ORD 79-15 ZONING ORDINANCE;r- ~ ;~« x
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~'"'~ ORDINANCE' NO',. 79-'1.5
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AN ORDINANCE 'PROVIDING k'OIj THE PUBL:TC HEALTH, SAFETY,
'~ MORALS AND GENERAL WELFARE, AND IN ORDER TO SECURE FOR
± THE CITILEN'S OF THE CITY OF WINSLOW'THE SOCIAL AND
ECONON~IC ADVANTAGES RESULTING FROM. AN ORDERLY PLANNED
USE OF THE LI~ND RESOURCES WITHIN. THE CITY, AND TO
REGULATE THE LOCATLON A~JD USE OF BUILDINGS., STRUCTURES
AND LAND k'OR RESIDINC'E, BUSINESS, INDUSTRIAL AND OTHER
PURPOSES, AND TO PROVIDE OFFICIAL LAND USE PLANS TO
.GUIDE, CONTROL. AND 'REGULATE TPIE GENERAL GROWTH OF THE
CITY AN'D DEVELOF'NiEIvTS ON AND OF PUBLIC AND PRIVATE
- PROPEFcTY WITHIN THE CITY IN ACCORDA?VCF WITH. TIiESE PLATS ,
THE CITY COUNCIL OF THE CITY OF WINSLOW_,, WASHINGTON, DOES
HEREBY ADOPT AND ESTABLISH AS OFFICIAL TI-IESE DISTRICTING AND
LAND USE REGULATIONS AND THE ZONING MAP FOR THE CITY OF
WINSLOW, WASHINGTON AND REPEALING ORDINANCE 69-16.
THE CITY COUNCIL OI' THE CITY OF ~aINSLOW DO ORDAIN AS
.FOLLOWS:
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Z:' M. D` E' X
~~ SECTION WAGE
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.Creation of Zones .
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1.2 Zoning District Boundaries 2
1,3 High Density Multi-Family 3
1.4 .Medium DenGay Multi-Family 5
1.5 Iiigh Density Single-Family • . 7
1.6 Medium Density Single-Family , 9, 9a.
1.7 .Low Dens y Single-Family , 10
1.8 Planned Unit Developments 11
1.9 Commercial , , 14
1.10 Industrial , 15
._., 1.11 Zones o~ Special Significance ... 17
2.0 General Conc~.tions , 18
2.1 Accessory Buildings .. • 18
2.2 Fences 18
2.3 Landscaping .. •. . 18
2.4 Parking , 20
2.5 Sight 23
2.9 Utilities . 23
3.0 ,Administration , 23
3.6 Use and Occupancy Permits 24
3.7 Variances . • • 25
3.8 Conditional Uses • 26
3.9 ApplcatonG 27
3,10 Fees 28
3.14 Non-conforming, lots, uses, structures. 29
3.15 Enforcement 30
4,0 Definitions . 31
5.0 Repealer 40
6.0 Adoption 40.
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1,,~Q Creation o~ Zones
To implement the purposes o~ this Ordinance, the
City sha:l,l. be d~y,ded into zones consistent with.
the Comprehensi•ye elan of the C y of Winslow.
~ map ox ina:ps describing these zones shall be adopted
a,s part of tha;s Ordinance a.nd shall be filed at the
O~,f~ce of the City Clerk, and the bounda,r,es of said
zones shall be as delineated on said map or maps as now
adopted or hereafter duly amended.
1.1 Official Zoning Map;
The 0~,£icial. Zoning Map shall be identified by signatures
o~ the City Council a,nd shall. carry the following words:
"This is to, certify that this is th:e Offi,cia,l Zoning Map
regerred tQ in the Zoning Ordinance of the City of Winslow,
Washington, .adopted June: .4, 1979. If,
in accordance with_the provisions of this Code, changes are
made in zoning. district boundaries ox other matter portrayed
on the Official Zoning Map, such changes shall be made on the
i
Of~ici.al Zoning Map promptly after the amendment has been
adopted, together with an entry on, or attached to, the
O.~ficial 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 Mayor
and attested to by th.e City Clerk.
All argendments to the Official Zoning Map shall be immediately
transmitted and :filed. with th,e Ktsap~County Planning Department.
The Official Ironing Map which she'll be located in the Office
of the Clerk shall be the final. authority as to the current
zoning status of land .and water area bui.l,dings and other
structures in the City.
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(g) Where physical or other features existing on the ground:.
are at variance with those shown on the Official Zoning
Map, or in other circumstances not covered by sub-sections
a through f above, the Agency sh'a11 interpret the zoning
district 'boundaries.
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Zoning District Boundariesc
Where uncertainty exists as to the boundaries of
zoning districts as shown on the Official Zoning Map,
the .following rules shall apply:
(a) Boundaries indicated as approximately following the
center lines of streets, highways, freeways, shall be
construed to follow such center lines.
(b) Boundaries indicated as approximately following
platted lot lines shall be construed as following such
lot lines.
(c) Boundaries indicated as approximately following city
limits shall be construed as following ci y limits.
(d) .Boundaries ..indicated as approximately following shore
lines. shall be cony trued to follow° uch shore lines, and in
the event of change in the shore line shall be construed as
moving with the actual shore line.
(e) 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 unless otherwise designated.
(f) ,Boundaries indicated as paral]`~,e,l to or extensions of
features indicated in sub-sections a through d above s-:hall be
so construed.. Dis ances not specifically indicated on the
Official Zoning Map shall be determined by the: sca e of the
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Th? f,.ollowng zones are created:
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1.3 high Density Multi-Family Residential:
. Purpose: To pxovide areas of high density residential
development which can support public utility
systems necessary for the protection of the
environment and allow the maximum amenity
for a large number of residences: These districts
shall be located adjacent to or near planned
community centers and other areas which are to be
served by public utilities in the near future.
Permitted Uses:
(a)
(b)
(c)
(d)
(e)
single-family dwellings
multi-family dwellings
automobile parking facilities accessory to
residential- development
underground utilities
accessory uses and buildings normally
incidental to the above permitted residential
uses
(f) -home occupations
(g) community or public park and recreation
facilities
(h) educational, cultural, governmental, religious,
' or health care facilities
(i) planned unit developments
(j) signs subject to the provisions of the sign
ordinance
. Conditional Uses:
The following uses may be permitted with the
issuance of a Conditional Use Permit:
(a) public and private utility buildings and
structures
(b) all structures over 35 feet in height
• (c) parking lots not associated with residential
development
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(_a') fihe..mnimum lot area for single-family Residence
shall be 10,000 square feet where served
by sanitary sewers.
(b) The mininum to t; area for single-family
residence shall be 20,000 square feet when
:not served by sari ary sewer.
(.c) The minimum net lo.t area for multi-family
dwellings shall be 3,100 square feet per
dwel ng unit.
. Lot Coverage:
The maxzqum lot area covered by buildings shall
not exceed 25 percent.
. Yards:
(_a) Front yards, rear yards and side yards
facing streets shall not be less than 25
feet from any lot lines, planned rights-of
way or road easements.
(b) Side yards shall not be less than 15 .feet
in total sum with no side yard less than.
5 feet.
(c) In case of structures over two storieshigh,
'front and rear yard requirements shall be
increased by 4 feet for every story over
'two, the side yard requirements shall be
increased by 10 feet for every story over two.
(d) No portgn of any residential or accessory
structure shall be closer than 10 feet from
any other residentaa or accessory structure:.
(e) Rear yards not facing streets shall be 15 feet.
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~`~ Co-ndtonal Uses:
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(a) Public and private utility buildings' and
structures
(b) All structures over 35 feet in height
(c) Educational, cultural, governmental, religious
or health care facilities
Lot Area:
(a) The minimum lot area for a single-family
residence shall be 10,000 square feet.
(b) The minimum lot area for a single-family
residence shall be 20,000 square feet when
not served by sanitary sewers.
(c) The minimum lot area for multi-family dwellings
shall be 5,400 square feet per dwelling unit.
Lot Coverage:.
The maximum lot area covered by buildings shall
not exceed 25 percent.
Yards:
(a) Front yards, rear yards, and side yards
facing streets shall no be less than 25 feet
from. any lot lines, planned rights-of-way,:
or easements.'
(b) Side yards shall not be less than 15 feet in
total sum with no side yard less than 5 feet.
(c) In case of structures. over two stories high,
front and rear yard requirements shall be
increased by 4 feet .for every story over two;
the side yard requirements shall be increased
by 10 feet for every story over two.
(d) No portion of any residential or accessory
structure shall be closer than 10 feet from
any other residential or accessory structure..
(.e) Rear yards not facing streets shall be 15 feet
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Access Requirements:
(a`) Single-family residences shall provide
direct access to-a street or road. easement.
(b:) Multi-family build-ngs shall have direct
access to a street or road easement and hall
pro~de unobstructed acces driveways exclusive
of the required parking area as follows:
(1.) Two-way access drives not abutted by
parking shall provide at least 22 feet
of paved surface.
(2) Two-way access drives abutted by parking
shall provide at least 24 feet of paved
.surface.
(3) One-way access drives not abutted by parking
shall provide at least 12 feet of paved
surface .
(4.) One-way access drives abutted by parking
shall provide. at least 20 feet of paved
surface.
High Density Sing e-Family Residential:
Purpose: To provide for urban density single-family
residential. areas .having those community
improvements. and faclti:e's normally associated
with urban area development`.
Permitted Use
(a) Single-family dwe In gs
(b•) Nome occupations
(c) Underground utilities
(d?) Structures normally acre sory to residential
uses
(e) Planned unit developments
(f) Signs subject to the provisions of the
sign ordinance
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. •~ `Conditional Uses
(a) Public and private utilities structures
(b) Educational, governmental, religious,. cultural
or health care facilities
(c) Structures over 35 feet high
Lot Area:
(a) The minimum lot area for a dwelling unit
shall be 10,000 square feet.
(b) The minimum lot area for a dwelling unit shall
be 2:0,000 square feet when not served by
sanitary sewers.
Lot Coverage:
The maximum lot area covered by buildings shall
not exceed 25 percent.
Yards:
(a) Front yards, rear yards and side yards
facing streets shall not be less than 25
feet from any lot lines, planned rights-
of-way, or easements.
(b) Side yards shall not be less than 15 feet in
total sum with no side yard less than 5 feet.
(c) In case of structures over two stories high,
front and rear yard requirements shall be
increased by 4 feet for ,every story over two;
' the side yard requirements shall be increased?
by 10 feet for every story over two.
(d) No portion of any residential structures shall
be closer than 10 feet from any other
• residential structure.
(e) Rear yards not facing streets shall be 15 feet.
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1.6 M'~:dium Density Single-Family Residential:
` Purpose: To provide a suburban residential area having
those community improvements and facilities
~, norma lly associated with suburban development.
' Permitted Usesc
(a) Single-family dwellings
(b) Home occupations
(c) Underground utilities
(d) 'Structures normally accessory to residential
uses
(e) Planned unit developments
(f) Signs subject to the provisions of the sign
ordinance
. Conditional Uses:
(a) Public and private utilities structures.
(b) Educational, governmental, religious,
cultural or health care facilities.
(c) Structures over 35 feet high
Loa Area:
(a) The minimum lot area fox a dwelling unit
shall be 12,50.0 square feet.
(b) Tire minimum lot -area for a dwelling unit shall
be 20,000 square feet when not served by
sanitary sewers.
Lot Coverage:
The
maximum lot area covered by buildings shall
not' :exceed 25 percent.
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. Yards.:
(a) Front-. yards, rear yards and side yards
facing streets shall not be less than 25
feet from any lit lines, planned rights-
of-way, or easements.
(b) Side yards shall not be less than 15 feet in
total sum with no side yard less than 5 feet.
(c) In case of structures over two stories high,
front and rear yard requirements shall be
increased by 4 feet for every story over two;
the side yard requirements shall. be increased
by 10 feet for every story over two.
(d) No portion of any residential structures
shall be closer than l0 feet from any other
residential structure.
(e) Rear yards not facing streets shall be 1.5 feet.
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(a) Single-family dwellings
(b) Home occupations
(c) Underground utilities.
(d) Structures normally accessory to residential
uses
(e) Planned unit deve opments
(f) Agriculture except food processing
(g) Signs subject to the provisions of the sign
ordinance.
Conditional Use s:
(a) Public and private. utilities structures
(b) Educational, governmental, religious,
cultural, or health care facilities
(c) Structures over 35 feet high
Lot Area:
(a) The minimum lot area for a dwelling unit
shall be 15,000 square feet.
(b) The minimum lot area for a dwelling unit
shall be 20,OOD square feet when not served
by sanitary sewers.
Low Density Single:-Family Residential:
Purpose: To provide a suburban residential area not
requiring a full range of urban community
improvements and facilities.
Permitted Uses:
Lot Coverage:
The maximum lot area covered by buildings shall
not exceed 25 percent.
Yards:
(a) Front yards, rear yards, and side yards
facing streets shall not be less than 25 feet
from any lot lines, planned rights-of-way
or easements.
(b) Side yards shall not be less than 15 feet in
total sum, with no side yard less than 5 feet.
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' (c) In case of structures over two stories
high, front and rear yards requirements
shall be increased by 10 feet for every
story over two.
(d) No portion of any residential structure shall
be closer than 10 feet from any other
residential structure.
(e) Rear yards not facing streets shall be 15
feet.
Planned Unit Developments:
Purpose:. To encourage development which would be as good
or better than that resulting from the traditional
lot by lot development, by applying the. principles
of excellent design. To permit flexibility of
design and construction that will allow creative
approaches to development resulting in a more
efficient, aesthetic, and desir,~ble development.
To encourage the preservation of open space,
natural vegetation, natural ecological systems.
Permitted Uses:
Any use permitted outright or conditionally
permitted in the zone in which the planned unit
development is proposed is permitted. In planned
unit developments which include areas which
encompass more than one zone, the uses permitted
shall be allowed in the same proportion as the
areas in each zone.
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` Pezm;tted Density :
The number o~ dwelling units permitted in
a planned unit development shall be 115 percent
of the: density permit ed in the underlying
coning,. provided it is demonstrated that:
(1,) The PUD will be developed in such a
manner as to provide: useable space for
active recreational purposes, and
(2~ That such development will not disturb or
degrade the natural systems and ecological
values of the area..
, I~ni~pulq Lot Size ;
There sh-all be no minimum lot size.
, Lot Coverage.
Th:e maximum lot area covered by buildings shall
not excedd 25 percent in residential development.
There shall be no maximum lot coverage in commercial
deve 7,`opment .,
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There shall be no minimum yards required.
Su.ldi,nc~ Types:
The. allowed number of :dwelling units in a PUD
may be constructed of single-family detached
dwelling units, common wa 1, multi-family units
or in any combination thereof. In commercial
PUD~'S, up to 66 percent of th:e gross floor area
of the PUD may be devoted to residential uses
not to exceed the number of dwelling units permitted
lIl a PUD in a high density multi-family residential
zone
Height:
There. shall be no maximum height of buildings.
