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ORD 63-124 PROVIDING FOR PUBIC HEALTH, SAFETY, MORALS AND GENERAL WELFARE.~ - w ..,~: .,.~ ~`. ORDINANCE NO. 124 An ordinance p r o v i d i n g for the public health, safety, morals and general welfare, and in order to secure far the citi- zens of the town of Winslow 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 Town Council of the Town of Winslow, Wash- ingtsrn, does hereby adopt and establish as official these dis- tricting and land use regluatians and the zoning map for the Town of Winslow, Washington. Be it ordained by the Town Council of the Town of Winslow, Washington, as follows: I. SHORT TITLE This ordinance shall be known and may be cited as "The Win- slow Comprehensive Zoning Or- dinance". II. DOCUMENTS This ordinance shall consist of the text herein contained and the map known as the Zoning Map ~,vhich delineates and defines the boundaries of the various districts and all amendments to this ordin- ance and to the Zoning Map authorized by the Town Council. III. DEFINITIONS Except where specifically de- fired herein, all wards used in this ordinance shall carry their cus'omary meanings. Wards used in the present tense include the future, and the plural includes the singular; the ward "shall" is always mandatory, the ward "may" denotes a use of discre- tion in making a decision; the words "used" or `occupied" 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 lat. 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 fatal hori- zontal area within the property tines excluding external streets. AUTO COURT. This term in- cludes tourist court, motor lodge, motel, cabin court, motor inn and similar names. An auto court is a building or buildings, detached or in connected units or designed as a single structure, the unites of which are used as individual sleeping or dwelling units having their own private toilet facilities, and may or may not have their awn kitchen facilities, and are designed primarily for the accom- modation of transient automobile travelers. Accommodations f o r trailers are not included. P~ h~ CQ`z -l(~ BOARDING HOUSE. A dwell- ing in which not more than four roomers and/or boarders are housed or fed. BOAT HOUSE. See Garage, Private-Public. BUII.DING. A building is a structure as herein defined. When separated by division walls with- out openings each portion so se- parated shall be considered a se- parate building. BUII.DING LINE. The line of that face or corner or part of a building nearest the property line. BUILDING SITE. See Area Site. CLINIC. A building designed and cased for the medical and sur- gical diagnosis and treatment of outpatients under the care of dac- tars 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 crass hari~ontal areas of the floors of a building or buildings, measured from the exterior walls and from the center line of divi- sion walls. G~9RAGE, 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 motor vehicles or boats as a business. IIOME OCCUPATION. An ac- ac:upation or profession which is cus',omarily carried on in a dwel- ling unit or in a building ar other structure accessory to a dwel- ling urrit and is carried an by a member of the family residing r~•ithin the dwelling unit and is clearly incidental and secondary tc~ 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 of waste paper, rags, scrap metal or discarded material; or for the collecting, dismantling, storage, salvaging ar s a 1 e of parts of ma-chinery or vehicles not in run- ning condition. KENNEL. More than three dogs and one litter of unweaned pups constitwte~s a kennel. LOT. A lot in the meaning of this ordinance. is a single tract of land, no matter haw legally described, whether by metes and bounds and/or by lot or lots and bhock deshgnatian as in a recorded plat, which at the time of apply- ing for a building permit is desi- gnated by its owner or developer as the tract to be cased, developed or built upon as a unit of land under single ownership or control and asshgned to the particular use foi which the btulding permit is being secured. LOT, CORNER. A lot at the junction of and fronthng on two or more intersecting streets. LOT DEPTH. The mean dimen- sion of the lot frame the f r o n t street line to the rear line. LOT, INTERIOR. A lot fronting on one street. LOT, THROUGH. A lot fronting os~ two streets that do not inter- sect on the parcel'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 BUHfD- ING. Abuilding ar s t r u c t u r e which does not conform in its con- strwction, area, yard require- ments or height to the regula- tions of the district in