construction

                                17.08.020.     Definitions

               ARTICLE 3.       GENERAL PROVISIONS

                                17.12.010.     Limitations
                                17.12.020.     Zoning Map Interpretation
               ARTICLE 4.       LAND USE DISTRICTS

                                17.16.010.     Purpose

                                17.16.020.     Districts

                                     R-1, Low Density Residential
                                     R-4, Moderate Density Residential
                                     C-1,  Land Intensive Commercial
                                     C-2,  Land Extensive Commercial
                                     C-3,  Light Commercial
                                     1-1,  Light Industrial
                                     1-2,  Heavy Industrial

               ARTICLE 5.       COMBINING DISTRICTS

                                17.40.010.     Definition
                                17.40.020.     Flood Hazard or FH Combining District
                                17.40.021.     Permitted Uses
                                17.40.022.     Regulations

               ARTICLE 6.       SPECIAL CONDITIONS
                                17.44.010.     Purpose
                                17.44.020.     Special Use Regulations
                                17.44.021.     Temporary Amusements & Public Assembly
                                17.44.022.     Home Occupations
                                17.44.023.     Resource Extraction & Grading
                                17.44.024.     Animals
                 K4*-           17.44.025.     Architectural Features

                               17.44.026.    Special Requirements for Corner Lots
                               17.44.027.    Exceptions to Height Restrictions
                               17.44.028.    Storage of Vehicles & Other Materials
                               17.44.029.    Location of Off-Street Parking
                               17.44.030.    Improvement of Parking Space & Access

               ARTICLE 10.     BOARD OF ADJUSTMENT

                               17.48.010     Establishment

                               17.48.020.    Membership

                               17.48.030.    Officers

                               17.48.040.    Meetings

                               17.48.050.    Procedure

                               17.48.060.    Appeals from Administrative Decisions
                               17.48.070.    Appeal Forms
                               17.48.080.    Public Notice & Procedure of Meetings

                               17.48.090.    Decision

                               17.48.100.    Revocation

                               17.48.110     Record

               ARTICLE 11.     CONDITIONAL USE PERMITS

                               17.52.010     Purpose
                               17.52.020.    Application
                               17.52.030.    Report of Findings

                               17.52.040.    Final Authorization

                               17.52.050.    Expiration

               ARTICLE 12.     VARIANCES

                               17.54.010.    Purpose & Intent

                               17.54.020.    Authorization

                               17.54.030.    Application
                               17.54.040.    Notice of Hearing
                               17.54.050.    Criteria for Granting a Variance
               ARTICLE 13.     NON-CONFORMING USES, LOTS, OR STRUCTURES

                               17.58.010.    Purpose
                               17.58.020.    Provisions for Non-Conforming Uses
                               17.58.030.    Alteration of Non-Conforming Uses
                               17.58.040.    Previously Granted Conditional Use Permits
                                               and Variances

                               17.58.050.    Non-Conforming Lots

               ARTICLE 14.     TERRITORIES ANNEXED

                               17.62.010.    Preliminary Classification
                               17.62.020.    Previously Zoned Non-Residential
                                               Territories

                                               .-ii-

                               17.62.030.    Classification Other than R-1
               ARTICLE 15,     AMENDMENTSAND CHANGES
                               17.66.010.    Purpose
                               17.66.020.    Initiation of Amendment
                               17.66.030.    Referral to Planning Commission
                               17.66.040.    Planning Commission Action
                               17.66.050.    Council Action
                               17.66,060.    Public Hearing
               ARTICLE 16.     FEES
                               17.70.010.    Purpose
                               17.70.020.    Processing Fees
                               17.70.030.    Permit Issuance Fees
               ARTICLE 17.     ENFORCEMENT,  VIOLATION, AND PENALTIES
                               17.72.010.    Enforcement
                               17.72.020.    Applications for Building Permits
                               17.72.030.    Violations

                               17.72.040.    Penalties

                ARTICLE 1. TITLE AND CONTENT
                Section 17.04.010. Title and Purpose. This Ordinance and, all amendments thereto
                     shall be known as "The Zoning Ordinance for the City of Elma, Washington."

                Section 17.04.020. Content. This Ordinance shall consist of the text hereof as

                     well as that certain map identified by the approving signature of the
                     Mayor and City Clerk as the Zoning Map of the City of Elma, now on file in
                     the office of the city clerk.

                Section 17.04.030. Ordinance Interpretation. This Ordinance and each and all
                     of the terms within the text are to be read and interpreted in light of the
                     Zoning Map. If any conflict between the Map and the text of this Ordinance
                     is deemed to arise, the text of the Ordinance will prevail.
                     Where this Ordinance imposes greater restrictions upon the use or develop-
                     ment of land than is required by other laws, ordinances, rules, or regula-
                     tions, the provisions of this ordinance shall apply.
                     Unless specifically stated, it is not intended by this ordinance to abolish
                     or in any way interfere with any existing provision of law, regulation, per-
                     mits, easements, covenants, or previous agreements between parties relating
                     to the use of buildings or land, and such provisions shall apply unless pro-
                     visions within this Ordinance impose greater restrictions upon the use,
                     erection, moving or alteration of buildings or land.

                ARTICLE 2. DEFINITIONS

                Section 17.08.010. General Meaning. For purposes of defining terms within this
                      Ordinance, words used in the present tense include the future; words in the
                      singular include the plural and words in the plural number include the singu-
                      lar. The word "shall" denotes a mandate and the word "may" denotes the use
                      of discretion in making a decision. Words not defined herein shall be con-
                      strued as defined in the Building Code of the City of Elma.

                Section 17.08.020. Definitions.

                      Accessory Building. A detached building subordinate to the main building
                      located on the same lot as the main building in which an accessory use
                      may be located.

                      Accessory Use. A subordinate use which is customarily incidental to the
                      primary use of the premises and which does not alter or change the character
                      of the premises.

                      Advertising Area. The total number of square feet within the boundaries of
                      visual medium visible from any one direction and in the case of a cylindrical
                      or sperical shaped sign, the advertising area shall be the largest cross-sec-

                      tion thereof.

                      Alley. A public right-of-way not over thirty (30) feet wide affording a
                      secondary means of vehicular access to abutting lots but which is not in-
                      tended for general traffic circulation.

                      Arterial. Those streets designated within the Elma Comprehensive Plan as
                      those basically providing for through and-major traffic movement between
                      areas an4 across the city.

                      Appurtenant Sign. A sign located on the premises of the business, institu-
                      tion, or area providing the advertised product or service.

                      Board. The Board of Adjustment described in Article 10.

                      Boarding House. Any building or groups of buildings on the same lot con-
                      taining guest rooms where meals may be provided by the management as a part
                      of the consideration for the guest room.

                                                    .-2-

                      Building. Any structure built for the support, shelter, or enclosure of
                      persons, animals, chattels, or property of any kind.

                      Building Height. The vertical distance from the grade to the highest point
                      of the coping of a flat roof, or to the deck line of a mansard roof, or to
                      the average height of the highest gable of a pitch or hip roof.

                      Child Care Center. Any type of group child day-care center, including nur-
                      series for children of working mothers, nursery schools for children under
                      minimum age for education in public schools, privately conducted kinder-
                      gartens when not a part of a public or parochial school, a facility pro-
                      viding after-school care for school children, all of which must be licensed
                      by the State or City and conducted in accordance with State and City require-

                      ments.

                      Church. A building intended primarily for religious worship and accessory
                      uses including Sunday School, religious education classrooms, assembly rooms,
                      kitchen, library or reading rooms, recreation hall, a one-family dwelling
                      unit for religious staff, facilities for training of religious orders.

                      Club. (private) A non-profit social organization whose premises are re-
                      stricted to members and their guests.

                      Collector. Streets designated within the Comprehensive Plan as collecting
                      vehicular traffic from local streets and directing it to larger arterials.

                      Conditional Use. A use within a district which the Planning Commission in-
                      dicates will not disrupt the character of the area in which it is located yet
                      will conform to the goals, objectives, and policies of the Elma Comprehensive

                      Plan.

                      Density. The Total number of square feet in a lot divided by the number of
                      dwelling units located on the lot.

                      Dwelling Unit. One or more habitable rooms for one family with facilities
                      for living, sleeping, cooking, and eating, excluding rooms for temporary
                      living in hotels and motels.

                      Dwelling, efficiency. A one-bedroom dwelling unit designed to shelter one

                      or two persons.
                                                     -3-

                     Dwelling, Multiple Family. A building containing two     or more dwelling
                     units on a lot, intended for occupancy by three or more families which may
                     be owners, renters, or a combination of tenure.

                     Dwelling, Single Family or One Family. A building other than a mobile home
                     or trailer containing one dwelling unit on a lot, intended for occupancy by
                     one family which may be either the lot owner or a renter.

                     Family. An individual, or two or more persons related by blood or marriage
                     or legal custody, or a group of not more than,five persons who are not all
                     related by blood, marriage, or legal custody, living together in a dwelling

                     unit.

                     Grade. The average of the finished ground level at the center of all walls
                     of a building.

                     Gross Floor Area. The total area included within the surrounding walls of
                     a building.

                     Home Occupation. A use conducted within a dwelling unit or accessory build-
                     ing by-the inhabitants of the dwelling and which use is clearly incidental
                     and secondary to the use of the premises for dwelling purposes and which
                     does not change the character of the dwelling or premises.

                     Home, Convalescent or Rest. A home operated similarly to a boarding house,
                     but not restricted to any number' of guest rooms, the operation of which is
                     licensed by the Stat e or City, where special care such as nursing, dietary,
                     and other personal services are furnished to convalescents, invalids, and
                     aged persons for compensation and where no surgery, maternity, or other pri-
                     mary treatments are performed.

                     Hotel or Motel. Any building or group of buildings, or portions thereof,
                     located on the same lot containing guest rooms which are designed and/or
                     used primarily for temporary residence, for compensation. Terms such as
                     motor inn, motor lodge, and others with similar names are also included.

                     Kennel. A premises where four or more dogs or cats or combinations thereof,
                     at least six months of age, are kept by the owners of the animals or by per-
                     sons providing facilities and care, whether or not compensation is paid.

                                                     -4-

                      Lot. A contiguous tract of land whether described by metes and bounds and/or
                      by lot-by-lot and block designation in the recorded plat, which constitutes a
                      unit of land under single ownership.

                      Lot, Area, or Size. The total horizontal space included within the lot lines.

                      Lot, Corner. A lot at the junction of and abutting on two or more intersecting
                      streets where the angle of intersection is 135 degrees or less.

                      Lot, Depth. The horizontal dist ance between the mid-point of the front lot
                      line and the mid-point of the rear lot line.

                      Lot, Interior. A lot other than a corner lot.

                      Lot, Width. The lot area divided by the lot depth.

                      Lot Line, Front. For corner lots the shortest boundary of the lot abutting
                      a stre et. For interior lots, the boundary abutting the street, except for
                      "panhandle" lots where the front lot line shall be the boundary line (extended
                      the width of the lot) which represents the intersection of the driveway por-

                      tion of the lot with the buildable area of the lot.

