Chapter 17.50 MISCELLANEOUS PROVISIONS

The regulations contained in this chapter are intended to provide for the control of certain special uses, structures, forms of development and lands. Specifically included are regulations pertaining to yards, buildings, waterfronts, home occupations, animals, temporary uses, public uses, landscaping, decoration, accessory structures, fences, loading, airports, accessory dwelling units and miscellaneous provisions. Where not specified, these regulations shall affect all zoning districts. (Ord. 837 § 1 (part), 2008: Ord. 136 § 6.01, 1974)

17.50.020 Temporary amusement and public assembly.

A. Amusements, entertainment and similar temporary activities involving a gathering of people outside of a building, on private property, shall comply with the regulations of this section.

B. Carnivals, circuses, amusement rides, revival tents or any similar amusement, entertainment, public assembly or activity which does not involve attendance for more than sixteen hours in any twenty-four-hour period may be permitted in the “B” districts subject to obtaining a permit from the city council. Such permit shall be for a maximum period of thirty days and shall be issued if evidence indicates that:

1. There will be no serious interference with the activities of nearby residents, if any.

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

3. Sound and lighting will not be a nuisance to neighboring residents.

4. There will be adequate provisions for water supply and sanitary facilities.

(Ord. 837 § 1 (part), 2008: Ord. 136 § 6.02, 1974)

17.50.030 Home occupation.

Home occupations, including but not limited to sewing, music studio, art studio, home and health care product distributor, bookkeeping, fishing equipment storage and repair, rooming and board of not more than two persons, family home child care, etc., shall be subject to the following conditions:

A. The operation shall be conducted entirely within the confines of the operator’s residence or private garages. The only permitted outside activity related to a home occupation shall be children’s play space at a day care facility.

B. The operation shall regularly employ, at the residence, only individuals of the immediate family who reside within the residence.

C. Only retail sales of a nature secondary to the home occupation shall be permitted on the premises.

D. The area of use will not exceed thirty percent of the gross floor area of main building, exclusive of porches, decks, balconies and garages, or five hundred square feet, whichever is lesser.

E. No external or internal alteration of the building will be permitted which affects the character of the building as a dwelling.

F. No use shall require or involve the use of electrical or mechanical equipment that would change the fire rating of the structure.

G. There shall be no outside storage of any kind related to the home occupation.

H. There shall be no display or advertisement of product or products which is visible from the outside.

I. The use may increase vehicular traffic flow and parking by no more than two additional vehicles at a time. All parking shall be on the property of the home occupation.

J. No heavy equipment, such as, but not limited to, trucks over twelve thousand pounds gross vehicle weight, bulldozers, heavy equipment trailers, graders and backhoes shall be parked on the lot of the home occupation or any other residential lot except during construction or grading activity.

K. No use shall create noise, dust, vibration, smell, smoke, glare, electrical interference, fire hazards, or any other hazard or nuisance to any greater or more frequent extent than that usually experienced in an average residential occupancy in the district in question, under normal circumstances wherein no home occupation exists.

L. Rooming and boarding as a home occupation must be conducted in accordance with the provisions of Section 17.50.055, Transient rentals.

M. Child daycare as a home occupation shall be limited to and in compliance with the requirements for family home child care as licensed by the state.

N. The home occupation must hold a business license issued under Chapter 5.02.

(Ord. 1065 § 1, 2020; Ord. 837 § 1 (part), 2008: Ord. 361 § 2, 1983: Ord. 318 § 1(F), 1981; Ord. 136 § 6.03, 1974)

17.50.040 Public and semi-public uses.

A. The following are conditional uses in any district: parks; playgrounds; cemeteries; golf courses; public and private schools; churches; community centers; child care centers; fire stations; country clubs; utility substations; hospitals; clinics; transmission lines; treatment plants; airports; public offices; and similar public and semi-public uses.

B. In the business districts the following uses are permitted uses: libraries, police and fire stations, hospitals, clinics, public parking facilities and public offices.