which 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 lenigth. STREET. A public thorough- fare which affords the principal means of access to abutting pro- perties. STRUCTURE. A combination of materials constructed and er- ected permanently on the ground or attached to something having a perrnanent location an the ground. Itiat included are residential fen- ces, retainhng walls less that 3 ft. in height, rockeries and similar improvements of a minor charac- ter. STRUCTURAL ALTERATIONS Any change in load or stress of the loaded or stressed members of a building or structure. TRACT. A lot. Usually sever- al acres in area. TRAILER. See Mobile Name. YARD.An unoccupied space o- pen to the sky, on the same lot with a building ar structure. YARD, FFONT. An open unoc- cnpied space extending from the principal street line to the near- est paint of a roofed building an the lot and including full width of the lot to its side lines. YARD, REAR. An open unoc- cupied space extending from the rear lot line to the nearest paint of the roofed main building on the lot and including 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 Irt order to classify, regulate and segregate the uses of land, buildings and structures, the Tawn of. Winslow is hereby divided into the following d~i~stricts: ESSENTIAL USES -SYMBOL - DESCRIPTION (Abbreviated): Single Family R-1 R-8.5-Residence District - 8,500 sq. ft. min. lot; R-10-Residence District - 10,000 sq. ft. min. lot; R-12.5-Residence District-12,500 sq. ft. min. lot; ~, ~ `r- Multi-Family Residence R-2-2 Family District - 8,500 sq. ft. min. lot; R-3-3 or more Families - 8,500 sq. ft. min. lot; Residence-Service R-S-Residence-Service Business -8,500 sq. ft. min. lot; Business Districts B-1-Retail Business District Off-Street Parking B-P-Auto Parking District Manufacftiring C-1-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 ~~hich is a part of this ordinance. Unmapped sharelands shall be considered to be within the same land use district as the adjacent lard, 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- in~ use classifications are estab- lished: A. R-8.5 RESIDENTIAL DISTRICT: The minimum lot area in this district shall be 8,500 sq. ft., except as other- wise herein permitted. USES PERMITTED: Single fa- mily dwellings, churches, com- munity club houses, libraries, museums, s c h o 01 s, colleges, parks, buildiing or development necessary far the operation of a public utility; and home oc- cupations, as hereinafter pra- vide~d. BUILDING LOT STANDARDS: D4inimum 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 35% Corner Lot 40% Front Yard 20 ft. Side Yard One side yard 5 ft. The total of the two side yards shall be 15 ft. Rear Yard 25 ft. Maximum building height 30 ft. 2 stories One off street parking space shall be provided. An application far designation of Business Parking for uses, in con- junction with uses here permit- ted, shall be presented to the Town Engineer and Town Plan- ning Commission far their writ- ten apgroval. An application for a permit for a home occupation shall be pre- sented to the Tawn Council of Winslow, 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: Minimwm 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 MUL- 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 shall be allowed. In addition to the minimum lot size of 8,500 sq. ft., there shall be provided, in addition to the dwellings, a minimum of 1,000 sq. ft. of land for each additional unit. Mo- bile home parksmust meet all requirements aP fhis Regulation governing the establishment and maintenance of mobile home, trailer parks, and off- street parking which meet the requirements hereinafter pro- vided. F'. R-S RESCCDENTIAL-SERVICE DISTRICT The minimum lot area for re- svdential uses in this district shall be 8,500 square feet. USES PERMITTED: Single fa- mily dwelling and Name occu- potion subject to the regulations of R-8.5 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 hous-ing ani- mals or fowls; churches, clubs ar fraternal socdeties, memorial buildings, community clulb hous- es, art galleries, Libraries, muse- ums. The parking areas and service yards must be sight screened from adjoining resi- dences, buildings or developments for the operation of a public utility; pub 1 i c transportation shelter stations on public right- af-ways; profes signal af- fice buildings for doctors, archi- tects, lawyers ar engineers or offices of a similar nature, pro- vided the building's conform in character with developments an surrawnding property. Parking areas and service yards must be sight screened from adjoin- ing