Chapter 17.10
USE DISTRICT REGULATIONS AND STANDARDS

Sections:

17.10.010    Purpose.

17.10.020    District Use Chart.

17.10.030    Allowed uses.

17.10.040    Accessory uses.

17.10.050    Conditional uses.

17.10.060    Prohibited uses.

17.10.080    Setbacks and dimension requirements.

17.10.090    Height, bulk and density requirements.

17.10.100    Minimum design standards for one and two family dwellings.

17.10.110    Accessory dwellings.

17.10.120    Other accessory buildings.

17.10.130    Fences, walls and hedges.

17.10.140    Clear vision requirements.

17.10.150    Landscaping.

17.10.160    Signs.

17.10.170    Home occupations.

17.10.180    Manufactured home parks.

17.10.190    Mobile vendors.

17.10.200    Adult entertainment facilities.

17.10.010 Purpose.

The purpose of the use district regulations and standards is to provide a concise reference for determining the specific uses, maximum bulk, maximum density, and setback requirements for each use district. Also provided are general requirements that are common to many different use districts. (Ord. 668 § 3 (part), 1998)

17.10.020 District Use Chart.

A District Use Chart (Table 17.10.020) is established and contained in this chapter as a tool for the purpose of determining the specific uses allowed in each zone district. No use shall be allowed in a district that is listed in the use chart as prohibited, by variance or otherwise, unless nonconforming with regulations existing at the time of adoption.

 

Table 17.10.020

DISTRICT USE CHART 

A = Allowed or Principal Use

CUP = Conditional Use

RPD = Residential Planned Development

ACC = Accessory Use

P = Prohibited Use

AP = Administrative Permit

 

Use District:

R-1

R-2

C-1

C-2

HI

PU

AI

Remarks

Residential Land Uses

Accessory Dwelling Units

ACC

ACC

ACC

ACC

P

P

P

 

Adult Family Homes

A

A

A

P

P

P

P

 

Boarding Houses

P

A

P

P

P

P

P

 

Designated Manufactured Homes

A

A

P

P

P

P

P

Must comply with minimum design standards.

Dormitory Housing

P

P

P

A

A

P

P

 

Manufactured Home Parks

RPD

RPD

P

P

P

P

P

 

Mobile Homes

A*

A*

P

P

P

P

P

*Allowed only in manufactured home parks.

Multifamily Dwellings

RPD

A

RPD

RPD

P

P

P

 

Nursing Homes/Convalescent Centers

P

CUP

A

A

P

P

P

 

One-Family Dwellings

A

A

P

P

P

P

P

Also known as single-family detached dwellings.

Residential Care Facilities

CUP

A

A

A

P

P

P

Includes assisted living services facilities.

Retirement Community

P

A

P

P

P

P

P

 

Two-Family Dwellings

A

A

P

P

P

P

P

Also known as duplexes.

Commercial Land Uses

Adult Entertainment Facilities

P

P

P

A

A

P

P

 

Animal Clinics/Hospitals

P

P

P

A

A

P

P

 

Auto Engine/Body Repair

P

P

CUP

A

A

P

CUP

 

Bed and Breakfasts

CUP

AP

A

A

P

P

P

 

Building Supply Stores

P

P

P

A

A

P

P

 

Business/Professional Offices

P

AP

A

A

A

P

A

 

Car Washes

P

P

P

A

A

P

P

 

Coin Operated Laundries

P

P

A

A

A

P

P

 

Commercial Recreation

P

P

A

A

A

P

A

 

Day Care Centers

P

AP

A

P

P

P

P

 

Department/Variety Stores

P

P

A

A

A

P

P

 

Eating and Drinking Establishments

P

P

A

A

A

P

CUP

 

Equipment Rental

P

P

P

A

A

P

CUP

 

Family Day Care Homes

A

A

CUP

P

P

P

P

Must be licensed by the state of Washington. Must also be approved by city of Brewster as a home occupation.

Farmers’ Markets

P

P

A

A

P

P

P

 

Feed, Grain and Farm Supply Stores

P

P

P

A

A

P

P

 

Financial Institutions

P

P

A

A

P

P

P

 

Furniture Sales and Repair

P

AP

A

A

A

P

P

 

Grocery Stores

P

P

A

A

A

P

P

 

Hardware Stores

P

P

A

A

A

P

P

 

Home Occupations

A

A

A

P

P

P

P

See Section 17.10.170.

