CHAPTER 17.04

 

DISTRICT REGULATIONS

 

 

Section:

 

17.04.010 R - Residential District

17.04.040 C - Commercial District

17.04.050 AG - Agricultural District

17.04.060 I - Industrial District

17.04.070 PUD - Planned Unit Development

 

 

 

17.04.010 R - Residential District:

It is the purpose of the R residential district to stabilize and preserve single-family residential neighborhoods and to prevent intrusions of incompatible land uses.

 

A. Lot area: Minimum lot area is seven thousand five hundred (7,500) square feet.

 

B. Minimum Zoning: Minimum-zoning area is twenty-two thousand five hundred square feet (three lots).

 

C. Principally Permitted Uses: Principally permitted uses are as follows:

 

1. Single-family and duplex dwellings

2.                       Public parks

 

D. Special Permit Uses: The following uses are permitted provided they conform to the development standards listed in section 17.08.020:

 

1. Churches

2. Nursery schools and day care centers

3. Rest homes

 

E. Accessory Uses: Permitted accessory uses are as follows:

1. Accessory uses and buildings customarily appurtenant to a permitted use, such as garages, carports and minor structures for storage of personal property.

2. Rooming and boarding of not more than two (2) persons.

3. Customary incidental home occupations subject to the provisions of section 17.08.040.

4. Gardening and fruit growing.

5. Recreational facilities intended for the use of residents, including swimming pools, saunas, tennis courts and exercise rooms.

6. Keeping of not more than five (5) family pets, such as dogs, cats or other domestic or tamed animals, which are not vicious by nature.

7. Keeping of horses, cattle, chickens, rabbits, sheep or other similar animals, not including swine, provided shelters are provided for the animals at least fifty feet from any property line adjoining a street or other lot. A lot area, in addition to the minimum required for a dwelling, shall be provided equivalent to one acre for each animal over three hundred pounds in weight. This regulation shall not be construed to permit the keeping of animals in any place or manner, which will endanger the public health or safety

 

F. Conditional Uses: General conditional uses as listed in section 17.08.030 as well as:

 

1. Mobile Homes

2. Recreational Vehicle Park for the keeping of two or more recreational vehicles.

3. Mobile Home Park for the keeping of more than one mobile home.

4. Educational Institutions

5. Assembly Halls

6. Bed and Breakfast Inns

 

G.                Development Standards:

 

1. Minimum lot area is seven thousand five hundred (7,500) square feet.

2.                  Minimum lot width is sixty feet (60) at the building setback line, and not less than 30 feet at the front line.

3.                  Maximum site coverage is forty (40) percent.

4.                  Minimum yard requirements:

a. Front yard: Minimum front yard is twenty-five (25) feet.

b. Side yard: Minimum side yard is seven and one half (7.5) feet.

c. Rear yard: Minimum rear yard is twenty-five (25) feet.

d.                  Corner yard: Minimum corner yard is twenty-five (25) feet.

e.                   Side yard on flanking street of corner lot: Minimum side yard on the flanking street of a corner lot is twenty-five (25) feet.

5. Height Limitation: Height limitation is two and one-half stories, not exceeding thirty-five (35) feet.

6. Interior Yards: Interior yards shall not be computed as part of the site coverage.

7. Additional Standards: See section 17.08.030 and 17.08.160 pertaining to general and supplementary provisions, for requirements concerning accessory buildings and additional standards.

 

H. Signs: The sign regulations of chapter 17.06 shall apply.

 

I. Offstreet Parking: The offstreet parking regulations of chapter 17.05 shall apply.

 

17.04.040 C - Commercial District:

The purpose and intent of the business district is to recognize the existence of commercial areas and to provide use incentives and development standards, which will encourage the redevelopment and upgrading of commercial areas. It is also meant to provide for a range of trade, service, entertainment and recreation land uses which occur adjacent to transportation arterials and residential uses; and to provide areas for development which are automobile oriented and designed for convenience, safety and the reduction of the visual blight of uncontrolled advertising signs, traffic control devices and utility equipment.

 

A. Principally Permitted Uses: Principally permitted uses are as follows:

 

1. Trade:

 

a. Wholesale - Bakery

b. Retail - General merchandise:

 

(1) Department stores

(2) Dry goods and general merchandise

(3) Electrical supplies

(4) Farm equipment

(5) Hardware

(6) Heating and plumbing equipment

(7) Lumberyards

(8) Mail order houses

(9) Merchandise vending machine operators

(10) Paint, glass and wallpaper

(11) Variety stores

 

c. Retail Food:

 

(1) Bakeries, with accessory manufacturing

 

 

(2) Candy, nut and confectionery, with accessory manufacturing

(3) Diary products

(4) Fruits and vegetables

(5) Groceries

(6) Meat, fish and poultry

 

d. Retail - Automotive, marine craft, aircraft and accessories:

 

(1) Aircraft and accessories

(2) Marine craft and accessories

(3) Motor vehicles (new or used cars and recreation vehicles)

