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ORD 69-16 ZONING CODECITY OF WINSL(Y~ ZONING CODE ORDINANCE NUMBER 69 - 16 SEFrE~BER, 1969 TABLE OF CONTENTS Purpose of the Code Page 1 Zone Regulations, Use Classifications, and Zoning Map Page 2 Administration, Enforcement, and Penalty Page 5 ~ Definitions Page 7 Single Family-High Density-Classification "'RS-7,500" Page 14 Single Family-Medium Density-Classification-"RS-10,000" Page 17 Single Family-Low Density-Classification-"RS-15,000" Page 20 Multiple Residence-Low Density Classification-"RML-2000" Page 23 Multiple Residence-Medium Density Classification-"RMM-1,200" ,.Page 26 ~r Business Classification , ,, , page 28 Mercantile Classification-"MERC" Page 32 Planned Unit Developments Page 37 Extraordinary Uses Page 41 Heights, Yards, Open Spaces, and Signs. Page 44 Off-Street Parking Page 48 Environmental Design Standards Page 51 Variances, Conditional Use Permits, and Appeals Page 56 Notice, Hearings, and Procedures. Page 60 Non-Conforming .Conditions and Uses of Land and Structures page 61 Amendments Page 63 Permits, Fees, and Severability Page 67 4...r 4 ~. r -~ -.v.__ Page 1 ,~ , Purpose of the Code. i i ri This shall be known as The Zoning Code. of the city of Winslow. The purpose of the Code is to provide a basic tool needed by the City to imple- went its comprehensive plan for long range development. The Zoning Code translates into specific requirements and regulations ,W~ for the use of land and development of buildings those broad concepts of the plan, "designed, among other things, to encourage.. the most appropriate use of land throughout: the municipality; to lessen traffic congestion and accidents: to secure safety from fire; to provide adequate light and air; to prevent over crowding of land; to avoid undue concentration of popula- tion; to promote a coordinated development of the unbuilt areas; to encourage the formation of neighborhood or community units; to secure an appropriate allotment of land area in new developments for all the require- ments of community life; to conserve and restore natural beauty and other natural resources; to facilitate .the adequate provision of transportation, water, sewerage, and other public uses and requirements." The quotation is from chapter 44, Laws of 1935, for the State of Washington, as amended, and codified as R.C.W. 35,63. This Code has been prepared in accordance with such Laws. .. -,~-~ F f ' , Page 2 Zone Regulations, Use Classifications, and Zoning Map The city of Winslow is hereby divided into zones, classified by use, .:._._.. for the purpose of guiding.. the city's development, in the public interest of health, safety, and welfare, toward an economically and socially desir- able environment conforming to the City's Comprehensive Plan. For each zone, detailed regulations are established in respect to: the uses of land: types, sizes, and locations of buildings:. conditions of use for land and buildings: and prohibitions, as are deemed necessary to further the purposes. of each use. General Zone Regulations. The detail regulations set by this Code within each zone shall apply uniformly to each class or kind of structure or land, and particularly: 1. No building, structure, or land shall hereafter be occupied or used, and no building ox-stxucture shall hereafter be erected, constructed, reconstructed, structurally altered, or moved un- less in conformity with all the regulations herein specified for the zone in which it is located.. 2. No building or structure shall hereafter be erected or altered: a.) To exceed the height or floor area ratio: b.) To house a greater pop.ulatio.n density: c.) To occupy a greater percentage of lot area.: d.) To have narrower or smaller front yards, side yards, rear yards, or open spaces: Than herein required or in any other manner contrary to the pro- visions of this Code.. 3. A street or alley which is vacated shall be classified in the same use classification as adjoining property. If a zoning district boundary follows the center line of such street or alley each half of the vacated area shall be classified similarly to adjoining property. 4. No yard nx lot existing prior to the adoption of this Code shall be reduced in..dimension'or area below. the requirements set forth herein. A yard or lot ereated,hereafter shall meet the requirements of this code. All territory hereafter annexed by the City shall be considered to be zoned in the same manner as the contiguous territory inside previous city limits until otherwise classified. Use Classifications. The classifications of use are as follows: RS-7500 Single family residence - minimum. lot size 7500 square feet. RS-10,000 Single family residence - minimum lot size 10,000 square feet. ...- RS-15,000 Single family residence - minimum lot size 15,000 square feet. '' Page 3 RML-2000 Multiple family residence - Low density. RMM-1200 Multiple family residence - Medium density, BL: Business, Low density. BM: Business, Medium .density. MERC: Mercantile. '' ~' Zoning Districts. The subdivisions of zones as they may be established through the city shall be called zoning districts. Such zoning .districts shall be identified and delineated with specific boundaries on a map of the city and this shall be known as the Official Zoning Map and shall be a part of this Code, Official Zoning Map. The Official Zoning Map shall be identified by signatures of the City Council and shall carry the following words: "This is to certify that this is the Official Zoning Map referred to in th/e Zoning~Ordinance of the City of Winslow, Washington, adopted ~~~Cv,.~~-C~~ l' , I~,~~ ," If, in accordance with the provisions of this Code, changes are made in zoning district boundaries or other matter portrayed on the Official Zoning Map, such changes shall be made on the Official Zoning Map promptly after the amendment has been adopted, together with an entry on, or attached to, the Official Zoning Map, as follows: "On (date) by official action of the City Council, the following change was (changes were) made in the Official Zoning Map (brief description of nature of change)" which entry shall be signed by the City Council. Regardless of the existence of purported copies of the Official Zoning Map which may be made or published, the Official Zoning_Map which shall be located in the office of the Clerk shall be the final authority as to the current zoning status of land and water areas, buildings and other structures in the City. Zoning District Boundaries. Where uncertainty exists as to the boundaries of zoning districts as shown on the Official Zoning Map, the following rules shall apply: 1. Boundaries indicated as approximately following the center lines of streets, highways, freeways, shall be construed to follow such center lines. ' , £'age 4 ~.~.. 2. Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines. 3. Boundaries indicated as approximately following city limits shall be construed as following city limits. 4. Boundaries indicated as approximately following shore lines shall be construed to follow such shore lines, and in the event of change in the shoriL line shall be construed as moving with the actual shore line. 5. That portion of Puget Sound which is adjacent to the City between the uplands fronting thereon and over any tidelands or shorelands intervening between such upland boundary and any such waters to the middle of such Puget Sound shall be considered to be within the same zoning district as the adjacent land area as shown on the Official Zoning Map, except that, in Eagle Harbor, the area bounded on the North by the meander line, on the East by Ferncliff Way projected, on the South by the city limits, and on the West by Grow Avenue _,~,~ projected, may be used for business uses of a marine nature, such as docks, moorages, floats and marine services. 6. Boundaries indicated as parallel to or extensions of features indicated in subsections 1 through 4 above shall be so construed. Distances not specifically indicated on the Official Zoning Map shall be determined by the scale of the map, 7. Where physical or other features existing on the ground are in variance with those shown on the Official Zoning Map, or in other circumstances not covered by subsections 1 through 6 above, the Commission shall interpret the zoning district boundaries. .-.... a ,.. ~. , ~ Page 5 Administrat.ion,. En.forcemeut~ and Penalty Administration. The Building Official shall administer this Code, with the advice and counsel of the Planning Commission.. In.addition._to Rezoning and other such matters covered by law, the Official shall obtain approval by the Commission, of applications for permits covering Extraordinary Uses and Planned Unit Developments. The Official shall. refer to the City Attorney, for necessary legal action, any matter involving purported violation of this Code which cannot be resolved by him. If the Official. shall find that any provision of this Code is being violated, he shall notify., in writing, the person responsible for such violation, indicating the nature of the violation, and ordering the action .required to correct it. He shall order discon- tinuance of illegal use of land or structures;. removal of illegal structures, or additions or alterations ..thereto; discontinuance of any illegal work being done; or shall ..take any other action authorized by this Code to insure compliance with or to prevent violation of its provisions. Enforcement. The Building Code requires that a Building Permit be issued before any structure may be erected, moved, or structurally altered. The Official shall not issue a Building Permit for any construction if the proposed work does not conform to the provisions of this Code. An application for a Building Permit shall include the following informa- tion essential to the administration of this Code, shown on plans and drawn to scale: 1. Dimensions. and shape of lot; 2. Location and dimensions of structures proposed; 3. Sizes and location on lot of any existing structures; 4. Other information which may. be reasonably requested, such as existing and proposed uses of structures. and land;. number of families.. or persons structure_is designed to house and similar matters. It is recognized that violation of the Performance Standards set forth ' in the Section, "Mercantile Classification", can only be judged by technical specialists with knowledge and experience not customarily available to the City. , ~ ~ ~ ~ ~ Page 6 When the City has reasonable doubts that the operator of an existing business or mercantile entererise is__in compliance., or that the proponent of such a proposed enterp-rise.is..capable.of compliance, with .such Performance Standards, the City may engage.a_.recognized, independent., testing laboratory to evaluate actual performance or per- ry formance capability, as the case may be, and.. to make a report to the City thereon. If the report on an exis ing enterprise._indicates violation of the Performance Standards, the City shall take the steps required by law to obtain compliance.. If the report on.a proposed enterprise indicates probable inability to comply with the Per.forman;ce Standards, the City shall not issuea Building Permit until.it is.satisfied that the enter- prise can be operated in compliance with said_Standards. The cost of such studies and reports shall be borne. by the business or mercantile entrepreneur and the City may require that he furnish a bond to insure payment of such costs. Penalty. it The construction, erection, enlargement,. alteration, movement, or maintenance of any building or structure. contrary to the provisions of this Code shall be unlawful and a public nuisance. The use of any property contrary to the provisions of this Code shall be unlawful and a public nuisance. The City Attorney shall take action to enjoin, abate, or remove such .unlawful building, structure, or use in the. manner provided by law. This code is for the benefit. of the life,_health, welfare, safety, and convenience of the inhabitants of the City of Winslow. It is hereby made a misdemeanor to violate any of the provisions of this Code or any amendment thereto.. Such violations shall be punished as_provided by the statutes of the State of Washington, for_the commis inn of a_misdemeanor. Y~ Each day's violation shall constitute a separate and distinct offense. Page 7 T1T,' T: T TTT TT l1TTC Certain words and terms used in this Code are.. defined below for one of the following reasons: a.) To simplify wording:. i,e., "Commission" means "The Planning Commission of the City of Winslow". b.) To gve.meaning.of a technical term: i.e,, "Floor area ratio" means "the total floor area of a building divided_by the lot area." c,) To eliminate ambiguity: i.e., "Boarding house" means "a dwelling in which sleeping ..rooms. are furnished and meals. provided for compensation. to not more than tennon.