ORD 87-30 ZONING MAP & ORDINANCE12/2/87
To Be Considered 12/3/87
ORDINANCE NO.87-30
ZONING MAP AND ZONING ORDINANCE
AN ORDINANCE PROVIDING FOR THE PUBLIC HEALTH, SAFETY,
MORALS AND GENERAL WELFARE, AND IN THE ORDER TO SECURE
FOR TIlE CITIZENS OF TIlE CITY OF WINSLOW THE SOCIAL AND
ECONOMIC ADVANTAGES RESULTING FROM AN ORDERLY PLANNED
USE OF THE LAND RESOURCES WITHIN THE CITY, AND TO
REGULATE THE LOCATION AND USE OF BUILDINGS, STRUCTURES
AND LAND FOR RESIDENCE, BUSINESS, INDUSTRIAL AND OTHER
PURPOSES, AND TO PROVIDE OFFICIAL LAND USE PLANS TO
GUIDE, CONTROL AND REGULATE THE GENERAL GROWTH OF THE
CITY AND DEVELOPMENTS ON AND OF PUBLIC AND PRIVATE
PROPERTY WITHIN, THE CITY OF WINSLOW, WASHINGTON, DOES
IIEREBY ADOPT AND ESTABLISIt AS ITS OFFICIAL DISTRICTING
AND LAND USE REGULATIONS AND TBE OFFICIAL ZONING MAP
FOR THE CITY OF WINSLOW, WASIIINGTON AND REPEALING
ORDINANCE 79-15.
Whereas, the City Council has determined that the present
zoning map and zoning ordinance should be amended, and
Whereas, the City Council finds these amendments to be in
tile interest of the public health, safety, and welfare, now, therefore,
TIlE MAYOR AND CITY COUNCIL OF TIlE CITY OF WiNSLOW DO ORDAIN
AS FOLLOWS:
Section 1. Official Zoning Map (Exhibit A hereto)
1.0 'Creation of Zones:
To implement tile purposes of this Ordinance, the
City shall be divided into zones consistent with
tile Comprehensive Plan of tile City of Winslow. An
official zoning map or maps describing these zones
shall' be adopted as part of this Ordinance and shall
be filed at the Office of tile City Clerk, and the
boundaries of said zones shall be as delineated on
said map or maps as now adopted or hereafter duly
amended, as set forth in Exhibit A hereto, incorporated
herein as if'fully set forth.
1.1 Official zoning Map:
TIle official Zoning Map (Exhibit A) 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 tile Zoning
Ordinance of tile city of winslow, Washington, adopted
-1-
December 3, 1987. If, in accordance with the pro-
visions of this Code, changes are made in zoning
district boundaries or other matter portrayed on
the Official Zoning Map, such changes shall be made
on the Official Zoning Map promptly after the amend-
ment has been adopted, together with an entry on, or
attached to, the Official Zoning Map, as follows:
"On (date) by official acti6n 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 Kitsap
County Planning Department. The Official Zoning Map
which shal]. be located in the Office of the Clerk shall
be t|~e final a6tbority as to the current zoning status
of land and water areas, buildings and other structures
in the City.
Section 2. Zoning Ordinance and Land Use Regulations (Exhibit
2.0 There is herewith adopted as the zoning ordinance
and as land use regulations, in order to carry out the
purpose of the Comprehensive Plan and to effect the
zoning set forth on the Official Zoning Map, th6se
zoning provisions set forth in Exhibit B hereto, incor-
porated herein by reference as if fully set forth.
2.1 The zones created and their regulation shall occur
as provided in Exhibit B hereto.
Section 3. Repeal of Ordinance 79-15.
To the extent inconsistent herewith, Ordinance
79-15, the Official Zoning Map, and all corresponding
Winslow Municipal Code chapters and sections are herewith
repealed.
-2-
Section 4. Partial Invalidity
If any portion of this ordinance is found to void
or ineffective, the r~maining portions shall remain in
full force and effect.
effect five days after passage and publication as pro-
vided by law.
APPROVED:
MAYOR ALICE ~ E
ATTEST/AUTHENTICATED:
APPROVED AS TO FORM
OFFICE OF THE CITY ATTORNEY
FILED WITH THE CITY CLERK: November 26, 1987
PASSED BY THE CITY COUNCIL: December 3, 1987
POSTED: December 4, 1987 PUBLISHED: December9, 1987
EFFECTIVE DATE: December 14, 1987
ORDINANCE NO. 87-30
-3-
ZONING ORDINANCE
EXHIBIT B
ORD.
APPROVED:
EFFECT I VE:
#87--30
DEC. 3,
DEC. 1LI-,
1987
1987
EXHIBIT B
ZONING ORDINANCE
Sections:
I.
II.
III.
IV.
V.
VI.
VII.
VIII.
IX.
X.
XI.
XII.
XIII.
XIV.
XV.
XVI.
XVII.
XVIII.
Definitions
Creation of Zones, Boundaries and Zoning Map
General Provisions
High Density Multifamily Residential Zone
Medium Density 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
X-A Central Business District
X-B Madison Avenue District
X-C North City Center District
X-D Lower Ericksen District
X-E Upper Ericksen District
X-F Ferry Terminal District
X-G High School Way District
X-H Lower Madison Waterfront District
X-I Gateway District
Industrial Zone
Areas of Special Significance
General Regulations
Nonconforming Lots, Uses and Structures
Use and Occupancy Permit
Applications, Hearing and Appeal
Administration
Enforcement and Penalty
1.1
1.2
1.3
1.4
1.5
1.6
1.7
1.8
1.9
Section I
DEFINITIONS
Accessory buildinq.
"Accessory building" means a subordinate
structure that is incidental to the
principal structure on the same lot.
Accessory use.
"Accessory use" means a use customarily
incidental and related to the principal use
on the same lot.
Adjoininq.
"Adjoining" means immediately abutting or
separated only by a street right-of-way.
Agency.
"Agency" means the Plannin9 Agency of the
city.
Aqriculture.
"Agriculture" means farm-like activities
of crop growing and processing and the
keeping of not more than six domestic
animals. Landscaping, incidental kitchen or
vegetable gardening, and keeping common
pets are not defined as agriculture.
Alley.
"Alley" means a public thoroughfare or
private way that is permanently reserved,
serving as a secondary means of access to
an abutting property.
Apartment.
"Apartment" means a room or suite of
rooms comprisin9 part of a building that
contains living, cookin9, sleeping, and
bathing facilities and is suitable for
occupancy by one family.
Bed and breakfast.
"Bed and breakfast" means a Iodgin9 use
in which rooms within a single dwelling
unit are rented to transient people. The
owner or manager of a bed and breakfast
must reside in the dwelling unit for this
definition to apply.
Buildinq.
"Building" means any structure having a
roof, designed for shelter of persons,
1.10
1.11
1.12
1.13
1.14
1.15
1.16
1.17
1.18
1.19
DEFINITIONS
page two
animals or property.
Buildinq area.
"Building area" means the ground area
encompassed within the walls of a building.
Buildinq official.
"Building official" means the person or
persons or firm designated by the city to
insure compliance with the provisions of
this title.
Carport.
"Carport" means a covered shelter for one
or more vehicles that is open on at least
two sides.
Clinic.
"Clinic" means a building in which health
care services are provided for treatment of
human or animal out-patients.
Commercial use.
"Commercial use" means the providing of
goods or services for compensation.
Comprehensive plan.
"Comprehensive plan" means the policies
and proposals approved by the city council
as a guide to the development of the city.
Conditional use.
"Conditional use" means a potentially
problematic use that is permitted only
after the issuance of a permit specifying
the terms and conditions of the use.
Council.
"Council" means the council of the city.
Day care center.
"Day care center" means a building,
licensed by the state, in which care and
education is provided for children during
the day.
Drive-throuqh business.
"Drive-through business" means a business
or portion of a business where a customer
is permitted or encouraged either by the
design of physical facilities or by service
1.20
1.21
1.22
1.23
1.24
1.25
1.26
1.27
DEFINITIONS
page three
and/or packaging procedures, to carry on
business while seated in a motor vehicle.
This definition shall include but not be
limited to gas stations, car washes, and
drive-in restaurants or banks.
Dwellinq.
"Dwelling" means a buildin9 or portion
thereof designed or used as a dwelling
unit.
Dwellinq, multifamily.
"Dwelling, multifamily" means a structure
or portion of a structure containing two or
more dwellin9 units.
Dwellinq, sinqle-family.
"Dwelling, single-family" means a
detatched structure containing one dwelling
unit and having a permanent foundation.
Dwellinq unit.
"Dwelling unit" means a suite of one or
more rooms containing sleeping, bathing and
kitchen facilities for occupancy for one
family.
Excavation.
"Excavation" means the removal of natural
earth material from its original location.
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. However, not more
than five such persons, when not related by
kinship, constitutes a family.
Fast Food.
"Fast food" means a restaurant that has
either of the following characteristics:
A. Offers neither a full dinner menu nor
table service.