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Maintenance of commonly owned areas or areas open to use
of all residents of the planned unit development:
The applicant for a planned unit development
shall submit to the planning agency and city
attorney, covenants,. deeds, maintenance agreements,
ox other documents, and instruments guaranteeing
the maintenance of common places and payment of
taxes. thereon with the Planned Unit Development
for th$ reasonable life of the buildings. The
Hearing Examiner may require a maintenance bond.
. Permit Procedure:
An applicant seeking to develop property as a
Planned Unit Development shall submit to the
Agency plans, sketches.,, reports and other data
to illustrate fully the applicant's intent. Such
data shall include, but not be limited to a site
plan at scale of not less than one inch equals
one hundred feet, showing building location, traffic
circulation, parking 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 material deemed necessary
by the Agency for an adequate design review. The
work shall be done according to the standards used
by licensed professionals.
The Agency shall review the materials submitted by
the applicant and prepare recommendations with
respect to the propo ed Planned Unit Development.
It shall then forward both its own recommendations
and the data submitted by the applicant to the
Hearing Examiner for further action in accordance
with the Hearings procedure Ordinance.
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~. , 9 Commercial
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,~ t Purpose: The purpose o~ the commercial zone is to
provide retail and personal services to the
residents of the City and the visiting public.
- .Permitted Uses•
(a) Retail sales not requiring outdoor storage
(_b) Personal and professional services
(c) Indoor entertainment and amusement
(d) Small appliance repair and similar uses
(,e) Signs subject to the provisions of sign
ordinance
(f) Commercial parking lots in accordance
with Section 2.4
(:g) Similar uses as determined by the Building
Official
(hJ Community or public park and recreational
facilities
(:i.) Educational, cultural, governmental,
religious, or health care facilities
(_j) Planned unit developments
(.k) Residences in accordance with the provisions
of Section 1.8 PUD
• (:1) I4obile home parks
.. Condi.t~.ona1 Uses:
(:a) Public and private utility buildings and
structures
(b) Structures over 35 feet high
(:c) Other uses deemed .likely to cause a
nuisance if not otherwise controlled
Minimum Lot Are a;
The re shall be no minimum lot area.
Lot Coverage:
The maximum lot area covered by buildings
sha ll not exceed 35 percent.
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~';ron.t, rear and side yards shall not total
less than 20 feet..
Purpose: The purpose of the industrial zone is to provide
area for the development of commercial and
industrial facilities., protect the uses of
adjoining zones, and protect the natural
environment from potential air, water, noise,
visual, or other forms of pollution.
Permitted Uses:
(a) Commercial uses, wholesale and retail,
not requiring outdoor storage.
(b) Signs subject to the provisions of the
. sign ordinance
(c) Commercial parking lots in accordance with
the provisions of Section 2.4
(d) Community or public park and recreational
facilities.
(e) Indoor entertainment and amusement facilities
(f) Educational, cultural, governmental, religious
or health care facilities
(g) Underground utilities
(h) Agriculture except food processing
(i) Accessory buildings associated with the
above uses
(j) Similar uses as determined by the Building
Official
(k) Permitted uses in industrial zones which are
subject to the Shorelines Management Act shall
include marine oriented commercial uses
including:
Pleasure and commercial vessel
moorage
Haub out facilities
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marine ways
ferry terminal, slips and
repair facilities
barge. moorage. and offload slips
marine sales and repair facilities
boat building and dry storage for
boars and marine equipment
bulk head and dock construction
outdoor storage for the above
uses
Conditional Uses:
(a) All manufacturing uses
(b) All uses requiring outdoor storage
(c) Public and private utility buildings
(d) Any use deemed likely to cause a
nuisance if not otherwise controlled
(e) Structures over 35 feet high
. Minimum Lot Area:
There shall be no minimum lot area for
industrial uses
. Maximum Lot. Coverage:
The maximum lot coverage by buildings shall
not exceed 50 percent.
Yards•
(a) Front yards and side yards abutting.:
rights-of-way and road easements shall
be not less than 5 feet exclusive
of parking areas.
(b) Side yards shall total not less than 20
feet.
(c) No rear yard. shall be required.
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1.11 Zone of Special Significance:
' Purpose: Because of the special physical or cultural
conditions, some areas of the city require
extra measures to protect the environmental
quality. Areas of special significance shall
include steep slopes subject to ero ion and
slides, wet lands- and high water table areas,
drainage basins of water .systems, lakes, rivers,
and streams and adjoining shorelands, salt water
bays and adjoining tide~and shorelines, areas of
cultural, historic or religious significance,
wildlife and fish habitats, and areas of visual
and. aesthetic sensitivity. Other areas which
contribute to the unique marine character of the
city and include a mixture of land uses and
building types may be included in the Zone of
Special Significance.
Identification of Special Attributes:
The Planning Agency shall identify those
special attributes of each piece of property
located within a zone of special significance
which it feels require extra protection in
order to preserve environmental quality. In
addition, the Planning Agency shall define
what aspects it deems prerequisite to development
of each piece 'of property located within a zone
of special significance.
Permitted Uses:
(a) Utilities and accessory buildings
(b) All excavations, docks, dredging, dikes,
dams, landfills, and man-made intrusions on
the natural state of the land
(,c) Forestry
(d) Home occupations
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(.e) Community or public park and recreation
~ac;l.te
(.~) 'Residences and accessory buildings
(.g) Commercial. and industrial uses
(h) Signs
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Deyel~opment•
• Prior to development of any property located within
the zone o~ special significance the property owner
must submit plans and obtain approval of the
pxoposed development in the same manner required
,€or applicants for planned unit developments
~?ursuant to the provisions of Section 1.8 of this
ordinance
General Conditions;
Accessozy Building;
r-. Other than in commercial or industrial zones,
permitted accessory buildings may be located in
rear and side yards provided that no portion of
the building is within five feet of the lot line
oz within ten feet of an;y other building. In
through lots, acces ory buildings in rear yards
shall conform to the front yard setback require-
ments for a principal building. Decks less than
36 inches-in height extending into required rear
and side yards may be attached to the principal
building.
Fences;
Landscaping;
Fences up to six feet high may be located in any.
requ.,~ed yard space except for corner lots as
regulated in Section 2.. 5. Fences in excess of
six ;feet may- be erected with the issuance of a
Conditional Use Permit.
(a ), Preservation of Landscape. The landscape
shall be preserved in its natural state,
insofar as possible,. by minimizing tree,
shrubs and soil removal, and any required
grade, change shall be in keeping with the
general aFpearance of neighboring developed
a,rea,s .
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(b)
(c)
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 of trees, shrubs, and ground cover.
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:
(1j In residential development, not includin
owner occupied single-family residences,
landscape improvement shall be carried
out in all open areas not required for '
circulation or parking and shall stress
ground cover, native flower shrub~• and
evergreen trees. Flowering, deciduous
trees are considered to be desirable
supplements.
(:2) In commercial development, landscape
improvement shall be carried out in all
open a-revs not required for circulation
or parking and shall stress planting
areas ;.paving with brick, block, or stop
planter boxes or tubs; and window boxes
with native flower shrubs, ground cover
and trees where practical.
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(;3) Landscape improvement shall be ca.;rried
out to scxee:n exposed storage areas
ex~o'sed mach.nerX nsta,llations~, service
axeas~.,truck. loading areas, utility
buildi.nc~s and structures, and shall be
of such ~l.an.t materials as will be
suitable and practical in such locations.
Parkin ;
(:a) Space. 'Requ-fired;
Each. parking space shall be at least eight and one-
ha,7..~ feet wide and twenty feet long exclusive of
acce s dr.yes and a.isl.es h.ayincr access from a public
thoroughfare or private access easement. Parking
spaces ,for small cars shall be a mnzmum of seven.
.and .one hs,lf ,feet by s-ixteen feet.
(b.) Spaces ~Requi.red:
(_l) Two spaces for each permanent dwelling unit
are required Sma1,1 car spaces: may amount to
30~ o£ the requxed total numbex.
(,2) Fox retail, commercial and personal service
lou• spaces for each one thousand square feet
of floor area, shall be provided for every
bui,l.dng Oyer 1,00.0 square feet in floor area.
(3) For wholesale commercial and. manufacturing,
One space for each.em~loyee is required.
(4) For reta,,l commercial and personal service use
:n buildings undex .1,0,00 square feet of floor
area,, twa spaces for each. employee shall be
pxoyided~
(5 ) For places- a:~ publ i.c accommodation service food
a;nd beverages, one space for each four seats.
(_6~ For other uses.~ox special cases, parking require-
ments sh.a;ll be established by the issuance of a
Conditional Use Pexmit.
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` (c) Location of Parking Spaces:
Parking spaces serving dwelling units shall be
located on the same lot with the building they
(d)
(e)
(f)
serve.
Joint Use•
The required parking for two or more uses may be
reduced by 25 percent when provided by a common
parking lot. Joint parking will be authorized with
the. issuance o~ a Conditional Use Permit.
Improvement and Maintenance::
Every off-street parking or automobile storage area
capable of holding three or more automobiles shall
be developed and maintained in the following manner:
(,1) Parking and access areas shall be paved or
surfaced and maintained so as to eliminate
dust and mud.
(2) Adequate storm drainage facilities shall be
installed.
Landscaping:
No less than ten percent 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 r,-anner
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 between a 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 automobile service stations.
Evergreen trees (without low growing branches, gum,
blossoms,. or pads which might damage cars or clog
drainage) shall constitute tYie primary landscaping
element. Ground cover and flowering native shrubs
-21-
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shall constitute the secondary element. Where a
parking lot fronts on a street along a frontage
of not less than seventy feet, street trees, as
approved by the Agency, shall be planted on approx-
imately forty foot centers.
(g) Scx'eening:
Where a parking lot abuts a side or rear property
line, a sight^obscurng, decorative fence shall be
installed within one foot of the property line;
except, where adjoining property slopes upward for
a distance of not less than three feet and at an
an,gl,e of not less than forty-five degrees, such a
,fence shall not be required. Such decorative
fences shall be not less than five feet, nor more
than six feet High, shawl be planted with climbing
ivy ox other evergreen vine, and shall be protected
against damage from automobiles by curbs installed not
closer than two feet from the fence.
(h) Grades:
Within a parking lot,. the grade of parking areas
.shall not exceed six percent, although the grade of
driveways and aisles between separate parking areas ma
'be not mere than fourteen percent. Parking areas on
sloping lots shall be so laid out that parked cars
lie ~~erpendicular to the slope. Where existing.
grades on property proposed for a parking lot exceed
ten percent the Agency may require a topographic
survey tc show existing and proposed grades.
(i) Lighting:
All lights shall be hooded or shaded so that direct
light from the'_lamp does not fall on adjacent
properties or public :rights-of-way.
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2.15 Sicrht : Clearance
No sight obscuring fence or hedcre over 42 inches
higher than the grade of adjacent streets shall be
permitted. on corner lots in the yard area formed
by a Line from the lot corner at the street intersection
aloncT the front yard line 15 feet and side yard line
15 feet and a line connecting the two lot lines at the
points 15 feet from the intersection corner.
2.9 Utilities:.
CverYiead and underground utilities are permitted in
required yard space.
3.0 Administration:
3.1 Duties of the Planning Agency:
(a) Receipt and recording of all correspondence regarding the
administration of tris Ordinance.
(b) .Conduct meetings and evaluate testimony regarding the
application of this Ordinance.
(c) Make written findings of fact basted. upon the testimony
and exhibits presented at the meeting and its own
investigation of the issue under study.
(d) P.ecommend approval, disapproval, approval with conditions
on applications or action taken under this Ordinance which
shall include:
(1) Conditional Use Permit
(2) Planned Unit Development
(3) Subdivision of land
(4) Amendments to the Ordinance
(5) Amendments to the Zoning Map (Rezones)
(6) Amendments to the Comprehensive Plan
(7) Variances
(e) Conduct a site plan review for all applications for building
permits for multi-family and non-residential development.
3.2 The Planning Agency shall require such information as it deems
necessary for the evaluation of all actions regulated by this
Ordinance, shall review the information and shall submit a written
recommendation to the City Clerk within 30 days. Required
information shall include but shall not be limited to:
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(a) The legal. de cri.ption of -the p-roperty;
(b) A complete and detailed written statement of the
intended use of the land and the sequence and timing
of the proposed developmen ;
(c) A scale 'drawing of the property indicating:
(1) North point and graphic scale;
(2) Boundaries, easements, and ownerships as set forth in
the legal description;
(3) Topography at appropriate contour intervals;
(4) existing structures and. improvements;
(5) Existing vegetation including all trees over 4 inches
in diameter, water courses, and other natural features;
(6) Proposed improvements;
(7) Utilities plans;
(8) Circulation plans on and off` the site;
- (9) Landscaping plans;
(10) Other plans and drawings deemed necessary for
evaluation;
(11) All adjacent streets and rights-of-way
(d) The terms, conditions, covenant and agreements regarding
the intended development;
(e) An Environmental Checklist when required by the Winslow
Environmental Protection Ordinance 78-13, as .amended.
3.3 Use and'Occupancy Permit:
In addition to all other permits and>cty approval .required
under the provisions of this ordinance, a use and occupancy
permit shall be required before occupancy, for each principal
structure erected on each lot or parcel or property. much
permit shall be issued by the building official upon deter-
urination of compliance with the requirements of this
ordinance and the Uniform Building Cade.
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'3.4 Hearings, Final Action and Appeals:
Public Hearings are required prior to action under the
provisions of this ordinance on applications for amendments
to the Comprdhensive Plan, amendments to the Zoning Ordinance
and Zoning Map.., condii:ional use permits, permits for development
in zones of special significance, planned unit developments,
subdivision of Land and variances. The applicant or designated
representative must be .present at any public hearing held
regarding the application when either the applicant of
representative has been personally rectified of the meeting or
the meeting has been publicly advertised.
Following review by the Planning Agency of an application for
any of the kinds of action described in the above paragraph,
and subject to the criteria set forth in Paragraphs 3.5 through
3.9 below, all hearings, final action. and appeals of such
applications shall conform to the-provisions of the Hearings
Procedure Ordinance.
3.5 Specific Criteria to be Demonstrated in Hearings Held on
Applications for Variances:
In any hearing held to consider an application for a variance
from the provisio:~s of this ordinance, the applicant must
demonstrate the following:
(a) The proposed variance is in harmony with the spirit and
intent of this ordinance.
- (b) There are special circumstances applicable to the subject
property or permitted use that do not apply to or exist on
other properties or permitted uses in the same vicinity or
zone.
(c) The variance is necessary for the preservation and enjoyment
of a substantial property right possessed by other property
in the. same vicinity and zone., but which is denied to the
property in question because of special circumstances on
the property in question.
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'` (d) The need for a variance h;as not arisen from actions
taken or contemplated by the applicant..
(e) The granting of the variancE will not be materially
''~--~ detrimental to the public welfare or injurious to the
right of other property owners in the vicinity.
(f) The variance will not permit a use not permitted by this
Ordinance in the zone in which the subject property is
located.
