Chapter 17.12
APPLICATION OF DISTRICT REGULATIONS

Sections:

17.12.010    General provisions.

17.12.020    Conformity to regulations required.

17.12.030    Noncomplying erection or alteration prohibited.

17.12.040    Limitations on yard use for purposes of compliance.

17.12.050    Yard or lot dimensions.

17.12.060    Zoning upon annexation.

17.12.070    Uses.

17.12.010 General provisions.

A. The regulations in each district shall be minimum regulations and shall apply uniformly to each class or kind of structure or land, unless indicated otherwise.

B. In figuring the units permitted, decimals shall be rounded off to the next whole number: 0.1 to 0.4 shall be rounded down; 0.5 to 0.9 shall be rounded up.

C. Where the official city street and highway map shows a future width greater than the dedicated width, setbacks shall be measured from the proposed future street width line. (Ord. 1160 NS § 1, 1997).

17.12.020 Conformity to regulations required.

No building, structure, or land shall be used or occupied, and no building or structure or part thereof shall be erected, constructed, reconstructed, moved, or structurally altered except in conformity with all of the regulations specified for the district in which it is located. (Ord. 1160 NS § 1, 1997).

17.12.030 Noncomplying erection or alteration prohibited.

No building or other structure shall be erected or altered:

A. To exceed the height;

B. To accommodate or house a greater number of families;

C. To occupy a greater percentage of lot area;

D. To have narrower or smaller rear yards, front yards, side yards, or other open spaces than required; or in any manner contrary to the provisions of this title. (Ord. 1160 NS § 1, 1997).

17.12.040 Limitations on yard use for purposes of compliance.

No part of a yard, or other open space required in connection with any building for the purpose of complying with this title, shall be included as part of a yard or open space similarly required for any other building. (Ord. 1160 NS § 1, 1997).

17.12.050 Yard or lot dimensions.

No yard or lot existing at the time of passage of the ordinance codified in this title shall be reduced in dimension or area below the minimum requirements in this title. Yards or lots created after the effective date of the ordinance codified in this title shall meet at least the minimum requirements established by this title. (Ord. 1160 NS § 1, 1997).

17.12.060 Zoning upon annexation.

All territory which is annexed to the city shall be designated on the zoning map as provided for in the comprehensive plan. Requests to alter the zoning on property shall follow the procedure in Chapter 17.96 CMC. (Ord. 1160 NS § 1, 1997).

17.12.070 Uses.

A. Table 17.12.070 indicates permitted and conditionally permitted uses in the various base districts. Permitted uses are allowed as a matter of right. Because of considerations of traffic, noise, lighting, hazards, health and environmental issues, certain uses may be permitted subject to a conditional use permit. For purposes of this section the following apply:

1. “P” indicates a permitted use.

2. “C” indicates a use that requires a conditional use permit.

B. Uses allowed in the overlay districts are addressed in the applicable chapters.

 

Table 17.12.070: Permitted and Conditionally Permitted Uses in Base Zone Districts 