B. Has a drive-through window or a take-
out counter.
Fillinq.
"Filling" is the deposition of any
material on a site that raises the surface
1.28
1.29
1.30
1.31
1.32
1.33
DEFINITIONS
page four
elevation above its original natural
elevation before filling of land or bed of
a body of water or stream.
Floor area.
"Floor area" means the total area of all
floors within the wails of a building.
Footprint.
"Footprint" means the area at the ground
plane of a building, structure, or other
element, bounded by the outside of the
exterior walls and including stairs,
porches, decks, upper story overhangs,
canopies, and other appurtenances over
three feet in height above the grade,
except not including roof overhangs.
Garacje.
"Garage" means a building or portion of a
building designed or used for the shelter
of vehicles and enclosed on at least three
sides.
Grade.
"Grade" (adjacent ground elevation)is
the computed average of the lowest and the
highest points of elevation of the original
surface of the ground, or existing paving
or sidewalk within the area between the
building and the property line, or when the
property line is more than 5 feet from the
building, between the building and a line 5
feet from the building.
Health care facility.
"Health care facility" means a building
or buildings used for human or animal
health care.
Height of structure.
"Height of structure" is the vertical
distance above "Grade" to the highest point
of the coping of a fiat 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 height of a stepped or
terraced building is the maximum height of
any segment of the building.
DEFINITIONS
page five
Home occupations.
"Home occupation" means 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 that 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.
1.35
Hotel.
"Hotel" means a builidng 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.
1.36
Indoor.
"Indoor" means confined entirely within
the building or structure.
1.37
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.
1.38
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 for use and enjoyment.
A commercial kennel is maintained to board,
breed or treat the animals for profit.
1.39
Kitchen.
"Kitchen" means a room or area in a
dwelling unit designed or used for
preparing food.
1.40
Landscapinq.
"Landscaping" means permanently planted
vegetation in the form of trees, shrubs,
grass, or evergreen gound cover maintained
in good condition. Landscaping may include
flowerbeds, walkways, and ornamental
DEFINITIONS
page six
objects such as fountains, sculptures and
other similar objects designed and arranged
to produce an aesthetically pleasin9
effect, provide a visual barrier, screen
undesirable views, reduce storm water run-
off and/or erosion, and provide an
acoustical barrier.
1.41
Lot.
"Lot" means a platted or unplatted parcel
or tract of land.
1.42
Lot area.
"Lot area" means the total horizontal
area within the lot lines, excluding any
area seaward of the line of extreme high
tide.
Lot, corner.
"Corner lot" means a lot bounded on two
adjacent sides by roads.
I. 44
Lot coveraqe.
"Lot coverage" means that portion of the
total lot area covered by structures.
1.45
Lot line, front.
"Front lot line" means the lot line
separating the lot from any street.
Lot line, rear.
"Rear lot line" means the lot line
opposite and most distant from the front
lot line; when the lot extends to tidal
water, the rear lot line is the line of
mean higher water.
1.47
Lot line, side.
"Side lot line" means any lot line not
located at the front or rear of the lot.
1.48
Lot, throuqh.
"Through lot" means a lot having frontage
on two streets that do not intersect at a
lot line.
1.49
Mobile home.
"Mobile home" means a dwelling unit that
is:
A. Fabricated off of the building site;
B. Transported to the site on wheels
1.50
1.51
1.52
1.53
1.55
1.56
DEFINITIONS
page seven
attached to the structure; and
C. Assembled and/or installed on a
building site.
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.
Modular home.
"Modular home" means a dwelling unit:
A. Fabricated off the building site;
B. Assembled and/or installed on a
building site;
C. Certified by the State Department of
Labor and Industries as a modular home.
Motel.
"Motel" means a use similar to "Hotel"
but more oriented to automobile access.
Nonconforminq lot.
"Nonconforming lot" means any lot that
was lawfully subdivided at the time the
ordinance codified in this title, or
applicable amendments thereto, became
effective and which does not conform to the
provision of this title.
Nonconforminc~ structure.
"Nonconforming structure" means a
structure that was lawfully designed and
constructed prior to adoption of the
ordinance codified in this title, or
applicable ammendments thereto and that
does not conform to present regulations
of the code.
Nonconforming use.
"Nonconforming use" means a use that
lawfuly occupies a building or structure or
lot at the time the ordinance codified in
this title, or amendments thereto, became
effective and that does not conform to the
provisions of this title.
Nuisance.
~'Nuisance" means the performance of an
act or the failure to perform a duty, whose
DEFINITIONS
page eight
performance or nonperformance either
annoys, injures or endangers the confort,
repose, health or safety or of others,
offends the decency or unlawfully
interferes with, obstructs or tends to
obstruct or renders dangerous for passage
any bay, stream, basin or lake or any
public park, spare, street or highway, or
in any way renders other persons insecure
in life or in the use of property.
1.57
Open space.
"Open space" means land and/or water area
with its surface open to the sky or
predominantly undeveloped, which is set
aside to serve the purposes of providing
park and recreation opportunities,
conserving natural resources and character,
and structuring the cityscape.
1.58
Outdoor storaqe.
"Outdoor storage" means the outdoor
storage of goods for more than 72 hours.
Outdoor storage includes, but is not
limited to, sales or storage yards for
automobiles, trailers, moving equipment,
boats, construction equipment and
materials, items used for manufacture, and
auto wrecking yards. Temporary outdoor
sales displays less than 100 square feet in
ground area per business establishment,
morage areas in marinas, parking, and
outdoor sales and storage areas of
commercial nurseries and lumber yards are
not defined as outdoor storage.
1.59
Parkinq lot.
"Parking lot" means an area intended to
accommodate three or more parked vehicles.
1.60
Parking space.
~'Parking space" means a space on a lot,
within or without a building, exclusive of
access drives, used to park a vehicle and
having access to a public street.
1.61
Pedestrian orientation.
"Pedestrian orientation" means that the
location and access to structures, site
configuration and elements, types of uses
permitted at street level, building front
1.62
1.63
1.65
1.66
1.67
1.68
1.69
1.70
DEFINITIONS
page nine
design, and signage are based on the needs
of persons on foot.
Planned unit development.
"Planned unit development" means an
orderly grouping of structues, landscaping,
open space, recreational facilities or
other features so planned as to provide a
coordinated environment.
Principal use.
"Principal use" means the primary or
predominant use to which the lot or
building is or may be devoted and to which
all other uses are accessory.
Public service, commercial.
"Commercial public service" means
commercial activities that provide
professional and personal services to the
public.
Retail sales.
"Retail sales" means selling small
quantities of goods or commodities to final
consumers.
Rezone.
"Rezone" means changing the designated
zoning of a particular lot or area.
Scale.
"Scale" means the spatial relationship
among buildings and structures, including
height, bulk, and yard relationships.
Setback.
"Setback" means the required distances
between every structure and the lot lines
of the lot on which it is located.
Sign.
"Sign" means any graphic treatment or
sculptural device intended to attract
attention and announce or convey
information and advertising. Signs are more
specifically defined and controlled by the
sign ordinance.
Street.
"Street" means a public or private
DEFINITIONS
page ten
thoroughfare that provides vehicular
access.
1.71
Structure.
"Structure" means any man-made assemblage
of materials extending above or below the
surface of the earth and affixed or
attached thereto.
1.72
Tavern.
"Tavern" means an establishment that
sells beer or wine for on-premise
consumption under a B class license as
defined by the Washington State Liquor
Control Board.
1.73 Trailer.
"Trailer" means:
A. A vehicle designed for short-term
livin9, small enough to be towed by an
automobile;
B. A vehicle designed to transport
animals or property of any kind when towed
by an automobile or truck.
1.74
Use.
"Use" means the purpose land, buildings,
or structures now serve or for which such
is occupied, arranged, designed, or
intended.
1.75
1.76
Use and occupancy permit.
"Use and occupancy permit" means a permit
required under this title to use or occupy
property, buildings, or structures.
Urban.
"Urban" means a particular quality or
character associated with a city or town
environment.
1.77
Variance.
"Variance" means the means by which an
adjustment is made in the application of
the specific regulations of this title to a
specific piece of property, which because
of special circumstances applicable to it
is deprived of privileges commonly enjoyed
by other properties in the same zone or
vicinity and which adjustment remedies
disparity in privileges.
1.78
1.79
1.80
1.81
1.82
1.83
I. 84
DEFINITIONS
page eleven
View.
"View" means visual access to a desirable
landscape feature.
Yard.
"Yard" means an open space on a lot or
parcel that is required by this title to be
unoccupied and unobstructed from the ground
upward, except as otherwise provided in
this title.
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 horizontally from the nearest
part of the principal building as required
by the section of this title for the zone
in which the lot is located.
Yard, rear.
"Rear yard" means a yard extending across
the full width of the lot between the
principal building and the rear lot line
measured horizontally from the nearest part
of the principal building as required by
the section of this title for the zone in
which the lot is located.
Yard, side.