3.6 Specific Criteria.. to be Demonstrated in Hearings Held on an
Application for a Conditional Use:
In any hearing held to consider an application for a conditional
use under the provisions of this ordinance, the applicant must
demonstrate the following:
(a) The proposed conditional use is in harmony with the sprit
and intent of this ordinance.
- (b) Development of the proposed use would not adversely affect the
health., welfare., safety, lands .and rights of other persons.
" (c) The proposed conditional use meets all the criteria otherwise
applicable to the zone in which it is to be developed.
3.7 Imposition of Conditions on Conditional Uses:
After reviewing all testimony and matera s submitted. regarding an
application for. a aondiaaon.~l.. use permit, the Hearing Examiner may
impose such conditions as are necessary to protect the health.,
safety,'welfare and rights of other persons. Such conditions
may include the postings of bonds to insure continued compliance
with the conditcns of the conditional use permit. If in the judgment
of the Hearing Examiner no conditions could be imposed that would
insure the compatibility and harmony of the use or structure with
the spriit of this ordinance and protect the health, welfare, safety,
~-" lends and rights of other persons, the Hearing Examiner shall deny
the conditional use permit. In those instances where the Hearing
Examiner determines to approve a proposed conditional use and issue
a conditional use permit, the conditional use permit shall incorporate
a'written order detailing the applicable conditions on development
and a schedule for compliance with these conditions.
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3.~8~ Criteria to be Demonstrated at Hearing Held on
Applications for a Planned. Unit De*~elopment:
In any hearing held to consider an application for a Planned
Unit Development under the provisions of this ordinance, the
applicant .must demonstrate the following:
(a) The proposed planned unit development is in harmony with
the spirit and intent of this ordinance.
(b) Development of the proposed planned Unit Development would
not adversely affect the health, welfare, safety, lands
~.nd rights of other persons.
(c) The proposed Planned Unit Development conforms to the
applicable provisions of Section 1.8 herein,
(d) The applicant has title to, or control of, all land in the
proposed planned unit development and agrees that the land
will be developed as one integrated project.
(e) The quality of the design o'f the proposed planned unit
development. is equivalent to or superior to the quality of the
design of similar developments within the City.
(f) The design of the proposed planned unit development makes
adequate provision for the following:
(1) Construction and maintenance of public open space,
recreational areas and public facilities;
(2) Access, private roads anal drivds, parking, and
pedestrian and vehicular traffic control;
(3)' Landscaping, screening and setbacks;
(4) Drainage; and
(5) Access to City services including but not limited to
sewer line, water lines and fire protection.
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3,~„ Cxitexi.~ to be Demonstrated in H`e'ar--ngs Held. on a
Appl:cation -for Approval'of Development in a Zone of
-- Special Si~gnf'cance:
In any hearing-held to consider an application for approval
~~- of development in a zone of special significance the applicant
must demonstrate the following:
(a) The prcpcsed development complies with the criteria set
forth in Section 3.8 :above; and
(b) The applicant has included in the proposed development
those aspects defined by the P arming Agency pursuant to
Paragraph l.ll above, as prerequisite to development of the
property on which the deve opment is to oocur.
3.10 Applicant:
Applications under this Ordinance shall be made by the property
owner, contract purchaser, or a representative thereof who
has been designated as such in writing. The address indicated
on the application shall be for the purposes of this Ordinance,
the address of the applicant, and all correspondence relating to
the application shall be directed to that address. The applicant
or designated representative must be present at any public
meeting which has been publicly advertised to hear the application
or when the applicant has been personally notified of such a
meeting.
3.11 Fees:
(a) Permit., Use Application Basic Fee
Condi.ti.onal Use Permit $200 + $10/acre
Planned Unit Development $200 + $10/acre
Amendment to Zoning Map (rezone) $200 + $10/acre
Special Significance Use $200 + $10/acre
(b) Variances.
Variation of one foot or less. or
variance of'less than loo deviation
- from the code: $75.
Variation of 10~ or more deviation
from requirement $100.
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(c) Appeals of Administrative Decisions, Zoning or Land
' Use Matters
The cost, of appeals on land use matters, zoning or
administrative decisions imposes an expense on the
City involvincr the Hearing Examiner and city employees,
plus the cost of administration, equipment and space.
While appeals are every citizen's right, the imposition
of a flat fee of $50. for filing such appeals is necessary
to offset the initial cost of administering the appeal
regardless of the outcome.
3.12 Amendments to Zoning Ordinance or Zoning Map:
Any property owner, contract purchaser, or representative
thereof who hzs been desi.~r-at~d as such in writing, or the
City Council may propose .amendments to this Ordinance, the
Zoning Map and to the Comprehensive Plan.
All amendment proposals shall be processed in accordance
with the provisions of the Hearing Procedure Ordinance.
3.13 The standards and criteria expressed in this Ordinance shall
be interpreted as minimum standards and when two requirements
of .this Ordinance conflict, the one imposing the greater
restriction shall apply.
3.14 ~ The provisions of this Ordinance shall not abrogate easements,
covenants., or other restrictions of record imposed on
properties in the City of Winslow.
3.15 Non-Conforming Lots, Uses and Structures:
(a) Any lot, tract, parcel cf band, building or use in
existence at the date of adoption of this Ordinance
shall be a legal non-conforming use and may continue
without time limit.
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-29-
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• (b) Anon-conforming use of land may be. continued provided
that:
(1) It is not enlarged,. increased, or extended to
occupy a greater area of land than was occupied
on the date of adoption cf this code, or applicable
amendments thereto.
(2) It is not moved in whole. or in part to any other
portion of the lot or parcel.
(3) If the use ceases for a period of more than 180 days,
the: subsequent use of the land shall be conforming.
(c) Anon.--conforming use of a structure may remain and be
used, provided that:
(1) It is not enlarged or altered so as to increase its
non-conformity.
(2) Tf moved, it is made to conform to regulGtions of
this code for the zone of new location.
(d) Anon-conforming use of a structure may be con inued,
provided that:
(1) The structure is not enlarged or moved.
(2) It may be changed to another non-conforming use by
the Hearing Examiner.
(3) If it is superseded by a conforming use, the non-
conforming use may nat thereafter be resumed.
(4) If it is discontinued for a period of six consecutive
months or for a total of eighteen months in any
three year period, it may not thereafter be resumed.
3.16 Enforcement:
(a) No building, structure or land shall hereafter be ,
occupied or used and no building or structure shall
hereafter be erected, constructed, reconstructed, structurally'
altered or moved unless in conformity with x:11 the applicable
provisions of this ordinance.
(b) Development, use or occupancy of any property, building or
structure erected subsequent to the enactment of this
ordinance without first obtaining all permits required
under the provisions of this ordinance shall be and i~
•hereby declared to be a public nuisance and a misdemeanor.
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3.17
4.0
(c) All permits issued pursuant to the provisions of this
ordinance may be revoked and declared invalid after
notification by certified United States mail to the
owner of record or lessee~of violation of the provisions
this ordinance and comple ion of the procedures set
forth irl sub paragraph (d) below.
(d) If the violation has not been remedied within 30 days of
notification of the violation,. the building official shz.ll
file a petition for revocation with the Hearing Er,.aminer
who shall conduct a Public Hearing on the petition for
revocation of the. appropriate permit. Continued
violation of this ordinance shall be deemed a misdemeanor
and any person convicted thereof shall be fined not more
than .$500.00 or incarcerated for more than 6 months in
jail or berth.
Municipal Improvements:
No municipal-improvement approved by the City Council shall be
subject to the provisions of this OrdinancE.
Definitions:
Accessory Building: A subordinate structure which is incidental
to the principal structure on the same lot.
Accessory Use: A use customarily incidental and related
to the principal use on the same lot.
Agency: The Planning Agency of the City of I•Inslow.
Alley: A public thoroughfare or private ways which
is permanently reserved, serving as a
secondary means of access to an abutting
property.
Apartment: A room or suite of rooms comprising part of
a building which contains living, cooking,
sleeping, and ba hing facilities and is
suitable for occupancy by one family.
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-31-
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. st:xuctuxe having a xoo~r des-fined
. Bui,7,d'in ~Y•
fpr Sh:el:tex of persons,, animals or
guldina O f f i::eial :
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cap oat:
C~~c'
ComnleXc;~l~ ~Se
propex'tY~
The ground axea encompassed within the
Walla. o~ a bL•.i,ldng.
The persan~ ps persor~s~ ox firm design.atecl
by th.e C?4tY of Wn.slaw to insux'e compliance
w~;th the px'ovi.s;ons of this Ordinance ..
~, covexed shelter for one or more vehicles
wh.i,ch.i.s open an at least two sides.
1~ bui,ldnq ;n which. health caxe services
are. provided for treatment of human or
animal out-~ati:.ents•
The. J?zovidn.g a~ goads ar se.xVi.ces for
conlpensatimn
olic:es and. pro owls aPPxoyed by the
The p P
Citx Council as 'a guide to the development.
of the Ci y of Whslow by its Resolution
day 4f Anri1 '
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zone which are
~ use listed ampng those in a
~ermi,tte.d only a;~t,ex the issuance of a
hermit speci~yin~ the: teams a.nd conditions
of the use.
h Council of the City of Wi.nsl.ow.
Conn xehensi.ve P'T'an
Condit?:onal. t)s.e.:
Counc.l:
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DaY CaXe. Ce:nt,'ex
Dw e:l l in. g
T e
~ bui,l,din~ r 1i:cen.sed by the State of
Wa,sh.i:ngton { n which paxental care and
education. is.'pzoVided for children during
the. day.
~ bui.l.dng ar portion thereof designed or
used a,s a dwelling uni,t•
-32^
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,~° `, Dwelling Multi-Family: A building designed. or used as a
residence for two or more families.
Dwelling Single-Family: A building designed or used as a
residence. for one and only family.
Dwelling Unit: A suite of one, or more rooms containing
sleeping, baahing and kitchen facilities
for occupancy for one family.
Excavation: The removal. of natural earth material
from its original location.
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.
Filling: The deposition of any material on a site
which raises the surface elevation above
its original natural elevation before
filling of hand or bed of a body of water
or stream.
Flcor Area: The total area. of all floors within the
walls of a building.
Garage: A building or portion of a building
designed or used. for the shelter of
vehicles and. enclosed on at least three
sides.
Grade: The lowest point of elevation of the
finished surface of the ground, paving
or sidewalk within the area between the
building and aline five feet from the
building..
-33-
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Health Care Facility: A building or buildings used for human
or animal health care.
Height of Structure: Height of building is the vertical distance
above grade. to the highest point of the
coping of a flat roof or to the deck line
of a mansard roof or to the average
height of the highest gable of a pitched
or hipped roof. The measurement may be
taken from the highest adjoining sidewalk
or ground. surface within a 5-foot
horizontal distance of the exterior wall
of the building, when such sidewalk or
ground surface is not more than 10 feet
above grade. The height of a stepped
or terraced building is the maximum height
of any segment of the building.
Home Occupation: An occupation carried on within a dwelling
or building accessory to a .residence by
members of the family dwelling therein.
Retail sales or other businesses which
generate substantial traffic or noise are
not construed to be home occupations.
There may be one employee who is not a
member of the family.
Hotel-Motel: 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 grid other purposes.
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Junkyard: A place where. odds and ends, waste,
discarded or salvaged materials are bought,
sold, exchanged, or handled. The term
includes automble and building wrecking
yards_ It does not include establishments
dealing with used furniture or household
fixtures, used oars, 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.
Kitchen: A room or area in a dwelling unit designed
or used for preparing food.
Lot: A platted or unp atted parcel or tract of
land.
Lot Area: The total horizontal area within the lot
lines, excluding any area seaward of the
line of extreme high tide.
Lot Coverage: That portion of the total lot area that may
be covered by structL~.res.
Lot Corner: A lct bounded on two adjacent sides by roads.
Lot Line, Front: The lot line separatinv the lot from any stye
Lot Line, Rear: The lot line opposite and most distance from
the front lot line when the lot extends to
tidal water, the rear lot line is the line of
mean higher high water.
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•. Lot Line, Side: Any lot line_not located at the front or
,~
rear of the lot .
Lot-Through: A lot having frontage on two streets trat
~~
do not intersect at a lot line.
Mobile home: A dwelling unit,. which. is .fabricated off of
the building site:
(1) Transported to the site on wheels
attached to the structure,. and
(2) assembled and/or installed on a building
site.
Mobile Home Park: A PUD, three acres or larger, containing only
mobile and modular homes and accessory
buildings. Mobile home parks may .have no
more than six dwelling units per acre.
Modular Home.: A dwelling unit:
(1) fabricated off of the building site;
(2) assembled and/or installed on a building
site;
(3) certified by the Washington State Dept.
of Labor and .Industries.
Non-Conforming Use: A use which lawfully occupies a building or
structure or lot at the time this Ordinance
or amendments became effective and which
does not conform to the provisions of this
Ordinance.
Non-Conforming A structure which was lawfully designed
Strueturec and constructed prior to adoption cf this
Ordinance or applicable amendments thereto,
but which does not conform to present
regulations of the Code.
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-36-
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Non'--Conforming Lot.
,Any lot which was lawfully subdivided at
the time this Ordinance or applicable
amendments thereto became effective and
does not conform to the provisions of
this Ordinance.
Nuisance: The performance of an act or the failure
to perform a duty, whose performance or
non performance either annoys, injures or
endangers the comfort, repose, health or
safety of others, offends the decency or
unalwfully interferes with, obstructs or
tends to obstruct or renders dangerous for
passage any b~.y, stream,. basin or lake or
any public park, square, street or highway,
or in any way .renders other persons insecure
in life or in the use of property.
Pazk~.ng Lot: An area intended to accommodate three or
more parked vehicles.
Parking Space: A space cn a .lot within or without a building
exclusive of access drives at least, nine by
twenty .feet used to park a vehicle and
haying access to a public street. parking
spaces for small cars shall not be less
than seven and one half feet by sixteen feet.
P1,anned Unit ~ orderly grouping of structures, landscapir
'Deye opment:
open spaces recreational facilities or other
fe~.tures so planned as to provide a coordinate:
designed environment.
-37-
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Principal Uses The primary or predominate use to which the
•-,
~ lot or building is or may be devoted to
which all ether uses are accessory.
Public Service
Commercial e
Street:
Structure:
Trailer
Use:
Commercial activities which provide professiona]
and personal services to the public.
A public or private thoroughfare which provides
vehicular access.
Any man-made assemblage of materials extending
above or below the surface of the earth and
affixed or attached thereto.
(1) A vehicle designed for short term living,
small enough to .be towed by an automobile.
(2) A vehicle de i:gned to transport animals or
property of any kind when towed by ar.
automobile or truck..
The purpose land, buildings, or structures now
serve or for which-such is occupied, arranged,
designed,. or intended.
Use. and Occupancy A permit required under this Ordinance to use.
Permit:
or occupy property, buildings, or structures.
Variance: The means by which an adjustment is made in
the application of the specific regulations
' ~ of this Ordinance to a specific piece of
property, which because of special circumstances..
applicable to it, is deprived of privileges
commonly enjoyec? by other properties in the.
same zone or vicinity and. which adjustment
remedies disparity in .privileges.