(Ord. 837 § 1 (part), 2008: Ord. 780 § 1, 2004: Ord. 759 § 16, 2003: Ord. 136 § 6.04, 1974)

17.50.050 Resource extraction.

A. A conditional use permit shall be required for the removal of topsoil, sand, gravel or natural deposits below eighteen inches above the centerline of the adjacent road. Application for a conditional use permit shall include a map showing existing topography, access roads, property lines, an excavation or extraction plan, a restoration plan and final grading.

B. The application must contain sufficient evidence that the following criteria will be met before a conditional use permit for resource extraction may be granted:

1. There shall be a restoration plan which will return the site to as nearly its origi-

nal contour, grade and vegetation as possible.

2. The operation will cause no nuisance or pollution.

3. There will be no damage to nearby public or private property and facilities.

4. A performance bond or insurance may be required as a condition to granting the conditional use permit covering resource extraction.

(Ord. 837 § 1 (part), 2008: Ord. 136 § 6.05, 1974)

17.50.055 Transient rentals.

A. Purpose. The purpose of the ordinance codified in this section by petition or initiative is to protect the character of the city’s residential neighborhoods by prohibiting transient rental of dwellings and recreational vehicles therein. Use of dwellings for transient rental purposes has unmitigatable adverse impacts on surrounding residential uses and properties and is therefore prohibited except as provided for in these zoning regulations. It is found and determined that transient rental of dwellings has been permitted in the past and that the lawful use of property pursuant to the former Ocean Shores Municipal Code Sections 17.50.055, 17.16.050 and Ocean Shores Ordinances 419 (1986) and 518 (1991) may continue for a specified period subject to certain conditions contained in this section. These conditions include an amortization period of five years and the provision for individualized determinations that lawful investments specifically committed to transient occupancy have been made and may warrant a longer amortization period.

B. Prohibition of Transient Rental with Exceptions. No owner, person or entity shall occupy, use, operate, rent or lease nor offer or negotiate to use, lease or rent a dwelling in the R-1, R-2, R-3, R-4, R-5, R-6A, R-6B, R-6C, R-7, R-8 and R-9 zones for transient rental except: a dwelling holding a lawful conditional use permit for transient rental on the effective date of the ordinance codified in this section and which complies with the requirements of subsection (C) of this section.

C. Requirements for Continued Transient Rental.

1. No owner, person or entity shall rent, lease, operate, manage or maintain a dwelling in the R-1, R-2, R-3, R-4, R-5, R-6A, R-6B, R-6C, R-7, R-8 and R-9 zones for transient rental after the effective date of the ordinance codified in this section unless the dwelling had a valid and lawful transient rental conditional use permit on the effective date of said ordinance and meeting the following requirements:

a. Any person or entity who rented or leased a dwelling unit for transient rental by virtue of a conditional use permit issued pursuant to former Ocean Shores Municipal Code Sections 17.50.055 and 17.16.050 and Ocean Shores Ordinances 419 (1986) and 518 (1991) during the period between January 1, 1989, and the effective date of the ordinance codified in this section or who otherwise claims a nonconforming use status for transient rental must establish the nonconforming use status of their transient rental activity by filing a claim for nonconforming use status with the city planner or in his or her absence the public works director or designee within ninety days of the effective date of said ordinance.

b. Upon timely receipt of any such claim the Ocean Shores hearing examiner shall conduct a hearing, pursuant to Chapter 17.61, and determine whether grounds for the issuance of a nonconforming use permit have been proved by a preponderance of the evidence. Proceedings and appeal rights shall be as provided in Chapter 17.61 as amended.

2. Any transient rental nonconforming use permit issued pursuant to subsections (C)(1)(a) and (b) of this section shall have conditions no less stringent than the conditions under which the predecessor conditional use permit was issued and shall have a term ending five years from the effective date of the ordinance codified in this section and all transient rental of the dwelling shall be prohibited from and after the expiration of the five years unless hardship relief has been granted pursuant to subsection (C)(3) of this section.