"Side yard" means a yard extending across
the full width of the lot between the
principal building and the side lot line
measured horizontally from the nearest part
of the principal building as required by
the section of this title for the zone in
which the lot is located.
Zofle.
"Zone" means one of the classifications
of permitted use into which the land area
of the city is divided.
Zoning map.
"Zoning map" means the official map that
identifies and delineates boundaries of the
various zoning classifications.
Chapter II
CREATION OF ZONES,
OFFICIAL ZONING MAP,
AND ZONING BOUNDARIES
Zones -- created.
Zones -- designated.
Official zoning map.
Zoning district boundaries.
I1.1
Zones -- created.
To implement the purposes of this
title, the city shall be divided into zones
that segregate conflicting land uses
and are coordinated with the 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.
Zones -- desiqnated.
A. High density multifamily residential
Zone;
B. Medium density multirarely residential
Zone;
C. High density single-family residential
ZOIle;
D. Medium density single-family residential
Zone;
E. Low density single-family residential
Zone;
F. Planned unit developments;
G. Commercial zone with nine sub-areas;
H. Industrial zone;
J. Areas of special significance.
11.3
Official zonlnq 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 Ordinance of the City of
Winslow, Washington, adopted
If, in accordance with the provisions
of this Code, changes are made in
zoning district boundaries or other
matter portrayed on the Official Zoning
Map, such changes shall be made
on the Offici al 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 Kitsap County Planning
Department. The Official Zoning Map
that 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.
11.4
Zoninq 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 that
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 subsections A through D of this 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 circumstances not covered
by subsections A through F of this section,
the agency shall interpret the zoning
district boundaries.
H. Developments within two hundred
feet of the shoreline shall be subject
to additional requirements of the Winslow
Shoreline Management Master Program.
Section II I
GENERAL PROVISIONS
Minimum standards.
Provisions not to abrogate easements,
covenants or other restrictions.
Municipal improvements.
Amendments to title, zoning map or
comprehensive plan.
Minimum standards.
The standards and criteria expressed
in this title shall be interpreted as minimum
standards and when two requirements of
this title conflict, the one imposing the
greater restriction shall apply.
Provisions not to abroqate 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.
Municipal improvements.
No municipal improvement approved by
the city council shall be subject to the
provisions of this title.
Amendments to title, zoninq map or comprehensive
I~lan.
Any property owner, contract purchaser,
or representative thereof who has been
designated as such in writing, or the city
council may propose 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 ordinance, codified
at Chapter 2.16.
Chapter IV
HIGH DENSITY MULTIFAMILY
RESIDENTIAL ZONE
Purpose.
Permitted uses.
Conditional uses.
Lot area.
Lot coverage.
Yards.
Access requirements.
Bonus densities allowed.
IV.1
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 residences. These districts
shall be located adjacent to or near planned
community centers and other areas that
are to be served by public utilities in
the near future.
IV.2
Permitted uses.
Permitted uses shall be as follows:
A. Single-family dwellings;
B. Multifamily dwellings;
C. Automobile parking facilities accessory
to residential development;
D. Underground 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,
religious, or health care facilities; I. Planned unit developments;
J. Signs subject to the provisions
of the sign ordinance.
IV.3
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 thirty-five
feet in height.
C. Senior citizen housing project utilizing
IV.4
IV.5
IV.6
IV.7
the bonus densities set forth in this
section under Bonus Densities Allowed.
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. The 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 unit.
Lot coveraqe.
The maximum lot area covered by buildings
shall not exceed twenty-five percent.
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 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 increased 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 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.
Access requirements.
A. Single-family residences shall have
direct access to a street or road easement
and shall provide 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 parking shall provide at least twenty
feet of paved surface.
IV.8
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 required;
3. Maximum lot area covered by buildings
shall not exceed that allowed in the underlying
Zone.
B, All elderly housing projects desiring
to utilize the increase in density permitted
by this section shall first obtain a conditional
use permit from the hearing examiner.
The applicant must file with the land
use administrator a signed written statement
that the following conditions 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 the hearing
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 owners or their successors shall
be required to meet the underlying density
and parking space requirements in effect
for the subject property at that time;
3. The owner shall execute a covenant
that whall run with the land naming the
city as grantee, which will state the
number of units that will then be permitted
and the number of parking spaces that
will then be required in the conditional
use permit is revoked;
4. The area that would otherwise be
used for parking but for the decreased
number of spaces required under this
chapter shall be landscaped and shall
not be used for construction of permanent
structures.
Chapter V
MEDIUM DENSITY MULTIFAMILY
RESIDENTIAL ZONE
Purpose.
Permitted uses.
Conditional uses.
Lot area.
Lot coverage.
Yards.
V.1
V.2
V.3
Purpose.
The purpose of the medium density
multifamily zone is to provide for medium
density multifamily residential areas in
pleasant, uncongested surroundings allowing
for the maximum amenities for the occupants.
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;
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.
Conditional uses.
Conditional uses shall be as follows:
A. Public and private utility buildings
and structures;
B. All structures over thirty-five
feet in height;
C. Educational, cultural, governmental,
religious or health care facilities;
D. Senior citizen housing projects
utilizing the bonus densities set forth
in this ordinance under section IV.8,
except that a minimum of three thousand
square feet of lot area per unit shall be required
and the parking requmement snail not
be less than one space per unit.
Lot area.
A. The minimum lot area for single-family
residences shall be ten thousand square
feet.
B. The minimum lot area for single-family
residences shall be twenty thousand
square feet when not served by sanitary
sewers.
C. The minimum lot area for multifamily
dwellings shall be five thousand four
hundred square feet per dwelling unit.
V.5
Lot coveraqe.
The maximum lot area covered by buiidings
shall not exceed twenty-five percent.
V.6
Yards.
A. Front yards, rear yards and side
yards facing streets shall not be less
{han twenty-five feet from any lot lines,
planned rights-of-way or road easements.
B. Side yards shall not be less than
fifteen feet in total sum with not side
yard less than five feet.
C. In case of structures over two
stories high, front and rear yard requirements
shall be increased 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 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.
Section V I
HIGH DENSITY SINGLE-FAMILY
RESIDENTIAL ZONE
Purpose.
Permitted uses.
Conditional uses.
Lot area.
Lot coverage.
Yards.
VI.1
PurDose.
The purpose of the high density single-family
residential zone is to provide for vital
single family neighborhoods having urban
density and having those community
improvements and facilities normally
associated with urban area development.
VI .2
Permitted uses.
Permitted uses shall be as follows:
A. Single-family dwellings;
B. Home occupations;
C. Underground utilities;
D. Structures normally accessory to
residential uses;
E. Planned unit developments.
VI .3
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 that demonstrate a particularly
creative design and do not substantially
reduce view opportunities from adjoining
properties;
C. Educational, cultural, governmental,
relic_lious or health care facilities.
D. Sic_ins (except exempt signs) subject
to the provisions of the sign ordinance.
VI .4
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.
VI .5
Lot coveraqe.
The maximum lot area covered by buildings
shall not exceed twenty-five percent.
VI .6
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 increased 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.
Section VII
MEDIUM DENSITY SINGLE-FAMILY
RESIDENTIAL ZONE
Purpose.
Permitted uses.
Conditional uses.
Lot area.
Lot coverage.
yards.
Purpose.
The purpose of the medium density
single-family residential zone is to provide
for vital single-family neighborhoods
having those community improvements
and facilities normally associated with
suburban development.
Permitted uses.
Permitted uses shall be as follows:
A. Single-family dwellings;
B. Home occupations;
C. Underground utilities;
D. Structures normally accessory to
residential uses;
E. Planned unit developments.
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 that demonstrate a particularly
creative design and do not substantially
reduce view opportunities from adjoining
properties;
C. Educational, cultural, governmental,
religious or health care facilities;
D. Signs (except exempt signs) subject
to the provisions of the sign ordinance.
Lot area.
A. The minimum lot area for a dwelling
unit shall be twelve thousand five hundred
square feet.
B.The minimum lot area for a dwelling
unit shall be twenty thousand square
feet when not served by sanitary sewers.
Lot coveraqe.
The maximum lot area covered by buildings
shall not exceed twenty-five percent.
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 feeL.
C. In case of structures over two
stories high, front and rear yard requirements
shall be increased 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.
Section Vlll
LOW DENSITY SINGLE-FAMILY
RESIDENTIAL ZONE
Purpose.
Permitted uses,
Conditional uses.
Lot area.
Lot coverage.
Yards.
Purpose.
The purpose of the low density single-family
residential zone is to provide for vital
single-family neighborhoods in a suburban
residential area not requiring a full
range of urban community improvements
and facilities.
Permitted uses.
Permitted uses shall be as follows:
A. Single-family dwellings;
B. Home occupations;
C. Underground utilities;
D. Structures normally accessory
to residential uses;
E. Planned unit developments.
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 that demonstrate a particularly
creative design and do not substantially
reduce view opportunities from adjoining
properties.