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Yard:
Yard-Front:
Varri-Raar~
Yard=Side:
Zone:
Zoning Map:
An open space on a lot or parcel which
is required by this Ordinance to be unoccupied.
and unobstructed from the ground upward
except as otherwise provided in this Ordinance.
A yard extending across the full width of
the lot between the principal building acid the
front lut linerneasuredlhorizontally from the.
nea-rest part of the principal building as
required by the section of this Ordinance for
the zone in which the lot is located.
A yard extending across full width of the lot
between the principal building and the rear lot
line measured horizontally from the furthest
part of the principal building except where
the lot adjoins tidal water the rear yard shall
be measured from the line of mean higher high
water as required by the section of this
Ordinance for the zone in which the lot is
located.
A yard extending across full width of the l.ot
between the principal bu~.lding and the side lot
measured horizontally from the farthest
part of the principal building as required
by the section of this Ordinance for the zone
in which the lot located.
One of the classifications of permitted use
into which the land area of the city is divided.
The official map wh;.ch illustrates and
delineates boundaries of the various zoning
districts.
-39-
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5.0 REPEALER
;..~
'`- Ordinance 69-16 i,s hereby repealed..
,,~`
6.0 ADOPTION
Adopted by the City Council of the City of
Winslow at a regular meeting on the 4th day of
June , 1979 with. a quarum present by a vo e of
four (4) for and none (0) against after public
hearings and due notice.
G~GP,~c<
Mayor
!! ATTEST:
Clerk Treasu ex'
approved as to form:
1 ~~
o ert W. McKisson
City Attorney
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.,
CITY OF WINSLOW
ZONING ORDINANCE
1979
REPLACED BY
ORD. ~87--30
1987
Chapters:
18.04
18.08
18.12
18.16
18.20
18.24
18.28
18.32
18.36
18.40
18.44
18.46
18.48
18.52
18.56
18.60
18.64
18.68
18.72
18.76
Title 18
ZONING
Comprehensive Plan
General Provisions
Definitions
Creation of Zones, Boundaries and Zoning Map
High Density Multifamily Residential Zone
Medium l~efisity Multifamily'Residential Zone
High Density Single-family Residential Zone
Medium Density Single-family Residential Zone
Low Density Single-family Residential Zone
Planned Unit Development
Commercial Zone
Central Business District Remodeling
Requirements
Industrial Zone
Zone of Special Significance
General Regulations
Nonconforming Lots, Uses and Structures
Use and Occupancy Permit
Applications, Hearing and Appeal
Administration
Enforcement and Penalty
NOTE F,~omotes are numbered throughout the text and are located at the end
of this Title.
229
(x,vinMow 5-85)
18.04.010-18.04.040
Chapter 18.04
COMPREHENSIVE PLAN
Sections:
18.04.010 Definitions.
18.04.020 Authority.
18.04.030 Policy.
18,04.040 Declaration.
18.04.010 Definitions.
The "comprehensive plan" of the city is that
coordinated plan formulated and recommended
by the planning agency, from time to time, and
adopted by the city council relating to the regu-
lations of land use, establishing standards of
population density, establishing standards of
rights-of-way. improvement of public streets,
Iocation and development of parks and play-
grounds. orientation of lots, alignment. classifi-
cation, and location of streets, structural and en-
vironmental requirements of buildings, and
establishment of public improvement programs.
ford. 100§ 1, 1961)
18.04.020 Authority.
The planning agency is charged with the
responsibility of studying, preparing, analyzing,
and formulating of such ordinances which con-
tain regulatory measures of public policy, and
shall hold public hearings, and shall recommend
such ordinances and other public policy recom-
mendations for presentation to the city council
for enactment. ford. 100 § 2, 1961)
18.04.030 Policy.
A It shall be an official policy, in making
decisions in regard to the location, size, and
tent of industrial, residentiai, school, park.
commercial and utility sites and buildings, to
take into consideration specific standards re-
garding each of these land uses. Said standards.
with revisions and amendments, shall be an
integral part of the following policies.
B. It shall be an official policy when any land
use rec]assification is to occur between any
abutting govermnental agencies that lie within
the boundaries of this organization that tile
agency which initiates the action shall notify
the abutting agency before any positive action
is taken.
C. It shall be an official policy that minutes
and official decisions of this body be for-
warded to the members of the city council.
D. It shall be an official policy in the de-
veloping of the comprehensive plan that all
community clubs, professional clubs, news-
papers, etc., be made aware of any change
before the change is implemented.
E. In developing community and neighbor-
hood plans, it shall be an official policy to segre-
gate conflicting land uses, to group together
similar land uses, to prevent encroachment or
infiltration of conflicting land uses.
F. It shall be an official policy to conserve
and protect as far as possible our future road
fights-of-ways, future schools, park sites, water-
ways and natural resources.
G. It shall be an official policy to relate tile
location of the thoroughfares in direct relation
to topography and to prevailing use of the land
they serve. The design and location of thorough-
fares and highways shall be planned in conjunc-
tion with tile city engineer.
H. It shall be an official policy that standard-
ization of setbacks, height restrictions, per-
formance standards, building requirements, fire
codes, health regulations, etc., be uniform
throughout the jurisdiction of this commission.
(Ord. I00 § 3, 1961)
18.04.040 Declaration.
Tile city council, in making this declaration.
establishes that the forerelation of all public
policy shall hereafter be in accordance with the
provisions of this portion of the comprehensive
plan, as contained in this chapter, and as may be
amended from time to time. (Ord. 100 ~ 4,
1961)
231
I S.0S.0 10-18.08.040
Chapter 18.08
GENERAL PROVISIONS
Sections:
18.08.010
18.08.020
18.08.030
18.08.040
Minimum standards.
Provisions not to abrogate
easements. covenants or other
restrictions.
Municipal improvements.
Amendments to title, zoning
map or comprehensive plan.
18.08.010 Minimum standards.
The standards and criteria expressed in this
title shall be interpreted as minimum standards
and when two requirements of this title con-
fiict, the one imposing the greater restriction
shall apply. (Ord. 79-15 § 3.13, 1979)
18.08.020 Provisions not to abrogate
easements, covenants or other
restrictions.
The provisions of this title shall not abrogate
easements, covenants, or other restrictions of
record imposed on properties in the city. (Ord.
79-15 § 3.14, 1979)
18.08.030 Municipal improvements.
No municipal improvement approved by the
city council shall be subject to the provisions of
this title. (Ord. 79-15 § 3.17, 1979)
18.08.040 Amendments to title, zoning map
or comprehensive plan.
Any property owner, contract purchaser, or
representative thereof who has been designated
as such in writing. or the city council may pro-
pose amendments to this title, the zoning map
and to the comprehensive plan. All amendment
proposals shall be processed in accordance with
the provisions of the hearing procedure ordi-
nance. codified at Chapter 2.16. (Ord. 79-15 ~
~ 12. 1979)
Sections:
18.12.010
18.12.020
18.12.030
18.12.040
18.12.050
18.12.060
18.12.070
18.12.080
18.12.090
18.12.100
18.12.110
18.12.120
18.12.130
18.12.140
18.12,150
18.12.160
18.12.170
18.12.180
18.12.190
18.12.200
18.12.210
18.12.220
18.12.230
18.12.240
18.12.250
18.12.260
18.12.270
18.t2,280
18.12.290
18.12.300
18,12,310
18.12,320
18.1-2 330
18.12,340
18.12.350
18.12.360
18.12.370
18.12.380
18.12.390
18.12,400
18A2.410
18.12.420
232
Chapter 18.12
DEFINITIONS
Accessory building.
Accessory use.
Agency.
Alley.
Apartment.
Building.
Building area.
Building official.
Carport.
Clinic.
Commercial use.
Comprehensive plan.
Conditional use.
Council.
Day care center.
Dwelling.
Dwelling, multifamily.
Dwelling, single-family.
Dwelling unit.
Excavation.
Family.
Filling.
Floor area.
Garage.
Grade.
Health care facility.
Height of structure.
Home occupation.
Hotel-moteh
Junkyard.
Kennel.
Kitchen.
Lot.
Lot area.
Lot, corner.
Lot coverage.
Lot line, front.
Lot line. rear.
Lot line, side.
Lot, through.
Mobile home.
Mobile home park.
18.12.010-18.12. I30
18.12.430 Modular home.
18.12.440 Nonconforming lot.
18.12.450 Nonconforming structure.
18.12.460 Nonconforming use.
18,12.470 Nuisance.
18.12.480 Parking lot.
18.12.490 Parking space.
I8.12,500 Planned unit development.
18.12,510 Principal use.
18.12.520 Public service, Commercial.
18.12.530 Street.
18.I2.540 Structure.
18.12,550 Trailer.
18.12,560 Use.
18.12,570 Use and occupancy permit.
18.12.580 Variance.
18.12.590 Yard.
18.12,6OO Yard, front.
18.12.610 Yard, rear.
18.12,620 Yard, side.
18.12.630 Zone.
18.12.640 Zoning map.
18.12.010 Accessory building.
"Accessory building" means a subordinate
structure which is incidental to the principal
structure on the same lot. (Ord. 7%15 § 4.0
(part). 1979)
18.12.020 Accessory use.
"Accessory use" means a use customarily
incidental and related to the principal use on
the same lot. (Ord. 79-15 § 4.0 (part), 1979)
18.12.030 Agency.
"Agency" means the planning agency of the
city. ford. 79-15 § 4.0(part),1979)
18.12.040 Alley.
"Alley" means a public thoroughfare or pri-
vate way which is permanently reserved. serving
as a secondary means of access to an abc~tting
property. lord. 79-15 § 4.0 (part), 197%
I8.12,050 Apartmenk
"Apartment" means a room or suite o( rooms
comprising part of a building which contains
living. cooking, sleeping. and bathing facilities
and is suitable for occupancy by one family.
(Ord. 79-15 ,~ 4.0(part). 1979)
18.12.060 Building.
"Building" means any structure having a roof.
designed for shelter of persons. animals or
property. (Ord. 79-15 § 4.0 (part), 1979)
18.12,070 Building area.
"Building area" means the ground area en-
compassed within the walls of a building. (Ord.
79-I5 § 4.0(part), 1979)
18.12.080 Building official.
"Building official" means the person. or per-
sons, or firm designated by the city to insure
compliance with the provisions of this title.
(Ord. 79-15 ~ 4.0(part). 197%
18.12.090 Carport.
"Carport" means a covered sheRer for one or
more vehicles which is open on at least two
sides. (Ord. 79-15 § 4.0 (part), 1979)
18.12.100 Clinic.
"Clinic" means a building in which health
care services are provided for treatment of
human or animal out-patients. (Ord. 79-15 § 4.0
(part), 1979)
18.12.110 Commercial use.
"Commercial use" means the providing of
goods or services for compensation. (Ord. 79-15
~ 4,0(part), I979)
18.12.120 Comprehensive plan.
"Comprehensive plan" means the policies and
proposals approved by the city council as a
guide to thc development of the city by its
Resolution No. 75-2 of the seventh day of April,
1975. tOrd. 79-15 § 4.0(part), t979)
18.12.130 Conditional use.
"Conditional rise" means a use listed among
233
18.12.40-18.12.270
those in a zone which are permitted only after
the issuance of a permit specifying the ternis and
conditions of the use. ford. 79-15 § 4.0 (part),
1079t
18. t 2.140 Council.
"Council" means the council of the city.
~Ord. 79-15 § 4.0 (part). 1979)
18.12.150 Day care center.
"Day care center" means a building. licensed
by the state, in which parental care and educa-
tion is provided for children dunng the day.
(Ord. 79-15 § 4.0 (part), 1979)
18.12.160 Dwelling.
"Dwelling" means a building or portion there-
of designed or used as a dwelling unit. ford.
79-15 § 4.0(part), 1979)
18.12,170 Dwelling, multifamily.
"Multifamily dwelling" means a building de-
signed or used as a residence/'or two or more
Families. ford. 79-15 § 4.0 (part). 1979)
t8.12.180 Dwelling, single-family.
"Single-family dwelling" means a building de-
signed or used as residence for one and only one
family. ford. 79-15 § 4.0 (part), 197%
18.12.190 Dwelling unit.
"Dwelling unit" means a suite of one or ~nore
rooms containing sleeping, bathing and kitchen
facilities for occupancy for one family. (Oral.
70-15,5 4.0(part), 1979)
18.12.200 Excavation.
"Excavation" meaus tile removal of natural
earth material from its original location. ford.
79-15 § 4.0(part), 1979)
18.12.210 Family.
"Family" means 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.
234
However, not more than five such persons. when
not related by kinship, coustitutes a family.
ford. 79-15 § 4.0 (part). 1979)
18.12.220 Filling.
"Filling" tile deposition of any material on
a site which raises the surface elevation above its
original natural elevation before filling of land or
bed of a body of water or stream. ford. 79-15
§ 4.0 (part), 1979)
18.12.230 Floor area.
"Floor area" means the total area of all floors
within the walls of a building. ford. 79-15 § 4.0
(part), 1979)
18.12.240 Garage.
"Garage" means a building or portion of a
building designed or used for the shelter of
vehicles and enclosed on at least three sides.
(Oral. 79-15 § 4.0 (part), 1979)
18.12.250 Grade.
"Grade" means the elevation of the average
original surface of the ground, paving or side-
walks within the area between the building and
a line five feet from the building. ford. 81-14
§ 11. 1981: Ord. 79-15 § 4.0 (part), 1979)
18.12.260 Health care facility.
"Health care facility" means a building or
buildings used for human or animal health
care. ford. 79-15 § 4.0 (part), 1979)
18.12.270 Height of structure.
"Height of structure" is the vertical distance
above grade to the highest point of the coping
of a fizrt root' or to tile deck line of a mansard
root' or to the average height of the highest
gable of a pitched or hipper roof. The measure-
ment may be taken from the highest adjoining
sidewalk or ground surface within a five-foot
horizontal distance of the exterior wall of the
building. when such sidewalk or ground surface
is not more than ten feet above grade. The
height of a stepped or terraced building is the
18.12.280-18.12.410
nlax[mtnn height of an.,,, segment of the bnild-
ing. (Oral. 79-15 § 4.0(part), 1979)
18.12.280 Home occupation.
"Home occupation" means an occupation
carried on within a dwelling or building acces-
sory to a residence by members of the farnil>'
dwelling therein. Retail sales or other businesses
which generate substantial traffic or noise arc
not construed to be home occupations. There
may be one employee who is not a member of
tile faillily. (Ord. 79~I 5 § 4.0 (part), 1979)
18.12.290 Hotel-motel.
'~Hotel-motel" means 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. (Ord. 79-15 § 4.0
(part). 1979)
18.12.300 Junkyard.
"Junkyard" means a place where odds and
ends, waste, discarded or salvaged materials are
bought, sold, exchanged, or handled. The term
includes automobile and building wrecking
yards. It does not include establishments dealing
with used furniture or household fixtures. used
cars, or machinery in operahie condition. (Ord.
