Chapter 17.36 GENERAL PROVISIONS AND SPECIAL CONDITIONS

The specific regulations in this chapter are intended to provide for the location and control of certain special and accessory uses and to provide supplementary regulations pertaining to yards, buildings, parking and nonconforming uses which apply to several districts or uses. (Ord. 1146 § 2, 1998)

17.36.020 Special use regulations.

The following regulations shall apply in all districts. Where the provisions of this chapter conflict with the provisions of any district, the provisions of this chapter shall apply. (Ord. 1146 § 2, 1998)

17.36.030 Temporary amusements and public assembly.

(1) 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:

(A) Carnivals, circuses, amusement rides, revival tents or any similar amusement, entertainment, public assembly or activity which does not involve attendance for more than 16 hours in any 24-hour period may be permitted in the MUTC and MI districts subject to obtaining a permit from the city council. Such permit shall be for a maximum period of 30 days and shall only be issued if evidence indicates that:

(i) There will be no serious interference with the activities of nearby residents, if any;

(ii) 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;

(iii) Sound and lighting will not be a nuisance to neighboring residents;

(iv) There will be adequate provisions for water supply and sanitary facilities.

(2) 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. 1146 § 2, 1998)

17.36.040 Home occupations.

Home occupations including but not limited to sewing, music studios, art studio, home and health care product distributor, bookkeeping, rooming and boarding of not more than two persons, etc., shall be subject to the following conditions:

(1) The operation shall be within the confines of the operator’s residence, garage, or accessory buildings, provided there shall be no storage within the residence;

(2) Storage in an attached garage, accessory building or outdoors shall be permitted; provided, that outdoor storage is not located in the front yard;

(3) Not more than one sign, which may be indirectly lighted, not to exceed six square feet in area and not closer than 10 feet to the front property line;

(4) No display of products, or sales, on the premises;

(5) No employees other than members of the resident family. (Ord. 1146 § 2, 1998)

17.36.050 Public and semi-public uses.

(1) In all R and TC and MUTC districts the following public and semi-public uses are permitted:

(A) Parks, playgrounds, watersheds, cemeteries, golf courses;

(B) Public, private and parochial schools, churches, community centers, fire stations, country clubs, utility substations, and hospitals provided:

(i) Such uses are located on a state highway or major or secondary arterial street designated on the city’s comprehensive plan;

(ii) Structures may be erected to a height not exceeding 50 feet;

(iii) The front, side and rear yard setbacks shall be one foot for each foot of building height; and

(iv) A solid six-foot high fence shall be required around any above grade substation and a five-foot-wide landscaped area in front of such fence shall be provided adjacent to any street. Such fences shall also comply with the requirements of WMC 17.36.170.

(2) In the commercial district the following public and semi-public uses shall be permitted: libraries; police and fire stations; hospitals; transmission lines; utility substations; public offices; outdoor storage of supplies and equipment; treatment plants; airports. (Ord. 1146 § 2, 1998)

17.36.060 Temporary homeless encampments.

(1) Regulations Established. Regulations concerning the establishment and processing of applications for temporary homeless encampments in the city are hereby established. Temporary homeless encampments are only permitted to be located on property owned or controlled by a religious organization recognized by the Internal Revenue Service as exempt from federal income taxes subject to a temporary use permit. Establishing such facilities contrary to the provisions of this chapter is prohibited. With the exception of temporary use permits for homeless encampment facilities that are in full compliance with this chapter, applications for temporary use permits, land use approvals, or any other permit or approval, in any way associated with temporary homeless encampment facilities, shall not be accepted, processed, issued, granted, or approved.

(A) If a temporary homeless encampment is established in violation of this chapter or if, after temporary use permit is issued for the same, the director determines that the permit holder has violated this chapter or any condition of the permit, the temporary homeless encampment, its sponsor and managing agency shall be subject to code enforcement in accordance with WMC 17.56.070 and all activities associated with the temporary homeless encampment shall cease, and the site shall be vacated and restored to its pre-encampment conditions.

(2) The following definitions apply to temporary homeless encampments:

(A) “Temporary homeless encampment” means a short-term (90 days or less) residence facility for a group of people that is composed of tents or other temporary structures on a site owned or controlled by a sponsor with services provided by a sponsor and supervised by a managing agency.

(B) “Managing agency” means an organization identified as the manager of a temporary homeless encampment that has the capacity to organize and manage a temporary homeless encampment. A “managing agency” may be the same entity as the sponsor.

(C) “Sponsor” means an organization that is recognized by the Internal Revenue Service as exempt from federal income taxes as a religious organization.

(D) “Host” has the same meaning as “sponsor.”

(E) “Director” means mayor or designee by the mayor.

(3) Requirements. The following requirements shall apply to all temporary homeless encampments approved under this chapter, unless modified by the director through approval of a temporary use permit:

(A) The encampment shall be located a minimum of 20 feet from the property line of abutting properties containing commercial, industrial, professional office, and multifamily residential uses. The encampment shall be located a minimum of 40 feet from the property line of abutting properties containing single-family residential or public recreational uses, unless the director finds that a reduced buffer width will provide adequate separation between the encampment and adjoining uses, due to changes in elevation, intervening buildings or other physical characteristics of the site of the encampment.

(B) No encampment shall be located within a critical area or its buffer as defined by Chapter 17.32 WMC.

(C) A six-foot-tall sight-obscuring fencing is required around the perimeter of the encampment; provided, that the fencing does not create a sight obstruction at the street or street intersections or curbs as determined by the city building official, unless the director determines that there is sufficient vegetation, topographic variation, or other site condition such that fencing would not be needed.

(D) Exterior lighting must be directed downward and glare contained within the temporary homeless encampment.

(E) The maximum number of residents at a temporary homeless encampment site shall be determined by the director taking into consideration site conditions, but in no case shall the number be greater than 100 people.

(F) On-site parking of the sponsor shall not be displaced unless sufficient required off-street parking remains available for the host’s use to compensate for the loss of on-site parking or unless a shared parking agreement is executed with adjacent properties.

(G) A transportation plan must be developed which includes parking plan for encampment residents and transit services.

(H) No children under 18 are allowed to stay overnight in the temporary homeless encampment, unless accompanied by a parent or guardian. If a child under the age of 18 without a parent or guardian present attempts to stay at the encampment, the sponsor and the managing agency shall immediately contact Child Protective Services and shall actively endeavor to find alternative shelter for the child.

(I) The sponsor or managing agency shall provide and enforce a written code of conduct, which not only provides for the health, safety and welfare of the temporary homeless encampment resident, but also mitigates impacts to neighbors and the community. A copy of the code of conduct shall be submitted to the city at the time of application for the temporary use permit. Said code shall be incorporated into the conditions of approval.

(J) The sponsor and the managing agency shall ensure compliance with Washington State laws and regulations, the city municipal code, and local health district concerning, but not limited to, drinking water connections, solid waste disposal, human waste, electrical systems and storm water quality. The sponsor and the managing agency shall permit inspections by state and/or local agencies and/or departments to ensure such compliance and shall implement all directives resulting within the specified time period.