	Zoning District
Use	R-1-S	R-1	R-2	R-3	C-2	C-3	LI	I	OS	AF
Residential Uses
Bed and breakfast facilities	P	P	P	P		P
Boarding houses			P	P
Duplex	P	P	P	P	C(36)	P(42)
Group housing for five or less developmentally disabled	P	P	P	P
Home occupations	P	P	P	P	C	P
Housing for people with functional disabilities	C	P	P	P
Manufactured home	P	P(41)	P(2)	P	C(37) P(36)	P(1)	P(3)	P(3)	P(4)
Manufactured home parks	P(5)		P(5)	P		C(5)
Multifamily dwellings			P	P	P(6)	P(1)
Single-family residence	P	P	P	P	P(6) C(37)/ P(36)	P(1)	P(3)	P(3)	P(4)
Single-family – attached dwelling			P	P	P(36)	P(36)
Nonresidential Uses
Adult entertainment						P(40)
Airports and landing fields (see ALO district)										P(38)
Amusement enterprise (8)					C	P
Animal hospital (9)					C	P
Animal kennels							C	P(10)
Antique shops					P	P
Appliance sales and service					P	P
Art supplies					P	P
Artists’ studios					P	P
Automobile dealer					C	P	P
Automobile parts sales					P	P
Automobile repair					C	P	P
Bakery							P
Bakery, retail only					P	P
Banks					P	P
Barber and beauty shops					P	P
Bars and nightclubs					P	P
Beekeeping	P
Bicycle shops					P	P
Billiards and pool halls					P	P
Blueprinting					P	P
Book and stationery stores					P	P
Bottling and processing of beverages					C	P	P
Building materials, retail sales						C	P	P
Bus depot					C	P	P
Cafes					P	P	P	P
Camera and supply shops					P	P
Car wash						P	P
Cemeteries and mausoleums (see AL district)									P
Churches	C	C	C	C		C
Circuses, carnivals, and fairgrounds							P(11)		P(12)
Concrete plants and accessory uses							P	P
Cultivation for agriculture, greenhouses, etc.	P	C	C	C			P
Dairy product stores					P	P
Day care centers	C	C	C	C	C	P	C	C
Delicatessen					P	P	P	P
Department store					P	P
Draperies store					P	P
Dress and millinery shops					P	P
Driving range associated with golf course									P
Dry cleaning and self-service laundromats					C	P
Eating and drinking establishments					P	P	P	P
Electrical and electronic supplies					P	P
Equipment rental					C	P	P
Fairs							P
Farm machinery and heavy equipment sales						P	P
Farming, general								P
Feed and seed store, retail or wholesale					C	P	P	P(13)
Floor covering store					P	P
Florist shops					P	P
Fountains or ice cream stands					P(14)	P(14)
Fuel oil distribution, retail or wholesale					C	P	P	P(13)
Furniture store					P	P
Garden supply store					P	P
Gift shop					P	P
Government offices	C	C	P(15)/C(16)	P(15)/C(16)	P	P
Grocery stores					P/C(17)	P
Hardware store					P	P
Hazardous waste treatment and storage facilities, off-site (18)								P
Hazardous waste treatment and storage, on-site (19)					P	P	P	P
Health studio					P	P
Hobby shop					P	P
Hospitals	C	C	C	C
Hotel and motel					P	P
Incidental uses, including one private garage/unit and household pets	P	P	P	P	P	P	P		P
Industrial equipment and supplies, retail sales							P	P
Institutions of higher education or training	C	C	C	C	C	P
Interior decorator studio					P	P
Jewelry store					P	P
Keeping of livestock	P(34)
Landscape nursery	C				C	P	P
Laundry and dry cleaning, dyeing or rug cleaning plant					C	P
Leather goods store					P	P
Libraries, museums, art galleries, cultural institutions			C	C	P	P
Light industrial use, such as manufacture and assembly of products or materials not expressly prohibited in (20)							P
Light manufacturing						C(21)	P
Lumber yard, retail or wholesale						C	P	P
Manufacture of cement, lime and plaster of paris								P
Manufacture, compounding, processing, refining treatment and assembly (22)								P
Marine craft, equipment and supply sales and repair and service of small craft					C		P
Medical and dental clinics		C	C	C	P	P
Miniwarehouse rental storage facilities					C(23)	P(23)	P
Mobile/manufactured home or RV sales and service						P	P
Motor vehicles, heavy equipment, boats, retail sales							P	P
Music store					P	P
Natural conservancy areas left in natural state									P
Nursing, retirement, rest and convalescent homes	C	C	C	C	C	C
Office supplies and equipment store					P	P
Offices, administrative and executive					P	P	P(7)
Offices, professional and general			P(25)	P(25)	P(26)	P(26)	P(26)
Other similar uses as determined by administrative official	P/C	P/C	P/C	P/C	P/C	P/C	P/C	P/C	P/C	P/C
Paint and wallpaper store					P	P
Parking area, public or private					P	P	P
Parks, playgrounds and publicly owned recreational facilities	C	C	C	C	C	C	C
Pet shop					P	P
Pharmacy and drug stores					P	P
Photographer’s studio					P	P
Plumbing shop					C	P	P
Post office					P	P
Pounds							C
Printing shops and newspaper office					P	P	P
Private clubs or lodges (24)	C
Public parks, open space, amusement parks, zoos, fairs									P/C(35)
Public utilities								P	P
Racquetball, handball and tennis courts					P	P
Recreational vehicle park						C	C		C(28)
Recycling center							P
Restaurant, drive-in or refreshment stand					C	P	P
Restaurants					P(29)	P(29)	P
Retail sales accessory to a manufacturing use							P
Sale of products raised on premises	P
Schools, public and private	C	C	C	C	C	C
Schools, specialty	C	C	C	C	C	P	P	P		P(39)
Service station including convenience store					C	P	P
Shoe stores and repair shops					P	P
Sign shop					C	P	P
Sporting goods store					P	P
Storage and freight terminals								P
Storage yards							P(33)
Tailor shop					P	P
Temporary juvenile detention center					C	C
Theaters					P/C(30)	P(31)
Tobacco shop					P	P
Toy store					P	P
Transportation facilities							P	P
Travel agencies					P	P
Upholstery shop					C	P	P
Utility or communication facilities, including telecommunications	C	C	C	C	C(27)	P(27)	P
Variety stores					P	P
Wholesale warehouse or storage establishments					C(32)	P(32)	P	P
P = permitted     C = conditional Uses may be affected if property is also in an overlay district (see applicable overlay section)

Key

R-1-S	Single-Family Suburban District	C-3	General Commercial District
R-1	Single-Family Residential District	LI	Light Industrial District
R-2	Multifamily Residential District	I	Industrial District
R-3	General Residential District	OS	Open Space and Conservation District
C-2	Central Business District	AF	Airport Facilities District

Notes:

(1) Provided they meet the standards of Chapter 17.24 CMC.