Hotels and Motels

P

P

A

A

P

P

P

 

Machine Shops

P

P

CUP

A

A

P

A

 

Manufactured Home, RV and Boat Sales

P

P

P

A

A

P

P

 

Nurseries and Landscaping Materials

P

P

P

A

A

P

P

 

Personal Services

P

AP

A

A

P

P

P

 

Personal Storage Facilities

P

P

P

A

A

P

P

 

Recreational Vehicle Parks

P

P

P

A*

P

P

P

*Must be part of planned residential development

Repair Shops

P

P

A

A

A

P

A

 

Retail Sales

P

P

A

A

A

P

A

 

Schools, Private

CUP

AP

P

P

P

A

P

 

Service Stations/Mini Marts

P

P

CUP

A

A

P

P

Service stations may include mini-markets/convenience stores.

Theaters, except Adult Entertainment Facilities

P

P

A

A

P

P

P

 

Truck Stops

P

P

P

A

A

P

P

 

Vehicle and Heavy Equipment Sales

P

P

P

A

A

P

P

 

Vendor, Mobile

A

A

A

A

A

A

A

See Chapter 5.06 for standards.

Vendor, Stationary

P

P

P

A

A

P

P

See Chapter 5.06 for standards.

Industrial Land Uses

Agriculture-Related Industry

P

P

P

P

A

P

A

 

Asphalt Manufacturing Plants

P

P

P

P

A

P

P

 

Bulk Storage Facilities

P

P

P

P

A

P

P

 

Cement/Concrete Plants

P

AP

P

P

A

P

P

 

Gravel Mining Operations

P

P

P

P

A

P

P

 

Heavy Equipment Storage

P

P

P

A

A

P

P

 

Junkyards and Automobile Wrecking Yards

P

P

P

P

A

P

P

 

Off-site Hazardous Waste Treatment and/or Storage Facilities

P

P

P

P

CUP

P

CUP

 

On-site Hazardous Waste Treatment and/or Storage Facilities

P

P

P

CUP

A

P

CUP

 

Public and Quasi-Public Land Uses

Airports

P

P

P

P

P

A

A

 

Cemeteries

P

P

P

P

P

A

P

 

Churches

CUP

A

A

P

P

P

P

 

Community Centers, Meetings Halls and Fraternal Lodges

P

AP

A

P

P

A

A

 

Golf Courses

CUP

CUP

P

P

P

A

P

 

Hospitals and Medical Clinics

P

P

P

A

P

A

P

 

Parks

CUP

CUP

CUP

P

P

A

P

 

Public Buildings

CUP

A

A

A

A

A

A

 

Recycling Drop-off Stations

P

P

P

A

A

A

A

 

Schools, Public

P

P

P

P

P

A

P

 

Other Land Uses

Advertising Devices

P

ACC

ACC

A

A

A

P

 

Garages and Outbuildings Associated with Residential Structures

ACC

ACC

ACC

ACC

P*

P*

P

*Only allowed as ACC if residential structure is a permitted use.

Parking Facilities

P

ACC

ACC

A

ACC

ACC

ACC

See Chapter 17.32.

(Ord. 910 § 2, 2019; Ord. 876 § 3, 2016; Ord. 857 § 9, 2014; Ord. 702 § 1, 2000; Ord. 697 § 1, 2000; Ord. 668 § 3 (part), 1998)

17.10.030 Allowed uses.

Uses allowed in all districts shall be as shown in the District Use Chart. Allowed uses are defined as the primary or predominant use of any lot or parcel. (Ord. 668 § 3 (part), 1998)

17.10.040 Accessory uses.

Uses allowed as accessory uses shall be as shown in the District Use Chart. Accessory uses are uses, structures, buildings or portions thereof that are subordinate to the allowed or principal use or building on the same lot or parcel to which it is accessory. Unless permitted as an accessory dwelling, accessory buildings shall contain no habitable space, nor shall they exceed twenty feet in height, unless otherwise specifically provided by other provisions of this title. (Ord. 668 § 3 (part), 1998)