(K) Building and/or fire permits may be required depending on the type, size, location or use of existing buildings, tents or other temporary structures. ADA facilities may be required.

(L) The sponsor and managing agency shall assure all applicable public health regulations, including but not limited to the following, will be met at/for:

(i) Sanitary portable toilets, which shall be set back at least 40 feet from all property lines;

(ii) Hand-washing stations by the toilets and food preparation areas;

(iii) Food preparation or service tents; and

(iv) Refuse and recycling receptacles.

(M) Public health guidelines on food donations and food handling and storage, including proper temperature control, shall be followed and homeless encampment residences involved in food donations and storages shall be made aware of these guidelines consistent with the local health district requirements.

(N) The sponsor and the managing agency shall designate points of contact for the city police department. At least one designated point of contact shall be on duty at all times. The names of the on-duty points of contact shall be posted on site daily and their contact information shall be provided to the city of Westport police department by 8:00 p.m. daily.

(O) Facilities for dealing with trash shall be provided on site throughout the encampment. A regular trash patrol in the immediate vicinity of the temporary homeless encampment site shall be provided.

(P) The sponsor and the managing agency shall take all reasonable and legal steps to obtain verifiable identification from current and prospective encampment residents, including first, middle, last name and date of birth, and making the information available to the city of Westport police department or designee and use the identification to obtain sex offender and warrant checks from appropriate agencies. The sponsor and the managing agency shall keep a log of names and dates of all people who stay overnight in the temporary homeless encampment.

(Q) The sponsor and the managing agency shall immediately contact the city police department if someone is rejected or ejected from the encampment when the reason for rejection or ejection is an active warrant or a match on a sex offender check, or if, in the opinion of the on-duty point of contact or on-duty security staff, the rejected/ejected person is a potential threat to the community.

(R) Tents over 300 square feet in size and canopies in excess of 400 square feet shall utilize flame retardant materials.

(S) The sponsor, the managing agency and temporary homeless encampment residents shall cooperate with other providers of shelters and services for homeless persons within the city and shall make inquiry with these providers regarding the availability of existing resources.

(T) The sponsor and/or managing agency shall provide before-encampment photos of the host site with the application. Upon vacation of the temporary homeless encampment, all temporary structures and debris shall be removed from the host site within one calendar week or obtain a written extension from the director.

(4) Frequency and Duration of Temporary Use. The director shall not grant a permit for the same site more than once in any calendar year; provided, that the director is not authorized to issue a permit for the same site sooner than 180 days from the date the site is vacated as provided in subsection (3)(T) of this section. Temporary homeless encampments may be approved for a period not to exceed 90 days. The permit shall specify a date by which the use shall be terminated and the site vacated and restored to its pre-encampment condition.

(5) Permit Required. Establishment of a temporary homeless encampment shall require approval of a temporary use permit, as described in this chapter, and compliance with all other applicable city regulations. The director shall have authority to grant, grant with conditions or deny an application for a temporary use permit under this chapter; provided, that the director shall have no authority to modify the limits established in subsection (3) of this section.

(6) Application. Application for a temporary permit for homeless encampment shall be made on forms prescribed by the city, and shall be accompanied by a fee established in the city’s current fee schedule as set forth in WMC 17.56.040. The director may waive any of these items, upon request by the applicant and finding that the item is not necessary to analyze the application. An application to establish a temporary homeless encampment shall be signed by both the sponsor and the managing agency (“applicant”).

(A) A site plan of the property, drawn to scale, showing existing natural features, existing and proposed grades, existing and proposed utility improvements, existing rights-of-way and improvements, and existing and proposed structures, tents and other improvements (including landscaping and fencing at the perimeter of the proposed encampment and the property and off-street parking);

(B) A vicinity map, showing the location of the site in relation to nearby streets and properties;

(D) The written code of conduct and a transportation plan as required by this chapter;

(E) Statement of actions that the applicant will take to obtain verifiable identification from all encampment residents and to use the identification to obtain sex offender and warrant checks from appropriate agencies;

(F) Project statistics, including site area, building coverage, number and location of tents and temporary structures, expected and maximum number of residents, and duration of the encampment;

(G) A legal description of the subject property, including parcel number;

(H) Photographs of the site;

(I) A list of other permits that are or may be required for development of the property (issued by the city or by other government agencies), insofar as they are known to the applicant;

(J) A list of any requirement under this chapter for which the applicant is asking to modify, as allowed under this subsection (6).

(7) Decision and Appeal.

(A) Decision. The director shall decide whether to grant, grant with conditions or deny a temporary use permit. Before any temporary use permit may be granted, the applicant shall show that:

(i) The proposed use will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity of the proposed encampment;

(ii) The proposed use shall meet the performance standards that are required in the zoning district the encampment will occupy and the requirements of this chapter;

(iii) The proposed use shall be in keeping with the goals and policies of the comprehensive plan;

(iv) All measures have been taken to minimize the possible adverse impacts which the proposed encampment may have on the area in which it is located.

Notice of Decision. A notice of the decision stating whether the permit is granted or denied, along with information regarding the procedure for appeal of the decision, shall be mailed to the applicant and host within 10 days of the decision. If issued, the permit for the temporary homeless encampment shall be issued jointly to the sponsor and managing agency and each shall be responsible for compliance with the terms and conditions of the permit and applicable city codes.

(B) Conditions. Because each temporary homeless encampment has unique characteristics, including, but not limited to, size, duration, uses, number of occupants and composition, the director shall have the authority to impose conditions on the approval of a temporary use permit to ensure that the proposal meets the criteria for approval listed above. Conditions, if imposed, must be intended to minimize nuisance-generating features in matters of noise, waste, air quality, unsightliness, traffic, physical hazards and other similar matters that the temporary homeless encampment may have on the area in which it is located. In cases where the application for temporary use permit does not meet the provisions of this chapter (except when allowed under subsection (7)(C) of this section) or adequate mitigation may not be feasible or possible, the director shall deny the application.

(C) Modification of Requirements. The director may approve a temporary use permit for a homeless encampment that relaxes one or more of the standards in this chapter only when, in addition to satisfying the decision criteria stated above, the applicant submits a description of the standard to be modified and demonstrates how the modification would result in a safe encampment with minimal negative impacts to the host community under the specific circumstances of the application. In considering whether the modification should be granted, the director shall first consider the effects on the health and safety of encampment residents and the neighboring communities. Modifications shall not be granted if their adverse impact on encampment residents and/or neighboring communities will be greater than those without modification. The burden of proof shall be on applicant.

(D) Appeal. The director’s decision may be appealed to the hearing examiner in accordance with WMC 17.52.010. (Ord. 1612 §§ 1 – 3, 2018; Ord. 1591 § 2, 2016; Ord. 1573, 2015)

17.36.070 Temporary homeless shelter.

(1) Regulations Established.