C. Educational, cultural, governmental,
religious or health care facilities.
D. Signs (except exempt signs) subject
to the sign ordinance.
E. Agriculture, except food processing.
Lot area.
A. The minimum lot area for a dwelling
unit 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.
VIII.5 Lot coveraqe.
The maximum lot area covered by
buildings shall not exceed twenty-five
percent.
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 increased 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.
Section I X
PLANNED UNIT DEVELOPMENT
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.
IX.1
Purpose.
The purpose of planned unit development
is to encourage development that would be
better than that resulting from the
traditional lot-by-lot development, by
applying the principles of excellent
design; the permit flexibility of design
and construction that will allow creative
approaches to development resulting in a
more efficient, aesthetic, and desirable
development; to encourage the preservation
of open space, natural vegetation and
natural ecological systems.
IX.2
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 that include areas that
encompass more than one zone the uses
permitted shall be allowed in the same
proportion as the area in each zone.
IX.3
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 underlying zoning.
IX.4
Minimum lot size.
There shall be no minimum lot size.
IX.5
Lot coveraqe.
The maximum lot area covered by buildings
shall not exceed twenty-five percent in
residential development. There shall be no
maximum lot coverage in commercial
IX.6
IX.7
IX.8
IX.9
IX.IO
PLANNED UNIT DEVELOPMENTS
page two
developments. The maximum area covered by
buildings in commercial zones shall not
exceed 1.15 percent of density of the
underlying zone.
Yards.
There shall be no minimum yards required,
except for properties that are adjacent to
a residential zone, the requirements for a
rear or side yard along a property line
abutting the residential zone shall be the
same as for the adjacent zone.
Buildinc~ types.
Where the underlying zone is single
family residential, the buildings shall be
limited to single family dwelling units.
Where the underlying zone is multifamily
residential, the allowed number of dwelling
units in a PUP may be constructed of
single-family detached dwelling units,
multiple family structures, or any
combination thereof. In commercial PUPs, up
to sixty-six percent of the gross floor
area of the PUP may be devoted to
residential uses not to exceed the number
of dwelling units permitted in a PUP in a
high density multifamily residential zone.
Height of structures
Height of structures shall conform to the
heights specified for the underlying zone.
Maintenance of commonly owned areas or
areas open to use of all residents.
The applicant for a planned unit
development shall submit to the plannin9
agency and city attorney covenants, deeds,
maintenance agreements, or other documents,
and instruments guaranteein9 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.
Permit procedure.
A. 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
PLANNED UNIT DEVELOPMENTS
page three
the applicant's intent. Such data shall
include, but not be limited to a site plan
and 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 on-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
submitted by the applicant and prepare
recommendations with respect to the
proposed 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.
Section X
COMMERCIAL ZONES
Central Business District
Madison Avenue District
North City Center District
Lower Ericksen District
Upper Ericksen District
Ferry Terminal District
High School Way District
Lower Madison Waterfront District
Gateway District
Chapter X-A
CENTRAL BUSINESS DISTRICT
Purpose.
Permitted uses.
Conditional uses.
Minimum lot area.
Lot coverage.
Yards.
Parking.
Building requirements.
X-A.1
Purpose.
The purpose of the Commercial Zone --
Central Business District is to provide
retail and personal services to the
residents of the City and the visiting
public in a pedestrian-oriented commercial
setting. It is intended that the Central
Business District retain its historical
role as the city's focus for commercial
activities.
X-A.2
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 parkin9 lots that provide
parkin9 for uses in the commercial zones in
accordance with this Ordinance, Section
XIII,7 through XII1.15;
C. Similar uses as determined by the
building official;
X-A.2
X-A.3
X-A.4.
X-A .5
CENTRAL BUSINESS DISTRICT
page two
H. Community or public park and
recreational facilities;
I. Educational, cultural, governmental,
religious, or health care facilities; J. Planned unit developments;
K. Bed and breakfast establishments;
L. Residential units providing they are
located above the ground floor. One parking
space for each residential unit shall be
provided.
Conditional uses.
Conditional uses shall be as follows:
A. Public and private utility building
and structures;
B. Structures over thirty-five feet high;
C. Other uses deemed likely to cause a
nuisance if not otherwise controlled.
Minimum lot area.
There shall be no minimum lot area.
Lot coverac~e.
There shall be no maximum lot coverage.
Yards.
A. For properties that are directly
adjacent to a residential zone, there
shall be a required yard not less than
five feet along the property line
abutting the residential zone.
B. For properties between Ericksen Avenue
and State Route 305 and properties west of
Olympic Drive Southeast and which are
within the Hall Brothers Creek and Sough
drainage, all structures, parking areas
and pavements, except for public
pedestrian access trails and viewing
platforms, shall be set back a minimum of
five feet from the top of the slope into
Hall Brothers Creek and Slough. The top
of the slope shall be defined as the
point where the slope into the creek
drainage becomes at least twenty percent
(two feet vertical fall per ten feet
horizontal distance). No structures or
pavements except for public pedestrian
access trails and viewing platforms
CENTRAL BUSINESS DISTRICT
page three
shall be built in the above specified
areas on ground with an existing slope
greater than twenty percent.
X-A.6
Parkinq.
The requirements of Section XIII, General
Requirements, parts XIII.7 through XII1.15,
shall apply with the following exceptions
and additions:
A. Required parking spaces may be
provided at a distance up to five
hundred feet from the structure they
serve, provide they are in a commercial
zone. However, parking requirements for
a new or expanded use must be met by
providing new parking spaces rather than
the leasing or purchase of existing
spaces.
B. Subject to approval as part of the
review process, the parking requirement
may be met by contributing into a public
or cooperative commercial effort to
create new parking in the Central
Business District. The amount of the
contribution shall be equivalent of that
necessary to provide the required number
of parking spaces.
C. New parking spaces will not be
required for additions to existing
buildings that are less than twenty-five
percent of the existing floor area and
less than one thousand square feet. This
exception to the parking requirements
may be utilized only once per property
and does not apply to additions or
remodeling for the purpose of adding
residential units.
D. For properties fronting on Winslow
Way, there shall be no driveway from
private property to the street except as
approved as a conditional use.
Driveways in existence prior to July 1,
1987, are excepted from this requirement.
E. For properties fronting on Winslow
Way, there shall be no parking permitted
within 10 feet of the public R.O.W.,
except as approved as a conditional use.
Parking lots in existence prior to July
1, 1987, are excepted from this
requirement.
CENTRAL BUSINESS DISTRICT
page four
X-A.6 Buildinq Requirements.
All buildings fronting on Winslow Way
shall have either:
A. A public building entry on the
building wall facing Winslow Way; or,
B. Windows or display windows covering at
least thirty percent of the ground floor
wall area of the building wall facing
Winslow Way.
Section X-B
MADISON AVENUE DISTRICT
Purpose.
Permitted uses.
Conditional uses.
Minimum lot area.
Lot coverage.
Yards.
Parking.
X-B. 1 Purpose.
The purpose of the Commercial Zone --
Madison Avenue District, is to provide
retail and personal services to the
residents of the city and the visiting
public, the opportunity for in-city living
and the opportunity for small scale
production and commercial enterprises that
benefit from a visible location, that
enhance the economic diversity of Winslow
and that do not adversely impact other
activities in this or adjacent zones.
X-B.2Permitted 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 to service
commercial uses in the commercial zones in
accordance with Section XIII,7 through
XII1,15 and with X-B.7,
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 IX, planned unit
developments;
L. Single-family residences that 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
MADISON AVENUE DISTRICT
page two
shall be applied on a case-by-case basis.
M. Multi-family residences in accordance
with Section IV.
N. Bed and Breakfast establishments.
X-B.3Conditional 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
nuisance if not otherwise controlled;
D. Senior citizen housing projects
utilizing the bonus densities set forth in
Section I V. 8.
E. Hotels and Motels. The parkin9
requirement for hotels and motels in this
zone is one stall per unit.
F. Processing and production of commercial
goods providing the following conditions are
met:
1. Impacts to environmental conditions
such as air quality, noise, visual
qualities, traffic, water run-off, etc.,
are non-significant or are satisfactorily
mitigated.
2. The City's requirements for utilities
and site improvements are met.
3. All open storage areas are screened
from the view from public property and
adjacent properties.
u,. The use incorporates a retail outlet
function, display room, display windows or
public interpretive display as part of the
fa c i I i
X-B.u, Minimum lot area.
There shall be no minimum lot area.
X-B ,5 Lot coveraqe.
The maximum lot area covered by buildings
shall not exceed thirty-five percent,
X-B.6Yards.
A. Front, rear and side yards shall not
total less than twenty feet.
B. For properties that are adjacent to a
residential zone, the requirements for a
rear or side yard along a property line
abutting the residential zone shall be the
same as for the adjacent zone.
MADISON AVENUE DISTRICT
page three
X-B.7Parkinq.