3. A hardship provision is established for property owners who can prove that an investment made exclusively for the purpose and use of the dwelling as a transient rental can not be reasonably amortized and recovered over the five years allowed in subsection (C)(2) of this section. An application for hardship relief can only be made within the time and in the manner permitted for an application for a nonconforming use permit and shall be heard in conjunction with the hearing on the nonconforming use permit under the same conditions, requirements and appeal rights as specified for the nonconforming use permit. The hearing examiner shall determine, based upon a preponderance of evidence presented of generally accepted accounting principles and other substantial evidence, whether an extension of the term of the nonconforming use permit is needed to permit a reasonable amortization and recovery of investments proved to have been made exclusively for the purpose and use of the dwelling as a transient rental, and the term of any extension needed to accomplish a reasonable amortization and recovery of the investment.

4. Any nonconforming use permit may be suspended temporarily or revoked upon findings by the hearing examiner, after a hearing and subject to appeal as any other ruling of the hearing examiner, that the subject property has become a nuisance to its neighbors, engenders an unreasonable amount of law enforcement activity, violates one or more of the conditions of its issuance, violates any one or more of the provisions of the zoning code or any one or more of the foregoing.

D. Any violation of the provisions of this transient rental section shall be enforced by the public works director or designee in the manner specified in Chapter 17.62; provided, that the penalty shall not be less than one hundred dollars plus fifty dollars per day of occupancy in violation of this section.

(Ord. 940 § 2 (part), 2014; Ord. 858 § 1 (part), 2009; Ord. 837 § 1 (part), 2008: Ord. 611, 1997; Ord. 555 §§ 5(A), (B) and (C), 1993)

17.50.060 Plot plan review.

Prior to the issuance of a building permit for any residential, commercial, industrial, public or semi-public building or use, a plan showing the location of any existing and proposed buildings and the layout, dimension and number of parking spaces shall be submitted to and must be approved by the city planner or in his or her absence the public works director or his designee before a permit may be issued. (Ord. 858 § 1 (part), 2009: Ord. 837 § 1 (part), 2008: Ord. 611, 1997; Ord. 136 § 6.06, 1974)

17.50.070 Animals.

No animals, livestock or poultry of any kind shall be raised, bred or kept within the corporate limits of the city, except dogs, cats, or other household pets may be kept, provided they are not kept, bred or maintained for any commercial purpose. (Ord. 837 § 1 (part), 2008: Ord. 343 § 2, 1982: Ord. 136 § 6.07, 1974)

17.50.090 Installation and maintenance of signs.

The installation and/or maintenance of signs in all districts shall be controlled by the provisions of Chapter 15.34. (Ord. 837 § 1 (part), 2008: Ord. 318 § 1(G), 1981)

17.50.100 Clearing and grading.

A. Clearing of vegetation and grading or re-grading of the land surface shall not be allowed except when conducted pursuant to, and in conformance with, a clearing and grading permit issued by the city.

B. Landscaping of All Residential Zones. The plan shall provide assurance that the following requirements are met:

1. Noxious weeds as defined by Grays Harbor County Extension of the Land Conservation Assistance Network shall be removed. The portion of the property not occupied by structures shall be left in its natural state or shall be aesthetically treated with plants, shrubs, trees or other forms of landscape materials.

2. The plantings used will be those native to the area or those which are suited to survival in the climate and soil conditions of Ocean Shores.

3. Post-dwelling construction, or prior to issuance of a camping permit, that portion of the property not occupied by structures shall have, at a minimum, ground cover adequate to control soil erosion and prevent the soil or sand from blowing or washing onto other properties or streets.

4. During the lot clearing and dwelling construction, or camping lot development phases of development, the plan shall include management measures to prevent erosion. On all areas of the site where soil is exposed, treat with appropriate temporary measures based on season and site conditions.

5. Retained existing vegetation may be used to meet all or portions of the landscaping requirements. The retention of vegetation that promotes or preserves continuous overstory canopies, wildlife corridors and/or native vegetation adjacent to critical area buffers is especially encouraged.

