Chapter 18.04 DISTRICT REGULATIONS

1. Accessory uses and buildings customarily appurtenant to a permitted use, such as garages, carports and minor structures for storage of personal property;

2. Rooming and boarding of not more than three persons;

3. Customary incidental home occupations subject to the provisions of EMC 18.08.040;

4. A single accessory dwelling unit subject to the provisions of EMC 18.08.045.

F. Conditional Uses. Conditional uses are as follows:

1. General conditional uses as listed in EMC 18.08.030;

2. Cottage housing in accordance with Chapter 19.06 EMC;

3. Electric vehicle battery charging stations; Level 3 subject to compliance with the development standards of EMC 18.08.020.

G. Development Standards.

1. Minimum lot area is 9,600 square feet.

2. Minimum lot width is 70 feet.

3. Maximum site coverage is 30 percent.

4. Minimum yard requirements:

a. Front Yard. Minimum front yard is 25 feet.

b. Side Yard. Minimum side yard is eight feet.

c. Rear Yard. Minimum rear yard is eight feet, provided that the minimum rear yard setback for property with a rear yard abutting on an alley shall be the greater of two feet, or 12 feet from the alley center line.

d. Side Yard on Flanking Street of Corner Lot. Minimum side yard on the flanking street of a corner lot is 15 feet.

5. Height Limitation. Height limitation is two and one-half stories, not exceeding 28 feet.

6. Interior Yards. Interior yards shall not be computed as part of the site coverage.

7. Landscaping. The landscaping requirements of Chapter 18.07 EMC shall apply.

8. Additional Standards. See EMC 18.08.030 and 18.08.160 pertaining to general and supplementary provisions, for requirements concerning accessory buildings and additional standards.

H. Signs. The sign regulations of Chapter 18.06 EMC shall apply.

I. Off-Street Parking. The off-street parking regulations of Chapter 18.05 EMC shall apply. (Ord. 2019-10 § 2 (Exh. A), 2019; Ord. 2018-13 § 3 (Exh. A), 2018; Ord. 2010-12 § 2, 2010; Ord. 99-23 § 6, 1999; Ord. 98-02 § 1, 1998; Ord. 94-06 § 2, 1994).

18.04.020 SF-2 – Single-family residential district, medium density.

It is the purpose of the SF-2 single-family residential district to stabilize and preserve medium density residential neighborhoods.

A. Lot Area. Minimum lot area is 8,400 square feet.

B. Minimum Zoning. Minimum zoning area is 15,000 square feet (three lots).

C. Principally Permitted Uses. Principally permitted uses are as follows:

1. One single-family dwelling per lot;

2. Crop and tree farming;

3. Group homes class I-A and I-B.

D. Special Permit Uses. The following uses are permitted provided they conform to the development standards listed in EMC 18.08.020:

1. Churches;

2. Nursery schools and day care centers;

3. Electric vehicle battery charging stations, Levels 1 and 2.

E. Accessory Uses. Permitted accessory uses are as follows:

1. Accessory uses and buildings customarily appurtenant to a permitted use, such as garages, carports and minor structures for storage of personal property;

2. Rooming and boarding of not more than three persons;

3. Customary incidental home occupations subject to the provisions of EMC 18.04.040;

4. A single accessory dwelling unit subject to the provisions of EMC 18.08.045.

F. Conditional Uses. Conditional uses are as follows:

1. General conditional uses listed in EMC 18.08.030;

2. Cottage housing in accordance with Chapter 19.06 EMC;

3. Electric vehicle battery charging stations; Level 3 subject to compliance with the development standards of EMC 18.08.020.

G. Development Standards.

1. Minimum lot area is 8,400 square feet.

2. Minimum lot width is 60 feet.

3. Maximum site coverage is 40 percent.

4. Minimum yard requirements:

a. Front Yard. Minimum front yard is 25 feet.

b. Side Yard. Minimum side yard is eight feet.

d. Side Yard on Flanking Street of Corner Lot. Minimum side yard on the flanking street of a corner lot is 15 feet.

5. Height Limitation. The height of structures shall not exceed 28 feet.

6. Interior Yards. Interior yards shall not be computed as part of the site coverage.

7. Landscaping. The landscaping requirements of Chapter 18.07 EMC shall apply.

8. Additional Standards. See Chapter 18.08 EMC, pertaining to general and supplementary provisions, for requirements concerning accessory buildings and additional standards.

H. Signs. The sign regulations of Chapter 18.06 EMC shall apply.

I. Off-Street Parking. The off-street parking regulations of Chapter 18.05 EMC shall apply. (Ord. 2019-10 § 2 (Exh. A), 2019; Ord. 2018-13 § 3 (Exh. A), 2018; Ord. 2010-12 § 3, 2010; Ord. 99-23 § 7, 1999; Ord. 98-02 § 1, 1998; Ord. 96-11 § 3, 1996; Ord. 94-06 § 2, 1994).

18.04.025 SF-3 – Single-family residential district, high density.

It is the purpose of the SF-3 single-family residential district to stabilize and preserve older established residential neighborhoods.

A. Lot Area. Minimum lot area is 6,000 square feet.

B. Minimum Zoning. Minimum zoning area is 15,000 square feet (three lots).

C. Principally Permitted Uses. Principally permitted uses are as follows:

1. One single-family dwelling per lot;

2. Crop and tree farming;

3. Group homes class I-A and I-B.

D. Special Permit Uses. The following uses are permitted provided they conform to the development standards listed in EMC 18.08.020:

1. Churches;

2. Nursery schools and day care centers;

3. Electric vehicle battery charging stations, Levels 1 and 2.

E. Accessory Uses. Permitted accessory uses are as follows:

1. Accessory uses and buildings customarily appurtenant to a permitted use, such as garages, carports and minor structures for storage of personal property;

2. Rooming and boarding of not more than three persons;

3. Customary incidental home occupations subject to the provisions of EMC 18.08.040;

4. A single accessory dwelling unit subject to the provisions of EMC 18.08.045.

F. Conditional Uses. Conditional uses are as follows:

1. General conditional uses as listed in EMC 18.08.030;

2. Cottage housing in accordance with Chapter 19.06 EMC;

3. Electric vehicle battery charging stations, Level 3 subject to compliance with the development standards of EMC 18.08.020.

G. Development Standards.

1. Minimum lot area is 6,000 square feet.

2. Minimum lot width is 50 feet.

3. Maximum site coverage is 40 percent.

4. Minimum yard requirements:

a. Front Yard. Minimum front yard is 25 feet, except that the minimum front yard depth may be reduced to eight feet for lots with alley access if:

i. A covenant is recorded on the property prohibiting vehicular access to the front street; and

ii. Improved off-street parking and paved vehicular access from the alley is built; and

iii. Front yard setback at any corner lot is no less than the required side yard setback.

b. Side Yard. Minimum side yard is eight feet.

d. Side Yard on Flanking Street of Corner Lot. Minimum side yard on the flanking street of a corner lot is 15 feet.

5. Height Limitation. The height of structures shall not exceed 28 feet.

6. Interior Yards. Interior yards shall not be computed as part of the site coverage.

7. Landscaping. The landscaping requirements of Chapter 18.07 EMC shall apply.

8. Additional Standards. See Chapter 18.08 EMC, pertaining to general and supplementary provisions, for requirements concerning accessory buildings and additional standards.

H. Signs. The sign regulations of Chapter 18.06 EMC shall apply.

I. Off-Street Parking. The off-street parking regulations of Chapter 18.05 EMC shall apply. (Ord. 2019-10 § 2 (Exh. A), 2019; Ord. 2018-13 § 3 (Exh. A), 2018; Ord. 2010-12 § 4, 2010; Ord. 99-23 § 8, 1999; Ord. 99-18 § 1, 1999; Ord. 98-02 § 1, 1998; Ord. 96-11 § 4, 1996; Ord. 94-06 § 2, 1994).

18.04.030 MF-1 – Multifamily residential district, medium density.

It is the purpose of the multifamily residential district, MF-1, to provide for a moderate increase in population density and allow for a greater variety of housing types.

A. Principally Permitted Uses. Principally permitted uses are as follows:

1. Single-family dwellings;

2. Duplexes;

3. Multiple-family dwellings, including apartments and townhouses;

4. Group homes class I-A and I-B;

5. Crop or tree farming; and

6. Cottage housing in accordance with Chapter 19.06 EMC.

B. Special Permit Uses. The following uses are permitted provided they conform to the development standards listed in EMC 18.08.020:

1. Churches;

2. Nursery schools and day care centers;

3. Electric vehicle battery charging stations, Levels 1 and 2.

C. Accessory Uses. Permitted accessory uses are as follows:

1. Accessory uses and buildings customarily appurtenant to a permitted use, such as garages, carports and minor structures for storage of personal property;

2. Rooming and boarding of not more than three persons;

3. Customary incidental home occupations subject to the provisions of EMC 18.08.040;

4. Offices incidental and necessary to the conduct of a principally permitted use.

D. Conditional Uses. Conditional uses are as follows:

1. General conditional uses as listed in EMC 18.08.030;

2. Group homes class I-C, II-A, II-B and II-C;

3. Mobile home parks;

4. Electric vehicle battery charging stations, Level 3 subject to compliance with the development standards of EMC 18.08.020.

E. Development Standards.

1. Single-Family Dwellings and Duplexes. For single-family dwellings and duplexes, the development standards of EMC 18.04.010 and 18.04.020 shall apply.

2. Multifamily Dwelling Units. The following shall apply to multifamily dwellings:

a. Minimum Lot. Minimum lot area is 8,500 square feet for the first two dwelling units, and 2,500 square feet for each additional dwelling unit.

b. Minimum Lot Width. Minimum lot width is 80 feet.

c. Density. Maximum density is 16 dwelling units per acre.

d. Maximum site coverage is 45 percent.

e. Minimum yard requirements:

i. Front Yard. Minimum front yard is 25 feet.

ii. Side Yard. Each side yard shall be a minimum of eight percent of the lot width; however, regardless of lot width, the yard width need not be more than 30 feet.

iii. Rear Yard. Minimum rear yard is 20 feet.

iv. Side Yard on Flanking Street of Corner Lot. Minimum side yard on the flanking street of a corner lot is 15 feet.

f. Distance Between Buildings.

i. An inner court providing access to a double-row building shall be a minimum of 20 feet.

ii. The distance between principal buildings shall be at least one-half the sum of the height of both buildings; provided, however, that in no case shall the distance be less than 12 feet. This requirement shall also apply to provisions of the same building separated from each other by a court or other open space.

g. Landscaping. The landscaping requirements of Chapter 18.07 EMC shall apply.

h. Height Limitation. Height limitation is three stories, not exceeding 40 feet.

i. Additional Standards. See Chapter 18.08 EMC, pertaining to general and supplementary provisions, for requirements concerning accessory buildings and additional standards.

