Loading...
ORD 63-123 CURRENT SALARIESTf~VN OF WINSLOW, WASHINGTON ORDINANCE NO. 123 ~JJ ~J.~ND}.~.RT to ORDR~NCE NO. 21 to Establish Current Salaries To Tovm Employees. WHEREAS, Ordinance No. 21 establishes the salary for Officers and employees of the Town of Winslow, and V~EREAS, it is considered in the best interests of the Tmvn to increase the salaries of its employees, and. WHEREAS, provision for such payroll increase v~s made a part of the 1963 Budget; N~lf THEREFORE ZZ IT ORDAI}~ED by the Council of the Town of Winslow, Washington, as follows: That Ordinance No. 21 is hereby amended to establish the following salaries: Street Supt. C]srk/Treasurer Deputy Clerk $ 400.00 per Mo. 375.00 " 230.00 " That such changes be effective January 1, 1963. PASSED by the Council of the Town of Winslow, Washington and approved by its Mayor this ~th day of February 1963- ATTEST: Mayor ORDINANCE NO. 124 An ordinance p r o v i d i n g for the pubBc health, safety, morals and general welfare, and in order to secure for the citi- zens of the town of Win:slow the social and economic advan- tages resulting from an orderly planned use of the land resour- ces within the town, and to re- gulate the location and use of buildings, structures and land for r e s i d e n c e, business, in- dustrial and other purposes, and to provide official land use plans to guide, control and regulate the general growth of the town and developments on and of pu- blic and private property with- in the town in accordance with these plats, the T~wn Council of the Town of Winslow, Wash- ington, does hereby adopt and establish as official these dis- tricling and land use regluati~ns and the zoning map for the Tc, wn cf Winslaw, Wasinn~ton. Be it ordained by the Town Cramoil of the Town of Winslow, Washington, as follows: I. SHORT TITLE This ordinance shall be known and may be cited as "The Win- slew Comprehensive Zoning Or- dinance". II. DOCUMENTS This ordinance shall consist of the text heroin contained and the map known as the Zoning Map which delineates and defines the Boundaries of the various districts and all amendments to this ordin- ance and to the Zoning Map auth~>rized by the Town Council. Ill. DEFINITIONS Except where specifically de- fined here2n, all words used in this ordinance shall carry their customary meanings. Words used in the present tense include the future, an,d the plural includes the singular; the word "shall" is a 1 w a y s mandatory, the word "may" denotes a use of discre- tion in making a decision; the words "used" or "o.ceupied" shall be considered as though followed by the words "or intended, ar- ranged or designed to be used or occupied". ACCESSORY BUILDING. A subordinate building, the use of which is incidental to the use of the main building on the same lot. APARTMENT HOUSE. A buil- ding or portion of a building ar- ranged or designed to be occupi- ed by three or more families liv- ing independently of each other. AREA, SITE. The total hori- zental area within the property Iines excluding external streets. AUTO COURT. This term in- cludes tourist court, motor lodge, motel, c.abin court, motor inn and similar na,mes. An auto court is a building or buildings, detached or in connected units or designed as a single structure, the units of which are used as individual sleeping or dwelling units having their own private toilet facilities, and may or may not have their own kitchen facilities, and are designed primarily for the accom- modation of transient automobile travelers. Accommodations f o r trailers are not included. BOARDING HOUSE. A dwell- ing in winch not more than four roomers and/or boarders are housed or fed. BOAT HOUSE. See Garage, Private-Public. BUII.r~ING. A building is a structure as heroin defined. When scparated by division walls with- out openings each portion so se- parated shall be eonsidernd a se- parate building. BUILDING LINE. The line of that face or corner or part of a building n e a r e s t the property line. BUILDING SITE. See Area Site. CLINIC. A building designed and used for the meal/seal and sur- gical diagnosis and treatment of outpatients under the care of doc~ tots and nurses. DETACHED BUILDING. A buil- ding surrounded on all sides by open space. DWELLING, ONE-FAMILY. A detached building containing but one kitchen, designed for and oc- cupied exclusively by one family and the household employees of that family. DWELLING, MULTI--FAMILY A building designed to house two or more families living indepen- dently of each other. FLOOR AREA. The sum of the cross horizontal areas of the floors of a building or buildings, measured from the exterior walls and from the center line of divi- sion walls. GARAGE, PRIVATE. A shelter- ed or enclosed space designed and used for the storage of the motor vehicles or boats of the residents of the premises. GARAGE, PUBLIC. A building or portion thereof designed and used for the storage, repair or servicing of m~or vehicles or boats as a business. IIOME OCCUPATION. An oe- ocupation or profession winch is cus~omarily carried on in a dwel- ling unit or in a building or other stru,cture accessory