6. Significant trees, which shall mean existing conifer species trees over eight inches in caliper as measured four feet above the tree/root flare, shall be retained as follows:

a. All significant trees located within areas designated for retention in a natural state which are not dead, dying, diseased, and do not pose a significant safety hazard shall be retained per subsection (B)(6)(b) of this section.

b. At least one, or ten percent by number, of the significant trees on the subject property shall be retained.

i. The city may approve modifications or require minor site plan alterations to achieve tree retention in compliance with this requirement.

ii. Where the location of the existing significant trees interferes with reasonable placement of the primary use structure, a landscaping plan may provide for the retention of fewer significant trees than required by this section. Trees to be removed must be replaced at a ratio of two to one, to maintain the minimum ten percent.

iii. Each replacement tree will be at least four feet tall measured from the root/tree flair.

7. Grading plans shall assure that the productive character of the soil is protected or restored on all areas of the site not occupied by buildings.

a. Where significant trees are to be retained, an area equal to the drip line of the tree plus three feet shall be preserved around the tree at original grade, or the landscaping plan shall include provisions to otherwise properly protect the tree.

b. Areas adjacent to retained natural areas shall either have a graded transition or structural means to assure adequate retention of soil to support the natural vegetation.

C. The following shall apply for clearing and grading permits issued based upon construction of a primary structure, or lot preparation for camping:

1. Upon completion of construction, or lot preparation for camping, the owner may apply for a certificate of occupancy, or a camping permit, that will only be issued if the planning department certifies that all post-construction or camping lot landscaping has been accomplished in accordance with the approved clearing and grading permit, to include any necessary tree replacement.

a. If, for any reason, the owner is not able to complete all post-construction landscaping in accordance with the approved clearing and grading permit, to include any necessary tree replacement, and desires a certificate of occupancy, or camping permit, the owner may provide a two-year, ten-thousand-dollar performance bond related to the required landscaping. Upon receipt of said bond, the city shall issue a certificate of occupancy or camping permit.

b. If, at any time in the two-year bond period, landscaping requirements in accordance with the approved clearing and grading permit, including any necessary tree replacement have been met, the owner may request release from the bond, which shall be granted by the city only after an inspection and approval by the planning department. Upon meeting all required criteria, the city shall take steps necessary to release the bond.

c. If one year after the issuance of the occupancy permit all post-construction landscaping has not been completed in accordance with the approved clearing and grading permit, to include any necessary tree replacement, the city shall notify the owner he has one additional year to complete stated landscaping requirements.

d. If two years after the issuance of the occupancy permit all post-construction landscaping has not been completed in accordance with the approved clearing and grading permit, to include any necessary tree replacement, the city shall call the bond and contract for completion of the landscaping requirements of the original clearing and grading permit.

2. At the time of clearing/grading permit application, a plan for landscaping shall be submitted to the city that clearly indicates the applicant’s plan for meeting the landscaping and erosion prevention requirements of this section.

a. The plan shall be to scale.

b. The plan shall indicate the location of all structures, outbuildings, decks, gazebos, driveways, etc., and the location of all existing significant trees.

c. If a portion of the property is to be left in its natural state and that natural state is left undisturbed that shall be noted on the plan.

d. The planning department shall identify all significant trees pursuant to the pre-clearing site inspection. Pursuant to the post-clearing inspection the planning department shall verify the post-clearing count and identify the quantity of trees required to satisfy the retention requirements.

3. The planning department will search historical records to ensure future lot clearing and grading permits follow the city’s intent of preserving significant trees.

4. The clearing and grading permit shall be issued only upon approval of the properly completed landscaping plan. The approved plan packet indicates the city’s acceptance of and provides an historical record which will facilitate accurate reassessment of future lot clearing and grading requests.

D. Landscaping of Commercial and Other Sites and Uses. The plan shall provide assurance that the following requirements are met:

1. All new developments with parking lots holding fifteen cars or more shall provide landscaping of seven percent of the gross area designated for parking in the form of strips bordering the parking lot along adjacent properties or streets and/or islands or strips separating the tiers of parking spaces as appropriate to design and layout of the parking area. The plantings used will be those native to the area or those which are suited to survival in the climate and soil conditions of Ocean Shores.

