A. Zones. This chapter describes the authorized uses and development standards for the commercial zones of Kalama: central business district (CBD); highway commercial district (HWC); neighborhood professional/service overlay zone (NPS); sexually oriented business overlay zone (SOB); and neighborhood commercial floating zone (NCF). The commercial zones provide a variety of economic opportunities while integrating new development with the existing community. The intent is to provide areas for placement of activities that are compatible to the surrounding area, provide an attractive setting, are conducive for safe, convenient pedestrian use, and minimize any undesirable impacts of these uses on other nearby uses and zoning districts. Each zone will provide for uses that will complement and not compete with other commercial districts. (Ord. 1072 § 3 (Att. B (part), 2001).

A. Central Business District (CBD). This district provides for a wide range of retail and professional business uses and services with a focus on providing a pedestrian-friendly experience and preserving the historical character of the downtown core of the community.
B. Highway Commercial District (HWC). This district provides for commercial activities which are dependent upon or require access by automobiles and trucks, require outdoor storage or display areas as well as off-street parking and loading areas and are not compatible with basic retail and professional business activities.
C. Neighborhood Professional/Service Overlay Zone (NPS). This overlay of the residential area adjacent to the central business district is to provide for professional offices and service businesses which have little or no environmental impact, require minimal city services and generate little vehicle traffic. This zoning provides a buffered area of commercial transition from the central business district while acting to preserve and protect existing residential architecture and nearby residential zones. Activities must be approved under a conditional use permit.
D. Sexually Oriented Business Overlay Zone (SOB). This overlay zone is established to provide an area for sexually oriented businesses requiring additional standards not common to general commercial activities. To mitigate the adverse impacts caused by such facilities and to maintain compatibility with other land uses and services permitted within the city. Activities must be approved under a conditional use permit.
E. Neighborhood Commercial Floating Zone (NCF). This is a floating zone to allow for the placement of convenient retail sales and services within residential areas. Location may be limited and consolidated. Such uses are approved only by conditional use permit. (Ord. 1072 § 3 (Att. B (part), 2001).

A. Permitted and Prohibited Uses. All uses shall either be permitted outright, prohibited or permitted as a conditional use as indicated in Chart 17.26.030.
B. Principal and Accessory Uses. All permitted uses shall be allowed as either principal use or as an accessory use, unless otherwise indicated in Chart 17.26.030.
C. Conditional Uses. All conditional uses shall be subject to the procedures in Kalama Municipal Code Chapter 17.54 (or as hereafter amended) and shall meet the following criteria:
1. Adverse impacts must be mitigated through special design or project limitations as needed to protect other properties in the vicinity of the proposed use and to protect the public interest;
2. The proposed use must not detract from the intended use of the zone in which the property is located;
3. If the conditional use is changed from one non-conforming use to another, the relative effects of the size, parking, traffic, light, glare, noise, odor and similar elements of the proposed use must be less detrimental to the intent of the zone and to property in the zone and vicinity than the existing nonconforming use; and
4. Certain activities such as gambling, sexually oriented businesses, activities in the neighborhood professional/services overlay area or an activity requesting placement under the neighborhood commercial floating zone must apply for a conditional use permit and meet the standards set for that activity as specified in Section 17.26.150 of this Chapter.
D. Non-conforming Uses and Structures. Continuation of non-conforming uses shall conform to code requirements and these additional standards:
1. Continuation of uses.
a. A structure containing a nonconforming use may be structurally altered as long as a nonconforming structure or use is not expanded.
b. A conforming business use or building with a non-conforming outdoor storage area may be extended, structurally altered or expanded if the outdoor storage area is not expanded; and provided further, that the outdoor storage area is screened and landscaped according to the standards in this chapter.
2. Changes from nonconforming uses.
a. A structure occupied by a non-conforming use may be converted to a conforming use even if in a non-conforming structure.
b. A non-conforming use may be converted by conditional use authorization to a use not otherwise permitted in the zone, according to the provisions of the conditional use subsection. (Ord. 1072 § 3 (Att. B (part), 2001).