to a dwel- ling unit and is carried on by a member of the family residing within the dwelling unit and is clearly incidental and secondary ~{, the use of the dwelling unit for residential purposes. JUNK YARD A lot, land or structure, or part thereof, used for the collecting, storage and sale o~ waste paper, rags, scrap metal or discarded material; or for the collecting, dismantling, storage, salvaging or s ale of parts of macinnery or vehicles not in run- ning condition. KENNEL. More than three dogs and one litter of unweaned pups cor. stitutes a kennel. LOT. A lot in the meaning of this ordinance is a single tract of land, no matter how legally described, whether by metes and bounds and/or by lot or lots and block designation as in a recorded plat, winch at the time of apply- ing for a building permit is desi- gnated by its owner or developer as the tract to be used, developed o~ built upon as a unit of land under single ownership or control and assigned to the particular use fm which the building permit is being secured. LOT, CORNER. A lot at the junction of and frontinS on two or more intersecting streets. LOT DEPTH. The mean dimen- sion of the lot from. the f r on t street line to the rear line. LOT, IN'rI~RIOR. A lot frontinS on one street. LOT, THROUGH. A lot frontinS o~: two streets that do not inter- sect on the pareel's lot lines. LOT WIDTH. The .dimension of the lot line at the street, or in an irregular shaped lot the dim- ension across the lot at the build- ing line. MOBILE HOME OR TRAILERS. A vehicle used for living or sleep- ing purpose. MOBILE HOME & TRAILER PARKS. An area of land des- igned and occupied by two or more Mobile Homes or Trailers. NON - CONFORMING BUILD- ING. A building or s t r u c t u r e which does not conform in its con- sirnotion, area, y a r d require- ments or height to the regula- tions of the district in winc,h it is located or to the requirements of the Uniform Building Code, 1958 Edition and Amendments. PARKING SPACE. Each berth shall be not less than ten (10) feet in width by twenty (20) feet in length. STREET. A public thorough- fare which affords the principal means of access to abutting pro- portion. STRUCTURE. A combination of materials constructed and er- ected permanently on the ground or attached to something having a permanent location on the ground. Not included are residential fen- ces, re4caiinng walls less that 3 ft. in height, rockeries and similar iml~rovements of a minor ¢ha,rac- ter. STRUCTURAL ALTERATIONS Any ,change in l~ad or stress of the lo,aded or stressed members of a building or structure. TRACT. A lot. Usually sever- al acres in area. TRAILER. See Mobile .Home. YARD.An unoccupied space o- pen to the sky, on the same lot with a building or structure. YARD, FRONT. An open unoc- cupied space extending from the principal street line to the near- est point of a roofed b~ildtng on the lot and including full w~dth of the lot to its side lines. YARD, REAR. An open unoc- cupied space extending from the rear lot line to the nearest point of the roofed main building on the lot and i~c,luding the full width of the lot to its side lines. YARD, SIDE. An open unoc- cupied space extending from the front yard to the rear yard and from the nearest point of the roofed main building to the side lot line. IV. ESTABLISHMENT OF ESSEN- TIAL USE DISTRICTS In order to classify, regulate and se,~egate the uses of land, buildings and structures, the Town of Winslow is hereby divided into. the foilowing districts: ESSENTIAL USES- SYMBOL -- DESCRIPTION (Abbreviated): Single Family R-I R-8.5--Residence District -- 8,500 sq. ft. rain. lot; R-10--Residence District -- sq. ft. min. lot; R-12.5--Residence District--12,500 sq. ft. rain. lot; Multi-Family Resklence R-2--2 Family District -- 8,500 sq. ft. min. lot; R-3---3 or more Families -- 8,500 sq. ft. rain. lot; Residence-Service R-S---Residence-Service Business --8,500 sq. ft. rain. lot; Business Districts B-l--Retail Business District Off-Street Parking B-P--Auto Parking District ManufactUring C-I--Light Manufacturing Dis- trict; C-M--Heavy Manufacturing Dis- trict An essential use is a primary use for which purpose the regu- lations and district exist. The boundaries of these districts are defined on the Zoning Map ~vhich is a part of this ordinance. Untoupped shorelands shall be considered to be within the same land use district as the adjacent land, as shown on the Zoning Map. V. LAND USE DISTRICTS In order to carry out the purpose of this ordinance in the interest of public health, safety, morals and general welfare, the follow- ing use classifications are estab- lished: A. R-8.5 RESIDENTIAL DISTRICT: The minimum lot area in this district shah be 8,500 sq. ft., except as other- wise heroin permitted. USES PERMITfED: Single fa- mily dwellings, churches, com- munity club houses, hbraries, museums, s c h o o l s, colleges, parks, bu.ildjng or development necessary for the operation of a public utility; and home cupations, as hereinafter pro- vided. BUILDING LOT STANDARDS: Minimum Lot size 8,500 s. ft. Minimum Lot Width at building 70 ft. Minimum