Chapter 17.75
SPECIAL CONDITIONS

Sections:

17.75.010    Purpose.

17.75.020    Regulations associated with special conditions.

17.75.030    Temporary amusements and public assembly.

17.75.040    Home enterprise minimum standards.

17.75.045    Home enterprise within home – Cases when permitted outright.

17.75.050    Resource extraction and grading.

17.75.060    Bed and breakfasts – Home-based lodging facilities.

17.75.070    Architectural features.

17.75.080    Special requirements for corner lots.

17.75.090    Exceptions to height restrictions.

17.75.100    Storage of vehicles and other materials.

17.75.110    Location of off-street parking.

17.75.120    Improvement of parking space and access.

17.75.130    Off-street parking requirements.

17.75.140    Sign requirements.

17.75.150    Open space requirements in new developments.

17.75.010 Purpose.

The following specific regulations are intended to provide for the location and control of certain special conditions which may arise in order to insure the greatest conformance to the Forks comprehensive plan. (Ord. 433 § 15.10, 1997)

17.75.020 Regulations associated with special conditions.

The following regulations shall apply in all zones. Where the provisions of this chapter conflict with the provisions of any district, the provisions of this chapter shall apply. (Ord. 433 § 15.20, 1997)

17.75.030 Temporary amusements and public assembly.

Amusements, entertainment, and similar temporary activities may occur on commercially or industrially zoned property upon obtaining a permit from the city council provided the amusement, entertainment, public assembly, or activity does not involve attendance for more than 16 hours in any 24-hour period. Such permit shall be for a maximum period of 30 days and shall be issued only if evidence indicates that:

(1) There will be no serious interference with activities of nearby residences, if any.

(2) Traffic circulation will not be unnecessarily impeded and that there will be provisions for adequate on-site parking and a reasonable means of ingress and egress.

(3) Sound or lighting will not be a nuisance to neighboring residences.

(4) There will be adequate provisions for water supply and sanitary facility. Outdoor public assemblies, music festivals, and similar uses which involve occupancy of a privately owned outdoor area for more than 16 hours in any 24-hour period shall not be permitted. (Ord. 433 § 15.30, 1997)

17.75.040 Home enterprise minimum standards.

Home enterprises are subject to the following minimum standards:

(1) The home enterprise, if not within a separate structure, is carried on entirely within the residential structure and is clearly subordinate to the residential use.

(2) The operator of the home enterprise lives in the residential structure as his or her primary residence, or where permitted on the land use matrix, the home industry is located within a separate facility with less than 2,000 square feet, but said facility needs to be on the same parcel as the residential structure being used as his or her primary residence.

(3) The home enterprise is operated in a manner as to not give any outward appearances or manifest characteristics of a business other than the display of an information sign as provided in subsection (7) of this section.

(4) There are no displays or storage of salvage materials, finished or partially finished merchandise outside of the residential structure, or where permitted, outside of the separate facility. Additionally, if the home enterprise involves work with vehicles or machinery there shall be no storage or work performed on such vehicles or machinery outside the residential structure, or where permitted, outside of the separate facility. In addition, proof of proper licensing with the Department of Revenue and the Washington State Patrol shall apply to vehicle repair shops.

(5) The home enterprise does not involve equipment operations or processes which introduce noise, smoke, dust, fumes, vibrations, odor, glare or other nuisance characteristics or hazards beyond those associated with a normal residence which can be detected off-premises or in some way adversely affect neighboring property.

(6) The home enterprise does not significantly increase local vehicular traffic.

(7) Only one sign is used for identification purposes and is attached to the residential structure. Such sign conforms to the sign ordinance of the city of Forks. Additionally, the sign is designed to blend favorably into the residential environment. (Ord. 433 § 15.40, 1997)

17.75.045 Home enterprise within home – Cases when permitted outright.

(1) Home enterprises within the home shall be permitted outright, even if other home enterprises may require special or conditional use permits, only in the following situations; provided, that the specific conditions found herein are met:

(a) Catalog-based sales enterprises that may or may not be associated with hosting parties for purposes of product review and ordering;

(b) Internet-based sales, services and/or transactions where no additional employees beyond the regular and usual occupants of the home associated with the enterprise are required to work at the home based business;

(c) Art- or craft-based enterprises where there is no separate facility required for the enterprise and no additional employees are required or associated with the home-based enterprise; and

(d) Professional-based services where no additional employees are required or associated with the home-based enterprise.