-transient guests." .Some definitions differ from definitions of the same words in standard dictionaries.. Where this occurs, the definition in this Code shall prevail, Words not defined shall be presumed to have common and universally accepted dictionary meanings. The word "person" includes a firm., association,. organization, partnership, trust, company, or corporation as well as an individual. The present tense includes the future tense, the singular number includes the plural, and the plural. number includes. the singular. ~S The word "ehall'J''~mandatory, the word "may" is permissive. The words "used" or "occupied" include the words "intended", "designed", "arranged", "to be used" or "to be occupied"'. nA n Accessory building, or use: (See building., accessory; use, accessory). Alley: A public thoroughfare, or a private way which is permanently re- served, serving as secondary means of_access to abutting property, Apartment: A room or suite. of rooms comprising part of a building which contains living,. cooking,.sleeping,..and.bathing facilities and is suitable for. occupancy by one family. Apartment hotel: A hotel intended for occupancy by non-transient guests and containing apartments which can be occupied with or without customary hotel service. Area building: The ground area encompassed within the walls. of a building. Area, Gross building. (or gross floor): The total area of all floors with- in the walls of a building. Area, Sign: Normally, the height of the sign ..multiplied by its width, In case of open work or irregular signs, the smallest rectangle which will completely enclose the sign, Page 8 nB n Board: The Board of Adjustment of the Gity of_Winslow. Boarding house: A dwelling in which sleeping rooms are furnished and meals. are provided for compensation to not more than ten., non-transient guests... The terms "rooming house" and "lodging ,house" are synonymous, for_the purposes of this Code, with "boarding house." Building:. A structure having walls and a roof, and. used to shelter people, animals, or property of any kind. Building, enclosed: A building with solid walls and roof and with no openings other than doors. and windows.. Building, accessory: A building of secondary importance on a lot, such as a garage, or shed.. Building, non-conforming: A building which was lawfully designed and constructed prior to adoption of this Code (or applicable..amendments.thereto) but which does not conform to present regulations of the Code. Building, principal: A building which contains. the primary. use of the lot on which it is located,, There is only one principal building on any lot. Building area: See."area, building" Euilding Official: An employee of the City designated by the Council, by Resolution, to administe"the provisions of this code (ordinance). .. C.. ~r Carport: A covered shelter for one or more automobiles which is open on at least two sides. Clinic: A building in which medical or dental ..services are provided for treatment of human out patients. Commission: The Planning Commission,.of_the.City of Winslow. Comprehensive plan: Policies and proposals prepared._,by a consultant iri conjunction with the Commission and adopted by the Council: to guide physical development of the city: to facilitate coordination of city programs and ser- vices: and to promote general welfare. Conditional use: See use, conditional. Council: The Council of the City of Winslow. nDn Day care home: A dwelling, licensed by the Washington State Department of Public Assistance, in which_parental_eare-is provided for children of working mothers during the working day. The number. of children is limited to six.,. except under extraordinary circumstances....., Day nursery: An establishment, licensed by he Washington State Department of Public Assistance, in which parental. care is provided for children of working mothers during the working day. Some- times called Day Care Centers, such establishments handle substantial numbers of children, ,~ ~ gage 9 Dwelling, duplex: A building containing.. two dwelling units, constructed side by side or superimposed. ~` Dwelling, multiple: A building containing three or more dwelling units. See Apartment Building. Dwelling, single family: A building containing one. dwelling unit. Dwelling unit: A suite of one or more roams containing sleeping, bathing and kitchen facilities for occupancy by one family. nE n (NONE) ..F„ Family: A designation for one or more persons who live in one dwelling unit and maintain one household. Any number of such persons, related by kinship, constitutes a family. However, not more than five such persons, when not related by kinship, constitutes a family. Floor area: See, area, floor. Floor area ratio: The gross floor .area of a building divided by the area of its lot. ,.G .. Garage: An enclosed shelter for automobiles. A private garage. is an accessory use reserved to occupants of the principal building. A public garage is available. to the public for parking, purchase of automotive products, and minor servicing such as lubrication, washing, and tire changing... Grade: The average elevation of finished ground level at the center of all exterior walls of a building.. Where an exterior wall is within five feet of a sideway, the sideway is construed to be the finish- ed ground level. Greenbelt: A cultivated screen to create permanent visual separation be- tween dissimilar land uses; containing at least one row of evergreen trees, spaced not more than forty feet apart;. and at least three rows of shrubs, spaced not more than eight feet apart, of species which grow to a height of not less than twelve feet. Gross floor area: See Area, gross floor. Gross Building area: See Area, gross building. nH n Height of Building: The vertical distance from the grade to: (1) The ~'.--- highest_point of the coping of a flat roof:. (2) The ~ ; deckline of a mansard roof: (3) A point half way be- -' tween the plate and the ridge of a gabled or hipped roof.;- ; , Page 10 Home occupation: A business carried on within a dwelling unit by a member of the occupying family, which is secondary to the res- "" idential use of the unit and does not affect its external appearance. The term includes businesses which generate little traffic or noise:. .such as the individual practice of arts and crafts, private instruction, medicine, den- :. tistry, law, architecture, and engineering; nursing, foster care, day care: and other similar uses. The term does not include businesses which. generate substantial traffic or noise: such as on,.site sales of any kind, public instruction, or personal services dependent on volume, Hotel: A building containing not less than six_sleeping.rooms, together with bathing facilities for paying guests.. A hotel may include rooms for dining,_meetings, shops, recreation, and other purposes. nl n (NONE) __ ~~ J„ Junkyard: A place where odds and ends,.. waste, discarded or salvaged materials are bought, sold, exchanged. or handled. The term in- cludes automobile and building wrecking_ yards. It does not in- clude establishments dealing with used furniture or household equipment, used cars or machinery in operable condition. ~~~~ ... . Kennel: A place where three or more adult dogs or other tamed animals are kept. A private kennel is maintained by the owner of the animals for use and enjoyment. A commercial kennel is maintained to board, breed, or treat the animals for profit. nL n Lot: A parcel of land described by: (1) Reference to a recorded plot: (2) Metes and bounds: (3) Section, Township, and Range. A lot has a frontage of not less. than twenty feet on a street or an exclusive, unobstructed easement to a street at least twenty feet wide. Two or more such lots under one ownership and developed as a single unit of property .are, for the purposes of_this Code, one lot. Lot, corner: A lot which has: (1) Frontage on two intersecting streets where the angle of intersection .does not exceed 135 degrees, or (2) frontage on three streets with two points of inter- section does not exceed 135 degrees (where both angles of intersection are less than 135 degrees, the lot is called a double corner lot} . Lot, Coverage: That portion of a lot covered. by buildings expressed as a percentage of the. total area of the lot. +'' ' - • Page 11 Lot, interior: Any lot other than a corner lot; (including a lot with frontage on two intersecting streets where the angle of intersection exceeds 135 degrees)... Lot line, rear: (1) For rectangular lots, the lot line opposite and most distant. from the front .lot line: (2) For irregular lots, a line ten feet long within the lot, parallel and at the maximum distance from the front lot line. Lot, through: A lot with frontage on two streets, parallel or nearly parallel. Lot width: The mean horizontal distance between side tot lines measured perpendicular to the lot depth. ~~ii Mobile home: A factory-fabricated dwelling unit, designed to be transported on highways and assembled complete with household appliances at the point of fabrication. Mobile home park: A tract of land, developed and operated as a unit, with lots, roads, utilities, recreational areas and facili- ties, to accommodate mobile homes on an extended rental basis . Motel: A hotel designed for automotive transients. and providing parking space for each guest in close proximity to bedroom or suite. ~~~~ Non-conforming building:..See Building, Nar~•conforming. Non-conforming use: See Use, Non-conforming. ..0.. (NONE) ..P.. Parking space: An off street hard surfaced area at least eight and .one half feet wide and twenty feet long with easy access to such street for the parking of one automobile. Planned unit development: An orderly grouping of-buildings., landscaping, open space, and recreational facilities so planned as to provide a coordinated, designed environment. Professional office: A building in which services are offered for profit by doctors, dentists, lawyers, architects, engineers, accountants, or practitioners of similar professions. Principal use: See use, principal, Pale 12 ..Q.. (NONE) nRn Rooming house: See boarding house. ..S .. Sign area: See "Area, sign." Street: A lawfully dedicated or recorded public way, permanently open to public use, which affords primary access to abutting property. The term includes "avenue " "road." "drive " "boulevard " and "highway." It does not include "alley," "freeway," or "limited access highway." Structure: Anything constructed or erected with a fixed location on the ground, or attached to something having..a fixed location on the ground. Among other things, structures include buildings, mobile homes, walls, fences, billboards, and poster panels. n~,n Trailer: (1) A vehicle designed for short term living with self-contained water, electrical, and sanitary facilities and small enough to be towed by a standard .automobile. (The term is frequently misused to denote a mobile home) (2) A vehicle designed to transport animals or property of any kind when towed by an automobile or truck. Trailer park: A tract of land with easy. access to highways developed as a unit with Iots, roads, and utilities to accommodate traveling trailers, campers, and similar. vehicles on a short term rental basis. The term includes "trailer court." nU n Use: A classification of purpose to which land may be put or for which a building is designed. Use, accessory: A minor use, incidental to the principal use of a lot or building. Use, conditional: An exceptional use of land authorized by the Council subject to special conditions of use laid down by the Council. Use, nonconforming: A use of land or building which was being lawfully con- . ducted prior to adoption of this Code. (or applicable amendments thereto) but which does not conform to present regulations of the Code in respect to uses now permitted. Use, principal:. The primary use of a lot of which there is only one per lot. ' ~ Page 13 nVn Variance: A minor exception to regulations of the Code requested by a ~' property owner and granted:by:the Board of Adjustment to re- lieve a hardship or inequity. which would have been caused by literal application of the regulations. I~1rr ..W.. (NONE) nXn (NONE) nY n Yard: Open space on a lot which surrounds the principal building and is subdivided into front, rear, and side yards whose minimum widths are regulated to prevent over crowding of the land. Yard, front: That part of the yard which °lies between the front lot line, the side lot^ and the front line of the principal building. ~O~ ~ Yard, rear: That part of the yard which lies between the rear lot line, the side lot lines, and the rear line of the principal ..building. ~rrr Yard, side: That part of the yard which .lies between aside lot line, the rear ~! line of the front yard, the side line of the principal building, and the front line of the rear yard. There are two such side yards. nZn Zone: One of the classifications of permitted use into which the land area of the city is divided, such as multiple residence high- ` density, or business. Zoning district: Apart of a zone, shown. on the zoning map, with specific boundaries and designation of its zoning classification. Zoning map: The official map which illustrates and delineates boundaries of the various zoning districts. Irr ' Page 14 Single Family-nigh Density-Classificati©r~-"RS-7,500" Declaration of Purpose. The purpose of the "RS -7,500" classification is to provide for and protect certain areas which have a community water supply and where a community sewage d~aposal°systemis either: (1) already provided through public sewers, or (2) to be provided within a determinable-time through public sewers, and can be provided on a temporarq basis satisfactory to health authorities; for urbanized single .family:. use in accordance with contemporary environmental standards. Uses Permitted Outright: 1. Single family dwelling. 2. Home occupation. 3. Building.: accessory to principal buiading, such as garage, carport, greenhouse, workshop, shed. 4. Boarding of not more than two persons. on a permanent basis. 5. Duplex dwelling on lot with area of not less than 11,250 square feet. 6. Planned residential unit developments in accordance with terms of section "Planned Unit Developments." 7. Extraordinary uses in accordance with terms of section "Extra- ordinary Uses." 8. Mobile home on an individual lot;_provided that it meets the standards of the Building Code,. is placed on a permanent foundation, and is entered on the tax rolls of Kitsap County as real property. 9. Swimming-and wading pools for private use, provided they are enclosed with a fence of sufficient height and strength to keep out children. 10. Signs in accordance with terms of section, "Heights, Yards, Areas, open Spaces and. Signs." Uses Permitted With Approval of a Conditional. Use Permit. 1. Conversion of existing large, old, home to duplex or multiple .residence uses only. 2. Private docks, p=iers, and boathouses normal and accessory to water front residences, provided that.: al Covered structures shall. not exceed sixteen feet in height, shall be at least five feet from side lot lines and shall not exceed 1000 square feet in area. b) Uncovered structures (i.e., docks, etc.) shall be at least three feet from side lot lines. Page 15 c) Where owners of contiguous water front property desire to develop joint facilities, side lot setbacks may be eliminated ~, at common side lot property lines. Lot Size. The area of a "7,500" lot shall be not less than 7,500 square feet, except that a lot of record on the date this Code was adopted with an area of less than 7,500 square feet may have placed on it a single family dwelling, provided that requirements of this section for yards are met. In computing the area of a waterfront lot, no tideland area shall be included. Lot Coverage. The building area of all building on a "RS-7,500" lot shall not exceed thirty five percent of the lot area. Yards. 