2. Any portion of a property not proposed to be occupied by structures or pavement shall have, at a minimum, ground cover adequate to control soil erosion and prevent the sand from blowing or washing onto other properties or streets. The plan shall include management measures to prevent erosion on all areas of the site where soil is exposed during construction or grading with appropriate temporary means based on seasonal and site character considerations.

3. Any portion of the property not occupied by structures shall be left in its natural state or shall be aesthetically treated with plants, shrubs, trees or other forms of landscape materials.

E. All landscaped areas, including residential and nonresidential, shall be continuously maintained and kept free of litter, noxious weeds and other hazards. Additional landscaping is permitted.

(Ord. 1111 § 1, 2024; Ord. 837 § 1 (part), 2008: Ord. 136 § 6.10, 1974)

17.50.110 Accessory structure standards.

A. Accessory structures other than fences, walls and hedges, which are subject to Sections 17.50.120 and 17.50.130, are permitted on any lot only when there already exists on such lot a principal structure as defined by Section 17.04.441; provided, that temporary accessory structures are permitted when a building permit has been issued for a principal structure, but only for so long as such permit is in effect.

B. All accessory structures, other than temporary accessory structures as permitted elsewhere in this section, shall comply with any and all applicable construction codes.

C. Temporary accessory structures as provided for in subsection (A) of this section may only be used for storing tools, covering equipment and materials and uses directly incidental to the construction of the principal structure.

D. Accessory structures shall be no closer than five feet to the side or rear property lines.

(Ord. 837 § 1 (part), 2008: Ord. 263 § 1, 1978; Ord. 255 § 3, 1978: Ord. 136 § 6.11, 1974)

17.50.115 Nonaccessory structures – Standards and application procedure.

Owners of undeveloped real property as defined in Section 17.04.371 may erect one shed-type structure, one gazebo, and a fence on a vacant lot. Said nonaccessory structure may be erected pursuant to the following conditions:

A. The property owner shall complete a city of Ocean Shores nonaccessory structure application, which application shall include:

1. A completed nonaccessory building permit application with applicable fee as set by resolution; and

2. A proposed site plan; and

3. Drawings and/or photographs of the proposed shed-type structure and fence, including dimensions; and

B. Nonaccessory sheds may not exceed one hundred twenty square feet in area, and twelve feet in height; and

C. Nonaccessory gazebos may not exceed two hundred square feet in area, and fifteen feet in height; and

D. Nonaccessory sheds may have a permanent foundation which must be securely anchored in a tie-down fashion; and

E. The exterior wall surface of nonaccessory sheds shall be constructed of wood, vinyl, and/or resin; and

F. Nonaccessory sheds may not use electrical or plumbing fixtures and/or equipment, and may not hook up to electricity or plumbing; and

G. The roofs of all nonaccessory structures shall be constructed of metal, wood, or composition; and

H. Regardless of the actual zoning designation of the undeveloped real property, nonaccessory structures shall be subject to and conform with R-1 setbacks for accessory structures; five feet from side and rear property lines; and, if applicable, waterfront setbacks.

I. Nonaccessory structures must comply with all federal, state, and local laws and regulations; and

J. Owners of undeveloped real property upon which a nonpermitted nonaccessory structure exists shall make application as provided in subsection (A) of this section; and

K. Violation of any of the provisions of this section shall result in summary abatement of any and all such structures. In the event an abatement by the city occurs, the property owner shall be held responsible for all costs of abatement.

(Ord. 1106 § 2, 2023; Ord. 1017 § 2, 2018; Ord. 837 § 1 (part), 2008: Ord. 710 § 1, 2001; Ord. 692 § 2, 2000)

17.50.120 Fences, walls and vegetation.

A. In all districts, no fence, wall or vegetation, when used for screening, may exceed six feet in height with the following exceptions:

1. Fences, walls or hedges may exceed six feet when not built or placed on a required yard.

2. In the residential districts the planning director or in his absence the city manager or his designee may approve fences, walls or hedges higher than six feet within a required interior side yard or required rear yard, where the adjacent property is at a higher elevation and such extra fence height is necessary to obtain privacy.