17.10.050 Conditional uses.

Uses allowed as conditional uses in all districts shall be as shown in the District Use Chart. Conditional uses are permitted in a particular district upon showing that such use in a specified location will comply with all the conditions and standards for the location or operation of the use as specified by this title and authorized by the city of Brewster. (Ord. 668 § 3 (part), 1998)

17.10.060 Prohibited uses.

Uses prohibited or not allowed in each district shall be as shown in the District Use Chart. Mobile homes, as defined in Section 17.08.020, are considered nonconforming structures and shall not be relocated or brought into the city unless placed within an approved manufactured home park. (Ord. 668 § 3 (part), 1998)

17.10.080 Setbacks and dimension requirements.

Building setbacks and lot dimensional requirements shall be as provided in Table 17.10.080, Required Building Setbacks and Lot Dimensions.

Table 17.10.080

REQUIRED BUILDING SETBACKS AND LOT DIMENSIONS 

Zone

Minimum lot size1

(sq. ft.)

Minimum frontage on public street2

Required Yard Setbacks

Front3

Rear

Side

Street4

R-1

6,0002

50 ft.

15 ft.

20 ft.5

5 ft.

15 ft.

R-2

6,0002

50 ft.

15 ft.

10 ft.5

5 ft.

15 ft.

C-1

2,500

25 ft.

0 ft.

0 ft.

0 ft.

0 ft.

C-2

5,000

50 ft.

10 ft.

5 ft.

5 ft.

10 ft.

HI

5,000

50 ft.

10 ft.

10 ft.

5 ft.

10 ft.

PU

None

50 ft.

10 ft.

10 ft.

5 ft.

15 ft.

AI6

5,000

50 ft.

0 ft.

0 ft.

0 ft.

0 ft.

1    Minimum lot size requirements do not apply to planned developments, but may be used as general guide.

2    Two family dwellings require minimum lot size of 7,200 square feet.

3    On corner lots, the front lot line shall be the shorter of the two lot lines that border the streets (e.g. on a 50 foot x 100 foot lot, the 50 foot lot line that abuts the street is considered the front lot line). If both street frontages are the same length, the official address shall determine which is front.

4    Street setback is for corner lots only and is the side setback for the side of the lot parallel to the street right-of-way that is not the front lot line.

5    Required rear yard setbacks in the R-1 and R-2 zoning districts shall be reduced to five feet from the rear property line where the property borders on land owned by the Douglas County PUD with frontage on the Columbia River, except in no case shall the rear yard setback be less than the required setback for the specific shoreline designation in the city of Brewster Shoreline Master Program (as it now exists or hereinafter amended).

6    Side and rear setbacks in this zone may vary based on design of structure which determines where runoff and snow will be deposited. In no case shall the drip line(s) of a roof structure be closer than five feet from the property line.

(Ord. 857 §§ 10, 11, 12, 2014; Ord. 668 § 3 (part), 1998)

17.10.090 Height, bulk and density requirements.

Height, bulk and density requirements shall be those provided in Table 17.10.090, Height, Bulk and Density Requirements.

Table 17.10.090

HEIGHT, BULK AND DENSITY REQUIREMENTS

Zone

Maximum height

Maximum lot coverage

Maximum building coverage

Maximum gross density (dwellings per acre)

R-1

35 ft.

0.6

0.4

10

R-2

35 ft.

0.7

0.5

20

C-1

35 ft.

100 percent

100 percent

none

C-2

35 ft.

90 percent

75 percent

none

HI

50 ft.

100 percent

100 percent

none

PU

35 ft.

75 percent

75 percent

none

AI

35 ft.1

100 percent

100 percent

none

1    Maximum height subject to Federal Aviation Administration regulations.

(Ord. 857 § 13, 2014; Ord. 668 § 3 (part), 1998)

17.10.100 Minimum design standards for one and two family dwellings.

The following minimum design standards apply to all one and two family dwellings constructed or installed on a buildable lot after the effective date of the ordinance codified in this chapter. Unless otherwise specified, all such dwellings, whether site-built homes, manufactured homes, or modular homes, shall:

A. Be originally constructed with and now has a composition or wood shake or shingle, coated metal or similar roof of not less than three to twelve (3:12) pitch; and,

B. Have exterior siding similar in appearance to siding materials commonly used on conventional site-built single-family residences constructed in compliance with the Uniform Building Code.