                      Lot Line, Rear. The boundary of a lot opposite and most nearly parallel to

                      the front lot line.

                      Lot Line, Side. Any boundary line of a lot which is not a front line or a

                      rear lot line.

                      Lot of Record. A lot which has been recorded, as required by,the laws of the
                      State in the office of the Auditor of Grays Harbor County.

                      Mobile Home.   A dwelling unit permanently equipped with a transport chassis,
                      without motor power, at least fourteen (14) feet in width with more than 700
                      square feet of floor area, including all facilities required for a dwelling
                      unit and complying with the construction requirements of the State of Washing-

                      ton for such units.

                                                      -5-

                      Mobile Home Park. A lot on which two or more mobile homes are located and

                      used for sleeping, cooking, eating.

                      Non-appurtenant Sign. A sign not located on the premises of the business,
                      institution, or area providing the advertised product or service.

                      Nonconforming Building. A building, or portion thereof, which was lawfully
                      erected and maintained prior to the adoption of this ordinance but which does
                      @ot conform to the requirements of the zone in which it is located, as pro-
                      vided by this ordinance.

                      Nonconforming Use. A use which was lawfully established and maintained prior
                      to the adoption of this ordinance but which does not conform to the require-
                      ments of the zone in which it is located, as provided by this ordinance.

                      Ownership. Possession of fee title to real estate, or a legal contract to
                      purchase, or a legal contract (lease) assigning sole or pre-emptive right to
                      use or occupy real estate for a specified period of time.

                      Off-street Parking. An area not on a street right-of-way for the parking
                      of one automobile having convenient access to a street or alley.

                      Parking Area, Public, An open area. other than street, alley or reserved
                      parking area, which is available for parking of vehicles,

                      Permitted Use, A use allowed outright by the provisions of the various

                      zones or districts of this title.

                      Personal and Professional Services,. Beauty and barber shops; offices for
                      doctors,, dentists, and others engaged in human healing art&, provided no
                      over@night care is given; offices for engineers, attorneys, architects,
                      real estate sales, insurance agencies, travel agencies, ambulance services,
                      bail bonds, art and photography services; and other services similar to the
                      above and which do not principally involve the sale or.repair of merchandi.se
                      or equipment,

                      Projecting Sign. Any sign which sticks out away from the bullding or struc-

                      ture to which it is attached.

                                                     -6-

                      Rental. Permission to use or occupy real estate granted by the owner
                      thereof, which permission or occupancy may be terminated by either party
                      at any time without cause subject to appropriate notice.

                      Residential Rehabilitation Centers. Places harboring services, equipment,
                      and supplies used exclusively for housing repair or remodeling.

                      Right-of-way. Land over which the public has full dominance to place
                      alleys, streets, roads, rail tracks, or utility lines.

                      Secondhand Sales. Sale of items previously used,by other persons.

                      Service Station. A use which provides for the servicing of motor vehicles
                      and operations incidental thereto, limited to the retail sales of petroleum
                      products and automobile washing, waxing, or polishing by band; tire changing
                      and repairing; battery charging and replacement; radiator cleaning and flush-
                      ing; installation of accessories minor repair (excluding any painting of the
                      vehicle frame or body).

                      Sign. Any message, word,'symbol, design, picture, or visual medium which is
                      intended to draw attention to a product, service, business, person, institu-
                      tion, or location and is placed or painted on the ground, or on any tree, wall,
                      fence, rock, structure, or thing whatsoever, and placed thereon, whether indoor
                      or outdoor, so as to be visible from off-premises, but excluding legal notices
                      and safety and directional signs posted by public agencies.

                      Slope. The horizontal distance divided into the average vertical rise over

                      that distance.

                      Story. That portion of a building included between the upper surface of any
                      floor and the surface of the next floor or roof above and equaling at least
                      ten (10) feet.

                      Street Access. A land service street generally limited to providing access
                      to abutting property; a street generally tributary to major and secondary
                      streets and which generally discourages through traffic.

                      Structure. Anything constructed in the ground, or anything erected which

                                                     -7-

                      requires location on the ground or on water, or is attached to something
                      having location on or in the ground, but not including unroofed paved areas.

                      Trailer. A transportable vehicle with or without motor power designated
                      primarily for recreational purposes and equipped for cooking, eating, and/or
                      sleeping; OR a dwelling unit with characteristics of a mobile home with less
                      than 700 square feet of floor area.

                      Trailer Park. A lot on which one@or more trailers, motor homes, campers, or
                      tents are parked or located and used for cooking, eating, and/or sleeping pur-

                      poses.

                      Use. The nature of the occupancy, the type of activity, or the character and
                      form of improvement to which lands or buildings are or may be devoted.

                      Yard. An open space abutting a lot line unobstructed and unoccupied from the
                      ground upward except for certain exceptions allowed herein. A yard shall ex-
                      tend into the lot to the exterior wall of the building.

                      Yard, Front. A yard extending the full width of the lot abutting the front

                      lot line.

                      Yard, Rear. A yard extending the full width of the lot abutting the rear

                      lot line.

                      Yard, Side. A yard extending from the front yard, or from the front lot
                      line where no front yard exists, to the rear yard, or rear lot line where
                      no rear yard exists, and abutting a side lot line.

                                                     -8-

               ARTICLE 3. GENERAL PROVISIONS

                Section 17.12.010. Limitations. No building, structure, or land shall be erected,
                     reconstructed or used except as provided and allowed in the zone in which such
                     building, structure, or land is located. No existing lot nor any lot hereafter
                     established shall be altered to reduce yard, open space, or lot area required
                     by this ordinance.
                     No area reserved for street purposes, nor any area from an abutting lot shall
                     be included in determining total yard area within a specific lot, unless
                     specifically allowed elsewhere within this ordinance.

                Section 17.12.020. Zoning Map Interpretation. Where a zone boundary is shown as
                     a lot line, such lot line as surveyed on the ground or established on the
                     ground by a final decision of count of competent jurisdiction shall consti-
                     tute such boundary.
                     Where a zone boundaryis shown as a waterway, the boundary shall be the center

                     of the waterway.
                     Where a street or alley is officially vacated, the vacated area shall acquire
                     the classification of the property it abuts. Areas of dedicated streets,
                     alleys, and railroad rights-of-way, unless otherwise classified, shall be
                     deemed unclassified and in the case of streets and alleys shall be permitted
                     to be used only for street and alley purposes as herein defined. Railroad
                     rights-of-wav shnll accommodate only tracks. siqnals, other operative devices,
                     and the moveme-t of rolling stock.

                 ARTICLE 4. LAND USE DlSTRlCTS

                 Sertinn 17.16.010. Purpose. In order to accomplish the stated goals, objectives,
                       and policies of the Elma Comprehensive Plan, the follo*ine use classificationR

                       are established for the Citv of Elma:

                       Primary Districts
                            "R-l" or Low Density Residential
                            "R-4" or Moderate Density Residential
                            "C-l" or Land Intensive Commercial

                            "C-2" or Land Extensive Commercial
                            11C-3" or Light Commercial
                            "I-l" or Light Industrial
                            "1-2" or Heavy Industrial
                       Combining  District'
                            "F" or Flood Hazard

                   [District]
                 R-1 or Low Density Residential:
                 [Purpose]. This use is designed to preserve small-town qualities enjoyed by area
                       residents in the face of rapid growth and development; to reserve adequate
                       areas for play; to provide protection from building congestion which might
                       reduce light and healthful air.
                  [Permitted Uses]'

                       1. Single-family dwelling units.
                       2. Accessory uses and building incidental to single-family dwellings.subject
                            to "Sp ecial Conditions."
                       3. Agricultural Uses less than one (1) acre.
                  [Conditional Uses]'-
                       1.   Multiple-family dwelling structures containing two (2) but no more than
                            six (6) regular dwell.ing units or two.(2) but no more than twelve (12)
                            efficiency units.'or boarding houses    siibject to conditions and other-,
                            regulations:within this ordinance.
                       2.   Home Occupations subject to provisions in 17.44.022.
                       3.   Mobile Homes which conform to the regulations and requirements of single
                            family structures.
                       4.   Public uses including, but not limited to, parks, playgrounds, playfieldsi-
                            community centers, swimming pools, libraries, fire stations, public utili-
                            -ties and other public buildings and structures;
                       5. Quasi-public uses, including churches, parochial schools, sanitariums,
                            hospitals, Medical-Dental clinics, and nursing homes;
                                                         _10-

                      6. Golf courses, except midget golf courses or driving ranges or similar
                          commercial enterprises.,
                 All conditional uses approved on condition that they conform to the goals,
                 objectives, and policies of the Elma Comprehensive Plan.
                 [SpecialConditions)
                 Accessory Buildings. To maintain the open space characteristics in a
                 low density district, accessory buildings and uses shall not extend six-
                 teen (16) feet in 'height and shall be located in the rear area of the lot not
                 closer than ten (10) feet to any dwelling nor closer than fifteen (15) feet to
                 any side ftoperty line adjacent a street. The sideyard requirements for lots in
                 tbis'district shall also be the side yard requirement; for accessory buildings.
                 The building or use shall also be at least three (3) feet from the rear lot line
                 and no closer than fifty (50) feet from the front lot line,

               -Architectural Features. Section 17.44.025.

               -Resource Extraction ind Grading. Section 17,44,023.

               -Corner Lots. ection 17.44.026/

               -Storage of Vehicles and Other Materials. Section 17.44.028.

               -Location and Improvement of Parking Spaces, Sections 17.44.029 and 17.44.030.

                 [Lot/Yard Regulations]

                      Lot
                          Minimum average lot width      fifty (50) feet
                          Minimum average lot depth    -'ninety (90) feet
                          Minimum*lot area.- 6000 square feet-and 3000      square feet per dwelling unit
                      Minimum Front Yard     fifteen  (15) feet.
                      Minimum Side Yard     seven (7)  feet measured from the drip line to the property

                      line.:
                      In determini.ng setback  requirements within the "R-1" District, all measurements
                      shall utilize as their beginning point the structUre"ts drip line closer. to
                      thelot line whlch the    s*etbaLk is being determined.

                 [Height/Density Reguld.-tiolis]

                      Maximum Building Height -    Thirty-five (35) feet and three C3) stories.
                      Maximum Density - One (1) dwelling unit-for every 4500 square feet within a
                      260 x 260 feet block or one (1) efficiency dwelling unit for every 1200 square
                      feet within a 260 by 260 feet block.