(4) Tires, batteries and accessories

(5) Gasoline service stations

 

e. Retail - Apparel and Accessories: New or used apparel and accessories

f. Retail - Furniture, Home Furnishings and Equipment: New or used and finished or unfinished furniture, home furnishings and equipment

g. Retail - Eating and Drinking Establishments:

 

(1) Drinking establishments (taverns and cocktail lounges)

(2) Eating establishments (restaurants)

 

h. Retail Other:

 

(1) Antiques

(2) Bicycles

(3) Books

(4) Bottled Gas

(5) Cameras and Photographic Supplies

(6) Cigars and cigarettes

(7) Computers and Software

(8) Drug and Proprietary Items

(9) Florists

(10) Fuel and ice Dealers

(11) Fuel Oil

(12) Gifts, Novelties and Souvenirs

(13) Hay, Grains and Feeds

(14) Jewelry

(15) Liquor

(16) Newspapers

(17) Optical Goods

(18) Pets and Pet Supplies

(19) Secondhand Merchandise

(20) Sporting Goods

(21) Stationary

(22) Videocassette Sales and Rentals

 

2. Services:

 

a. Finance, Insurance and Real Estate Services:

 

(1) Banking and related services

(2) Commodity brokers, dealers and related services

(3) Housing and investment services

(4) Insurance brokers, agents and related services

(5) Insurance carriers

(6) Real estate agents, brokers and related services

(7) Real estate operators, lessors and management services

(8) Real estate subdividing and developing services

(9) Security brokers and dealers and related services

(10) Title abstracting and insurance services

 

b. Personal services:

 

(1) Beauty and barber services

(2) Diaper services

(3) Funeral and crematory services

(4) Laundering and dry cleaning (self services)

(5) Laundering, dry cleaning and dyeing services

(6) Linen supply and industrial laundry services

(7) Photographic services

(8) Pressing, alteration and garment repair

(9) Rug cleaning and repair services

(10) Shoe repair, shoe shining and hat cleaning services

 

c. Business services:

 

(1) Advertising services

(2) Automobile and truck rental

(3) Blueprinting and photocopying services

(4) Business and management consulting services, adjustment and collection services

(5) Consumer and mercantile credit reporting services, adjustment and collection services

(6) Detective and protective services

(7) Disinfecting and exterminating services

(8) Employment services

(9) Equipment rental and leasing services

(10) Food lockers without food preparation facilities

(11) Motion picture distribution and services

(12) News syndicate services

(13) Other dwelling and business services

(14) Outdoor advertising services

(15) Photo finishing services

(16) Research, development and testing services

(17) Stenographic services and other duplicating and mailing services

(18) Trading stamp services

(19) Window cleaning services

d. Repair services:

 

(1) Armature rewinding services

(2) Automobile repair services

(3) Automobile wash services

(4) Electrical repair services

(5) Fleet vehicle maintenance

(6) Radio and television repair services

(7) Reupholster and furniture repair services

(8) Small engine repair

(9) Truck repair

(10) Watch, clock and jewelry repair services

 

e. Professional services:

 

(1) Accounting, auditing and bookkeeping services

(2) Educational and scientific research services

(3) Engineering and architectural services

(4) Hospital services

(5) Legal services

(6) Medical and dental laboratory services

(7) Medical and dental services

 

(8) Medical clinic, outpatient services

(9) Sanitarium, convalescent and rest home services

(10) Urban Planning services

 

f. Contract construction services:

 

(1) Building construction, general contractor services

(2) Carpentering, wood flooring, and woodworking shops

(3) Concrete services

(4) Electrical services

(5) Masonry stonework, tile setting and plastering services

(6) Painting, paper hanging and decorating services

(7) Plumbing, heating and air conditioning services

(8) Roofing and sheet metal services

(9) Water well drilling services

 

g. Educational services:

 

(1) Art and music schools

(2) Barber and beauty schools

(3) Business and stenographic schools

(4) Correspondence schools

(5) Dancing schools

(6) Driving schools, auto

(7) Driving schools, truck

(8) Vocational or trade schools

 

h. Miscellaneous services:

 

(1) Animal grooming parlors

(2) Business associations and organizations

(3) Civic, social and fraternal associations

(4) Labor unions and similar labor organizations

(5) Veterinary clinics and animal hospital services when located no closer than one hundred fifty (150) feet to any residential use, providing the animals are housed indoors, with no outside runs, and the building is soundproofed. Competent acoustical engineers must design the soundproofing.

(6) Welfare and charitable services

 


 

3. Residential:

 

a. Lodgings:

 

(1) Hotels

(2) Motels

 

b. Existing dwellings may be rebuilt, repaired and otherwise changed for human occupancy. Accessory uses for existing dwellings may be constructed. Such uses are garages, carports, storage sheds and fences.

c. Transitional housing facilities, limited to a maximum of twenty (20) residents at any one (1) time and four (4) resident staff.

d. Housing:

 

(1) Single family residential uses

(2) Multi family residential uses

 

4. Cultural, entertainment and recreational:

 

a. Cultural activities and nature exhibitions

 

(1) Art galleries

(2) Historic and monument sites

 

b. Public assembly:

 