In addition to the requirements of Section
XII1,15, the following shall apply:
All parking areas shall be separated
from the public street right-of-way by a
landscape strip with a minimum width of
five feet. The plant materials in the
landscape strip shall be as approved by
the Planning Agency. Exceptions:
1, Where the development of the five-
feet-wide landscaped strip would preclude
effective development of the site due to
unusual circumstances or property
configuration, an equivalent amount of
landscaped area may be subsituted for the
five feet strip if approved during the
project review process.
2. Where the construction of public
sidewalks has left a strip of unimproved
land between the property line and the
sidewalk, the strip of land may be
improved and incorporated as part of the
required five-feet-wide landscaped strip
if approved during the project review
process.
Section X-C
NORTH CITY CENTER DISTRICT
Purpose.
Permitted uses.
Conditional uses.
Minimum lot area.
Lot coverage.
Yards.
Parking.
X-C.1
Purpose.
The purpose of the Commerical Zone --
North City Center District, is to provide
retail and personal services to the
residents of the city and the visiting
public, the opportunity for in-city living,
and the opportunity for mixed-use projects
combining residential, civic and commercial
activities.
X-C.2Permitted 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 Section XII I, General Regulations,
parts XIII.7 through XIlI.15.
G. Similar uses as determined by the
buildin9 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 IX, planned unit
developments;
L. Mobile home parks.
M. Single-family residences that 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 singEe-family residences and
shall be applied on a case-by-case basis.
NORTH CITY CENTER DISTRICT
page two
X-C.3Conditional 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
nuisance if not otherwise controlled;
D, Senior citizen housing projects
utilizing the bonus densities set forth in
Section IV.8.
E. Multi-family residences in accordance
with Section I V.
X-C.4Minimum lot area.
There shall be no minimum lot area.
X-C. 5 Lot coveraqe.
The maximum lot area covered by buildings
shall not exceed thirty-five percent.
X-C. 6 Yards.
A. Front, rear and side yards shall not
total less than twenty feet.
B. For properties adjacent to a
residential zone, the requirements for a
rear or side yard along a property line
abutting the residential zone shall be the
same as the adjacent zone,
C. Structures over thirty-five feet shall
be set back from adjacent properties in
residential zones and from public right-of-
way a minimum of fifteen feet. The required
setback from public property and the
required front yard setback may be satisfied
by providing an equivalent amount of
landscaped, publicly accessible open space
on the property, upon approval during the
project review process.
X-C.7Parkinq.
The requirements of Section IX.7 through
IX. 15 shall apply .with the followin9
exceptions and additions:
A. Required parkin9 spaces may be
provided at a distance up to five hundred
feet from the structure they serve,
provided they are in a commercial zone.
However, parkin9 requirements for a new or
expanded use must be met by providin9 new
parkin9 spaces rather than the leasin9 or
purchase of existin9 spaces.
NORTH CITY CENTER DISTRICT
page three
B. Subject to approval as part of the
review process, the parking requirement
may be met by contributing into a public
or cooperative commercial effort to create
new parking in the Central Business
District. The amount of the contribution
shall be equivalent of that necessary to
provide the required number of parking
spaces.
Section X-D
LOWER ERICKSEN DISTRICT
Purpose.
Permitted uses.
Conditional uses.
Minimum lot area.
Lot coverage.
Yards.
Parking.
X-D.1
Purpose.
The purpose of the Commerical Zone '-
Lower Ericksen District, is to provide small
scale commercial services to the residents
of the city and. the visiting public and to
provide a high quality setting for existing
and new residences near the Central Business
District. The provisions herein are intended
to integrate community-oriented Gommercial
activities within a viable and stable
residential neighborhood.
X-D.2 Permitted uses.
Permitted uses shall be as follows:
A. Retail sales in structures with
footprints smaller than 1,000 square feet.
Gasoline filling stations, fast food
restaurants, drive-in businesses and
businesses with outdoor storage areas are
excluded;
B. Personal and professional services;
C. Bed and breakfast establishments;
D. Small appliance repair and similar
Uses;
E. Signs subject to the provisions of the
sign ordinance;
F. Similar uses as determined by the
building official;
G. Community or public park and
recreational facilities;
H. Planned unit developments;
I. Residences in accordance with the
provisions of Section IX, planned unit
developments;
J. Multifamily residences in accordance
with Section IV as well as the provisions of
this chapter;
K. Single-family residences.
X-D.3Conditional uses.
Conditional uses shall be as follows:
A. Public and private utility buildings
LOWER ERICKSEN DISTRICT
page two
and structures;
B. Structures over thirty-five feet high
and structures with a flat roof that are
over twenty-five feet high;
C. Other uses deemed likely to cause a
nuisance if not otherwise controlled;
D. Senior citizen housing projects
utilizing the bonus densities set forth in
Section IV.8;
E. Indoor entertainment and amusement
excluding taverns;
F. Educational, cultural, governmental,
religious or health care facilities.
G. Retail sales in structures with
footprints larger than 1,000 square feet.
X-D.4Minimum lot area.
There shall be no minimum lot area.
X-D.5Lot coveraqe.
A. The maximum lot area covered by
buildings shall not exceed thirty-five
percent.
B. The maximum lot coverage of any single
building including porches and decks over
three feet above grade and attached garages
shall be two thousand square feet. If two or
more structures occupy the same lot, the
structures shall be separated by a strip of
open land or lane at least five feet in
width.
X-D.6Yards.
A. Front, rear and side yards shall not
total less than twenty-five feet. Side yards
shall be at least five feet. Front yards
shall be at least fifteen feet.
B. For properties east of Ericksen Avenue
that are within Hall Brothers Creek and
Slough drainage, all structures, parking
areas and pavements except for public
pedestrian access trails and viewing
platforms shall be set back from the top of
slope into Hall Brothers Creek and Slough a
minimum of five feet. The top of slope shall
be defined as the point where the slope into
the creek drainage becomes at least twenty
percent (two feet vertical fall per ten feet
horizontal distance}. No structure or
pavements in the area specified above except
for public pedestrian access trails and
viewing platforms shall be built in the Hall
LOWER ERICKSEN DISTRICT
page three
Brothers Creek and Slough drainage on ground
with an existing slope greater than twenty
percent.
X-D.TParkinq.
A maximum of two parking spaces shall be
allowed in a front yard.
Section X-E
UPPER ERICKSEN DISTRICT
Purpose.
Permitted uses.
Conditional uses.
Minimum lot area.
Lot coverage.
Yards.
X-E.1
Purpose.
The purpose of the Commercial Zone '-
Upper Ericksen District, is to provide
professional and minor retail services to
the residents of the city and the visiting
public,
X-E.2
Permitted uses.
Permitted uses shall be as follows:
A. Retail sales under two thousand square
feet per business. Fast food restaurants,
automobile filling stations, drive-in
businesses and businesses with outdoor
storage areas are excluded;
B. Personal and professional services;
C. Indoor entertainment and amusement
under two thousand square feet, excludin9
taverns;
D. Small appliance repair and similar
USES;
E. Signs subject to the provisions of the
sign ordinance;
F. Commercial parking lots in accordance
with Section XIII.7 through XII1.15;
G. Similar uses as determined by the
buildin9 official;
H. Community or public park and
recreational facilities;
I. Educational, cultural, 9overnmental,
religious, or health care facilities; J. Planned unit developments;
K. Residences in accordance with the
provisions of Section IX, planned unit
developments;
L. Multifamily residences in accordance
with Section IV;
M. Single-family residences.
X-E.3
Conditional uses.
Conditional uses shall be as follows:
A. Public and private utility buildings
and structures;
X-E.4
X-E.5
X-E.6
UPPER ERICKSEN DISTRICT
page two
B. Structures over thirty-five feet high;
C. Other uses deemed likely to cause a
nuisance if not otherwise controlled;
D. Senior citizen housing projects
utilizing the bonus dnesities set forth in
Section I V.
Minimum lot area.
There shall be no minimum lot area.
Lot coveraqe,
The maximum lot area covered by buildings
shall not exceed thirty-five percent.
Yards.
A. Front, rear and side yards shall not
total less than twenty feet.
B. Properties abutting State Route 305
right-of-way whall have a landscaped strip
of land at least five feet wide separatin9
any structure or pavement from the State
Route right-of-way. This requirement shall
not apply to those properties between
Knechtel Way NE and Wallace Way NE.
C. Parking spaces in front yards shall be
separated from street right-of-way by a
landscaped strip at least five feet wide.
The plant material in the landscape strip
shall be approved by the Planning Agency.
Exceptions:
1. Where the five feet wide landscape
strip would preclude effective
development of the site due to unusual
circumstances or property configuration,
an equivalent amount of landscaped area
may be substituted for the five feet
strip if approved during the project
review process.
2. Where the construction of public
sidewalks has left a strip of improved
land between the property line and the
sidewalk, the strip of land may be
improved and incorporated as part of the
required five feet wide landscaped strip
if approved during the project review
process.
D. For properties that are adjacent to a
residential zone, the requirements for a
rear or side yard along a property line
abutting the residential zone shall be the
same as for the adjacent zone.
