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ORD 89-56 ZONING FOR FERRY TERMINAL DISTRICTROC:sk To be considered: 9/7/89, 9/21/89, 12/7/89 Revised: 9/6/89, 9/15/89, 11/29/89 ORDINANCE NO. 89-56 AN ORDINANCE OF THE CITY OF WINSLOW, WASHINGTON, AMENDING THE WINSLOW MUNICIPAL CODE, TITLE 18, ENTITLED ZONING, TO REVISE CHAPTER 18.64, ENTITLED FERRY TEMRMINAL DISTRICT, TO ADD FERRY TERMINALS AND ASSOCIATED TRANSPORTATION FACILITIES AS A PERMITTED USE; ELIMINATING INDOOR ENTERTAINMENT AND AMUSEMENTS, EDUCATIONAL, CULTURAL, GOVERNMENTAL, HEALTH CARE FACILITIES AND HOTELS AND MOTELS AS PERMITTED USES AND ELIMINATING PUD'S AND RESIDENTIAL USES AS A PUD AS A CONDITIONAL USE; ESTABLISHING THE HEARING EXAMINER AS THE OFFICIAL TO DETERMINE WHETHER THE CONDITIONAL USE COMPLIES WITH THE REQUIRED CONDITIONS; AND ADDING PARKING EXEMPTIONS FOR BUSINESSES CATERING TO WALK-ON, WALK-OFF FERRY PASSENGERS. WHEREAS, the City Council of the City of Winslow, Washington, has determined that the Zoning Code should be amended; and WHEREAS, the Planning Agency conducted the required public hearing on the 26th day of January, 1989; and WHEREAS, the City Council of the City of Winslow, Washington, finds that the policies outlined in the Land Use subsection of the Comprehensive Plan require the updating of the Zoning Code; now, therefore WHEREAS, Ordinance No. 89-42, was adopted prior to Council action on revising the parking, landscaping, and general regulations sections of the zoning ordinance; now, therefore THE MAYOR AND CITY COUNCIL OF THE CITY OF WINSLOW DO ORDAIN AS FOLLOWS: Section 1. in its entirety. Ordinance No. 89-42, is hereby rescinded Section %. Chapter 18.64, entitled Ferry Terminal District, of the Winslow Municipal Code is amended to read in its entirety as follows: CHAPTER 18.64 FERRY TERMINAL DISTRICT Section 18.64.010 18.64 020 18.64 030 18.64 040 18.64 050 18.64 060 18.64 070 Purpose Permitted Uses Conditional Uses Minimum Lot Area Lot Coverage Yards Parking Exemption Commercial, Ferry Terminal District, Chapter 18.64 WMC 18.64.010 Purposes. The purpose of the Commercial Zone -- Ferry Terminal District is to provide: 1. An efficient transportation link for ferry boat, automobile, public transit, bicycle, and pedestrian traffic service Winslow, Kitsap County, and the Olympic Peninsula. 2. Automobile parking in support of the transportation function. 3. An attractive entry point into Winslow that cit ' is, as much as possible, in keeping with the y s intimate character and natural setting. 4. Retail and personal services for residents and visitors to the city. WMC 18.64.020 Permitted Uses. Permitted uses shall be as follows: A. Ferry terminal and associated docks, ramps, walks, footpaths, trails, waiting rooms, and holding areas. B. Surface and structured parking lots that primarily serve foot passengers. C. The following uses are permitted providing that parking spaces dedicated to ferry terminal passengers are also provided in the amount of one space per three hundred and fifty square feet of lot area. The number of parking spaces required for ferry terminal shall be in addition to the number of parking spaces required for the proposed development as specified in Chapter 18.89. (Exception: If it can be shown that the property in question cannot accommodate one stall per three hundred and fifty square feet of lot area on a single level of surface parking, the Planning Agency may reduce the number of parking spaces required under this provision to the number that can be accommodated by a single level of surface parking.) 1. Retail sales not requiring outdoor storage, except formula, take-out food restaurants; 2. Personal and professional services; 3. Signs subject to the provisions of the sign ordinance; 4. Public park and playgrounds; 5. Planned unit developments; 6. Residences in accordance with the provisions of Chapter 18.40, Planned Unit Developments; 7. Similar uses as determined by the building official. WMC 18.64.030 Conditional Uses. A. Uses which do not meet the criteria of 18.64.020.C, shall be considered conditional uses and shall include: 1. Public and private utility buildings and structures; 2. Structures over thirty-five feet high; 3. Retail sales not requiring outdoor storage; except formula take-out food restaurants; 4. Personal and professional services; 5. Indoor entertainment and amusement; 6. Signs subject to the provisions of the sign ordinance; 7. Educational, cultural, governmental, religious or health care facilities; 8. Public parks and playgrounds; 9. Hotels and motels; B. The conditional uses listed in WMC 18.64.030.A.1-9, shall conform to the following conditions set by the City Council to meet the following requirements: 1. That adverse impacts to vehicular or pedestrian traffic or to the safety of pedestrians are non-significant or are satisfactorily mitigated. The Hearing Examiner may require that on-site or off- site traffic improvements be made or set conditions on location and configuration of access points and driveways. 2. The adequate parking as determined by the Hearing Examiner for all on-site uses be provided. Where the Hearing Examiner determines that on-site parking demand exceeds the spaces required under Chapter 18.89, the hearing Examiner may require that additional spaces be provided on site. 3. That adverse impacts to neighboring properties, including light, glare, noise, litter, access and aesthetics are non-significant or are satisfactorily mitigated. The Hearing Examiner may require yard set-backs, height restrictions or other conditions to insure that the rights of adjacent properties are protected. 4. That substantial adverse impacts to aesthetics be mitigated. The Hearing Examiner may require a landscaped strip up to fifteen feet in width adjacent to public property be provided and improved in accordance with Chapter 18.90, Landscaping Requirements. C. Other uses deemed likely to cause a nuisance if not otherwise ~ntrolled. WMC 18.64.040 Minimum Lot Area. There shall be no minimum lot area. WMC 18.64.050 Lot CoveraRe. A. For uses on lots that also provide parking spaces dedicated to ferry passengers, the maximum lot coverage shall be calculated according to the following formula: Total lot coverage = 35% + 65%[N/(L.A./350)]. Where N = Number of parking spaces dedicated to ferry passengers and L.A. - Total lot area as measured in square feet. B. For uses on lots that do not provide ferry terminal passenger parking, the maximum lot coverage is thirty-five percent. WMC 18.64.060 Yards. For properties directly adjacent to a residential zone there shall be a required yard not less than five feet along the property line abutting the residential zone. This yard setback shall apply to parking structures and surface parking lots as well as structures. WMC 18.64.070 ParkinR Exemption. Businesses catering exclusively to walk-on, walk-off foot passengers require no parking other than that required for employees of the business and as required by Chapter 18.89. Section 2- Severability. If any provision hereof is found to be unenforceable, the remaining provisions shall be in full force and effect. Section 4. This ordinance or a summary of the title shall be published in the official newspaper of the City of Winslow, Washington and shall take effect 5 days after publication and posting as required by law. A~,~/, LICE B. T~ESEY, Mayor ROBERT O. CONOLEY, ~.y FILED WITH CITY CLERK: 11-30-89 APPROVED BY CITY COUNCIL: December 7~ 1989 PUBLICATION DATE: December 13~ 1989 EFFECTIVE DATE: December 18 ~ 1989 ORDINANCE NO. 89-56 -3-