Lot Width at street line 30 ft. Maximum Land Coverage Interior Lot Corner Lot Front Yard Side Yard 35% 40% 20 ft. One side yard 5 ft. The total of the two side yards shall be 15 ft. 25 ft. Rear Yard Maximum building height 30 ft. 2 stories One off street parking space shall be provided. An application for designation of Business Parking for u,ses, in con- junction with uses here permit- ted, shall be presented to the Town Engineer and Town Plan- ning Commission for their writ- ten approval. An application for a permit for a home occupation shall be pre- sented to the Town Council of Winslo~v, and if upon investiga- tion, the Council finds the intend- ed use is a permitted use and complies with the requirements hereof, such application shall be granted. B. R-10 RESIDENTIAL DISTRICT. Same as R-8.5, ex- cept: Minimum lot size-10,000 sq. ft. Minimum lot width at building- 80 ft. C. R-12.5 RESIDENTIAL DISTRICT. Same as R-8.5, ex- cept: Minimum lot size-12,500 sq. ft. Minimum lot width at building- .... 80 ft. D. R-2 RESIDENTIAL DISTRICT --TWO FAMILY (Duplex): Same as R-8.5, except that two- family dwelling shall be allowed. E. R-3 RESIDENTIAL M~ TIPLE--FAMILY DISTRICT. Same as R-8.5, except, Maxi- mum building height shall be 40 ft., 4 stories, and motels, mo- tor ,courts and apartments shah be allowed. In addition to the minim~m lot size of 8,500 sq. ft., there shall be provided, in addition to the dwellings, a minimum d 1,000 sq. R. of land for each additional unit. Mo- bile home parks .must meet all requirements of th~s Regulation governing t h e establishment and maintenance of mobile home, trailer parks, and off- street parking which meet the requirements hereinafter pro- vided. F. R-S RES~'DENTIAI~SERVICE DISTRICT The minimum lot area for re- sidential uses in this district shall be 8,500 square feet. USES PERMITTED: Single fa- mily dwelling and .home occu- pation subject to the regulations of R-S.5 District; 2-family (du- plex) subject to the regulations of R-2 District; residential mul- tiple-family dwellings subject to the regulations of R-3 District; accessory buildings and struc- tures but none housing ani- mals or fo~vls; churches, clubs or fraternal societies, memorial .b~ildings, community club hous- es, ar~ gal,leries, libraries, muse- ums. The parking areas and service yards must be sight screened from adjcining resi- dences, .buildings or developments for the operation of a public utility; p u b 1 i c transportation shelter stations on public right- of-ways; profes sio. nal oK- rice buildings for doctors, archi- tects, lawyers or engineers or offices of a similar nature, pro- vided the buildings conform in character with developments on surrounding property. Parking areas and service yards mus~ be sight screened fro.m adjoin- ing residential property. Public transportation s y s t e m ter- minals; municipal buildings; po- lice stations and fire stations. G. B-1 BUSINESS DISTRICTS- GENERAL ESSENTIAL USES: Retail s t o: r e s and personal service shops. Studios. Shops for cus- tom work or the making of cus- tom a r t i e 1 e s, not invol~ing noise, odor or chemical waste. Office and h o t e I bufidings, newspaper offices and printing works, retail building ,material housed in a buildix~g. Retail up- holstery shops, provided the use creates no f i r e hazard greator than is normal to the uses permitted in this district. Laundry, cleaning and pressing agencies, restaurants, taverns, cocktail bars, cabarets. Automobile service stations, in- eluding minor maintenance and repair service; new car auto- mobile sales and display room buildings and the repair and servicing accessory to the busi- ness. Used car sales, acces- -snry to the primary new car agency when housed in a build- ing or on an open lot, not to ex- ceed in area two times the area ~ the agency building and con- rignuns to the new .ear agency. The used car area shall be other than the r e q u i r e d Business Parking area. Enclosed food stores. Buildings for the rental of frozen food lockers. H. C-1 MANUFACTURING-LIGHT Assembly, manufacturing o r processing plants, which will not generate obnoxious fumes, odors, smoke, waste, and un- due traffic congestion. Commercial and private ware- houses, truck terminal facilities and storage yards, if adequate- ly screened from abuttin,g pro- perties and public right-of-way. 1. Building supplies and land- scap'rag materials. 2. Domestic fuels if screened from all abutting land. 3. Taverns and eating estab- lishments. 4. Laundry, cleaning and dye- ing establishments. 5. Auto wrecking if screened from all abutting land. The minimum lot size for C-1 zoned land shall be 10,000 square feet. Minimum setback from centerline of street, 80 feet. Side yards will not be required unless property abuts on an R or B district, in which case a minimum of five (5) feet shall be required on the abu.