(2) In order to be permitted outright, the above home enterprises within the home must also be able to comply without additional structural modifications to the home with the following:

(a) Signage shall not exceed that found elsewhere within this chapter of the code;

(b) No parking spaces are required for the business, nor will be constructed or built beyond existing parking for the home occupants;

(c) No separate entrance is required or will be required to accommodate the business enterprise; and

(d) Vehicle traffic associated with the home enterprise is infrequent and does not exceed that associated with a residential dwelling that did not have a business enterprise. (Ord. 595 § 1, 2011; Ord. 514 § 1, 2004)

17.75.050 Resource extraction and grading.

Removal and grading of less then 150 cubic yards of earth or topsoil is permitted on any construction or development site. Where more than 150 cubic yards of earth materials will be removed or graded, a conditional use permit shall be required. Permit applications shall include a map at a scale of one inch equals 400 feet, showing major city transportation lines, existing topography, access roads and property lines. Another map shall be submitted showing the extent of the proposed excavation and final grading. (Ord. 433 § 15.50, 1997)

17.75.060 Bed and breakfasts – Home-based lodging facilities.

(1) Parking requirements shall include, in addition to an existing driveway associated with the home being used for a bed and breakfast/home-based lodging facility, one off-road parking space per room being marketed for overnight lodging. Such parking must be appropriately constructed and must be adequately lit for use at nighttime and/or during periods of inclement weather.

(2) No street or curbside parking shall be permitted in attempting to meet the above parking requirements.

(3) All such establishments must be inspected by the local designee of the fire district or fire inspector for compliance with the state and local fire codes, as well as ensuring that proper methods of egress and ingress are available to those lodging at the dwelling. Such an inspection shall occur prior to the establishment of any such business or use, even when such businesses or uses are permitted within the land use zone in question. (Ord. 433 § 15.60, 1997)

17.75.070 Architectural features.

(1) Chimneys, cornices, canopies or similar architectural features may extend into any required yard only to the extent permitted by the Uniform Building Code. However, porches, carports, decks, etc. shall comply with setback requirements associated with the applicable zoning designation.

(2) Fire escapes and outside stairways which are unroofed and unenclosed above the steps thereof may project not more than six feet into any required front yard, not more than three feet into any required side yard, and not more than 10 feet into any required rear yard.

(3) All residential classifications and dwellings in other classifications:

(a) For safety, sight-obscuring fences, walls, or privacy hedges within a required front yard or side yard adjacent to a street shall not exceed four feet in height when located within 10 feet of a private or public street edge.

(b) To provide emergency access to dwellings, fences, walls, and hedges located within a side yard or rear yard shall not exceed eight feet in height. However, when a fence is installed that exceeds five feet in height, the owner shall also install access gates in a manner and in number as determined by the Forks building inspector. When such fence, wall, or hedge is closer than five feet to any off-premises dwelling, a conditional use permit shall be required to determine the effect upon that dwelling.

(4) On commercial and industrial lots, fences and walls shall not exceed eight feet in height and shall not obstruct visibility at points of ingress and egress. If a dwelling is enclosed in a commercial or industrial fence, all sides of the dwelling shall be accessible to emergency personnel by not having to go over anything over five feet in height.

(5) Limitations on height shall not be deemed to prohibit safety or security fences of any height necessary for public playgrounds, public utilities, and other public installations. (Ord. 433 § 15.70, 1997)

17.75.080 Special requirements for corner lots.

(1) Vision Protections for Motorists. In all residential districts, all corner and reverse corner lots shall maintain, for the safety of the drivers of motor vehicles, a triangular area within which no tree, fence, shrub wall or other obstruction shall be permitted higher than 30 inches above the established roadway grade. Said triangular area shall be measured as follows:

(a) Street Intersections. At any intersection of two street rights-of-way, two sides of said triangular area shall extend 20 feet along both right-of-way lines, measured from their point of intersection.