C. Measured from the exterior walls outermost surface, site-built homes constructed in accordance with the Uniform Building Code shall at a minimum enclose an area twenty-four feet by thirty-six feet.

D. Manufactured homes shall be comprised of at least two fully enclosed parallel sections each of not less than twelve feet wide by thirty-six feet long, measured from the exterior walls outermost surface.

E. Manufactured homes shall have all accessories for travel, including tongues, trailer hitches, amber lights, and wheels, removed.

F. All structures attached to one and two family dwellings shall meet the city requirements for site-built structures. Structures attached to manufactured homes must also meet applicable state and federal requirements. (Ord. 668 § 3 (part), 1998)

17.10.110 Accessory dwellings.

The installation of one accessory dwelling in new or existing one family dwellings shall be allowed in R-1, R-2. Such dwellings C-1, and C-2 Districts shall only be permitted as the appurtenant to the permitted use. Accessory dwelling units are subject to the following design and occupancy standards:

A. The property owner, which shall include title holders and contact purchasers, must occupy either the principal unit or the accessory dwelling as their permanent residence, provided that the administrator may waive this requirement for temporary absences of less than one year.

B. The accessory dwelling shall contain not less than three hundred square feet and not more than eight hundred square feet, excluding any related garage area; provided, if the accessory dwelling is completely located on a single floor, the administrator may allow increased size in order to efficiently use all floor area, so long as all other standards set forth in this section are met.

C. Accessory dwellings shall not be permitted in structures detached from the primary residence, including but not limited to guest cottages, detached garages or workshops.

D. Any number of related persons may occupy each unit in a one family residence with an accessory dwelling provided that if unrelated persons occupy either unit, the total number of persons occupying both units together may not exceed ten.

E. One off-street parking space shall be required for the accessory dwelling, in addition to the off-street parking required for the main building.

F. Any additions to an existing building for the purpose of installing an accessory dwelling shall not exceed the allowable lot coverage or encroach into the existing setbacks.

G. A form as specified by the administrator shall be filed by the applicant as a deed restriction with the county auditor to indicate the presence of the accessory dwelling, the requirement of owner occupancy, and other standards for maintaining the unit as described in this section.

H. In order to encourage the development of housing units for people with disabilities, the administrator may allow reasonable deviation from the stated requirements to install features that facilitate accessibility. Such facilities shall be in conformance with the State Building Code as adopted by the city.

I. That portion of a one family dwelling or other structure which meets the definition of an accessory dwelling which was in existence prior to the effective date of this title may continue in existence provided the following requirements are met:

1. The accessory dwelling complies with the minimum requirements of the State Building Code as adopted by the city related to efficiency dwellings.

2. The accessory dwelling complies with subsections (A) and (G) of this section. (Ord. 668 § 3 (part), 1998)

17.10.120 Other accessory buildings.

Accessory uses and/or buildings other than accessory dwelling units shall be permitted in conjunction with any principal use or building provided that the following criteria are met:

A. The accessory use or building must meet the definitions provided in Section 17.08.020 of this code;

B. An accessory building must have been originally and specifically constructed for use as a permanent accessory building unless it is to be located in the industrial district. Cargo containers, truck vans, converted mobile homes and similar prefabricated containers and structures originally built for alternative purposes do not meet this criteria and are prohibited for use as accessory buildings;

C. The use or structure must not be expressly forbidden by this title;

D. An accessory building shall be located in a side or rear yard and conform with setback regulations, provided that the rear yard setback may be five feet. (Ord. 668 § 3 (part), 1998)

17.10.130 Fences, walls and hedges.

A. In all residential districts, fences, walls and hedges are allowed to a maximum height of four feet when located in a front yard, six feet when located in a side yard, and eight feet when located in a rear yard.

B. Fences located on corner lots are subject to the clear vision requirements in Section 17.10.140. In addition, for purposes of this section, corner lots and lots that abut two city streets shall be considered as having two front yards where the lot abuts the city streets, two side yards, and no rear yard.