(A) Regulations concerning the establishment and processing of applications for temporary homeless shelters in the city are hereby established. Temporary homeless shelters are only permitted to be located on property owned or controlled by a religious organization recognized by the Internal Revenue Service as exempt from federal income taxes. Shelters are subject to a temporary use permit. Establishing such facilities contrary to the provisions of this chapter is prohibited. With the exception of temporary use permits for temporary homeless shelter facilities that are in full compliance with this chapter, applications for temporary use permits, land use approvals, or any other permit or approval, in any way associated with temporary homeless shelter facilities, shall not be accepted, processed, issued, granted, or approved.

(B) If a temporary homeless shelter is established in violation of this chapter or if, after temporary use permit is issued for the same, the director determines that the permit holder has violated this chapter or any condition of the permit, the temporary homeless shelter, its sponsor and/or managing agency shall be subject to enforcement and penalties in accordance with WMC 17.56.070.

(2) Definitions. The following definitions apply to temporary homeless shelters:

(A) “Temporary homeless shelter” means a short-term (150 days or less) residence facility for a group of people that is housed in a structure on a site owned or controlled by a sponsor with services and supervision provided by the managing agency and/or sponsor.

(B) “Managing agency” means an organization identified as the manager of a temporary homeless shelter that has the capacity to organize, manage and supervise a temporary homeless shelter. A “managing agency” may be the same entity as the sponsor.

(C) “Sponsor” means an organization providing financial resources to the temporary homeless shelter, if different than the managing agency.

(D) “Host” has the same meaning as “managing agency.”

(E) “Director” means mayor or mayor’s designee.

(3) Permit Required. Establishment of a temporary homeless shelter shall require approval of a temporary use permit, as described in this chapter, and compliance with all other applicable city regulations. The director shall have authority to grant, grant with conditions or deny an application for a temporary use permit under this chapter; provided, that the director shall have no authority to modify the limits established in subsection (4) of this section.

(4) Requirements. The following requirements shall apply to all temporary homeless encampments approved under this chapter, unless modified by the director through approval of a temporary use permit:

(A) The maximum number of residents at a temporary homeless shelter site shall be determined by the director taking into consideration square footage, building and fire codes and other site conditions.

(B) Bedding material, such as frames, mattresses and sheets must be maintained in a clean and sanitary condition and sanitized for each new user. Where possible a framed cot or bed should be provided.

(D) A transportation plan must be developed which includes public transit or private transportation services. The shelter site must be located within one-half mile of a bus route that is in service seven days a week and operates routes with service within 30 minutes of the shelter’s opening and closing times.

(E) No children under 18 are allowed to stay overnight in the shelter, unless accompanied by a parent or guardian. If a child under the age of 18 without a parent or guardian present attempts to stay at the shelter, the sponsor and the managing agency shall promptly contact Child Protective Services and shall endeavor to find alternative shelter for the child.

(F) The sponsor or managing agency shall provide and enforce a written code of conduct, which not only provides for the health, safety and welfare of the shelter resident, but also mitigates impacts to neighbors and the community. A copy of the code of conduct shall be submitted to the city at the time of application for the temporary use permit. Said code shall be incorporated into the conditions of approval.

(G) The sponsor and the managing agency shall ensure compliance with Washington State laws and regulations, the city municipal code, and local health district concerning, but not limited to, drinking water connections, solid waste disposal, human waste, electrical systems and stormwater quality. The sponsor and the managing agency shall permit inspections by state and/or local agencies and/or departments to ensure such compliance and shall implement all directives resulting within the specified time period.

(H) Public health guidelines for food handling and storage, including proper temperature control, shall be followed and shelter residents and staff involved in preparation and storage shall be made aware of these guidelines consistent with the local health district requirements. Premises shall be maintained in a manner to eliminate nuisance issues.

(i) The sponsor and managing agency shall assure all applicable public health and safety regulations, including but not limited to the following:

(a) Adequate toilet and hygiene facilities,

(b) Shower facilities shall be provided on site, with a minimum of one shower per 15 residents.

(I) Facilities for dealing with trash shall be provided on site. Applicant must show proof of a contract for solid waste collection services. Infectious waste/sharps disposal shall be made available and maintained in accordance with public health safety standards.

(J) Fire safety shall be provided per fire code. The city of Westport building department and the South Beach Regional Fire Authority shall review and inspect fire safety and suppression equipment prior to issue of permit. Proposed facility shall provide adequate access for fire and emergency services depending on the type, size, location, or use of existing buildings. The following rules shall apply:

(i) Approval of the fire suppression and evacuation plan must be given by the South Beach Regional Fire Authority prior to use of the site as a shelter.

(ii) At least one fire extinguisher per sleeping area, kitchen facility, and security office.

(iii) Adequate access for fire and emergency services, with a minimum of two access points. No smoking or open flames allowed inside the shelter.

(K) A security plan for the proposed shelter shall be provided and shall include the following:

(i) The contact information including name and phone number of the on-site manager(s);

(ii) An evacuation plan for the shelter;

(iii) A controlled access plan for residents; and

(iv) A fire suppression and emergency services access plan.

(L) Electric service shall be inspected for compliance and safety. There must be adequate power supply for facilities (including administration, security, kitchen, dining, shower, hygiene, and restroom facilities).

(M) The sponsor and the managing agency shall designate points of contact for the city police department. At least one designated point of contact shall be on duty at all times while the shelter is open to residents. The name(s) of the on-duty points of contact shall be posted on site daily and their contact information shall be available to the city of Westport by 8:00 p.m. each day.

(N) The managing agency shall keep a daily log of all people who stay overnight in the temporary homeless shelter and provide the information to the director or designee, upon reasonable and lawful request. The sponsor and the managing agency shall take all reasonable and legal steps to obtain verifiable identification from shelter residents including:

(i) Total number of residents and staff.

(ii) First, middle, last name and date of birth.

(iii) Available emergency contact information.

(O) The sponsor and/or the managing agency shall immediately contact the city of Westport police department if someone is rejected or ejected from the shelter for criminal related activities.

(P) The sponsor, the managing agency and temporary homeless shelter residents shall cooperate with other providers of shelters and services for homeless persons within the area and shall make inquiry with these providers regarding the availability of existing resources.

(5) Frequency and Duration of Temporary Use. A permit shall not be granted for the same site more than once in any calendar year. Temporary homeless shelters may be approved for a period not to exceed 150 days. The permit shall specify a date by which the use shall begin and shall be terminated.

(6) Application. Application for a temporary use permit for homeless shelter shall be made on forms prescribed by the city. The director may waive any of these items, upon request by the applicant and finding that the item is not necessary to analyze the application. An application to establish a temporary homeless shelter shall be signed by both the sponsor and the managing agency (“applicant”). The application shall include:

(A) Names and contact information of the managing agency and sponsoring organization.

(B) A written summary of the proposal, responding to the standards and requirements of this chapter.

(D) The shelter site location, including parcel number(s) and address.

(E) Proposed maximum number of residents.

(F) A facility site plan showing the following:

(i) A vicinity map, showing the location of the site in relation to nearby streets and transit routes;

(ii) Property lines, dimensions;

(iii) Building identified for shelter use;

(iv) Shelter layout, to include common, sleeping, dining and restroom/shower areas;

(v) Location of waste receptacles;

(vi) Location of vehicular access and parking;

(vii) Entry/exit control points and internal pathways.