Central Business District = CBD
Highway Commercial District = HWC
Residential Zones -- Conditional Uses allowed in area of Neighborhood Professional Services Overlay (NPS) = R1/R2

Permitted = P
Non Permitted = X
Conditional Use = C

A. Permanent Buildings Required. All buildings shall be installed on and attached to a permanent foundation and permanently attached to sewer, water and electrical utilities. The foundation and all building elements must comply with all city building code standards.
B. Temporary Buildings Permitted. No temporary or mobile structure can remain on a commercially zoned site for more than sixty days, except temporary buildings approved in the conditional use process or temporary construction offices which can remain on a construction site for the term of the construction work or one year whichever is shorter, unless extended as a conditional use to accommodate a longer construction period.
C. Standards. All setbacks shall be measured from the nearest wall or corner to the appropriate property line.
1. Central business district (CBD).
a. Lot size. There are no limitations for minimum lot size, width or depth.
b. Setbacks.
Front setback. No limitations, except to provide room for a sidewalk in conformance with city standards.
ii. Side setback. No limitations, except where the CBD zone abuts a residential zone, the side yard setback shall be that required by the residential zone.
iii. Rear setback. No limitations, except where the CBD zone abuts a residential zone and there is no alley between the CBD zone and the residential zone, the rear setback shall be that required by the residential zone.
c. Building height. No building shall be more than three stories or forty-five feet in height.
d. Lot coverage. There are no limitations provided the applicable setbacks are observed.
e. Historical preservation. Any new construction in the CBD should employ any architectural style from the 1850’s through the 1950’s in order to preserve the historical significance of Kalama’s core business district. Any remodeling of buildings in the CBD should respect the basic architecture of such buildings. Improvements may use traditional, historic or modern materials, provided the style of the building is maintained. Traditional materials are commonly used construction materials. Historic materials are reproduced in authentic period style. Modern materials are substances or fabrications not in existence at the time of the building’s construction, but which may offer superior structural, energy-efficiency or aesthetic values.
2. Highway commercial district (HWC).
a. Lot size. Minimum lot size is five thousand square feet with no limitations on width or depth.
b. Setbacks.
i. Front setbacks. Minimum front setback for all buildings shall be fifteen feet.
ii. Side setbacks. No limitations except where the HWC zone abuts a residential zone, the side yard setback shall be a minimum often feet and shall be increased one foot for each foot the HWC use building height is increased over twenty-five feet. On a corner lot, the minimum side street setback shall be thirty feet.
iii. Rear setbacks. No limitations except where the HWC zone abuts a residential zone, the rear yard setback shall be that required by the residential zone.
c. Building height. No building shall be more than three and one-half stories high or over thirty-five feet in height, provided where the HWC zone abuts a residential zone the height shall not exceed that required by the residential zone.
d. Lot coverage. There are no limitations on lot coverage provided that all screening and landscaping requirements in setback areas are observed where the HWC zone abuts a residential zone.
3. Neighborhood professional/service and sexually oriented business overlay zones. These zones must meet all requirements for lot size, setbacks, building height and lot coverage of the zone on which it is overlaid.
4. Neighborhood commercial floating zone. This zone must meet all requirements for the lot size, setbacks, building height and lot coverage of the zone on which it is located. (Ord. 1072 § 3 (Att. B (part), 2001).

The intent of screening and landscaping requirements are to provide a buffer to adjacent residential areas from the effects of neighboring commercial uses and to create commercial areas which are attractive.
A. General Requirements. A site plan with detailed landscaping and screening must be submitted to the city for review of conformance with the following requirements:
1. If the distance from the curb to the property line is eight feet or more, a street tree may be planted on each street frontage and one additional tree may be planted for every fifty lineal feet of street frontage.
2. A landscape berm area at least five feet deep shall be installed and maintained adjacent to each property line, except where a permanent structure, street, sidewalk or vision clearance requirements are in this area. Vision clearance shall be maintained at all street intersections of private and public roadways, alleys, driveways under the following standards:
a. No berm may be placed within fifteen feet of an intersection,
b. A vision clearance setback often feet from the edge of any existing or proposed roadway.
3. Any person proposing to construct a new building or make renovations to the exterior of an existing building located on a site which will have less than a five-foot deep landscaped buffer along sixty percent of all property lines, with the landscaping in the buffered area at the time of planting providing less than a two-foot-high screen, shall provide an exterior building design drawing and landscape plan that illustrates that the building’s exterior material and shape is compatible with the surrounding natural and manmade elements or design theme of the area where the building is located.
4. The building official or his/her designee shall review all applications for commercial building permits for new construction and/or renovation construction involving modification to sixty percent or more of the original building, for the required building design drawings and landscape plan.
5. Design review and/or landscape plan decisions may be forwarded to the city hearing examiner at the discretion of the building official, or appealed to the hearing examiner by the building owner.
B. Landscaping and Lighting of Surface Parking and Loading Areas. In addition to the general buffer landscaping requirements, the following landscaping is required for on-site parking and loading surface areas (parking lots)
1. Interior landscaping of five percent or more of the site area shall be required when the site, exclusive of the building area, is five thousand or more square feet. The interior landscaping shall be placed within the parking lot/loading zone area, in such a manner that it visually reduces the barren effect of the open-surfaced area.
2. Berms or other landscaped areas required to provide general site screening, may not be calculated as part of the interior landscaped area.
3 A detailed parking/loading area, landscaping and lighting plan, drawn to scale, shall be presented to the building official for approval prior to any building or construction permits being issued. (Ord. 1072 § 3 (Att. B (part), 2001).

