Chapter 17.34
B-1 ZONE—RETAIL COMMERCIAL
Sections:
17.34.050 Density regulations.
17.34.060 General regulations.
17.34.070 Oyhut Bay special district.
17.34.010 Purpose.
This district is intended for retail commercial uses and providing day-to-day goods and services. Financial, professional, personal and commercial services are intended for this district as well as mercantile, lodging, food and other common goods and services. All uses and structures are to be of good appearance, well designed and free of hazards, nuisances or other unattractive attributes. (Ord. 837 § 1 (part), 2008: Ord. 136 § 3.15 (part), 1974)
17.34.020 Permitted uses.
Permitted uses shall be as follows:
A. One-family, two-family and multifamily dwellings, grocery and drug stores, hardware stores, hotels, motels, restaurants, cafes, taverns, cocktail lounges, banks, professional offices, general offices, specialty shops, jewelry shops, child care centers, light equipment rental and other uses of a similar nature, and on-site hazardous waste treatment and storage facilities; provided, that such facilities comply with the state siting criteria adopted in accordance with RCW 70.105.210 or its successor.
B. Marijuana retailer and retail outlets are permitted except in the mixed commercial and hotel area defined solely as Ocean Shores Boulevard between Damon Road and the 600 block, and subject to the applicable sensitive use buffers outlined in Section 5.10.050.
C. Nonaccessory structures in compliance with the provisions of Section 17.50.115.
D. Accessory structures and uses as follows:
1. Residential garages and carports, private workshops, private greenhouses, and other uses of a similar and compatible nature, all subject to Section 17.50.110;
2. Fences, walls and hedges subject to Sections 17.50.120 and 17.50.130;
3. Off-street parking subject to Chapter 17.54;
4. Permitted accessory uses include drive-in windows for banks and eating places and any use of structure customarily accessory to permitted uses.
(Ord. 1028 § 2, 2018; Ord. 1012 § 2, 2018: Ord. 897 § 1 (part), 2011; Ord. 837 § 1 (part), 2008: Ord. 760 § 1, 2003; Ord. 759 § 11, 2003; Ord. 477 § 2, 1989: Ord. 371, 1983: Ord. 136 § 3.15(a), 1974)
17.34.030 Conditional uses.
The following uses may be allowed in the B-1 zone upon approval of a conditional use permit in accordance with the provisions of Sections 17.52.040 through 17.52.080; provided, that they do not detract from the retail commercial character of the zone:
A. Public and semi-public uses as provided in Section 17.50.040.
B. Resource extraction as provided in Section 17.50.050.
C. Airports and heliports as provided in Section 17.50.220.
D. Row house and other common wall residential developments where the underlying land is subdivided to allow ownership of the individual lot and home.
E. Storage units may be allowed in conjunction with a permitted use.
F. Uses that have some outdoor characteristics may be permitted if it can be shown that such outdoor activity is customarily a part of such uses or that some public benefit will accrue by location of such use in this district. Examples are automobile service stations, public buildings and facilities, nurseries, lumberyards, and other uses of a similar and compatible nature.
G. Homeless services uses.
1. A homeless services use requires approval of a conditional use permit unless the city council agrees to negotiate a development agreement. Refer to Chapter 17.52.
(Ord. 1076 §§ 2, 3, 2021; Ord. 837 § 1 (part), 2008)
17.34.040 Prohibited uses.
A. All uses not specifically listed as permitted or conditional uses in this district are prohibited uses; provided, that the city planner may determine that a proposed use is substantially similar to a listed permitted use and authorizes the use in accordance with Section 17.06.050; provided further, that uses similar to listed conditional uses may be processed for consideration by the hearing examiner pursuant to Section 17.06.060.
B. Camping and other temporary housing.
(Ord. 837 § 1 (part), 2008)
17.34.050 Density regulations.
A. One single-family dwelling is allowed per established and recorded lot according to the plats existing as of August 1, 2003, or as legally created thereafter under the provisions of the city short plat and subdivision requirements.
B. Two-family and multifamily dwellings shall have a minimum lot size of seven hundred square feet per dwelling unit.
C. Subdivisions, short plats, replats and/or boundary line adjustments shall have a minimum lot size of seven thousand two hundred square feet; provided, that upon approval of a conditional use permit pursuant to Section 17.34.030, platting to a minimum of seven hundred square feet per lot may be allowed in conformance with the terms of the conditional use permit and the provisions of Section 17.50.190.
(Ord. 897 § 1 (part), 2011: Ord. 837 § 1 (part), 2008)
17.34.060 General regulations.
A. Minimum side yard depth in feet to be determined by the building and fire codes;
B. Minimum rear yard depth in feet to be determined by the building and fire codes;
C. Yard requirements for residential uses shall be as provided in the R-1 zone;
D. All equipment and merchandise display and storage must be conducted within an approved permanent structure with the following exceptions:
1. Moped rentals, nurseries, lumberyards and similar uses that require outdoor storage and display; provided, that such outside display or storage is conducted adjacent to and in connection with property adjoining an approved permanent structure;
2. Businesses are permitted fifteen days of sidewalk sales or special event outdoor sales per year; provided, that such sales are conducted adjacent to and in connection with property adjoining an approved permanent structure. Nonprofit organizations are permitted six days of sidewalk or special event outdoor sales per year.
(Ord. 907 § 1 (part), 2012; Ord. 897 § 1 (part), 2011; Ord. 837 § 1 (part), 2008)
17.34.070 Oyhut Bay special district.
The zoning classification of New Lot 1 and New Lot 2 of that Certain City of Ocean Shores, The Villages at Ocean Shores, Boundary Line Adjustment, as recorded under Auditor’s File No. 2014-10220004, Grays Harbor County, State of Washington (Re-Recorded Boundary Line Adjustment recorded October 22, 2014 under Auditor’s File No. 2014-10220, Corrected Legal Description of Boundary Line Adjustment filed February 25, 2015 under Auditor’s File No. 2015-02250022); AND
Lot 3 and Lot 4 of that Certain City of Ocean Shores, The Villages at Ocean Shores, Boundary Line Adjustment, as recorded under Auditor’s File No. 2008-04100055, Volume 29 of Surveys, pages 28-31, records of Grays Harbor County, State of Washington; AND
Lot 41 and Lot 42, Block 12, Ocean Shores Division No. 17, as per plat recorded in Volume I of Plats, page 34, records of Grays Harbor County; AND
Lot 100, Lot 101, Lot 102, Lot 103 and Lot 104, Block 11, Ocean Shores Division No. 16, as per plat recorded in Volume 9 of Plats, page 3, records of Grays Harbor County; Situate in the County of Grays Harbor, State of Washington (all together the “Site”), is changed from R-1 or R-7 to B-1 subject to compliance by the owner with the following conditions:
A. All development shall be consistent with the March 10, 2014, Development agreement between the city of Ocean Shores and Ocean Shores Villages, LLC for Oyhut Bay Development, recorded on March 20, 2014, Grays Harbor County recording number 2014-03200040 (“development agreement”) as it may be amended from time to time.
B. If the site is not developed in accordance with the terms of the development agreement, or if the development agreement is otherwise terminated, then the underlying zoning shall revert to the prior zoning of R-1 or R-7 and CUP 13-03 shall expire.
(Ord. 957 § 2, 2015: Ord. 937 § 2, 2014)