1. Front yards. Each "7,500" lot shall have a front yard with a minimum depth measured from the center line of the abutting street or road as follows: a) For streets, roads, and all thoroughfares, other than state highways: one half the right-of-way width plus ten feet. b) For state and interstate highways: one half the right-of-way width plus thirty feet. c) The City Engineer shall furnish data on right-of-way width on request. 2. Side yards. Each "7,500" lot shall have two side yards, with a width of not less than six feet each. ._. __. 3. Rear yards. Each "7,500" lot shall have a rear yard with a depth of not less than five feet, 4. General. Detailed regulations regarding yards are set forth in section, "Heights, Yards, Areas, Open Spaces, and Signs". These regula- tions cover yards for corner lots, yards on sloping lots, encroach- ments permitted on yards, and other important details. Scrutiny of this section is advised. Hei ,hit of Structures, The height of structures on a "RS-7,500" lot shall not exceed thirty feet, except that, specialized structures specified in section, "Heights, Yards, Areas, ,, Open Spaces, and Signs", may exceed this limit. ' gage 16 Off -Street Parking. There shall be provided not less than. two off-street parking spaces per dwelling unit on each "RS-7,500" lot. ~r Page 17 Single Fami y-Medium.. Density.Classification-RS-10,000 Declaration of Purpose. The purpose of the "RS-10,000" classification is to provide for and protect certain areas which have a community water supply and where a community sewage disposal system is e her.:... (.1) already provided through public sewers, or (2) to be provided within a.determinab e time through public sewers and can be provided on a temporary basis satisfactory to health authorities; for urbanized single family.-use where topography or established custom make. lower density development appropriate. Uses Permitted Outright. 1. Single family dwelling. 2. Home occupation. 3. Building accessory to principal building, such as garage, car- port, greenhouse, workshop, shed. 4. Boarding of not more than two persons. on a permanent basis. 5. Duplex dwelling on lot with area of not less than 15,000 square feet. 6. Planned residential unit development in accordance with terms of section "Planned Unit Developments." 7. Extraordinary uses in accordance with terms of section "Extra- ordinary Uses." 8. Mobile home on an individual lot, provided it meets the standards of the Building Code., is located on a permanent foundation, and is entered on the tax rolls of Kitsap County as real property. 9. Swimming and wading pools for private use, provided they are ea~lased with a fence of sufficient height and strength to keep out children. 10. Signs in accordance with terms of section "Heights, Yards, Area, Open Spaces and Signs." Uses Permitted With Approval of a Conditional Use Permit, 1. Conversion of existing large, old, home. to duplex or multiple residence uses only. 2. Private docks, piers, and boathouses normal and accessory to water front residences, provided. that: a) Covered structures shall not exceed sixteen feet in height, 11rri shall be at least five feet from side lot lines, and shall not exceed one thousand square feet in area; b) Uncovered structures (i.e., docks, etc.) shall be a~ least three feet from side lot lines; Page 18 c) Where owners of contiguous water front property desire to develop joint facilities, side lot line setbacks may be eliminated at common side lot property lines. Lot Size. ~.._--- The area of a "RS-10,000" lot shall be not less than 10,000 square feet exce t that, a lot of record on the date this Code was adopted with an area of less than 10,000 square feet may have placed on it a single family dwelling provided that requirements of this section for yards are met. In computing the area of a waterfront lot, no tideland area shall be included. Lot Coverage, The building area of all buildings on a "RS-10,000" lot shall not exceed thirty five percent of the lot area. err` Yards. 1. Front yards. Each "RS -10,000" lot shall have a front yard with a minimum depth measured from the center line of the abutting street or road, as follows: a) For streets, roads, and all thoroughfares other than State highways; one half of the right-of-way width plus ten feet. b) For State and Interstate highways; one half the right-of-way width plus thirty feet. c) The City Engineer shall furnish data on right-of-way width on request. 2. Side yards. Each "RS-10,000" lot shall have two side yards, one on each side of the principal building, with a width of not less than six feet, each. 3. Rear yards. Each "RS-10,000" lot shall have a rear yard with a depth of not less than five feet, 4. General. Detailed regulations regarding yards are set forth in the section, "Heights, Yards, Areas, Open Spaces, and Signs." These regulations cover yards for corner lots, yards on sloping lots, permitted encroachments into yards, and other important details. Scrutiny of this section is advised. Height of Structures. The height of structures on a "RS-10,000" lot shall not exceed thirty feet, except that specialized structures specified in the section, ' - ~ gage 19 "Heights, Yards, Areas,. Open Spaces.,.: and Signs"_may exceed this limit. '' Off-Street Parking. There shall. be provided not less than two off-street. parking spaces ~ per dwelling unit on each "RS-10,000" lot. .,,~... ' - • • ~ Page 20 Single,.. Family-Low.Density Cla~sificat.ion.-"RS-15,000" Declaration of Purpose. The purpose. of ..the "RS-15,.000" classification i _to .provide for and ,. protect certain outlying areas with large..lots to_permit a_suburban way ire of life combined with the advantages.:..of contesnporary_standards for single family residential living. Such areas need not be served with community water or sewage disposal systems but each lot is subject to health department requirements for water supply and sewage. disposal. Uses Permitted 0atrig~ht. 1. Single family dwelling. 2. Buildings accessory to the principal building, such as garage, carport, greenhouse, workshop, shed. 3. Home occupation.. 4. Boarding of not more than three persons on a permanent basis. 5. Mobile home, provided it meets-.standards of the. Building Code, is located. on _a permanent foundation and is entered on the tax rolls of Kitsap County as real property. 6. Duplex dwelling on lot of not less .than 22,500 square feet in area. 7. Swimming and wading pools for private use provided that they are enclosed with a fence of sufficient height and strength to keep out children. 8. Extraordinary uses in accordance with terms of section "Extra- ordinary Uses." 9. Signs in accordance with terms of. section "Heights, Yards, Areas, Open Spaces, and Signs." Uses Permitted With A~roval of a Conditional Use Permit 1. Private kennels. 2. Gardening and raising of crops with temporary stands for sale of products grown, subject to stipulations.regarding_size, signs, and. duration of use of stands. 3. Private docks, piers, and boathouses normal and accessory to waterfront residences, provided that: a) Covered structures shall not exceed sixteen feet in height, shall be at least five feet from side lot lines and. shall not exceed 1000 square feet in area. b) Uncovered structures (i.e., docks, etc.) shall be at least three feet from. side lot lines. ` ~ Page 21 c) Where owners of contiguous waterfront property desire to develop joint facilities, side lot setbacks may be elim- inated at common side lot property lines. Lot Size. The area of a "RS-15,000" lot shall be not less than 15,000 square feet, except that, a lot of record on the date this Code was adopted with an area of less than 15,000 square feet may have placed on it a single family dwelling, provided that requirements of this section for yards are met. In computing the area of a waterfront lot, no tideland area shall be included. Lot Coverage. The building area of all buildings on a "RS-15,000" lot shall not exceed thirty five percent of the lot area. Xards. 1. Front yards. Each "RS-15,000" lot shall have a front yard with a minimum depth measured from the center line of the abutting street or road, as follows: a) For streets, roads and all thoroughfares, other than State highways: one half of the right-of-way width plus ten feet. b) For State and Interstate highways: one half the right-of-way width plus thirty feet. c) The City Engineer shall furnish data on right-of-way width on request. 2. Side yards-. Each "RS-15,000" lot shall have two side yards, with a width of not less than six feet each. 3. Rear yards. Each "RS-15,000" lot shall have a rear yard with a depth of not less than five feet. 4. General. Detailed regulations regarding yards are set forth in section "Heights, Yards, Areas, Open Spaces, and Signs." The regulations cover yards for corner lots, yards an sloping lots, permitted encroachments into yards, and other important details. Scrutiny of this section is advised. Height of Structures. The height of structures on a "RS-15,000" lot shall not exceed thirty feet, except that, specialized structures specified in section, "Heights, Page 22 Yards, Areas, Open Spaces, and Signs" may exceed such limit. Off-Street Parking. There shall be provided not less than two off-street parking spaces per dwelling unit on each "RS-15,000" lot. ~r Page 23 Multiple Residence-.Law Density Classification-RML~2000 Declaration of Purpose. The purpose of the '~RML-2000" classification is to provide for and protect certain areas of suburban character for the development of low density, multi-family dwellings. Such areas are provided with community water systems and a community sewage disposal system is either; (1) already provided through public sewers, or; (2) to be provided within a determinable time through public sewers, and can be provided on a tem- porary basis, satisfactory to health authorities, pending permanent arrangements . Uses Permitted Outright. 1. Multiple residence building. 2. Building accessory to principal building, such as garages, storage, and laundry facilities, and recreation facilities for tenants. 3. Single family and duplex dwellings, together with their accessory uses, such as garages. 4. Home occupation. 5. Boarding house. 6. Mobile home, provided it meets standards of Building Code, is located on permanent foundation, and is entered on tax rolls of Kitsap County as real property. 7. Mobile home park on tract of not less than eight acres, contain- ing not less than fifty stands, at a density not to exceed six per acre, in accordance with terms of section, "Planned Unit Development." 8. Planned unit developments, in accordance with terms of section, "Planned Unit Developments.'! 9. Extraordinary uses, in accordance with terms of section, "Extra- ordinary Uses." 10. Signs, in accordance with terms of section, "Heights, Yards, Areas, Open Spaces, and Signs." Uses Permitted with Approval of a Conditional Use Permit. Motel which abuts on an arterial or freeway frontage road, with restaurant of capacity to accommodate only motel guests. Lot Size. The area of a RML-2000 lot shall be not less than ?500 square feet, except that, a lot of record on the date of adoption of this Code, with Page 24 an area of less than 7500 square feet may have placed on it a single family dwelling, provided that requirements of this section for yards are met. When used for residential purposes, one dwelling unit may be placed on a lot with an area of 7500 square feet. For additional units, the minimum required area shall be increased at the rate of 2000 square feet for each dwelling unit in excess of one. In computing the area of a waterfront lot, no tideland area shall be included. Lot Coverage. The building area of all buildings on a "RML-2000" lot shall not exceed thirty five percent of the lot area. Yards. Each "RML-2000" lot shall have a front yard with a depth of not less than twenty feet, a rear yard with a depth of not less than twenty feet, and a side yard on each side of the lot with a basic width of not less than five feet, each, which shall be increased at the rate of two feet additional for each story of building height in excess of one. Corner lots shall be deemed to have two front yards and two side yards. More detailed regulations on yards will be found in the section, "Heights, Yards, Areas, Open Spaces, and Signs." Height of Structures. The height of a structure on a "RML-2000" lot shall not exceed thirty feet, except for specialized structures specified in section, "Heights, Yards, Areas, Open Spaces, and Signs." Off-Street Parking. Off-street parking spaces shall be provided, in amounts not less than the following: a) For single family dwellings and mobile homes on individual lots; two spaces per dwelling unit. b) For duplex dwellings and multiple residence buildings; one and one half spaces per dwelling unit. c) For mobile home parks in accordance with "Minimum property stan- dards for mobile home courts," by FHA. d) For boarding houses; one space for each rentable sleeping room. e) For planned residential unit developments: spaces as established in individual cases after investigation and public hearing. Page 25 f) For. motels.;.. one space for each motel unit, adjacent to the unit, --~ ~ and one space for every one hundred and .fifty fee t_ of .gross floor area designed for restaurants, meeting_rooms.and similar places of.assembly. ° __ .,_.~ Ir~1 t __ Page 26 Multiple Residence (medium density classification - RMM-1,200) Declaration of Purpose. The purpose of the "RMM-1200" classification is to provide for and protect certain areas for the development of multi-family dwellings in an urbanized environment of low density which is served by public water and sewage disposal systems. Uses Permitted Outright. 1. Multiple residence building. 2. Building accessory to principal building, such as garages, storage and laundry facilities, for tenants, recreation facilities. 3. Single family and duplex dwellings, together with accessory struc- tures, such as garages, workshops. 4. Home occupation. 5. Boarding house. 6. Mobile home, provided it meets standards of Building Code, is located on permanent foundation, and is entered on tax rolls of Kitsap County as real property. 7. Mobile home park on tract of not less than eight acres, containing not less than fifty mobile home stands, at a density not to exceed six per acre, in accordance with terms of section, "Planned Resi- dential Unit Developments." 8. Planned unit developments, in accordance with terms of section "Planned Unit Developments." 