Section X-F
FERRY TERMINAL DISTRICT
Purpose.
Permitted uses.
Conditional uses.
Minimum lot area,
Lot coverage.
Yards.
X-F.1
Purpose.
The purpose of the Commercial Zone --
Ferry Terminal Djstirct is to provide:
1. An efficient transportation link for
ferry boat, automobile, public transit,
bicycle and pedestiran traffic serving
Winslow, Kitsap County and the Olympic
Peninsula.
2. Automobile parking in support of the
transporation function.
3. An attractive entry point into
Winslow that is, as much as possible, in
keeping with the city's intimate
character and natural setting.
4, Retail and personal services for
residents and visitors to the city.
X-F.2
Permitted uses.
Permitted uses shall be as follows:
A. Surface and structured parking lots
that primarily serve ferry passengers;
B. The following uses providing that
parking spaces dedicated to ferry terminal
passengers are also provided in the amount
of one space per three hundred and fifty
square feet of lot area. The number of
parking spaces required for ferry terminal
shall be in addition to the number of
parking spaces required for the proposed
development as specified in Section XIII.8.
(Exception: If it can be shown that the
property in question cannot accommodate one
stall per three hundred and fifty square
feet of lot area on a single level of
surface parking, the Planning Agency may
reduce the number of parking spaces
required under this provision to the number
that can be accommodated by a single level
of surface parking. )
1, Retail sales not requiring outdoor
storage;
2. Personal and professional services;
3. Indoor entertainment and amusement;
FERRY TERMINAL DISTRICT
page two
4. Signs subject to the provisions of
the sign ordinance;
5. Similar uses as determined by the
building official;
6. Community or public park and
recreational facilities;
7. Educational, cultural, governmental,
religious or health care facilities; 8. Planned unit developments;
9. Residences in accordance with the
provisions of Section IX, planned unit
developments;
10. Hotels and motels.
X-F.3 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
nuisance if not otherwise controlled;
D. Retail sales not requiring outdoor
storage;
E. Personal and professional services;
F. Indoor entertainment and amusement;
G. Signs subject tothe provisions of the
sign ordinance;
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 IX, planned unit
developments;
L. Hotels and motels.
The above conditional uses shall conform
to the conditions set by the City Council
to meet the following requirements:
1. That adverse impacts to vehicular or
pedestiran traffic or to the safety of
pedestrians are non-significant or are
satisfactorily mitigated, The Council may
require that on-site or off-site traffic
improvements be made or set conditions on
location and configuration of access points
and driveways.
2. That adequate parking as determined by
the City Council for all on-site uses be
provided. Where the Council determines that
X-F.4
X-F.5
X-F.6
FERRY TERMINAL DISTRICT
page three
on-site parking demand exceeds the spaces
required under Section XIII.8, the Council
may require that additional spaces be
provided on site.
3. That adverse impacts to neighboring
properties, including light, glare, noise,
litter, access and aesthetics are non-
significant or are satisfactorily
mitigated. The Council may require yard
set-backs, height restrictions or other
conditions to insure that the rights of
adjacent properties are protected.
4. That substantial adverse impacts to
aesthetics be mitigated. The Council may
require a landscaped strip up to fifteen
feet in width adjacent to public property
be provided and improved in accordance with
Section XIII, general requirements.
Minimum lot area.
There shall be no minimum lot area.
Lot coveraqe.
A. For uses on lots that also provide
parking spaces dedicated to ferry
passengers, the maximum lot coverage shall
be calculated according to the following
formula:
Total lot coverage =
35% + 65%[N/(L.A./350)]
Where N = Number of parking spaces
dedicated to ferry passengers and
L.A. = Total lot area as measured in
square feet.
B, For uses on lots that do not provide
ferry terminal passenger parking, the
maximum lot coverage is thirty-five
percent.
Yards.
A. For properties directly adjacent to a
residential zone there shall be a required
yard not less than five feet along the
property line abutting the residential
zone. This yard setback shall apply to
parking structures and surface parking lots
as well as structures.
Section X-G
HIGH SCHOOL WAY DISTRICT
Purpose.
Permitted uses.
Conditional uses.
Minimum lot area,
Lot coverage.
Yards.
Landscaping.
X-G.1
Purpose.
The purpose of the Commercial Zone '-
High School Way District, is to provide
retail and personal services to the
residents of the city and the visiting
public.
X-G.2
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 the
sign ordinance;
F. Commercial parking lots in accordance
with Section XIII. 7 through XII1.15;
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 IX, planned unit
developments;
L. Single-family residences 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.
M. Multifamily residences in accordance
with Section V, submitted as a planned unit
development.
X-G.3
Conditional uses.
Conditional uses shall be as follows:
A. Public and private utility buildings
and structures;
X-G.4
X-G.5
X-G.6
X-G.7
HIGH SCHOOL WAY DISTRICT
page two
B. Structures over thirty-five feet high;
C. Other uses deemed likely to cause a
nuisance if not otherwise controlled;
D. Senior citizen housing projects
utilizing the bonus densities set forth in
Section IV.8.
Minimum lot area.
There shall be no minimum lot area.
Lot coveraqe.
The maximum lot area covered by buildings
shall not exceed thirty-five percent.
Yards.
A. Front, rear and side yards shall not
total less than twenty feet.
B. For properties that are adjacent to a
residential zone, the requirements for a
rear or side yard along a property line
abutting the residential zone shall be the
same as the adjacent zone.
Landscapinq.
In addition to the requirements in
Section IX, the following requirements
shall apply:
A. There shall be a landscaping strip at
least fifteen feet wide separating
buildings and parking lot pavements from
street right-of-way along State Route 305
and a landscaping strip at least five feet
wide along High School Way. The plant
materials in this strip shall be as
approved by the Planning Agency. Where the
development of this landscaping strip would
preclude the development of the site or
where there are special circumstances to be
considered, an equivalent amount of
landscaped area may be substituted if
approved during the project review process.
B. there shall be a pedestrian sidewalk
at least four feet wide constructed along
High School Way as part of the improvements
of any property in this zone fronting on
High School Way.
C. The requirements of A and B above may
be partially met by participatin9 in a
coordinated project to improve the public
street right-of-way, upon approval of the
Planning Agency and other applicable review
procedures.
Section X-H
LOWER MADISON WATERFRONT DISTRICT
Purpose.
Permitted uses.
Conditional uses.
Minimum lot area.
Lot coverage.
Yards.
Parking.
X-H.1
Purpose.
The purpose of this Commercial Zone '-
Lower Madison Waterfront District, is to
provide retail and personal services to the
residents of the city and the visiting
public in a pedestrian and water oriented
setting. It is intended that businesses be
water or pedestrian related and that this
area provide public access to the
waterfront, preferably inciuding a
waterfront trail system from Wood Avenue
across the Madison Avenue Slough.
X-H.2
Permitted uses.
The following are permitted uses:
A, Retail sales excluding businesses
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. Fishing piers and boardwalks;
G. Marinas;
H. Community or public park and
recreational faculties;
I. Planned unit developments;
J. Residences in accordance with the
provisions of Section IX, planned unit
developments;
K. Bed and breakfast establishments;
L. Single-family residences that 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.
X-H.3
Conditional uses.
Conditional uses shall be as follows:
A. Structures between 25 and 35 feet high
X-H .4
X-H .5
X-H.6
X-H.7
LOWER MADISON WATERFRONT DISTRICT
page two
within 200 feet of the shoreline and south
of the north boundary of Parfitt Way
extended to the shoreline which do not
significantly reduce view opportunities
from adjoining properties;
B. Structures over 35 feet high, more
than 200 feet from the shoreline or north
of Parfitt Way extended to the shoreline
which do not significantly reduce view
opportunities from adjoining properties;
C. Educational, cultural, governmental,
religious, or health care facilities;
D. Public and private utility buildings
and structures;
E. Other uses deemed likely to cause a
nuisance if not otherwise controlled;
F. Senior citizen housing projects
utilizing the bonus densities set forth in
Section I V. 8
Minimum lot area.
There shall be no minimum lot area.
Lot coveraqe.
The maximum lot area covered by buildings
shall not exceed thirty-five percent.
Yards.
A. Front, rear and side yards shall not
total less than twenty feet. Side yards
shall be at least five feet.
B. For properties adjacent to a
residential zone, the requirements for a
rear or sideyard along a property line
abutting the residential zone shall be the
same as the adjacent zone.
Parkinq.
The parkin9 requirements of Section Xll l
shall apply.
Section X- I
GATEWAY DISTRICT
Purpose.
Permitted uses.
Conditional uses.
Minimum lot area.
Lot coverage.
Yards.
Parkin9.
Purpose,
The purpose of the Commercial Zone '-
Gateway District, is to provide:
A. Retail and personal services to the
residents of the city and the visiting
public.
B, The opportunity for small scale
production and commercial enterprises that
benefit from a visible location, that
enhance the economic diversity of Winslow
and that do not adversely impact other
activities in this or adjacent zones.