C. In all residential districts, fences shall be constructed of suitable residential fencing materials approved by city superintendent or his or her designee. Suitable residential fencing materials shall not include plywood, portions of apple bins, chicken wire, range wire, barbed wire, or other similar materials. (Ord. 766 § 1 (part), 2005: Ord. 668 § 3 (part), 1998)

17.10.140 Clear vision requirements.

Except in the C-1 zoning district, no fence, wall, structure of any kind, bush or foliage shall be erected or placed or be allowed to grow or to be maintained at a height of over thirty-six inches above the established top of any curb grade on any public or privately owned land within an area having a direct base line as follows:

A. Street Intersections. From the intersection of two street lines at points twenty-five feet back from the intersection of such street lines or such street lines extended.

B. Alley Entrances. Intersecting the street and alley line at points twenty feet back from the intersection of such street and alley lines or such street and alley lines extended. (Ord. 766 § 1 (part), 2005: Ord. 668 § 3 (part), 1998)

17.10.150 Landscaping.

The purpose of the landscaping and screening requirements of this section is to increase compatibility between different intensities of land uses by encouraging visual barriers that interrupt the barren expanse of paved parking lots, screen undesirable views of selected industrial uses, promote desirable land-use patterns, reduce the impact of erosion and stormwater runoff, promote natural groundwater recharge, and to improve and maintain the inherent beauty of our city.

A. Minimum Landscape Standards—Multifamily Developments. The following design and development standards apply to developments that include multifamily dwellings:

1. Visual screening of trash areas and other service areas of the development shall be provided through landscape planting, fencing or other methods which provide for visual screening and which prevent blowing of trash.

2. Parking areas and buildings shall be provided with landscaping which breaks up the visual impact of the development from adjacent properties, and which prevents the occurrence of noxious weeds. If parking is to be located in the front yard area of the lot, then landscaped buffers must be included between the street and such parking areas.

3. All landscaping must commence immediately upon completion of construction. Landscaping must be maintained to assure long-term viability of planting; underground or timed water systems may be required for water conservation.

4. Landscape plans shall be submitted as part of the development application process for multifamily developments.

5. Stormwater shall be channeled and disposed of on-site by dispersal through a grassy area of sufficient size for the anticipated amount of runoff, or by release into a properly designed dump area with appropriate filtration devices, or through other methods to assure no degradation of water sources or increased levels of runoff onto adjoining property.

B. Minimum Landscaping Standards—Industrial/Commercial Districts. The following landscape design standards apply to development in the mixed commercial/light industrial (C-2) and heavy industrial (HI) districts:

1. Buffers or other means of providing light and glare protection, visual screening and sound dampening are required if adjacent to any residential (R-1 or R-2) district.

2. Buffers providing visual screening of developed portions of lots are required if adjacent to a roadway designated in the Brewster comprehensive plan as an arterial or collector street.

3. All landscaping must commence immediately upon completion of construction. Landscaping must be maintained to assure long-term viability of plantings; underground or timed water systems may be required for water conservation.

4. Landscape plans shall be submitted as part of the development application process for multifamily developments.

5. Stormwater shall be channeled and disposed of on-site by dispersal through a grassy area of sufficient size for the anticipated amount of runoff, or by release into a properly designed dump area with appropriate filtration devices, or through other methods to assure no degradation of water sources or increased levels of runoff onto adjoining property.

C. Minimum Landscaping Standards—Manufactured Home Parks.

1. All manufactured home parks shall be screened by fences and/or natural growth along all property boundary lines. Screening shall be a minimum height of five feet and in the case of natural growth a width of at least five feet. Screening operations shall be commenced before thirty days prior to occupancy of the mobile/manufactured home park, and planting shall be completed no more than nine months after occupancy. The city may require the owner to bond for the completion of screening.

2. All landscaping shall be maintained by the park management in a healthy, growing condition at all times.

3. Perimeters of common parking areas and bulk storage areas shall be landscaped to provide visual screening. (Ord. 668 § 3 (part), 1998)

17.10.160 Signs.

The purposes of this section are to encourage the effective use of signs as a means of communication in the city; to maintain and enhance the aesthetic environment; to improve pedestrian and traffic safety; and to minimize the possible adverse affect of signs on nearby public and private property.