(G) A written code of conduct, a transportation plan and a security plan as required by this chapter.

(7) Fees. A fee of $250.00 will be assessed for each permit application, to cover the cost of reviewing and processing the permit application. The city may waive or reduce the fee at the discretion of the director.

(8) Decision and Appeal.

(A) Decision. The director shall decide whether to grant, grant with conditions or deny a temporary use permit. Before any temporary use permit may be granted, the applicant shall show that:

(i) The proposed use will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity of the proposed encampment;

(ii) The proposed use shall meet the performance standards that are required in the zoning district the encampment will occupy and the requirements of this chapter;

(iii) The proposed use shall be in keeping with the goals and policies of the comprehensive plan;

(iv) All measures have been taken to minimize the possible adverse impacts which the proposed encampment may have on the area in which it is located.

(B) Notice of Decision. A notice of the decision stating whether the permit is granted or denied, along with information regarding the procedure for appeal of the decision, shall be mailed to the applicant and host within 10 days of the decision. If issued, the permit for the temporary homeless shelter shall be issued jointly to the sponsor and managing agency and each shall be responsible for compliance with the terms and conditions of the permit and applicable city codes.

(C) Conditions. Because each temporary homeless shelter has unique characteristics, including, but not limited to, size, duration, uses, number of occupants and composition, the director shall have the authority to impose conditions on the approval of a temporary use permit to ensure that the proposal meets the criteria for approval listed above. Conditions, if imposed, must be intended to minimize nuisance-generating features in matters of noise, waste, air quality, unsightliness, traffic, physical hazards and other similar matters that the temporary homeless shelter may have on the area in which it is located. In cases where the application for temporary use permit does not meet the provisions of this chapter or adequate mitigation may not be feasible or possible, the director shall deny the application.

(D) Modification of Requirements. The director may approve a temporary use permit for a homeless shelter that relaxes one or more of the standards in this chapter only when, in addition to satisfying the decision criteria stated above, the applicant submits a description of the standard to be modified and demonstrates how the modification would result in a safe shelter with minimal negative impacts to the host community under the specific circumstances of the application. In considering whether the modification should be granted, the director shall first consider the effects on the health and safety of shelter residents and the neighboring communities. Modifications shall not be granted if their adverse impact on shelter residents and/or neighboring communities will be greater than those without modification. The burden of proof shall be on the applicant.

(E) Appeal. The director’s decision may be appealed in accordance with Chapters 2.26 and 17.52 WMC.

(9) Enforcement and Penalties. It shall be unlawful for a permit holder to fail to comply with the requirements outlined in this section. If the director or his designee identifies a violation of the temporary use permit, the following actions shall be taken:

(A) The enforcement officer shall contact the managing agency, explain the permit violation and request correction. A violation of the temporary land use permit shall result in a warning. The managing agency shall be given a specified length of time to correct the violation according to the specified conditions or severity of the violation.

(B) If the violation is not corrected within the specified length of time a voluntary correction agreement for the permit violation shall be entered into between the managing agency and the city, acting through and at the discretion of the director as follows:

(i) The voluntary correction agreement is a contract between the city and managing agency under which the managing agency agrees to correct the permit violation within a specified time and according to specified conditions. The voluntary correction agreement shall include the following:

(a) The name and contact information of the person representing the managing agency;

(b) The street address of the where the permit violation is occurring;

(d) The necessary corrective action to be taken, and a date or time by which correction must be completed;

(e) An agreement by the managing agency that the city may inspect the premises as may be necessary to determine compliance with the voluntary correction.

(ii) Any violation of the permit not corrected according to the voluntary correction agreement shall result in temporary suspension of the permit for 30 days.

(iii) Any violation not corrected within the 30-day suspension shall result in revocation of the temporary use permit.

(iv) Any person operating a temporary or emergency-use homeless shelter without a valid permit issued by the city shall be guilty of a misdemeanor and upon conviction shall be punished by a fine not to exceed $1,000 or by imprisonment in jail not to exceed 90 days or by both such fine and imprisonment. (Ord. 1681 § 1, 2023)

17.36.080 Resource extraction.

(1) A conditional use permit shall be required for the removal of topsoil, sand, gravel, or natural deposits within 500 feet of any body of water.

(2) Application for a conditional use permit shall include a map showing existing topography; access roads, and property lines, and a plan showing the extent of the proposed excavation and final grading. (Ord. 1146 § 2, 1998)

17.36.090 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 approved by the building inspector. (Ord. 1146 § 2, 1998)

17.36.100 Animals.

In the R and MUTC districts the number and kind of animals kept per dwelling unit shall be limited to three cats or three dogs with a total number of cats and dogs not to exceed three. Other animals shall be permitted as follows:

(1) Horses, ponies, mules, and cows; provided there shall be 20,000 square feet of land area for each animal. No structure or manure pile for such animals shall be permitted within 50 feet of any off-premises dwelling;

(2) Sheep, goats and similar animals; provided there shall be 10,000 square feet of land area for each animal. No structure or manure pile for such animals shall be permitted within 50 feet of any off-premises dwelling;

(3) Gnawing animals such as rabbits, guinea pigs, chinchillas, and nutria and fowl such as chickens, ducks, geese, incidental to a dwelling; provided such animals are kept at least 10 feet from and behind the on-site dwelling within a suitable enclosure; and provided, that such animals shall not be closer than 25 feet to any off-premises dwelling;

(4) Structures, pens and grazing areas for any animal shall be kept in a clean and sanitary condition as determined by the health department. Only animals over six months old shall be considered when determining the number of animals;

(5) Additional cats, dogs and animals not mentioned above may be permitted subject to obtaining approval of the city council. (Ord. 1146 § 2, 1998)

17.36.110 Planned development – Defined.

A planned development for the purpose of this title shall be defined as a parcel one acre or larger where dwellings are clustered in order to provide larger, more usable, open space and more flexible siting of dwellings in relation to natural characteristics of the site. Such developments may also include lots smaller than the minimum lot size with the remaining area in common ownership, and may incorporate convenience retail uses intended to serve the residents. (Ord. 1146 § 2, 1998)

17.36.120 Planned development – Requirements.

Planned developments may be permitted in the R, OBR I, OBR II, and MUTC districts subject to obtaining a binding site plan and shall comply with the following requirements:

(1) Planned developments may include any type of dwelling; recreational facilities including but not limited to tennis courts, swimming pools and playgrounds; public and semi-public uses as permitted in the residential district; convenience retail uses serving residents of the development provided the floor areas and parking areas of such uses do not exceed five percent of the site area, and the development includes at least 200 dwelling units. Occupancy permits for any incidental commercial use shall not be issued until at least one-half of the dwelling units are sold or occupied.

(2) Lot sizes, setbacks from exterior boundary lines and between on-site buildings, building height and location, amount and location of open space shall be as shown on the approved plan; provided, that the setback from the exterior boundary shall be equal to the height of the building.