9. Extraordinary uses in accordance with terms of section, "Extra- ordinary Uses." 10. Signs in accordance with terms of Section "Heights, Yards, Areas, Open Spaces, and Signs." Lot Size. The area of a lot in the "RMM-1200" classification shall be not less than 7500 square feet. When used for residential purposes, one dwelling unit may be placed on a lot with an area of 7500 square feet. For additional dwelling units, the minimum required lot area shall be increased at the rate of one thousand two hundred square feet for each dwelling unit in excess of one. In computing the area of a waterfront lot, no tideland area shall be included. Lot Coverage. The building area of all buildings on a lot shall not exceed thirty five percent of the lot area. Page 27 Yards, Each lot shall have a front yard with a depth of not less than twenty feet, a rear yard with a depth of not less than twenty feet, and a side yard on each side of the lot with a basic width not less than five feet which shall be increased at the rate of two feet additional for each story of building height in excess of one. Corner lots shall be deemed to have two front yards and two side yards and sight clearance for such lots shall be provided as set forth in section "Heights, Yards, Areas, Open Spaces, and Signs." Height Limitation. The height of a building shall not exceed fifty feet, except for structures specifically cited in section "Heights, Yards, Areas, Open Spaces, and Signs." Off-Street Parking. Off street parking spaces shall be provided as follows: a) For single family dwellings and mobile homes on individual lots; two spaces per dwelling unit. b) For duplex dwellings and multiple residence buildings; one and one half spaces per dwelling unit. c) For boarding houses; one space per rentable sleeping room. d) For mobile home parks; spaces in accordance with FHA "Minimum property standards for mobile home courts." e) For planned residential unit developments; spaces as established in individual cases after investigation and public hearings. gage' 28 BT3STNES S _: CLASS.TFTCATTON Declaration of. Purpose. The purpose of the Business Classification_.is_to provide for and protect certain areas.in which the community's business may be transacted with reasonable efficiency, convenience, and dispatch and whose develop- ment may be achieved in harmony with surrounding areas. It is evident that formerly clear-cut dis inetions between .the func- tions of neighborhood., community:, and metropolitan business districts have been steadily diminished by our changing ways caf._life s.nd the neighborhood center with a few small. shops serving day-to -day needs of a strictly local pedestrian clientele, is today a concept no less unrealistic than that of the metropolitan business district. as. the.. sophisticated and exclusive locale for department stores, office buildings .and theaters. Consequently,. the general classification is divided into two sub- classifications differentiated, not by the business uses permitted, or size of establishment, but simply by the density of development which will harmonize with the surrounding area.. These,. sub-classifications are designated, Business-Low Density (BL) and. Business Medium Density (BM). Any business use, as set forth below, may be permitted in any busi- ness zoning district. Since a business zone provides few amenities for the raising of.children, the development. of_family.living units is not encouraged. Low density and medium density multiple. dwellings which tend toward minimum size are permitted for those who prefer proximity of work to residential .environment. Uses Permitted Outright. A. Business uses. 1. Retail stores 2. Professional and business offices 3. Establishments offering_psrsonal services,-such as barber and beauty shops, shoe repair, dressmaking and tailoring, clean- ing and pressing, coin operated. laundry and cleaning. ~~y~C~ q 4. F~tg institutions such as banks, savings. and. loan. 5. Hotels, motels, apartment hotels. Page 29 6. Restaurants, taverns, cocktail lounges. 7. Printing and publishing establishments. 8. Private clubs and fraternal societies. 9. Entertainment and recreation facilities such as theaters, gymnasiums, bowling lanes, skating rinks, swimming pools. 10. Mortuaries, 11. Animal hospitals and clinics. 12. Business, trade, art, music school. 13. Laboratories for research and testing, 14. Signs in accordance with terms of section, "Heights, Yards, Areas, Open Spaces, and Signs." 15. Extraordinary uses as set forth in section "Extraordinary Uses." 16. Non-residential planned unit developments in accordance with terms of section "Planned Unit Developments." 17. Other uses determined to be similar to and compatible with the above uses. B. Residential uses. 1. Any existing residential buildings. 2. In BL Districts, low density multiple dwellings (RML-2000). 3. In BM Districts, medium density multiple dwellings (RMM-1200). 4. Planned residential unit developments in harmony with the criteria set forth in paragraphs A2, A3 and A4 above and with terms of section, "Planned Unit Developments." Limitations on Uses. 1. All uses shall be conducted wholly within enclosed buildings except: (a) Drive-in restaurants, for which all business shall be con ducted off street and on premises. (b) Parking lots and parking and loading areas. (c) Growing stock in connection with horticultural nurseries. (d) putdoor advertising billboards. 2. Storage shall be limited to accessory storage of commodities sold at retail on the premises. 3. Use of cleaning agents shall be limited to nonflammable and non, explosive fluids with a flash point above one. hundred and thirty eight and five-tenths degrees Fahrenheit in a closed safety clean ing system: t Page 30 4. All structures to house.animals in animal hospitals and clinics shall be sound-proofed;. animal runs shall be surfaced with impervious material; there shall be no burning of. refuse. or dead animals: 5. Operations of a permitted use shall.. not be objectionable beyond the property boundary lines by reason of.noise, odor, fumes, gases, smoke, steam, vibration, glare or other causes: 6. Where permitted use has a common property line with property which is presently used for residential purposes, regardless of zoning classification, or where a permitted use has a common property line with property zoned for residential use, a greenbelt, as dc~ined in section, 'Definitions" shall be established and maintained along the common property line; except that, where a building wall exists on, the common property line; no greenbelt shall be required. ~ul.k Regulations . ' 1. In low density districts (BL); the floor area ratio for. business building shall not exceed. one. For residential uses, the re- quirements for lot size, yards,.build.ing.height.and coverage pertaining. to multiple. residences,. low density (RML 2000) shall apply. 2. In medium. density districts (BM): the floor area ratio for business buildings shall not exceed three. For residential uses, the requirements for lot size, yards, building height and coverage. pertaining to multiple residences, medium density (RMM-1200) shall apply. Loading. Areas and Off Street_Parking: 1. Loading Areas. All business uses dependent on regular truck delivery of merch- andise or supplies shall provide permanent, off-street spaces for this purpose. It is recognized that hotels, restaurants, office buildings and similar uses have lesser requirements than retail stores. Consequently, two standards are established as follows: a) For retail stores and sim filar uses, Aggregate Gross Floor Area in Square Feet up to 10,000 10,000-16.,000, inclusive 16,001-40,000, inclusive for each 35,000 Minimum Number of Loading spaces 0 1 2 1 additional b) For hotels, restaurants, office buildings and similar uses. Aggregate Gross Floor Minimum Number of Area.. in Square. Feet Loading spaces up to 40,000 p 40,000-80,000 1 for each 1250,000 1 additional A loading space shall be not less in size than forty feet long and twelve feet wide and fourteen feet six inches high. It shall be located adjacent to the. building it serves so that trucks will not project into public right of way nor interfere with parking areas. 2. Off -street parking. Page 31 Permanent off-street parking space.deueloped.in.accordance with conditions set forth in section, "Off.-Street Parking" shall be provided as follows: Minimum Number of Proposed Use Parking Spaces a) Existing residences 1 per dwelling unit ~ b) Multiple. dwellings 1 per dwelling unit c) Retail stores 1 per 200 square feet ~ of gross floor area d) Professional and business 1 per 400 square feet offices o.f gross floor. area e) Establishments offering 1 per 200 square feet personal services of gross floor area f) Banks, etc. 1 per 200 square feet of gross floor area g) Hotels, apartment hotels, 1 for each bedroom or motels motel unit h) Restaurants, etc. 1 per 200 square feet of gross floor area ). Printing and publishing. l per 400 square feet ,j) Private clubs, etc. of gross floor area 1 per 200 square feet of grow.floor area k) Theaters, bowling. lanes 1 for each 3 seats, gyms,. rinks, pools for each lane, 1 per 80 square feet of gross building .area 1) Mortuary 1 per 40 square feet of gross floor area m) Animal hospitals 1 per 200 square feet of gross floor area r~i n) Business school, etc. 1 per 50 students plus 1 per employee, (incl. faculty) o) Laboratories 1 per 800 square feet of gross floor area p) Drive-in Restaurants 1 per every ~.f eet of buildir~ perimeter The above requirements are subject to modification by the Planning Commission for businesses to be located on Vdinslow _.___, Way between Madison and Erickson Avenue. __.. Page 32 Mercantile, ClasSftatinn.- "MERC" Declaration_of Purpose. The purpose of the MERC classification is..to provide for and protect certain areas for. the development of commer.ciaL,_business, and selected industrial enterprises which are..~omp atible.,~_largely.deVOid.of nuisance factors, hazards, or exceptional demands. upon public facilities or ser- vices, and which require no special site conditions. Technological advances in products., sales., distribution., assembling, manufacture, processing, and fabrication,. have. tended.. to erase the once sharp distinctions between business, commercial, and certain industrial uses. Today, automobile sales rooms,_war.ehouses<, and sheet metal shops can exist in proximity and harmony and the mercantile classification is designed to shelter them at the same time as it excludes those uses which are incompatible, or those which create nuisance hazards, or heavy de- wands on public facilities or services. Uses Permitted Outright. ~~ The list of uses which should be allowed in this classification is so extensive that it would be impossible to itemize without omitting some use of eligibility equal. to those listed.. .Moreover, operative methods change so rapidly that any .list of uses permitted would become obsolete in short order. Consequently, the uses permitted outright shall be, in the broadest terms: 1. Any use commonly accepted as "business." 2. Any use commonly accepted as "commercial." 3. Any use commonly accepted as "industrial" with the exception of those uses expressly prohibited and those for which a Conditional Use Permit is required, as set forth below. 4. Signs. and billboards. r: g 5. Hotel, motel, bar, taverN~restaurant. i~ 6. Extraordinary uses in accordance with terms.. of section "Extra- ordinary Uses." Page 33 Uses Prohibited. '' 1. Single family dwelling. 2. Duplex dwelling. 3. Multi-family dwelling. 4. Mobile home. 5. Industrial use incapable of compliance with performance standards. Limitations on Uses. The developer of any lot having a common property line with a lot in any residential zone shall erect and maintain along such common property line, a greenbelt as defined in section, "Definitions." Bulk Regulations. Each lot shall have a front yard with a depth of not less than thirty feet. The gross building area of all buildings on a lot shall not exceed three times the area of the lot, and the height of buildings shall not exceed fifty feet. Loading Areas and Off-Street Parking. 1. Loading areas. 2. All uses shall provide permanent, off-street parking spaces for loading and unloading of trucks. Hotels, restaurants, office buildings and similar uses have less requirements than other business, commercial, and industrial uses. Consequently, two standards are established as follows: a) For hotels, restaurants, office buildings and similar uses. Aggregate Gross Floor Minimum Number of Area in Square Feet Loading Spaces Up to 40,000 0 40,000-80,000 1 For each additional 120,000 1 additional b) For other business, commercial, and industrial uses. Aggregate Gross Floor Area in Square Feet Up to 10,000 10,000-16,000, inclusive 16,001-40,0.00, inclusive For each 35,000 additional Minimum Number of Loading Spaces 0 1 2 1 additional A loading space shall be not less in size than forty feet long, twelve feet wide and fourteen feet six inches high. It shall be located adjacent to the building it serves so that trucks will not project into public right-of-way nor interfere with parking areas. 5 Page , 34 , 2. Off-street Parking. Permanent off-street parking space developed in ..accordance with conditions set forth in section "Off-Street Parking " shall be provided, as follows: for typical uses; Proposed Use Minimum Number of Parking Spaces a) Retail stores, banks, 1 per 200 squasre feet restaurants., bars, etc. of gross floor area b) Professional office buildings 1 per 400 square feet of gross floor area c) Hotels, motels 1 for each bedroom or motel unit d) Auto, wholesale furniture, 1 per 2,000 square feet machinery sales of gross floor area e) Manufacturing, laboratories, 1 per 1,000 square feet bakeries, bottling, creameries, etc. of gross. floor area f) Warehouses, storage freight 1 per 2,000 square feet terminals of gross floor area Off -street parking requirements for uses not mentioned. above shall be .determined by the ~ in relation to the above cited use most closely resembling. Performance Standards. ~J i I(~ ~ ~~Gr~ ~ ; o~ .,L_ - to `~n rprises desiring to b Cate and operate in the r^~k ~-~ ~o/la ~ ~ ~~ Mercanti le zone awe ~~lef~~-~~-~o conform to ra~se~rek~~e standards of performance in respect to control of noise, air pollution, and vibra- tion~ +~s-~e~as: 1. Noise. The following table sets forth maximum acceptable sound pressure level~of noise Frequency Band In Sound Pressure Level in Cycles/Second DB RE 0.0002 Microbar Below 75 72 75-150 59 150-300 52 300-600 46 600-1200 42 1200-2400 39 2400-4800 34 Above 4800 32 T_~--i o e~re•etaa *_?:~=~ound pressure level of noise radiated from Srn~// ~ Ofi any enterprise located in a Mercantile zone.