~ting side Rear Yard shall be ten (10) feet except where property a- buts on an R or B district, in which .case it shall have the same rear yard as the R dis- trict. I C-M MANUFACTURING, HEAVY USES PERMITTED: The man- ufacturing of durable goods and the processing oK foodstuffs fo~' wholesale distribution and in- cluding: 1. Concrete mix plants and plaster, brick, tile or tetra curia manufactuu:ing. 2. Chemic.als, fertilizer, and by-products of coal, wood and petroleum manufa!cturir~g. 3. Dry kilns, saw mills, plan- ing mills, plywood mills and wallboard manufacturing. 4. Drydocking, riveting proces- ses, ship and beat building where vessels more th~n one- hundred and twenty (120) feet in overall length are produced. 5. Automobile wrecking and the assembling of industrial junk, power generating plants and accessory facilities, and ex- tractive industries. 6. Concrete mix plants with crushing. 7. Commer2ial and Private ware- houses, truck terminal facilities and storage yards. 8. The following retail sales and services: Articles manu- factured, assembled, or process- ed on the premises and/or di- rectly related to the primary land use. OTHER USES: Residential ~se, only by owner or for caretak- ing purposes with sight screen- ed. BUILDING HEIGHT L I M I T: No buildix~g or the enlargement of any building or structure shall hereafter be erected or maintained to exceed three (3) stories or forty-five (45) fees in height. BUILDING LOT STANDARDS: Minimum lot size-40,000 sq. ft. Minimum setback from the center line of street-80 ft. OTHER REQUIREMENTS: Signs shall be permitted withLu the building and height lines al- lowed for the building. Vehicle loading and unloading must take place within building and set- back lines. VI. RULES, REGULATIONS AND STANDARDS Any lot of any size can be used for a building site, subject to the regulations governing the use district in which it is loca- ted, if it was officially re:corded in the County offices as a separ- ately owned, si.ngle lot prior to the adoption of this ordinance, provided there was 30 feet of front- age on a public road or street, or access to a public street or road by a 20 foot private road. VII. HOME OCCUPATIONS Home occupations as ,defined herein are subject to the follow- ing conditions: (1) that the oc- cupation or profession shall be carried on wholly within the prin- cip,al building or within a build- ing cr other structure accessory thereto: (2) that no more than one person outside the family shall be employed in the home occut~ations: (3) that there shah be no exterior display, no ex- terior sign, no exterior storage o.f materials and no other exterior indication of the home o,.-cupation or .variation frmn the res!dential character of the princ'ip.al build- mg and that no offensive noise, vibration, smoke, dust, odors, heat or glare shall be produced as a result thereof. In particular, a home occupation shall include, but is not limited to, the follow- ing: art studio, ,dressmaking, pro- fessionaI offices of a dentist, law- yer, physician, engineer, archi- tect, accountant, musical instruc- tion limited to a single pupil at a time. Specifically, a home oc:cu- pation shall not include the follow- ing: barber shops, beauty par- lors, com~mercial stables or ken- nels, real estate offices, insurance offices, or restaurants. The esta- blishment of a home occupation shall require an initial l>ermit, granted by the Town Council, re- vocable by the Town Council upon its finding that there have been violations of the above regula- tions. VIII. B-P -- OFF-STREET PARKING A. Off-street p a r k i n g facilities shall be located as heroinafter specified; where a distance is s~ecified, such distance shall be the walking distance measured from the nearest point of the park- ing facility to the nearest point of the building that such facility is required to serve. 1. For one and two-f a m i 1 y dwellings: on the same lot with the building they are required to serve. 2. For multiple dwellings: not more than 300 feet from the builnding they are required to serve. 3. For uses other than those specified above: Not more than 600 feet from the building they are required to serve. B. EXPANSION AND ENLARGE- MENT: Whenever any building is en- larged in height or in ground verage, off-street parking shall be provided for said expansion cr enlargement in accordance with the requirements of the schedule; provided however, that no park- ing space need be provided in the case of enlargement or expansion, where the number of parking spaces required for such expan- sion or enlargement, since the ef- fective date of this ordinance, is less than 10 per cent of the park- ing spaces specified in the sche- dule for the building. Nothing in this provision shall be construed to r e q u i r e off-street parking spaces for the partion of such building existing at the time of Iressage of this ordinance. C. MIXED OCCUPANCIES: In case of mixed uses, the to- tal requirement for off-s t r e e t parking facilities shall be the sum of the re:tuiremems for the var- ious uses, computed separately; off-street parking facilities for any other use, except as herein- after specified for joint use. D. USES NOT SPECIFIED: ~n the ease of a use not specifi- cally mentioned in parts below, the requirements for off-street park ing facilities shall be determined by the Planting Com- mission. Such determination shall be based upon the requirements for the r~osc comparable use listed. E. JOINT USE: T~,e Planning Commission may authorize the joint use of park- ing facilities for the following uses or activities u n d e r condi- tions specified: 1. Up to 50 percent of the park- ing facilities reqaired by this chapter for a theater, bowling alley, dance hail, bar or res- taurant , may be supplied by the off-street parking facilities provided by certain other types of buildings or uses herein re- ferred to as "daytime" uses in part (4) below. 