C, An attractive entry point into Winslow
that emphasizes the City's intimate
character and natural setting.
Permitted uses.
Permitted uses shall be as follows:
A, Retail sales not requirin9 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. Similar uses as determined by the
buildin9 official;
G. Community or public park and
recreational facilities;
H. Educational, cultural, 9overnmentai,
religious, or health care facilities;
I. Planned unit developments.
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
nuisance if not otherwise controlled;
D. Hotels, motels and bed and breakfast
GATEWAY DISTRICT
page two
establishments. The parkin9 requirement
these uses in this zone is one stall per
unit.
E. Agriculture and the processin9 and
production of commercial goods providing
the following conditions are met:
1. Impacts to environmental conditions
such as air quality, noise, visual
qualities, traffic, water run-off, etc.,
are non-signifcant or are satisfactorily
mitigated.
2. The City's requirements for
utilities and site improvements are met.
3. All open storage areas are screened
from the view from public property and
adjacent properties.
4. The use incorporates a retail outlet
function, display room, display windows
or public interpretlye display as part of
the facility.
F. Commercial parkin9 lots.
Minimum lot area.
There shall be no minimum lot area.
Lot coveraqe.
The maximum lot area covered by buildings
shall not exceed thirty-five percent.
Yards.
A. Front, rear and side yards shall not
total less than twenty feet.
B. For properties that are adjacent to a
residential zone, the requirements for a
rear or side yard alon9 a property line
abutting the residential zone shall be the
same as for the adjacent zone.
C. All structures, parking areas and
pavements, except for public pedestrian
access trails and viewin9 platforms, shall
be set back a minimum of five feet from the
top of the slope into Hall Brothers Creek
and Slough. (The top of the slope shall be
defined as the point where the slope
directly into the creek drainage becomes at
least twenty percent -- two vertical feet
fall per ten feet horizontal distance. ) No
structures or pavements except for public
pedestrian access trails and viewin9
platforms shall be built in the area
specified above on 9round with an exisin9
GATEWAY DISTRICT
page three
slope greater than twenty percent.
Parkinq.
In addition to the requirements of
Section XIII, the following shall apply;
All parking areas shall be separated
from the public street right-of-way by a
landscape strip with a minimum width of
fifteen feet. The plant materials in the
landscape strip shall be as approved
by the Planning Agency. Exceptions:
1. Where the development of the fifteen
feet wide landscaped strip would preclude
effective development of the site due to
unusual circumstances or property
configuration, an equivalent amount of
landscaped area may be subsituted for the
fifteen feet strip if approved during the
project review process.
2. Where the construction of public
sidewalks has left a strip of unimproved
land between the property line and the
sidewalk, the strip of land may be
improved and incorporated as part of the
required fifteen feet wide landscaped
strip if approved during the project
review process.
Section XI
INDUSTRIAL ZONE
Purpose.
Permitted uses.
Conditional uses.
Minimum lot area.
Maximum lot coverage.
Yards.
XI.1
XI .2
Purpose,
The purpose of the industrial zone is to
provide areas for the development of
commercial and industiral facilities,
protect the uses of adjoinin9 zones, and
protect the natural environment from
potential air, water, noise, visual or
other forms of pollution.
Permitted uses.
Permitted uses shall be as follows:
A. Commercial uses, wholesale and retail
not requiring outdoor storage;
B. Signs subject to the provisions of the
sign ordinance;
C. Commercial parkin9 lots in accordance
with the provisions of this ordinance,
Section XIII, General Regulations, that
concern parking.
D. Community or public park and
recreational facilities;
E. Indoor entertainment and amusement
facilities;
F. Educational, cultural, 9overnmental,
religious or health care facilities; G. Underground utilities;
H. Agriculture, includin9 food
processing;
I. Accessory buildings associated with
the above uses;
J. Similar uses as determined by the
buildin9 official;
K. Permitted uses in industrial zones
which are subject to the Shorelines
Management Act shall include marine-
oriented commercial uses including:
1. Pleasure and commercial vessel
moorage,
2. Haul out facilities,
3. Marine ways,
u,. Ferry terminal, slips and repair
facilities,
5. Barge moorage and off-load slips,
XI .3
XI .4
×1.5
XI .6
INDUSTRIAL ZONE
page two
6. Marine sales and repair facilities,
7. Boat building and dry storage for
boats and marine equipment,
8. Bulk head and dock construction,
9. Outdoor storage for the above uses.
Conditional uses.
Conditional uses shall be as follows:
A. All manufacturing uses;
B. All other uses requirin9 outdoor
storage;
C. Public and private utility buildings;
D. Any use deemed likely to cause a
nuisance if not otherwise controlled;
E. Structures over thirty-five feet high.
Minimum lot area.
There shall be no minimum lot area for
industrial uses.
Maximum lot coveraqe.
The maximum lot coverage by buildings
shall not exceed fifty percent.
Yards.
A. Front yards, side yards and trails
abutting rights-of-way and road easments
shall be not less than five feet exclusive
of parking areas.
B. For properties which are directly
adjacent to a residential zone there shall
be a required yard not less than five feet
along the property line abutting the
residential zone. This yard setback shall
apply to parking structures and surface
parking lots as well as structures.
Section XII
AREAS Of SPECIAL SIGNIFICANCE
Purpose.
Identification.
Permitted uses.
Development.
Purpose.
Because of the special physical or
cultural conditions, some areas as indicated
on the official zonin9 map require extra
measures to protect the environmental
quality. Areas of special significance may
include but are not limited to steep slopes
subject to erosion and slides, wetlands and
high water table areas, drainage basins of
water systems, streams and adjoinin9
shorelands, salt water bays and adjoinin9
tide and shorelines, and wildlife and fish
habitats.
Identification of special attributes.
Prior to application for development, a
conference shall be scheduled with the
Planning Agency by the developer to identify
those special attributes of each piece of
property designated as an area of special
significance that it feels requires extra
protection in order to preserve
environmental quality. In addition, the
Planning Agency shall define what aspects it
deems prerequisite to development of each
such piece of property.
Standards.
All standards permitted in the underlying
zone shall apply to any use permitted
outright or conditionally permitted. subject
to the protective measures required by this
chapter.
Development.
Prior to development of any property
located within the zone of special
significance, the property 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 this
ordinance, Section IX.
Section XIII
GENERAL REGULATIONS
Accessory buildings.
Fences.
Sight clearance.
Landscaping -- preservation.
Landscaping -- replacement.
Landscaping -- improvement.
Parking -- space requirement.
Parking '-
Parking '-
Parking '-
Parking '-
Parking '-
Parking --
Parking --
Parking --
Utilities.
spaces required.
location of spaces.
joint use.
improvement and maintenance.
landscaping.
screening.
grades.
lighting.
Accessory buildinqs.
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 or
within ten feet of any other building.
In through lots, accessory buildings
in rear yards shall conform to the
front yard setback requirements for
a principal building. Decks less than
thirty-six inches in height extending
into required rear and side yards
may be attached to the principal building.
XI
1.2
Fences.
Fences up to six feet high may be
located in any required yard space,
except for corner lots as regulated
in this section under Sight Clearance.
Fences in excess of six feet may be
erected with the issuance of a conditional
use permit.
Siqht 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 point fifteen feet from the intersection
corner.
Landscapinq -- 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.
Landscapinq -- replacement.
Where authorized gradin9 operations require
the removal of existin9 trees, shrubs,
or 9round cover, an approximately
equivalent environmental design effect
shall be provided through the plantin9
of trees, shrubs and 9round cover.
Landscapinq -- improvement.
In the development of any property
covered in the scope of these standards,
reasonable landscape improvement,
"to conserve and restore natural beauty
and other natural resources," shall
be required as follows:
A. In residential development, not
including owner-occupied single-family
residences, landscape improvement
shall be carried out in all open areas
not,required for circulation or parking
and shall stress 9round 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; planter boxes or tubs; and
window boxes; with native flower shrubs,
ground cover and trees where practical.
C. Landscape improvement shall
be carried out to screen exposed storage
areas, exposed machinery installations,
service areas, truck loading areas,
utility buildings and structures, and
shall be of such plant materials as
will be suitable and practical in such
locations.
Parkinq -- space requirement.
Each parking space shall be at least
eight and one-half feet wide and twenty
feet long exclusive of access drives
and aisles having access from a public
thoroughfare or private access easement.
Parking spaces for small cars shall
be a minimum of seven and one-half
feet by sixteen feet. Small car spaces
may amount to thirty percent of the
required total number.
Parkinq -- spaces required.
A. Two spaces for each permanent
dwelling unit are required.
B. For retail commercial and personal
service, four spaces for each one
thousand square feet of floor area
shall be provided for every building
over one thousand square feet in floor
area.
C. For retail commercial and personal
service use in buildings under one
thousand square feet of floor area,
two spaces for each employee shall
be provided.
D. For wholesale commercial and
manufacturing, one space for each
employee is required.