F. Signs. The sign regulations of Chapter 18.06 EMC shall apply.

G. Off-Street Parking.

1. The off-street parking regulations of Chapter 18.05 EMC shall apply.

2. Off-street parking may be located in required yards except for the front 10 feet abutting any public right-of-way, which must be landscaped. No off-street parking is permitted in the required open green areas. (Ord. 2019-10 § 2 (Exh. A), 2019; Ord. 2010-12 § 5, 2010; Ord. 94-06 § 2, 1994).

18.04.040 MF-2 – Multifamily residential district, high density.

It is the purpose of the multifamily residential district, MF-2, to provide for a substantial increase in population density and allow for a greater variety of housing types.

A. Principally Permitted Uses. Principally permitted uses are as follows:

1. Single-family dwellings;

2. Duplexes;

3. Multiple-family dwellings, including apartments and townhouses;

4. Group homes class I-A, I-B and I-C;

5. Crop or tree farming; and

6. Cottage housing in accordance with Chapter 19.06 EMC.

B. Special Permit Uses. The following uses are permitted provided they conform to the development standards listed in EMC 18.08.020:

1. Churches;

2. Nursery schools and day care centers;

3. Electric vehicle battery charging stations, Levels 1 and 2.

C. Reserved.

D. Reserved.

E. Accessory Uses. Permitted accessory uses are as follows:

1. Accessory uses and buildings customarily appurtenant to a permitted use, such as garages, carports and minor structures for storage of personal property;

2. Rooming and boarding of not more than three persons;

3. Customary incidental home occupations subject to the provisions of EMC 18.08.040;

4. Offices incidental and necessary to the conduct of a principally permitted use.

F. Conditional Uses. Conditional uses are as follows:

1. General conditional uses as listed in EMC 18.08.030;

2. Group homes class II-A, II-B and II-C;

3. Mobile home parks;

4. Electric vehicle battery charging stations, Level 3 subject to compliance with the development standards of EMC 18.08.020.

G. Development Standards.

1. Single-Family Dwellings and Duplexes. For single-family dwellings and duplexes, the development standards of EMC 18.04.010 and 18.04.020 shall apply.

2. Multifamily Dwelling Units. The following shall apply to multifamily dwellings:

a. Minimum Lot. Minimum lot area is 8,500 square feet for the first two dwelling units, and 1,600 square feet for each additional dwelling unit.

b. Minimum Lot Width. Minimum lot width is 70 feet.

c. Density. Maximum density is 23 dwelling units per acre.

d. Maximum site coverage is 45 percent.

e. Minimum yard requirements:

i. Front Yard. Minimum front yard is 25 feet.

ii. Side Yard. Each side yard shall be a minimum of eight percent of the lot width; however, regardless of lot width, the yard width need not be more than 30 feet.

iii. Rear Yard. Minimum rear yard is 20 feet.

iv. Side Yard on Flanking Street of Corner Lot. Minimum side yard on the flanking street of a corner lot is 15 feet.

f. Distance Between Buildings.

i. An inner court providing access to a double-row building shall be a minimum of 20 feet.

g. Landscaping. The landscaping requirements of Chapter 18.07 EMC shall apply.

h. Height Limitation. Height limitation is three stories, not exceeding 40 feet.

i. Additional Standards. See Chapter 18.08 EMC pertaining to general and supplementary provisions, for requirements concerning accessory buildings and additional standards.

H. Signs. The sign regulations of Chapter 18.06 EMC shall apply.

I. Off-Street Parking.

1. The off-street parking regulations of Chapter 18.05 EMC shall apply.

18.04.110 C-1 – Downtown commercial district.

It is the purpose of the C-1 district to provide a place and create environmental conditions which will encourage the location of dense and varied retail, office, residential, civic and recreational activities which will benefit and contribute to the vitality of a central downtown location, to recognize and preserve the historic pattern of development in the area. In the C-1 area, permitted uses should be primarily pedestrian-oriented and able to take advantage of on-street and structured off-street parking lots.

A. Principally Permitted Uses in C-1 Zone. All of the uses below are permitted in the C-1 zoning district:

1. Retail establishments, including convenience goods, department and variety stores, and specialty shops such as apparel and accessories, gift shops, toy shops, card and paper goods shops, home and home accessory shops such as furniture stores and hardware stores, antique shops, and book shops; except, marijuana retail outlets shall not be allowed anywhere in the C-1 zoning district;

2. Personal services such as barber and beauty shops, dry cleaning, television and radio repair, shoe repair;

3. Food-related shops, restaurants (including outdoor seating areas and excluding drive-in restaurants and formula take-out food restaurants), night clubs, taverns;

4. Professional and administrative offices;

5. Performing and cultural arts uses, such as theaters, museums, art galleries and studios;

6. Hotels;

7. Printing establishments, business services such as copy services;

8. Mortuaries;

9. Existing dwellings may be rebuilt, repaired and otherwise changed for human occupancy. Accessory uses for existing buildings may be constructed. Such uses are garages, carports, storage sheds and fences;

10. Parks;

11. Multifamily residential uses;

12. Multifamily residential uses for senior citizens;

13. Banks and financial institutions (including drive-through drop boxes but excluding any other drive-in services);

14. Group homes class I-A, I-B and I-C;

15. Any other use that is determined by the planning director to be of the same general character as the above-permitted uses and in accordance with the stated purpose of the district;

16. Single-family residential uses;

17. Automobile sales;

18. Automobile repair;

19. Automobile dealership;

20. Woodworking shops with four or less personnel on the premises, including but not limited to employees, owners, proprietors, managers and sales agents.

B. Special Permit Uses. The following uses are permitted; provided, that they conform to the development standards listed in EMC 18.08.020:

1. Day care centers with no more than 12 children and no on-site parking;

2. Formula take-out food restaurants;

3. Electric vehicle battery charging stations, Levels 1, 2 and 3.

C. Accessory Uses. Permitted accessory uses are as follows:

1. Accessory uses and buildings customarily appurtenant to a permitted use, such as incidental storage facilities, which must be enclosed, and loading and unloading areas;

2. For permitted uses, hazardous substance land uses, including on-site hazardous waste treatment and/or storage facilities which do not accumulate more than 5,000 pounds of hazardous substances or wastes or any combination thereof at any one time on site, subject to the provisions of EMC 18.08.050(D)(9), except off-site hazardous waste treatment and/or storage facilities which are not permitted in this district.

D. Conditional Uses. Conditional uses are as follows:

1. Commercial parking lots or structures;

2. Railway and bus depots, taxi stands;

3. Group homes class II-A, II-B, II-C and III;

4. General conditional uses as listed in EMC 18.08.030;

5. Woodworking shops with five or more personnel on the premises, including, but not limited to, employees, owners, proprietors, managers and sales agents. Conditions for woodworking shops appear in EMC 18.08.030;

6. Drive-throughs.

E. Development Standards. The development standards are as follows:

1. Minimum Lot. Minimum lot of record or 5,000 square feet, whichever is less;

2. Maximum Site Coverage. One hundred percent;

3. Setbacks. None except as required by landscaping, or if off-street parking is provided on site;

4. Height Limitation. Three stories or 40 feet;

5. Landscaping. The landscaping requirements of Chapter 18.07 EMC shall apply;

6. Building construction shall conform to the following criteria:

a. Visible walls shall be of lap siding, brick, stone, or stucco with no more than 50 percent glazing of any wall and glazing area calculated to include all mullions and jambs;

b. Roofs of buildings less than 25 feet tall shall be no flatter than four feet horizontal to one foot vertical and shall be finished with dark earth-toned flat tiles, shakes, textured shingles, or metal panels.

F. Signs. The sign requirements of Chapter 18.06 EMC shall apply.

G. Off-Street Parking. The off-street parking requirements of Chapter 18.05 EMC shall apply. (Ord. 2019-10 § 2 (Exh. A), 2019; Ord. 2019-04 § 2 (Exh. A), 2019; Ord. 2019-02 § 2 (Exh. B), 2019; Ord. 2007-17, 2007; Ord. 99-11 §§ 4, 5, 1999; Ord. 99-06 § 6, 1999; Ord. 94-06 § 2, 1994).

18.04.140 C-2 – General commercial district.

The purpose and intent of the general commercial district is to recognize the existence of commercial areas developed in strips along certain major thoroughfares; to provide use incentives and development standards which will encourage the redevelopment and upgrading of such areas; to provide for a range of trade, service, entertainment and recreation land uses which occur adjacent to major traffic arterials and residential uses; and to provide areas for development which are automobile-oriented and designed for convenience, safety and the reduction of the visual blight of uncontrolled advertising signs, traffic control devices and utility equipment.

A. Principally Permitted Uses. Principally permitted uses are as follows:

1. Trade.

a. Wholesale. Bakery.

b. Retail – General Merchandise.

i. Department stores;

ii. Dry goods and general merchandise;

iii. Electrical supplies;

iv. Farm equipment;

v. Hardware;

vi. Heating and plumbing equipment;

vii. Lumberyards;

viii. Mail order houses;

ix. Merchandise vending machine operators;

x. Paint, glass and wallpaper;

xi. Variety stores.

c. Retail – Food.

i. Bakeries, with accessory manufacturing;

ii. Candy, nut and confectionery, with accessory manufacturing;

iii. Dairy products;

iv. Fruits and vegetables;

v. Groceries;

vi. Meat, fish and poultry;

d. Retail – Automotive, Marine Craft, Aircraft and Accessories.

i. Aircraft and accessories;

ii. Marine craft and accessories;

iii. Motor vehicles (new or used cars and recreation vehicles);

iv. Tires, batteries and accessories;

v. Gasoline service stations.

e. Retail – Apparel and Accessories. New or used apparel and accessories.

f. Retail – Furniture, Home Furnishings and Equipment. New or used and finished or unfinished furniture, home furnishings and equipment.

g. Retail – Eating and Drinking Establishments.

i. Drinking establishments (taverns and cocktail lounges);

ii. Eating establishments (restaurants, including formula take-out food restaurants).

h. Retail – Other.

i. Antiques;

ii. Bicycles;

iii. Books;

iv. Bottled gas;

v. Cameras and photographic supplies;

vi. Cigars and cigarettes;

vii. Computers and software;

viii. Drug and proprietary items;

ix. Florists;

x. Fuel and ice dealers;

xi. Fuel oil;

xii. Gifts, novelties and souvenirs;

xiii. Hay, grains and feeds;

xiv. Jewelry;

xv. Liquor;

xvi. Newspapers;

xvii. Optical goods;

xviii. Pets and pet supplies;

xix. Secondhand merchandise;

xx. Sporting goods;

xxi. Stationery;

xxii. Videocassette sales and rentals;

xxiii. Marijuana retail.