Exterior lighting shall be shielded and directed away from residential uses. Exterior lighting on poles shall not exceed the building height limits of the underlying zone including the restrictions on height of structures adjacent to residentially zoned areas. (Ord. 1072 § 3 (Att. B (part), 2001).

A. Central Business District.
1. Illustrations for all building facade, sign or awning placement or improvements must be submitted for approval by the building official, prior to any construction permits being issued.
2. Sidewalk dining shall be allowed Kalama Municipal Code Chapter 17.27.
3. Mixed and multiple uses shall be allowed as a conditional use (example, apartments on upper floors and store or restaurant on main floor; video store on one side and laundromat on the other side, partitioned by a two-hour fire wall).
B. Highway Commercial District.
1. Signs. No advertising sign shall be of such type and style as to cause visual interference or distraction to any automobile driver or create a visual obstruction at any street intersection. Signs shall be permitted as allowed in accordance with Chapter 17.38.
2. For new construction or expansion to an existing building for the purpose of creating a highway oriented commercial business as defined in this section, the applicant must submit to the city, site development plans, landscaping, parking and lighting plans, proposed building elevation drawings and other information needed by the city building and planning department to review for conformance with this chapter and other associated city codes.
3. Gambling oriented business standards-Regulated gambling uses. The following gambling oriented businesses as defined in this section are subject to the provisions and regulations contained in this chapter and section.
a. Definitions.
1. Mini-casinos with up to five tables, limited to card games
ii. Major-casinos with up to fifteen tables or the limit of the Washington State gambling commission, plus all gambling apparatuses, such as, slot machines, roulette wheels, etc.
b. Location.
1. Gambling establishments shall locate only within zones as identified on Chart 17.26.030.
ii. The location of any licensed gambling activity is prohibited within one thousand feet of the location of any other such gambling activity, nor located on the same arterial street as any other such gambling activity.
c. Building facade. All gambling oriented building facades, exteriors and exits must be indistinguishable from any commercial building, such as those located within the central business district of Kalama.
d. Signs. Signs shall be permitted as allowed in accordance with Chapter 17.38 of the Kalama Municipal Code.
e. Parking and lighting regulations. On-site parking shall be required as per Sections 17.44.020 and 17.44.040 of the Kalama Municipal Code.
f. Number and types of permitted uses per structure. There shall be no sexually oriented business operating in the building, structure, or portion thereof in which a gambling oriented business is currently operating.
C. Neighborhood Professional/Service Overlay Zone. Activities placed in the neighborhood professional/service overlay zones must apply for a conditional use permit and meet the following standards for location, parking, noise, use, business hours, and pedestrian and vehicle traffic:
1. Location and hours of operation. Professional services identified on Chart 17.26.030 as allowable shall locate within the professional services overlay zone as identified on the official zoning map of the city. Businesses locating in the professional services overlay area are limited to hours open to the public between seven a.m. and nine p.m.
2. Dimensional standards. Shall meet all requirements for lot size, setbacks, building height, and lot coverage of the underlying zone.
3. Construction standards. New construction or remodeling shall be residential in character to blend with the historical characteristics predominate to the existing neighborhood.
4. Parking. Adequate parking for occupants, employees, visitors, customers, and patrons shall be provided. A minimum of four parking spaces are required for any professional service site. Any on-street parking spaces immediately adjacent to a use may be counted toward fulfilling that use’s parking requirements.
5. Lighting. Lighting shall comply with the requirements of Section 17.26.080.
6. Screening/landscaping and yard maintenance. All professional service sites shall be maintained in a neat and orderly manner. No nonfunctional vehicles, machinery, appliances, steel drums, boxes, crates, pallets, and related equipment and materials shall not be openly stored in side and rear yards.
7. Signs. Signs shall be limited in size to two sq. ft. Vision clearance areas shall be maintained at all intersections, driveways, and alleys with no sign placed within fifteen feet of any intersection. Signs shall not obstruct the view from any other neighboring property. Except with the exceptions herein signs shall be permitted as allowed in accordance with Section 17.38.130 of the Kalama Municipal Code.
D. Sexually oriented business overlay zone. The following sexually oriented businesses as defined in this Section are subject to the provisions and regulations contained in this chapter and section:
1. Definitions.
a. Adult arcades mean an establishment where, for any form of consideration, one or more still or motion picture projectors, slide projectors, or similar machines, or other image producing machines, for viewing by five or fewer persons each, are used to show films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by the depiction or description of specific sexual activities or specified anatomical areas.
b. Adult bookstores, novelty stores and/or video stores means a commercial establishment which has a significant or substantial portion of its stock-in-trade or a significant or substantial portion of its revenues or devotes a significant or substantial portion of its interior business or advertising to the sale or rental for any form of consideration, or any one or more of the following:
i. Books magazines, periodicals, or other printed matter or photographs, films, motion pictures, video cassettes, slides, or other visual representations which are characterized by the depiction or description of specified sexual activities or specified anatomical areas; or
ii. An establishment may have another significant or substantial portion of its stock-in-trade that does not involve the offering for sale or rental of materials depicting or describing specified sexual activities or specified anatomical areas and still be categorized as adult bookstore, adult novelty store, or adult video store. Such other business purposes will not serve to exempt such establishments from being categorized as an adult bookstore, adult novelty store, or adult video store so long as one of its principal business purposes is offering for sale or rental, for some form of consideration, the specified materials which depict or describe specified sexual activities or specified anatomical areas. Therefore any establishment having twenty percent or more of its stock-in-trade or revenues that come from trading in material depicting or describing specified sexual activities or specified anatomical areas shall be categorized as an adult bookstore, adult novelty store or adult video store.
c. Adult cabaret means a nightclub, bar, restaurant, or similar commercial establishment, whether or not alcoholic beverages are served, which features: 1) persons who appear nude or semi-nude; 2) live performances which are characterized by the exposure of specified sexual activities or specified anatomical areas; 3) films, motion pictures, video cassettes, slides, or other photographic reproduction which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.
d. Adult motels/hotels mean a hotel, motel or similar commercial establishment which:
