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ORD 81-14 LAND USE REGULATIONS AND ZONINGORDINANCE NO. 81 -I~ AN ORDINANCE OF THE CITY OF WINSLOW AMENDING ORDINANCE 79-15 AN ORDINANCE OF THE CITY OF WINSLOW ESTABLISHING LAND USE REGULATIONS ~ND ADOPTING A ZONING MAP FOR THE CITY OF WINSLOW The City Council of the City of Winslow do ordain as follows: Section 1 Section 1.2 is hereby amended to read as follows: (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 a~proximately 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 shore lines shall be construed to follow such 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 parallel to or extensions of features indicated in sub-sections a through d above shall be so construed. Distances not sDecifically 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 circumstances not covered by sub-sections a through f above, the Agency shall interpret the zoning district boundaries~ (h) Developments within 200 feet of the shoreline shall be subject to the Winslow Shoreline Management Master Program Section 2 Section 1.4 - Yards is hereby amended to read as follows: (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 stores high, front and rear yard requirements shall be increased by 4 feet for every story over two; the side yard requirement 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. Rear yards not facing streets shall be 15 feet. (e) Section 3 (a) (b) Section 1.5 - Conditional Uses is hereby amended to read as follows: 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 25 feet in height which demonstrate a particularly creative or unique design. (c) Educational, cultural, governmental, religious or health care facilities. Section 1.5 - Yards is hereby amended to read as follows: (a) Front yards, rear yards and side yards facing streets shall not be less than 25 feet from any lot lines, planned rights of ways, 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 stories high, front and rear yard requriements 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. Section 4 (a) Section 1.6 - Conditional Uses is hereby amended to read as follows: 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 25 feet in height which demonstrate a particularly creative or unique design. (c) Educational, cultural, governmental, religious or health care facilities. (b) Section 1.6 - Yards is hereby amended to read as follows: (a) Front yards, rear yards and side yards facing streets shall not be less than 25 feet from any lot lines, planned rights of ways, 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 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. Section 5 (a) Section 1.7 - Conditional Uses is hereby amended to read as follows: 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 25 feet in height which demonstrate a particularly creative or unique design. (c) Educational, cultural, governmental, religious or health care facilities. (b) Section 1.7 - Yards is hereby amended to read as follows: (a) Front yards, rear yards, and side yards facing streets shall not be less than 25 feet from any lot lines, planned rights of ways, 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 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. Section 6 Section 1. 8 - Height is hereby amended to read as follows: Heights of structures shall conform to the heights specified for the underlying zone. Section 7 Section 1.9 is deemed amended to read as follows: (a) Retial sales not requiring outdoor storage (b) Personal and professional services (c) Indoor entertainment and amusement (d) Small applicance 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. (h)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) Mobile home parks (m) Single family residences which were in existence and being used as a single family residence 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. 4 Section 8 Section 3ol is hereby deemed amended to read as follows: 3.1 Duties of the Planning Agency. (a) Receipt and recording of all correspondence regarding the administration of this Ordinance. (b) Conduct meetings and evaluate testimony regarding the application of this Ordinance. (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 Ordinance which shall include: 1o Conditional Use Permits. After reviewing all testimony and materials submitted regarding an application for a Conditional Use Permit, the Planning Agency shall recommend such conditions as are necessary to protect health, welfare, safety, and rights 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 requirements. These conditions may include the posting of bonds to insure conpliance with the conditions of the ~nditional Use Permit. 2oPlanned Unit Developments. 3oSubdivision of Land. 4oAmendments to the Ordinances. 5°Amendments to the Zoning Map (Rezones). 6.Amendments to the Comprehensive Plan. 7oVariances (e) Conduct a site plan review prior to application for building permits for multi-family and non-residential developments. Section 9 Section 3.2 is deemed amended to read as follows: 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 ~ritten recommendation to the City Clerk within 30 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 p~operty 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-ways; (d) The terms, conditions, covenants, and agreements regarding the intended development; (e) An Environmental Checklist when required by the Winslow Environmental Protection Ordinance 78-13 as amended. (f) A statement regarding proposed dedication of trails and parks if required by Ordinance 79-33. Section 10 Section 3.11 is deemed amended to read as Fees: (a) Permit Use Application Conditional Use Permit Planned Unit Development Amendment to Zoning Map (rezone) Special Significance Use follows: Basic Fee $200 + $10/acre $200 + $10/acre $200 + $10/acre $200 + $10/acre (b) Variances Variation of one foot or less or variance of less than 10% deviation from the code $75. Variation of 10% or more deviation from requirement $100. (C) ~ppeals 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 involving 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. (d) Site Plan Review Multi family 4-plex or less Multi family larger than 4 units Non-residential development, 4,000 sq.' or less requiring 20 parking spaces or less Non-residential development over 4,000 sqe' or requiring more than 20 parking spaces $40.00 $40.00 + $1.00/unit $40.00 $.01/sq. ft. or $1.00/parking space whichever is larger No fee shall exceed $100 and no fees are refundable, Section 11 Section 4.0 Definitions The definition of grade is hereby amended to read as follows: Grade - The i .... L yulttL'~'elevation of the average original surface of the ground, paving or sidewalks within the area between the building and a line 5 feet from the building. PASSED by the City Council of the City of Winslow, Washington this /~_r~ day of ~J ATT T: C 1 erk/Tre as urer , 1981, Alice B. Tawresey Mayor this day of ~.2L~, 7~p7, at the Ferry Terminal,