2. Up to 50 per cent of the off-street p:arking facilities re- quired by this part for any buildings or uses specified in part (4) below. "Daytime" uses may be supplied by the parking facilities provided by uses here- in referred to as "night-time" uses in part (5) below. 3. Up to 100 percent of the parking facilities required by this section for a church or for an anditori~m incidental to a public or p.aroc.hial school, may be supplied by the off-street parking facilities provided by uses herein referred to as "day- time" uses in part (4) below. 4. For the purposes of this part, the following uses are consii:lered as primary daytime uses: banks, offices, retail, personal service shops, household equipment or furniture stores, clothing or shoe repair shops, manufacturing or wholesale buildings and similar uses. S. For the purpose of this sec- tion the foBowing uses are con- sidered as primary night-time or Sunday uses; Auditoriums incidental to a public or paro- chial school, churches, bowling a I l e y s, dance halls, theaters, bars, and restaurants. F. CONDITIONS R E Q U I R E D FOR JOINT USE: 1. The building or use for which application is being made to uti- lize the off-street parkir~g facil- ities provided by another bn41ding or use, shali be located within 300 feet of such parking facilities. 2. The applicant shall show that there is no substantial conflict in the principal operating hours of the two buildings or uses for which joint use of off-street park- ing facilities is proposed. 3. A properly drawn legal in- instrument, executed by the part- ies concerned for joi~t uses ~f ore street parking facilities, approv- ed as to form and manner of execution by the Town Attorney, shall be filed with the Town Clerk, granting the users the fight to off-street parking facilities to the individual user or his assignee approved by the other party. However, the fight to occupancy of the premises for which the off- street parking facilities are main- rained, shall be commensurate with the period of time in which said parking facilities are avail- able. G. PLANS: The plan of the proposed park- ing area shall be submitted to the Town Clerk at the time of the application for the building to which the parking area is re- quired. Said plan shall clearly indicate the proposed develop- ment, including location, size, shape, design, curb cuts, lighting, landscaping, and other features and arppurtenances required. H. TABLE OF MINIMUM STAND. ARD.S: In addition to one parking space for each original permanent em. pinyen, the following are requir, ed: 1. Residential structures: One (1) for each dwelling unit. 2. Rooming houses, lodging homes, similar uses: One (1) for each sleeping room. 3. Auto courts, motel: One (1) for each sleeping unit. 4. Hotels: One (1) for each twl) bedrooms. 5. Hospitals and institutions, One (1) for each four (4) be,d~. 6. Theaters: One (1) for eac~ (4) seats, except one (1) for each eight (8) seats in excess of 800 seats. 7. Churches, auditoriums and similar enclosed places of as- sembly: One (1) for each six (6) seats and or one (1) for each fifty (50) sq. ft. of floor area for assembly not containing fixe~i seats. 8. Stadaims, sports arenas, and sinilar open assemblies: One (1) for each eight (8) set~ts and o~ one (1) for each 1O0 sq. ft. ot assembly space without fixed seats, 9. Libraries, secondary and ex- t e n d e d secondary classrooms: One (1) for each 250 sq. ft. of gross. floor space. 10. Dance Halls: One (I) for each twenty (20) sq. ft. of gross floor area. 11. Bowling Alleys: Six (6) for each alley. 12. Mecli'cal and Dental clinic: One (1) for each 150 sq. ft. ot gross floor area. 13. Banks, bu,siness and profes- sional offices with on-site cus- tomer service: One (1) for each 400 sq. ft. of gross floor area. 14. Offices not providing customer service on premises: One (1) for each four (4) employees, or one (1) for each 200 sq. R. of gross floor area. 15. Mortuaries, Funeral Homes: One (1) for each 75 sq. ft. of floor space used for assembly. 16. Warehouse, storage and whole- sale business: One (1) for each two (2) employees. 17. Food and beverage places with sale and consumption on the premises: If less than 4,000 sq. ft. floor area: One (l) for each 200 sq. ft. of gross floor area. ff over 4,000 sq. fl. floor area: Twenty (20) plus one (1) for each 100 sq. ft. of gross floor area in excess of 4,000 sq. ft. 18. Furniture, appliance, hard- ware, clothing, shoe, personal service stores: One (1) for each ?0~ sq. ft. of gross floor area. I9. Motor vehicle, machinery, p!umbivg, heating, ventilating. building supplies, stores and ser- vices: One (1) for each 600 sq.ft. of gross floor area, exclusive el elisplays, or one (1) for each two (2) employees. 