(3) The number of dwelling units permitted shall be determined by dividing the gross development area by the allowable density. Gross development area shall be determined by subtracting the area devoted to public and semi-public uses and any commercial uses together with parking areas required for such uses from the total development area. (Ord. 1146 § 2, 1998)

17.36.130 Planned development – Application.

The applicant shall submit three copies of the following information to the city clerk:

(1) An accurate map drawn to scale of not less than 100 feet to the inch showing the boundaries of the site, all streets bounding the site; the proposed location and vertical height of any buildings; proposed public dedications, if any; location and design of parking facilities including points of ingress and egress; topographic map with contours at intervals of not more than five feet together with proposed grading, drainage, and landscaping; location of private and common open space.

(2) Within 30 days of submittal, the applicant and interested staff shall meet to discuss the proposed development, and a letter written by the city clerk shall be transmitted within five days of the meeting to the applicant indicating whether or not the proposal conforms with the comprehensive plan, zoning and subdivision ordinances, and other applicable city regulations.

(3) If the applicant wishes to proceed, a planned unit development application shall be submitted to the city clerk. The application shall include six copies of the information required above and a legal description of the property. If the application is approved, or approved subject to conditions by the planning commission, the plan and any conditions shall be forwarded to the city council for consideration and the planned unit development shall not become effective until 10 days following approval by the city council. (Ord. 1146 § 2, 1998)

17.36.140 Supplementary yard and area requirements.

The regulations in WMC 17.36.210 shall apply in all districts except the RP district and where the provisions of this chapter conflict with the provisions of any district the provisions of this chapter shall apply. (Ord. 1146 § 2, 1998)

17.36.150 Accessory buildings and uses.

Buildings and uses accessory to a permitted use in any district shall be permitted subject to the following requirements:

(1) In the residential and TC districts accessory buildings and uses shall be located in the area between side property lines from the real property line to the front of the dwelling or the front yard where no dwellings are located on-site except that accessory buildings and uses shall not be closer than 10 feet to any on-site dwelling and not closer than 15 feet to any side property line abutting a street. The gross floor area of accessory buildings shall not exceed 25 percent of the rear yard area.

(2) In the ocean beach residential districts accessory buildings and uses shall be located in the area between the side yard setback lines from the rear property line to the front of the dwelling. No garage, carport, or other accessory structure, except for fences, shall be allowed within the required front or side yard. Accessory buildings and uses shall not be closer than 10 feet to any on-site dwelling and not closer than 15 feet to any side property line abutting a street. The gross floor area of all accessory buildings shall not exceed 25 percent of the rear yard area. (Ord. 1146 § 2, 1998)

17.36.160 Architectural features.

Chimneys, cornices, canopies, and eaves or similar architectural features and fire escapes, outside stairways, decks may project into any required yard only to the extent permitted by the building code. (Ord. 1146 § 2, 1998)

17.36.170 Fences, walls and vegetation.

Fences, sight-obscuring fences, walls, and hedges shall be allowed in all zoning districts subject to the following requirements:

(1) For the purposes of this section, “fence” means any fence, sight-screening/sight-obscuring fence, or open/non-sight-obscuring fence as defined in WMC 17.08.020.

(2) Any person(s) installing a fence, whether initially or to replace an existing fence, shall first be required to obtain a fence placement permit or building permit as applicable from the city building department. The application fee for a fence placement permit shall be $10.00. Such permit is not required for maintenance or minor repair.

(3) All fences shall conform to the following general standards:

(A) No fence shall be allowed to cause a traffic hazard by obstructing views of traffic or pedestrian movements.

(B) City crews may remove any fence constructed without an appropriate permit for installation, repair, or replacement of municipal improvements and public utilities without being required to reconstruct the fence. Said fence may be replaced as approved by the director of public works with such costs paid by the owner of such property.

(C) Barbed or razor wire shall be prohibited except as security fencing serving a public facility in any district or as approved by the director of public works in MI, TC, and MUTC zoning districts.

(D) Electrified fences shall be prohibited.

(E) All fences over six feet in height, if otherwise allowed by this section, shall obtain a building permit from the building department and shall be designed by a registered engineer to the latest edition of the International Building Code as adopted by the city of Westport.

(F) Any person installing a fence shall be responsible for locating applicable property lines and ensuring the fence is located on the property of the owner of the fence. The city will not inspect for nor have any responsibility to locate the property line.

(G) For corner lots, within the area lying between the front and street side lot lines and a line connecting points on these lot lines 20 feet from their intersection, fences and vegetation shall not exceed three feet in height above the established grade of either street. Tree trunks, posts or columns not exceeding 18 inches in cross-sectional width, measured at three feet above the established grade of either street, shall be permitted provided tree branches are removed up to eight feet above the established grade of either street. Open/non-sight-obscuring fences shall be allowed to be four feet in height.

(H) For the purposes of this section, height shall be measured at the highest point of the top rail or topmost board or line of boards or covering. Post caps or similar minor decorations shall not be used in determining the height of the fence.

(I) Limitations on height shall not be deemed to prohibit non-sight-obscuring safety or security fences of any height necessary for public playgrounds, public utilities, and other public installations.

(4) Fences shall not be constructed on city owned property including right-of-way without approval of the city council. The following standards shall apply to fences constructed on city owned property unless specifically waived or modified by the council:

(A) The fence shall be constructed behind the municipal sidewalk if sidewalks are installed.

(B) The fence shall be constructed at least six feet behind the curb and shall provide for a minimum six feet of clearance when sidewalks do not exist.

(C) The fence shall be constructed to avoid placement which impacts public utilities, fire hydrants and municipal improvements.

(D) The fence shall not block the view of signs that are installed behind the curb or sidewalk.

(5) Fences shall meet the following standards based upon the zoning district they are located in as follows:

(A) Fences in the R and OBR districts within the required front yard or side yard adjacent to a street shall not exceed four feet in height. Fences within the required rear and side yards may not exceed six feet in height provided the building inspector may approve such fences higher than six feet. No fence shall exceed eight feet in height. The building inspector may approve fences in the side yard adjacent to a street up to the maximum height limit for the purposes of site screening storage that would otherwise be allowed elsewhere in this code.

(B) Fences in all other districts on residential lots located within the required front yard shall not exceed four feet in height. Where commercial uses or property share a common property line with a residential lot, that portion of the fence between the front property corner and the side yard adjacent to the residence may be allowed to exceed four feet in height as approved by the building inspector. Fences within the required rear and side yards may not exceed six feet in height provided the building inspector may approve such fences higher than six feet. No fence shall exceed eight feet in height. The building inspector may approve fences in the side yard adjacent to a street up to the maximum height limit for the purposes of site screening storage that would otherwise be allowed elsewhere in this code.

(C) Fences in all other districts on commercial or industrial lots shall not exceed six feet in height provided the building inspector may approve such fences higher than six feet. No fence shall exceed 10 feet in height.