79-15 § 4.0(part). 1979)
18.12.310 Kennel.
"Kennel" means 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 ['or use and enjoyment. A commercial
kennel is maintained to board. breed, or treat
tile animals for profit. (Ord. 79-15 § 4.0 Ipart).
1979'}
18.12.320 Kitchen.
"Kitcinch" means a room or area in a dwell-
ing unit designed or used for preparing food.
(Ord. 79-15 § 4.0 (part), 1979)
235
18.12.330 Lot.
"Lot" means a platted or unplatted parcel
or tract of land. (Ord. 79-15 § 4.0 (part), 1979)
I8.12.340 Lot area.
"Lot area" means the total horizontal area
within the lot lines. excluding any area seaward
of the line of extreme high tide. (Oral. 79-15
§ 4.0 (part). 1979)
18.12.350 Lot, corner.
"Corner lot" means a lot bounded on two
adjacentsides by roads.(Ord. 79-15 § 4.0(parO,
1979)
t8.12.360 Lot coverage.
"Lot coverage" means that portion of the
total lot area that may be covered by structures.
(Ord. 79-15 § 4.0 (part). 1979)
18.12.370 Lot line. front.
"Front lot line" means the lot line separating
the lot from any street. (Ord. 79-15 .~ 4.0 (part).
1979)
18.12.380 Lot line. rear.
"Rear lot line" means the lot line opposite
and most distant from the front lot line when
tile lot exteuds to tidal water; the rear lot line is
the line of mean higher high water. (Ord. 79-15
§ 4.0 (part). 1979)
18.12.390 Lot line, side.
"Side lot line" means any lot line not located
at the front or rear of the lot. (Ord. 79-15 § 4.0
(part), 1979)
18.19.2_.400 Lot, through.
"Through lot" means a lot having frontage
on two streets that do not intersect at a lot line.
(Ord. 79-15 § 4.0(part), 1979)
18.12.410 Mobile home.
"Mobile home" means a dwelling unit which
is:
A. Fabricated off of tile building site:
1812.420 18.12.520
B. Transported to the site on wheels attached
to the structure; and
C. Assembled and/or installed on a building
;ire. (Ord. 79-15 g 4.0 (part), 1979)
18.12.420 Mobile home park.
"Mobile home park" means a PUD, three
acres or larger, containing only mobile and
modular homes and accessory buildings. Mobile
home parks may have no more-than six dwelling
units per acre. (Ord. 79-15 § 4.0 (part), 1979)
18.12.430 Modular home.
"Modular home" means a dwelling unit:
A. Fabricated off of the building site:
B. Assembled and/or installed on a building
site;
C. Certified by the State Department of
Labor and Industries. (Ord. 79-15 § 4.0 (part).
] 979)
18.12.440 Nonconforming lot.
"Nonconforming lot" means any lot which
was lawfully subdivided at the time the ordi-
nance codifed in this title, or applicable amend-
ments thereto, became effective and does not
conform to the provisions of this title. (Ord.
79-15 § 4.0(part). t979)
18.12.450 Nonconforming structure.
"Nonconforming structure" means a struc-
ture which was lawfully designed and con-
structed prior to adoption of the ordinance
codified in this title, or applicable amendments
thereto. but which does not conform to present
regulations of the code. (Ord. 79-15 § 4.0 (part),
1979)
18.12.460 Nonconforming use.
"Nonconforming use" means a use which law-
fully occupies a building or structure or lot at
the time tile ordinance codified in this title. or
amendments thereto. became effective and
which does not conform to the provisions oI this
title (Ord. 70-15 ,~ 4.0(part). 1979)
18.12.470 Nuisance.
"Nuisance" fneans the performance of an act
or the failure to perform a duty, whose perform-
ante or nonperformance either annoys, injures
or endangers the comfort, repose, health or
safety of others, offends the decency or unlaw-
fully interferes with, obstructs or tends to ob-
struct or renders dangerous for passage any bay.
stream, basin or lake or any public park, square,
street or highway, or in any way renders other
persons insecure in life or in the use of property.
(Ord. 79-15 § 4.0 (part), 1979)
18.12.480 Parking lot.
"Parking lot" means an area intended to
accommodate three or more parked vehicles.
(Ord. 79-15 § 4.0 (part), 1979)
18.12.490 Parking space.
"Parking space" means a space on a lot within
or without a building exclusive of access drives
at least nine by twenty feet used to park a
vehicle and baring access to a public street. Park-
ing spaces for small cars shall not be less than
seven and one-half feet by sixteen feet. (Ord.
79-15 § 4.0 (part), 1979)
18.12.500 Planned unit development.
"Planned unit development" means an
orderly grouping of structures, landscaping.
open space. recreational facilities or other fea-
tures so planned as to provide a coordinated de-
signed environment. (Ord. 79-15 § 4.0 (part),
1979)
18.12.510 Principal use.
"Principal use" means the primary or predom-
inant use to which the lot or building is or may
be devoted to which all other uses are accessory.
(Ord. 79-15 § 4.0 (part), t979)
18.12.520 Public service, commercial.
"Commercial public services" means com-
mercial activities which provide professional
and personal services to the public. (Ord. 79-15
~ 4.0{part), 1979)
236
8.12.530-18.12.640
18.12.530 Street.
"Street" means a public or private thoroug!~-
fare which provides vehicular access. (Ord. 79-I5
§ 4.0(part), 1079)
18.12.540 Structure.
"Structure" means any manmade assemblage
of materials extending above or below tile sur-
face of the earth and affixed or attached tl:er~-
to. (Oral. 79-15 § 4.0(part), 1979)
18.12.550 Trailer. "Trailer" means:
A. A vehicle designed for short-teN living,
small enough to be towed by an automobile:
B. A vehicle designed to transport animals or
property of any kind when towed by an auto-
mobile or truck. (Oral. 79-15 § 4.0 (part). 1979)
18.12.560 Use.
"Use" means the purpose land, buildings, or
structures now serve or for which such is occu-
pied. arranged, designed, or intended. (Ord.
79-15 § 4.0(part), 1979)
18.12.570 Use and occupancy permit.
"Use and occupancy" means a permit
required under this title to use or occupy prop-
erty, buildings. or structures. (Ord. 79-15 § 4.0
(part). 1979)
18.12.580 Variance.
"Variance" means the means by which an
adjustment is made in the application of tbe
specific regulations of this title to a specific
piece of property, wt~ich because of special
circumstances applicable to it is deprived or'
privileges commonly enjoyed by other prop-
erties in the same zone or vicinity and which ad-
jtlstment remedies disparity in privileges. (Ord.
79-15 § 4.0(part), 1979)
18.12.590 Yard.
"Yard" means an open space on a lot or
parcel whict~ is required by tills title to be
unoccupied and unobstructed from tile ground
upward. except as otherwise provided in this
title. (Ord. 79-15 § 4.0 (part), 1979)
18.12.600 Yard, front.
"Front yard" means a yard extending across
the full width of the lot between the principal
building and the front lot line measured hori~
zontally from the nearest part of the principal
building as required by the section of this title
for the zone in which tile lot is located. (Ord.
79-15 § 4.0(part), 1979)
18.12.610 Yard, rear.
"Rear yard" means a yard extending across
full width of the lot between the principal build-
ing and the rear lot line measured horizontally
from the furthest part of the principal building,
except where the lot adjoins tidal water the rear
yard shall be measured from the line of mean
higher high water as required by the section of
this title for the zone in which tile lot is located.
(Ord. 7%15 § 4.0 (part). 1979)
18.12.620 Yard, side.
"Side yard" means a yard extending across
full width of the lot between the principal
building and the side lot measured horizontally
from the farthest part of the principal building
as required by tile section of this title for the
zone in which the lot is located. (Oral. 7%15
§ 4.0 (part). 1979)
18.12.630 Zone.
"Zone" means one of the classifications of
permitted use into wl~ich the land area of the
city is divided, (Ord. 79-15 § 4,0 (part), 1979)
18.12.640 Zoning map.
"Zoning map" means tile official map wt:ich
illustrates and delineates boundaries of the
various zoning districts, (Ord. 79-15 § 4.0
1979)
237
18.10.010-18.16.040
Chapter 18.16
CREATION OF ZONES, BOUNDARIES
AND ZONING MAP
Sections:
18.16.010
18.16.020
18.16.030
18.16.040
Zones-Created.
Zones-Designated.
Official zoning map.
Zoning district boundaries.
18.16.010 Zones-Created.
To implement the purposes of this title, the
city shall be divided into zones consistent with
tbe comprehensive plan of the city. A map or
maps describing these zones shall be adopted
as part of this title and shall be filed at the
office of the city clerk, and the boundaries of
the zones shall be as delineated on the map or
maps as now adopted or hereafter duly
amended. (Oral. 79-15 § 1.0, 1979)
18.16.020 Zones-Designated.
A. High density ~nultifamily residential zone:
B. Medium density multifamily residential
zone:
C. Hi~ density single-family residential zone:
D. Medium density single-family residential
Zone;
E. Low density single-family residential zone;
F. Planned unit developments;
G. Commercial zone;
H. Industrial zone;
J. Zone of special significance. (Oral. 79-15
(part/, 1979)
18. I6.030 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 the Zoning Ordi-
nance of the City of Winslow, Washington,
adopted June 4, 1979. If, in accordance with
the provisi.3ns of this Code, changes are made
in zoning district boundaries or other matter
238
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 Mayor and
attested to by the City Clerk.
All amendments to the Official Zoning Map
shall be immediately transmitted and filed
with the Kltsap County Planning Department.
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.
(Ord. 79-15 § 1.1, 1979)
18.16.040 Zoning district boundaries.
A. Boundaries indicated as approximately
following the centerlines of streets, highways
and freeways shall be construed to follow such
centerlines.
B. Boundaries indicated as approximately
following platted lot lines shall be construed as
following such lot lines.
C. Boundaries indicated as approximately
following city limits shall be construed as
following city limits.
D. Boundaries indicated as approximately
following shorelines shall be construed to follow
such shorelines, and in the event of change in
the shoreline shall be construed as moving with
the actual shoreline.
E. That portion of Puget Sound which is
adjacent to the city between the uplands front-
ing thereon and over any tidelands or shore-
lands intervening between such upland bound-
ary 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 unless
otherwise designated.
18.20.010--18;20.040
F. Boundaries indicated as parallel to or ex-
tensions of feattires indicated in subsections A
through D of tills section shall be so construed.
Distances not specifically indicated on the
official zoning map shall be determined by the
scale of the map.
G. Where physical or other features existing
on the ground are at variance with those shown
on the official zoning map, or in other circum-
stances not covered by subsections A through
F of tl~s section, the agency shall interpret tim
zoning district boundaries.
H. Developments within two hundred feet of
tire shoreline shall be subject to the Winslow
shoreline management master program. (Ord.
81-t4 § 1,3981: Ord. 79-15 § 1.2, 1979)
Chapter 18.20
HIGH DENSITY MULTIFAMILY
RESIDENTIAL ZONE
Sections:
18.20.010 Purpose.
18.20.020 Permitted uses.
18.20.030 Conditional uses.
18.20.040 kot area.
18.20.050 Lot coverage.
18.20.060 Yards.
18.20.070 Access requirements.
18.20.080 Bonus densities allowed.
18.20.010 Purpose.
The purpose of the high density multifamily
residential zone is to provide areas of high
density residential development which can
support public utility systems necessary for the
protection of the environment and allow the
maximum amenity for a large number of resi-
dences. These districts shall be located adjacent
to or near planned community centers and other
areas which are to be served by public utilities
in the near future. (Ord. 79-15 § 1.3 (part),
1979)
18.20.020 Permitted uses.
Permitted uses shall be as follows:
A. Single-family dwellings:
B. Multifamily dwellings;
C. Automobile parking facilities accessory to
residential development:
D. Undergronnd utilities:
E. Accessory uses and buildings 'normally
incidental to the above permitted residential
USeS;
F. Home occupations;
G. Community or public park and recreation
facilities;
H. Educational, cultural, governmental, reli-
gious, or health care facilities;
I. Planned unit developments;
J. Signs subject to the provisions of the sign
ordinance. (Ord. 79-I5 § 1.3 (part), 1979)
18.20.030 Conditional uses.
The following uses may be permitted with the
issuance of a conditional use permit:
A. Public and private utility buildings and
st ructures;
B. All structures over thirty-five feet in
height;
C. Parking lots not assocaited with residential
development:
D. Senior citizen housing projects utilizing
the bonus densities set forth in Section
18.20.080. (Ord. 84-22 § 1, 1984: Ord. 79-15
§ 1.3 (part), 1979)
18.20.040 Lot area.
Lot area shall be as follows:
A. The minimum lot area for single-family
residences shall be ten thousand square feet
where served by sanitary sewers.
B. TIm minimum lot area for single-family
residences shall be twenty thousand square feet
when not served by sanitary sewer.
C. The minimum net lot area for multifamily
dwellings shall be three thousand one hundred
square feet per dwelling tinit. (Ord. 79-15 § 1.3
(part), 1979)
239 (Winslow 5-85)
18.20.050-l $.20.080
18.20.050 Lot coverage.
The maximum lot area covered by buildings
shall not exceed twenty-five percent. (Ord.
79-15 ~ 1.3 (part), 1979)
18.20.060 Yards.
A. Front yards, rear yards and side yards
facing streets shall not be less than twenty-five
feet from any lot lines, planned fights-of-way
or road easements.
B. Side yards shall not be less than fifteen
feet in total sum with no side yard less than five
feet.
C. In case of structures over two stories high,
front and rear yard requirements shall be in-
creased by four feet for every story over two:
the side y~rd requirements shall be increased by
ten feet for every story over two.
D. No portion of any residential or accessory
structure shall be closer than ten feet from any
other residential or accessory structure.
E. Rear yards not facing streets shall be
fifteen feet. (Oral. 79-15 § 1.3 (part), 1979)
18.20,070 Access requirements.
A. Single-family residences shall have direct
access to a street or road easement.
B. Multifamily buildings shall have direct
access to a street or road easement and shall pro-
vide unobstructed access driveways exclusive
of the'required parking area as follows:
1. Two-way access drives not abutted by
parking shall provide at least twenty-two feet
of paved surface.
2. Two-way access drives abutted by parking
shall provide at least twenty-four feet of paved
SurfaCe.
3. One-way access drives not abutted by
parking shall provide at least twelve feet of
paved surface.
4. One-way access drives abutted by park-
ing shall provide at least twenty feet of paved
surface. lord. 79-15 § 1.3 (part), 1979)
18.20.080 Bonus densities allowed.
A. Qualified senior citizen housing projects
may be allowed the following density bonuses:
1. A minimum of one thousand square feet
of lot area per unit;
2. One parking space per unit shall be re-
quired: provided, however, that the hearing
examiner may allow the parking requirements
to be redt~ced to as low as one space per three
Lmits provided that the hearing examiner con-
siders the following criteria: (a) convenient
walking distance to public transportation,
grocery, drug stores and other necessary ser-
vices; (b) conditions of roads and sidewalks
in the vicinity; and (c) proximity to parks, cul-
tural and recreational facilities;
3. Maximum lot area covered by buildings
shall not exceed that allowed in the under-
lying zone.