(1) Amphitheaters

(2) Arenas and field houses

(3) Auditoriums

(4) Drive-in movies

(5) Exhibition halls

(6) Legitimate theaters (live)

(7) Motion picture theaters

(8) Stadiums

 

c. Amusements and recreation:

 

(1) Amusement parks

(2) Athletic clubs

(3) Bowling

(4) Fairgrounds

(5) Go-cart tracks

(6) Golf driving ranges

(7) Miniature golf

(8) Skating (roller or ice)

(9) Tennis

(10) Video arcades

 

5. Other uses:

 

a. Other retail trade, service, or entertainment or recreational uses that are of the same general character as those listed in this subsection, which are deemed compatible with other permitted uses in this district and which operate in accordance with the stated purpose of this district.

b. Municipal uses and buildings

 

B. Special Permit uses: The following uses are permitted:

 

1. Nursery schools and day care centers

2. Churches

3. Rest homes

 

C. Accessory uses: Permitted accessory uses are as follows:

 

Accessory uses and buildings customarily appurtenant to a permitted use, such as incidental storage facilities.

 

D. Conditional uses: Conditional uses are as follows:

 

1. Printing and publishing establishments, and accessory uses and buildings customarily appurtenant to such use.

2. Mini warehouses and self-service storage

3. General conditional uses as listed in section 17.08.030, except for transitional housing with a maximum of twenty (20) residents and four (4) staff.

4. Kennels

5. Recreational vehicle parks

6. Public buildings, open space, and other public uses

7. Drive-in establishments

 

E. Development standards:


 

1. Minimum lot: Minimum lot area is five thousand (5,000) square feet.

2. Maximum site coverage: Maximum site coverage is seventy (70) percent.

3. Minimum lot width: Minimum lot width shall be fifty feet (50).

4. Minimum yard requirements: There are no minimum yard setbacks.

5. Height limitations. The height limitation is forty feet (40).

6. Landscaping: The landscaping requirements of chapter 17.07 shall apply.

7. Outdoor storage: Outdoor storage areas shall be fenced for security and public safety by a sight-obscuring fence unless it is determined through the development plan review that a sight-obscuring fence is not necessary.

 

F. Signs: The sign regulations of chapter 17.06 shall apply.

 

G. Offstreet parking: The offstreet parking requirements of chapter 17.05 shall apply.

 

17.04.050 AG - Agricultural District:

The purpose of the AG district is to provide appropriately located for agricultural and agriculturally compatible uses, such as commercial farms, commercial livestock raising, commercial horse raising and/or boarding, and commercial agricultural product stores.

 

A. Lot area: The minimum lot area for all principal and accessory uses shall be ten acres. However, only one commercial feed store shall be allowed per lot. It must meet the lot size requirements of the C district.

 

B. Principally permitted uses: The following list is illustrative of the types of permitted uses and is not intended to be exclusive:

 

1. Commercial horse breeding, raising, and boarding

2. Commercial horse stable and/or boarding

 

C. Accessory uses: The following are the accessory uses permitted in the AG district:

 

1. Residential uses accessory to the primary use as a commercial farm

2. Commercial retail feed store selling retail products generally purchased for farm and agricultural production.

3. Barns and farm buildings generally considered accessory to the commercial pursuit of agriculture.


 

D. Conditional uses: Conditional uses are as follows:

 

1. Public buildings, open space and other public uses.

2. General conditional uses as listed in section 17.08.030.

 

E. Development standards: Development standards will be determined on a case-by-case basis. These standards include, but are not limited to: bulk requirements, set back requirements, minimum lot size requirements, and minimum lot width requirements. Otherwise the standards are as follows:

 

1. Maximum site coverage: Maximum site coverage is twenty (20) percent or 80,000 square feet, whichever is greater, of the lot size.

2. Height limitations: The height limitation is forty feet (40).

3. Minimum Street Frontage: The minimum street frontage is fifty feet (50).

 

F. Signs: The sign regulations of chapter 17.06 shall apply.

 

G. Offstreet parking: The offstreet parking regulations of chapter 17.05 shall apply.

 

17.04.060 I - Industrial District:

The purpose of the I district is to provide areas suitable for a broad range of industrial activities whose characteristics are of a light industrial nature. Development standards are aimed at maintaining an efficient and desirable industrial area.

 

A. Principally permitted uses: The following list is illustrative of the types of permitted uses and is not intended to be exclusive:

 

1. Manufacturing, processing, assembling and packaging of articles, products or merchandise from previously prepared natural or synthetic materials, including but not limited to, asbestos, bristles, bone, canvas, cellophane and similar synthetics, chalk, clay (pulverized only, with gas or electric kilns), cloth, cork, feathers, felt, fiber, fur, glass (including glass finishing) graphite, hair, horn, leather, paints (except boiling processes), paper, paraffin, plastic and resins, precious or semiprecious metals or stones, putty, pumice, rubber, shell, textiles, tobacco, wire, wood, wool and yarn.

2. Manufacturing, processing, treating, assembling and packaging of articles, products or merchandise from previously prepared ferrous, nonferrous or alloyed metals (such as bar stock, sheets, tubes, and wire and other extrusions), including light foundry casting and forging operations and other forming operations.