(D) New commercial or industrial construction in all districts sharing a common property line with residential districts shall erect and maintain a sight-obscuring fence along the common boundary not less than six feet in height. This requirement shall not apply to properties sharing a common property line with residential districts which contain a single-family residence only.

(6) Any fence lawfully existing at the time of the effective date of the ordinance codified in this section shall be classified as an existing nonconforming structure and may continue to be allowed until such time as it is replaced. This requirement does not prevent maintenance or minor repairs.

(7) The building official shall be authorized to issue an order to correct or cease activity to any person, firm, or corporation constructing a fence without an appropriate permit as required herein. Failure to comply with these standards shall be subject to the enforcement and penalties contained in WMC 17.56.070. (Ord. 1529 § 1, 2012; Ord. 1502 § 2, 2011)

17.36.180 Yard requirements for corner lots.

Where a side lot line is also a street right-of-way line, the side yard setback in the R or TC districts shall be five feet; provided, however, that no structure shall encroach upon the area described as follows: an arc with a radius of 20 feet from the intersection of the street right-of-way boundary. (Ord. 1146 § 2, 1998)

17.36.190 Special height restrictions.

(1) Towers, gables, scenery lofts, cupolas, water tanks, and similar structures and mechanical appurtenances may be erected on a building to a height greater than the limit established in any district; provided, that no such exception shall cover more than 15 percent of the area of the building.

(2) Chimneys, water tanks, civil defense siren, flag pole, monument, radio or TV antenna, government or public utility structure, and similar freestanding structures may be erected to a height greater than the limit established in any district provided such exception shall not cover more than 15 percent of the site. (Ord. 1146 § 2, 1998)

17.36.200 Vehicle and other storage.

(1) Unless parked within the confines of a legal wrecking yard or on the premises of a legally established vehicle repair business, abandoned, unlicensed, inoperable or partially dismantled vehicles can be parked within an enclosed building and shall not be parked outdoors; provided, that not more than two vehicles intended to be repaired or restored may be parked outdoors if they are sight screened as defined in WMC 17.08.020.

(2) In the R1 and R2 districts, building materials, equipment and appliances, fishing equipment and similar items which are visible from a street shall not be stored within the front or street side yard for more than 30 days in any calendar year. Items stored within the front or street side yard for more than 30 days in any calendar year shall be sight screened as defined in WMC 17.08.020.

(3) In all districts, the total number of vehicles parked outside of a building on a single-family lot, excluding recreational vehicles, shall not exceed four vehicles.

(4) In all districts, the total number of vehicles parked outside of a building on a multiple-family lot, excluding recreational vehicles, shall not exceed the total number of available designated parking spaces.

(5) In all districts, one licensed operable recreational vehicle which is visible from a street may be parked or stored outside of a building on a single-family lot. One additional licensed and operable recreational vehicle may be parked or stored on a single-family lot; provided, that it is properly sight screened as defined in WMC 17.08.020.

(6) In all districts, licensed operable recreational vehicles parked or stored outside of a building on a multiple-family lot shall not exceed one per dwelling unit.

(7) In all districts, one licensed operable boat or other licensed operable watercraft which is visible from a street may be parked or stored outside of a building on a single-family lot. Additional licensed and operable boats and watercraft may be parked or stored on a single-family lot; provided, that they are properly sight screened as defined in WMC 17.08.020.

(8) In all districts, licensed operable boats and watercraft parked or stored outside of a building on a multiple family lot shall not exceed one per dwelling unit.

(9) Variances from the requirements and procedures of this section may be granted in accordance with Chapter 17.44 WMC. (Ord. 1436 § 2, 2008; Ord. 1146 § 2, 1998)

17.36.210 Special lot size provisions.

For townhouses, the minimum lot size and width requirements in the zoning district may be reduced to meet the standards herein. Lots shall include the land area within the exterior walls of the dwelling and may include additional open area. Lots shall have 20 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 area required by the maximum density factor in the district. Townhouse developments shall comply with the requirements of the subdivision ordinance for projects with separate lots or with the binding site plan ordinance for condominiums. (Ord. 1146 § 2, 1998)

17.36.220 Off-street parking requirements.

The minimum required off-street parking spaces for the respective uses shall be as follows. For conditional uses, off-street parking shall be as required in the permit, provided such requirement may be more, but not less, than the requirements specified herein. Where the requirements produce a fractional result the number shall be increased to the next highest unit. The off-street parking requirement for a use not specifically mentioned in this section shall be the same as the below-mentioned use which is most similar. In the case of mixed uses, the total requirement for off-street parking shall be the sum of the requirements for the various uses computed separately:

(1) Campgrounds: one space per campsite.

(2) Detached single-family dwellings including site-built homes, modular homes, new-designated manufactured homes, as well as mobile or manufactured homes on a lot or in a mobile or manufactured home park: two spaces per unit.

(3) Attached dwellings (duplex, multifamily, townhouse, condominium): one and one-half spaces for each unit; provided, that where one bedroom or efficiency units are to be continually occupied by those 62 years or older, the requirement may be reduced to one space for each two units subject to obtaining a conditional use permit.

(4) Personal, professional and financial services, self-service laundry or cleaners, business offices: one space per 350 square feet of gross floor area. Three spaces shall be deducted for each drive-in window in a bank.

(5) Church, mortuary, places of public assembly with fixed seats: one space for each five seats in the main auditorium.

(6) Dance hall, place of assembly and exhibition halls without fixed seats: one space for each 100 square feet of gross floor area in the main assembly area.

(7) Hospitals, sanitariums, convalescent homes, nursing homes, and rest homes: one space for every three patient beds, plus one additional space for every three employees.

(8) Grocery stores, drug stores, department stores and retail sales in a building: one space for each 300 square feet of gross floor area.

(9) Hotels, motels, rooming and boarding houses: one space for each guest room, plus one space for each two employees.

(10) Bowling alleys: five spaces per lane.

(11) Skating rinks and other commercial recreation uses: one space for each 100 square feet of gross floor area.

(12) Drive-in restaurant where food is taken off-premises: one space for each 150 square feet of gross floor area.

(13) Drive-in restaurant where food is eaten in vehicles: one space for each 50 square feet of gross floor area.

(14) Taverns, cocktail lounges, and restaurants with inside tables and only incidental take-out service: one space per 100 square feet of gross floor area.

(15) Furniture, appliance, feed stores, outdoor sales and other retail sales of bulky items: one space per 750 square feet of gross floor area with a minimum of four spaces.

(16) Service stations; wholesale stores, furniture, appliance, motor vehicle and equipment repair; motor vehicle or machinery sales; outdoor sales; builder, plumber and other trades; day care center, nursery, animal hospital: two spaces plus one space for each employee.

(17) Warehouses, fabricating, manufacturing, processing, distributing and similar uses: one space for each two employees with a minimum of four spaces.

(18) Mixed use projects: Parking shall be based on the combined needs for all projects within the mixed use project. A 20 percent reduction for joint use is permitted from overall requirements in any mixed use project larger than one acre where joint parking is provided. (Ord. 1362 § 2, 2005)

17.36.230 Location of parking spaces.

(1) Off-street parking shall be located on the same lot with the use to be served or immediately across an alley from the site.