2. Services.

a. Finance, Insurance and Real Estate Services.

i. Banking and related services;

ii. Commodity brokers, dealers and related services;

iii. Housing and investment services;

iv. Insurance brokers, agents and related services;

v. Insurance carriers;

vi. Real estate agents, brokers and related services;

vii. Real estate operators, lessors and management services;

viii. Real estate subdividing and developing services;

ix. Security brokers and dealers and related services;

x. Title abstracting and insurance services.

b. Personal Services.

i. Beauty and barber services;

ii. Diaper services;

iii. Funeral and crematory services;

iv. Laundering and dry cleaning (self services);

v. Laundering, dry cleaning and dyeing services;

vi. Linen supply and industrial laundry services;

vii. Photographic services;

viii. Pressing, alteration and garment repair;

ix. Rug cleaning and repair services;

x. Shoe repair, shoe shining and hat cleaning services.

c. Business Services.

i. Advertising services;

ii. Automobile and truck rental;

iii. Blueprinting and photocopying services;

iv. Business and management consulting services; adjustment and collection services;

v. Consumer and mercantile credit reporting services; adjustment and collection services;

vi. Detective and protective services;

vii. Disinfecting and exterminating services;

viii. Employment services;

ix. Equipment rental and leasing services;

x. Food lockers without food preparation facilities;

xi. Motion picture distribution and services;

xii. News syndicate services;

xiii. Other dwelling and business services;

xiv. Outdoor advertising services;

xv. Photo finishing services;

xvi. Research, development and testing services;

xvii. Stenographic services and other duplicating and mailing services;

xviii. Trading stamp services;

xix. Window cleaning services.

d. Repair Services.

i. Armature rewinding services;

ii. Automobile repair services;

iii. Automobile wash services;

iv. Electrical repair services;

v. Fleet vehicle maintenance;

vi. Radio and television repair services;

vii. Reupholster and furniture repair services;

viii. Small engine repair;

xix. Truck repair;

x. Watch, clock and jewelry repair services.

e. Professional Services.

i. Accounting, auditing and book-keeping services;

ii. Educational and scientific research services;

iii. Engineering and architectural services;

iv. Hospital services;

v. Legal services;

vi. Medical and dental laboratory services;

vii. Medical and dental services;

viii. Medical clinic, outpatient services;

ix. Sanitarium, convalescent and rest home services;

x. Urban planning services.

f. Contract Construction Services.

i. Building construction, general contractor services;

ii. Carpentering, wood flooring, and woodworking shops;

iii. Concrete services;

iv. Electrical services;

v. Masonry stonework, tile setting and plastering services;

vi. Painting, paper hanging and decorating services;

vii. Plumbing, heating and air conditioning services;

viii. Roofing and sheet metal services;

ix. Water well drilling services.

g. Educational Services.

i. Art and music schools;

ii. Barber and beauty schools;

iii. Business and stenographic schools;

iv. Correspondence schools;

v. Dancing schools;

vi. Driving schools, auto;

vii. Driving schools, truck;

viii. Vocational or trade schools.

h. Miscellaneous Services.

i. Animal grooming parlors;

ii. Business associations and organizations;

iii. Civic, social and fraternal associations;

iv. Labor unions and similar labor organizations;

v. Veterinary clinics and animal hospital services when located no closer than 150 feet to any residential use, providing the animals are housed indoors, with no outside runs, and the building is soundproofed. Soundproofing must be designed by competent acoustical engineers;

vi. Welfare and charitable services.

3. Residential.

a. Lodgings.

i. Hotels;

ii. Motels.

b. Existing dwellings may be rebuilt, repaired and otherwise changed for human occupancy. Accessory uses for existing dwellings may be constructed. Such uses are garages, carports, storage sheds and fences.

c. Transitional housing facilities, limited to a maximum of 20 residents at any one time and four resident staff.

d. Housing.

i. Single-family residential uses;

ii. Multifamily residential uses.

4. Cultural, Entertainment and Recreational.

a. Cultural Activities and Nature Exhibitions.

i. Art galleries;

ii. Historic and monument sites.

b. Public Assembly.

i. Amphitheaters;

ii. Arenas and field houses;

iii. Auditoriums;

iv. Drive-in movies;

v. Exhibition halls;

vi. Legitimate theaters (live);

vii. Motion picture theaters;

viii. Stadiums.

c. Amusements and Recreation.

i. Amusement parks;

ii. Athletic clubs;

iii. Bowling;

iv. Fairgrounds;

v. Go-cart tracks;

vi. Golf driving ranges;

vii. Miniature golf;

viii. Skating (roller or ice);

ix. Tennis;

x. Video arcades.

5. Other Uses.

a. Other retail trade, service or entertainment or recreational uses that are of the same general character as those listed in this subsection, which are deemed compatible with other permitted uses in this district and which operate in accordance with the stated purpose of this district.

b. Municipal uses and buildings.

B. Special Permit Uses. The following uses are permitted:

1. Nursery schools and day care centers;

2. Churches;

3. Drive-in restaurants;

4. Electric vehicle battery charging stations, Levels 1, 2 and 3 subject to compliance with the development standards of EMC 18.08.020.

C. Accessory Uses. Permitted accessory uses are as follows:

1. Accessory uses and buildings customarily appurtenant to a permitted use, such as incidental storage facilities;

2. For permitted uses, hazardous substance land uses, including on-site hazardous waste treatment or storage facilities which do not accumulate more than 10,000 pounds of hazardous substances or wastes or any combination thereof at any one time on the site, subject to the provisions of EMC 18.08.050(D)(9), except off-site hazardous waste treatment or storage facilities, which are not permitted in this district.

D. Conditional Uses. Conditional uses are as follows:

1. Printing and publishing establishments, and accessory uses and buildings customarily appurtenant to such use;

2. Mini warehouses and self-service storage;

3. General conditional uses as listed in EMC 18.08.030, except for transitional housing with a maximum of 20 residents and four staff;

4. Kennels;

5. For permitted uses, accessory hazardous substance land uses which are not subject to cleanup requirements which accumulate more than 10,000 pounds of hazardous substances or wastes or any combination thereof at any one time on the site in any 30-day period of time, subject to the provisions of EMC 18.08.050(D)(9), except off-site hazardous waste treatment or storage facilities, which are not permitted in this district;

6. Group homes class I-A, I-B, I-C, II-A, II-B, II-C and III;

7. Recreational vehicle parks.

E. Development Standards.

1. Minimum Lot. Minimum lot area is 10,000 square feet.

2. Maximum Site Coverage. Maximum site coverage is 65 percent.

3. Front Yard. There shall be a front yard of at least 25 feet in depth.

4. Side Yard. No side yard is required, except when a side yard abuts a residential district, and then a 20-foot side yard shall be required.

5. Rear Yard. No rear yard is required, except when a rear yard abuts a residential district, and then a 20-foot rear yard shall be required.

6. Height Limitations. The height limitation is 40 feet, three stories.

7. Landscaping. The landscaping requirements of Chapter 18.07 EMC shall apply.

8. Outdoor Storage. Outdoor storage areas shall be fenced for security and public safety by a sight-obscuring fence unless it is determined through the development plan review that a sight-obscuring fence is not necessary.

9. Building construction shall conform to the following criteria:

a. Visible walls shall be of lap siding, brick, stone, or stucco with no more than 50 percent glazing of any wall and glazing area calculated to include all mullions and jambs;

F. Signs. The sign regulations of Chapter 18.06 EMC shall apply.

G. Off-Street Parking.

1. The off-street parking requirements of Chapter 18.05 EMC shall apply.

2. Off-street parking may be located in required yards, except in areas required to be landscaped. (Ord. 2019-10 § 2 (Exh. A), 2019; Ord. 2019-04 § 2 (Exh. A), 2019; Ord. 2018-13 § 3 (Exh. A), 2018; Ord. 2007-17, 2007; Ord. 99-11 §§ 6, 7, 1999; Ord. 94-06 § 2, 1994).

18.04.145 Curb cuts.

When prohibited in SF-1, SF-2, SF-3, MF-1, MF-2, MU and C-1 zones:

Front yard curb cuts in the SF-1, SF-2, SF-3, MF-1, MF-2, MU and C-1 zones are hereby restricted as follows:

No driveway or curb cut shall be installed onto a named street for any development for which access can be provided from an existing alley, unless:

A. At least 50 percent of the existing house lots or commercial structure on the same block as the proposed development have existing curb cuts, and provision is made for on-site turn around of parked vehicles, such that neither entering nor existing vehicles must back over the sidewalk to exit the premises; or

B. The public works director determines that the curb cut will have no significant adverse effect on vehicles or pedestrian traffic; or

C. A street or pedestrian plan adopted by the town shows that no provision for pedestrian access is to be made on this street in question. (Ord. 2006-04 § 1, 2006; Ord. 98-02 § 2, 1998. Formerly 18.04.050).

18.04.150 MU – Mixed use district.

The purpose of the MU district is to implement the policies adopted in the land use element of the comprehensive plan. This zone district is intended to provide a high level of diversity in housing types, including townhouses and flats ranging from two to three stories. In addition, ground floor neighborhood-scale commercial and/or office uses are encouraged to create a cohesive pedestrian-oriented community. These uses are designed to complement and support the downtown commercial development.

A. Principal Uses. Principal uses are:

1. Multifamily dwellings (i.e., apartments, townhouses, condominiums, and duplexes);

2. Single-family detached and attached dwellings; and

3. Nursing homes, retirement homes, convalescent centers, and congregate care residential facilities.

B. Secondary Uses. Secondary uses are:

1. For projects that include frontage on an arterial or collector street, neighborhood-scale commercial and/or office uses (consistent with the commercial uses permitted in EMC 18.04.140, C-2 – General commercial district) are permitted on the ground floor of buildings. The neighborhood-scale commercial and office uses shall front on the arterial and collector streets and associated street intersections.

a. Except marijuana retail outlets shall not be allowed in the mixed use district.

2. Home occupations in accordance with EMC 18.08.040.

3. Accessory buildings that are subordinate to the principal building and are incidental to the use of the principal building on the same lot.

4. Electric vehicle battery charging stations; Levels 1, 2 and 3 subject to compliance with the development standards of EMC 18.08.020.