(b) Street and Alley Intersections. At any intersection of street and alley rights-of-way, two sides of said triangular area shall extend 10 feet along both rights-of-way, measured from their point of intersection.

(2) Designation of Side Lot Setback for Corner Lots. Where a side lot line is also a street right-of-way, the side yard setback in any residential district shall be 15 feet subject to the approval of the planning director consulting with the building inspector; on corner lots in any residential district, the side lot line adjacent to the street may be considered the front lot line and the front, side, and rear yards adjusted accordingly. Approval shall be granted when the shifting of yards will result in better siting of the dwelling without adversely affecting adjacent properties, or obscuring drivers’ views as determined by the planning director. (Ord. 433 § 15.80, 1997)

Figure 2. Corner Lot Requirements

17.75.090 Exceptions to height restrictions.

Mechanical structures, mechanical appurtenances (heating, ventilation, air conditioning, etc.), and/or architectural design elements (cornices, false facades, etc.) may be erected on a building to a height greater than the limit established in any district provided that: (1) no such exceptions shall cover more than 15 percent of the area of the building; (2) construction and/or installation is permitted by the Uniform Building Code; and (3) written prior approval for such construction and/or installation is obtained from the designee of the fire district stating that the project would not constitute a fire hazard that could not be addressed by the fire district, nor constitute a hazard to the public’s safety with regard to fire hazards. Chimneys, water tanks, civil defense sirens, flag pole, monument, radio or TV antenna, government or public utility structures, and similar freestanding structures may be erected to a height greater than the limit established for any district provided such exception shall not cover more than 15 percent of the site. Such exceptions shall be approved by the city of Forks planning commission. (Ord. 446 § 2, 1998; Ord. 433 § 15.90, 1997)

17.75.100 Storage of vehicles and other materials.

Unless parked within the confines of a legal wrecking yard or on the premises of a legally established vehicle repair business, abandoned, inoperable, or partially dismantled vehicles shall not be parked outdoors. Not more than two vehicles intended to be repaired or restored may be parked outdoors if they are located in the rear yard and are screened by a sight-obscuring fence, wall, or hedge, or covered by a tarpaulin. Used building materials, equipment, and appliances, and similar items shall not be stored within the required front or street side yard for more than 30 days within a period of 12 consecutive months unless located within a district which specifically permits outdoor sales or storage. Parties shall be given 60 days from the date of written notice of noncompliance to comply with this section. (Ord. 433 § 15.100, 1997)

17.75.110 Location of off-street parking.

(1) In commercial or industrial districts off-street parking shall be located on the same lot or within 200 feet thereof.

(2) Parking for any nonresidential use shall not be located closer than five feet from any front or side property line when there is vehicular access from that property line. This provision shall not apply to any property or use which lawfully existed on the effective date of this code and which does not conform to the requirements within this code until such times as such use is discontinued or abandoned.

(3) Outdoor parking spaces or driveways serving an outdoor parking facility which are adjacent to property in a residential zone shall have a sight-obscuring fence four feet in height on the property line abutting said residential zone. This provision shall not apply to any outdoor parking facility which on the effective date of this code existed in conformance with prior city codes until such time as such use is discontinued or abandoned.

(4) Parking for residential uses shall not be located in a required front yard within 15 feet of the street side property line on a corner lot. Sufficient off-street parking shall be provided for at least two vehicles. (Ord. 433 § 15.110, 1997)

17.75.120 Improvement of parking space and access.

(1) Any parking facility for five or more vehicles, including access driveways and aisles, shall be graded and drained so as to dispose adequately of surface water, to the satisfaction of the city utilities superintendent, and shall be surfaced with concrete, asphaltic concrete, bituminous surface treatment or an equivalent satisfactory to the city utilities superintendent and shall be maintained in good condition free of weeds, dust, trash, and debris.

(2) Required individual parking spaces shall be designated by constructing paint or markers and shall be a minimum of nine feet wide and 20 feet long. Driveways providing access to a parking facility shall be at least 12 feet wide from each lane of travel and aisles providing access to parking spaces shall be as follows:

(a) One-way aisles serving angle parking 50 or less: 12 feet wide.