20. Other retail stores less than 5,000 sq. ft. of gross floor area: One (1) per each 250 sq. ft. floor area 2i. Retail between 5,000 a n d 20,000 sq. ft. floor area: nineteen (19) plus one (1) for each 30b sq. ft. of gross floor area in ex. cess of 5,000 sq. fl. 22. Manufacturing uses, research, testing, processing, assembly, all ind:ulstries: One (I) for each two (2) employees on the maximum working shift, and not less than one (1) for each 800 sq. ft. of gross floor area. 23. Transportation terminal: By Planning Commission determina- tion based upon needs. 24. ;h case of a use not specified, applic,ations will be made to the Planning Commission for approv- al in accordance with these stan- dards. IX MOBILE HOME PARKS In the case o{ mobile home parks- locations to be approved or determined by the Planning Commission which shall require a Public Hearing. Mobile Home Parks applications submitted to the Planting Commission must conform to the following regul- ations: A. Each Mobile Home Park shall contain not less than three (3) acres of land and shall pro- vide a minimum area of 2,000 sq. ft., not less than 30 feet in width for each trailer, plus additional off-street parking for one auto- mobile. B. Each trailer within said Home Park, shall be set back at least 60 feet from the front street and shall have a 10 foot side clearance from any adjacent street, alley or side walk. No trailer shall be placed upon any site at any less distance than 10 feet from any other building or trailer, C. A Mobile Heme Park, ad- jacent to or abutting upon an R.-1 or R-2 area, shall provide a 10 foot h i g h minimum planting screen on the side and rear of said park. D. All streets within said park shall be paved with a hard sur- face and shall be net less than 30 feet in wi.dth, ingress and egress to said park and streets shall be subject to the approval of the Planning Commission. E. Said parks shall be adequ- ately lighted and drained and shall be constructed in compli- ance with Vhe bu$1d!ng, zontn, g, sanitation, garbage, plumbing and all other ordinances of the Town and requirements for the same shall be subject to the approval of the Health Department, Engineer and Planning Commission. F. Prior to the issuance of any permit, a plot plan in full detail shall be provided to the Town Council. Such permits shall be issued by the Town Clerk upon the payment of the fee o{ $25.00 after approval of the foregoing agencies. X ANIMALS All persons owning, caring for or otherwise permitting animals on their property except idogs, cats and ho~se animals weighing under fifty (50) pounds, shall ob- tain a Conditional Use Permit from the Town o{ WLnslow for which no fee shall therefor be charged. Application for said Per- mit shall be made not later than sixty (60) days from the passage of this Ordinance, and all such Permits shall be revocable at will by the Town, acting by the Mayor and a majority of the Town Council. XI PREVIOUS USE AND OCCUPAN- CY PER~4ITS Where, prior to the adoption c/ th~s ordinance, special authority was granted for the establish- ment or conducting of a partmul- ar use on a particular site and for a specified period o{ time or as set forth in a permit then titled USE AND OCCUPANCY, such previous permits are hereby declared to be continued as a CONDITffONAL USIg PERMIT without specified time limit, pro- vided that if the particular use is such as is not otherwise permit- ted in the use district in which it is located, such establishe~l use and improvements incident there- to shall be e~>nsidered under the terms of this ordinance as a non- co.~forming use. XII VARIANCES AND CONDITION- AL USE PERMITS In all cases where a variance is deemed necessary in connec- tion with the granting of a build- ing permit by the Town Building Official, he shall require an appli- cation to be made therefore in a form prepared by him with the payment of a fifteen dollar (1~.00) fee; then he shall cause an inspoe- tion to be made of the premises in- volved, and the posting of a notice of the date and place of a public hearing before the Planning Corn- mission. After such hearing the Planning Commission may recom- mend to the Town Council a vari- ance from the provisions of the zoning code, only in such cases as will not be contrary to the public interest and only where, owing to special conditions pertaining to a specific piece of property, the liter- al enforcement of the requirement of this Ordinance would cause un- due and unnecessary hardship. XllI AUTHORITY TO GRANT CON-DITIONAL USE PERMIT The Council may grant a CON- DITIONAL USE PERMIT after a review and recommendation by the Planning Commission of such matters as under this ordinance are required to be reviewed and allowed. The purpose of such per- mit is to assure and maintain compatibility with existing and potential uses and improvements within the general area in which such use is proposed te be loca- ted. XIV