C. Conditional Uses. Conditional uses shall be processed in accordance with EMC 18.09.030. Conditional uses are:

1. Day care centers;

2. Adult family home or day care;

3. Public facilities and utilities and essential public facilities;

4. Wireless and cellular communication facilities;

5. Religious facilities; and

6. Schools.

D. Review Requirements. All development in this district shall be processed as a planned unit development (PUD), EMC 18.04.190.

E. Density. The minimum density is six housing units per net acre with a maximum density of 15 housing units per net acre. Up to 23 housing units per net acre are permitted within developments that incorporate commercial and/or office uses on the ground floor.

To qualify for the density bonus, in mixed use projects the equivalent of 30 percent of the ground floor area (building footprint/gross area) of those structures fronting an arterial or a collector street shall be developed with retail or commercial uses.

F. Maximum Lot Coverage. The maximum lot coverage shall be:

1. Forty percent; or

2. Fifty percent if a development incorporates retail uses on the first floor.

G. Maximum Height. The maximum height shall be 40 feet or three stories.

H. Street Setbacks. Street setbacks shall be 15 feet minimum from the back sidewalk or 20 feet minimum from the back of curb.

I. Side Yard Setbacks. Side yard setbacks shall be no less than five feet each or 10 feet in total or more if determined by the fire chief.

J. Rear Yard Setbacks. Rear yard setback requirements are zero feet unless determined otherwise by the fire chief.

K. Landscaping. Landscaping requirements for the C-2 general commercial district in Chapter 18.07 EMC shall apply.

L. Off-Street Parking. Off-street parking requirements for residential and commercial uses in Chapter 18.05 EMC shall apply.

M. Sign Regulations. Sign regulations for commercial uses in Chapter 18.06 EMC shall apply. (Ord. 2019-10 § 2 (Exh. A), 2019; Ord. 2019-04 § 2 (Exh. A), 2019; Ord. 2006-04 § 2, 2006).

18.04.180 I – Industrial district.

The purpose of the I district is to provide areas suitable for a broad range of industrial activities whose characteristics are of a light industrial nature. Development standards are aimed at maintaining an efficient and desirable industrial area.

A. Principally Permitted Uses. The following list is illustrative of the types of permitted uses and is not intended to be exclusive:

1. Manufacturing, processing, assembling and packaging of articles, products or merchandise from previously prepared natural or synthetic materials, including, but not limited to, asbestos, bristles, bone, canvas, cellophane and similar synthetics, chalk, clay (pulverized only, with gas or electric kilns), cloth, cork, feathers, felt, fiber, fur, glass (including glass finishing), graphite, hair, horn, leather, paints (except boiling processes), paper, paraffin, plastic and resins, precious or semiprecious metals or stones, putty, pumice, rubber, shell, textiles, tobacco, wire, wood, wool and yarn;

2. Manufacturing, processing, treating, assembling and packaging of articles, products or merchandise from previously prepared ferrous, nonferrous or alloyed metals (such as bar stock, sheets, tubes, and wire and other extrusions), including light foundry casting and forging operations and other forming operations;

3. Printing, publishing and allied industries, including such processes as lithography, etching, engraving, binding, blueprinting, photocopying, film processing and similar operations or activities;

4. Manufacturing, processing, blending and packaging of the following:

a. Drugs, pharmaceuticals, toiletries and cosmetics;

b. Food and kindred products, such as confectionery products, chocolate, cereal breakfast foods, bakery products, paste products, fruits and vegetables, beer, beverages (except fermenting and distilling), prepared food specialties (such as coffee, dehydrated and instant foods, extracts, spices and dressings), previously butchered meat or seafood packaging, freezing and processing (excluding rendering, curing, canning or slaughtering) and similar products;

c. Dairy products and byproducts such as milk, cream, cheese and butter, including the processing and bottling of fluid milk and cream and wholesale distribution;

5. Warehousing and distribution facilities and the storage of goods or products, including rail-truck transfer facilities;

6. Crop and tree farming;

7. Administrative or executive offices which are part of a predominant industrial operation;

8. Scientific research, testing and experimental development laboratories;

9. Establishments engaged in electronic, automotive, aerospace, missile, airframe or related manufacturing and assembly activities, including precision machine shops producing parts, accessories, assemblies, systems, engines, major components and whole electronic or electrical devices, automobiles, aircraft, missiles, aerospace or underwater vehicles or similar products, but specifically excluding explosive fuels and propellants;

10. Manufacturing, processing, assembling and packaging of precision components and products, including precision machine shops for products such as radio and television equipment, home appliances, scientific, optical, medical, dental and optical goods, phonograph records and prerecorded audiovisual tape, measurement and control devices, sound equipment and supplies, personal accessories, and products of similar character;

11. Headquarters offices of industrial operations;

12. Alcoholic beverages processes, such as distilling and fermenting;

13. Automobile service center;

14. Retail and service uses as listed in this subsection (A)(14). These uses are intended primarily to serve the needs of the industrial area, are compatible with the permitted types of industrial uses, and will not interfere with the orderly development of the industrial area. Such uses shall be limited to 25 percent of the gross floor area of any single- or multi-building development. Retail and service uses which exceed the 25 percent limit on an individual or cumulative basis shall be subject to review individually through the conditional use permit process.

a. Retail Trade Uses.

i. Merchandise vending machine operators;

ii. Tires, batteries and accessories (industrial sales);

iii. Eating places, except drive-ins or those with drive-through facilities.

b. Service Uses.

i. Finance, Insurance and Real Estate Services.

(A) Banking and related services;

(B) Security brokers and dealers and related services;

(D) Insurance carriers;

(E) Insurance brokers and agents and related services;

(F) Real estate operators, lessors and management services;

(G) Real estate agents and brokers and related services;

(H) Real estate subdividing and developing services;

(I) Housing and investment services.

ii. Personal Services.

(A) Linen supply and industrial laundry services;

(B) Diaper services;

(D) Photographic services;

(E) Beauty and barber services;

(F) Fur repair and storage services.

iii. Business Services.

(A) Advertising services (general);

(B) Outdoor advertising services;

(D) Direct mail advertising services;

(E) Stenographic services and other duplicating and mailing services;

(F) Window cleaning services;

(G) Disinfecting and exterminating services;

(H) News syndicate services;

(I) Employment services;

(J) Food lockers, with or without food preparation facilities;

(K) Business and management consulting services;

(L) Detective and protective services;

(M) Equipment rental and leasing services;

(N) Automobile and truck rental services;

(O) Motion picture distribution services;

(P) Travel agencies.

iv. Repair Services.

(A) Electrical repair services;

(B) Radio and television repair services;

(D) Armature rewinding services.

v. Professional Services.

(A) Medical and dental laboratory services;

(B) Legal services;

(D) Educational and scientific research services;

(E) Accounting, auditing and bookkeeping services;

(F) Urban planning services;

(G) Counseling services.

vi. Contract Construction Services.

(A) Building construction, general contractor services;

(B) Plumbing, heating and air conditioning services;

(D) Electrical services;

(E) Masonry, stonework, tile setting and plastering services;

(F) Carpentering and wood flooring;

(G) Roofing and sheet metal services;

(H) Concrete services;

(I) Water well drilling services.

vii. Educational Services.

(A) Vocational or trade schools;

(B) Business and stenographic schools;

viii. Miscellaneous Services.

(A) Business associations and organizations;

(B) Labor unions and similar labor organizations.

Other retail trade and service uses are permitted which may be deemed by the planning director to be of the same general character as and compatible with those uses listed in this subsection (A)(14);

15. Gymnastic schools and similar uses;

16. Health and fitness clubs and facilities;

17. Other similar uses which the planning director finds compatible with the principally permitted uses described in this subsection A, consistent with the purpose and intent of the I district and not of a type to adversely affect the use of adjoining properties;

18. Existing dwellings may be rebuilt, repaired and otherwise changed for human occupancy. Accessory uses for existing dwellings may be constructed. Such uses are garages, carports, storage sheds and fences;

19. Municipal uses and buildings;

20. Gasoline service stations, with or without retail convenience grocery sales;

21. Nursery schools and day care centers;

22. Adult uses;

23. Marijuana producer and marijuana processor;

24. Electric vehicle battery charging stations, Levels 1, 2 and 3 subject to compliance with the development standards of EMC 18.08.020.

B. Reserved.

C. Accessory Uses. The following are the accessory uses permitted in the I district:

1. Repair operations for products described as principally permitted uses and sales and service incidental to a principally permitted use, provided such operations are housed as part of the buildings comprising the basic operations;

2. Dwelling units, limited to not more than one per establishment, for security or maintenance personnel and their families, when located on the premises where they are employed in such capacity. No other residential use shall be permitted;

3. Employee recreation facilities and play areas;

4. Restaurant, cafe or cafeteria operated in conjunction with a principally permitted use for the convenience of persons employed on the premises;

5. Nursery schools and day care facilities operated in conjunction with a permitted use;

6. Other accessory uses and buildings customarily appurtenant to a principally permitted use;

7. For permitted uses, hazardous substance land uses, including on-site hazardous waste treatment or storage facilities, which are not subject to cleanup permit requirements of this chapter and which do not accumulate more than 20,000 pounds of hazardous substances or wastes or any combination thereof at any one time on the site, subject to the provisions of EMC 18.08.050. Off-site hazardous waste treatment or storage facilities are not permitted in this district, except through a special use combining district.

D. Conditional Uses. The following are the types of conditional uses permitted in the I district, subject to approval by the board of adjustment. The list of conditionally permitted uses is illustrative of the types of uses which shall be permitted and is not intended to be exclusive.