B. All elderly housing projects desiring to
utilize the increase in density permitted by this
section shall first obtain a conditional use per-
mit from the hearing examiner. The applicant
must file with the land use administrator a
signed written statement that the following con-
ditions shall be met:
1. That so long as the project utilizes the
increased density allowance permitted by this
chapter, it shall qualify under the insured
mortgage program of the federal Department of
Housing and Urban Development or shall be
rented to elderly persons as defined by HUD or
persons otherwise qualified for social security
disability benefits;
2. In the event the above condition or any
imposed by the hearing examiner ceases to be
met, the conditional use permit may be revoked
by tl~e liedring examiner after a public hearing
called for said purpose. Upon revocation the
right to maintain an increase in the number of
units as permitted by this subsection for elderly
housing and the decrease in parking space
requirements shall terminate, and the owner or
their successors shall be required to meet
the underlying density and parking space
('~vmslow S 85) 240
18.24.010-18.24.030
requirements in effect for the subject property
at that time;
3. The owner shall execute a covenant which
shMI run with the land naming the city as
grantee which will state the number of units
which will then be permitted and the nunsher
of parking spaces which will then be required
if ~he conditional use permit is revoked:
4. The area which would otherwise be used
for parking but for the decreased number of
spaces required under this chapter shall be land-
scaped and shall not be used for construction
of permanent structures. (Ord. 84-22 ~ 2, 1984)
Chapter 18.24
MEDIUM DENSITY MULTIFAbIILY
RESIDENTIAL ZONE
Sections:
18.24.010 Purpose.
18.24.020 Permitted uses.
18.24.030 Conditional uses.
18.24.040 Lot area.
18.24.050 Lot coverage.
18.24.060 Yards.
18.24.070 Access requirements.
18.24.010 Purpose.
The purpose of the medium density multi-
family zone is to provide for medium density
multifamily residential areas in pleasant, uncon-
gested surroundings allowing for the maximum
amenities for the occupants. (Ord. 79-15 § 1.4
(part), 1979)
18.24.020 Permitted uses.
Permitted uses shall be as follows:
A. Single-family dwellings:
B. Multifamily dwellings:
C. Underground utilities;
D. Accessory uses and building normally
incidental to the above permitted residential
uses;
E. Home occupations;
240-1
F. Community or public park and recreation
facilities;
G. Planned unit developments:
H. Automobile parking facilities accessory to
residential development;
I. Signs subject to the provisions of the sign
ordinance. (Ord. 79-15 § 1.4 (part), 1979)
18.24.030 ' Conditional uses. Conditional uses shall be as follows:
A. Public and private utility buildings and
st ruct ures;
B. All structures over thirty-five feet in
height;
C. Educational, cultural. governmental, reli-
gious or health care facilities:
D. Senior citizen housing projects utilizing
(Winslow 5-85)
18.24.040-18.28.020
the bonus densities set forth in Section
18.20.080. lord. 84-22 ~ 3. I984:Ord. 7%15 §
1.4 (part), I979)
18.24.040 Lot area.
A. The minimum lot area for single-famfiy
residences shall be ten thousand square feet.
B. TIle minimum lot area for single-family
residences shall be twenty thousand square feet
when not served by sanitary sewers.
C. The minimum lot m-ca tbr multifamily
dwellings shall be five thousand four hundred
square feet per dwelling unit. (Ord. 79-15 § 1.4
(part), 1979)
18.24.050 Lot coverage.
The maximum lot area covered by buildings
shall not exceed twenty-five percent. (Oral.
79-15 § 1.4 (part), 1979)
18.24.060 Yards.
A. Front yards, rear yards and side yards
facing streets shall not be less than twenty-five
feet from any lot lines, planned rights-of-way or
road easements.
B. Side yards shall not be le~s than fifteen
feet in total sum with no side yard less than five
feet.
C. In case of structures over two stories high,
front and rear yard requirements shall be in-
creased by four feet for every story over two;
the side yard requirement shall be increased by
ten feet for every story over two.
D. No portion of any residential or accessory
structure shall be closer than ten feet from any
other residential or accessory structure.
E. Rear yards not facing streets shall be
fifteen feet. (Ord. 81-14 § 2, 1981: Ord. 79-I5
(part), 1979)
18.24.070 Access requirements.
A. Single-family residences shall provide
direct access to a street or road easement.
B. Multifamily buildings shall have direct
access to a street or road easement and shall pro-
vidv unobstructed access driveways exciusive of
the required parking area as tbllows:
1. Two-way access drives not abutted by
parking shal} provide at least twenty-two feet of
paved surface.
2. Two-&ay access drives abutted by parking
shall provide at least twenty-four feet of paved
surface.
3. One-way access drives not abutted by
parking shall provide at least twelve feet of
paved surface.
4. One-way access drives abutted by parking
shall provide at least twenty feet of paved cur-
face. (Oral. 79-15 § 1.4 (part), 1979)
241
Chapter 18.28
HIGH DENSITY SINGLE-FAMILY
RESIDENTIAL ZONE
Sections:
18.28.010 Purpose.
18.28.020 Permitted uses.
18.28.030 Conditional uses.
t 8.28.030 Lot area.
18.28.050 Lot coverage.
18.28.060 Yards.
18.28.010 Purpose.
The purpose of the high density single-
family residential zone is to provide for urban
density single-family residential areas having
those community improvements and facilities
normally associated with urban area develop-
ment. (Ord. 79-15 § 1.5 (part), 1979)
18.28.020 Permitted uses.
l~ermitted uses shall be as follows:
A. Single-family dwellings;
B. Home occupations;
C. Underground utilities;
D. Structures normally accessory to resi-
dential uses;
E. Planned unit developments;
F. Signs subject to tile provisions of the sign
ordinance. (Ord. 79-15 ~ 1.5 (part), 1979)
(Winstow 5-85)
18.28.030-18.32.040
18.28.030 Conditional uses.
The following uses may be permitted with the
issuance of a conditional use permit:
A. Public and private utility buildings and
structures;
B. Structures over twenty-five feet in height
which demonstrate a particularly creative or
unique design;
C. Educational, cultural, governmental, reli-
gious or health care facilities. ford. 81-14 § 3(a),
1981: Ord. 79-15 § 1.5 (part), 1979)
18.28.040 Lot area.
A. The minimum lot area for a dwelling unit
shall be ten thousand square feet.
B. The minimum lot area for a dwelling unit
shall be twenty thousand square feet when not
served by sanitary sewers. ford. 79-15 § 1.5
(part), 1979)
18.28.050 Lot coverage.
The maximum lot area covered by buildbrigs
shall not exceed twenty-five percent. (Ord.
79-15 § 1.5 (part), 1979)
18.28.060 Yards.
A. Front yards, rear yards and side yards
facing streets shall not be less than twenty-five
feet from any lot lines, planned fights-of-ways,
or road easements.
B. Side yards shall not be less than fifteen
feet in total sum with no side yard less than five
feet.
C. In case of structures over two stories high,
front and rear yard requirements shall be in-
creased by four feet for every story over two;
the side yard requirements shall be increased by
ten feet for every story over two.
D. No portion of any residential structures
shall be closer than ten feet from any other
residential structure.
E. Rear yards not facing streets shall be
fifteen feet. ford. 81-14 § 3(b), 198l: Ord.
79-15 § 1.5 ipart), 1979)
Chapter 18.32
MEDIUM DENSITY SINGLE-FAMILY
RESIDENTIAL ZONE
Sec rio ns:
18.32.010 Purpose.
18.32.020 Permitted uses.
18.32.030 Conditional uses.
18.32.040 Lot area.
18.32.050 Lot coverage.
18.32.060 Yards.
18.32.0 t 0 Purpose.
The purpose of the medium density single-
family residential zone is to provide a suburban
residential area having those community im-
provements and facilities normally associated
with suburban development. ford. 7%15 § 1.6
(part), 1979)
18.32.020 Permitted uses.
Permitted uses shall be as follows:
A. Single-family dwellings;
B. Home occupations;
C. Underground utilities;
D. Structures normally accessory ~o residen-
tial uses;
E. Planned unit developments;
F. Signs subject to the provisions of the sign
ordinance. ford. 79-15 § 1.6 (part), 1979)
18.32.030 Conditional uses.
The following uses may be permitted with the
issuance of a conditional use permit.
A. Public and private utility buildings and
structures:
B. StFuctures over twenty-five Feet in height
which demonstrate a particularly creative or
unique design;
C. Educational, cultural, governmental, reli-
gious or health care facilities. ford. 81-I4 §
4(a), 1981: Ord. 79-15 § 1.6 (part), 1979)
18.32.040 Lot area.
A. The minimum lot area for a dwelling unit
jx, VinMow 5-85) 242
18.32.050-18.36.060
shall be twelve thousand five hundred square
fee t.
B- The minimum lot area for a dwelling unit
shall be twenty thousand square feet when not
served By sanitary sewers. (Ord. 79-15 §
1.6 (part), 979)
8.32.050 Lot coverage.
The maxmmm lot area covered by buildings
shall not exceed twenty-five percent. (Ord.
79-15 § 1.6 (part), 1979)
18.32.060 Yards.
A. Front yards, rear yards and side yards
facing streets shall not be less than twenty-five
feet from any lot lines, planned rights-of ways,
or road easements.
B. Side yards shall not be less than fifteen
feet in total sum with no side yard less than
five feet.
C. In case of structures over two stories high,
front and rear yard requirements shall be in-
creased by four feet for every story over two:
tile side yard requirements shall be increased by
ten feet for every story over two.
D. No portion of any residential structures
shall be closer than ten feet from any other resi-
dential structure.
E. Rear yards not facing streets shall be
fifteen feet. (Ord. 81-14 § 4(b), 198i: Ord.
79-15 § 1.6 (part), 1979)
Chapter 18.36
LOW DENSITY SINGLE-FA31ILY
RESIDENTIAL ZONE
Sectio us:
18.36.010 Purpose.
18.36.020 Permitted uses.
18.36.030 Conditional uses.
18.36.040 Lot area.
18.36.050 Lot coverage.
18.36.060 Yards.
18.36.010 Purpose.
The purpose of the low density single-family
residential zone is to provide a suburban resi-
dential area not requiring a full range of urban
community improvements and facilities. (Oral.
79-15 § 1.7 (part), 1979)
18.36.020 Permitted uses.
Permitted uses shall be as follows:
A. Single-famiIy dwellings:
B. Ftome occupations;
C. Underground utilities:
D. Structures normally accessory to resi-
dential uses:
E. Planned unit developments;
F. Agriculture, except food processing;
G. Signs subject to the provisions of the sign
ordinance. (Ord. 79-15 § 1.7 (part), 1979)
18.36.030 Conditional uses.
TIle following uses may be permitted with
the issuance of a conditional ose permit:
A. Public and private utility buildings and
st ruct tires;
B. Structures over twenty-five feet in height
which demonstrate a particularly creative or
unique design;
C. Educational, cultural, governmental, reli-
gious or health care facilities. (Oral. 81-14
§ 5(a), 1981: Ord. 79-15 § 1.7 (part), 1979)
18.36.040 Lot area.
A. The minimum lot area for a dwelling tinit
shall be fifteen thousand square feet.
B. The minimum lot area for a dwelling unit
shall be twenty thousand square feet when not
served by sanitary sewers. (Ord. 79-15 § 1.7
(par!}, 1979)
18.36.050 Lot coverage.
The maximum lot area covered by buildings
shall not exceed twenty-five percent. (Ord.
79-15 § 1.7 (part), 1979)
18.36.060 Yards.
A. Front yards, rear yards, and side yards
243
18.40.010-18.40.070
Facing streets shall not be less than twenty-
five feet from any lot lines, planned rights-of-
ways, or road easements. '
B. Side yards shall not be less than fifteen
feet in total sum with no side yard less than five
feet.
C. In case of structures over two stories high,
front and rear yard requirements shall be in-
creased by four feet for every story over two:
tile side yard requirements shall be increased
by ten feet for every story over two.
D. No portion of any residential structures
shall be closer than ten feet from any other
residential structure.
E. Rear yards not facing streets shall be
fifteen feet. (Ord. 81-14 § 5(b), 1981: Ord.
7%15 § 1.7 (part), 1979)
Chapter 18.40
PLANNED UNIT DEVELOPMENT
Sections:
18.40.010
18.40.020
18.40.030
18.40.040
18.40.050
18.40.060
18.40,070
18.40.080
18.40.090
18.40.100
Purpose.
Permitted uses.
Permitted density.
Minimum lot size.
Lot coverage.
Yards.
Building types.
Height of structures.
Maintenance of commonly
owned areas or areas open to use
of all residents.
Permit procedure.
18.40.010 Purpose.
The purpose of planned unit development is
to encourage development which would be as
good or better than that resulting from the
traditional lot by lot development. by apply-
ing tile pnnciples of excellent design: to per-
Illit flexibility of design and construction that
will allow creative approaches to develop-
merit resulting in a more efficient, aesthetic, and
244
desirable development; to encourage the preser-
vation of open space, natural vegetation and
natural ecological systems. (Ord. 79-15 § 1.8
(part), 1979)
18.40.020 Permitted uses.
Any use permitted outright or conditionally
permitted in the zone in which the planned unit
development is proposed is permitted. In
planned unit developments which include areas
which encompass more than one zone, the uses
permitted shall be allowed in the same pro-
portion as the areas in each zone. (Ord. 79-15
§ 1.8 (part), 1979)
18.40.030 Permitted density.
The number of dwelling units permitted in a
planned unit development shall be one hundred
fifteen percent of the density permitted in the
nnderlying zoning, provided it is demonstrated
that:
A. TIle PUD will be developed in such a
manner as to provide useable space for active
recreational purposes; and
B. That such development will not disturb or
degrade the natural systems and ecological
values of the area. (Ord. 79-15 § 1.8 (part),
1979)
18.40.040 Minimum lot size.
There shall be no minimum lot size. (Ord.
79-15 § 1.8 (part), I979)
18.40.050 Lot coverage.
TIle maximum lot area covered by buildings
shall not exceed twenty-five percent in residen-
tial development. There shall be no maximum
lot coverage in commercial development.
79-15 § 1.8 (part), 1979)
18.40.060 Yards.
Tilere shall be no minimnm yards req'uired.
(Ord. 79-15 ~ 1.8 (part). 1979)
18.40.070 Building types.
The allowed nutabet of dwelling tillitS in a
18.40.080 - 18.44.020
PUD may be constructed of single-family de*
tathod dwelling units, common wall, multi-
EamiIy units, or any combination thereof. In
commercial PUD's, up to sixty-six percent of the
gross floor area of the PUD may be devoted Io
residential uses not to exceed the number of
dwelling units permitted in a PUD in a high den-
sity multifamily residential zone. (Ord. 79-15 §
1.8 (part), 1979)
18.40.080 Height of structures.
Height of structures shall conform to the
heights specified for the underlying zone. (Oral.