3. Printing, publishing and allied industries, including such processes as lithography, etching, engraving, binding, blueprinting, photocopying, film processing and similar operations or activities.

4. Manufacturing, processing, blending and packaging of the following:

 

a. Drugs, pharmaceuticals, toiletries and cosmetics

b. Food and kindred products, such as confectionery products, chocolate, cereal breakfast foods, bakery products, paste products, fruits and vegetables, beer, beverages (except fermenting and distilling), prepared food specialties (such as coffee, dehydrated and instant foods, extracts, spices and dressings), previously butchered meat or seafood packaging, freezing and processing (excluding rendering, curing, canning or slaughtering) and similar products.

c. Dairy products and byproducts such as milk, cream, cheese and butter, including the processing and bottling of fluid milk and cream and wholesale distribution.

 

5. Warehousing and distribution facilities and the storage of goods or products, including rail-truck transfer facilities.

6. Crop and tree farming

7. Administrative or executive offices which are part of a predominant industrial operation.

8. Scientific research, testing and experimental development laboratories

9. Establishments engaged in electronic, automotive, aerospace, missile, airframe or related manufacturing and assembly activities, including precision machine shops producing parts, accessories, assemblies, systems, engines, major components and whole electronic or electrical devices, automobiles, aircraft, missiles, aerospace or underwater vehicles or similar products, but specifically excluding explosive fuels and propellants.

10. Manufacturing, processing, assembling and packaging of precision components and products, including precision machine shops for products such as radio and television equipment, home appliances, scientific, optical, medical, dental and optical goods, phonograph records and pre-recorded audiovisual tape, measurement and control devices, sound equipment and supplies, personal accessories, and products of similar character.

11. Headquarters offices of industrial operations

12. Alcoholic beverages processes, such as distilling and fermenting

13. Automobile service center

14. Retail and service uses as listed in this subsection. These uses are intended primarily to serve the needs of the industrial area, are compatible with the permitted types of industrial uses, and will not interfere with the orderly development of the industrial area. Such uses shall be limited to twenty-five (25) percent of the gross floor area of any single- or multi-building development. Retail and service uses, which exceed the twenty-five (25) percent limit on an individual or cumulative basis, shall be subject to review individually through the conditional use permit process.

 

a. Retail trade uses:

 

(1) Merchandise vending machine operators

(2) Tires, batteries and accessories (industrial sales)

(3) Eating places, except drive-ins or those with drive-through facilities

 

b. Service uses:

 

(1) Finance, insurance and real estate services

 

(a) Banking and related services

(b) Security brokers and dealers and related services

(c) Commodity brokers and dealers and related services

(d) Insurance carriers

(e) Insurance brokers and agents and related services

(f) Real estate operators, lessors and management services

(g) Real estate agents and brokers and related services

(h) Real estate subdividing and developing services

(i) Housing and investment services

 

(2) Personal services:

 

(a) Linen supply and industrial laundry services

(b) Diaper services

(c) Rug cleaning and repair services

(d) Photographic services

(e) Beauty and barber services

(f) Fur repair and storage services

(g) Mortuary

 

(3) Business services:


 

(a) Advertising services (general)

(b) Outdoor advertising services

(c) Consumer and mercantile credit reporting services, and adjustment and collection services

(d) Direct mail advertising services

(e) Stenographic services and other duplicating and mailing services

(f) Window cleaning services

(g) Disinfecting and exterminating services

(h) News syndicate services

(i) Employment services

(j) Food lockers, with or without food preparation facilities

(k) Business and management consulting services

(l) Detective and protective services

(m) Equipment rental and leasing services

(n) Automobile and truck rental services

(o) Motion picture distribution services

(p) Travel agencies

(q) Self service storage

 

(4) Repair services:

 

(a) Electrical repair services

(b) Radio and television repair services

(c) Reupholster and furniture repair services

(d) Armature rewinding services

 

(5) Professional services:

 

(a) Medical and dental laboratory services

(b) Legal services

(c) Engineering and architectural services

(d) Educational and scientific research services

(e) Accounting, auditing and bookkeeping services

(f) Urban planning services

(g) Counseling services

(h) Veterinarian services


 

(6) Contract construction services:

 

(a) Building construction, general contractor services

(b) Plumbing, heating and air conditioning services

(c) Painting, paper hanging and decorating services

(d) Electrical services

(e) Masonry, stonework, tile setting and plastering services

(f) Carpentering and wood flooring

(g) Roofing and sheet metal services

(h) Concrete services

(i) Water well drilling services

 

(7) Educational services:

 

(a) Vocational or trade schools

(b) Business and stenographic schools

(c) Driving schools, truck

 

(8) Miscellaneous services:

 

(a) Business associations and organizations

(b) Labor unions and similar labor organizations

(c) Other retail trade and service uses are permitted which may be deemed by the Town Planner to be of the same general character as and compatible with those uses listed in this subsection.

 

15. Gymnastic schools and similar uses

16. Health and fitness clubs and facilities

17. Other similar uses which the Town Planner finds compatible with the principally permitted uses described in this subsection, consistent with the purpose and intent of the I district and not of a type to adversely affect the use of adjoining properties.