A. Permitted Signs—Residential Districts. The following signs are allowed in residential districts:

1. One name plate for each dwelling unit, not more than three square feet in area;

2. One temporary sign advertising the sale, lease or rental of the property on which it is located, of not more than six square feet in area;

3. Signs expressing personal or political opinions for an upcoming election, or endorsing a political candidate; however, they shall not exceed three square feet in area and must be removed within one week of the close of the elections for which they are addressed.

4. No signs in residential districts shall be illuminated except as provided in subsection (A)(5) of this section.

5. On lots that include a multifamily complex of three units or more, one sign of not more than six square feet in area identifying, by name, the multifamily complex may be permitted per street frontage. Such sign may be illuminated by directional lighting attached directly to the edge of the sign and directed only at the sign itself;

6. One sign advertising bed and breakfasts or home occupations on the premises not exceeding six square feet.

7. Directional signs for parking areas in multifamily complexes used for parking, traffic control, and American With Disabilities Act compliance.

B. Permitted Signs—Commercial, Industrial and Public Districts. Signs located in Commercial, Industrial and Public Districts shall comply with the following design and development standards:

1. Signs related to specific on-site activities shall not exceed thirty-two square feet in surface area. Freestanding signs shall not exceed six feet in height (sign dimension, e.g. six-foot high by five-foot wide); and fifteen feet in height (structural, i.e. overall height of sign from ground).

2. Spinners, streamers, pennants, or flashing light used for commercial purposes and other attention-getting devices are prohibited except for temporary events not to exceed a total of thirty days within a calendar year.

3. Whenever feasible, signs shall be flush-mounted against existing buildings.

4. Temporary or obsolete signs shall be removed within ten days of elections, closures of businesses, or termination of any other intended function.

5. Lighted signs shall be hooded, shaded or aimed so that direct light of lamps will not result in glare when viewed from surrounding properties or rights-of-way.

6. Billboards are allowed in the mixed commercial/light industrial (C-2) and heavy industrial (HI) zones only and are subject to the following design and development standards:

a. Billboards shall have a maximum dimension of twelve feet by twenty-five feet.

b. Billboards shall not be less than one hundred feet from an intersection; provided, that a greater distance may be required if the city finds that a specific billboard at a specific location will obstruct or physically interfere with a motorist’s view of approaching, merging or intersecting traffic.

c. Billboards shall not be less than one hundred feet from any residential zone district.

d. A billboard shall not be located within five hundred feet of another billboard on the same side of the street. Back-to-back and v-type sign structures shall be considered one sign structure.

e. Billboards shall not block the visibility of any on-premises sign or the visibility for motorists of any official traffic sign, signal or device.

f. Lighting on billboards shall be for the sole purpose of illuminating the advertising message on the display surface and shall not constitute any part of the message itself, directly or indirectly. There shall be no blinking, flashing or fluttering lights. (Ord. 668 § 3 (part), 1998)

17.10.170 Home occupations.

It is the intent of this section to recognize the needs of citizens who are engaged in small-scale business ventures which could not be sustained if it were necessary to rent or lease commercial space, or which, in the nature of the home occupation, cannot be expanded to full-scale enterprises. Home occupations shall be allowed as established by Table 17.10.020, District Use Chart, provided the following standards are met:

A. It is unlawful for a person or individual, company, corporation or association or any other entity to engage in a home occupation as defined in Section 17.08.020 within the city limits without first having obtained a business license in compliance with the provisions of this section and Brewster Municipal Code Chapter 5.04. The license shall not be transferred, nor shall it be valid at any address other than the one appearing on the license.

B. The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use for residential purposes with not more than twenty-five percent of the gross floor area of the entire structure being used for conducting the home occupation.

C. The home occupation shall be fully enclosed within the primary residential structure or its accessory building(s).

D. No persons other than current residents of the structure and one nonresident employee at any one time may be employed in the home occupation.

E. There shall be no exterior window displays, storage of materials, or sample commodities displayed outside of the premises.