--"~-~.~ exceed the above decibel values in any residential district between the hours of eight P.M. and seven A.M. and not more than ten per cent of the time between seven A.M. and eight P.M. ~'ag~ 35 2. Smoke. ~// I t~smoke ~-1 not be emitted from any source in a Mercantile zone in greater density of grey than that des- cribed as no. 1 on the Ringlemann Chart, except that visible grey~smoke~,of a shade not darker.. than .that. described as no. 2 on the Ringlemann Chart, may be emitted for not more than four minutes. in any thirty minutes. These provisions applicable to visible grey smoke also apply to visible smoke o £ a different color but with an equivalent apparent opacity. 3. Dust, dirt. 'must, dirt, fly ash or other airborn solids ~~ not be emitted from any source in a Mercantile zone in greater density than that described as no. 1 on the Ringlemann Chart . 4. Vibration. l.*~~~TPr$Pa rt,^r~ibration from any. machine,. operation or spa/( process in a Mercantile zone ~~ not exceed 0.003 of one inch Imr displacement applied to the frequency range. of zero to five thousand cycles per second, as measured at any point off the lot on which such machine, operation,. or process is located. 5. Glare and heat. ,,~~++ ' I~--zs px*+P^*~~ *~^t~ustomary operation or proce s in a Mercan- ~~ the zone which causes offensive glare.. or heat wf-i-1 be conducted in a completely enclosed building, and that any such operation or process. of an unusual or sporadic nature will be so conducted as to be invisible beyond the lot on which it is located. 6. Odors. t ~dors from gases or other odorous matter w~l not be in such quantities as to be unreasonably offensive ~ beyond the lot on which they are generated. 7. Toxic gases. i SI~~C~ It l r.LpxrTPl•rP~ that toxic gases or matter ;ai~.*1. not be emitted in quantities damaging. to health, animals, vegetation, or which Wage 36 __. can cause any aKe~e~.lRSe soiling beyond the lot on which they are generated. In order to obtain a Building Permit,_the developer of a proposed S~aII .~ mercantile enterprise required. to present satisfactory.evidence that .the proposed enterprise can meet the above performance standards. Page 37 PLANNED UNIT DEVELOPMENTS Declaration of Purpose. The purpose of the Planned Unit Development Section is to produce well-designed, completely integrated projects, more flexible than those developed on a lot-by-lot basis and compatible with the City's semi-rural character. Planned Unit Developments or PUD~s may consist, primarily, of resi- dential dwellings and supporting facilities, or they may be in the form of mercantile parks comprising research and development activities, non- profit foundations, laboratories, design studios, manufacture of small electronic or plastic products and similar enterprises. To encourage such PUD~s, the residential proponent will be offered a substantial bonus in the number of dwelling units which he might otherwise place on his land, provided he meets certain exacting standards set forth below. The non-residential developer who is prepared to do a superior job of design, construction, and maintenance, will have the opportunity to locate in an environment of great beauty which should attract and hold good employes and which is probably not available elsewhere in the metro- politan area. Control of Land. The proponent of a PUD shall present evidence satisfactory to the Commission that he has title to, or control of, all land in the proposed development to insure that it will be prosecuted as one integrated project. Submission of Plans. The proponent shall submit to the Commission preliminary plans, sketches, reports and other data to illustrate fully his intent. Such data shall include, but not be limited to, a site plan at scale of not less than one ¢YQ ~i c~ inch equals one hundred feet, showing building location,/~circulation, ,j)Gr}-f/~~~ I V Y utilities, and proposed landscaping; floor plans and elevations of buildings at a scale of not less than one eighth inch equals one foot; and any other Page 38 material deemed by the Commission. to be necessary f r an adequate i,~~~ design review. The work shall.. be done by a professionals. If the design of a proposed PUD is manifestly inferior to that of similar developments in the metropolitan ar.ea_the Commission i ° may require it to be redesigned. The. Commission may require mod- ification of the proposed PUD in the event it contains features deemed to be incompatible with its surroundings. Residential Planned Unit Developments. 1. General. A residential PUD may be located in the "RS-7500","RS-10,000" "RS-15,000", "RML-2000", and "RMM-1200" zones and it may con- sist of a single type or a variety of types of housing; it may have individual building lots or a common site.. It shall have substantial open space and recreation areas and a Homes Association of residents to maintain such open spaces and recreation areas. There is no minimum. required lot size, nor maximum lot coverage but building height shall be the same as that permitted in the "RMM-1200" zone, fifty feet. Buildings shall be set back from lot lines not less than the distance required for. front yards in the zone of location. 2. Number of dwelling units permitted. The number of dwelling units permitted shall be related to the Net Development Area (i.e., the total site area less the aggregate area of any schools, community .buildings, shopping facilities in the project). The number shall not exceed; In "RS-7500" zones; 5.88 Dwelling Units per acre In "RS-10,000" zones; 4.36 Dwelling Units per acre. In "RS-15,000" zones; 2.90 Dwelling Units per acre. In "RML-2000" zones; 18.03 Dwelling Units per acre. In "RMM-1200" zones; 30.3 Dwelling.Units_per acre. Under the above regulation the developer obtains an increase in number of dwelling units over conventional development of between Page 39 twenty and thirty per cent depending. on ..the amount of land which might_be required for roads. 3. Open Space and Recreational Area. . Not less than twenty per cent of the total land area shall be left in open space suitable for recreation. Land on slopes in excess of twenty per cent grade shall not be considered as part of re- quired open space. 4. Access and Private Roads. Every structure containing dwelling units shall have access to a public street directly or via a court, walkway, or other area dedicated to public use or owned and maintained by a Homes Association but need not front on a public road.. Private roads and driveways not intended for use as public thoroughfares may have rights-of~aay less than the City minimum subject to approval by the City Engineer. 5. Other Uses Permitted. One acre of land for every three hundred dwelling units may be developed for retail convenience goods business use, provided that no PUD providing less than. one hundred dwelling units shall have this option, and provided. that. no business use shall be developed until the PUD it is to serve is at least fifty per cent constructed. 6. Maintenance of Open Space and Facilities. The proponent of a PUD shall sub~it, for approval of the City Attorney covenants, deeds, and Homes Association by-laws and any other necessary documents guaranteeing construction and maintenance of public open space, coimnunity facilities, private roads and drives and all other commonly owned property. 7. Homes. Association. A Homes Association in accordance with requirements and pro- cedures outlined by the Federal Housing Administration in its Land Bulletin, "Planned Unit Development with a Homes Association," Page 40 shall be required unless other arrangements satis.fac.tory to the Commission and the City Attorney have been made. to insure the improvement, maintenance, and operation of all common facilities. Non-Residential Planned Unit Development. 1, General. A non-residential PUD may be located in the "RML-2000", "RMM-1200", and "BL" zones and it may consist of one or more buildings on a common site, It shall have substantial open space and landscaping.;..building height shall not exceed fifty feet and building.. coverage shall not exceed thirty five per cent of the total area of the property. 2. Performance Standards. The proponent shall present evidence satisfactory to the Commission that the operation of the PUD will not exceed noise, pollution., or vibration levels measurable at property lines. 3. Screening and Setbacks. Where a PUD. abuts residential property, there shall be erected and maintained along the. common property line a greenbelt as defined in Section."Definitions". No structure shall be erected closer than fifty feet from a street right- of-way nor twenty feet from any other property line. 4. Signs. Signs for identification only, neither flashing nor mobile, which are discreet and unobtrusive may be installed at loc- ations and in sizes authorized by the Commission. 5. Storage. Storage. of materials or products shall be within enclosed buildings or in exterior areas completely screened .from view beyond property lines. ` Page 41 E%TRAORDINARY USES Declaration of Purpose. The purpose of_this.classification_is to provide for proper and equitable location and environment for extraordinary land uses and to establish conditions for their development which. will foster compati- bility with the surrounding community. An extraordinary use is one with such uncommon characteristics that its impact on a.community.necessarily affects the public. health, safety, morals., or welfare. Among such uses are those which may; 1. Generate heavy traffic of either a continuous or peaking nature; 2. Require a great land area; 3. Produce excessive noise, offensive odors., air or water pollution; 4. Create untimely commotion; 5. Require special sites for public convenience and necessity; 6. Otherwise disrupt convenience and enjoyment of the environment. Extraordinary uses may be acceptable in any zone but determination of acceptable locations within the zone, and not infrequently, the condi- tions of usage can only be made on an individual basis in order to achieve and maintain reasonable compatibility with other land uses in the surrounding area. Extraordinary Uses Specified. Extraordinary uses shall.. include. the following. and those subsequently determined by the Commission to be of like character; A. Public and quasi-public extraordinary uses; 1. Schools; of elementary, junior-high, or high, grade and whether of public, private or parochial type. 2. Chur,ehes; including accessoryfacilities_such as Sunday Schools, parish halls, recreation. rooms, meeting rooms, housing. 3. Institutions of higher education, whether public, private or denominational. 4. Parks and playgrounds. 5. Airports and airplane landing .fields. 6. Police and fire stations, libraries, museums, public work shops, and similar public institutions. 7. Correctional institutions. Page 42, 8. Hospitals,. sanitariums,. nursing. homes. and.. similar instit- utions. 9. Structures for water storage, transmission, and distribu- tion systems. 10. Structures for sewage disposal..transmission and treatment systems. 11. Structures for transmission, and distribution of electric energy. 12. Structures for transmission and distribution of natural gas. 13. Structures required for telephone service. 14. Sanitary land fills, garbage dumps, and transfer stations. 15. Commercial parking lots and structures. B. Private extraordinary uses. 1. Cemeteries, including columbariums, mausoleums, crematoriums, and other accessory facilities. 2. Television and FM (Frequency modulation) radio transmission structures and facilities. 3. Recreational facilities such as community clubs, country clubs, golf courses, yacht clubs, swimming. pools available k to the public. f ~ 4. Establishments for multitudinous. public entertainment, such as amusement parks, ball parks., drive-in motion picture theatres, dance halls. 5. Dredging.. or filling of water courses. 6. Commercial lots and structures. Extraordinary Use Permit. An extraordinary use may be permitted in any zone after approval by the Commission and issuance of an Extraordinary Use Permit. No such Permit shall be issued until the Commission has held a public meeting on the case with public notice to affected property owners and the general public in the manner provided for Public Hearings on Amendments to this Code . Criteria For Evaluation of Extraordinary Use Permit Application. An Extraordinary Use Permit application shall be judged on: 1. Conformity to the Comprehensive Plan.. in respect. to land use, circulation, and community facilities. 2. Automobile traffic and its effect on the surrounding community. gage 43 3. Access to, and egress from, the. premises. 4. Off-street.parking., .proposed .and.. needed,.. S. Noisy which may. be generated and measures proposed for allevi- ation. ~ 6. Odors which ma be created and measures y proposed for relief. 7. Intrusion on .privacy. 