18. Existing dwellings may be rebuilt, repaired and otherwise changed for human occupancy. Accessory uses for existing dwellings may be obstructed. Such uses are garages, carports, storage sheds and fences.

19. Municipal uses and buildings

20. Gasoline service stations, with or without retail convenience grocery sales.

21. Nursery schools and day care centers

 

22. Adult uses

 

C. Accessory uses: The following are the accessory uses permitted in the I district:

 

1. Repair operations for products described as principally permitted uses and sales and service incidental to a principally permitted use, provided such operations are housed as part of the buildings comprising the basic operations.

2. Dwelling units, limited to not more than one (1) per establishment, for security or maintenance personnel and their families, when located on the premises where they are employed in such capacity. No other residential use shall be permitted.

3. Employee recreation facilities and play areas

4. Restaurant, cafe or cafeteria operated in conjunction with a principally permitted use for the convenience of persons employed on the premises.

5. Nursery schools and day care facilities operated in conjunction with a permitted use.

6. Other accessory uses and buildings customarily appurtenant to a principally permitted use.

7. For permitted uses, hazardous substance land uses, including onsite hazardous waste treatment or storage facilities, which are not subject to cleanup permit requirements of chapter 11.02 and which do not accumulate more than twenty thousand (20,000) pounds of hazardous substances or wastes or any combination thereof at any one (1) time on the site, subject to the provisions of section 17.08.050. Offsite hazardous waste treatment or storage facilities are not permitted in this district, except through a special use-combining district.

 

D. Conditional uses: The following are the types of conditional uses permitted in the I district, subject to approval by the Town Council. The list of conditionally permitted uses is illustrative of the types of uses, which shall be permitted and is not intended to be exclusive.

 

1. Any principally permitted use whose operations are predominantly conducted out-of-doors rather than completely enclosed within a building.

2. Any type of principally permitted use whose operations are predominately for the repair of products described rather than the manufacturing or processing of such products.

3. Retail and service uses as listed in subsection 17.04.060.A.14, which individually or on a cumulative basis exceed twenty-five (25) percent of the gross floor area of any single- or multi-building development.

4. General conditional uses as listed in section 17.08.030.

5. Principally permitted uses in the C districts.

 

 

6. Manufacturing of paint

7. Source separation and recovery of recyclable materials for solid wastes.

8. For permitted uses, accessory hazardous substance land uses which accumulate more than twenty thousand (20,000) pounds of hazardous substances or wastes or any combination thereof at any one (1) time on the site, subject to the provisions of section 17.08.050.D.9. Offsite hazardous waste treatment or storage facilities are not permitted in this district, except through a special use-combining district.

9. Single-family residential and multi family residential uses.

 

Conditional use permits shall be required on an individual tenant or business basis and shall be granted only when it is demonstrated that the operational characteristics of the use will not adversely impact onsite or offsite conditions on either an individual or cumulative basis.

 

E. Development standards:

 

1. Minimum lot: Minimum lot area is twenty thousand (20,000) square feet.

2. Maximum site coverage: Maximum site coverage is fifty (50) percent.

3. Yards generally:

 

a. Front yard: The minimum front yard setback shall be twenty-five (25) feet.

b. Side yard: Minimum side yard is twenty (20) feet.

c. Rear yard: Minimum rear yard is twenty-five (25) feet.

d. Zone Transition Parcels: If a lot of development site in the I district shall border on a more restrictive district, then the minimum front, rear, and side yard requirements of the more restrictive district shall apply.

 

4. Yards - transitional conditions: Transitional conditions shall exist when an I district adjoins a residential district containing a density of two (2) dwelling units or more per acre or a proposed residential area indicated on the Town comprehensive plan. Such transitional conditions shall not exist where the separation includes an intervening use such as a river, freeway, railway main line, major topographic differential or other similar conditions, or where the industrial properties face on a limited access surface street on which the housing does not face. When transitional conditions exist as defined in this subsection, a yard of not less than ten (10) feet shall be provided.

 

 

 

 

5. Height limitation: The height limitation is two (2) stories or thirty-five (35) feet. Beyond this height, to a height not greater than either four (4) stories or sixty feet (60), there shall be added one (1) additional foot of yard for each one (1) foot of additional building height. The Town planner shall be authorized to approve one (1) additional story, provided such height does not detract from the continuity of the industrial area, and may propose such conditions as may be necessary to reduce any incompatibility with surrounding uses.

6. Landscaping: The landscaping requirements of chapter 17.07 shall apply.

7. Outside storage: Outside storage or operations yards shall be confined to the area to the rear of a line which is an extension of the front wall of the principal building, and shall be reasonably screened from view from any street by appropriate walls, fencing, earth mounds or landscaping.

 

8.                  Loading areas:

a. Loading areas must be located in such a manner that no loading, unloading or maneuvering of trucks associated therewith takes place on public rights-of-way.

b.      Earth berms and landscaping shall be provided along street frontages as necessary to screen dock-high loading areas from public rights-of-way. Berms shall be a minimum of thirty inches (30) in height. Landscaping located on the berm shall conform to type III landscaping described in subsection 17.07.050.C. pertaining to visual buffers.