81-I4 § 6, 1981: Oral. 79-15 § 1.8 (part), 1979)
18.40.090 Maintenance of commonly owned
areas or areas open to use of all
residents.
The applicant for a planned unit development
shall submit to the planning agency and city
attorney, covenants, deeds, maintenance agree-
ments, or other documents, and instruments
guaranteeing the maintenance of common
places and payment of taxes thereon within the
planned unit development for the reasonable
life of the buildings. The hearing examiner may
require a maintenance bond. (Oral. 79-15 § 1.8
(part), 1979)
18.40.100 Permit procedure.
A. An applicant seeking to develop property
as a planned unit development shall submit to
the agency plans, sketches, repoyts and other
data to illustrate fully the applicant's intent.
Such data shall include, but not be limited to,
a site plan at scale of not less than one inch
equals one hundred feet, showing building
location, traffic circulation, parking utilities
and proposed landscaping; floor plans and ele-
vations of buildings at a scale of not less than
one-eighth inch equals one foot; and any other
material deemed necessary by the agency for an
adequate design review. The work shall be done
according to the standards used by licensed
professionals.
B. The agency shall review the materials
245
submitted by the applicant and prepare recom-
mendations with respect to the proposed
planned unit development. It shall then forward
both its own recommendations and the dath
submitted by the applicant to the hearing
examiner for further action in accordance with
the hearings procedure ordinance. (Ord. 79-15
§ 1.8 (part), 1979)
Chapter 18.44
COMMERCIAL ZONE
Sections:
18.44.010 Purpose.
18.44.020 Permitted uses.
18.44.030 Conditional uses.
18.44.040 Minimum lot area.
18.44,050 Lot coverage.
18.44.060 Yards.
18.44.010 Purpose.
The purpose of the commercial zone is to pro-
vide retail and personal services to the residents
of the city and the visiting public. (Oral. 79-15
§ 1.9 (pan), 1979)
18.44.020 Permitted uses. Permitted uses shall be as follows:
A. Retail sales not requiring outdoor storage;
B. Personal and professional services~
C. Indoor entertainment and amusement~
D. Small appliance repair and similar uses;
E. Signs subject to the provisions of the sign
ordinance;
F. Commercial parking lots in accordance
with Sections 18.56.070 through 18.56.150~
G. Similar uses as determined by the building
official;
H. Community or public park and recrea-
tional facilities;
I. Educational, cultural, governmental, reli-
gious, or health care facilities:
J. Planned unit developments;
(%Vinslow 5-85)
18.44.030-18.46.030
K. Residences in accordance with the provi-
sions of Chapter 18.40, planned unit develop-
ments2
L.- Mobile home parks;
M. Single-family residences which were in
existence and being used as a single-family resi-
alenee prior to the enactment of this code.
Single*family zone regulations shall apply to
such single-family residences and shall be applied
on a case by case basis. (Ord. 81-14 § 7, 1981:
Ord. 7%15 § 1.9 (part), 1979)
I8.44.030 Conditional uses. Conditional uses shall be as follows:
A. Public and private utility buildings and
structures;
B. Structures over thirty-five feet high;
C. Other uses deemed likely to cause a nui-
sance if not otherwise controlled;
D. Senior citizen housing projects utilizing
the bonus densities set forth in Section
18.20.080. (Ord. 84-22 § 4, 1984; Ord. 79-15
§ 1.9 (part), 1979)
18.44.040 Minimum lot area.
There shall be no minimum lot area. (Ord.
79-15 § 1.9 (part); 1979)
18.44.050 Lot coverage.
The maximum lot area covered by buildings
shall not exceed thirty-five percent. (Ord. 79-I 5
§ 1.9 (part), 1979)
18.44.060 Yards.
Front, rear and side yards shall not totai less
than twenty feet. (Ord. 79-15 § 1.9 (part),
1979)
Chapter 18.46
CENTRAL BUSINESS DISTRICT
REMODELING REQUIREMENTS
Sections:
18.46.010
18.46.020
18.46.030
18.46.040
Definitions.
Zoning provisions modified.
Lhnitations.
Application.
18.46.010 Definitions.
The following definitions shall apply to the
terms of this chapter:
A. "Central business district" means that por-
tion of the city zoned high density commercial
as shown in Exhibit A of the ordinance codi~ed
in this chapter, on file in the o~ffice of the city
clerk.
B. "Eligible property" means those lots lying
within the central business district and being less
than thirty-eight thousand square feet in size.
C. "Existing building" means those build-
ings as of March I, 1984, which were used for
commercial purposes and which have been so
used since that time. (Ord. 84-19 § 1, 1984)
18.46.020 Zoning provisions modified.
Notwithstanding any other provision of the
Winstow zoning ordinance, as amended, when an
existing building on eligible property in the cen-
tral business district is remodeled, the building
and property need not meet the/'oilowing provi-
sions of the Winslow zoning code, provided the
applicant comply with all requirements of this
chapter:
A. Offstreet parking requirements as set forth
in Sections 18.56.070 through 18.56.150:
B. Lot coverage requirements as set forth in
Section 18.44.050;
C. Minimum yard requirements as set forth
in Section 18.44.040. (Ord. 84-19 § 2, 1984)
18.46.030 Limitations.
For the purposes of this chapter, the re-
modeling shall include additions to ex:sting
(Winslow S-85) '246
8.46.040 - 18.48.020
buildings ~vhich add twenty-five percent or more
of floor area or a minimun~ of one hundred
square feet to existing floor area provided any
such addition is confined to the same tax lot of
the existing bttilding. (Ord. 84-19 § 3. 1984)
18.46.040 Application.
Any person electing to meet the provisions
of Section 18.46.020 must first file an applica-
tion with the land use administrator who shall
determine ff the proposal complies with the pro-
visions of this chapter. The property owner or
authorized agent must sign an agreement in a
form approved by the city attorney agreeing not
to protest the formation of a LID for off-street
parking spaces in the central business district.
This agreement shall be recorded with the Kitsap
county auditor and be binding upon successors
in interest and assigns of the owner. (Ord. 84-19
§ 4, 1984)'
Chapter 18.48
INDUSTRIAL ZONE
Sections:
18.48.010
18.48.020
18.48.030
18.48.040
18.48.050
18.48.060
Purpose.
Permitted uses.
Conditional uses.
Minimum lot area.
Maximran lot coverage.
Yards.
18.48.010 Purpose.
The purpose of the industrial zone is to pro-
vide areas for the development of commercial
and industrial facilities, protect the uses of
adjoining zones, and protect the natural environ-
ment from potential air, water, noise, visual. or
other forms of pollution. (Oral. 79-15 § 1.10
(part), 1979)
18.48.020 Permitted uses.
Permitted uses shall be as follows:
A. Commercial uses, wholesale and retail,
not reqtfiring outdoor storage;
B. Signs subject to the provisions of the
sign ordinance;
C. Commercial parking lots in accordance
with the provisions of Sections 18.56.070
through 18.56.150;
D. Community or public park and recrea-
tional facilities;
E. Indoor entertainment and amnsement
facilities:
F. Educational, cultural, governmental, reli-
gious or health care facilities; G. Underground utilities;
H. Agriculture, except food processing;
I.. Accessory buildings associated with the
above uses;
J. Similar uses as determined by the building
official;
K. Permitted uses in industrial zones which
are subject to the Shorelines Management Act
shall include marine oriented commercial uses
including:
246-1
(winsll~w 5 85)
t ig.52,040--18.56-050
dams, landfills and manmade intrusions on the
natural state of the land; C. Forestry;
D. Home occupationsz
E. Community or public park and recrea-
tion facilities;
F. Residences and accessory buildings;
G. Commercial and industrial uses;
H. Signs. (Ord. 79-15 § 1.11 (part), 1979)
18.52.040 Development.
Prior to development of any property located
within the zone of special significance, the prop-'
erty owner must submit plans and obtain
approval of the proposed development in the
same manner required for applicants for planned
unit developments pursuant to the provisions of
Chapter 18.40. (Ord. 79-15 § l.tl (part), 1979)
Chapter 18.56
GENERAL REGULATIONS
Sections:
18.56.010
18.56.020
18.56.030
18.56.040
18.56.050
18.56.060
18.56.070
18.56.080
18.56.090
18.56.100
t8.56.110
18.56.120
18.56.130
18.56.140
18.56.150
18.56.160
Accessory buildings.
Fences.
Sight clearance.
Land scaping - Prose rv a rio n.
Landscap ing- Rep lacemen t.
Landscaping-lmprovement.
Parking-Space requirement.
Parking-Spaces required.
Parking-Location of spaces.
Parking-joint use.
parking-Improvement and
maintenartce.
Parking-Landscaping-
Parking-Screening.
Parking-Grades.
Parking-Lighting.
Utilities.
1 S.56.010 Accessory buildings.
Other than in commercial or indostrial
zones, permitted accessory buildings may be
located in rear and side yards, provided that no
portion of the building is within five feet of the
lot line or within ten feet of any other building.
In through tots, accessory buildings in rear yards
shall conform to the front yard setback require-
ments for a principal building. Decks less than
thirty-six inches in height extending into re-
quired rear and side yards may be attached to
the principal building. (Ord. 7%15 § 2.1, 1979)
18.56.020 Fences.
Fences up to six-feet high may be located in
any required yard space, except for corner lots
as regulated in Section 18.56.030. Fences in
excess of six feet may be erected with the
issuance of a conditional use permit. (Ord.
79-15 § 2.2, 1979)
18.56.030 Sight clearance.
No sight obscuring fence or hedge over
forty-two inches higher than the grade of
adjacent streets shall be permitted on corner
lots in the yard area formed by a line from the
lot corner at the street intersection along the
front yard line fifteen feet and side yard line
fifteen feet and a line connecting the two lot
lines at the points fifteen feet from the inter-
section corner. (Oral. 79-15 § 2.5, 1979)
18.56.040 Landscaping-Preservation.
The landscape shall be preserved in its natural
state, insofar as possible, by minimizing tree,
shrub, and soil removal, and any required grade
change shall be in keeping with the general
appearance of neighboring developed areas.
(Ord. 79-15 § 2.3(a), 1979)
18.56.050 Landscaping-Replacement.
Where attthorized grading operations require
the removal of existing trees, shrubs, or gound
cover, an approximately equivalent environ-
mental design effect shall be provided through
the planting of trees. shrubs. and ground cover.
(Ord. 79-15 ~ 2.3(b). 1979)
248
18.56.060-I8.56.120
1 S.56.060 Landscaping-Improvement.
In the development of any property covered
in the scope of these standards. reasonable
landscape improvement, "to conse.'we and
restore natural beauty and other natural re-
sourc,~s," shall be required as follows:
A. In residential development, not including
owner-occupied single-family residences, land-
scape improvement shah be carried out in all
open areas not required for circulation or park-
ing and shall stress ground cover, native flower
shrubs and evergreen trees. Flowering, deciduous
trees are considered to be desirable supplements'.
B. In commercial development, landscape
improvement shall be carried out in all open
areas not required for circulation or parking and
shall stress planting areas: paving with brick,
block, or stones: pianter boxes or tubs: and win-
dow boxes: with native flower shrubs, ground
cover, and trees where practical.
C. Landscape improvement shall be earned
out to screen exposed storage areas, exposed
machinery installations, service areas, truck load-
ing areas, utility buildings and structures, and
shall be of such plant materials as will be
suitable and practical in such locations. (Oral.
79-I5 § 2.3(c), 1979)
18.56.070 Parking-Space requirement.
Each parking space shall be at least eight and
one-half feet wide and twenty feet tong exclu-
sive of access drives and aisles haxdng access from
a public thoroughfare or private access ease-
ment. Parking spaces for small cars shall be a
minimum of seven and one-half feet by sixteen
feet. (Oral. 79-15 § 2.4(a), 1979)
18.56.080 Parking-Spaces required.
A. Two spaces for each permanent dwelling
unit are required. Small car spaces may amount
.to thirty percent of the required total number.
B. For retail commercial and personal service,
four spaces for each one thousand square feet or'
floor area shall be provided for every building
over one thousand square feet in floor area.
C. For wholesale commercial and manu-
facturine, one space for each employee Ls
required.
D. For retail commercial and personal ser-
vice use in buildings under one thousand square
feet of floor area, two spaces for each employee
shall be provided.
E. For places of public accommodation serv-
ing food and beverages, one space for each
four seats.
F. For other uses or special cases, parking
requirements shall be established by the issuance
of a conditionai use permit. (Oral. 79-I5 §
2.4(b), 1979)
18.56.090 Parking-Location of spaces.
Parking spaces serving dwelling units shall be
located on the same lot with the building they
serve. ford. 79-15 § 2.4(c), I979)
18.56.100 Parking-Joint use.
The required parking for two or more ttSeS
may be reduced by twenty-five percent when
provided by a common parking lot. Joint park-
ing will be authorized with the issuance of a con-
ditional use permit. ford. 79-15 § 2.4(d), 1979)
18.56.110 Parking--Improvementand
maintenance.
Every off-street parking or automobile storage
area capable or' holding three or more auto-
mobiles shall be developed and maintained in
the foilowing manner:
A. Parking and access areas shall be paved or
surfaced and maintained so as to eliminate dust
and mud.
g. Adequate storm drainage facilities shall be
installed. ford. 79-15 § 2.4(e), 1979)
18.56.120 Parking-Landscaping.
No less than ten percent of the area of a park-
ing lot shall be in landscaping and no land-
scaped area shall contain less than one hundred
square feet, nor be less than five feet wide.
Landscaped areas shall be distributed through-
out a parking lot in such manner that no land-
scaped area shall be more than forty-five feet
249
8.56. 130-18.60.020
from the centerline of a parking stall. Only
those landscaped areas between two parking
stalls or between a parking stall and a prop-
erty line shall be counted as part of the required
landscaped area. Landscaping requirements for
parking shall also apply to automobile sepzice
stations. Evergreen trees (without low growing
branches, gum, blossoms, or pods which might
damage cars or clog drainage) shall constitute
the primary landscaping clement. Ground cover
and flowering native shrubs shall constitute the
secondary element. Where a park/he lot fronts
on a street along a frontage of not less than'
seventy feet, street trees, as approved by the
agency, shall be p{anted on approximately forty-
foot centers. (Ord. 79-15 § 2.4(f'), 1979)
18.56.130 Parking-Screening.
Where a parking lot abuts a side or rear prop-
erty line, a sight-obscu~ng, decorative fence
shall be installed witkin one foot of the prop-
erty line; except, where adjoining property
slopes upward for a distance of not less than
three feet and at an angle of not less than forty-
five degrees, such a fence shall not be required.