(b) One-way aisles serving angle parking 50 to 75 or two-way aisle: 18 feet wide.

(c) Two-way aisle serving angle parking 50 or less: 18 feet wide.

(d) Two-way aisle serving angle parking 50 or more or one-way aisle serving 70 to 90: 25 feet wide.

(3) Parking facilities for nonresidential uses which will be used after dark shall be lighted; provided, that the light source shall be directed away from nearby residential premises. (Ord. 433 § 15.120, 1997)

17.75.130 Off-street parking requirements.

(1) Minimum requirements for off-street parking shall be as follows:

(a) Single-family dwellings: Two parking spaces per unit.

(b) Multiple-Family Dwellings.

(i) Minimum Parking Requirements by Unit Type.

(A) Two parking spaces per unit; or

(B) One parking space per each studio or for each one bedroom unit.

(ii) Further, the project developer may elect to apply one of the following to the total number of required parking spaces for a multifamily dwelling; provided, that the developer can (A) demonstrate and certify to the applicability of either of these incentives to their proposed development as part of the permit process; and (B) upon permit approval and as part of the inspection process associated with the development’s construction, verify and demonstrate that the permitted incentive is and/or was constructed and installed as permitted. A developer may select either of the following two incentives:

(A) Affordable Housing Related Incentive. For projects funded in part or in their entirety with state and/or federal funds for affordable low to moderate income housing, the total number of parking spaces required by subsection (1)(b)(i) of this section may be reduced by no more than 15 percent of the total; provided, that the developer further certifies that any cost savings would be invested into the project electing to utilize this incentive and can demonstrate that the development is in very close proximity to known public transportation routes.

(B) Low-Impact Stormwater Management Incentive. For projects where the developer elects to utilize pervious paving, pervious surface drain strips, or other similar low-impact stormwater management approaches to comply with the requirement that all stormwater is kept on site, the total number of parking spaces required by subsection (1)(b)(i) of this section may be reduced by no more than 15 percent of the total; provided, that all such devices are reviewed and approved by the city’s public works director and a management plan for those devices is provided for as part of the permit application.

(iii) Any incentive provided for within this portion of the code may not be accumulated with another identified incentive found within subsection (1)(b)(ii) of this section.

(c) Personal, professional, financial services, businesses, and public offices: one space per 350 square feet of gross floor area, plus one space per employee on the largest work shift. If parking can be placed behind and/or to the side of the facility, an allotment of one space per 450 square feet of gross floor area can be utilized.

(d) Retail sales of small items, including but not limited to groceries, drugs, and department store items, in a building: one space per 350 square feet of gross floor area, plus one space per employee on the largest work shift. If parking can be placed behind and/or to the side of the facility, an allotment of one space per 450 square feet of gross floor area can be utilized.

(e) Retail sales of bulky items, including but not limited to furniture, appliances, feed and grain, service stations, furniture and appliance repair, car washes, professional laundries, data processing and printing, plumbing, construction, craft shops, cabinet making, machine shops, fabricating shops, and other trades, motor vehicle and heavy equipment sales and repair, warehousing and food or property storage facilities, wholesale sales, bottling and distributing shops, and truck terminals:

(i) One space per 750 square feet of gross floor area; plus

(ii) One space per employee on the largest work shift.

If parking can be placed behind and/or to the side of the facility, an allotment of one space per 850 square feet of gross floor area can be utilized.

(f) Taverns, lounges, restaurants, and commercial indoor places of amusement and recreation:

(i) One space per 175 square feet of gross floor area; or

(ii) One space for every three persons of legal occupancy, or practical occupancy, where a legal standard does not exist, plus one space per employee, whichever is greater;

(iii) If parking can be placed behind and/or to the side of the facility, an allotment of one space per 250 square feet of gross floor area can be utilized.

(g) Self-service laundries: one space for every 175 square feet of gross floor area.

(h) Hotels, motels, or boarding houses: one space per guest room plus one space per employee on the largest workshift.

(i) Hospitals, residential care facilities: one space per three patient beds or examination tables plus one per staff doctor, plus one space for every other employee working on the largest workshift.

(j) Clinic and pharmacies incidental to a clinic: one space per patient bed or room, plus one space per staff doctor and one space per other employees on the largest workshift.