                     Other buildings shall meet lot setbacks unless requirements are increased
                     by Planning Commission with City Council during conditional review period.
                     [Sign Limitations]
                     Permitted Signs include:
                         1.  Unlighted or indirectly lighted residential nameplate not exceeding
                             two (2) square feet in area.
                         2.  On-site identifying sign and/or bulletin board for church, school,
                             or other public or siemi-public institution or service, either illum-
                             inated or indirectly lighted, not exceeding thirty-two (32) square
                             feet in area, and without any sign portion closer than ten (10) feet
                             to any property line.
                         3. One (1) or two (2) on-site unilluminated signs which:
                                 a)  advertise(s) a subdivision with a total sign area less than thirty-
                                     two (32) square feet and with no sign portion closer than ten
                                      (10) feet to any property line; or
                                 b)  announce(s) the sale or lease of residential property and
                                     which do (does) not exceed a total area of six (6) feet.

                     [Required Parking]

                     Building, structures, or uses established, enlarged or intensified
                     in this zone after the effective date of this ordinance shall provide
                     off-street parking space.as follows:
                         1. Detached-" single-family dwellings - two (2) parking spaces per unit.
                         2.  Multiple-family dwe  11ing structures - one and one-half (1.5) parking
                             spaces per unit.
                         3.  Efficiency structure  s to be continually occupied by those over 61
                             years of age - one (1) space per two (2) units.
                         4.  Churches, community centers, and'places of public assembly - one (1)
                             space for every six (6)   seats in the main auditorium.
                         5.  Hospitals, sanitariums and nursing homes - one (1) space for every
                             three (3) beds plus one.(l) space for every three (3) employees.
                [District]
                R-4 or Moderate Density Residential
                [Purpose] To allow space for housing types and appropriate services     which supply
                the more economical housing opportunities to area residents without      interfering

                with other residential or service areas.

                [Permitted Uses]
                     l.' Multiple-family dwelling structures not to exceed thirty (30) units per
                         260 by 260 feet block.
                [Conditional Uses]
                     1. Single-family dwelling    structures..

                                                      -12-

                     2.  Multiple-family dwelling structures exceeding thirty (30) units per
                         260 by 260 feet block.
                     3.  Public, private, or parochial institutions of elementary and secondary
                         educationt churches, community centers, and country clubs.
                     4.  Parks, playgrounds, or golf courses.
                     5.  Utility substations, fire stations, and hospitals provided:
                         a) such uses are located on a collector or arterial street.
                         b)  structures do not exceed a height of fifty (50) feet.
                         c)  the front, side, and rear yard setbacks shall be one (1) foot for each
                             foot of building height.
                         d)  substations are enclosed by a solid'six (6) foot Iiigh fence with a
                             five (5) foot wide landscaped area in front of this fence subject to
                             special provisions for corner lots noted in Section i7.44.026.2.
                     6.  Home occupations subject to provisions-in Section 17.44.022.
                     7.  Boarding houses, rest homes, and residential rehabilitation centers.

                     8.  Child care centers.

                     9.  Personal and professional services.
                     10. Clinics and pharm acy incidental to a clinic, and hospitals.
                     11. Mobile home parks.
                All conditional uses approved on condition that they conform to the goals, objec-
                tives, and policies of the Elma Comprehensive Plan.

                [Special Conditions]

                Accessory buildings   To maintain the open space characteristics in a
                low density district, accessory buildings and uses shall not exceed
                sixteen (16) feet in height and shall be located in the rear area of the lot not
                closer than ten (10) feet to any dwelling nor closer than fifteen (15) feet to any
                side property line adjacent a street. The sideyard requirements for lots in this
                district shall also be the side yard requirements for accessory  buildings. The
                building or use shall also be at least three (3) feet from the rear line and no
                closer than fifty (50) feet from tbe-front lot line.

               -Architectural Features. Section 17.44.025

               -Resource Extraction and Grading. Section 17.44.023.

               -Corner Logs. Section 17,44.026.

               -Storage of Vehicles and Other Materials. Section 17.44.028.

                Location and Improvement of Parking Spaced. Sections 17.44.029 and 17.44.030.

               [Lot/Yard Regulations]

                       Lot
                           Minimum average lot width - fifth (50) feet
                           Minimum average lot depth - One hundred (100) feet

                           Minimum lot area -

                              Single-family units    5000 square feet
                              Multi-family units    6000 square feet and 1500 square feet per unit

                       Yard

                       Front yard depth
                           On blocks where frontage of other buildings varies by less than six (6)
                           feet - the average front yards on that block:
                              Minimum - ten (10) feet
                              Maximum - twenty (20) feet
                       Minimum Rear Yard - twenty-five (25) feet
                       Minimum Side Yard - seven (7) feet measured from the drip line to the property

                           line.

                [Height/Density Regulations]
                       Maximum Building Height
                           Permitted uses - forty-five (45) feet and three (3) stories
                           Conditional uses - as designated by the Planning Commission
                           No building within an R-4 zone shall exceed a height of forty-five (45) feet.

                       Maximum Development Density:
                           Residential developments - thirty (30) dwelling units per acre or one (1)
                           unit per 1500 square feet, or thirty-five (35) efficiency dwelling units

                           per acre.
                       Other buildings shall meet required lot setbacks unless requirements   are in@
                       creased by Planning Commission with the City Council duri.ng the conditional
                       review period.

                 [Sign Limitationsl@
                       Permitted Signs Include:
                       1.  Unlighted or indirectly lighted residential nameplate not exceeding two (2)
                           square feet in area.
                       2.  On-site identifying sign and/or bulletin board for a church, school, or
                           other public or semi-public institution or service, either illuminated
                           or indirectly lighted, not exceeding thirty-two (32) square feet in area,
                           and without any sign portion closer than ten (10) feet to any property line.

                                                       -14-

                    3. One  (1) or two (2) on-site unilluminated signs which:
                         a) advertise (s) a subdivision with a total -sign area less tban thirty-two
                            (32) square feet and With no sign portion closer than ten (10) feet
                            to any property line; or
                         b) announce(s) the sale or lease of residential property and which do
                            (does) not exceed a total area of six (6) square feet.
                    4. Appurtenant Signs with:.
                         a) maximum area facing an abutting street - 200 square feet plus 1/2
                            square foot for each foot the lot width exceeds fifty (50) feet or
                            for each foot the lot length exceeds fifty (50) feet, whichever is
                            lesser. No sign shall exceed 300 square-feet.
                         -b) maximum height - twenty (20) feet.
                    5. Signs projected over public rights-of-way, shall:
                         - not exceed 100 square feet in area;

                         -be non-rotating;
                         -be no closer than fourteen   C14) feet to the ground unless attached to
                          the underside of a projecting canopy in which case the sign     shall not
                          .exceed six (6) square feet in area nor be closer than nine (91 feet to
                          the ground;
                         - not extend more than ten (10) feet over the public way nor come close"r
                          than two (2) feet to the edge of the motor-travelled way-
                    6.   Plans for extending signs over public rigbts@of7-way shall be examined by
                         a registered engineer.
                    7.   Appurte@ant signs shall be illuminated only by a lighting unit separate
                         from the sign structure, directed away from any street or nearby residence
                         with an intensity no greater than 1,25 times the intensity of other light-
                         ing units within the same advertising area, On-and-off lighting units
                         shall be on at least one (1) second and off one (1) second. One (1) and
                         two (2) point flashes are not permitted,

             [Required   Parking]
             'Buildings, structures, or uses established, enlarged, or intensified in
             this zone after the effective date of this ordinance shall provide off-street
             parking as follows:

                    1.   Detached single-family dwellings - two (2) parking spaces per unit.
                    2.   Multiple-family dwelling structures - one and one-half (1.51 parking

                         spaces per unit..
                    3.   Efficiency structures to be continually occupied by those over 61-years
                         of age - one (1) space per two (2) units,

                                                     -15-

                      4. Churches, community centers, and places of public assembly - one (1)
                          space for every six (6) seats in the main auditorium.
                      5. Clinics and pharmacies incidental to clinic - one (1) space per patient

                          bed or room.

                 [District]
                C-1 or Land Intensive Commercial
               [Purpose] To'preserve adequate areas for commercial activities serving primarily
                local residents and requiring relatively small amounts of land.
                [Permitted Uses]
                      1.  Personal or professional services.

                      2.  Indoor banks.

                      3. 'Retail sales in a building.

                      4.  Financial services.

                      5.  Sit-down restaurants.

                      6.  Small appliance sale and repair in a building.

                      7.  Indoor amusements and entertainment.

                      8.  Libraries, police, and fire station.
                      9.  Professional laundry services.
                      10. Parking areas for permitted uses.
                [Conditional Uses]

                      1.  Drive-in services.
                      2.  Hospitals, convalescent centers,*and clinics.
                      3.  Transmission lines,.utility substations.
                      4.  Printer or data processing.

                      5.  Service stations and car washes.

                      6.  Retail sales outside a building.
                      7.  Club, fraternal organizations, and churches.
                      8,  Taverns, cocktail lounges and drive-in or take-out restaurants.

                      9.  Boarding houses.
                 All conditional uses shall be approved on condition that they conform to the goals,
                 objectives, and policies of the Elma Comprehensive Plan.

                 [Special Conditions]
                 Loading space.    For commercial or public uses with more than 5000 square
                 feet of gross floor area, there shall be provided @i)ace either inside

                 or outside a building reserved for the loading and unloading of goods. Such space
                 shall not be less than ten (10) feet wide, twenty-five (25) feet long, nor less than
                 fifteen (15) feet in height if covered and shall have direct access to an alley or

                 street.

                                                        _16-

              -Temporary Amusements and Public Assembly. Section 17.44.021.

              -Resource Extraction and Grading. Section 17.44.023.

              -Architectural Features. Section 17.44.025.

              -Storage of Vehicles and Other Materials. Section 17.44.028.

              -Location and Improvement of Off-Street Parking. Section 17.44.029 and 17.44.030.

              [Lot/Yard Regulations]

                     Lot
                         Minimum lot width - twenty-five (25) feet.
                         Minimum lot length - one hundred (100) feet.
                         Minimum lot area - 2500 square feet.

                     Yard

                         Minimum land requirements when adjacent other commercial uses
                          As required within Uniform Building Code for such uses.
                         Minimum yard requirements when adjacent residential -
                          Side Yard adjacent residential use - ten (10) feet.
                          Rear Yard adjacent residential use - twenty-five (25) feet.
              [Height/Density Regulations]
                     Maximum Building Height
                         Permitted Uses - forty-five  45) feet and three (3) stories.
                         Conditional Uses - as designated by the Planning Commission.
               No building within the C-1 zone shall exceed a height of forty-five (45) feet.

               [Sign Limitations]
               Sign limitations for residential purposes are as indicated in the District
               where such residential use is permitted.