8. Design of .structures to avert blight. Reasonable requirements may be stipulated covering applicable regulations such as front, side, and rear yards; greenbelts;. building coverage and height; in order to further compatibility and promote the general wel- fare. The applicant for an Extraordinary Use Permit shall furnish, in support, such maps,. plot plans, building plans and written explanations S'~J c~ as may be reasonably required to clarify intent a)nd, Io-n approval, gr as the JGl SiS ' O'1 w'f1 iG n -~^~i ~j~ ~~ivi. ~~iG`~a, ~ ~~~ ~ ')`~~~~ Co~-~coYW~rrc.. O~ -~-~ CcG-~~a . Heights, Yards,.Open,Spaces~_and Signs ~~'age ~ 44 Height of Structure. A penthouse or roof structure for the housing of.elevators, stairways, .tanks, ventilating fans, or similar equipment required to operate and 111 maintain a building; fire. or parapet walls,. skylights, towers, flagpoles, chimneys, smokestacks,__church steeples, radio.. and TV structures, utility lines and poles, .and similar structures may be erected above the height limits of this Code, provided that no penthouse or roof structure or any other space above the height limit. permitted for the zone in which the structure is located shall be allowed for the purpose of providing add- itional floor space for general use. Yard and Open_Space. Every required yard.. and open space shall be open.. and unobstructed from the ground up, except for plants, shrubs., trees, fireplace struc- tuees, uncovered porches and platforms at first floor level. No yard or open space in a residential zone shall be used for the storage of itiw unserviceable. vehicles,. household . appliances, furniture, or similar unsightly litter unless they are screened .from view from the public right of way and neighboring progerty. No yard or.open space provided around any .building for the purpose of complying. with this Code shall be con- sidered as providing a yard or open space for any other building and no yard or open space on any lot shall be considered as providing a yard or open space for an adjoining.. lot whereon a building is to be erected. Where two buildings, by definition of this Code can be construed to be principal buildings then the front yard requirements shall apply only to the building closest to the front lot line. Front Yard on Steep Slope. On a lot where. the natural slope, as measured from. the front lot line along the center line of the lot for a distance of sixty feet exceeds thirty five percent, then the depth. of the required. front yard may be reduced. one foot for. each one per cent of slope exceeding thirty five per cent. ,gage 45 'Yards for Property Abutting_;a HaT.f_.Stxeet.or Street Designated by_Official.Control. A structure shall not be erected on a lot abutting a street which has only a portion of i.ts required width dedicated (and where no part of such dedication would normally revert to said_lot if the street were vacated) unless the yards provided for such structure have a width or depth of that portion of the lot needed to complete the road width plus the width or depth of the yards required on the lot by this Code. Where an official control adopted pursuant to law includes plans for the widening of existing streets,. the connecting of_.existing streets, or the establishment of new streets, the placement of structures, and the provision of yards, shall be related to future street boundaries as determined by said official control. -Sight Clearance. All corner lots subject to yard requirements shall maintain, for safety purposes, a triangular area in which no physical obstruction, such as structure, fence, tree or shrub higher than forty two inches above grade stall be permitted. Sueh triangular. area shall. have one angle formed by the front lot line and the side tot line separating the lot from the side street, the length of which lot line sides of the triangle shall be fifteen feet. The third side of the triangle shall be a line connecting the. two lot lines at the fifteen foot point on each. Substandard Lots, When a lot has less than the minimum required. area for the zone in which it is located and the lot was of record as a legal building site prior to the approval of this Code, there may be one dwelling unit located on such lot, provided yard requirements for the zone are met, and provided the lot is not located in a zone prohibiting dwelling units. ~ Two or more substandard lots or fractions of lots_may be consolidated into a single building .site and one. dwelling unit may be located on such lot or as many dwelling units as the. consolidated lot area. would permit for the zone in which it is located. gage ~+6 Signs• All signs shall be subject to the following minimum requirements. Special requirements .for specific zones. set .forth in the sections per- twining to such zones are supplementary and i.n_addition to the following: l.) Every sign shall be subject to the height limitations of the zone in which it is located. 2.) One unlighted identifying name plate not exceeding two square feet in area shall. be permitted on. any lot. 3.) One unlighted temporary sign advertising sale_or lease of the property not exceeding eight square feet in area may be erected on any lot and shall be removed when the property is sold or leased. 4.) Two temporary signs advertising initial sale of property within a real estate. subdivision no t. to exceed fifty square feet in area per face or one sign not to exceed. one. hundred and fifty square. feet per face may be erected in such subdivision subject to conditions below. Temporary unlighted directional signs for new subdivisions, for identification and directional in- formation only, may be erected off the premises of the subdivi- sion; provided that, the area of each sign.. may. not exceed thirty two square feet per face; the signs shall. not be located more than five hundred feet from_the junction of major or secondary arterials, expressways or.freeway interchanges and. no two signs for the same subdivision shall be located less than five hundred from each other on the same street. Such signs advertising subdivisions.. shall. not be erected without a building. permit and said permit shall be attached to the sign and shall bear the date of issuance and the proposed date of removal. Upon presentation of evidence. satisfactory to the Official, the .permit for such signs may be extended. 5.) No signs with flashing, blinking, or variable intensity lighting shall be permitted. 6.) In a multiple residence zone, each. residential building and permitted business use may have an identifying sign, lighted or not, with an area not to exceed twelve square feet. 7.) In a Low Density Business zone, each enterprise may have one or more signs, identifying and advertising products sold on the premises; p:'mvided that, the aggregate area. of all lighted signs shall not exceed one hundred square. feet and that the aggregate area of signs flush to a building and unlighted shall not exceed two hundred square feet. 8.) In a Medium Density Business zone, each enterprise may have the signs permitted in the low density business zone. Billboards may be erected, provided that they are at least fifty feet from any residential zone and one hundred feet from any park or playground. 9.) In the Mercantile zone, there shall be no limitations on the size or number of signs. 10 .) Signs within five hundred feet and visible from any point on freeways, expressways, parkways, and scenic routes shall be limited to business signs. on premises, not to exceed the fol- lowing sizes; ._ -~ gage 47 Distance_of sign Sign on a Free standing 'from tranelTed'way building Si gn From 0 to 50 ft: T00 s~: 'ft: 50 s . ft c ' S0 to T50 ft. 200 sq: ft. r T00 s ~ q, ft. T50 to '300 ft: 400 sq ft. 200~s q, ft. '300 to'S00 ft: 600 sq: ft: 300.. s _ q. ft, - f; Fage 48, Off-Street Parking Every building hereafter. erected shall.. be ..provided .with off-street parking spaces in .amounts set. forth in those ,sections relating to use .classifications and. in the manner set forth below... Such parking spaces shall be made permanently .available and be permanently maintained for parking purposes, and, ..except for parking areas _used_occasionally for playgrounds in connection with schools, shall_be_used only for the parking of automobiles and trucks.. Parking.space..requi.rements for uses not mentioned by this Code shall be determined b:y the Official who shall be .guided by those requixements for uses most.nearly.comparable. General Requirements on Size and Location. (1.) Size: An. off-street parking. space sha l_ be not less than twenty feet long nor nine feet wide, exclusive of drives and aisles. It shall be provided. with adequate. ingress. and. egress. (2.) .Location: Off=street, parking spaces shall be located as set forth below. Where a distance is specified, it shall be measured from the nearest point.. of the parking to the nearest point of the building to be served by such parking. a.) Facilities serving family dwellings, of .any type shall be located on the same tot as the building or buildings they are to serve. b.) For hospitals, churches and other such institutions in residential zones, facilities shall be located on the same site as the institution. c.) For churches, hospitals, sanitariums, homes for the aged, asylums, orphanages, and boarding houses, other than .those. in subsection b, facilities shall be no more distant than .one hundred and fifty feet, d.) For other uses, facilities shall be no more distant than three hundred feet. e.) No commercial parking facilities shall be located in single or low density multiple family residential zones. f.) In residential zones of any type, no motor vehicle, mobile home, travel. trailer, or boat may be stored in any front yard, unless adequately screened from view from the public right of way. (`nmmnn Fn~i l i ti cc Common facilities for two or more buildings or uses may be provided in lieu of separate facilities when the area of such facilities is not less than the aggregate. o.f_separate.required.areas would have been: ' Page 49 except that, when the required. area. of the common. facility_is five thousand square .feet. or more., .the individual ..requirement for_each user may be reduced by ten per cent. Joint Use of Facilities. A Conditional Use. Permit may be issued. ..for. joint.. use of facilities under the following.. conditions: l.) Up to fifty per cent of facilities requi.red._for a use which normally operates in daytime may be. provided through utilization of facilities provided for a use which normally. operates as night or vice versa. 2.) Up to one hundred per cent of facili ies_xequired_by a church or school for-Sunday or night time may be provided by facili- ties required. by the. school for daytime operations.. 3.) The. buildings or use for which such joint use of facilities is requested are not more than. one hundred and fifty feet distant from the desired facility. 4.) The applicant shall furnish satisfactory evidence that such joint use will not create conflict in overlapping times of use. 5.) A satisfactory written agreement for joint use of a facility signed by both parties shall be a part of the application for a Conditional Use Permit. 6.) For the purpose. of .this section, tygical..uses are as_follows: daytime;. banks, business ©ffiees_, retail.. stores, .repair or ser- vice. shops,.indust.rial buildings: night-time. or Sunday; auditoriums, churches, bowling lanes,_dance halls, theaters, bars, taverns. Improvement of .Parking Areas. A lot used as a_parking area for three .or more vehicles, or for the sale of vehicles,. mobile ..homes,. travel trai]_ers, boats, or farm machinery, shall be developed, improved, a~dmaintained in_the manner set forth in "Off-street Parking.Plansand Specifications",.under the jurisdiction of the City Engineer. Plans. Before a permit may l~e~ .:,sued ta- cans..ruet. a new building or enlarge an existing buLlding,_or if a.parkin.g faeility_.is to_be .jointly used, a plan of the area or facility shall b_e submitted:whieh cl.ea~ly indicates the number and location of spaces to be provided which shall be approved by the Official and size, shape, design.,... r.elationship__to buildings served, curb cuts, lighting.,. landscaping.. and other required features which shall be approved by the City Engineer. Page 50 , Surety Bond. In connectionwith plans above.cited.,_where.parking facilities are __ .not to be located_in the building for which the permit. is requested, the applicant shall furnish to the city Engineer_a surety. bond. or other satisfactory security guaranteeing. the_installation and improvement of ire facilities in accordance with app raved. plans no_.later_than six months after completion of the work for which the permit was issued. Page 51' ENDIRONME~13~@L ~ DES:Tf3AT.: S TANDARDS Declaration of Purpose. The purpose of this section. is to establish. standards of_environ- mental design.. which will preserve the present character of_Winslow to t ~ the greatest extent possible, and which will, in the words of RCW 35.63, "conserve and restore natural beauty and other. natural resources," In the belief that preservation. of the City's natural. beauty is in the immediate public interest and vital to the general welfare, it is the purpose of these standards to so guide the design_of buildings, struc- tares, site improvements, a.nd landscaping in .the City as to enhance, rather than diminish, o.r even .destroy its. enduring_desi,rability as a place to live and work. .~ ~~. Scope. The requirements of the section shall apply to the development of the following: A. All buildings and structures in the following zones; 1. Business,. low density (B L) 2. Business, medium density (BM) 3. .Mercantile (MERC) 4. Multiple family residence, low density (RML) 5. Multiple family res denee,-medium density (RMM) B. All developments comprising. three or_more dwelling units in the following zones; 1. Single .family residence, low density (RS-15,000) 2. Single family residence., medium .density (RS-10,000) 3. Single family residence, high density (RS-7500) Environmental Standards. A. General. The following design standards sha11_be observed by applicants in the preparation of site development plans and.by the Commission in the review of such plans. It is recognized that no two sites are gage 52 identical, that design. standard s. can no.t be as_ precise as (for example) structural requirements..,.and_theref.are these .standards are not to be construed as inflexible. Yet,., the purpose of these standards is clear and the objectives, recognized_by a Statute of the State of Washington, are mandatory. ~r B. Site Improvement. 1. Preservation of landscape. The landscape shall_be preserved in its natural state, insofar as.possible,_by.minimising tree, shrub,.. and soil removal, and any required grade changes shall be in keeping with the. general._appearance.of neighboring dev- eloped areas. 2. Replacement of landscape. Where authorized grading operations require .the removal of existing trees., shrubs, or ground cover, an approximately equivalent environmental.design effect shall be provided through the planting ,o f.._txees,._,shrubs, and ground cover.. The planting on cut and fill slopes., called for in Section 7015 of the Building. Code, shall. be subject to review and approval. by the Commission,; as if it were a provision of this Ordinance. 