residential property. Public transportation system ter- minals; municipal buildings; po- lice stations and fire stations. G. B-1 BUSINESS DISTRICTS- GENERAL ESSENTIAL USES: R e t a i l stares and personal service shops. Studios. Sharps for cus- tom work or the making of cus- tom articles, not involving noise, odor or chemical .waste. Office and hotel buildings, newspaper offices and printing works, retail building material housed in a building. Retail up- holstery shops, provided the use creates no fire hazard greater 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- -sary to the primary new car agency when housed in a build- ing or an an open lot, not to ex- ceed in area two times the area of the agency building and con- tiguous to the new car agency. The used car area shall be other than the required Business Parking area. Enclosed food stares. Buildings for the rental of frozen food lockers. H. C-1 MANUFACTURING-LIGHT Assembly, manufacturing o r processing plants, which will not generate ob~noxiaus 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 abuttinng pro- perties and public right~f-way. 1. Builiding supplies and land- scaping 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 an an R or B district, in which case a miniimum of five (5) feet shall be required on the abutting 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 of foodstuffs far wholesale distribution and in- cluding 1. Concrete mix giants and planter, brick, the or terra cotta manufacturing. 2. Chemicals, fertilizer, and by-products of coal, woad and petroleum manufacturing. 3. Dry kilns, saw mills, plan- ing mills, plywood mills a n d wallboard manufacturing. 4. Drydacking, riveting proces- ses, ship and boat building where vessels :more than 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. Commercial and Private ware- houses, truck terminal facilities and storage yards. 8. The following retail sales and services.: Articles manu- factured, assembled, ar process- ed on the premises and/ar di- rectly related to the primary land use. OTHER USES: Residential use, only by owner or for caretak- ing purposes with sight screen- ed. BUILDING HEIGHT L I M 1 T: No buildirg or the enlargement of any building or structure shall hereafter be erected or maintained to exceed three ~(3) stories or forty-five (45) feet in height. BUILDING LOT STANDARDS: Minimum lot size-40,000 sq. ft. Minimum setback from t h e center line of street-80 ft. OTHER REQUIREMENTS: Signs shall be permitted within the building and height lines al- lowed for the building. Vehicle loading and unloading mush take place within building and set- back lines. VI. RULES, 12EGULATYONS AND STANDARDS Any lot of any size can be used for a building site, subject to tl~e regulations governing the use district in which it is loca- ted, if it was officially recorded in the County offices as a separ- ately owned, single 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 ac- cupatan ar professia~n shall be carried on wholly within the prin- ciipal building or within a build- ing or other structure accessory thereto: (2) that no more than one person outside the family shall be employed in the home occ~z~pations: (3) that there shall be no exterior display, no ex- terior sign, no exterior storage of materials and no other exterior indication of the home occupation or eariation from the residential character of the principal build- ing 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, ~dressmakng, pro- fessional offices of a dentist, law- S~er, physician, engineer, archi- tect, accountant, musical instruc- tion limited to a single pupil at a time. Specifically, a home accu- pation shall not include the follow- ing: barber shapes, beauty par- lors, commercial stables or kenr nels, real estate offices, insurance offices, ar restaurants. The esta- blishment of a home occupation shall require an initial permit, granted by the Town Council, re- vacable by the Town Council upon its finding that there have been violations of the above regula- tions. VIII. B-P - OFF-STREET PARKING A. Cff-street parking facilities shall be located as hereinafter specified; where a distance is specified, such distance shall be the walking distance measured from the nearest point of the park- ing facility to the nearest paint of the building that such facility is required to serve. 1. For one and two-f a m i t y dwellings: on the same lot with the buulding they are required to serve. 2. Far multiple dwellings: not more than 300 feet from the building they are required to serve. 