NO~]tCE AND HEARING ON AP- PLICATION FOR CONDITIONAL USE PERMITS The applications m,ay be filed with the Planning Commission by ~he property owner of record or a lessee o~ conditional vendee. It shall set forth fully the facts deemed necessary to justify the granting of the CONDITIONAL USE PERMIT. Thereafter, the Planning Commission shah give reasonable notice of the intention to consider at a public hearing the application for a CONDITION- AL USE PERMIT. PLANNING COMMISSION SHALL TRANSMIT FINDINGS AND RECOMMENDATIONS TO THE COUNCIL FOR CONCURRENCE Not more than thirty (30) days following the next regular meet- ing of the Planning Commission the proceedings o{ the pulblic hearing on a CONDITIONAL USE PERMIT the Planning Commis- sion shall set forth its findings and reasons and shall forward to the Council for concurrence, the findings and reasons which, in the opition .of the Planning Com- mission, make the granting or denial of the CONDITIONAL USE PERMIT necessary to carry out the provisions and general pur- pose of this ordinance and shall recommend that the CONDITION- AL USE PERMIT be granted or denied; and if it is recommended that the CONDITIONAL USE PER- MIT be granted, such conditions and limitations as the Planning Comrnission may deem necessary to carry out the standards as set forth in the ordinance shall be in- cluded. A FILING FEE of fifteen dol- lars ($15.00) shall accompany all CONDITIONAL USE PERMITS provided, however, the fee shall not apply to any governmental agency or municipal corporation. XVI NONeCONFORMING USES The lawful use of land existing on date of passage ef this Ordin- once, aRhough such use does not conform to the provisions hereof, may be continued, but if such non- conforming use is discontinued any future use of said land shah be in conformity with the pro- visions of this Ordinance. If no structural alterations are made, a non-conforming use of a building may be changed to another nonconforming use of the s~me or more restricted classif- ication. If a non-eonformhg use is changed to a more restricted use, no further eha~.ge is permit- ted unless to a still more re- stricted use. No existing building, designed, arranged or intended for or de- voted to a use not pet, mitted under the regulations of this Or- dinance for the district in wlqeb such building or premises is lo- cated, shall be enlarged, extended, r~:-c:~stri:cted or structurally al- tered unless such use is changed to a use permitted under the reg- ulations specified by this Ordin- ance for such district in which said building is located; provided however, that work done in any period of twelve months or ordin- ary structure! alteratioi~s, re- placements of walls, fixtures or plumbing not exceeding twenty- five percent (25c~) of the assessed ~,alue of the building. according to the assessment thereof by the Assessor of the County, for the fiscal year in wkieh such work iT done, shall be permitted, pro- vided that the cubical contents of the building as it existed on date of passage of this Ordinance be no+ increased. ~ at any time an~ building in existence on date of passage of this Ordinance which ,does not conform to the regulations for the district in which it is located, shall be destroyed by fire, ex- plosion. Act of Go~, act of public cuere. y, to the extent of more lhan seventy five (75) percent n5 the assessed value thereof, ac- cording to the assessment thereof by the Assessor for the fiscal year during which such destruc- tion occurs, then and without fur- ther action by tbe Council, the said building and the land on which said building was located or maintained shall from and after date of such destruction, be subject to all the regulations spec- ified by this Ordinance for the District in which said building and land are located. Any building remaining vacant for a continuous period of more than one (1) year shall no,t a~gain be reozeupied except by a con- forming use. The non-conforming use of a fractional part 04 a building or 1o+ shall no+ be extended to oc- cupy a greater part of the buil,d- ing or l~t than that oeeul~ied on the date of passage of this Ordin- ance, e::cep~ that a non-conform- ing use may be extended to that portion of a building which was arranged or designed for such non-conforming use as of the date of passage of this Ordinance. In every ease in which, under the provisions of any Winslow Ordinance or any statute in ef- fect at the time this Ordinance takes effect a license or permit is required for the maintenance of any structure or the establish- ing, maintaining and/or conduc- ting of any business use, and any structure or business use exists as a non-conforming use under the provisions of this Ordinance, then no such license or permit shall be authorized, issued, re- newed, reissued or extended for said business use unless and until a CONDITIONAL USE PERMIT shall first have been secured for the continued maintenance of said structure for use. X'VII INTERPRETATION, PURPOSE AND CONFIAICT In their interpretation and ap- plication, the provisions of this Ordinance shall be held to the minimum requirements adopted