F. No equipment or process shall be used in such home occupation which creates noise, vibration, glare, smoke, dust, fumes, odors, heat or electrical interference with any radio or television receivers, or causes fluctuation in line voltage off the premises which would exceed that normally produced by a single-family residence.

G. No materials or commodities shall be delivered to or from the home occupation which are of such bulk or quantity as to require delivery by a commercial vehicle or trailer having more than a single axle.

H. No parking shall be allowed beyond that normal to a residential area and no excessive vehicular or pedestrian traffic shall be present as a result of the home occupation.

I. Home occupations may include, but are not necessarily limited to, the following:

1. Dressmaking, seamstresses, tailors;

2. Artists and sculptors;

3. Authors and composers;

4. Resident owned and operated beauty and/or barbershop;

5. Home crafts, such as model-making, rug weaving; lapidary work and cabinet making;

6. Office facility of a salesperson, sales representative, or manufacturer’s representative;

7. Office facility of an accountant, tax preparer or investment counselor;

8. Repair shop for household items;

9. Telephone answering or soliciting;

10. Computer programming and small scale repair;

11. Home cooking and preserving;

12. Musical instruction;

13. Child care.

J. The following uses are deemed to be prohibited home occupation uses:

1. Clinics and hospitals;

2. Group (more than four students at one time) dancing and music schools;

3. Mortuaries or funeral homes;

4. Commercial print shops;

5. Rental of trailers;

6. Restaurants and cafes;

7. Stables and kennels;

8. Vehicle repair or auto detailing shops;

9. Outdoor storage of building or construction materials not intended for immediate use in or on the premises; and

10. All other uses which do not comply with the intent of this section or the definition of a home occupation set forth in Section 17.08.133;

11. Uses involving the handling, treatment or storage of hazardous waste, as defined in RCW 70.105.010.

K. For the purposes of this section, garage and yard sales shall not be considered home occupations, so long as the sale involves only the sale of household goods, none of which were purchased for the purpose of resale and the sale does not continue for more than four consecutive days in any calendar month and is not in violation of any other provisions of the Brewster Municipal Code. (Ord. 668 § 3 (part), 1998)

17.10.180 Manufactured home parks.

All proposals for manufactured home parks shall be subject to the application and review procedures for binding site plan developments found in Chapter 17.29 Brewster Municipal Code. In addition to these procedures, the following siting and design requirements shall also apply to manufactured home parks:

A. As illustrated by Table 17.10.020, District Use Chart, manufactured home parks are permitted in the R-1 and R-2 districts only.

B. The number of mobile/manufactured homes in the park shall not exceed the maximum allowable density of the underlying district or eight units per acre, whichever is less.

C. The minimum site area of a mobile/manufactured home park shall be 1.5 acres.

D. Recreational vehicles shall not be allowed as permanent residences in manufactured home parks.

E. A minimum ten-foot separation shall be maintained between all mobile/manufactured homes, together with their habitable additions, and other mobile/manufactured homes. One-hour fire-resistant accessory structures and/or service buildings shall maintain a minimum three-foot separation from adjacent mobile homes. Non-firerated accessory structures and/or service buildings shall maintain a minimum six-foot separation between them selves and mobile homes, except that carports may abut the unit to which they are an accessory use.

F. All manufactured home parks shall be provided with safe and convenient vehicular access from an abutting public street. No arterial or collector street shall be within a manufactured home park.

G. All interior park roads shall be constructed within a private right-of-way which shall be sufficient to construct and maintain the roadway plus provisions for utilities, but in no case shall be less than twenty-four feet in width.

H. Manufactured home parks shall include screening and other landscaping as required in Section 17.10.150(C) of this chapter.

I. Manufactured and mobile homes placed in manufactured home parks shall be exempt from the minimum dimension requirements found in Section 17.10.100(D) of this chapter.