3. For uses other than those specified above: Nat 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 co- verage, off-street parking shall be provided far said expansion or 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 require off-street parking spaces for the portion of such building existing at the time of passage 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 requirements for the var- ious uses, computed separately; off-street parking facilities far any other use, except as herein- after specified for joint use. D. USES NOT SPECIFIED: do the case of a use not specifi- cally mentioned in parts below, the requirements for off-street parking facilities spa 11 be determined by the Planning Com- mission. Such determination shall be based upon the requirements for the r_iast comparable use listed. E. JOINT USE: T'nc Planning Commission may authorize the joint use of park- ing facilities for the following uses or activities under condi- tions specified: 1. Up to 50 percent of the park- ing facilities required by this chapter for a theater, bowling alley, dance hall, 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. L'p to 50 per cent of the off-street parking facilities re- quired by this part for any builclings 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 10(1 percent of the parking facilities required by this section for a church or far an auditorium incidental to a public ar parochial school, tn~ay 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 fallowing uses are considered as primary daytime uses: banks, offices, retail, personal service shops, household equipment ar furniture stores, clothing or shoe repair shops, manufacturing or wholesale buildings and similar uses. 5. For the purpose of this sec- tion the following uses are con- sidered as primary night-time or Sunday uses; Auditoriums incidental to a public or pares chial school, churches, bawling alleys, dance halls, theaters, bars, and restaurants. F. CONDITIONS REQUIRE D FOR JOINT USE: 1. The building or use far which ap~glication is being made to uti- lize the off-street parking facil- ities provided by another building ar use, shall 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 far which joint use of off-street park- ing facilities is proposed. 3. A properly drawn legal in- instrument, executed by the part- ies cancerne~d for joint uses of o!f street parking facilities, approv-. ed as to farm and manner of execution by the Town Attorney, shall be filed with the Tawn Clerk, granting the users the right to off-street parking facilities to the individual user or his assignee approved by the other party. however, the right to occupancy of the premises for which the off- street parking facilities are unain- tained, 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 Tawn Clerk at the time of the application far 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 appurtenances required. H. TABLE OF MINIMUM STAND• ARDS: In addition to one parking spacr~ for each original permanent em• ployee, the following are requir• end: 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 two bedrooms. 5. Hospitals and institutions. One (1) far each four (4) beds. 6. Theaters: One (1) far each (4) seats, except one (1) far each eight (8) seats i~n 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) far each fifty (50) sq. ft. of Hoar area far assembly not containing fixed seats. 8. Staduims, sports arenas, and similar open assemblies: One (1) for each eight (8) seats and ar one (1) •for each 100 sq. ft. of assembly space without fixed seats. 9. Libraries, secondary and ex• b e n d e d secondary classrooms: One (1) for each 250 sq. ft, of gross floor space. -: 10. Dance Halls: One (1) far each twenty (20) sq. ft. of gross floor area. 11. Bawling Alleys: Six (6) for each alley. 12. Medical and Dental clinic: One (1) for each 150 sq. ft. of gross floor area. 13. Banks, business and profes- sional offices with on-site cus- tomer service: One (1) for each 400 sq. ft. of gross Hoar area. 14. Offices not providing customer service on premises: One (1) far each four (4) employees, or one (1) far each 200 sq. ft. of grass floor area. 15. Mortuaries, Funeral Homes; One (1) for each 75 sq. ft. of flour 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 (1) for each 200 sq. ft. of gross floor area. If over 4,000 sq. ft. floor area: T~~~enty (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 20J sq. ft. of gross floor area. 19. Motor vehicle, machinery, plumbing, heating, ventilating, building supplies, stores and ser- vices: One (1) for each 600 sq.ft. of gross floor area, exclusive of displays, or one (1) far each two (2) employees. 