               Other permitted signs include:
                     1.  Unilluminated signs not exceeding a  total area of thirty-two-(32) square
                         feet, and not more than two (2) in number, pertaining to the sale or
                         lease of commercially-zoned land.
                     2.  Public service signs subject to obtaining a conditional use permit.
                         (Such-signs will not be subtracted from the property's allowable ad-
                         vertising area.)
                     3.  Appurtenant signs with:
                         a) a maximum area of 200 square feet plus 1/2 square foot for each foot
                             the lot width or lot length (whichever is lesser) exceeds fifty (50)
                             feet, and

                          b) a maximum height of fifty (50) feet.
                      4.  Signs projecting over public rights-of-way provided they:
                          a)  not exceed 100 square feet in total area;
                          b)  are non-rotating;
                          c)  are no closer than fourteen (14) feet to the ground unless attached to
                              the underside of a projecting canopy, in which case the sign.-!sball
                              not exceed six (6) square feet nor be closer than nine (9) feet to
                              the ground.
                          d) not  extend more than ten (10) feet over,tbe public way nor come closer
                              than two (2) feet to the edge of the motor-travelled way.
                     5. Plans for any projecting signs or free standing signs higher than twenty
                          (20) feet shall be reviewed by a registered engineer.
                     6.   Appurtenantsigns shall be lighted only by a unit or group of units with
                          anintensity of not more than 1.25 times the intensity of other lighting
                          units within the same advertising area. On-and-off lighting units shall
                          be on at'least one (1) second and off one (1) second. One (1) and two (2)
                          point flashers are not permitted.

                [Required Parking]
                Buildings, structures, or uses established, enlarged, or intensified      *in this zone
                after the effective date of this ordinance shall provide off-street parking as

                follows:

                      1.   Retail, sales of small items (groceries, drugs, department stores, etc.) -
                           one (1) space for every150 square feet of floor area in a new building
                           and one (1) space for every 250 square feet floor area added to an existing
                           building with such uses.
                      2.   Personal, professional, business offices, financial services, public
                           buildings - one (1) space for every 350 square feet of floor area in a
                           new building and one (1) space for every 350 square feet of floor area
                           added to an existing building with such uses.
                      3.   Retail sales of bulky items (furniture, appliances, major tools, etc.) -
                           one (1) space per 750 square feet of gross floor area.
                      4.   Hospitals, clinics, and convalescent centers - one (1) space for every
                           three (3) patient beds and one (1) space for every three (3) employees.
                      5.   Sit-down restaurants, taverns, lounges, indoor amusements and entertain-
                           ment - one (1) space for every three (3) persons of legal occupancy or
                           practical occupancy (if legal occupancy does not exist) plus one (1)
                           space per employee.
                      6.   Churches, clubs, fraternities, places-of public assembly - one (1) space
                           for every six (6) seats fixed to the floor or one (1) seat for every

                                                        -18-

                            175 square feet in the main assembly areas without fixed seats.
                  All areas shall have a minimum of four (4) off-street parking spaces provided on-

                  site.

                  [District]

                  C-2 or Land Extensive Commercial

                [Purpose] To allow non-conflicting space for commercial activity serving regional
                  shoppers and travelers or for commercial services producing high noises or requir-
                  ing large amounts of land for buildings, parking, and/or storage area.
                  [Permitted Uses]
                       1.   Service stations and car washes;
                       2.   Warehousing and storage facilities;
                       3.   Hotels, motels, and boarding structures;
                       4.   Large-lot and outdoor sales, such as mobile home sales, car lot sales,
                            building suppliers, etc.;
                       5.   Automotive and heavy equipment rental, repair, and cleaners;
                       6.   Self-service laundries and professional cleaners;
                       7.   Cabinet-makers, and other craft shops, residential rehabilitation centers;
                       8.   Machine shops, and printing shops;
                       9.   Animal hospitals or kennels;
                      10.   Bottling and distribution shops;
                      11.   Police and fire stations;
                      12.   Hospitals, convalescent centers, and clinics;
                      13.   Public parking areas and garages;
                      14.   Utility transmission lines and substations;
                      15.   Data processing and print presses;
                      16.   Drive-in restaurants;

                      17.   Retail sales outlets.
                  [Conditional Usesl

                       1.   Truck and heavy equipment terminals;
                       2.   Fabrications;
                       3.   One-family dwelling for a caretaker incidental to a permitted use;
                       4.   Indoor amusements and entertainment;
                       5.   Restaurants, lounges, and cocktail lounges.
                  All conditional uses shall be approved on condition that they conform to the goals,
                  objectives, and policies of the Elma. Comprehensive Plan.
                  [Special Uses]
                      -Loading Space. For commercial or public uses with more than 5000 square feet
                       of gross floor area-, there shall be provided space either inside or outside
                       a building reserved for the loading and unloading of goods. Such space shall

                                                          _19-

              s

                    not be less than ten (10) feet wide, twenty-flve (25) feet long, nor less
                    than fifteen (15) feet in height if covered and shall have direct access to
                    an alley or street.
              -Temporary Amusements and Public Assembly. Section 17.44.021.

              -Resource Extraction and Grading*.* Section 17.44.023.

              -Architectural Features. Section 17.44.025.

              -Storage of Vehicles and Other Materials. Section 17.44.028.

              -Location and Improvement of Off-Street Parking. Sections 17.44.029 and 17.44.030.

              -[Lot/Yard Regulations]

                    Lot
                        Minimum lot width -'twenty-five (25) feet.
                        Minimum lot length - one hundred (100) feet.
                        Minimum lot area - 2500 square feet.

                    Yard

                        Minimum yard requirements when adjacent other commercial uses
                         As required within Uniform Building Code for such uses.
                        Minimum yard requirements when adjacent residential
                          Side yard adjacent residential use - ten (10) feet.
                         Rear yard.adjacent residential use - twenty-f;ve (25) feet.
              [Height/Density Regulations]
                    Maximum building height:
                        Permitted Uses - Sixty (60) feet.
                        Conditional Uses -.as designated by the Planning Commission.
                    No building within the C-2 zone shall exceed a height of sixty (60) feet.
              [Sign Limitations]
              Sign limiations for residential purposes are as indicated in the District
              where such residential use is permitted.

              other permitted signs include:
                    1.  Unilluminated signs not exceeding a total area of thirty-two (32) square
                        feet, and not more than two (2) in number, pertaining to the sale, or
                        lease of commercially-zoned land.
                    2. Public se-j@vice signs subject to obtaining a conditional use.
                    3. Appurtenant and non-appurtenant signs with:

                                                    -20-

                                Y
                        a) a maximum area of 200 square feet plus 1/2 square foot for each
                           foot the lot width or lot length (whichever is lesser) exceeds
                           fifty (50) feet, and
                        b) a maximum height of fifty (50) feet.
                   4.   Signs projecting over public rights-of-way provided they:
                        a) not exceed 100 square feet; in total area;
                        b) are non-rotating;
                        c) are no closer than fourteen (14) feet to the ground unless attached to
                           the underside of a projecting canopy in which case the sign shall not
                           exceed six (6) square feet nor be closer than nine (9) feet to the
                           ground;-
                        d) not extend more than ten (10) feet over the public way nor come
                           closer than two (2) feet to the edge of the motor travelled way.
                   5.   Plans for any projecting sign or free standing signs higher than twenty
                        (.20) feet shall be reviewed by a registered engineer,
                   6.   Appurtenant -signs sball be lighted -,only by a unit or. -group of units.witb an
                        intensity of not more than 1. 25 times the intensity of the other lighting
                        un its with'in the same'advertising area..
                        One-and-off lighting units shall be on at least one (1) second and off one
                        (1) second. One (1) and two (2) flashers are not permitted.

              [Required Parking]
              Buildings, structures, or uses established, enlarged, or intensified in this
              zone after the effective date of this ordinance shall provide off-street parking

              as follows:

                   1. Service stations, car washes, professional laundries, large-lot sales,
                        drive-in restaurants, warehousing and storage facilities,.craft shops,
                        machine sbops, bottling and distribution shops, printing shops and print
                        presses, animal hospitals or kennels, truck terminals - one (1) space
                        for every two (2) employees.
                   2.   Hospitals, convalescent centers, and clinics      one U) space.for every
                        three (3) patient beds and one-(11 space for every three (3) employees.
                   3.   Sit-down restaurants, taverns, lounges, indoor amusements and entertain-
                        ment - one (1) space-for every three (3) person's of-legal occupancy or
                        prac.tica.1 occupancy Cif legal occupancy does not exist) - plus one (1)
                        space per employee-.
                   4.   Retaii outle.ts -One (1) space per 250 square f eet of gross f loor area.
              All uses  shall have a minimum of four C4) off-street parking spaces     provided on-site.

              [District].
              Cv-3 or Light Commercial
              [Purpose] To designate areas and commercial activities which'do      not cofif lict with
              adjacent residential activity.

                  (Permitted Uses]
                       1. Professional offices which can accommodate necessary parking on the

                           property.
                  [Conditional Uses]
                       1. Single-family dwelling structures.
                       2. Other uses which are shown not to have''a negative impact upon adjacent
                           residential developments.
                  All conditional uses shall be approved on condition that they conform to the goals,
                  objectives, and policies of the Elma Comprehensive Plan,
                  Special Conditions, For special architectural regulations, see Section 17.44.025.
                  For location and improvement of off-street parking, see Sections 17.44,029 and

                  17.44.030.
                  [Lot/Yard. Requirements]

                       Lot

                           Minimum lot width - fifty (50) feet.
                           Minimum lot length @ one hundred (100) feet,
                           Minimum lot area - 5000 square feet.

                       Yard

                           Minimum yard requirements when adjacent other commercial uses       as re-
                             quired within Uniform Building Code for such uses
                           Minimum yard requirements when adjacent residential. uses
                             Side yard adjacent residential use      ten (10) feet.
                             Rear yard adjacent residential use      twenty-five C25). feet,
                  [He:rght/Density Regulations]
                       Maximum Building Height.
                           Permitted Uses - forty-five (45) feet and three (3) stories,
                           Conditional Uses - as designated by the Planning Commission.
                  No building within the C-3 zone shall exceed a height of forty-five C45) feet,
                  Sign Limitations. Sign limitations for residential purposes are as indicated in.
                  the District where such residential use is permitted. Other permitted signs in-

                  clude;
                       1.  Unilluminated signs not exceeding a total area of thirty-two (32) square
                           feet, and not more than two (2) in number, pertaining to the sale or lease
                           of commercially-zoned land.
                       2.  Public service signs subject to obtaining a conditional use permit. (Such
                           signs will not,be-subtracted from the propertyls allowable advertising area,J
                       3.  Appurtenant signs with:

                                                         -22-

                       a) a maximum area of 200 square feet plus 1/2 square foot for each
                           foot the lot width or lot length (whichever Is lesser) exceeds
                           fifty (50) feet, and
                       b)  a maximum height of fifty (50) feet.
                  4.   Signs projecting over public rights-of-way provided they:
                       a)  not exceed 100 square feet in total area;
                       b)  are non-rotating;
                       c)  are no closer than fourteen (14) feet to the ground unless attached to
                           the underside of a projecting canopy, in which case the sign shall
                           not exceed six (6) square feet nor be closer than nine (9) feet to
                           the ground.
                       d) not  extend more than ten (10) feet over-tbe public way nor come closer
                           than two (2) feet to the edge of the motor-travelled way.
                  5.   Plans for any projecting signs or free standing signs higher than twenty
                       (20) feet shall be reviewed 'by a registered engineer.
                  6.   Appurtenant signs shall be lighted only by a unit or group of units with
                       an intensity of not more-than 1.25 times the -intensity of.otber lighting
                       units within the same advertising area.-    On-andoff lighting units shall
                       be on at least one (1) second and off one (1) second. 0-he (1) and two (2)
                       flashers are not permitted.