1. Any principally permitted use whose operations are predominantly conducted out-of-doors rather than completely enclosed within a building;

2. Any type of principally permitted use whose operations are predominately for the repair of products described rather than the manufacturing or processing of such products;

3. Retail and service uses as listed in subsection (A)(14) of this section which individually or on a cumulative basis exceed 25 percent of the gross floor area of any single- or multi-building development. Conditional use permits shall be required on an individual tenant or business basis and shall be granted only when it is demonstrated that the operational characteristics of the use will not adversely impact on-site or off-site conditions on either an individual or cumulative basis;

4. General conditional uses as listed in EMC 18.08.030, including public facilities and utilities and essential public facilities;

5. Principally permitted uses in the C-2 districts;

6. Manufacturing of paint;

7. Source separation and recovery of recyclable materials for solid wastes;

8. For permitted uses, accessory hazardous substance land uses which accumulate more than 20,000 pounds of hazardous substances or wastes or any combination thereof at any one time on the site, subject to the provisions of EMC 18.08.050 (D)(9). Off-site hazardous waste treatment or storage facilities are not permitted in this district, except through a special use combining district;

9. Single-family residential and multifamily residential uses.

E. Development Standards.

1. Minimum Lot. Minimum lot area is 20,000 square feet.

2. Maximum Site Coverage. Maximum site coverage is 65 percent.

3. Yards, Generally.

a. Front Yard. The minimum front yard setback shall be related to the classification of the adjacent street. This classification shall be determined by the town public works director. The setbacks are as follows:

i. Properties fronting on arterials and collector streets shall have a minimum setback of 40 feet;

ii. Properties fronting on local access streets shall have a minimum setback of 30 feet.

b. Side Yard on Flanking Street of Corner Lot. The minimum side yard on the flanking street of a corner lot shall be related to the classification of the adjacent street. This classification shall be determined by the town public works director. The setbacks are as follows:

i. Properties fronting on arterials and collector streets shall have a minimum setback of 40 feet;

ii. Properties fronting on local access streets shall have a minimum setback of 30 feet.

c. Side Yard. The side yards shall have an aggregate width of 10 percent of the lot width, but the aggregate width need not be more than 30 feet. There shall be a minimum of 10 feet on each side.

d. Rear Yard. No rear yard is required, except as may be required by transitional conditions.

4. Yards, Transitional Conditions. Transitional conditions shall exist when an I district adjoins a residential district containing a density of two dwelling units or more per acre or a proposed residential area indicated on the town comprehensive plan. Such transitional conditions shall not exist where the separation includes an intervening use such as a river, freeway, railway main line, major topographic differential or other similar conditions, or where the industrial properties face on a limited access surface street on which the housing does not face. When transitional conditions exist as defined in this subsection (E)(4), a yard of not less than 50 feet shall be provided.

5. Height Limitation. The height limitation is two stories or 35 feet. Beyond this height, to a height not greater than either four stories or 60 feet, there shall be added one additional foot of yard for each one foot of additional building height. The planning director shall be authorized to approve one additional story, provided such height does not detract from the continuity of the industrial area, and may propose such conditions as may be necessary to reduce any incompatibility with surrounding uses. Any additional height increases may be granted by the board of adjustment.

6. Landscaping. The landscaping requirements of Chapter 18.07 EMC shall apply.

7. Outside Storage. Outside storage or operations yards shall be confined to the area to the rear of a line which is an extension of the front wall of the principal building, and shall be reasonably screened from view from any street by appropriate walls, fencing, earth mounds or landscaping.

8. Loading Areas.

a. Loading areas must be located in such a manner that no loading, unloading or maneuvering of trucks associated therewith takes place on public rights-of-way.

b. Earth berms and landscaping shall be provided along street frontages as necessary to screen dock-high loading areas from public rights-of-way. Berms shall be a minimum of 30 inches in height. Landscaping located on the berm shall conform to type III landscaping described in EMC 18.07.050(C) pertaining to visual buffers.

9. Multitenant Buildings. Multitenant buildings shall be permitted.

10. Improvement and Maintenance of Yards and Open Spaces. All required yards, parking areas, storage areas, operations yards and other open uses on the site shall be improved as required by this title and shall be maintained in a neat and orderly manner appropriate for the district at all times. The planning director shall be authorized to reasonably pursue the enforcement of this subsection (E)(10) where a use is in violation, and to notify the owner or operator of the use in writing of such noncompliance. The property owner or operator of the use shall be given a reasonable length of time to correct the condition.

F. Signs. The sign regulations of Chapter 18.06 EMC shall apply.

G. Off-Street Parking.

1. The off-street parking requirements of Chapter 18.05 EMC shall apply.

2. Those areas not required to be landscaped may be used for off-street parking.

H. Performance Standards. The performance standards as provided in EMC 18.08.050 shall apply. (Ord. 2019-10 § 2 (Exh. A), 2019; Ord. 2019-04 § 2 (Exh. A), 2019; Ord. 94-06 § 2, 1994).

18.04.185 AP – Aerospace district.

This district is intended to allow airport related activities such as runway, flight operations, aircraft storage, aircraft repair and maintenance, aircraft modification, commercial land uses, industrial land uses, and residential land uses.

A. Permitted Uses. The following uses are permitted, provided they do not violate the restrictions identified and listed in EMC 18.04.187.

1. Airport, heliport and aircraft tie-down areas;

2. Hangars, fuel depots, aircraft sales and repair facilities, and similar facilities pertaining to aircraft;

3. Single-family residential use as permitted in EMC 18.04.010;

4. Commercial uses as permitted in EMC 18.04.140;

a. Except marijuana retail outlets shall not be allowed in the AP – aerospace district.

5. Industrial uses as permitted in EMC 18.04.180;

a. Except marijuana producer and marijuana processor uses are prohibited in the AP – aerospace district.

6. Any structure customarily accessory to the above uses shall be permitted;

7. Flight instruction;

8. Aircraft rental;

9. Air taxi service;

10. Aircraft and parts manufacturing; and

11. Electric vehicle battery charging stations, Levels 1, 2 and 3 subject to compliance with the development standards of EMC 18.08.020.

B. Conditional Use. Conditional uses shall be processed in accordance with EMC 18.09.030. Conditional uses are:

1. Public facilities and utilities and essential public facilities;

2. Other uses as determined by the board of adjustment to be of a similar and compatible nature are permitted upon application and approval of a conditional use permit. In reviewing and granting a conditional use permit, the board of adjustment shall follow the conditional use permit procedures outlined in EMC 18.09.030.

C. Variances. The board of adjustment may grant a variance upon application and approval of a variance permit; provided, that the granted variance does not significantly endanger the operation of an aircraft and the lives and property in the aerospace district and its surrounding area. In reviewing and granting a variance, the board of adjustment shall follow the variance procedures outlined in EMC 18.04.187 and 18.09.040.

D. Restrictions. It is found that airport operations create a hazard that endangers the lives and property of users of the airport and of occupants of land or property in its vicinity. Therefore, it is necessary in the interest of the public health, public safety and general welfare that the creation or establishment of airport hazards be prevented by overlaying certain restrictions on development as specified below and further specified in EMC 18.04.187, Airport overlay zone.

1. No use may be made of land within the aerospace district in such manner as to create electrical interference with radio communication between the aircraft and the airport and air traffic control, making it difficult for fliers using the airport, impair visibility in the vicinity thereof, or otherwise endanger the landing, taking off or maneuvering of aircraft.

2. The planning commission may attach any reasonable restrictions and requirements to any parcel of land within the aerospace district and any parcel of land adjacent to or in the vicinity of the aerospace district as the planning commission deems necessary to protect the public health, safety and general welfare and to mitigate any adverse effects of proposed development that in the judgment of the planning commission is incompatible with the operation of the airport.

3. Any commercial use within the aerospace district shall provide for a six-foot-wide buffer on each side of the commercial use when it abuts residential property. If the adjacent residential properties are not as yet developed, the planning director may require, as a condition of issuing a building permit, a landscaping plan to be completed at a future date set by the planning commission. The planning commission shall have the authority to require a bond to secure performance of the future landscaping requirement.

4. No landscaping higher than one foot above ground shall be permitted in an area extending from the edge of the runway to a distance of 100 feet. Landscaping along streets and taxiways shall not exceed two feet in height in order to allow unobstructed taxiing of aircraft. Light poles and street signs are not permitted. Any lighting along streets and taxiways shall be at ground level, not exceeding one foot in height.

5. No building or structure in the aerospace district shall have a height greater than 28 feet for a residential structure and 38 feet for a commercial or industrial structure. No building or structure in the aerospace district is permitted to penetrate the height limitation set forth in EMC 18.04.187 without a board of adjustment approved variance as specified in EMC 18.04.187.

E. Minimum Lot Size. No lot within the aerospace district shall be less than 21, 500 square feet. The minimum lot width shall be 100 feet. All lots in this district shall abut a dedicated public street or shall have such other access as held suitable by the planning commission, meeting required road standards for private roads, or, if applicable, subdivisions.

F. Setback Requirements. Every front yard shall have a minimum setback requirement of 25 feet, and a minimum side yard setback of eight feet except for corner lots which shall have minimum side yard setback of 25 feet for the side yard facing another street. There shall be a minimum 25-foot setback from the rear property line. An accessory building which is detached and located within 10 feet of a rear or side property line provided said property line does not front on a street. All attached accessory structures shall comply with the setback requirements for the main structure.

G. Parking. All lots shall provide parking spaces in accordance with lot usage as set forth in Chapter 18.05 EMC. Hangars do not qualify as required parking spaces for automobiles.

H. Signs. No sign erected in the aerospace district shall exceed two feet in height, measured from ground level. (Ord. 2019-10 § 2 (Exh. A), 2019; Ord. 2019-04 § 2 (Exh. A), 2019; Ord. 2007-05 § 1, 2007; Ord. 2006-06 § 1, 2006).

18.04.187 Airport overlay zone.

A. Purpose and Intent. The purpose and intent of this section is to establish an airport overlay zoning district on properties located on, adjacent to, and in the vicinity of Eatonville Airport (Swanson Field), Washington, in order to protect the health, welfare, safety, and quality of life of the general public, property owners, airport operators, and aviation community; and also to ensure compatible land uses in the vicinity of the affected environments of the airport overlay zoning district.

B. Statutory Authority. This section is adopted pursuant to RCW 36.70A.547 and 36.70A.200 which require a county, city or town to enact development regulations, to discourage the siting of incompatible land uses adjacent to general aviation airports.

The incompatible land use regulations presented in this section differ from the state of Washington Department of Transportation, Aviation Division, planning guidelines that identify a set of suggested incompatible land uses adjacent to general aviation airports. The departure, however insignificant, is necessitated by the fact that Eatonville Airport (Swanson Field) was built and later expanded before the incompatible land use regulations adjacent to general aviation airports came into existence. Residential development was permitted close to the airport runway and other developments, such as schools, were permitted to be built adjacent to the airport property. At the time, these developments were considered to coexist safely with the airport operations. Today, the view at the state level has changed. Many of the early permitted developments are now being judged unsafe by the state agencies. This section attempts to find a compromise that recognizes the federal regulations and state planning guidelines and protects the rights and values of property owners at and around the airport. By adopting this section, the airport is safer than the alternative of doing nothing.