20. Other retail stores less than 5,C00 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 30U sq. ft. of gross floor area in ex- cess of 5,000 sq. ft. 27.. l2anufacturing uses, research, testing, processing, assembly, all industries: One (1) for each two (2) employees on the maximum v,~orking shift, and not less than one (1) for each 800 sq. ft. of grass floor area. 23. Transportation terminal: By Planning Commission determina- tion based upon needs. 24. ~Pn case of a use not specified, applications will be made to the Planning Commission for approv- alin accordance with these stan- dards. IX MOBILE HOME PARKS In the case of 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 Planning Commission must conform to the fallowing regul- ations: A. Each Mobile Home Park shall contain not less than three (3) acres of land and shall -pro- vide aminimum area of 2,000 sq. ft., nit 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 IO feet from any other building or trailer. C. A Mobile Hame Park, ad- jacent to or abutting upon an R.-1 or R-2 area, shall provide a 10 foot high 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 not less than 30 feet in width, ingress and egress to said park and streets shall be subject to the approval of the Planning Commission. E. Said parks shall be adegw- ately lighted and drained and' shall be constructed in camgli- ance with the building, zom~ing, 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 plat plan in full detail shall be provided to the Town Council. Shrch permits shall be issued by the Town Clerk upon the payment of the fee of $25.00 after approval of the foregoing agencies. X ANIMALS All persons owning, caring for ar otherwise permitting animals on their property except ~d'ogs, cats and house animals weighing under fifty (50) pounds, shall ob- tain a Conditional Use Permit from the Town of Winslow far which no fee shall therefor be charged. Application far 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, actin;; by the Mayor and a majority of the Town Council. XI PREVIOUS USE AND 000UPAN- CY PERMITS Where, prior to the adoption of this ordinance, special authority was granted far the establish- ment ar conducting of a particul- ar use on a particular site and for a specified period of time or as set forth in a permit then titled USE AND OCCUPANCY, such previous permits are hereby declared to be continued as a CONDITPONAL USE PERMIT without specified time limit, pro- vided that if the particular use is such as is not otherwise permt- ted in the use district in which it is located, such established use and improvements incident there- to shall be considered under the terms of this ardinan~ce as a noa~- conforming use. XII VARIANCES AND CONDITION- AL USE PERMITS In all cases where a variance is deemed necessary in conne~c- tian 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 (15.00) fee; then he shall cause an inspec- 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 Com- 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. XIII 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 to be loca- ted. XIV NOTIPCE AND HEARING ON AP- PLICATION FOR CONDITIONAL USE PERMITS The applications may be filed wibh the Planning Commission by the property owner of record or a lessee ar conditional vendee. It shall set forth fully the facts deemed necessary to justify the granting of the CONDITIONAL USE PERMIT. Thereafter, the Planning Commission shall give reasonable notice of the intention to consider at a public hearing the application fora CONDITION- AL USE PERMIT. XV PLANNING COMMISSION SHALL TRANSMIT FINDINGS AND RECOMMENDATIONS TO THE COUNCIL FOR CONCURRENCE Nat mare than thirty (30) days follawirug the next regular meet- ing of the Planning Commission the proceedings of the public hearing an 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 opinion of the Planning Cam- mission, make the granting or denial of the CONDITIONAL USE PERMIT necessary to carry out the provisions and general pur- pase of thi 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 Commission 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 NONCONFORMING USES The lawful use of land existing on date of passage of this Ordin- ance, although such use does nit conform to the provisions hereof, may be continued, but if such non- conforming use.; is discontinued ~. r :c any future wse of said land shall 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-conformi-ng use is changed to a more restricted use, no further change 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 permitted under the regulations of this