(2) Parking for residential uses shall not be located in the required front yard nor within five feet of the side street on a corner lot. Where four or more residential units are located on the same lot outdoor parking shall not be closer than five feet to any on-site building and not closer than three feet to any side or rear lot line.

(3) Parking spaces shall not be located so as to require backing into the public street right-of-way. Where parking spaces or an aisle serving a parking facility are adjacent to property zoned for residential uses, a sight-obscuring fence at least four feet high shall be provided. (Ord. 1146 § 2, 1998)

17.36.240 Improvement of parking spaces and access thereto.

(1) Any parking facility for four or more vehicles, including access driveways and aisles, shall be graded and drained so as to dispose of surface water to the satisfaction of the city director of public works, and shall be surfaced with concrete, asphaltic concrete or gravel, in accordance with the specifications of the Washington State Department of Transportation, and shall be maintained in good condition free of weeds, dust, trash and debris.

(2) Individual parking spaces shall be designated by contrasting paint or markers where possible and shall be a minimum of nine feet wide and 20 feet long. Lots with four or more spaces may include 25 percent compact stalls, measuring eight feet wide and 15 feet long. Driveways providing access to a parking facility shall be at least 12 feet wide for each lane of travel and aisles providing access to parking spaces shall be as follows:

(A) One-way aisles serving angled parking less than 50 degrees: 12 feet wide;

(B) One-way aisles serving angled parking 50 degrees to 75 degrees: 18 feet wide;

(C) Two-way aisles serving angled parking 50 degrees or more or aisles serving more than 70 degrees to 75 degrees: 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 adjoining residential premises. (Ord. 1417 § 4, 2007; Ord. 1146 § 2, 1998)

17.36.245 Marina District parking standards.

(1) For the purposes of this chapter, the definition of the Marina District shall include the area northeast of Montesano Street and northwest of Wilson Avenue and Yearout Drive.

(2) All development within the Marina District shall comply with the provisions of WMC 17.36.220, 17.36.230, and 17.36.240 related to parking standards except as specifically modified in this section.

(3) The provisions of this section do not apply to any development outside the Marina District, and any development within the Marina District that is not specifically mentioned herein.

(4) The off-street parking requirements of WMC 17.36.220 are modified as follows:

(A) Attached dwellings (duplex, multifamily, townhouse, condominium): In the Marina District, units requiring two or more spaces may provide tandem parking spaces to meet the requirement. Tandem parking is a parking space which is positioned in such a manner that it is necessary to pass through one parking space to access the other from a street, lane or driveway.

(B) Grocery stores, drug stores, department stores and retail sales in a building: one space for each 333 square feet of gross floor area (three spaces per 1,000 square feet).

(C) Hotels, motels, rooming and boarding houses: Accessory uses (meeting rooms, banquet rooms, restaurants, etc.) associated with hotels/motels may reduce the existing stand-alone requirement for the use (one space per 100 square feet of gross floor area) by 25 percent.

(5) The location of parking spaces standards of WMC 17.36.230(1) is modified by the addition of the following:

(A) In the Marina District, lots 20,000 square feet or less may also provide parking for residential or commercial uses on lots adjacent to the use to be served. “Adjacent” refers to lots which are bordering or contiguous to the lot to be served, and does not include lots across a right-of-way or street.

(B) In the Marina District a percentage of the required parking for new commercial development and/or redevelopment (based on lot size) may either be located within 600 feet of the use to be served, or, alternately, the developer may contribute the cost to develop the required parking to Westport’s fee-in-lieu program, WMC 17.36.290. A “commercial” use includes general office, motels/hotels, child day care centers, professional and personal services, service stations, grocery, drug, department, retail and restaurant. Percentages which may be located off-site are as follows:

(i) Lots 10,000 square feet or less: 50 percent;

(ii) Lots 10,001 to 20,000 square feet: 25 percent;

(iii) Lots more than 20,000 square feet: 15 percent. (Ord. 1417 § 5, 2007)

17.36.250 Loading space.

For commercial, industrial and public and semi-public buildings and uses with more than 5,000 square feet of gross floor area, there shall be provided space either inside or outside a building, for the loading and unloading of goods and materials. Such space shall not be less than 10 feet wide, 25 feet long, nor less than 15 feet in height if covered. Such space shall be provided with access to an alley, or a street. (Ord. 1146 § 2, 1998)

17.36.260 Access requirements.

Unless approved as part of a planned development or under the provisions of WMC 17.36.210, any lot created after the adoption of the ordinance codified in this title shall have at least 20 feet of frontage on a public street. (Ord. 1146 § 2, 1998)

17.36.270 Nonconforming uses and lots.

Any nonconforming use of land or building lawfully existing at the effective date of the ordinance codified in this title may be continued subject to the following conditions:

(1) Any building or structure conforming as to use but nonconforming as to lot area, yards, or height at the effective date of the ordinance codified in this title may be altered, repaired or extended; provided, that such alteration, repair, or extension shall not increase the existing degree of nonconformance.

(2) Any change of a nonconforming use shall be to a conforming use and a nonconforming use which has been discontinued for a period of one year or more shall not be re-established. A nonconforming use of a part of a lot or a building shall not be extended throughout the lot or building.

(3) Any signs, existing on the effective date of the ordinance codified in this title but not conforming to the provisions of this title, shall be permitted to continue for a period of five years from the effective date of said title and shall be removed on or before that date.

(4) A lot which existed prior to the effective date of Ordinance 1146, and which is nonconforming as to area, or dimension, as required by the district within which such lot is located, shall be considered a legal building site provided such lot shall have at least 20 feet of frontage on a public street, private road, or easement, if a dwelling is to be constructed thereon; and provided, that all other regulations of the district and other rules and regulations of the city shall be satisfied. (Ord. 1411 §§ 1, 2, 2007; Ord. 1146 § 2, 1998)

17.36.280 Nonconforming off-street parking.

Off-street parking facilities existing at the time the ordinance codified in this title is adopted, incidental to a lawfully established use, but which are nonconforming as to the provisions of this title shall be considered off-street parking for that specific use. Any change in the use, the building, or the parking facilities shall be subject to the following provisions:

(1) An existing parking facility, incidental to a lawfully established use, shall not be reduced in area or redesigned so that the facility is less in conformance with the provisions of this title in any respect, unless the end result is an equivalent number of off-street parking spaces, or the required number of parking spaces, whichever is the lesser, provided as required by this title.

(2) If a building or use is expanded, parking as required by this title shall be provided for the expanded portion of the use. Any existing parking shall be retained, or be replaced by an equivalent number of off-street parking spaces, or the required number of spaces, whichever is the lesser as required by this title.