Such decorative fences shatl be not less than five
feet. nor more than six feet high, shall be
planted with climbing ivy or other evergreen
vine, and snail be protected against damage from
automobiles by curbs installed not closer than
two feet from the fence. (Oral. 79-15 § 2.4(g),
1979)
18.56.140 Parking-Grades.
Within a parking lot, the grade or' parking
areas shalI not exceed six percent, althou~ the
grade of driveways and aisles between separate
parking areas may be not more than fourteen
percent. Parking areas on sloping lots shall be so
laid out that parked cars lie perpendicular to the
slope. Where existing grades on property pro-
posed for a parking lot exceed ten percent, the
agencL,' may require a topographic sur,'e'.,' to
show existing and proposed grades. (Ord.
70-15 ~ 2.4(hl, 1979)
250
l 8.56.150 Parking-Lighting.
All tigi~ts shall be hooded or shaded so that
direct light from the lamp does not fall on
adjacent properties or public rights-of-way.
(Ord, 79-15'§ 2.4(i), 1979)
18.56.160 Utilities.
Overhead and underground utilities are per-
mitted in required yard space. (Oral. 79-15 §
2.9, 1979)
Chapter 18.60
NONCONFOKMING LOTS, USES AND
STRUCTURES
Sections:
1-8.60.010
18.60.020
18.60.030
18.60.040
Continuance of existing
nonconforming uses.
Conditions of continuance of
existing nonconforming uses.
Conditions of use of
nonconform ng structure.
Conditions of continuance of
nonconforming use of structure.
t8.60.010 Continuance of existing
nonconforming uses.
Any lot, tract, parcel of land, building or use
in existence at the date of adoption of the
ordinance codified in this title shall be a legal
nonconforming use and may continue without
time limit. (Ord. 79-15 ~ 3.15(a), 1979)
18.60.020 Conditions of continuance of
existing nonconforming uses.
A nonconforming use of land may be con-
tinued, provided that:
A. It is not enlarged, increased, or extended
to occupy a greater area of land than w~ occu-
pied 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
18.60.030-18.68.020
one hundred eighty days, the st, bseqt~ent use of
the land shall be conforming. (Ord. 79-15 §
3.15(b). I977)
18.60.030 Conditions of use of
nonconforming structure.
A nonconforming use of a structure may re-
main and be used, provided that:
A. It is not enlarged or altered so as to in-
crease its nonconformity.
B. If moved, it is made to conform to regu-
lations of this code for the zone of new loca-
tion. (Oral. 79-15 § 3.15(c), 1979)
18.60.040 Conditions of continuance of
nonconforming use of structure.
A nonconforming use of a structure may be
continued, provided that:
A. The structure is not enlarged or moved.
B. It may be changed to another noncon-
forming use by the hearing examiner.
C. If it is superceded by a conforming use,
the nonconforming use may not thereafter be
resumed.
D. If it is discontinued for a period of six
consecutive months or for a total of eighteen
months in any three-year period, it may not
thereafter be resumed. (Ord. 79-15 § 3.15(d),
1979)
Chapter 18.64
USE AND OCCUPANCY PERMIT
Sections:
18.64.010 Required-Issuance.
18.64.010 Required-Issuance.
In addition to all other permits and city
approval required under the provisions of this
title, a use and occupancy perTnit shall be re-
quired before occupancy, for each pnncipal
structure erected on each lot or parcel or prop-
erty. Such permit shall be issued by the build-
ing official upon determination of compliance
with the requirements oi' this title and tile Uni-
l'onr~ Building Code. (Ord. 7Q-15 § 3.3, 1979)
Chapter 18.68
APPLICATIONS, HEARING. AND APPEAL~
Sections:
18.68.010
18.68.020
18.68.030
18.68.040
18.68.050
18.68.060
18.68.070
Applications generally.
Hearings, final action and
appeals.
Specific criteria to be
demonstrated in hearings held on
application for variance.
Specific criteria to be
demonstrated in hearings held on
application for conditional use.
Imposition of conditions on
conditional uses.
Criteria to be demonstrated at
hearing held on application for
planned unit development.
Criteria to be demonstrated in
hearings held on application for
approval of development in zone
of special significance.
18.68.010 Applications generally.
Applications under this title shall be made by
the property owner, contract purchaser, or a
representative thereof who has been designated
as such in writing. The address indicated on the
application shall be for the purposes of this title,
the address of the applicant, and all correspon-
dence relating to the application shah be
directed to that address. The applicant or desig-
nated representative must De present at any
public meeting which has been publicly ad-
vertised to hear the application or when the
applicant has been personally notified of such a
meefing.(Ord. 79-15 § 3.10. 1979)
18.68.020 Hearings, final action and appeals.
A. Public heanngs are required prior to
action under the provisions of this title on appli-
cations {'or amendments to the comprehensive
plan, amendments to the zoning ordinance codi-
lied in this title and the zoning map, conditional
use permits, permits for development in zones ot'
251
8.68.030-18.68.050
special significance, planned unit developments,
subdivision of land and variances. The appli-
cant or designated representative must be
present at any public hearing held regarding the
application when either the applicant or repre-
sentative has been personally notified of the
meeting or the meeting has been publicly
advertised.
B. Following review by the planning agency
of an application for any of the kinds of action
described in subsection A of this section, and
subject to the criteria set forth in Sections
]8.68.050 through 18.68.070, all hearings, final
action and appeals of such applications shall
conform to the provisions of the hearings
procedure ordinance, codified at Chapter 2.16.
iOrd. 79-15 § 3.4, 1979)
18.68.030
Specific criteria to be demonstrated
in hearings held on application for
variance.
In any hearing held to consider an application
for a variance from the provisions of this title,
tile applicant must demonstrate the following:
A. The proposed variance is in harmony with
the spirit and intent of this title.
B. There are special circumstances applicable
to the subject property or permitted use that do
not apply to or exist on other properties or per-
mitted uses in the same vicinity or zone.
C. The variance is necessary for the preserva-
tion and enjoyment of a substantial property
ri~ht possessed by other property in the same
vicinity and zone, but which is denied to the
property in question because of special circum-
stances on the property in question.
D. The need for a variance has not arisen
from actions taken or contemplated by the
applicant.
E. The granting of the variance will not be
materially detrimental to the public welfare
or injurious to the right of other property
owners in the vicinity.
F. The variance will not permit a use not per-
mitted by this title in the zone in which the sub-
ject property is located. (Ord. 79-15 § 3.5,
1q7%
18.68.040 'Specific criteria to be
demonstrated in hearings held on
application for conditional use.
In any hearing held to consider an applica-
tion for a conditional use under the provisions
of tl~is title, the applicant must demonstrate the
following:
A. The proposed conditional use is in
harmony with the spirit and intent of this title.
B. Development of the proposed use would
not adversely affect the health, welfare, safety,
lands and rights of other persons.
C. TIle proposed conditional use meets all
the criteria otherwise applicable to the zone in
which it is to be developed. (Ord. 79-15 § 3.6,
1979)
18.68.050 Imposition of conditions on
conditional uses.
After reviewing all testimony and materials
submitted regarding an application for a condi-
tional use permit, the hearing examiner may im-
pose such conditions as are necessary to protect
the health, safety, welfare and rights of other
persons. Such conditions may include the post-
ings of bonds to insure continued compliance
with the conditions of the conditional use
permit. If in the judgment of the hearing exam-
iner no conditions could be imposed that would
insure the compatibility and harmony of the ose
or structure with the spirit of this title and pro-
tect the health, welfare, safety, lands and rights
of other persons, the hearing examiner shall
deny the conditional use permit. In those
instances where the hearing examiner determines
to approve a proposed conditional use and issue
a conditional use permit, the conditional use
permit ~hall incorporate a written order detail-
ing the appIicable conditions on development
and a schedule for compliance with those condi-
tions. (Ord. 79-15 § 3.7, 1979)
252
18.68.060-18.72.010
18.68.060 Criteria to be demonstrated at
bearing held on application for
planned unit development.
In any hearing held to consider an application
t'or a pIanned unit development under the pro-
visions of this title, the applicant must demon-
strate the following:
A. Tile proposed planned unit development
is in harn~ony with the spirit and intent of this
title.
B. Development of the proposed planned
unit development would not adversely affect the
health, welfare, safety, lands and rights of other
persons.
C. The proposed planned unit development
conforms to the applicable provisions of Chapter
18.40.
D, The applicant has title to, or control of,
all land in the proposed planned unit develop-
ment and agrees that the land will be developed
as one integrated project.
E. The quality of the design of the proposed
planned unit development is equivalent to or
superior to the quality of the design of similar
developments within the city.
F. The design of the proposed planned unit
development makes adequate provision for the
following:
1. Construction and maintenance of public
open space, recreational areas and public fa-
cilities;
?. Access, private roads and drives, parking,
and pedestrian and vehicular traffic control;
3. Landscaping, screening and setbacks;
4. Drainage; and
5. Access to city services including but not
limited to sewer lines, water lines and fire
protection. (Ord. 79-15 § 3.8, 1979)
18.68.070 Criteria to be demonstrated in
hearings held on application for
approval of development in zone
of special significance.
In any hearing held to consider an applica-
tion for approval of development in a zone of
special significance, tile applicant must demon-
strate the following:
A. The proposed development complies with
the criteria set forth in Section 18.68.060; and
B. Tile applicant has included in the
proposed development those aspects defined by
tile planning agency pursuant to Chapter 18.52,
as prerequisite to development of the property
on which the development is to occur. (Oral.
7%15 § 3.9. 1979)
Chapter 18.72
ADMINISTRATION
Sections:
18.72.010
18.72.020
Planning agency-Duties
generally.
Planning agency-Review of
required information.
18.72.010 Planning agency-Duties generally.
Duties of the planning agency shall be as
follows:
A. Receipt and recording of all correspon-
dence regarding the administration of this
title;
B. Conduct meetings and evaluate testimony
regarding the application of this title;
C. Make written findings of fact based upon
the testimony and exhibits presented at the
meeting and its own investigation of the issue
under study;
D. Recommend approval, disapproval,
approval with conditions on applications or
action taken under this title which shall in-
clude:
I. Conditional Use Permits. After reviewing
all testimony and materials submitted regard-
ing an application for a conditional use permit,
the planning agency shall recommend such con-
ditions as are necessary to protect health, wet-
fare, safety, and r/ghts of other persons. These
conditions shall include but not be limited to a
statement of whether the conditional use is
being granted to a person, to a structure or to
the property, and any time limit or renewal
253
18.72.020 18.76.020
reqtfirements. These conditions may h~clude the
posting of bonds to insure compliance witl~ the
conditions of the conditional use permit,
2. Planned unit developments,
3. Subdivision of land,
4. Amendments to the ordinances,
5. Amendments to the zoning map (rezones).
6. Amendments to the comprehensive plan,
7. Variances;
E. Conduct a site plan review prior to appli-
cation for building permits for multifamily and
nonresidential developments. (Ord. 81-14 § 8,
I981: Ord. 79-15 § 3.t, 1979)
18.72.020 Planning agency-Review of
required information.
The planning agency shall require such infor-
mation as it deems necessary for the evaluation
of all actions regulated by this title, shall review
the information and shall submit a written
recommendation to the city clerk within thirty
days. Required information shall include but
shall not be limited to:
A. The legal description of the property;
B. A complete and detailed written statement
of the intended use of the land and the sequence
and timing of the proposed development;
C. A scale drawing of the property indi-
cating:
1. North point and graphic scale,
2. Boundaries, easements, and ownerstrips as
set forth in the legal description,
3. Topography at appropriate contour
intervals,
4. Existing structures and improvements,
5. Existing vegetation including all trees over
four inches in diameter, watercourses, and other
natural features,
6. Proposed improvements,
7. Utilities plans,
8. Circulation plans on and off the site.
9. Landscaping plans,
10. Other plans and drawings deemed neces-
sary for evaluation.
I 1. All adjacent streets and rigi~ts-of-ways;
D. The terms. conditions. covenants, and
254
agreements regarding the intended develop-
meat;
E. An environmental checklist when re-
quired by the State Environmental Policy Act.
codi~ed at Chapter 16.04;
F. A statement regarding proposed dedica-
tion of trails and parks if required by Chapter
17.08. (Ord. 81-14 § 9, 1981: Ord. 79-15 § 3.2,
1979)
Chapter 18.76
ENFORCEMENT AND PENALTY
Sections:
18.76.010
18.76.020
18.76.030
18.76.040
Compliance required.
Violation-Notification by
building official-Appeals.
Violation-Penalty-Civil and
criminal proceedings.
Permit revocation procedure.
18.76.010 Compliance required.
It is unlawful for any person, firm or corpora-
tion to use, occupy or maintain any building,
structure or land or to erect, construct, recon-
struct, structurally alter or move any building or
structure, or to cause or permit the same to be
done in violation of any of the provisions of this
title. (Ord. 8140 (part), 1981: Ord. 79-15 §
3.16(a), 1979)
18.76.020 Violation-Notification by
building official-Appeals.
If the building official finds that a violation
of this title has occurred, he shall notify the
owner Of record or lessee of property which is
deemed to be used in violation of this title that
a violation exists. Such notification shall set
forth the nature of the violation and an order
that the violation cease and desist or, in an
appropriate case, that corrective action be taken
within a reasonable time. The order of the build-
ing official shall be final unless, witl~in fourteen
days from the date of the order, the person to
18.76.030-18.76.040
whom the order is issued files a petition for re-
view witli the hearing examiner, who shall con-
duct a hearing and issue an order in the matter.
The hearing examiner's order shall be final un-
less within thirty days from the date of the
hearing examiner's order an appeal is taken to
the county superior court. (Ord. 81-40 (part),
198~: Ord. 79-15 § 3.16(b), 1979)
t8.76.030 Violation-Penalty-Civil and
criminal proceedings.
A violation of any of the provisions of this.
title shall be deemed a misdemeanor and a
public nuisance. Once a violation of this title is
found to exist by final order of the building
official or hearing examiner, the city may
enforce this title through civil or criminal
proceedings or both. In the event criminal pro-
ceedings are instituted against a violator, the
maximum penalty upon conviction shall be a
fine of five hundred dollars or imprisonment for
not more than six months or both such fine and
imprisonment. Each separate day the violation
continues shall be deemed a separate offense. If
civil proceedings are commenced to stop a viola-
tion of this title, such proceedings may be corn-
menced in either the municipal court or the
county superior court. (Ord. 81-40 (part), 1981:
Ord. 79-15 § 3.16(c), 1979)
18.76.040 Permit revocation procedure.
All permits issued pursuant to the provisions
of this title may be revoked and declared invalid
after completion of the following procedures.
Notice of violation of the provisions of this title
shall be sent by certified United States mail to
the owner of record or lessee of the property
found by the building official to be in violation
of tt:is title. If the violation has not been
remedied within thirty days of notification of
the violation, the building official shall file a
petition for revocation of the appropriate per-
mit. The heating examiner shall issue an order
revoking the permit where a violation of this
title is found to exist. (Ord. 8140(part), 1981:
Ord. 79-15 § 3.16(d), 1979)
255
TITLE 18 FOOTNOTES
1. Ordinance 79-I5, as amended, establishes
certain fees for zoning code applications and
appeals. These fees have not been included in
this code, but a schedule of fees is on file in the
city clerk's office and is available for public
review.