The federal regulations and state planning guidelines have been written to fit all airports, regardless of their size and geographic setting. What is good for Sea-Tac International Airport is unrealistic and unworkable in Eatonville. Eatonville Airport (Swanson Field) is a 22-aircraft recreational air park with fewer than one resident aircraft taking off and returning per day. This section is designed to meet the state requirement that a town shall enact development regulations to discourage the siting of incompatible land uses adjacent to general aviation airports by taking into consideration the federal regulations, the state planning guidelines, rights of property owners, the safety of aircraft operators, the safety of persons residing at and near the airport, the operators and patrons of businesses, the past development history at and near the airport, and the size and characteristic of the airport itself as a recreational air park with low level activity.

C. Definitions. As used in this section, unless the context otherwise requires:

1. “Airport” means Eatonville Airport (Swanson Field).

2. “Airport elevation” means 843 feet above mean sea level.

3. “Airport overlay zoning district” shall include the runway protection zone 1, inner safety zone 2, inner turning zone 3, outer safety zone 4, sideline safety zone 5, and the traffic pattern zone 6 as depicted on Map A*, Aircraft Accident Safety Zones, and numbered zones 1 through 6, respectively.

4. “Approach surface” means a surface longitudinally centered on the extended runway centerline, extending outward and upward from the end of the primary surface and along the same slope as the approach zone height limitation slope set forth in subsection (D)(1) of this section.

5. Approach, Transitional, Horizontal, and Conical Zones. These zones are set forth and defined in subsections (D)(1)(a) through (e) of this section.

6. “Conical surface” means a surface extending outward and upward from the periphery of the horizontal surface at a slope of 20 feet outward to one foot upward for a horizontal distance of 4,000 feet.

7. “Flammable and combustible liquids” shall be defined as the type and design of underground and above ground liquid storage tanks; the location and design of the fuel dispensers and dispenser nozzles; the design and specifications for related piping, valves and fittings; the location and classification of electrical equipment, including emergency fuel shutdown devices; and specifications for fuel storage and pressure-relief components, and shall be in accordance with Article 52 (5201.3.2.1 – Motor Vehicle Fuel-Dispensing Stations), Article 79 (Flammable and Combustible Liquids, specifically Special Options 7904), Standard of the International Fire Code and all other applicable codes.

8. “Hazard to air navigation” means an obstruction determined to have a substantial adverse effect on the safe and efficient utilization of the navigable airspace.

9. Height. For the purpose of determining the height limits in all zones set forth in this section and shown on the airport overlay zoning district Map C*, the datum shall be mean sea level elevation unless otherwise specified.

10. “Horizontal surface” means a horizontal plane 150 feet above the established airport elevation reaching a height of 993 feet above sea level, extending outward from all points on the centerline of the primary surface a distance of 5,000 feet.

11. “Nonconforming use” means any pre-existing structure, object of natural growth, or use of land, which is inconsistent with the provisions of this section.

12. “Obstruction” means any structure, growth, or other object, including a mobile object, which exceeds a limiting height set forth in subsection (D)(1) of this section.

13. “Person” means an individual, firm, partnership, corporation, company, association, joint stock association or government entity. “Person” includes a trustee, a receiver, an assignee, or a similar representative.

14. “Primary surface” means a surface longitudinally centered on a runway. The primary surface extends 200 feet beyond each end of that runway. The width of the primary surface is 250 feet, 125 feet on each side of the center of the paved runway. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway centerline.

15. “Runway” means a defined area on an airport prepared for landing and takeoff of aircraft along its length.

16. “Structure” means an object, including a mobile object, constructed or installed by man, including but without limitation buildings, towers, cranes, smokestacks, earth formation, and overhead transmission lines.

17. “Transitional surfaces” begin at the edge of the primary surface, extending outward at 90 degrees to the center of the runway at a defined slope of seven feet outward for each one foot upward until it meets the horizontal surface which is 150 feet above the airport elevation of 843 feet, or 993 feet above sea level.

18. “Tree” means any object of natural growth.

19. “Utility runway” means a utility runway that is constructed for and intended to be used by propeller-driven aircraft of 12,500 pounds maximum gross weight or less.

20. “Visual runway” means a runway intended solely for the operation of aircraft using visual approach procedures.

D. Airport Overlay Zoning District. In order to carry out the provisions of this section, there is hereby created an airport overlay zoning district that is composed of the following height restriction and aircraft accident safety zones. The zones cover a geographic area that is affected by airport activities and are defined on the basis of factors including, but not limited to, aircraft noise, aircraft flight patterns, airport safety zones, local circulation patterns and area development patterns. The boundaries of the airport height restriction and aircraft accident safety zones are shown on Aircraft Accident Safety Zones, Map A*, and Height Restriction Zones, Map C*, which are attached to the ordinance codified in this section and incorporated by reference, and which shall also be on file and open for inspection in the town of Eatonville public works department offices. The height restriction and aircraft accident safety zones are overlaid on top of the existing underlying zoning, which remains in full force and effect. Where the requirements imposed by the height restriction and aircraft accident safety zones conflict with the requirements of the underlying zoning, the more restrictive requirement shall be enforced.

1. Height Restriction Zones. In order to carry out the provisions of this section, there are created and established certain height restriction zones which include all of the land lying beneath the primary surface, approach surfaces, transitional surfaces, horizontal surfaces, and conical surfaces as they apply to Eatonville Airport (Swanson Field) as promulgated in Title 14 of the Code of Federal Regulations (CFR) Part 77, Imaginary Surfaces, which establishes the boundaries, dimensions and configurations (airspace protection thresholds), to reduce airspace obstruction and hazard to aviation in proximity to an airport. Such zones are shown on Eatonville Airport (Swanson Field) Overlay Zoning Map C*. Within each of the height restriction zones there are hereby established certain height restrictions for structures and trees. The height restriction zones are established and defined as follows:

a. Primary Surface Zone. Primary surface, as defined in subsection (C)(14) of this section, is a surface longitudinally centered on a runway. The primary surface zone extends 200 feet beyond each end of the runway. The width of the primary surface is 250 feet, 125 feet on each side of the center of the paved runway. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway centerline. No structure other than a runway and runway associated aprons can be constructed in the primary surface zone. Any landscaping outside the paved runway shall be limited to native or seeded grasses.

b. Approach Surface Zone. The 250-foot inner edge coincides with the width of the primary surface and slopes 20 feet outward for each one foot upward beginning at the end of and at the same elevation as the primary surface and expands to a horizontal distance of 1,250 feet at a horizontal distance of 5,000 feet along the extended runway centerline. Its centerline is the continuation of the runway centerline as depicted on Map C*.

c. Transitional Surface Zones. Beginning at the center of the paved runway and at the same elevation as the paved runway, extending outward at 90 degrees to the center of the runway, for 125 feet, then extending further outward at a defined slope of seven feet outward for each one foot upward until it meets the horizontal surface which is 150 feet above the airport elevation of 843 feet, or 993 feet above sea level.

d. Horizontal Surface Zone. The zone is established at 150 feet above the airport elevation or at a height of 993 feet above mean sea level. The zone begins at the terminus of the transitional zone and extends outward 5,000 feet and connects to the approach zone at the 150-foot elevation level. The horizontal zone does not include the approach and transitional zones.

e. Conical Surface Zone. The conical surface zone is established as the area that commences at the periphery of the horizontal zone and extends outward for a horizontal distance of 4,000 feet as depicted in Map C*.

2. Safety Zones. In order to carry out the provisions of this section and to promote land use compatibility on lands within and adjacent to and in the vicinity of the Eatonville Airport (Swanson Field), there are created and established certain aircraft accident safety zones. Such aircraft accident safety zones are shown on Eatonville Airport (Swanson Field) Overlay Zoning District Map A*. Within each of the aircraft accident safety zones certain land use limitations are established and certain development standards are imposed in addition to the land uses and development standards of the underlying zoning. Where the requirements imposed by these aircraft accident safety zones conflict with the requirements of the underlying zoning, the more restrictive requirement shall be enforced. The aircraft accident safety zones are established and defined as follows:

a. Runway Protection Zone 1. An area extending beyond the centerlines of runway as depicted on Map A*. This zone begins from the outer boundaries of the primary surface, 250 feet from the ends of the runway, and extends out 900 feet to its widest point, which measures 450 feet across, 225 feet on either side of the runway centerline.

b. Inner Safety Zone 2. An area extending beyond the centerline of the runway as depicted in Map A*. This zone begins at the end of the runway protection zone 1 and extends out 1,600 feet. The zone measures 550 feet across, 225 feet on either side of the runway centerline.

c. Inner Turning Zone 3. A fan-shaped area extending beyond the centerline of runway as depicted on Map A*. This zone begins at the primary surface, 200 feet from the end of the runway centerline, and extends out with a 60-degree radius arc on either side of the runway centerline to 2,500 feet and connects to the centerline of the inner safety zone with sweeping arcs.

d. Outer Safety Zone 4. Area extending beyond the centerline of the runway as depicted on Map A*. This zone begins at the end of the inner safety zone and extends out 2,500 feet. The zone measures 550 feet across, 225 feet on either side of the runway centerline.

e. Sideline Zone 5. An area adjacent to the runway as depicted on Map A*. This zone begins from the outer boundaries of the primary surface, extends out 500 feet perpendicular to the primary surface and connects to the 60-degree sector of the inner turning zone.

f. Traffic Pattern Zone 6. This zone is depicted on Map A* and begins from the outer boundaries of the sideline zone and extends out to 4,000 feet perpendicular to the primary surface and at an arc 4,000 feet radius from the end of the runway, connecting to the outer safety zone.