 

9. Multi-tenant buildings: Multi-tenant buildings shall be permitted.

10. Improvement and maintenance of yards and open spaces: All required yards, parking areas, storage areas, operations yards and other open uses on the site shall be improved as required by this title and shall be maintained in a neat and orderly manner appropriate for the district at all times. The Town Planner shall be authorized to reasonably pursue the enforcement of this subsection where a use is in violation, and to notify the owner or operator of the use in writing of such noncompliance. The property owner or operator of the use shall be given a reasonable length of time to correction the condition.

 

F. Signs: The sign regulations of chapter 17.06 shall apply.

 

G. Offstreet parking:


 

 

1. The offstreet parking requirements of chapter 17.05 shall apply.

2. Those areas not required to be landscaped may be used for offstreet parking.

 

H. Performance standards: The performance standards as provided in section 17.08 shall apply.

 

17.04.070 PUD - Planned Unit Development:

The intent of the PUD is to create a process to promote diversity and creativity in site design, and protect and enhance natural and community features. The process is provided to encourage unique developments, which may combine a mixture of residential, commercial and industrial uses. By using flexibility in the application of the development standards, this process will promote developments that will benefit citizens that live and work in the Town.

 

A. Zoning districts where permitted: PUD's are permitted in all zoning districts.

 

B. Permitted uses:

 

1. Principally permitted uses. The principally permitted uses in PUD's shall be the same as those permitted in the underlying zoning classifications.

2. Conditional uses. The conditional uses in PUD's shall be the same as those permitted in the underlying zoning classification. The conditional use permit review process may be consolidated with that of the PUD pursuant to the procedures specified in subsection F. of this section.

3. Accessory uses. Accessory uses and buildings, which are customarily incidental and subordinate to a principally permitted use, are also permitted.

4. Exceptions. In the residential PUD's of ten (10) acres or more, commercial uses may be permitted. Commercial uses shall be limited to those uses permitted in the neighborhood convenience district.

 

C. Development standards: The following development standards are minimum requirements for a planned unit development:

 

1. Minimum lot size exclusion: The minimum lot size requirements of the districts outlined in this title shall not apply to PUD's.

2. Minimum site acreage: Minimum site acreage for a PUD is established according to the zoning district in which the PUD is located.

3. Minimum perimeter building setback: The minimum perimeter-building setback of the underlying zone shall apply. Multifamily area requirements shall apply to any multifamily developments. The Town Council may reduce building separation requirements to the minimum required by the building and fire departments according with the criteria set forth in subsection F.1 of this section. If an adjacent property is un-developable under this title, the Town Council may also reduce the perimeter setback requirement to the minimum standards in the Town building and fire codes.

4. Maximum height of structures: The maximum height of structures of the underlying zone shall apply. The Town Council may authorize additional height in C and I zones where proposed development in the PUD is compatible with the scale and character of adjacent existing developments.

5. Open Space:

 

a.       The standard set forth in this subsection shall apply to PUD residential developments only. Each PUD shall reserve a maximum of thirty five (35) percent of the area denoted for residential use as open space.

b.      For the purpose of this section, open space shall be defined as land which is not used for buildings, dedicated public rights-of-way, traffic circulation and roads, parking areas, or any kind of storage. Open space includes but is not limited to privately owned woodlands, open fields, streams, wetlands, severe hazard areas, sidewalks, walkways, landscaped areas, gardens, courtyards or lawns. Common open space may provide for either active or passive recreation.

c.       Open space within a PUD shall be available for common use by the residents, tenants or the general public, depending on the type of project.

 

6. Streets: If streets within the development are required to be dedicated to the Town for public use, such streets shall be designed in accordance with the standards outlined in the Town subdivision code and other appropriate Town standards. If the streets within the development are to remain in private ownership and remain as private streets, then the following standards shall apply:

a. Minimum private street pavement widths for parallel parking in residential planned unit developments. Minimum private street pavement widths for parallel parking in residential planned unit developments are as follows:


 

 

 

 

No Parking Parking

Parking One Side Both Sides

(Feet) (Feet) (Feet)

 

One-way

Streets 20 29 38

 

Two-way

Streets 22 31 40

 

The minimum widths set out in this subsection may be modified upon review and approval of the Town Fire Chief and the Town Council providing they are sufficient to maintain emergency access and traffic safety. The Town Planner as a condition of PUD approval shall require a maintenance agreement for private streets within a PUD.

 

b. Vehicle parking areas: Adequate vehicular parking areas shall be provided. The required number of parking spaces may vary from the requirements of chapter 17.05 and shall be approved by the Town Council based upon a parking need assessment study submitted by the applicant and approved by the Town Council. Vehicular parking areas may be provided by on-street or offstreet parking lots. The design of such parking areas shall be in accordance with the standards outlined in chapter 17.05.

c. One-way streets: One-way loop streets shall be no more than one thousand five hundred (1,500) feet long.

d. On-street parking: On-street parking shall be permitted. Privately owned and maintained "no parking" and "fire lane" signs may be required as determined by the Town Council and Town Fire Chief.