3. Improvement of landscape. In the development of any property covered in the Scope of these Standards, reasonable.. landscape improvement, "to conserve and restore natural beauty and other natural resources" shall be required, as follows: a.) In residential development, landscape improvement shall be carried out in all open. areas not required for.cireulation or parking and. shall stress lawns or ground cover,. native flowering shrubs and evergreen trees. Flowering, deciduous .trees are con- sidered to be desirable supplements. h.) In business development, landscape improveement shall be carried out in all open areas not required for circulation or parking and shall stress planted areas.; paving. with brick, block, or stone; planter boxes or tubs; and window boxes; with native, flowering shrubs, ground cover., and trees where practical. c.) In commercial .development, landscape improvement shall be rr~ carried out to screen exposed storage._areas,, exposed .machinery installations, service areas, truck loading areas ,. utility buildings and structures, and shall be of such plant materials as will be suitable and practical in such locations. . ~ Wage 53' C. Advertising_,Features. The size, location, design., color, texture, lighting and materials of all permanent signs.and..outdoor..advertising features. or structures shall not detract from the environmental design of the proposed deve- lopment nor of the surrounding developments. D. Parking Lots. Reasonable landscape. improvements to screen and embellish parking lots shall be required, as follows: 1. General. Not less than ten per cent of the area of a parking. lot shall be in landscaping and no. landscaped area shall contain less than 100 square feet. nor be less than five feet wide.. Landscaped areas.. shall be distributed throughout. a parking. lot in such manner that no landscaped area shall be more than forty five feet from the center line of a parking stall... Only those landscaped. areas between two parking stalls or betweena parking stall and a property line shall be counted as part of the required landscaped .area, Landscaping requirements for parking lots shall also apply_to automotive service stations. 2. Landscaping Requirements. Evergreen trees (without low growing branches:,.. gum, blossoms, or pods which might. damage cars or clog drainage) shall constitute the primary lands.eap~g element, Ground cover and flowering native shrubs shall constitute the secondary element. Where a parking lot fronts on a street al®ng a frogtage of n.ot less than seventy feet, street tgees, as appr©ved by the Commission, shall be planted.on approximately forty foot centers. 3. Screening. Where a parking lot abuts a side or rear property line, a sight~bscuring, decorative fence,shall.be_installed within one foot of the property line; exeept,,wher.e.adjoining property slopes upward fora distance of not less than three feet and at Page 54 an angle of not less than .forty five.. degrees,.. such a fence shall not be required.... Such decorative fenceshall be not less than five feet,. nor more than six feet, high., shall be planted with climbing ivy or other evergreen vine, and shall be protected ~ against damage .from automobiles by curbs installed. not closer than two feet from. the fence. 4. Grades. Within a parking lot, the grade of parking_areas_shall not exceed six per cent, although the grade of driveways and aisles between separate .parking areas_may_.be_not more than fourteen per cent. Parking areas on sloping lots shall be so laid out that parked ears lie perpendicular to the slope. Where existing grades on property .proposed for a parking. tot exceed ten per cent the Commission may require a topographic. survey to show existing and.. proposed. grades. PROCEDURE A. Submission of Plans. The proponent of a development .within the.. Scope of these Standards shall submit to the Commission, a plot plan, in three copies,. of the proposed development, proficiently. drawn to scale at one inch equals twenty feet, showing the following: 1. North Point and graphic scale. 2. All adjacent streets, alleys, sidewalks, and curbs. 3. Existing trees over one foot in diameter,. with indication of those to be preserved. in proposed development, 4. Entire ownership of lot or parcel proposed for development. 5. Streams traversing property. 6. Outline of existing and proposed buildings and..structures. 7, Dimensions and height and .total floor. area of .all buildings, existing and proposed. 8. Proposed planting plan showing. location, species, size, indication_of mature height, of trees, shrubs, .ground cover. Page 55, 9. Other lanscaping features. 10. Completely dimensioned. parking.__layouts, clearly showing all parking .spaces. B. Review of Plans. The Commission shall. .review .and; approve.,.. disagpxove, or approve with conditions.,. the.. proposed Plans within two. weeks. of .the date of submission. In those cases where the Commission disapproves, a proposed Plan, it shall set down. its findings and the reasons for disapproval, a copy of which .shall. be sent to the applicant.... Any applicant, aggrieved by an adverse decision_of the Commi.ssion,n-ay appeal the decision to the City Council within thirty days of .the decision. The Council shall handle such matters in the same manner as an appeal from administrative decisions. . Page 56 Variances., Condtional:.USe.Permi.ts z and Appeals The Board of .Adjustment shall have the authority. to grant or deny Variances, Conditional.. Use Permits., and appeals __from.administrative decisions of the Building Official. Applications. The Board of Adjustment may prescribe the form in. which applications are made for a Variance, Conditional. Use. Permit ar_appeal from adminis- trative determination, It may prepare.. and pxovide printed forms for such purpose and may prescribe the type of informat.io.n,to be provided in the application. by the applicant. No application shall_be accepted unless it complies with such requirements.. If signatures of persons other than. the owners of property making the application are offered in support of ar.n apposition_to an appli- cation, they may be received as evidence of notice having ..been served upon them of the pending applica.tion_or as_evidence of their opinion on the pending issue, but they shall in no_ case infringe upon the free exercise of the powers vested in the Board of Adjustment. Hearings For Variances And Conditional Use Permits. Upon the filing of an application for a Variance or a Conditional Use Permit by any property owner, or lessee, the Board of Adjustment shall set a time and place .for a public hearing to consider the application as provided. in their Rules for conducting of Business. Notice thereof shall be given by posting three notices not less. than ten days prior to the hearing date along the strEet or road on which the property abuts. The application shall set forth the grounds and facts deemed necessary to justify the granting. of the_Variance or Conditional Use Permit. If, for any reason, a public .hearing cannot be completed_on the date set for such hearing, the presiding officer. at.such public hearing may, before the adjournment or recess thereof, publicly announce the time and place to, and at which, said hearing will be continued.,.. and no further notice is required. ~~ ~ Page 57 , Variances. The Board of Adjustment may grant to a .property owner or lessee a Variance from regulation of this Code, provided .that said-property owner or lessee has shown to the satisfaction of_the Board. of Adjustment: 1. That there are special circumstances applicable to the property in question or to the. intended. use, such-as shape, topography, location or surroundings-that. do not apply generally to other properties or classes of use in the same vicinity and zones; 2. That such Variance is necessary for_the preservation and enjoyment of a substantial property right or use possessed by other property in the same vicinity and zone but which because of special circumstances is denied to the property in question; 3. That the granting of such Variance will. not be material detrimental to the public welfar<'or injurious to other pro - perty or improvements in such vicinity and zone in which the subject property is located; 4. That the granting of such Variance, will not conflict with the comprehensive plan. The Board of Adjustment shall deny the Variance unless all above cond- itions are found to exist. Conditional Use Permits. The Board of Adjustment may grant or deny .Conditional Use Permits for those uses specifically set forth in this_Code, taking into con- sideration applicable standards, criteria, and policies established by this Code as they pertain to .the proposed use. in the proposed location and may impose conditions precedent to establishing the use which: 1. Increase requirements in the standards, criteria or policies established by this Code. 2. Stipulate the exact location as a means of minimizing; hazards to life, limb, property damage, erosion, land slides, or traffic. 3. Require structural features or equipment essential to serve the same purpose set forth in item (2) above; 4. Impose conditions similar to those. set forth in items (2) and (3) above as deemed necessary to es tab lish parity with uses permitted in the same zone in their freedom from nuisance gen- erating features in matters.. of noise., odoxs,. air pollution, wastes., vibration, traffic., physical haa,.ards,. and similar matters; provided that the Board of Adjustment may. no t, in connection with action on a Conditional Use Permit, reduce the requirements specified by this Code as pertaining to any use; ' ~ ~sge 58 5, Assure that the degree of compatib.ility.made_the..pu.rpose of this Code shall be maintained with.respect.to_.the particular use on the particular. site .and in consideration~of other. existing and potential uses,-within the. general.. area_in which such use is proposed to be located; 6. Recognize and compensate for .variations and.degxee of.technolo- gical processes and .equipment as relsted_.to the factors of noise, smoke.,. dust, fumes, vibration, odors,_and hazard or ~ public need. In the event the Board of Adjustment is convinced that the proposed use cannot be made reasonably compatible with other__exis.ting uses in the general area under. any conditions, it may reject the application. A Conditional Use Permit shall be non-transferrable unless such transfer is specifically approved by the Board of Adjustment. Appeals From Administrative Determinations. The Board of Adjustment may uphold or reject an appeal from any orders, requirement, decision, or determination made by the Building Official in the administration and .enforcement of this Code. An appeal may be made to .the Board of Adjustment by any person aggrieved or by any officer, department, or other agency affected by the aforesaid order, requirement, .decision, or determination if filed in writing within twenty days of the date of: the acti®n being appealed. Upon the filing of such an appeal the Board_of Adjustment shall set the time and place at which the matters will be considered. At least a ten day notice of such time and place, together. with one copy of the written appeal shall be given to the official whose decision is being appealed. At least ten days notice of the time and place. shall also be given to the adverse parties of record in the case. The official whose decision is being appealed shall forthwith transmit. to the Board of Adjustment all the records pertaining to the decision being appealed together with such additional written report. as he deems pertinent. The Board of.Adjustment may, in conformity with this Code, reverse or affirm, wholly or in part, or may modify the order, requirement, de- cision or determination appealed and may take such order, requirement, decision, or determination as should be made and,.. to that end, shall have all the powers of the officer whose decision is appealed, insofar as the decision on the particular issue is concerned. Page 5~ Findings and_Decisions. Within twenty days following .the termination. of a public hearing on a Variance, Conditional.. Use Permit or an appeal .from .an administrative determination, .the Board of Adjustment shall enter i.ts order. In making said order it shall include in a written, non verbatim record of the il~r case, the finding of .fact upon which the decision is based. If such order grants a Variance or a Conditional Use. Permit, it shall.. al so recite the conditions and limitations that are imposed. Not later than seven. days, exclusive of Saturday, Sunday, and Holidays, following the rendering of a_decision ordering that a Variance, Conditional Use Permit, or appeal from an administrative determination be granted or denied, a copy. of the order sha1L be mailed to the appli- cant at the address shown on the application filed with the Board of Adjustment and to the administrativeofficial involved in appeal cases. The order of the Board. of Adjustment on an application for a Vari- ance, Conditional Use Permit or an appeal. from an administrative deter- urination shall be final .and conclusive, unless, within ten days from the date of said action, the original applicant or an adverse party files an appeal. to the Superior Court for a Writ of Certiorari, A E3rit of Prohibition, or a Writ of Mandamus ._ The filing of such appeals within such time limit shall stay the effective date of_the order of the Board of Adjustment until such time as the appeal shall have been adjudicated or withdrawn. In the event an owner or appellant desires a transcript of proceed- ings to be filed in connection with his appeal to the Superior Court, the Board of Adjustment shall cause such transcript. to be prepared and delivered on payment of the cost of preparation by the appellant, at $1.00 per page and.. $S.OO per map or chart. Records. The application, filed pursuant to this Code, the written order announcing a decision, evidence of notice, and other material. ..submitted as evidence in a case shall become a part of the official... records of the Board of Adjustment. Page 60 Notice., Hearings,,:and......Procedures Notice of Hearing. Notice of the time and place of a public hearing on .matters re- lating to this Code shall be given in the following manner: a.) For proposed.. amendments, notice shall be_given by publi- cation. in a newspaper of general circulation in the City not less than ten days before the date of the proposed hearing. b.) For proposed Variances, Conditional Use Permits, and amendments which involve the re-zoning of property, notice shall, in addition, be given by public posting on at least three conspicuous locations in the vicinity of the property involved. Such notice shall be given not less than ten days before the date of the proposed hearing. c.) For. appeals from. administrative decisions., notice shall be given in writing to the appellant, the officer whose decision is being appealed and to any other adverse par- ties of record. Such notice shall be given in time