(k) Churches, mortuaries, places of public assembly, places of adult instruction or exhibition halls:

(i) With fixed seats, one space for every five seats in the main auditorium every 20 inches of a church pew equals one seat; or

(ii) Without fixed seats, one space for every 175 square feet of gross floor area in the main assembly area;

(iii) If parking can be placed behind and/or to the side of the facility, an allotment of one space per 250 square feet of gross floor area can be utilized.

(l) Manufacturing, home based businesses, processing, and treatment plants: one space for every two employees.

(m) Uses not otherwise specified: as may be established by the city council. Uses occupying structures existing as to the effective date of this code shall be exempt from providing the required number of parking spaces as outlined in this section provided:

(i) Where such use is expanded, enlarged, or intensified, additional off-street parking shall be required only for such expansion, enlargement, or intensification;

(ii) The number of off-street parking spaces for uses existing at the effective date of this code shall not be reduced; and

(iii) Where a use proposes to occupy a structure existing as of the effective date of this code and where such use requires more off-street parking than the use immediately preceding it in such structure, such use shall be required to provide only that number of additional parking spaces which is the difference between the requirement for such new use and the requirement for the use immediately preceding it in such structure.

(2) Required off-street parking shall be for occupants, employees, visitors, and customers and shall be limited in use to parking.

(3) Compliance with the Americans with Disabilities Act is also required for facilities used by the public, and may require creation of additional spaces. Placement and signing of disabled parking spaces must be coordinated with the city utilities superintendent.

(4) For nonresidential uses identified within this section, a low-impact stormwater management incentive may be applied by the developer of the project to reduce the total parking requirement by 15 percent when the developer installs and/or implements low-impact stormwater management techniques such as pervious paving, pervious surface drain strips, or other similar low-impact stormwater management approaches that have been approved by the public works director. As a condition associated with the permitting of this incentive, the developer will also have to provide a management plan for those devices as part of the permit application. (Ord. 591 § 1, 2011; Ord. 579 § 1, 2010; Ord. 433 § 15.130, 1997)

17.75.140 Sign requirements.

Signs erected within the city of Forks shall meet the requirements of the city of Forks sign ordinance, Chapter 17.110 FMC, as passed and amended by the city of Forks. (Ord. 433 § 15.140, 1997)

17.75.150 Open space requirements in new developments.

(1) As required by the Growth Management Act, the creation of new “open space”’ is a required need within GMA defined urban areas. While the city of Forks is surrounded by tens of thousands of acres of open space in the forms of commercial forest lands, national forests, and/or national parks, compliance with state law is required. Therefore the following open space requirements shall be applicable:

(a) Residential development has 20 or more lots, condominiums, apartments of dwelling units and/or mobile home lots. In such developments, the developer shall be required as part of final approval to create open space in an amount equal to the average of all of the lots in the development. In the case of condominiums, apartments, townhouses, etc., the developer shall establish one-twentieth of the entire development area as communal open space. In developments that exceed 30 lots, the open space requirement shall be established as one lot per 20 new lots.

(b) Residential development has 19 lots or less. The developer is encouraged to create communal open space. However, the creation of such space is optional and can only be required by the city as part of the final approval when the open space would mitigate some other aspect of the development.

(c) Commercial Development. When the commercial development involves the creations of retail shopping facilities with more than 10,000 gross square feet, or business/professional parks consisting of more than 10 tenant units, then open space requirements shall be created at the rate of one-twentieth of the entire development area or parcel size, whichever is greater. This space can be developed into common areas.

(2) In all cases requiring open space, the open space shall be denoted on the final plat. In addition, responsibility for the maintenance of the open space shall be that of the developer or the owners/tenants. In the latter case, a binding maintenance agreement shall be executed, after review by the city, and recorded with the final plat. Open space requirements may be fulfilled with the dedication of critical areas as open space, even if density transference options found within the Forks zoning code are utilized. In no situation may open space be utilized by the developer to meet the requirements of setbacks, front, side or back yards, parking, or buffer zones (with the exception of critical area buffers as already noted above). (Ord. 433 § 15.150, 1997)