E. Uses, Development Requirements and Restrictions.

1. General Development Requirements and Restrictions Applicable to All Zones.

a. Underlying Zoning Requirements. In addition to the airport overlay zoning district development requirements and restrictions set forth in subsection (E)(2) of this section and in Table 1, all uses and activities are at all times subject to the requirements of the underlying zoning district. Where the requirements and restrictions imposed by the airport overlay zoning district height restriction and aircraft accident safety zones conflict with the requirements of the underlying zoning district, the more restrictive requirement shall be applied.

b. Height. All uses shall be subject at all times to the height restrictions set forth in subsection D of this section. Any proposed structure or object that is likely to penetrate FAR 77 imaginary surfaces in any zone as identified in subsections (D)(1)(a) through (e) of this section can be granted a building or land development permit only after the applicant has filed a notice on Form 7460-1 with the Federal Aviation Administration, and having received a written statement that the applicant’s proposal would not be a hazard to air navigation; but if one or more hazards to air navigation are identified, then upon the applicant having filed and received approval for a variance from the town of Eatonville board of adjustment, under the variance procedures identified in subsection (F)(3) of this section. The decision of the board of adjustment is final unless appealed to the Pierce County superior court.

c. Signal and Radio Communication Interference. Electrical interference with navigational signals or radio communication between the airport and aircraft is prohibited and will be regulated in accordance with rules and regulations promulgated and enforced by the Federal Communications Commission (FCC) and Federal Aviation Administration (FAA) regulations.

d. Lighting and Glare. Activities or uses that create lighting which make it difficult for pilots to distinguish between airport lights and non-airport lights or that create glare in the eyes of pilots using the airport is prohibited. All outdoor lighting fixtures shall be arranged and shielded so that area lighting shall not shine into the sky.

e. Visibility. Activities or uses that create excessive amounts of dust, smoke, or other emissions that may result in impairment of visibility in the vicinity of the airport are discouraged and will be regulated in accordance with rules and regulations promulgated and enforced by the Washington State Department of Ecology under the Clean Air Act and other state and federal regulations.

f. Flammable and Combustible Material. Flammable and combustible liquids and specifications for fuel storage shall be in accordance with the International Fire Code and all applicable codes as adopted in the town of Eatonville building code.

g. Subdivision. When any division of land including short plats, plats, cluster subdivisions, and planned unit developments occurs on any land within the airport overlay zoning district aircraft accident safety zones 1 through 6, a note located on the first page of the plat shall be recorded with the county auditor as follows:

This property is located within the Airport Overlay Zoning District in which a variety of airport aviation activities occur. Such airport aviation activities may impact the use of your property.

h. Front Yard Setbacks. All development adjoining the primary surface is considered to have their front yard facing the primary surface. Therefore, a 25-foot front yard setback from the edge of the primary surface is required of all development adjoining the primary surface.

i. Prior Existing Uses. All development, existing prior to the adoption of this regulation, shall be deemed as outright permitted uses.

2. Incompatible Land Uses. The town planner shall apply the following restrictions on land development, in addition to restrictions specified in subsections (E)(1)(a) through (h) of this section.

Table 1 – Incompatible Land Uses
Airport Overlay Zones	Incompatible Land Uses
Zone 1 – Runway Protection Zone	1. All residential uses.
Zone 1 – Runway Protection Zone	2. Schools, hospitals, nursing homes, churches, day care centers, and mobile home parks.
Zone 2 – Inner Safety Zone	1. Schools, hospitals, nursing homes, churches, mobile home parks and day care centers.
	2. Outside the existing Eatonville urban growth area (UGA) the average density of residential development will be one dwelling unit per 10 acres on the property at the date of adoption of the ordinance codified in this section.
	3. Residential development is permitted under the conditional use permit procedures as specified in EMC 18.09.030.
Zone 3 – Inner Turning Zone	1. School and day care centers.
Zone 3 – Inner Turning Zone	2. Residential development is permitted under the conditional use permit procedures as specified in EMC 18.09.030.
Zone 4 – Outer Safety Zone	1. Schools.
	2. Outside the existing Eatonville urban growth area (UGA) the average density of residential development will be one dwelling unit per 10 acres on the property at the date of adoption of the ordinance codified in this section.
	3. Inside the Eatonville urban growth area (UGA) the average density of residential development will be a maximum of four dwelling units per acre on the property at the date of adoption of the ordinance codified in this section.
Zone 5 – Sideline Safety Zone	1. All aviation-related uses are permitted.
	2. Schools, hospitals, nursing homes, churches, day care centers, and mobile home parks are prohibited.
	3. All AP aerospace district permitted uses are allowed.
Zone 6 – Traffic Pattern Zone	1. There are no overlay restrictions.

F. Permits.

1. Future Uses. Except as specifically provided in subsections (F)(1)(a), (b), and (c) of this section, no material change shall be made in the use of land, no structure shall be erected or otherwise established unless a permit therefor has been applied for and granted. Each application for a permit shall indicate the purpose for which the permit is desired, with sufficient particularity to permit it to be determined whether the resulting use, structure, or tree is consistent with the provisions of this section. No permit for a use inconsistent with the provisions of this section shall be granted unless a variance has been approved in accordance with subsection (F)(3) of this section.

a. In the area lying within the limits of the horizontal zone and conical zone, no permit shall be required for any tree or structure less than 75 feet of vertical height above the ground except when, because of terrain, land contour, or topographic features, such tree or structure would extend above the height limits prescribed for such zones.

b. In areas lying within the limits of the approach zones but at a horizontal distance of not less than 4,000 feet from each end of the runway, no permit shall be required for any tree or structure less than 75 feet of vertical height above the ground, except when such tree or structure would extend above the height limit prescribed for such approach zones.

c. In the areas lying within the limits of the transition zones beyond the perimeter of the horizontal zone, no permit shall be required for any tree or structure less than 75 feet of vertical height above the ground, except when such tree or structure, because of terrain, land contour, or topographic features, would extend above the height limit prescribed for such transition zones.

2. Existing Uses. No permit shall be granted that would allow the establishment or creation of an obstruction or permit a structure or tree to become a greater hazard to air navigation than it was on the effective date of the ordinance codified in this section or any amendments thereto or than it is when the application for a permit is made.

3. Variances. Any person desiring to erect or increase the height of any structure, or permit the growth of any tree, or use property, not in accordance with the regulations prescribed in this section, may apply to the board of adjustment for a variance from such regulations. The application for variance shall be accompanied by a determination from the Federal Aviation Administration as to the effect of the proposal on the operation of air navigation facilities and the safe, efficient use of navigable airspace. Such variances shall be granted where it is duly found that a literal application or enforcement of the regulations will result in unnecessary hardship, and relief granted will not be contrary to the public interest, will not create a hazard to air navigation, will do substantial justice, and will be in accordance with the spirit of this section. A copy of the variance application shall be forwarded to the Eatonville Airport (Swanson Field) airport manager by the town planner.

4. Obstruction Marking and Lighting. Any permit or variance granted may, if such action is deemed advisable to effectuate the purpose of this section, be so conditioned as to require the owner of the structure or tree in question to install, operate, and maintain, at the owner’s expense, such markings and lights as may be necessary.

G. Nonconforming Use.

1. Regulations Not Retroactive. The regulations prescribed in this section shall not be construed to require the removal, lowering, or other change or alteration of any structure or tree not conforming to the regulations at the effective date of the ordinance codified in this section, nor shall such be construed to require any change in the construction or alteration of any structure or tree which was begun prior to the effective date of the ordinance codified in this section, and which is diligently being prosecuted.

H. Violations and Enforcement. It shall be the duty of the town of Eatonville planner to administer and the town of Eatonville building official to enforce the regulations prescribed in this section.

I. Appeals. Any person aggrieved, by any order, requirement, decision or determination made by an administrative official in the processing of any application made under this section or in the actual decision made as required by this section may appeal to the board of adjustment as provided in RCW 14.12.190.

J. Judicial Review. Any person aggrieved, or any taxpayer affected, by any decision of the board of adjustment may appeal the decision to the Pierce County superior court.

K. Conflicting Regulations. Where there exists a conflict between any of the regulations or limitations prescribed in this section and any other regulations applicable to the same area, whether the conflict is with respect to the height of structures or trees, and the use of land, or any other matter, the more stringent limitation or requirement shall govern and prevail. (Ord. 2007-05 § 1, 2007; Ord. 2006-06 § 2, 2006).

*Maps A and C are attached to Ordinance 2007-05 and are also on file and open for inspection in the town of Eatonville public works department offices.

18.04.190 Planned unit development – PUD.

The intent of the PUD is to create a process to promote diversity and creativity in site design, and protect and enhance natural and community features. The process is provided to encourage unique developments which may combine a mixture of residential, commercial and industrial uses. By using flexibility in the application of the development standards, this process will promote developments that will benefit citizens that live and work in the town.

A. Zoning Districts Where Permitted. PUDs are permitted in all zoning districts.

B. Permitted Uses.

1. Principally Permitted Uses. The principally permitted uses in PUDs shall be the same as those permitted in the underlying zoning classifications.

2. Conditional Uses. The conditional uses in PUDs shall be the same as those permitted in the underlying zoning classification. The conditional use permit review process may be consolidated with that of the PUD pursuant to the procedures specified in subsection (F) of this section.

3. Accessory Uses. Accessory uses and buildings which are customarily incidental and subordinate to a principally permitted use are also permitted.

4. Exceptions. In the residential PUDs of 10 acres or more, commercial uses may be permitted. Commercial uses shall be limited to those uses permitted in the neighborhood convenience district.

C. Development Standards. The following development standards are minimum requirements for a planned unit development:

1. Minimum Lot Size Exclusion. The minimum lot size requirements of the districts outlined in this title shall not apply to PUDs.

2. Minimum Site Acreage. Minimum site acreage for a PUD is established according to the zoning district in which the PUD is located.

3. Minimum Perimeter Building Setback. The minimum perimeter building setback of the underlying zone shall apply. Multifamily area requirements shall apply to any multifamily developments. The board of adjustment may reduce building separation requirements to the minimum required by the building and fire departments, according with the criteria set forth in subsection (F)(1) of this section. If an adjacent property is undevelopable under this title, the planning commission may also reduce the perimeter setback requirement to the minimum standards in the town building and fire codes.

4. Maximum Height of Structures. The maximum height of structures of the underlying zone shall apply. The planning commission may authorize additional height in C and I zones where proposed development in the PUD is compatible with the scale and character of adjacent existing developments.

5. Open Space.

a. The standard set forth in this subsection shall apply to PUD residential developments only. Each PUD shall reserve a maximum of 35 percent of the area denoted for residential use as open space.

b. For the purpose of this section, open space shall be defined as land which is not used for buildings, dedicated public rights-of-way, traffic circulation and roads, parking areas or any kind of storage. Open space includes, but is not limited to, privately owned woodlands, open fields, streams, wetlands, severe hazard areas, sidewalks, walkways, landscaped areas, gardens, courtyards or lawns. Common open space may provide for either active or passive recreation.

c. Open space within a PUD shall be available for common use by the residents, tenants or the general public, depending on the type of project.