 

7. Pedestrian walkways: Pedestrian walkways shall be constructed of material deemed to be an all-weather surface by the Town Engineer.

8. Landscaping:

a. Minimum perimeter landscaping of the underlying zone shall apply. Additional landscaping shall be required as provided in chapter 17.07.

b.      All PUD developments shall ensure that parking areas are integrated with the landscaping system and provide screening of vehicles from view from public streets. Parking areas shall be conveniently located to buildings and streets while providing for landscaping adjacent to buildings and pedestrian access.

c.       Solid waste collection areas and waste reduction or recycling areas shall be conveniently and safely located for onsite use and collection, and attractively site screened.

 

9. Signs: The sign regulations of chapter 17.06 shall apply.

10. If portions of the PUD are to be subdivided for sale or lease, the procedures of the Town subdivision code, as amended, shall apply. Specific development standards such as lot size; street design, etc. shall be provided as outlined in subsection 17.04.190.C.

11. Shoreline master program: Any development located within two hundred (200) feet of a River shall adhere to the governing shoreline master program regulations.

 

D. Density bonus standards: The density of residential development for PUD's shall be based on the gross density of the underlying zoning district. The Planning Commission may recommend a dwelling unit density not more than twenty (20) percent greater than that permitted by the underlying zone upon findings and conclusions that the amenities or design features which promote the purposes of this subsection, as follows, are provided:

 

1. Open space: A four percent density bonus may be authorized if at least ten (10) percent of the open space is in concentrated areas for passive use. Open space shall include significant natural features of the site, including but not limited to fields, woodlands, watercourses, and permanent and seasonal wetlands. Excluded from the open space definition are the areas within the building footprints, land used for parking, vehicular circulation or rights-of-way, and areas used for any kind of storage.

2. Active recreation areas: A four percent density bonus may be authorized if at least ten (10) percent of the site is utilized for active recreational purposes, including but not limited to jogging or walking trails, pools, children's play areas, etc. Only that percentage of space contained within accessory structures that is directly used for active recreation purposes can be included in the ten percent active recreation requirement.

3. Stormwater drainage: A two percent density bonus may be authorized if stormwater drainage control is accomplished using natural onsite drainage features. Natural drainage feature may include streams, creeks, ponds, etc.

4. Native vegetation: A four percent density bonus may be authorized if at least fifteen (15) percent of the native vegetation on the site is left undisturbed in large open areas.


 

5. Parking lot size: A two percent density bonus may be authorized if offstreet parking is grouped in areas of sixteen (16) stalls or less. Parking areas must be separated from other parking areas or buildings by significant landscaping in excess of type V standards as provided in subsection 17.07.050.E. At least fifty (50) percent of these parking areas must be designed as outlined in this subsection to receive the density bonus.

6. Mixed housing types: A two percent density bonus may be authorized if a development features a mix of residential housing types. Single-family residences, attached single units, condominiums, apartments and town homes, are examples of housing types. The mix need not include some of every type.

7. Project planning and management: A two percent density bonus may be granted if a design/development team is used. Such a team would include a mixture of architects, engineers, landscape architects, and designers. A design/development team is likely to produce a professional development concept that would be consistent with the purpose of the zoning regulations. These standards are thresholds, and partial credit is not given for partial attainment. The site plan must at least meet the threshold level of each bonus standard in order for density bonuses to be given for that standard.

 

E. Application process: The application process includes the following steps: informal review process, compliance with the state Environmental Policy Act, community information meeting, development plan review, and public hearing before the Planning Commission.

 

1. Informal review process: An applicant shall meet informally with the Town Planner at the earliest possible date to discuss the proposed PUD. The purpose of this meeting is to develop a project that will meet the needs of the applicant and the objectives of the Town as defined in this title.

2. SEPA compliance: Compliance with the State Environmental Policy Act and regulations and Town SEPA requirements shall be completed prior to development plan review.

3. Development plan review: After informal review and completion of the SEPA process, the Town Planner shall review the development plan through the review process. Comments received by the project developer under the development review process shall be used to formalize the proposed development prior to the development being presented at a public hearing before the Planning Commission.

4. Community information meeting:

 

a. A community information meeting shall be required for any proposed PUD located within a residential zone or within three hundred (300) feet of a residential zone. At this meeting the applicant shall present the development proposed to interested residents. Issues raised at the meeting may be used to refine the PUD plan. Notice shall be given in at least one (1) publication in the local newspaper at least ten (10) days prior to the public hearing. Written notice shall be mailed first class to all property owners within a radius of not less than three hundred (300) feet of the exterior boundaries of the property subject to the application. Any alleged failure of any property owner to actually receive the notice of hearing shall not invalidate the proceedings.

b. Nonresidential PUD's not located within three hundred (300) feet of a residential zone shall not require a community information meeting.