for receivers to be informed not less than. ten days before the date of the proposed hearing. Content of Notice. Notice of a hearing on re-zoning, Variance, or Conditional Use Permit, shall identify the property involved, the nature of the pro- posed change or use, and the time and place of the hearing. Conduct of the Hearing. The Commission or Council, may establish rules governing the conduct of hearings and public meetings conducted by each on matters within their respective jurisdictions. Modifications of_such rules may be made, but no such change shall become. effective. until. thirty days after the change has been adopted. Applications. The Council shall prescribe the form for applications for amend- ments and the Board shall prescribe the form for applications for Var- fiances and Conditional Use Permits... When an application for re-zoning, Variance, or Conditional Use permit, has.. been rejected,,the Commission or Council, as the case may be, shall not be obliged to .hear the same application, or substantially the same application,more often than once each six months. Wage 61. Non-Conforming Coaadit~ions and. Uses. of. Land and Structures Declaration of Pu_pose. The purpose of .this section. is to establish. reasonable regulations for the control and eventual elimination of conditions and..uses of_land and structures which. are non-conforming; i.e.,, which were lawful prior to the adoption of this Code, or applicable amendments there to, but which do not conform to present regulations. o.f .the Code in respect to size of lots, height, area, or yard; dimensions of structures: and per- witted uses. Such non-conformities are incompatible with those lots, structures, and uses which are permitted in .the districts involved and .their continued existence is .tolerated, although not encouraged:; ..provided. that they are not enlarged or extended in any way. Non-Conforming Lots. In any zone permitting single family.. dwellings..,. a single lot of record prior to adoption of this Code or applicable. amendments thereto, may be used for such purpose, although it does not meet the minimum lot size requirement for the zone; provided that yard. dimensions and. other requirements conform to the zone regulations. Such a non-conforming lot shall be in separate ownership and not of continuous frontage with other lots in the same ownership. If two or more lots or combinations of lots and portions of lots with continuous frontage in single ownership are of record prior to adoption of this. Code or applicable amendments thereto, and if all or part of the lots do not meet area requirements for the zone. of their. location, the land involved shall be considered to be an .undivided parcel. and no portion of said parcel shall be sold or used which fails to meet area requirements for lots in the zone, nor shall any division of said.. parcel be. made which leaves a lot with area below requirements of. the zone. Non-Conforming_Use of Land. A non-conforming use of land may be continued, provided that: ~~.ge 62 a.) It is not enlarged,. or increased, or extended.. to occupy a greater area of land than was oceugied..on_the date of adoption of this Code, or applicable amendments thereto. b.) It is not moved in .whole or in part to any other portion of the lot or parcel. c.) If the use ceases for a period of more than ninety days, any subsequent use of the land. shall be conforming. ~rrr Non-Gonformin~.StructuYes. A non-conforming structure may remain and be used, provided that: a.) It is not enlarged or altered so as to increase its non- conformity. b.) If damaged to an extent exceeding fifty per cent of replace- ment cost,. it is reconstructed only in accordance with regulations. of this Code for the zone of its location; c.) If moved, it is made to conform_to regulations of this Code for the zone of new location. _._ Non-Conforming. Uses. of Structures. A non-conforming use of a structure may be continued, provided that: a.) The .structure is not enlarged,_extended, reconstructed, moved, or structurally altered. b.) It may be changed. to another non-conforming use by The Board of Adjustment if the proposed use is not less appropriate. c.) If it is superseded by a conforming use, the non-conforming use may not thereafter be resumed. d.) If it is discontinued for a period of. six consecutive months or for eighteen months in any three .year period; it may not thereafter be resumed. Repairs 'and Maintenance. Repair and maintenance work on a structure which is non-conforming in either condition or use, shall not exceed ten per cent of the replace- ment value in any period of twelve consecutive months. However, strengthening or restoring to safe condition of~any structure officially declared to be unsafe .shall be exempt from. the above cost limitations. P~.ge 63 The Zoning Code is a legal instrument for implementation of the `~ Comprehensive. Plan. It is recognized that population growth, changes in economic and social customs and patterns and other. factors. will from time to time justify.. changes in.the Comprehensive Plan and, consequently, iMrr in the Zoning Map and text which constitute the Zoning. Code.. It is also recognized that changes in the Zoning.: Code.,... particularly the Zoning Map, may sometimes be made without breach of the Comprehensive Plan. Thus, this Zoning Code may be amended by following. the procedures of this section. Initiation. An application for amendment may be initiated by: a.) Petition. of one or more owners of.property which might be affected by the proposed amendment, which petition shall be filed with the. Commission. b.) Resolution of intention by the Council. c.) Resolution of intention by the Commission. Every application for amendment. shall. be ,reviewed by the Commission to determine its compatibility with the Comprehensive Plan and the Commission shall make written findings thereon to.the Council. If such findings assert the application's Incompatibility_with_the Comprehensive Plan, the Commission shall so inform the applicant who shall further be informed that modification of the Comprehensive P an will be neces- sary before the proposed amendment can be considered. Modifications of the Comprehensive Plan shall be an on-going responsibility of the Commis- sion but it shall not be required that. recommendations for modification be made to the Council more frequently than once. each six months. If the findings assert the application's compatibility with the Comprehensive Plan, the Commission. shall so inform the applicant and the application shall be processed in _accordance with. procedures set ~ forth below. ~~ ~ Page 64 A copy of any proposed amendment.shalL be submitted.. to .the Council not later than fourteen days following the action .by the Commission and shall be accompanied by the motion of ..the Commission .approving .the same, together. with a statement. setting forth.the_factors considered at the 'hearing, and an analysis of the. findngs._consdered by the Commission to be cc~trolling. Actions by Council. Upon receipt of any recommendation of the Commission, the Council shall at its next regular public meeting set the date for a public meeting following which the Council may affirm, modify or disaffirm any decision of the Commission. The decision of the Council shall be rendered within siacty days after the receipt of a report and recommendation from the Comriission. If, after ccraaideratiaa of the matter at a putalic meeting, the Council ___ deems a change in the recommendations of the Commission to be necessary, the change shall not be incorporated in. the recommended control until the Council shall conduct its own public hearing., giving .notice thereof, and it shall adopt its own findings of fact and statement setting forth the factors considered. at the hearing_and its own. analysis of findings considered by it to be controlling. Withdrawing of .Petition. Upon the consent of the Commission any petition for an amendment may be withdrawn upon the written application of a majority of.all the persons who signed such petition. The Council or the Commission. as the case may 6 be, may U~ resoltion abandon any proceedings for.. an amendment initiated by its own resolution or intention, provided that such abandonment may be made only when such proceedings are before such body for consideration, and provided .that. any hearing of which public notice has been give(J shall be held. 1M~C Continuance of_.GTass fication. 1. The continuance of re-zoning classifications shall. be dependent on the fulfillment of all of the established standards. and such special conditions added by the Council or Commission at the time of re-zoning as .are necessary to protect the enjoyment of the use of surrounding property. ' ~ gage 65 With respect to any application for a_change_in ahe.Comprehensive Plan to Multiple Residence, Business, or Industrial uses,_involving_an area of five acres or more, the Commission. may require.. that additional data such as a market analysis of the proposed change_be made_to_assess its compatibility with the Comprehensive Plan.. and it s~.economic_feasibility. The analysis shall be ..made available to the Council to assist them in consideration of the application. Re-zoning of property is granted to .permit development of the property. In those instances where no development_ of a re-zoned property has been started by a date fifteen months from the date of the re-zoning, such re-zoning shall be voided and the property shall revert to its former classification, unless the owner is able__.to present, at a public hearing, evidence satisfactory to the Commission that he is making reasonable progress toward development.Qf the.pro.perty. The Commission shall notify an owner, in writing, of its._intent to void a re-zoning classification, and, if no request for a hearing.. is received. within ten days of such notification, the voiding shall take effect .immediately. Hearings. If an application for amendment.is_accepted for consideration as complying with. the Comprehensive Plan, the Commission shall schedule a public hearing.. At any such public hearing, the Commission may consider additional cases related to zoning. If signatures of persons other than the owners of property making the application are required or offered in support of, or in opposition to, an application, they may be received. as evidence of notice having been served upon. them .of the pending application and/or as evidence of their opinion on the. pending issue, but they shall in no case infringe upon the free exercise of. the powers vested in .the Commission or the Council. Following a hearing before the Commission, the recommendations to the Council of any official.control or amendment_ hereto shall be by the affirmative vote of not less than a majority of the total members of the Wage 66 Commission.. Such approval. shall be by a recorded motion which shall incorporate the findings of fact of the Commissian_and_the reasons for its action. The motion shall refer expressly to the maps ,..descriptive and other matters intended by the Commission to constitute the plan, or amendment,. addition or extension thereto. The indication of approval by the Commission shall. be recorded on the map and descriptive matter by .the signature. of the. Chairman and the Secretary of the Commission. 1. Af ter Commission action regarding a re-zone of property, no further. action involving aubstantial,ly the same re-zoning of said property shall. be requested. to be considered prior to .six months after such action has been taken., provided, that where the Commission believes an emergency__exists it may on its own initiative waive the six month provision. 2. Nothing in this Code shall be construed as validating or legalizing any land use or building or .structure conducted, r constructed, erected or maintained in violation. of any City Ordinance, and. nothing in this Code shall prevent or bar the filing_of a complaint of punishment o£ any act in violation of said Ordinance or any of said zoning Ordinances or bar the bringing of any action to compel the discontinuance of any use or the removal. of any building or structure constructed, erected or maintained in violation of said Ordinance or any of said Zoning Ordinances. ,, Permits, Fees, and Seyerabi hty Page 67 ' "Permits. Any permit or variance granted under this Code shall become null and void unless exercised within one year of the date issued unless such permit or variance specifies an earlier date. Any permit or variance may be revoked on any one or more of the following.. grounds: 1.) Approval. of said permit or variance was obtained by fraud. 2.) The use for which such approval.was granted. was obtained by fraud. 3.) The use for which approval was granted has ceased for at least one year. 4.) The permit or variance for which. approval. was granted is being .exercised in violation o.f the terms. or conditions of the permit or variance or in violation of any law. or appli- cable regulations. 5.) The use for which approval is granted... is detrimental to public health. Revocation of Permits. Permits and variances may be revoked but only after public hearing for which the procedure set forth in section "Notices, Hearings, Procedures" shall apply. Previously Granted Permits. Permits and variances granted prior. to adoption of this Code shall be continued, so long as other applicable code requirements are met. Fees. The following fees shall be paid on the filing of any application in order to cover a part of the cost of review, field analysis and processing: 1. Change of zone $50.00 2. Extraordinary Use Permit $50.00 3. Planned unit development $50.00 4. Variance $25.00 5. Conditional Use Permit $50.00 iflnr L 1 ~'ag~ 68 ' For two or more simultaneously filed applications on_the same piece of property, only one fee of $50.00 shall be required. Severab ilia . Should any section, subsection, paragraph., sentence, clause or phrase in this Code be declared unconstitutional or invalid for any reason,. such decision shall not affect the validity of the re- maining portions of this Code. Official Zoning Map. The Official Zoning Map dated 8/21/69 and signed by the Mayor and Council is hereby established as the official Zoning Map of the Town of Winslow and the original is on file with the Clerk of the Town of Winslow. Repealing Ordinance 124 adopted April 2, 1963, and all admendments thereto is hereby repealed. Passed the 15th day of Septem,„b~~--~'9~9. ATTEST: t