J. Mobile homes may not be placed in or relocated to manufactured home parks if such mobile homes were constructed prior to June 15, 1976. (Ord. 668 § 3 (part), 1998)

17.10.190 Mobile vendors.

Although generally permitted as an allowed use in all zone districts, mobile vendors must comply with the geographical restrictions. Additional regulations applicable to mobile and stationary vendors are found in Brewster Municipal Code, Chapter 5.04. (Ord. 668 § 3 (part), 1998)

17.10.200 Adult entertainment facilities.

A. Scope of Restrictions. All adult entertainment facilities shall comply with the requirements of this section. The purpose and intent of requiring standards for adult entertainment facilities is to mitigate the adverse secondary effects caused by such facilities and to maintain compatibility with other land uses and services permitted within the city. The standards established in this section apply to all adult entertainment facilities and include, but are not limited to, the following: adult arcades, adult cabarets, adult motels, adult motion picture theaters, and adult retail stores. The standards established in this section shall not be construed to restrict or prohibit the following activities or products: (1) plays, operas, musicals, or other dramatic works that are not obscene; (2) classes, seminars, or lectures which are held for a serious scientific or educational purpose that are not obscene; and (3) exhibitions, performances, expressions, or dances that are not obscene.

B. Separation Requirements. Adult entertainment facilities are prohibited in all zoning districts except the C-2 and H-I districts. Adult entertainment facilities shall be permitted in these districts as set forth on Table 17.10.020 only if the following separation requirements are met:

1. No adult entertainment facility shall be located closer than five hundred feet to any other adult entertainment facility whether or not such adult entertainment facility is located within or outside the city limits.

2. No adult entertainment facility shall be located closer than five hundred feet to any residential zoning district whether or not such zoning district is located within or outside the city limits.

3. No adult entertainment facility shall be located closer than five hundred feet to any of the following uses whether or not such use is located within or outside the city limits:

a. Any public park;

b. Any public library;

c. Any public or private nursery school or preschool;

d. Any public or private primary or secondary school;

e. Any day care;

f. Any community youth center; and

g. Any place of worship.

C. Measurement. The five-hundred-foot buffers required by this section shall be measured by extending a straight line from the nearest point on the property line of the lot containing the proposed adult entertainment facility to:

1. The nearest point on the boundary line of a residential zoning district;

2. The nearest point on the property line of a public park; or

3. The nearest point on the property line of the lot containing an adult entertainment facility, a public library, public or private nursery school or preschool, public or private primary or secondary school, day care, community youth center, or place of worship.

D. Variances. Whenever the applicant for an adult entertainment facility believes that the separation requirements set forth in this section are not necessary to achieve an effective degree of physical separation between the proposed adult entertainment facility and the zoning districts and uses identified in subsection (B)(3) of this section, the applicant shall have the right to apply for a variance from the separation requirements subject to the procedures set forth in Chapter 17.38 (Variances) and upon payment of the applicable fee for a variance application. In determining whether a variance should be granted, the city council shall consider the following criteria in addition to the variance criteria set forth in Chapter 17.38 (Variances):

1. The extent to which physical features would result in an effective separation between the proposed adult entertainment facility and any zoning districts or uses identified in subsection (B)(3) of this section in terms of visibility and access;

2. The extent to which the proposed adult entertainment facility complies with the goals and policies of the Brewster Municipal Code;

3. The extent to which the proposed adult entertainment facility is compatible with adjacent and surrounding land uses;

4. The availability or lack of alternative locations for the proposed adult entertainment facility;

5. The extent to which the proposed adult entertainment facility can be avoided by alternative vehicular and pedestrian routes; and

6. The extent to which the applicant can minimize the adverse secondary effects associated with the proposed adult entertainment facility.

If, after considering these criteria and the variance criteria set forth in Chapter 17.38 (Variances), the city council finds that an effective degree of physical separation between the proposed adult entertainment facility and the zoning districts and uses identified in subsection (B)(3) of this section can be achieved without requiring the full distance of separation provided by this section, the city council shall determine the degree of variance to be allowed and shall grant the variance. Otherwise, the variance application shall be denied.

E. Nonconforming Adult Entertainment Facilities. An adult entertainment facility shall be deemed a nonconforming use and shall be subject to the requirements of Chapter 17.36 (Nonconforming Uses and Structures) if a zoning district or use identified in subsection (B)(3) of this section locates within five hundred feet of such adult entertainment facility after the date that such adult entertainment facility has located within the city in accordance with the requirements of this section. (Ord. 697 § 5, 2000)