(2) Shall be multisectioned by original design, with a width of 20 feet or greater as measured along its entire body length.

(3) To be occupied by an employee or owner acting as caretaker of a permitted use.

(4) Used exclusively for security personnel employed by permitted use.

(5) Provided they meet the standards of Chapter 17.68 CMC.

(6) Second story and above only.

(7) Does not exceed 25 percent of the gross floor area of permitted use.

(8) Includes bowling alley, roller or ice rink, dance hall, shooting gallery, and trampoline.

(9) Not closer than 200 feet from an R district, housed in a completely enclosed building.

(10) Provided 100 feet from any property line.

(11) Provided any livestock are retained within a secure building or fence.

(12) Does not include fairgrounds.

(13) Retail only.

(14) Confectionery stores with or without fountains.

(15) Where storage of materials and equipment is not a primary function.

(16) Where storage of materials and equipment is a primary function.

(17) With greater than 5,000 square feet.

(18) Subject to state siting criteria in WAC 173-303-285.

(19) Subject to state siting criteria in WAC 173-303-285 and incidental to a permitted use.

(20) No commercial or manufacture of the following: acetylene; distillation of alcohol; asphalt and tar; kiln fired brick, tile, terra cotta, fats, oils and soap; fertilizer, garbage, offal, bones and the reduction of dead animals; smeltering of metal; lampblack, stove and shoe polish; oilcloth and linoleum; paint, shellac, turpentine, lacquer and varnish; paper and pulp; petroleum processing; explosive or highly flammable material; tannery and curing of raw hides; acid, ammonia, bleach, chlorine, dye stuff, glue, gelatin and size.

(21) Provided no increase in noise level, air or visual pollution and that the use complies with CMC 17.64.160.

(22) The following materials and operations are prohibited: explosives, distillation of bones, rendering of fat and disposal of dead animals; glue, ammonia, chlorine and bleaching powder; petroleum or gas refining.

(23) Dead storage (i.e., objects and merchandise) only; flammable or hazardous chemicals or explosives are prohibited. No business shall be conducted in or from a miniwarehouse.

(24) Excluding those whose principal activity includes a service customarily carried on as a business, such as serving meals and/or alcoholic beverages.

(25) Excluding wholesale and retail stores, shops, and markets.

(26) Includes accountants, attorneys, medical, engineers, architects, insurance, real estate, lumber, savings and loan, stocks and other similar office uses.

(27) Includes related warehouse facilities or storage establishments.

(28) Occupancy shall not exceed four weeks and RV parks are prohibited in publicly owned park sites.

(29) Including sidewalk cafes.

(30) Drive-in requires CUP.

(31) Drive-in is permitted use.

(32) Only when occupying a completely enclosed building.

(33) Per standards of CMC 17.64.160(B).

(34) Per standards in CMC 17.64.180.

(35) CUP required if adjacent to R district.

(36) Only beyond the pedestrian core overlay district; subject to a maximum 10 feet front and/or side green space. Porches may extend into green space.

(37) Subject to CUP and pedestrian core overlay district.

(38) Airport facilities including runways, hangars, service facilities such as for aviation fuel, passenger terminal buildings, and all other uses common or incidental to airport use; aircraft sales, repair, rebuild, maintenance service and storage; fixed base operations providing aviation and aircraft services; medical uses such as first aid and/or medical stabilization necessary prior to air evacuation; facilities necessary for the staging of helicopter and fixed-wing air ambulance aircraft including those necessary for ambulances and other emergency vehicles; public structures and uses essential to the welfare of the city (fire stations, pump stations and water storage).

(39) Schools related to aircraft and flight operations.

(40) Provided they locate no closer than 1,000 feet from schools, parks, churches, museums and youth oriented businesses.

(41) Shall meet the definition of “designated manufactured home” and “new manufactured home” as contained in CMC 17.04.060. The manufactured home shall comply with all local design standards applicable to other homes within the neighborhood in which the manufactured home is to be located.

(42) Excluding general commercial zoned lands within the airport overlay zone as defined pursuant to this title. (Ord. 1398 NS, 2008; Ord. 1351 NS § 1, 2005; Ord. 1340 NS § 1, 2005; Ord. 1261 NS § 1, 2002; Ord. 1260 NS § 2, 2002; Ord. 1184 NS § 3, 1999; Ord. 1160 NS § 1, 1997).