             '[Required Parking]
             Buildings  structures, or uses established, enlarged, or intensified in this zone
             afterthe effective date,of this   ordinance shall provide off-street parking    space

             as f ollows:

                  1.   S ingl e- f am ily dwelling units two (2) spaces per dwelling unit.
                  2.   Professional and personal services   offices and other conditional uses
                       one (1) space for every 350 square   feet of office space.
             All uses  in a C-3 district shall provide.a minimum of two (2) off-street parking spaces
             [District]
             1-1 or Light Industrial
             [Purpose] -To allow development of wholesale, industrial, or manufacturing activities
             which are primarily rail dependent or which do not depend upon a level of road
             transportation affecting the general residential activities.
             [Permitted Uses]
                  1. Public food, clothing and furniture warehouses.
                  2. Personal property storage warehouses.
                  3. Laundry cleaning plants.
                  4. Utility transmission lines     and substations.
                  5. Print presses and printing     shops.

                                    1                 -23-

                      6. Cabinet makers and other craft shops.
                      7. Machine shops.

                      8. Second hand sales.

                      9. Residential rehabilitation centers.

                 [Conditional Uses]
                      1.  Any commercial or industrial use shown to have only marginal depen-
                          dence upon vehicular traffic, or shown to be rail dependent.
                      2.  Multiple-family dwelling structures complementing the adjacent environ-

                          ment.

                      3.  Mortuaries or funeral homes.

                      4.  Parks, playgrounds, or golf courses.
                      5.  Animal hospitals or kennels.
                 All conditional uses shall be approved on condition that they conform to the goals,
                 objectives and policies of the Elma Comprehensive Plan.
                 [Special Conditions]
                 -Loading Space. - For-'-industrial, commercial or public uses with more than 5000 square
                 feet of gross floor area, there shall be provided space either inside or outside
                 a building reserved for the loading and unloading of goods. Such space shall not
                 be less than ten (10) feet wide, twenty-five (25) feet long, nor less than fifteen
                 (15) feet in height if covered and shall have direct access to an alley or street.
               ,-Temporary Amusements and Public Assembly. Section 17.44.021.

                 -Resource Extraction and Grading. Section 17.44.023.

                 -Architectural Features. Section 17.44.025.

                 -Storage of Vehicles and Other Materials. Section 17.44.028,

                 7Location and Improvement of Off-Street Parking. Sections 17.44.029 and 17.44.030.

                 [Lot/Yard Regulations]-

                      Lot

                          Minimum lot width - fifth (50) feet.
                          Minimum lot length - one hundred (100) feet.
                          Minimum lot area - 5000 square feet.

                      Yard

                          Minimum yard requirements when adjacent other commercial or industrial
                            uses - as required within Uniform Building Code for such uses.

                                                      -24-

                           Minimum yard requirements when adjacent residential uses:
                               Side Yard adjacent residential use - ten (10) feet.
                               Rear Yard adjacent residential use - twenty-five (25) feet.
                 [Height/Density Regulations]
                      Maximum Building Height
                           Permitted Uses - sixty (60) feet and three (3) stories.
                         .Conditional Uses - as designated by the Planning Commission.
                 No building within the C-1 zone shall exceed a height of sixty (60) feet.

                 [Sign Limitations)
                 Sign limitations for residential purposes are as indicated in the District where
                 such residential use is permitted.
                 Other permitted signs include:
                       1.  Unilluminated signs not exceeding a total area of thirty-two (32) square
                           feet and not more than two (2) in number, pertaining to the sale, or lease
                           of commercially-zoned land.
                       2.  Public service signs subject to obtaining a conditional use permit. (Such
                           signs will not be subtracted from the property's allowable advertising
                           area.)
                       3.  Appurtenant and Non-appurtenant signs with:
                           a) a maximum area of 200 square feet plus 1/2 square    foot for each foot
                               the lot width or lot length (whichever is lesser)   exceeds fifty (50)

                               feet and
                           b) a maximum height of fifty (50) feet,
                       4.  Signs projecting over public rights.-of@way provided they-
                           a)  not exceed 100 square feet, in total area;
                           b)  are non-rotating;
                           c)  are no closer than fourteen (14) feet to the ground unless attached
                               to the underside of a projecting canopy in which case the sign shall
                                                                                              C.
                               not exceed six (6) square feet nor be closer than nine C9) feet to
                               the ground;
                           d)  do not extend more than ten (10) feet over the public way nor come
                               closer than two (2) feet to the edge of the motor-travelled way.
                       5. Plans for any projecting sign or free standing sign higher than twenty
                           (20) feet shall be reviewed by a registered engineer.
                       .6, Appurtenant signs shall be lighted only by a unit-orgroup of.units with
                           an intensity of not more than 1.25 times   the intensity,O'f-other lighting
                           -units within-tthe same advertising area.  On-and-off lighting units shall
                           be on at least'one (1) second -and off -one (1) @second. one (1) and two (2)
                           f lashers are nof' permitted.

                 [Required Parking]
                 Buildings, structures, or uses established, enlarged, or intensified in this zone
                 after the effective date of this ordinance shall provide off-street parking space

                 as follows: -

                     1. Warehouses, laundry cleaning plants, presses and print shops, craft shops,
                         machine shops, other industrial uses    one (1) space for every two (2)
                         employees.
                     2.  Multiple-family dwelling structures    one (1) space for each dwelling

                         unit.

                     3.  Mortuaries or funeral homes - one space for each 250 square feet in the
                         main assembly room.
                 All uses shall have a minimum of four (4) off-street parking spaces provided on-site.
                 [District]
                 1-2 or Heavy Industrial.
                 [Purpose] To reserve adequate space for manufacturing activities in areas which do
                 not conflict with commercial and residential activities or city amenities.
                 [Permitted Uses]-
                     1.  Laundry cleaning plants;
                     2.  Heavy equipment repair and sale;
                     3.  Warehousing and food or property storage facilities;
                     4.  Manufacturing, fabricating and processing, providing such uses comply
                         with regulations of the Olympic Air Pollution Control Authority;
                     5.  Retail and wholesale outlets appurtenant and incidental to a permitted use;
                     6.  Utility transmission lines and substations;
                     7.  Sewage or Water Treatment plants;
                     8.  Caretakers dwelling incidental to a permitted use;
                     9.  Truck and heavy eqiupment terminals,
                 [Conditional Uses]
                     1.  Outdoor storage of supplies and heavy equipment not in frequent use.
                     2.  Wrecking yards provided they comply with policies of the Comprehensive Plan.
                     3.  Restaurants, lunch rooms, and cafeterias.
                     4.  Wholesale storage or processing or flamable or explosive materials.
                     5.  Excavation and mining,
                 All conditional use shall be approved on condition that they conform to the goals,
                 objectives, and poticies-of'the Elma Comprehensive Plan..

                                                     -26-

                 [Special Conditions]
                    -Loading Space. For commercial, industrial, or public uses with more than
                     5000 square feet of gross floor area, there shall be provided space either
                     inside or outside a building reserved for the loading and unloading of goods.
                     Such space shall not be less than ten (10) feet wide, twenty-five (25) feet
                     long, nor less than fifteen (15) feet in height if covered and shall have
                     direct access to an alley or street,

               -Temporary Amusements and Public Assembly. Section 17.44.021,

               -Resource Extraction and Grading. Section 17,44,023,

               -Architectural Features. Section 17,44,025,

               -Storage of Vehicles and Other Materials. Section 17,44,028.

               -Location and Improvement of Off-Street Parking, Sections 17.44,029 and 17,44,030.

                 [Lot/Yard Regulations]

                     Lot

                         Minimum lot width @ fifty (50) feet,
                         Minimum lot length - one hundred (100) feet.
                         Minimum lot area @ 5000 square feet,

                     Yard

                         Minimum yard requirements when adjacent other commercial uses     as re-
                         quired within Uniform Building Code for such uses.
                         Minimum yard requirements when adjacent residential:
                             Side Yard adjacent residential use     ten (10) feet,
                             Rear Yard adjacent residential use     twenty@five (25) feet,
                 [Height/Density Regulations]
                     Maximum Building Height
                         Permitted Uses - sixty (60) feet and three C3) stories,
                         Conditional Uses @ as designated by the Planning Commission,
                 No building within the C@l zone shall exceed a height of sixty (60) feet,
                 [Sign Limitations]
                 Sign limitations for residential purposes are as indicated in the District where
                 such residential use is permitted.

                                                     -27-

              Other permitted signs Include:
                    1.  UnIlluminated signs not exceeding a total area of thirty-two (32) square
                        feet and not more than two (2) in number, pertaining to the sale, or
                        lease of commercially-zoned land.
                    2.  Public service signs subject to obtaining a conditional use permit.
                        (Such signs will not be subtracted from the property's allowable adver-
                        tising area.)
                    3.  Appurtenant and Non-appurtenant signs with:
                        a) a maximum area of-200 square feet plus 1/2 square foot for each foot
                           the lot width or lot length (whichever is lesser) exceeds fifty (50)
                           feet.and
                        b) a maximum height of fifty (50) feet.
                    4.  Signs projecting over public rights-of-way provided they:
                        a) not exceed 100 square feet, in total area;
                        b) are non-rotating;
                        c) are no closer than fourteen (14) feet to the ground unless attached
                           to the underside of a projecting canopy in which case-tbe sign shall
                           not exceed six (6) square feet nor be closer than nine (9) feet to
                           the ground;
                        d). do not extend more than ten (10) feet  over the public way nor come
                           closer than two (2) feet to tbe-edge of the motor-travelled way.
                    5. Plans for any projecting sign or free standing sign 'higher than twenty
                        (20) feet shall be reviewed by a registered engineer.
                    6.  Appurtenant signs shall be lighted only byra. unit or group of units with
                        an intensity of not more than-1.25 times the intensity of other lighting
                        units within the same advertising area.
                        on-and@off- lighting units shall be on at least one (1) second and off
                        one (1) second.- One (1) and--two (2) point flashers are not permit-ted.
              [Required Parking]
              Buildings, structures, or uses established, enlarged, or intensified in   this
              zone after the effective date of this ordinance shall provide off-street   parking
              space as follows:

                    1.  Warehouses, cleaning plants, permitted manufacturing, fabricating or
                        processing plants, truck terminals, wholesale storage areas - one
                        space for every two (2) employees.
                    2.  Retail or wholesale outlets incidental to a permitted use - one (1) space
                        for every 750 square*feet of gross floor area.
                    3.  Restaurants, lunchroomsp cafeterias - one (1) space for every three (3)
                        persons of legal occupancy@or practical occupancy (If legal occupancy
                        does not exist plus one (1) space for every employee.
              All uses  shall have a minimum of four (4) off-street parking spaces provided on-site.