3. Limitations on height shall not be deemed to prohibit safety or security fences of any height necessary for public playgrounds, public utilities, industries and other public installations.

B. No fence, wall or hedge shall contain barbed wire, electrical current or charge of electricity, broken glass or similar hazardous materials or devices except where livestock is to be contained by barbed or electrically charged wire, in which case the fence shall be located not closer than five feet from the property line. When an adjacent existing fence, wall or hedge on a property line dividing properties under separate ownerships establishes a barrier then such barbed wire fences may be placed on the property line with the mutual consent of the property owners. Fences enclosing storage areas in industrial districts may use barbed wire so long as such wire is located not less than six feet above grade.

C. The city planner may require redesign or relocation of a fence, wall or hedge if such is deemed to create a traffic hazard, even if such fence, wall or hedge does conform to other regulations.

(Ord. 837 § 1 (part), 2008: Ord. 611, 1997; Ord. 136 § 6.12, 1974)

17.50.130 Visibility at intersection in residential districts.

On any corner lot on any intersection where any of the corner lots of such intersection are in a residential district, nothing shall be erected, placed, planted or let to grow between two and one-half feet to ten feet above the centerline grade so as to materially prevent a motorist, whose head is located at a distance of sixty-five feet from the intersecting centerline, from seeing down the intersecting street in either direction for a distance of ninety feet from the centerline intersection. In a case where the street centerlines intersect at less than a ninety-degree angle then the sight distance shall be ninety feet plus one and one-half feet for every degree less than ninety degrees. (Ord. 837 § 1 (part), 2008: Ord. 136 § 6.13, 1974)

17.50.140 Off-street loading.

Sufficient off-street loading facilities will be provided at the time of construction or structural alteration of any business so as not to utilize any public right-of-way for loading or unloading purposes. (Ord. 837 § 1 (part), 2008: Ord. 136 § 6.14, 1974)

17.50.150 Erection of more than one principal structure on a lot.

With the exception of parcels zoned R-1, single-family residential, more than one structure housing a permitted or permissible principal use may be erected on a single lot; provided, that yard and area requirements shall be met for each structure and the total of all structures as though the structure(s) were on an individual lot. (Ord. 837 § 1 (part), 2008: Ord. 343 § 3, 1982: Ord. 136 § 6.15, 1974)

17.50.160 Structures to have access.

Every building hereafter erected or moved shall be on a lot adjacent to a public street, or with access by private street, and all structures shall be so located on lots so as to provide safe and convenient access for servicing, fire protection and required off-street parking. (Ord. 837 § 1 (part), 2008: Ord. 136 § 6.16, 1974)

17.50.170 Exceptions to height regulations.

The height limitations do not apply to spires, belfries, cupolas, antennas, water tanks, ventilators, chimneys or other appurtenances usually required to be placed above the roof level and not intended for human occupancy. (Ord. 837 § 1 (part), 2008: Ord. 136 § 6.17, 1974)

17.50.180 Habitation of temporary structures.

No structure of a temporary character, basement, tent, shack, garage, barn or any other outbuilding shall be used on any lot at any time as a permanent or seasonal residence except as provided for in Chapter 17.46 and Section 17.50.200. (Ord. 837 § 1 (part), 2008: Ord. 136 § 6.18, 1974)

17.50.190 Special lot size provisions.

For townhouses or row houses the minimum lot size and width requirements may be reduced subject to obtaining a conditional use permit or by a planned development, whichever is required by the zoning district. Lots shall include the land area within the exterior walls of the dwelling and may include additional open area. Lots shall have twenty feet of frontage on a public street or the intervening area between the lot and the street shall be in common ownership. The total area of all lots and contiguous areas in common ownership shall not be less than the total area which would have been used by standard development. The provisions of this section shall only apply where the total area of all lots and contiguous areas in common ownership is less than one acre. Townhouses or row house developments shall comply with the requirements of the subdivision ordinance codified in Title 16 of this code. (Ord. 837 § 1 (part), 2008: Ord. 136 § 6.20, 1974)

17.50.200 Recreational vehicles—Definitions—Placement—Penalties.

A. For the uses and purposes herein, a recreational vehicle is defined in Section 17.04.475.

B. Outdoor storage of recreational vehicles in association with a residential use is only allowed as provided herein; any other placement is declared to be a nuisance subject to abatement as provided by law.