i. Offers accommodation to the public for any form of consideration and provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas and which has sign visible from the public right-of-way which advertises the availability of this adult type of photographic reproductions; or
ii. Offers a sleeping room for rent for a period of time that is less than twenty hours; or
iii. Allows a tenant or occupant of a sleeping room to subrent the room for a period of time that is less than twenty hours.
e. Adult motion picture theaters mean a commercial establishment where films, motion pictures, video cassettes, slides, or similar photographic reproductions characterized by the depiction or description of specified sexual activities or specified anatomical areas are regularly shown for any form of consideration.
f. Adult theaters mean a concert hall, theater, auditorium, or similar commercial establishment which, for any form of consideration, regularly features persons who appear nude or semi-nude, or live performances which are characterized by exposure of specified sexual activities or specified anatomical areas.
g. Nude/semi-nude model studios mean a place where a person who appears nude or semi-nude or displays specified anatomical areas is provided for money or any form of consideration to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons.
h. Specified anatomical areas mean specified anatomical areas shall mean and include any of the following: 1) less than completely and opaquely covered human genitals, pubic region, buttocks, anus or female breasts below a point immediately above the top of areola; 2) human male genitals in a discernibly turgid state, even if completely and opaquely covered.
i. Specified sexual activities mean specified sexual activities shall mean and include any of the following: 1) the fondling or other intentional touching of human genitals, pubic region, buttocks, anus, or female breasts; 2) sex acts, actual or simulated including intercourse, oral copulation or sodomy; 3) masturbation, actual or simulated; 4) human genitals in a state of sexual stimulation, arousal or tumescence; 5) excretory functions as part of or in connection with any of the activities set forth in subdivisions 1 through 4 of this subsection.
j. Youth oriented business or activity: a business utilizing a permanent building or facility where children under the age of eighteen years are invited onto the premises in conjunction with such business activity and at least fifty percent of the business revenue is generated from their patronage.
2. Location. Sexually oriented business establishments as defined in this chapter shall locate only within the sexually oriented business overlay zone within such geographical areas of the city as identified on the official zoning map of the city. Provided, however, that even within the overlay zone, a sexually oriented business shall not locate within a distance of six hundred feet of an existing youth-oriented business or activity, provided, that the youth-oriented business or activity was operating prior to the proposed location of the sexually oriented business. No structure used for an adult book store, adult novelty store or adult video store or any form of adult sexually oriented business shall locate closer than one thousand feet from any other structure or building used for such purpose nor shall such business locate closer than one thousand two hundred feet to an existing church, park, or school property. The distances set forth in this section shall be measured in all compass directions, in a straight line, from the exterior wall of the existing building to the closest property line of the subject building.
3. Building facade of sexually oriented businesses. All sexually oriented business building facades, exteriors and exits must be indistinguishable from any commercial building, such as those located within the central business district of Kalama. Illustrations depicting partially or totally nude humans shall not be posted, painted or depicted in any manner on any exterior wall, door or apparatus attached to or associated with such building.
4. Plans required-New construction or expansion. For new construction or expansion to an existing building for the purpose of a sexually oriented business as defined in this section, the applicant must submit to the city, site development plans, landscaping, parking and lighting plans, proposed building elevation drawings and other information needed by the city building and planning dept. to review for conformance with this chapter and other associated city codes.
5. Parking and lighting regulations.
a. Parking. On-site parking shall be required as per Chapter 17.44 of the Kalama Municipal Code, and in addition shall meet the following:
i. All on-site parking areas and premise entries of sexually oriented businesses shall be illuminated from dusk until one hour past closing hour of operation with a lighting system which provides an average maintained horizontal illumination of one foot-candle of light on the parking surface and/or walkways. An on-site exterior lighting plan shall be presented to the city police department for approval prior to the operation of any sexually oriented business.
ii. All parking for sexually oriented businesses must be located to the front of the building. Parking and pedestrian access to the exterior rear of the building shall be denied to any persons other than employees and public officials during the performance of their respective duties and tasks by means of fencing approved by the city police and public works departments.
6. Number and types of permitted uses per structure for sexually oriented businesses. There shall be no more than one sexually oriented business operation in the same building, structure or portion thereof. In addition, there shall be no other non-sexually oriented business operating in the same building, structure, or portion thereof in which a sexually oriented business is currently operating.
7. Signs. Signs shall be permitted as allowed in accordance with Chapter 17.38 of the Kalama Municipal Code.
8. Nonconforming uses. Any sexually oriented business lawfully operating on the effective date of this chapter, that as a result of this chapter is in violation of location, structural, uses, or parking or lighting requirements of this section, shall be deemed a nonconforming use. Such nonconforming use shall be permitted to continue at its existing location and in its existing building for a period not to exceed ninety days, unless sooner terminated for any reason, or voluntarily discontinued for a period of three continuous months. Nonconforming uses shall not be increased, extended or altered except if such alterations are to a conforming use.
E. Neighborhood Commercial Floating Zone.
1. Location, size and/or consolidation of site shall first be approved by the planning commission at an open meeting with the applicant. Recommendations of the planning commission will be submitted with the conditional use permit application.
2. Outdoor sales and display areas shall be limited to forty percent of the lot area or one thousand five hundred square feet, whichever is less.
3. On-site parking and loading is required as per parking standards in Chapter 17.44 of this code.
4. The number of drive-in lanes and curb cuts shall be limited to one drive-in lane and curb cut per business, Except for service stations, which shall be allowed a maximum of four drive-in lanes and curb cuts per business.
5. All outdoor advertising signs placed on stand-alone poles shall be blackened-out on side facing adjacent residentially zoned property.
6. All outdoor advertising shall be limited to on-site business only (the sign owner cannot rent sign space or erect a sign for a business not located on the immediate property.
7. In the neighborhood commercial zone, only one business structure per lot shall be permitted. (Ord. 1072 § 3 (Att. B (part), 2001).