                ARTICLE 5. COMBINING DISTRICTS
                Section 17-40.010. Definition. Whenever any of the following combining districts
                     are combined with any of the previously described primary districts, the
                     requirements of the resultant combining district shall be in addition to those
                     specified for the primary district and, in the case of conflict, the combining
                     district provisions shall apply.
                Section 17.40.020. Flood Hazard of "FH" Combining District. The purpose of this
                     district is to regulate land uses, located within areas where during periods
                     of high water there is potential for causing damage to other property. It is
                     intended that this district be applied to those areas where evidence indicates
                     that the land has at least one (1) percent chance of being inundated in any

                     year.
                Section 17.40.021. Permitted Uses. Any use permitted within the primary district
                     may be permitted subject to first obtaining a conditional use permit.
                Section 17.40.022. Special Regulations. No structure, use, or storage shall be
                     permitted within the "flood hazard district" which because of its bulkiness,
                     flimsiness, light weight, floating or hazardous characteristics could be dam-
                     aged and/or dislodged and carried onto other property, or obstruct the flow of
                     water, or reduce the capacity of water storage areas, during high water.
                     Such conditions may be imposed as reasonably will eliminate the potential

                     hazard.

                     Where structures are permitted, special construction methods may be required
                     to protect any sewer, water, electrical, gas, or other utility service to

                     anchor the structure.

                                                    -29-

               Y

               ARTICLE 6. SPECIAL CONDITIONS

               Section 17.44.010. Purpose. The following specific regulations are intended to
                     provide for the location and control of certain special conditions which may
                     arise in order to insure the greatest conformance to the Elma Comprehensive Plan.
               Section 17.44.020. Special Use Regulations. The following regulations shall apply
                     in all districts. Where the provisions of this Section conflict with the pro-
                     visions of any district the provisions of this Section shall apply.
               Section 17.44.021. Temporary Amusements and Public Assembly. Amusements, enter-
                     tainment, and similar temporary activities may occur on commercially or
                     industrially zoned property upon obtaining 4 permit from.the City Council
                     provided the amusement, entertainment, public assembly, or activity does not
                     involve attendance for more than sixteen (16) hours,in any twenty-four (24)
                     hour period. Such permit shall be for a maximum period of 30-days and shall
                     be issued.-only if'evidence indicates that:
                     1.  There will be no serious interference with the activities of nearby
                         residents, if any.
                     2.  Traffic circulation will not unnecessarily impeded and that there will be
                         provisions for adequate on-site parking and a reasonable means of ingress
                         and egress.
                     3.  Sound or lighting will not be a nuisance to neigbboring residents.
                     4.  There will be adequate provisions for water supply and sanitary facilities.
                         Outdoor public assemblies, music festivals, and similar uses which involve
                         occupancy of a privately owned outdoor area for more than sixteen (16)
                         hours in any twenty-four (24) hour period shall not be permitted.
               Section 17.44.022. Home Occupations. Home occupations, including but not limited
                     to sewing, room rental, music studio, art studio, home and health care Droduct
                     distributor, bookkeeping, etc. , may be permitted by a- conditional use Lpermit
                     subject to.the following conditions:
                     1.  That the operation shall be within the confines of the residence of the
                         operator, and provided there shall be no more than 100 cubic feet of.
                         storage within the residence not visible from the street and not more than
                         500 cubic feet of storage shall be permitted within an accessory building
                         or attached garage.
                     2. That not more than one (1) unlighted sign, that sign not exceeding six (6)
                         square feet in area and attached to the main building, shall be permitted.
                     3. That no display of products, or sales, on the premises shall be permitted.

                                                      _30-

                       4. That no one other than members of the resident family shall be employed
                           in said home occupation.
                       5. That rooming and boarding of not more than two (2) persons exclusive
                           of the resident family shall be involved.
                 Section 17.44.023. Resource Extraction and Grading. Removal and grading of less
                       than seventy-five (75) yards of earth or topsoil is permitted on any construc-
                       tion on development site. Where more than seventy-five (75) cubic yards of
                       earth material will be removed or graded, a conditional use permit shallbe required
                       Such a permit shall include a map at a scale of 1" = 400' showing major city
                       transportation lines, existing topography, access roads and property lines.
                       Another map shall be submitted showing the extent of the proposed excavation

                       and final grading.
                 Section 17.44.024. Animals. The number and kind of animals kept per dwelling unit
                       in any residential district shall be limited to three (3) cats or three (3)
                       dogs. Gnawing animals, reptiles, or fowl shall be permitted provided they are
                       caged and kept within the dwelling. Only animals over six (6) months old shall
                       be considered when determining the number of animals permitted.

                 Section 17.44.025. Architectural Features.

                       1.  Chimneys, cornices, canopies, eaves, or similar architectural features
                           may project into any required yard only to the extent permitted by the
                           Building Code.
                       2.  Fire escapes and outside stairways which are unroofed and unenclosed
                           above the steps thereof may project not more than six (.6) feet into any
                           required front yard, not more than three (3) feet into any required side
                           yard, and not more than ten (10) feet into any required rear yard. A
                           guard rail no higher than three (3) feet shall be provided at or around
                           such stairs and landing places.
                       3.  Sight obscuring fences, walls or hedges within a required front yard,
                           adjacent to a street, shall not exceed three (3) feet in height. Open
                           rail fences and non-sight obscuring fences, where solid members do
                           not constitute more than one-third (1/3) of the total surface area of

                           such fence, located within a required front yard, or side yard adjacent
                           to a street shall not exceed four (4) feet in height.
                       4.  Fences, walls, and hedges located within a required interior sidle yard or
                           required rear yard shall not exceed six C6) feet in height, When such
                           fence, wall or hedge is closer than five (5) feet to any off-premises
                           dwelling, a conditional use permit shall be required to determine the
                           effect upon that dwelling. Fences, walls, and hedges located within
                           the buildable portion of a lot shall not exceed six (6) feet in height

                                                      -31-

                       In residential districts. In commercial and industrial districts fences
                       and walls shall not exceed eight (8) feet and shall not obstruct vJs1b1l1ty
                       at points of ingress and egress.-
                   5.  In-any residential district the Building Inspector may approve fences,
                       walls and hedges higher than six (6) feet within a required interior
                       side yard, required re6r yard, or within the buildable portion of a lot
                       where the adjacent property is at a higher elevation and such extra height
                       is necessary to obtain            Such extra height shall be approved only
                       if adequate emergency access is provided to the perimeter of the building.
                   6.  Limitations on height shall not be deemed to prohibit safety or security
                       fences of any height necessary for public playgrounds, public utilities,
                       and other public installations.
              Section 17.44.026. Special Requirements   for Corner Lots.
                   1.  Where a side lot line is also a  street right-of-way line the side yard
                       setback in any residential district shall be fifteen (15) feet;
                       Subject to the approval of-the Planning Commission consulting with
                       the Building Inspector, on corner lots in any residential districts,
                       the side lot line adjacent to the street may be considered
                       the front lot line and the front, side, and rear yards adjusted according-
                       ly. Approval shall be granted when the shifting of yards will result in
                       better siting of the dwelling without adversely aff  ecting adjacent proper-
                       ties as determined by the City Planning Commission.
                   2.  Within the area lying between the intersection of the front lot line and
                       streets side lot lines and a line connecting points of these lot lines
                       thirty (30) feet from their intersection (as shown in Figure 1), sight
                       obscuring fences, walls, and vegetation shall not exceed three (3) feet
                       in height above the established grade of either street. Tree trunks,
                       posts or columns not exceeding eighteen (18) inches in cross-sectional
                       widtb,-measured at three (3),feet above.tbe established grade of either
                       street, shall be permitted provided tree branches are removed   up to
                       eight (8) feet above tbe.establisbed grade of either street.
              Section 17.44.027. Exception  s to Height Restrictions. Towers, gables, scenery
                   lof ts, cupolas, water tanks, and simi lar structures and mechanical appurten-
                   ances may be erected on a building to a height greater than the limit es-
                   tablis'hed in any district provided that no such exception shall cover more
                   than 15 percent of the area of the building.
                   Chimneys, water tanks, civi-1 defense siren, flag pole, monument, radio or
                   T.V. antenna, government or public utility structure, and similar free-
                   standing structures may be erected to a height greater than the limit estab-
                   lished for any district provided such exception shall not-r-ove'r more than 15
                                                    -32-

                     LNE      vo
                      W /E@

                             -33-

                      percent of the site.
                      Such exceptions shall be approved by the City Planning Commission.
                Section 17.44.028.  Storage of Vehicles and Other Materials. Unless parked
                      within the confines of a legal wrecking yard or on the premises of a legally
                      established vehicle repair busines, abandoned, inoperable, or partially dis-
                      mantled vehicles shall not be parked outdoors. Not more than two (2) vehicles
                      intended to be repaired or restored may be parked outdoors if they are located
                      in the rear yard and are screened by a sight obscuring fence, wall, or hedge,
                      or covered by a tarpaulin.
                      Used building materials, equipment and appliances, recreational vehicles,
                      campers, boats, and similar items shall not be stored within the required
                      front or street side yard for more than thirty (30) days in any year unless
                      located within a district which specifically permits outdoor sales or storage,
                      or unless access to a rear yard is precluded by location, topography, or
                      absence of a rear alley.
                 Section 17.44.029. Location of Off-Street Parking.
                      1.  In commercial or industrial districts off-street parking shall be located

                          on the same lot with the use or within 200 feet thereof.

                      2.  Parking for any non-residential use shall not be located closer than five
                          (5) feet from any front or side property line. This provision shall not
                          apply to any property or use which lawfully existed on-the effective date
                          of this ordinance and which does not conform to the requirements within

                          this ordinance until such times as such use is discontinued or abandoned.

                      3.  outdoor parking spaces or driveways serving an outdoor parking facility
                          which are adjacent property in a residential zone shall have a sight
                          obscuring fence four (4) feet in height on the property line abutting
                          said residential zone. This provision shall not apply to any outdoor
                          parking facility which on the effective date of this ordinance existed
                          in conformance with prior city ordinances until such time as such use is

                          discontinued or abandoned.

                      4.  Parking for residential uses shall not be located in a required front yard
                          no-r within fifteen (15) feet of the street side property line on a corner
                          lot. Where four (4) or more residential units are located on the same
                          lot, outdoor parking shall not be closer than five (5) feet to any on-
                          site building and not closer than three (3) feet to any side or rear lot

                          line.