for the pro.m~ion of the public safety, health, morals and gem oral welfare of the Town. It is not intended by the Ordinance to interfere with or abrogate or an- nul any easements, cv'~,~nants or other agreements between par- ties, provided, however that where this Ordinance iml~ses a greater restriction upon the use of build- ings on land or upon height of bu ldings or r,-quires larger space tban is imposed or required by other Ordina,mes, rules or regu- lations or by easements, coven- ants or agreements, the provis- ions of this Ordinance shall gov- ern. XVIII FILING OF PLOT PLANS The Plaaning Commission shall in its ru,es prescribe the form and steps of all petitions, appli- cations a: d appeals provided for in this ordinance and of accom- panying data to be furnished, so as to assure the fullest practic- able presentation o{ facts for proper consideration of the mat- ter involved in each ease and for a pex~manent record. The obser- vance of the provisions of these rules shall not be construed as granting a permit for any pur- pose, but are for the purpose of avoiding errors in construction or interpretation of this ordin- ance. The intent of the above pro- vision is to protect property val- ues or the investment of public funds spent in the construction of highways and other public uti- lities or the general welfare in- herent in an orderly and decent development and growth of the State of Washipagton, by eonstru~e- ties and development of buildtugs in good taste, proper proportion and in harmony with their sar- roundtugs and to secure the best an!d most appropriate use of land. XIX AMENDMENTS AND RECLAS- SIFICATIONS, AMENDMENTS: A. An amendment, supplement or change in this Ordinance or in the Zoning Map can be initiated by the Town Council or by the Planning Commission. A publi~e hearing shall be held by the Com- mission in the manner provided for reclassifieation of property, except for reelossification to B-P. Following the hearing the Com- mission shall make its recommen- dation to the Council. RECLASSIFICATIONS: B. The owner of any land de- siring a change in use district boundaries or a reelossification of property shah present to the Planning Co,rnm'ission a petition signed and acknowledged by him, on the forms provided by the Town, stating his proposal. Draw- ings delineating the proposal shall accompany the petition. C. The Planning Commission up- on receipt of a petition by a land owner shall make an investigation of the matters involved in the proposal. The Con~mission shall call a public hearing, except for B-P reclassification, to hear the public on the proposal. Follow- ing the hearing 'and after con- siderat/on of the facts of the pro- posal, the facts brought out in the hearing and any other competent facts pertaining to the property or to properties adjacent or in the vicinity thereof the Com- mission shall within 30 days make a recommendation to the Town Council. If the Commission aft- er thorough study of the pro- posal in the petition determines that the reclassi~cation of the property or the change in use district houndaries is necessary for the preservation and enjoy- ment of any substantial property right of the petitioner and not materially detrimental to the public welfare or the property other persons located in the cinity, the Commission shall rec- ommend that the Gnunell approve the reclassification of the prop- erty. D. If the Commission recom- mends c~isapproval of the peti- tion that decision shall be final unless the owner files notice of appeal to the Taws C~>uncil with the Town Clerk within ~0 days of the Cummission's action. Upon re- ceiving notice of appeal the Coun- cil shall set a date for bearing of the subject and shall notify the parties it deems most con- cerned. Following this heating the Council may follow the recom- mendations of the Commission refer the subject to the Commis- sion for their reconsideralien and a subsequent report to the Coun- cil. E. If the Commission, follow- ing a public hearing, makes no dee!sins on the petition or sends no reeommend,atio,n to the Coun- cil for 39 days, this shall be taken as a disapproval of the petition and the owner may follow the steps of appeal as set forth in paragraph "D". F. The fee for reclassification of property shall be $25.00 for each petition, payable upon filing with the Town Clerk. Reclassifi- cation to B-P shall require no fee or public hearing. The reclassifi- eation of land in platting shall require no additional fee. XX ENFORCEMENT The Town Engineer of the Town of Winslow, or his authorized rep- resentative, is charged with the enforcement of the provisions of this ordinance. An owner, or his agent, may appeal a decision of the Town Engineer to the Town Co~cil act- ing as a Bo,ard of Adjustment. Both parties shall present their cases to the Council in writing seven days prior to the date set by the Council for hearing of the case. An appeal from the Council's decision shall be brought before the Superior Court of the State of Washington in and for Kitsap Coun- ty, which action shall be com- menced within sixty (60) days after