(3) If the use of land or a building is changed to a use with a greater parking requirement, parking equal to the difference between the requirement for the existing and the proposed use, as contained herein, shall be provided in accordance with the provisions of this title. Existing parking shall be retained or be replaced by an equivalent number of off-street parking spaces, or the required number of spaces, whichever is the lesser, as provided by this title. (Ord. 1146 § 2, 1998)

17.36.290 Off-street parking in-lieu fee option.

Due to lot size and configuration, it is sometimes difficult in the Marina District to provide the required parking associated with the mix of uses – residential, office and commercial – desirable in new development. The fee-in-lieu program allows developers to pay a fee for a percentage of total required parking spaces for commercial uses, based on lot size, rather than construct said space on site. The fund into which the fee is paid is reserved for future provision of publicly accessible parking spaces in the Marina District.

(1) For the purpose of this section, a commercial use includes general office, motels/hotels, child day care centers, professional and personal services, service stations, grocery, drug, department, retail and restaurant.

(2) There is hereby established a fee-in-lieu parking district within the Marina District. The fee-in-lieu parking district is defined as the area located northwest of Patterson Avenue and northeast of Harms Street, including the area of the marina on both sides of Neddie Rose Drive. All commercial properties within the fee-in-lieu parking district are subject to and may avail themselves of the provisions of the fee-in-lieu parking program.

(3) There is hereby established a percentage of spaces, based on lot size, which may be “bought out” pursuant to the fee-in-lieu program. The percentage of parking spaces which may be transferred off-site via fee-in-lieu refers to the percentage of the total number of spaces required pursuant to the zoning ordinances of the city of Westport for the particular commercial use for which fee-in-lieu payment is being requested. The percentages of spaces which may be transferred off-site through contribution to the fee-in-lieu program are as follows:

Table 1 – Percentage of Spaces Provided through Fee-in-Lieu
Lot Size	Maximum Percentage Transferable Off-Site through Fee-in-Lieu
10,000 sf or less	50%
10,001 sf – 20,000 sf	25%
20,001 sf or more	15%

(4) The collection process and the amount of fees for provision of off-site public parking in the Marina District shall be as specified below:

(A) A fee may be paid for uses within the fee-in-lieu district in lieu of complying with the portions of required parking standards as outlined in Table 1. City staff shall make the following determinations in order to determine if a project is eligible to pay this fee:

(i) If the development lies within the specific fee-in-lieu district;

(ii) If the development is commercial, as defined herein.

(B) The amount of payment for each required parking space shall be fixed by resolution adopted from time to time by the city council, but in no case shall exceed the estimated, normal, current cost to the city of providing required parking spaces to serve the contemplated use.

(C) Fees paid in accordance with this section are collected to fund a general public parking program serving the Marina District and are not intended for any specific improvement project. The fees paid shall be the most current fees as established by the council less any prior fees paid by the applicant for satisfaction of the parking requirements prior to the enactment of this section.

(D) Any off-street parking requirement satisfied in this manner shall run with the land, and any subsequent change of use that requires more parking shall require subsequent action to satisfy the additional parking requirement.

(E) Fees for all development projects for which payment of fees in lieu of on-site parking is desired shall be paid prior to the issuance of building permits. Fees for development projects which do not require building permits shall be paid before any other applicable city approval is made final.

(F) If a project is phased, payment of fees pursuant to this section may be similarly phased as agreed upon between the applicant and the city.

(G) The fees collected shall be used for the following purpose: to construct or provide new public parking spaces within, or for the direct benefit of, the MUTC zones of the Marina District from which the funds are generated.

(H) City/planning staff shall maintain the current fee schedule and shall make the current fee schedule available for public review upon request.

(I) Fee-in-lieu parking program fees and all the interest earnings on those fees will be placed in an account specific to the provision of publicly accessible parking in the Marina District. These accounts will be managed by the city. The city will maintain a record of all properties that have met their required parking space obligation by paying the appropriate fee for the spaces. Payment of this fee does not absolve the developer from any future obligation to participate in future construction of publicly accessible parking spaces through additional funding mechanisms (e.g., a local improvement district, tax increment financing, etc.). Payment of this fee also does not guarantee the developer that parking spaces will be constructed for the sole use of or in the immediate proximity of that development.

(5) Projects funded from the fee-in-lieu parking program may be implemented either by the construction of publicly accessible parking spaces through the city’s capital improvement program or by disbursing funds to a developer constructing the improvements. Funds may also be used to convert existing private parking spaces to publicly accessible parking spaces through the purchase or lease of underutilized private parking spaces. Planning for parking capital improvement projects funded by fee-in-lieu parking program fees will be initiated at the discretion of the mayor or designee, contingent upon budget approval by the city council. It should be recognized that to provide for a logical and cost effective construction of parking improvements, projects funded by fee-in-lieu parking program fees may be phased and may be constructed such that the parking spaces do not directly serve the parcels from which the fee was collected.

(6) If this fee program is terminated, any excess funds collected prior to dissolution of this fee program shall be used within the Marina District for those purposes identified in subsection (5) of this section. (Ord. 1573, 2015; Ord. 1418 § 1, 2007)

17.36.300 Marina District redevelopment parking exemption.

(1) For the purposes of this section, the following definitions apply:

(A) A “commercial” use includes general office, motels/hotels, child day care centers, professional and personal services, service stations, grocery, drug, department, retail and restaurant.

(B) “Redevelopment” involves the replacement of an existing structure with a partially new or entirely new structure. New construction must exceed 50 percent of the value of the pre-existing structure.

(2) Parking requirements are waived for all redevelopment which replaces an existing commercial use or uses within the boundaries of the Marina District, as defined in WMC 17.36.245(1). Any amount of a redevelopment’s commercial square footage which exceeds the site’s pre-existing commercial square footage must provide the associated number of spaces required pursuant to the zoning ordinances of the city of Westport. Any new commercial development on a lot without a pre-existing commercial use must provide the number of spaces required pursuant to the zoning ordinances of the city of Westport. Uses not specified as “commercial” in the definition provided in subsection (1) of this section are not exempt from providing required parking pursuant to the zoning ordinances of the city of Westport.

(3) Properties eligible for exemption from commercial parking requirements must:

(A) Be a commercial use as defined in subsection (1) of this section, located within the boundaries of the Marina District defined in WMC 17.36.245(1).

(B) Be redeveloped on the same site as a pre-existing commercial use for the associated square footage to apply to the new building.

(C) Be constructed within five years of demolition of an existing commercial use for the associated square footage to apply to the new building. (Ord. 1417 § 6, 2007)

17.36.310 Illegal uses prohibited.

(1) No use that is illegal under, or contrary to, any city, county, state or federal law or statute shall be allowed in any zoning district within the city unless otherwise specifically allowed for in the city of Westport Municipal Code.

(2) No person, nor entity, including but not limited to persons or entities holding, or claiming to hold, a license from any state regulatory agency to produce, process, grow, sell, or distribute marijuana or marijuana-infused products, including but not limited to licenses issued pursuant to Chapters 69.50 and 69.51A RCW, and Chapter 314-55 WAC, shall operate, maintain, cause or allow to exist any marijuana-based business in any zoning district within the city. This prohibition is supplemental to, and in no way limits the scope or effect of, subsection (1) of this section. (Ord. 1594 § 1, 2016)