                                                     -34-

                 Section 17.44'.030.  Improvement of Parking Space and Access. Any parking facility
                      for four (4) or more vehicles, including access driveways and aisles, shall
                      be graded and drained so as to dispose adequately of surface water, to the
                      satisfaction of the City Engineer, and shall be surfaced with concrete, as-
                      phaltic concrete, bituminous surface treatment or an equivalent satisfactory
                      to the City Engineer and shall be maintained in good condition free of weeds,
                      dust, trash, and debris.
                      Required individual parking spaces shall be designated by contrasting paint
                      or markers and shall be a minimum of nine (9) feet wide and twenty (20) feet
                      long. Driveways providing access to a parking facility shall be at least
                      twelve (12) feet wide for each lane of travel and aisles providing access to
                      parking spaces shall be as follows:
                           One-way aisle serving angle parking 50   0  to 750 or less - 12 feet wide.
                            One-way aisle serving angle parking 50  0  to 75 0 or two-way aisle serving
                              angle parking 500 or less - 18 feet wide.
                            Two-way aisle serving angle parking 50  0  or more or aisle serving 75  0   to
                             90 0 -25 feet wide.

                      Parking facilities for non-residential uses which will be used after dark
                      shall be lighted provided that the light source shall be directed away from
                      nearby residential premises.

                                                        -35-

              ARTICLE 10. BOARD OF ADJUSTMENT
              Section 17.48-010. Establishment. The word "Board" when used berin shall mean
                    the Board of Adjustment. The members of the Board of Adjustment at the
                    time this ordinance goes into effect shall automatically remain as members
                    of the Board herein established for the period of the remainder of their
                    present terms without the necessity of reappointment.
               Section 17.48.020. Membership. The Board shall consist of five members, all
                    of whom shall serve without compensation. The members shall be appointed
                    by the Mayor with the consent of the City Council and shall be citizens
                    resident of the City of Elma. (Their terms shall be for four (4) years,
                    and shall be for such terms as will result in*the expiration of the term
                    of one member at the end of each first, second, and third year, and of the
                    terms of two members at the end of each fourth year.) In the event of a
                    vacancy, the Mayor shall appoint, with the approval of the City Council, a
                    suitable person to serve for the remainder of the unexpired term. The mem-
                    bers of the Board may be removed by the Mayor subject to the approval of the
                    City Council, for such causes as may be deemed-sufficient and which causes

                    shall be set forth in a letter filed with the Council.

                    No member of the Board shall be a member of the Planning Commission or of

                    the City Council.

               Section 17.48-030. Officers. The Board shall select a Chairman and Vice-Chairman

                    from among its members. The City Clerk or other designated staff person shall
                    serve as Secretary as part of his or her staff duties.
                    The Secretary shall receive, prepare, keep, and transmit all correspondence,
                    applications, notices, and minutes as directed by the Board. The Building Inspector
                    shall assist.in reviewing and presenting applications and conducting hearings.
               Section 17.48.040. Meetings. Regular meetings of the Board shall be held at least
                    once each month at a fixed time, date, and place unless there is no business
                    to be considered in which case the meeting may be called off by the Chairman
                    and the members notified by the,Secretary. All regular meetings of the Board
                    shall be open to the public. Special meetings may be called by the Chairman
                    on not less than 3 days'prior notice to the members of the Board.
               Section 17.48.050. Procedure.. The Board shall adopt its own rules of procedure
                    and shall keep a record of its proceedings, findings, and decision in each
                    case, and a record of the vote of each member on each question decided by

                                                   -36-

                      the Board. The presence of three (3) members shall constitute a quorum, and
                      a majority vote of three members shall be necessary for any valid Board de-
                      cision or order. Any administrative decision shall become final unless an
                      appeal is filed with the Board within thirty (30) days of said decision.
                Section 17.48.060. Appeals from Administration Decisions. The Board of Adjust-
                      ment shall have the authority to hear and decide appeals to it from any
                      administrative decision or determination made by any officer of the City
                      in the administration or enforcement of this ordinance. Appeals from ad-
                      ministrative decisions may be filed by any aggrieved person?, or by any
                      officer, board or department of the City affected by the decision. Any
                      administrative decision shall become final unless an appeal is filed with
                      the Board within 30 days of said decision.
                 Section 17.48.070. Appeal Forms. The Board shall prescribe the form and infor-
                      mation required for applications for appeals from administrative decisions.
                      The Secretary shall accept no appeal unless it complies with such require-
                      ments and is signed under oath.
                      Four (4) copies of an appeal from an administrative decision must be filed
                      with the Se cretary of the Board and must be accompanied by the necessary
                      fee as in this ordinance provided and with a certified list of all parties
                      having a financial ownership interest in property within 300 feet from the
                      exterior boundaries of the subject,property.
                 Section 17.48.080. Public Notification and Procedure of Meetings, Upon receipt
                      of a notice of appeal, the Board Secretary shall:
                      1.  Transmit one copy thereof to the Building Inspector, one copy to the
                          Planning Commission, and one copy with the City Council, and file one
                          copy with the Board. The Building Inspector shall forthwith transmit
                          to the Board all papers constituting the record, findings, and decision
                          relating thereto.
                      2.  Schedule a hearing of the Board for the first regular meeting of the
                          Board which will allow time for the giving of the notices herein required,
                          and shall notify the Board members, the Chairman of the Planning Com-
                          mission, and the Building Inspector of the time and place of said hearing.

                      3.  Place in the mails a written notice addressed to all owners of-record

                          property within 300 feet from the exterior boundaries of the subject
                          property, said mailing to be not less than 15 days prior to the hearing,
                          and which notice shall contain the name of the applicant or appellant
                          a description of the property, the nature of the requested or proposed
                          use, and the time and place of said hearing.
                      4. File with the Board, at or prior to said hearing, an affidavit that the

                                                     -37-

                         mailing was made as herein provided.
                         The hearing shall be open to the public. All parties in interest may be
                         present in person and/or represented by counsel. All persons present
                         shall be entitled to be heard. If the hearinZ cannot be completed in one
                         session, the Board may continue the hearing for five (5) days and shall
                         announce publicly to those present at each session the time and place for
                         any subsequent session. No further notice shall be required.
                Section 17.48.090. Decision. The Board shall announce its decision within a
                      reasonable time but in all cases within 45 days after the conclusion of the
                      hearing. The decision of theBoard shall be in the form of a written order and
                      shall contain a recitation of the Board's findings in support thereof. Copies
                      shall be delivered to the applicant or appellant, to the Building Inspector,
                      and one copy shall be filed with the Board as a permanent record.

                      The decision of the Board shall be final and conclusive unless within 10

                      days from the date of said decision the original applicant (or appellant) or
                      an adverse party makes application to the Superior Court of Washington for
                      Grays Harbor County for a writ of certiorari, prohibition or mandamus.
                Section 17.48.100. Revocation. The Board of Adjustment shall have the authority
                      to revoke granted variances on any one or more of the following grounds:
                      1. That the variance was obtained by fraud,
                      2. That the variance  is being exercised contrary to its terms and conditions

                           or in violation  of law.

                      3. That the variance  is being exercised so as to be detrimental to public
                            health, safety, or welfare.
                      4. That the variance  is contrary to the provisions in the Comprehensive Plan.
                      The Board of Adjustment may initiate proceedings to revoke a variance. The
                      Building Inspector or any other city official charged with the enforcement of
                      this ordinance or any aggrieved person may petition the Board to conduct a
                      revocation hearing on the grounds previously listed. Notice requirements
                      and hearing procedures shall be the same as required for the initial consid-

                      eration thereof.

                 Section 17.48.110. Record. The Board shall prescribe record keeping procedures
                      which shall be sufficient in detail to provide a transcript adequate in the
                      event a writ or review is granted. No portion need be transcribed unless an
                      applicant for a writ of review is granted. A file shall be maintained for
                      each appeal and the application, exhibits, and correspondence shall become
                      a part of the file. Each file shall, after conclusive action, include a
                      brief record of the findings, action, and decision, and other information
                      deemed necessary to maintain an adequate permanent record.

                ARTICLE 11. CONDITIONAL USE PERMITS
                Section 17.52.010. Purpose. A conditional use permit shall be used to assure
                     perhaps by means of imposing special conditions or requirements that:
                     1. The compatibility of surrounding uses are maintained.
                     2. Nuisance or hazard to life or property will not develop from the estab-

                          lishment of the use.
                     3. The proposed use conforms to the Elma. Comprehensive Plan.
                     The conditional use permit shall not be used to reduce the zoning require-

                     ments of the zones in which the use is to be located.

                Section 17.52.020. Application. The applicant seeking a conditional use permit
                shall submit the proposal to the City Clerk at least twenty (20) days prior the
                planning commission meeting along with the fees required for conditional use
                permits noted within Article 16. Once a hearing time is established, proper noti-
                fication shall be given concerning time, place, and purpose of such a hearing and
                shall'be in conformance with provisions of Section 17.66.060.
                Section 17.52.030. Report of Findings. The planning commission shall verbally
                or textually report its findings and recommendations regarding the conditional
                use permit to the City Council within ninety (90) days following the hearing.
                Section 17.52.040. Final Authorization. A conditional use permit may be autbori-
                zed by the City Council when it receives the recommendations from the planning
                commission or ninety (90) days following the hearing described in Section 17.52.020.
                In authorizing a conditional use permit, the City Council may attached thereto such
                conditions regarding the location, character, and/or other features of the pro-
                posed use as the council deems necessary in the public interest, in the interest
                of furthering the purpose of this title, and for the purpose of fulfilling the

                Elma Comprehensive Plan.
                Section 17.52.050. Expiration. A conditional   permit shall become void if after
                the expiration of one (1) year, no substantial construction has taken place in
                accordance with the plans for which such conditional use permit was authorized.

                                                     -39-

                ARTICLE 12. VARIANCES

                Section 17.54.010. Purpose and Intent. A variance is granted to allow relief
                from total compliance with the zoning ordinance where such compliance would
                create an unnecessary hardship or deprive an owner of any-reasonable use of the

                property.
                Section 17.54.020. Authorization. The Board of Adjustment is empowered to hear
                and decide all applications for variances from the provisions of this ordinance.
                Section 17.54.030. Application. Written application for variance shall be filed
                with the city clerk accompanied by the fees for variance application noted in

                Article 16.

                Section 17.54.040. Notice of Hearing. Prior to the consideration at a public
                hearing of an application for a variance, proper public notification shall be
                given concerning the time, place, and purpose of such hearing. Such notification
                shall be made in accordance with the provisions of Chapter 17.66.060.
                Section 17.54.050. Criteria for Granting a Variance. The Board of Adjustment
                shall not grant a variance unless it finds:
                     1) That the applicant experiences unnecessary hardship and that this

                          hardship:z
                              a)  does not result from the applicant's own action;
                              b)  arises from unique physical circumstances relating to the size,
                                  shape, topography, locations, or surroundings of the subject
                                  property which deprives the owner of the use, rights and privi-
                                  leges permitted to owners of other properties in the zone clas-
                                  sification the subject property is located;
                              c)  results from strict application of the provisions of the zoning

                                  ordinance.