1. Recreational vehicles must be at least ten feet from any property line adjacent to any street, public or otherwise, and may be stored only on property which has a permanent building thereon.

2. They may not be placed on any required yard; provided, however, that the hearing examiner shall be empowered to make exceptions when it appears:

a. That the lot owner has no other location on his lot to place his vehicle;

b. The lot owner is not attempting to place more than one such vehicle on his premises; and

c. A safety hazard would not result from the exception being made.

3. No recreational vehicles stored pursuant to this section may be used for permanent or seasonal living, sleeping or housekeeping purposes. Use of recreational vehicles for camping or temporary housing is allowed only in conformance with Chapter 15.12.

4. The recreational vehicle must be owned by and registered to a resident of the property on which it is stored.

C. Any violation of this section is declared to be a civil infraction. Each day the violation continues is a separate infraction.

D. The above provisions do not apply to a legally established storage business located in an appropriate zone for such use or otherwise lawfully existing.

(Ord. 837 § 1 (part), 2008: Ord. 714 § 15, 2001; Ord. 691 § 3, 2000; Ord. 149 §§ 1—3, 1974: Ord. 136 § 6.19, 1974)

17.50.210 Architectural features.

A. No building or combination of buildings shall occupy more than forty percent of total lot area including nonpermitted structures.

B. All lots shall be seven thousand two hundred square feet minimum except lots as platted on date of adoption of the ordinance codified in this chapter.

C. Provisions for off-street parking in all use districts shall be mandatory.

D. This subsection (D) shall not apply to dwellings described under Section 17.04.160 (Dwelling, multiple), Section 17.04.170 (Dwelling, two-family) and to row houses and other common wall residential developments where the underlying land is subdivided to allow ownership of the individual lot and home. In addition, no dwelling shall be permitted on any lot wherein the main floor area of the main structure, exclusive of open porches and garages, shall be less than the minimum floor space shown in the following schedule:

Division Number	Minimum in Square Feet
1, 2, 3, 4, 5, 5A, 6, 7, 8, 9	650
10, 11	800
12	650—excluding trailers and mobile homes.
14, 15, 16, 17, 21	800—on waterfront lots.
14, 15, 16, 17, 21	650—all other lots.
17A, 18, 19, 19A, 20, 22, 23, 24, 24A	1,000—on waterfront lots.
17A, 18, 19, 19A, 20, 22, 23, 24, 24A	800—all other lots.

E. A more than one-story dwelling shall have a minimum main floor area of the main structure, exclusive of open porches and garages, as shown in the above schedule and in addition shall have at least a combined total floor area, exclusive of open porches and garages, of one thousand square feet.

F. Chimneys, cornices, canopies and eaves or similar architectural features and fire escapes, outside stairways, and decks may project into any required yard only to the extent permitted by the building code.

G. Eaves and gable ends must be a minimum of twelve inches. An eave is the distance between the structure side wall to the fascia, not including the gutter. This is applicable to reroofing or additions to existing structures unless the existing structure already has gables under twelve inches, in which case, the addition should match the existing architecture. Sheds, gazebos and greenhouses are exempt from this requirement.

H. Roofing materials shall be wood shingle or shake, composition, asphalt laminate, clay, or architectural metal.

1. Membrane roofs comprised of torch down, polyvinyl chloride or hot tar as a primary roofing material in residential buildings are permitted provided the exposed facade is screened from street-level view.

2. Exposed fastener corrugated metal or corrugated fiberglass roofing is not permitted.

I. Architectural elevations must meet the following:

1. The same architectural elevation shall be separated by a minimum of two other homes. Reversing/mirroring home does not change the architectural elevation.

2. An articulation is an architectural element such as a one-story porch or bay window. One such element shall be used on sides of the building that face toward a public street, shared access easement, or common green. The articulation shall be offset a minimum of twelve inches. A garage setback does not count as an articulation.