Or- dinance for the district in which such building or premises is lo- Gated, shall be enlarged, ex±ended, r<:constructed 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 builcling is located; provided 1-However, that work dune in any period of twelve months or ordin- ary stnectural alterations, re- placements of walls, fixtur-~s or plumbing not exceeding twenty- five percent (25%) of the assessed value of the building, according to the assessment thereof by the assessor of tl:e Co~~nty, for the fiscal year in which such work is done, s'_1a11 be permitted, pro- vided that the cubieal contents of the building as it existed on date of passage of this Ordinance be nog increased. If at any time a,~y building in e::istence on date of passage of this Ordinance which does not conform to the r. egulatians for the district in which it is located, shall be destroyed by fire, ex- plosion, Act of Go~w, act of public enemy, to the extent of more than seventy five (75) percent o: the assessed value thereof, ac- carding to the assessment thereof by the Assessor for the fiscal year during which such destrwc- tion occurs, then and without fur- ther action by the Council, the said building and the land on which said building was located or maintained shall from and after- date of such destruction, be st:bject 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 not a~g'ain be reo~~cupied except by a con- forming use. The non-conforming use of a fractional part of a building or lot shall not be extended to oc- cupy agreater part of the bind- ing or lot than that occupied on the date of passage of this Ordin- ance, except that anon-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 case 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, isswed, re- newed, reissued or extended for saikl business use unless and until a CONDITIONAL USE PERMIT shall first have been secured for the continued maintenance of said structure for use. XVII INTERPRETATION, PURPOSE AND CONFLICT In their interpretation and ap- pLcation, the provisions of this Ordinance shall be held to the minimum requirements adapted for the promotion of the public safety, health, morals and gen- eral welfare of the Tawas. It is not intended by the Ordinance to interfere with or abrn,ate or an- nul any easements, c~~~Pnants ar other agreements between par- ties, provided, however that where this Ordinance imposes a greater restriction upon the use of build- ings on land or upon height of buadings or requires larger space than is imptxyed or required by other Ord~inan,ces, rules or regu- lations or by easements, coven- ants or agreements, the pravis- ians of this Ordinance shall gov- ern. XVIII FILIAIG OF PLOT PLANS The Planning Commission shall in its ru,P,s prescribe the farm and steps of all petitions, appli- cations a:.d appeals provided for in this ordinance and of accom- panyinK data to be furnished, so as to assure the fullest practic- able presentation of facts for proper consideration of the mat- ter involved in each case and for a permanent 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 Washi:vgtan, by constrwc- tian and development of buildings in good taste, proper proportion and in harmony with their sur- roundings and to secure the best and mast 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 ar by the Planning Commission. A public hearing shall be held by the Com- missian in the marmer provided far reclassification of property, except for reclassification to B-P. Following the hearing the Com- mission shall make its recarnmen- dation to the Council. RECLASSIFICATIONS: B. The owner of any land deg siring a change in use district boundaries ar a reclassification of property shall present to the Planning Commission a petition signed and acknowledged by him, an the forms provided by the Tawas, stating his proposal. Draw- ings delineating the proposal shall accompany the petition. C. The Planning Comm~issian up- on receipt of a petition 'by a land owner shall make an investigation of the matters involved in the proposal. The Commission shall call a public hearing, except !for B-P realassification, to hear the public on bhe proposal. Follow- ing the hearing and after con- sideration of the facts of the prop posal, the facts brought out in the hearing and any other competent facts pertairning to the property or to properties adjacent or in the vicinity fhereof the Com- mission shall within 30 days make a recommendation to the Town Council. If the ~Cammission aft- er thorough study of the pro- posal in the petition determines that the reclassification of the property or the ohange in