To consider establishment of any new commercially zoned property, the applicant for the zone change must submit an inventory of the available and vacant or underutilized commercially zoned property where the proposed use is a permitted use. The inventory will provide an indication of the level of need for additional commercially zoned property which can accommodate the proposed use. All proposed rezones to commercial uses must comply with Kalama Municipal Code Chapter 17. 56 and meet the following standards:
A. Nonconforming Uses. A new commercial zone shall not be established upon a parcel of land which contains a nonconforming use, unless the development plan for the commercial facility includes the elimination of more than half of the nonconforming uses, buildings and structures within twenty-four months of the rezone:
B. Traffic Circulation Plan. The applicant for the rezone must provide a traffic circulation plan showing the adequacy of the adjacent streets for carrying the traffic generated by the proposed use, proper methods of ingress and egress to and from the area.
C. Preliminary Development Plan. The applicant for the rezone must submit a preliminary development plan for the commercial facility showing: a unified and organized arrangement of buildings; off-street parking; internal traffic circulation; public restrooms and service facilities for the property on which the new commercial facility is proposed. The planned development shall minimize any adverse effect on the properties surrounding the proposed development.
D. Cost of Improvements. The property owner of the rezoned property shall be required to pay the cost of the construction and installation of necessary improvements on streets abutting the proposed commercial facility, and shall dedicate or deed land abutting the commercial facility for street widening purposes when so required by the city. (Ord. 1072 § 3 (Att. B (part), 2001).