3. Both attached and detached garages must be in keeping with the home’s architectural design and finishes.

J. Exterior finishes must meet the following:

1. Wood, or wood-style, insulated lap, or other nonmetallic-appearing siding is required on primary structures, outbuildings, and accessory structures; and

a. The exterior of the home must be finished with a minimum of two types of materials or variation in reveals. Window and door trim count as a second reveal; architectural metal siding is allowed as an accent only and not the primary siding material.

b. Exposed fastener metal siding is prohibited on residential buildings.

c. Exposed ends of stone and masonry facades must be finished with trim or end caps.

d. All garage sides that are visible from streets or shared access easements shall provide architectural details and trim consistent with the design of the home.

e. Attached garages or attached carports which provide a third bay or more of covered or enclosed space must be offset a minimum of two feet from the first two covered or enclosed spaces.

K. Porches, decks, and patios must meet the following requirements:

1. Architecture of the primary pedestrian landing must include a covered area of at least thirty square feet. Eave overhang alone does not constitute cover.

2. Steps used to access front porches or stoops must be coordinated to the primary structure through the use of coordinating materials or architectural elements.

L. All exterior stairs must have closed-face risers.

M. Unpermitted accessory structures are limited to three per house. No building or combination of buildings permitted or otherwise shall exceed forty percent of the lot area as specified per this section.

N. All mechanical equipment, including public utilities, must be screened so as not to be visible from the street, shared access easement, and common green spaces. Screening can be accomplished by fencing, architectural screening, or evergreen landscape material. Equipment to be screened includes, but is not limited to, heating and air conditioning units, venting associated with commercial grade cooking facilities, and any mechanical equipment associated with pools or hot tubs, propane tanks and sewer vent pipes. Meters requiring routine visual access do not need to be screened.

O. Homes must meet the following lighting requirements:

1. All front entryways shall have an exterior light.

2. In multifamily housing projects exterior lighting must be installed with a timer or sensors so that it operates automatically regardless of occupancy.

3. Light that trespasses beyond the lot boundary and illuminates neighboring windows is not permitted.

P. No portable storage tents, temporary canopies or other similar structures may be located within the front yard; provided, however, that portable canopies or tent structures may be used during events or yard sales but must be removed within seventy-two hours of the sale or other event.

(Ord. 1085 § 3, 2022; Ord. 837 § 1 (part), 2008: Ord. 136 § 6.21, 1974)

17.50.220 Airports and heliports.

Airports and heliports shall require conditional use permits to locate anywhere in the city unless established by a plat or replat. At the time of application for a permit, the city council shall promulgate rules, by ordinance, to cover the height and type of buildings which may be built around the airport or heliport. Such rules shall define the distance and area around the airport or heliport which is subject to the rules, and further, the rules will specify the allowable uses of land as well as building height and type. When adopted, such rules will be incorporated into, and shall be considered a part of, this title. (Ord. 837 § 1 (part), 2008: Ord. 136 § 6.22, 1974)

17.50.250 Accessory dwelling units.

Accessory dwelling units (ADU) are permitted in association with a single-family residence in all residential districts subject to the following requirements:

A. One ADU shall be allowed per residential lot in conjunction with any detached single-family structure.

B. The ADU shall be permitted as a second dwelling unit added to, created within, or detached from the original dwelling. The ADU shall be designed, oriented and constructed in a way that maintains, to the extent practical, the appearance of the primary structure as a single-family residence and the privacy of residents in adjoining dwellings. If located in an accessory structure, the accessory structure must comply with the requirements of Section 17.50.110.

C. The ADU shall have a gross floor area of no more than eight hundred square feet, and no more than the forty percent of the gross floor area of the primary residence whichever is less.

No more than one family shall be allowed to occupy an ADU. Occupancy of the accessory unit is limited to family members related by blood, marriage, or adoption to the occupant of the single-family residence that is the primary unit or persons providing nursing or in-home care to the occupant of the single-family residence that is the primary unit, in exchange for lodging.

(Ord. 837 § 1 (part), 2008)