use district boundaries is necessary far the preservation and enjoy- ment of any substantial property right of the petitioner and not materially detrimental to the public welfare or the property of other persons located in the vi- cinity, the Commission shall rec- ommend that the Council approve the reclass~ificatian of the prop- erty. D. If the Commission recom- mends disapproval of the pet~- tion that decision shall be fina'1 unless bhe owner files notice of appeal to the Tawas Council with the Tawas Clerk within 30 days of the Commission's action. Upon re- ceiving notice of appeal bhe Coun- cil shall set a date far hearing of the subject and shall notify the parties it deems most con- cerned. Fo~llawing this hearung the Council may follow the recom- mendations of the Cam~mission or refer the subject to the Commis- sion for their reconsideration and a subsequent report to the Coun- cil. E. If the Commission, follow- ing a public hearing, makes no decision on the petition or sends na re'commendatian to the Coun- cil for 30 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 far reclassification of property shall be $25.00 far each petition, payable upon filing with the Town Clerk. Reclassifi- cation to B-P shall require no fee or public hearing. The reclassifi- ca~tion of land in platting shall require no additional fee. XX ENFORCEMENT The Town Engineer of the Town of Winslow, ar 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 Cawncil act- ing as a Bayard 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 :=! / '::' ""' ":"" ""':" ~:... .. .: .: ~,~:::. el'the license. The li- ... ,. ~,.0o. ~, .a~: "" ' ~:-~ L !:~ .i of e~p~.tio.. the' ": ::: '~'j ':"' '" ~t$2.0o. ~ not ~,.d '~..:' ~" "":'~:''"'. '!C.l~ "" '!"' : ~t ~w> days, the origin- iili ' ": '.i, : ;' ' '"':" "~ .....~:""":" !riai le specific o!e i~ "' ~: ' ' ' "' ' ' "~ "" :,: , .'~.!ii' ' "" ':; . '.~, ";:.'...' the town F.~gin- zI'i.. ', ".'. . hs the . ~1:"" ":'.~' "' :'!'. ' :~;':."!:;'!~: ':":~ ...."'..'., ......::.~ the ~sed ~'~ .,".¢,'.':'.'~".~;"..""" ':'..'~.!!."~.'.":.L~""'""'.~'L~i'.~.: · i. ".. """:.' i~: "' . .:..,:..... : :.)!!::.:~.::'., . ~ . determine whether i~' '.~':':.':'..i!?':'"~Z.' : " " . the requirements : [i ' .'7' '.-"' .- ......-~ ......~ .:~ or of the Town ,. .:.~. ~. :..' ..~...:. ;j.;!; :' .: . :.~. Upon finding a : i~ ;. ' :' ?' '::..';;... .: ~ , "......../4 " ..~i'~. To, n E,ginee~ ~.a~ ~; ~; 'i'~ .."'. i;i':: ~.::..:,". .... ~,.;. me Stopped immedi- ~ L.. :' ' !:! ': ' within tkirty ._ ' :' ? ~ ": ' '. . .' I/these orders are not ' ' "' ' :' ' ' .' : :. ~i.~;.~' 5" .' ~ with the provisions of "' ' """' ..... ""~'7""'! ' ' ':~'i,""""'~iiT" :~' ' IXIII are applicable. ': "~' "'': ':" ~" "' ':"" " -' "' ":"~ iI in violation of the pro- · ~ .' · . :.; .:".: ~;:'.'~..'.~:..!' '..' ' ~" · .:LL... ......:~: :;~!'i'.i~{ ' !' .~ .. ~ ..... ~. ' .....~. -: . '~:; i~ t~s o~a.~e or of:~: ~': '. i: ~ij~:.~.::/iii::.i:).::i.!':L: :'/:':/~".., i ' · ';: .' ~." ':.:. ::!~; }~:~i'~ ':., '....~'~ :' ::, ' ''i~:i il uitding Codes is void. . · "' ~"~ ~'~' i-.' ~i-'...~! ~," ::. :. ,i ,_,,,: uch as this ordinancei ~E"~.~ :~.~.,'~. ' ' Fthe benefit of the life, "welfare, safety, anal con- ..~... ~ of the inhabi.tants of the :'- ie power given to the Town ~ '-.. ; ' : !by the State Constiution, reby made a misdemean- ~ ~ "~'~:' ': ' ~' ' : '.i~,- I~ ..', ~,.'.', of a misdemeanor. .'.' ::..!i.~ · ~' u~ f~n fo~e ~.ben i~ ~han ! '::-.:.."...: '..~..:- '~ff::L,~:;~:i'.-.'. :.: ...:Z~'..' >~. ~ ,-!':' ''~ """"".' ! :}'S. .' .'..'. ...... ~ '~1' ' 'l":C..;>.: :i :"-'i!..'-:!-:' -' ..L;~!~!z}[t::....:i · r. .......;L. '~,,':.:. .~en passed by the Town ~:iiii!~' "'~"' ,~ the ~ayo~ and a,e~ed.... .....-:,..-:.... ,,~! ~.... ,..~.,,,. 0}. :...-. ," To,~n C~erk the~, an~~:':~"'.."."~:.-:":'-.'..~:..:"' .'::.i. :'!'i: .. :::."-':... .,~ publleation of the same , .. Bainbridge l:l. eview, the _t.'-.... .. -"-." ': '.. '.:. '..'-;'-!qi ~ \ , ~ e.) '-" ~e~s~a~er of aaid ~o~.., '.." "". ~ :' . '-' . .' · }:. '. i.;-~iz]i,~ !. :.~ ' Town Clerk is directed !.-" ~D by the Coundl o{ the l by its Mayor this 2rid k~ ~k~ C'~ ~ ........ "-RT W. McKISSON, Jr. ;AUL Clerk - ,:, ,t 3t507 TOWN OF WINSLOW WINSLOW, WASHINGTON February 7, 196h I, F.H.Saul, Clerk of the Town of Winslow, Washington, do hereby certify that the attached is a true, complete and correct copy of Ordinance No. 12~ of said town, duly adopted by it's Council and approved by it's Eayor at a regular meet- ing held on the 2nd day of April, 1963. Dated this 7th day of February, 196h at Winslow, Washington Clerk'o~r/~e'~inslow, Washington