6. Streets. If streets within the development are required to be dedicated to the town for public use, such streets shall be designed in accordance with the standards outlined in the town subdivision code and other appropriate town standards. If the streets within the development are to remain in private ownership and remain as private streets, then the following standards shall apply:

a. Minimum Private Street Pavement Widths. Minimum private street pavement widths for parallel parking in residential planned unit developments are as follows:

	No Parking (feet)	Parking One Side (feet)	Parking Both Sides (feet)
One-way streets:	20	29	38
Two-way streets:	22	31	40

Parking (feet)

Parking One Side (feet)

Parking Both Sides (feet)

One-way streets:

Two-way streets:

The minimum widths set out in this subsection (6) may be modified upon review and approval of the town fire chief and the town public works director providing they are sufficient to maintain emergency access and traffic safety. A maintenance agreement for private streets within a PUD shall be required by the planning commission as a condition of PUD approval.

b. Vehicle Parking Areas. Adequate vehicular parking areas shall be provided. The required number of parking spaces may vary from the requirements of Chapter 18.05 EMC and shall be approved by the planning commission based upon a parking need assessment study submitted by the applicant and approved by the planning director. Vehicular parking areas may be provided by on-street or off-street parking lots. The design of such parking areas shall be in accordance with the standards outlined in Chapter 18.05 EMC.

c. One-Way Streets. One-way loop streets shall be no more than 1,500 feet long.

d. On-Street Parking. On-street parking shall be permitted. Privately owned and maintained “no parking” and “fire lane” signs may be required as determined by the town public works director and town fire department chief.

7. Pedestrian Walkways. Pedestrian walkways shall be constructed of material deemed to be an all-weather surface by the public works director;

8. Landscaping.

a. Minimum perimeter landscaping of the underlying zone shall apply. Additional landscaping shall be required as provided in Chapter 18.07 EMC.

b. All PUD developments shall ensure that parking areas are integrated with the landscaping system and provide screening of vehicles from view from public streets. Parking areas shall be conveniently located to buildings and streets while providing for landscaping adjacent to buildings and pedestrian access.

c. Solid waste collection areas and waste reduction or recycling areas shall be conveniently and safely located for on-site use and collection, and attractively site screened.

9. Signs. The sign regulations of Chapter 18.06 EMC shall apply.

10. If portions of the PUD are to be subdivided for sale or lease, the procedures of the town subdivision code, as amended, shall apply. Specific development standards such as lot size, street design, etc. shall be provided as outlined in subsection C of this section.

11. Shoreline Master Program. Any development located within 200 feet of the Mashell River shall adhere to the town shoreline master program regulations.

D. Density Bonus Standards. The density of residential development for PUDs shall be based on the gross density of the underlying zoning district. The planning commission may recommend a dwelling unit density not more than 20 percent greater than that permitted by the underlying zone upon findings and conclusions that the amenities or design features which promote the purposes of this subsection (D), as follows, are provided:

1. Open Space. A four percent density bonus may be authorized if at least 10 percent of the open space is in concentrated areas for passive use. Open space shall include significant natural features of the site, including but not limited to fields, woodlands, watercourses and permanent and seasonal wetlands. Excluded from the open space definition are the areas within the building footprints, land used for parking, vehicular circulation or rights-of-way, and areas used for any kind of storage.

2. Active Recreation Areas. A four percent density bonus may be authorized if at least 10 percent of the site is utilized for active recreational purposes, including but not limited to jogging or walking tracks, pools, children’s play areas, etc. Only that percentage of space contained within accessory structures that is directly used for active recreation purposes can be included in the 10 percent active recreation requirement.

3. Stormwater Drainage. A two percent density bonus may be authorized if stormwater drainage control is accomplished using natural on-site drainage features. Natural drainage feature may include streams, creeks, ponds, etc.

4. Native Vegetation. A four percent density bonus may be authorized if at least 15 percent of the native vegetation on the site is left undisturbed in large open areas.

5. Parking Lot Size. A two percent density bonus may be authorized if off-street parking is grouped in areas of 16 stalls or less. Parking areas must be separated from other parking areas or buildings by significant landscaping in excess of type V standards as provided in EMC 18.07.050(E). At least 50 percent of these parking areas must be designed as outlined in this subsection to receive the density bonus.

6. Mixed Housing Types. A two percent density bonus may be authorized if a development features a mix of residential housing types. Single-family residences, attached single units, condominiums, apartments and townhomes, are examples of housing types. The mix need not include some of every type.

7. Project Planning and Management. A two percent density bonus may be granted if a design/development team is used. Such a team would include a mixture of architects, engineers, landscape architects, and designers. A design/development team is likely to produce a professional development concept that would be consistent with the purpose of the zoning regulations. These standards are thresholds, and partial credit is not given for partial attainment. The site plan must at least meet the threshold level of each bonus standard in order for density bonuses to be given for that standard.

E. Application Process. The application process includes the following steps: informal review process, compliance with the state Environmental Policy Act, community information meeting, development plan review and public hearing before the planning commission.

1. Informal Review Process. An applicant shall meet informally with the planning director at the earliest possible date to discuss the proposed PUD. The purpose of this meeting is to develop a project that will meet the needs of the applicant and the objectives of the town as defined in this title.

2. SEPA Compliance. Compliance with the State Environmental Policy Act and regulations and town SEPA requirements shall be completed prior to development plan review.

3. Development Plan Review. After informal review and completion of the SEPA process, a proposal shall next be reviewed by planning director through the development plan review process. Comments received by the project developer under the development review process shall be used to formalize the proposed development prior to the development being presented at a public hearing before the planning commission.

4. Community Information Meeting.

a. A community information meeting shall be required for any proposed PUD located within a residential zone or within 200 feet of a residential zone. At this meeting the applicant shall present the development proposed to interested residents. Issues raised at the meeting may be used to refine the PUD plan. Notice shall be given in at least one publication in the local newspaper at least 10 days prior to the public hearing. Written notice shall be mailed first class to all property owners within a radius of not less than 200 feet of the exterior boundaries of the property subject to the application. Any alleged failure of any property owner to actually receive the notice of hearing shall not invalidate the proceedings.

b. Nonresidential PUDs not located within 200 feet of a residential zone shall not require a community information meeting.

5. Public Notice and Planning Commission Public Hearing. The planning commission shall hold at least one public hearing on the proposed PUD and shall give notice thereof in at least one publication in the local newspaper at least 10 days prior to the public hearing. Written notice shall be mailed first class to all property owners within a radius not less than 200 feet of the exterior boundaries of the property subject to the application. Any alleged failure of any property owner to actually receive the notice of hearing shall not invalidate the proceedings.

6. Consolidation of Land Use Permit Processes. The PUD approval process may be used to consolidate other land use permit processes which are required by other sections of this title. The public hearing required for the PUD may serve as the public hearing for the conditional use permit, subdivision, shoreline substantial development and rezoning if such land use permits are a part of the overall PUD application. When another land use permit is involved which requires town council approval, the PUD shall not be deemed to be approved until the town council has approved the related land use permit. If a public hearing is required for any of the categories of actions listed in this subsection (E), the planning commission shall employ the public hearing notice requirements for all actions considered which ensure the maximum notice to the public.

7. Planning Commission Decision. The planning commission shall issue a written decision within 30 days from the date of the hearing. Parties of record will be notified in writing of the decision. The decision is final within 14 days of receipt by the developer of the decision.

8. Effective Date. In approving a PUD, the planning commission shall specify that the approved PUD shall not take effect unless or until the developer files a completed development permit application within the time periods required by this title as set forth in subsection (G) of this section. No official map or zoning text designations shall be amended to reflect the approved PUD designation until such time as the PUD becomes effective.

F. Review Criteria for Planned Unit Developments. Upon receipt of a complete application for a residential PUD, the planning director shall review the application and make its recommendation to the planning commission. The planning commission shall determine whether to grant, deny or condition an applicant based upon the following review criteria:

1. Residential Planned Unit Development Criteria.

a. The proposed PUD project shall have a beneficial effect upon the community and users of the development which would not normally be achieved by traditional lot-by-lot development and shall not be detrimental to existing or potential surrounding land uses as defined by the comprehensive plan.

b. Unusual environmental features of the site shall be preserved, maintained and incorporated into the design to benefit the development and the community.

c. The proposed PUD project shall provide areas of openness by using techniques such as clustering, separation of building groups and use of well designed open space and landscaping.

d. The proposed PUD project shall promote variety and innovation in site and building design. Buildings in groups shall be related by common materials, architectural detailing, building scale and orientation.

e. Building design shall be based on a unified design concept, particularly when construction will be in phases.

2. Nonresidential Planned Unit Development Criteria.

a. The proposed project shall have a beneficial effect which would not normally be achieved by traditional lot-by-lot development and shall not be detrimental to existing or potential surrounding land uses as defined by the comprehensive plan.

b. Unusual environmental features of the site shall be preserved, maintained and incorporated into the design to benefit the development and the community.

c. The proposed project shall provide areas of openness by the clustering of buildings, and by the use of well designed landscaping and open spaces. Landscaping shall promote a coordinated appearance and break up continuous expanses of building and pavement.

d. The proposed project shall promote variety and innovation in site and building design. It shall encourage the incorporation of special design features such as visitor entrances, plazas, outdoor employee lunch and recreation areas, architectural focal points and accent lighting.

e. Building design shall be based on a unified design concept, particularly when construction will be in phases.

G. Time Limits.

1. Application for Development Permit. The applicant shall apply for a development permit no later than one year following final approval of the PUD. The application for development permit shall contain all conditions of the PUD approval.

2. Extensions. An extension on time for development permit application may be requested in writing by the applicant. Such an extension may be granted by the planning director for a period not to exceed one year. If a development permit is not issued within two years, the PUD approval shall become null and void and the PUD shall not take effect.

H. Modifications of Plan. Request or modifications of final approved plans shall be made in writing and shall be submitted to the planning director in the manner and form prescribed by the planning director. The criteria for approval of a request for a major modification shall be those criteria covering original approval of the permit which is the subject of the proposed modification.

1. Minor Modifications. Modifications are deemed minor if all the following criteria are satisfied:

a. No new land use is proposed;

b. No increase in density, number of dwelling units or lots proposed;

c. No change in the general location or number of access points is proposed;

d. No reduction in the amount of open space is proposed;

e. No reduction in the amount of parking is proposed;

f. No increase in the total square footage of structures to be developed is proposed; and

g. No increase in general height of structures is proposed.

Examples of minor modifications include but are not limited to lot line adjustments, minor relocations of buildings or landscaped areas, minor changes in phasing or timing, and minor changes in elevations of buildings.

2. Major Modifications. Major adjustments are those which, as determined by the planning director, substantially change the basic design density, open space or other similar requirements or provisions. Major adjustments to the development plans shall be reviewed by the planning commission. The planning commission may review such adjustments at a regular public hearing. (If a public hearing is held, the process outlined in EMC 18.08.020 shall apply.) The planning commission shall issue a written decision to approve, deny or modify the request. Such a decision shall be final. The decision may be appealed to the town council by the filing of written notice of appeal with the town clerk within 14 days of the date of the developer’s receipt of the planning commission’s decision. (Ord. 94-06 § 2, 1994).