E. For places of public accommodation
serving food and beverages, one space
for each four occupants as determined
by the building official.
F. For other uses or special cases,
parking requirements shall be established
by the issuance of a conditional use
permit.
Parkinq -- location of spaces.
Parking spaces serving dwelling
units shall be located on the same
lot with the building they serve.
XI
.10
Parkinq -- ioint use.
The required parking for two or
more uses may be reduced by twenty-five
percent when provided 13y a common
parking lot. Joint parking will be
authorized with the issuance of a conditional
use permit.
XI
.11
Parkinq -- iml3rovement 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:
A. Parking and access areas shall
be paved or surfaces and maintained
so as to eliminate dust and mud.
XI 1.12
X 1.13
XIII.I~
B. Adequate storm drainage facilities
shall be installed.
Parkinq -- landscalainq.
No less than ten percent of the
area of a parking lot shall be in landscaping
and no landscaped area shall contain
less than one hundred square feet,
nor be less than five feet wide. Landscaped
areas shall be distributed throughout
a parking lot in such a manner that
no landscaped area shall be more than
forty-five feet from the centerline
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 shall also
apply to automobile service stations.
Evergreen trees (without low growing
branches, gum, blossoms, or pods
that might damage cars or clog drainagel
shall constitute the primary landscaping
element. Ground cover and flowering
native shrubs 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 approximately forty-foot
centers.
Parkincl -- screeninq.
Where a parking lot abuts a side
or rear property line, a sight-obscuring,
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 angle 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, may
be planted with climbing ivy or other
evergreen vine, and shall be protected
against damage from automobiles by
curbs installed not closer than two
feet from the fence. In commercial zones,
this requirement may be waived by
the Planning Agency upon written agreement
of adjoining property owners.
Parkinq -- qrades.
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
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 proposed for a
parking lot exceed ten percent, the
agency may require a topographic survey
to show existing and proposed grades.
XII1.15
Parkinq -- liqhtinq.
All lights shall be hooded or shaded
so that direct light from the lamp is
not a nuisance to adjacent properties
or public rights-of-way.
XII1.16
Utilities.
Overhead and underground utilities
are permitted in required yard space.
Section X I V
NONCONFORMING LOTS, USES AND STRUCTURES
Continuance of existing nonconforming uses.
Conditions of continuance of existing
nonconforming uses.
Conditions of use of nonconforming structure.
Conditions of continuance of nonconforming use of
structure.
XlV.1
Continuance of existinq nonconforminq
uses.
Any lot, tract, parcel of land,
buildin9 or use in existence at the date
of adoption of the ordinance codlfied in
this title shall be a legal nonconforming
use and may continue without time limit.
XIV.2
Conditions o__f continuance o__f existinq
nonconforminq uses.
A nonconforming use of land may be
continued, provided that:
A. It is not enlarged, increased, or
extended to occupy a greater area of land
than was occupied 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 one hundred eighty days, the
subsequent use of the land shall be
conformin9.
XIV.3
Conditions of use of nonconforminq
structure.
A nonconforming use of a structure may
remain and be used, provided that:
A. It is not enlarged or altered so as
to increase its nonconformity.
B. If moved, it is made to conform to
regulations of this code for the zone of
new location.
XIV.4
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
nonconforming use by the hearing examiner.
NONCONFORMING LOTS, ETC
page two
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.
Section XV
USE AND OCCUPANCY PERMIT
Required -- issuance.
XV.1
Required -- issuance.
In addition to all other permits and
city approval required under the provisions
of this title, a use and occupancy permit
shall be required before occupancy, for
each principal structure erected on each
lot or parcel or property. Such permit
shall be issued by the building official
upon determination of compliance with the
requirements of this title and the Uniform
Building Code.
Section XVI
APPLICATIONS, HEARING AND APPEAL
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 area
of special significance.
XVI. 1
Applications qenerally.
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
correspondence relatin9 to the application
shall be directed to that address. The
applicant or designated representative
must be present at any public meeting that
has been publicly advertised to hear the
application or when the applicant has been
personally notified of such a meeting.
XVI .2
Hearinqs, final action and appeals.
A. Public hearings are required prior
to action under the provisions of this
title on applications for amendments to
the comprehensive plan, amendments to the
zoning ordinance codified in this title
and the zoning map, conditional use
permits, permits for development in the
areas 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 or
representative 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
XVI .3
XVI .~
APPLICATIONS, HEARING, AND APPEAL
page two
of this section, and subject to the
criteria set forth in Paragraphs five to
seven, all hearings, final action and
appeals of such applications shall conform
to the provisions of the hearings
procedure ordinance, codified at Chapter
2.16.
Specific criteria to be demonstrated in
hearinqs held on application for varia~e.
In any hearin9 held to consider an
application for a variance from the
provisions of this title, the 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 permitted
uses in the same vicinity or zone,
C. The variance is necessary for the
presevation 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.
D, The need for a variance has not
arisen from actions taken or contemplated
by the applicant.
E. The 9ranting 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 title in the zone in
which the subject property is located.
Specific criteria to be demonstrated in
hearinqs held on application for
conditional use.
In any hearin9 held to consider an
application for a conditional use under
the provisions of this title, the
applicant must demonstrate the following:
A. The proposed conditional use is in
harmony with the spirit and intent of this
title.
APPLICATIONS, HEARING, AND APPEAL
page three
B. Development of the proposed use would
not adversely affect the health, welfare,
safety, land 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.
XVI .5
Imposition o__f conditions on__conditional
uses.
After reviewing all testimony and
materials submitted regarding an
application for a conditional 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 conditions of the
conditional use permit. (f 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 spirit of this title
and protect 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 shall incorporate a
written order detaling the applicable
conditions on development and schedule for
compliance with those conditions.
XVI .6
Criteria to be demonstrated at hearinq
held on application for planned unit
development.
In any hearing held to consider an
application for a planned unit development
under the provisions of this title, the
applicant must demonstrate the following:
A. The proposed planned unit
development is in harmony 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
APPLICATIONS, HEARING, AND APPEAL
page four
and rights of other persons.
C. The proposed planned unit
development conforms to the applicable
provisions of Section XVIII.
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 of the
proposed planned unit development is
superior to the quality of the design of
similar developments within the city.
F. The desing 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 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.
XVI .7
Criteria to be demonstrated i__n hearinqs
held on application for approval of
development in area of special
siqnificance.
In any hearing held to consider an
application for approval of development in
an area of special significance, the
applicant must demonstrate the following:
A. The proposed development complies
with the criteria set forth in paragraph
XVI.6 and proposed development those
aspects defined by the Planning Agency
pursuant to Section XII, as prerequisite
to development of the property on which
the development is to occur.
Section VXII
ADMINISTRATION
Planning Agency -- duties generally.
Planning Agency -- review of required
information.
VXII.1
Planninq A.qency -- duties qenerally.
Duties of the Planning Agency shall be
as follows:
A. Receipt and recording of all
correspondence 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 that
shall include:
1. Conditional use Permits. After
reviewing all testimony and materials
submitted regarding and 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
compliance with 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
application for building permits for
multifamily and nonresidential
developments.
ADMINISTRATION
,. page two
XVII.2
Planninq Agency_j-- review of required
i n formation.
The Planning Agency shall require such
information 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
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. Exising 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. Landscapin9 plans,
10. Other plans and drawings deemed
necessary for evaluation,
11. All adjacent streets and rights-
of-way;
D. The terms, conditions, covenants
and agreements regarding the intended
development;
E. An environmental checklist when
required bythe State Environmental Policy
Act, codified at Chapter 16.04;
F. A statement regarding proposed
dedication of trails and parks if
required by Chapter 17.08.
Section XVIII
ENFORCEMENT AND PENALTY
Compliance required.
Violation --notification by building official--
appeals.
Violation -- penalty -- civil and criminal
proceedings.
Permit revocation procedure,
XVIII .1
Compliance required.
It is unlawful for any person, firm
or corporation to use, occupy or
maintain any building, structure or land
or to erect, construct, reconstruct,
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.
XVIII.2
Violation -- Notification by buildinq
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 that 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 building official shall be
final unless, within fourteen days from
the date of the order, the person to
whom the order is issued files a
petition for review with the hearing
examiner, who shall conduct a hearin9
and issue an order in the matter. The
hearing examiner's order shall be final
unless within thirty days from the date
of the hearing examiner~s order an
appeal is taken to the county superior
court.
XVII[.3
Violation --__penalty -- civil and
criminal procedinqs.
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
ENFORCEMENT AND PENALTY
page two
official or hearing examiner, the city
may enforce this title through civil or
criminal proceedings or both. In the
event criminal proceedings 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 violation of
this title, such proceedings may be
commenced in either the municipal court
or the county superior court.
XVIII.4 All permits issued persuant to the
provisions of this title may be revoked
and declared invalid after compeltion 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
this 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
permit. The hearing examiner shall issue
an order revoking the permit where a
violation of this title is found to
exist.