 

5. Public notice and Planning Commission public hearing: The Planning Commission shall hold at least one (1) public hearing on the proposed PUD and shall give notice thereof in at least one (1) publication in the local newspaper at least ten (10) days prior to the public hearing. Written notice shall be mailed first class to all property owners within a radius not less than three hundred (300) feet of the exterior boundaries of the property subject to the application. Any alleged failure of any property owner to actually receive the notice of hearing shall not invalidate the proceedings.

6. Consolidation of land use permit processes: The PUD approval process may be used to consolidate other land use permit processes, which are required, by other sections of this title. The public hearing required for the PUD may serve as the public hearing for the conditional use permit, subdivision, shoreline substantial development and rezoning if such land use permits are a part of the overall PUD application. When another land use permit is involved which requires Town council approval, the PUD shall not be deemed to be approved until the Town council has approved the related land use permit. If a public hearing is required for any of the categories of actions listed in this subsection, the Planning Commission shall employ the public hearing notice requirements for all actions considered which ensure the maximum notice to the public.

7. Planning Commission recommendation: The Planning Commission shall issue a written recommendation to the Town Council within thirty days (30) from the date of the hearing. Parties of record will be notified in writing of the recommendation. The Town Council either approves the Planning Commission recommendation or remands it back for further review with specific instructions.

8. The decision of the Town Council is final unless notice of appeal is filed with the Town clerk within fourteen (14) days of receipt by the developer of the decision.

9. Effective date: In approving a PUD, the Town Council shall specify that the approved PUD shall not take effect unless or until the developer files a completed development permit application within the time periods required by this title as set forth in subsection G, of this section. No official map or zoning text designations shall be amended to reflect the approved PUD designation until such time as the PUD becomes effective.

 

F. Review criteria for planned unit developments: Upon receipt of a complete application for a residential PUD, the Town Planner shall review the application and make its recommendation to the Planning Commission. The Planning Commission shall determine whether to recommend or condition an applicant based upon the following review criteria:

 

1.      Residential planned unit development criteria:

 

a. The proposed PUD project shall have a beneficial effect upon the community and users of the development, which would not normally be achieved by traditional lot-by-lot development and shall not be detrimental to existing or potential surrounding land uses as defined by the comprehensive plan.

b. Unusual environmental features of the site shall be preserved, maintained and incorporated into the design to benefit the development and the community.

c. The proposed PUD project shall provide areas of openness by using techniques such as clustering, separation of building groups, and use of well-designed open space and landscaping.

d. The proposed PUD project shall promote variety and innovation in site and building design. Common materials, architectural detailing, building scale and orientation shall be the related factors of buildings in groups.

e. Building design shall be based on a unified design concept, particularly when construction will be in phases.

 

2.      Nonresidential planned unit development criteria:

 

a. The proposed project shall have a beneficial effect, which would not normally be achieved by traditional lot-by-lot development and shall not be detrimental to existing or potential surrounding land uses as defined by the comprehensive plan.

b. Unusual environmental features of the site shall be preserved, maintained and incorporated into the design to benefit the development and the community.

c. The proposed project shall provide areas of openness by the clustering of buildings, and by the use of well designed landscaping and open spaces. Landscaping shall promote a coordinated appearance and break up continuous expanses of building and pavement.

d. The proposed project shall promote variety and innovation in site and building design. It shall encourage the incorporation of special design features such as visitor entrances, plazas, outdoor employee lunch and recreation areas, architectural focal points and accent lighting.

e. Building design shall be based on a unified design concept, particularly when construction will be in phases.

 

G. Time limits:

 

1. Application for development permit: The applicant shall apply for a development permit no later than one (1) year following final approval of the PUD. The application for development permit shall contain all conditions of the PUD approval.

2. Extensions: The applicant may request an extension, in writing, for the Development Permit Application. The Town Council may grant such an extension for a period not to exceed one (1) year. If a development permit is not issued within two (2) years, the PUD approval shall become null and void and the PUD shall not take effect.

 

H. Modifications of plan: Request or modifications of final approved plans shall be made in writing and shall be submitted to the Town Planner in the manner and form prescribed by the Town Planner. The criteria for approval of a request for a major modification shall be those criteria covering original approval of the permit, which is the subject of the proposed modification.

 

1.      Minor modifications: Modifications are deemed minor if all the following criteria are satisfied:

 

a.                   No new land use is proposed,

b.                  No increase in density, number of dwelling units or lots proposed,

c.                   No change in the general location or number of access points is proposed,

d.                  No reduction in the amount of open space is proposed,

e.                   No reduction in the amount of parking is proposed,

f.                    No increase in the total square footage of structures to be developed is proposed; and

g.                   No increase in general height of structures is proposed.

 

Examples of minor modifications include but are not limited to lot line adjustments, minor relocation of buildings or landscaped areas, minor changes in phasing or timing, and minor changes in elevations of buildings.

 

2. Major modifications: Major adjustments are those, which, as determined by the Town Planner, substantially change the basic design, density, open space or other similar requirements or provisions. The Town Planner shall review major adjustments to the development plans. The Town Planner shall issue a written decision to approve, deny or modify the request. Such a decision shall be final. The decision may be appealed to the Town Council by the filing of written notice of appeal with the Town clerk within fourteen (14) days of the date of the developer's receipt of the Town Planner's decision.