                       2) That the granting of such variance will not adversely affect adjacent

                          property;
                       3) That the variance does not constitute a "use" variance or a special
                          privilege to the applicant to use property for purposes other than
                          those allowed within the zone district the property is located;
                       4) That the granting of a variance on non-conforming properties will not
                          increase the degree of non-conformance;
                       5) That the variance will not conflict with the goals, objectives, or
                          policies of the Elma Comprehensive Plan;
                       6) That the variance will not result in the change of the boundaries of
                          a zoning district.
                                                      -40-

                 ARTICLE 13. NON-CONFORMING USES, LOTS, OR STRUCTURES

                 Section 17.58.010. Purpose. The following guidelines are provided to regulate
                 uses on structures which were lawfully established at the time this ordinace was
                 adopted but which do not conform to the requirements of this ordinance.
                 Section 17.58.020. Provisions for Non-Conforming Uses. Any non-conforming use
                 of land or building may be continued subject to the following provisions:
                      1.  The use or structure lawfully existed.at the time of passage of this

                          ordinance.

                      2.  The use or particular use of structure has not been discontinued for a
                          period of one (1) year or more.
                      3.  The use occupying a part of a lot or a building is not expanded or in-

                          tensified.

                      4.  The use or structure has not discontinued for greater than six (6)
                          months after seventy-five (75) or more of its value has been destroyed
                          by accidental fire or other act of God.
                 Section 17.58.030. Alteration of Non-Conforming Uses. Any building or structure
                 non-conforming as to use at the effective date of this ordinance may be altered
                 or repaired provided such alteration or repair shall not increase the existing
                 degree of non-conformity as determined by the City Council.
                 Section 17.58.040. Previously Granted Conditional Use Permits and Variances.
                 Any conditional use permit, or a variance granted under previous regulations,
                 are hereby declared to be continued subject to any conditions and/or time limits
                 specified in the original permit, provided that if the particular use is not
                 otherwise permitted by this ordinance in the zone in which it is located, such
                 established uses and improvements incident thereto shall be considered non-con-
                 forming, and shall be subject to the provisions of this Section and Article.
                 Section 17.58.050. Non-conforming Lots. A lot which existed prior to the effec-
                 tive date of this ordinance and which is non-conforming as to area, or dimension,
                 as required by the districts where the lot is located shall be considered a legal
                 building site provided:
                       1. Such lot has at least twenty (20) feet of frontage on a public street.
                       2. All other regulations for the district, and other rules and regulations
                          of the City shall be satisfied,

                                                      -41-

              ARTICLE 14. TERRITORIES ANNEXED

              Section 17.62.010. Preliminary Classification. All territory which may be
              annexed to the city after the effective date of the ordinance codified in this
              section shall automatically be classified as an R-1, single-family dwelling
              district, as of the date of annexation until the city planning commission makes
              a study of such annexed area and reports its recommendation for the final dis-
              trict classification to the city council, which shall then act in the manner
              provided by Section 17.52.050. This study and report shall be made within a
              reasonable time after such annexation. (Ord. 611 %';1 (part), 1976: Ord. 466
              SI(b)(part), 1967).
              Section 17-62.020. Previously Zoned Non-residential Territories. In the event
              that an area annexed by the city has been previously zoned by Grays Harbor County
              in other than a residential manner, then that area, when annexed, shall be declared.
              by the city council in the ordinance of annexation to be within the zone of comparable
              nature, provided that said clas'sif ication may be later changed in the manner provided by
              zoning law of the city. (Ord. 611 S;l (part) 1976: Ord. 446ff;3 (B) (part), 1967.

              Section 62.030. Classification Other than R-1. If, prior to annexation, the
              planning commission provided the city council with recommendation to re7zone
              the area to be annexed other than R-1, the city council, in the annexation ordin-
              ance, may establish the zoning classification of said land, provided that notifi-
              cation of the proposed classification shall be either given personally or mailed
              to all owners of record of land within the area to be annexed at least seven (7)
              days prior to the council's final hearing on annexation; PROVIDED FURTHER, that
              the classification so established may be later changed in the manner provided by
              the Elma zoning law.

                                                   -42-

                 ARTICLE 15. AMENDMENTS AND CHANGES

                 Section 17.66.010. Purpose. Public necessity and general welfare determined
                 through council motion, through public application, or through recommendation of
                 the planning commission or implementation of the Elma Comprehensive Plan may re-
                 quire the city council to ammend or supplement the regulations or defined dis-

                 tricts of this ordinance.

                 Section 17.66.020. Initiation of Amendment. An amendment or supplement to the
                 text or to the zoning district boundaries of this title may be initiated by:
                      1.  A resolution of request by the city council;
                      2.  An official proposal by the planning commission;
                      3.  An application to the city council listing the names, mailing addresses,
                          and property descriptions of the legal owners of property proposing
                          amendments or supplements.
                 Application shall be filed with the city clerk-treasurer and shall be accompanied
                 by the fee indicated in Section 17.70-020which covers expenses incident to the
                 investigation of such application and the cost of public notification.
                 Section 17.66.030. Referral to planning commission. Upon receipt of a properly
                 submitted application, the city council shall, at its next regular meeting, refer
                 such application to the planning commission for its report and recommendations by
                 setting a date for a public hearing and by instructing the city clerk to advertise
                 for public hearing in accordance with provisions in Section 17.66.060. .
                 Section 17.66.040. Planning Commission Action. As a result of the hearing held by
                 the planning commission, that body may or may not recommend approval of such re-
                 quested or proposed amendme nt or change.
                 The findings and determinations of the planning commission resulting from the
                 hearing shall be made in writing and a copy shall be transmitted to the applicant
                 and to the city council within fourteen (14) days of the date of such hearing.
                 Section 17.66.050. Council Action. Upon receipt of the recommendations of the
                 planning commission, the council shallinstruct the city clerk to set a date for
                 a public hearing to hear public reactions to the commission's recommendations on
                 the proposed amendment or supplement. Such hearing.shall be established according
                 to the provisions outlined in Section 17.66.060.
                 Upon conclusion of the public hearing held by the city council on a proposed
                 amendment or supplement to the ordinance, the council, within forty-five (45)
                 days shall either affir-ni, disapprove, or modify in whole or in part, the recom-
                 mendations made by the planning commission.

                                                      -43-

                 Section 17.66.060. Public Hearing. Necessary public hearings for proposals
                 to amend, supplement or change requirements of this ordinance or to reclassify
                 property or change zone boundary lines shall be advertised in a newspaper of gen-7
                 eral circulation published in the City of Elma at least five (5) days prior to any
                 such hearing. Said notice shall include the time and place of hearing, a brief
                 statement of the purpose thereof, and shall indicate that copies of the proposal
                 are on file at the office of thla city clerk. Said notice shall also be posted
                 at two (2) entrances to City Hall not less than five (5) days prior advertised
                 public hearing.
                 Hearings relating to.the reclassification of property shall be additionally ad-
                 vertised by sending said notice to all property owners within three hundred (3001
                 feet fromthe exterior boundaries of the subject property and by posting said
                 notice in three (3) conspicuous places on or adjacent property being reclassified,
                 not less than ten (10) days prior to hearing.

                                                     -44-

                ARTICLE 16. Fees

                Section 17.70.010. Purpose. The following fees shall be paid by every appli-
                cant toward defraying the city's costs in connection therewith, including pub-
                lication and advertising costs, and no application shall be filed or accepted
                unless the amount specified accompanied the application.
                Section 17.70.020. Processing Fees.
                     Change of Zone

                     Variance

                     Conditional Use Permit

                Section 17.70.030. Permit Issuance Fees

                     Certificate of Occupancy

                        Residential

                        Non-Residential

                     Variance

                     Conditional Use Permit for Home Occupation or Business

                     All Other

                These fees may be amended as determined necessary by the City Clerk with the

                City Council.

                                                    -45-

                ARTICLE 17. ENFORCEMENT, VIOLATION, AND PENALTIES

                Section 17.72.010. Enforcement. It shall be the duty of the Building Inspector
                to see that this ordinance is enforced through the proper legal channels, includ-
                ing, in addition to the imposition of criminal penalties hereinafter provided for,
                any appropriate action or proceeding to require compliance with, or to enjoin
                violation of, the provisions of this ordinance.

                Section 17.72.020. Applications for Building Permits. All applications for build-
                ing permits shall be accompanied by a plat in duplicate drawn to scale showing the
                actual dimensions of the lot to be built upon, the size, use, and location of
                existing buildings and buildings to be erected, and such other information as may
                be necessary to provide for the enforcement of this ordinance. A careful record
                of such applications and plats shall be kept in the office of the Building Inspec-

                tor.

                Section 17.72.030. Violations. It shall be unlawful in any way to violate this
                ordinance or for any person to use or occupy any portion of any premises, any
                part of which has been constructed, equipped, or-is used in violation of the pro-
                visions of this ordinance, until such unlawful use has ceased and such unlawful
                construction or equipment has been removed. Any premises which have been con-
                structed, equipped,. or used in violation of this ordinance shall be posted by the
                Building Ins pector with a sign directing the vacation of the entire premises with-
                in ten (10) days from the date noted thereon. Any person removing or defacing such
                sign without the permission of the proper authority shall be guilty of a misdemeanor
                and shall be subject to the penalties hereinafter provided.

                Section 17.72.040. Penalties. Any person, firm, or corporation who violates, dis-
                obeys, omits, neglects, or refuses to comply with or who resists the enforcement
                of any of the provisions of this ordinance shall, upon conviction, be fined in any
                sum not exceeding,$500.00 or be imprisoned in the City Jail for a period not ex-
                ceeding six (6) months, or be punished by both such fine and imprisonment, for
                each offense. Each day   that a violation is permitted to exist shall constitute
                a separate offense.

                                                      -46-

                ARTICLE 18. VALIDITY

                Section 17.77.010, Severence. Should any section, clause, or provision of this..
                     ordinance be declared invalid by any final decree of any court of competent
                     jurisdiction, such invalidity shall not affect the validity of this ordinance
                     as a whole or of any part thereof other than the part so declared to be in-

                     valid.

                Section 17.77.020. Repeal of Prior Ordinances. All ordinances in conflict here-
                     with including Ordinance No, 466 and all ordinances amendatory thereto are
                     hereby repealed; provided, however, that it is specifically intended that

                     this ordinance is a reclassification and recodification of Ordinance No. 466

                     as amended. Any prosecutions commenced under said ordinance or ordinances
                     amendatory thereto shall not be abated by reason of this ordinance, and pro-
                     vided further that the location of any building or use of property which is
                     in violation of said ordinance No. 466 and the maps adopted by said ordinance,
                     and which is also declared to be a use in violation of this ordinance shall

                     not become valid or become a non-conforming use by reason of its establish-
                     ment prior to the adoption of this ordinance, and for such purpose this or-

                     dinance is intended as a re-enactment and recodification of said Ordinance

                     No. 466 and all ordinances amendatory thereto,

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