Chapter 17.03
DISTRICT REGULATIONS
Sections:
17.03.010 R-1 residential district, low density.
17.03.020 R-2 residential district, medium density.
17.03.030 R-3 residential district, multifamily.
17.03.040 C commercial district.
17.03.060 Planned unit development, PUD.
17.03.010 R-1 residential district, low density.
It is the purpose of the R-1 residential district to stabilize and preserve low density, single-family residential neighborhoods.
A. Lot Area. Minimum lot area is seven thousand five hundred (7,500) square feet.
B. Minimum Zoning. Minimum zoning area is fifteen thousand (15,000) square feet (two (2) lots).
C. Principally Permitted Uses. Principally permitted uses are as follows:
1. Single-family dwellings.
2. Noncommercial gardens.
D. Special Permit Uses. The following uses are permitted provided they conform to the development standards listed in WMC 17.07.020:
1. Churches.
2. Nursery schools and day care centers.
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 (3) persons.
3. Customary incidental home occupations subject to the provisions of WMC 17.07.040.
F. Conditional Uses. General conditional uses as listed in WMC 17.07.030.
1. Duplexes. One (1) duplex per lot.
2. Rest homes.
G. Development Standards.
1. Minimum lot area is seven thousand five hundred (7,500) square feet.
2. Minimum lot width is seventy-five (75) feet at the building setback line, and not less than thirty (30) feet at the front line.
3. Maximum site coverage is fifty (50) percent.
4. Minimum Yard Requirements:
a. Front Yard. Minimum front yard is fifteen (15) feet.
b. Side Yard. Minimum side yard is seven (7) feet.
c. Rear Yard. Minimum rear yard is seven (7) feet. Minimum rear yard is fifteen (15) feet if abutting an alley or street.
d. Corner Yard. Minimum corner yard is fifteen (15) feet.
e. Side Yard on Flanking Street of Corner Lot. Minimum side yard on the flanking street of a corner lot is fifteen (15) feet.
5. Height Limitation. Height limitation is two and one-half (2 1/2) stories, not exceeding thirty-two (32) feet.
6. Interior Yards. Interior yards shall not be computed as part of the site coverage.
7. Additional Standards. See Chapter 17.07 WMC, pertaining to general and supplementary provisions, for requirements concerning accessory buildings and additional standards.
H. Signs. The sign regulations of Chapter 17.05 WMC shall apply.
I. Off-Street Parking. The off-street parking regulations of Chapter 17.04 WMC shall apply. [UDC Ord. dated 7/21/1998].
17.03.020 R-2 residential district, medium density.
It is the purpose of the residential R-2 district to stabilize and preserve medium density residential neighborhoods.
A. Lot Area. Minimum lot area is five thousand (5,000) square feet for single-family dwellings, or eight thousand five hundred (8,500) square feet for a duplex.
B. Minimum Zoning. Minimum zoning area is fifteen thousand (15,000) square feet (three (3) lots).
C. Principally Permitted Uses. Principally permitted uses are as follows:
1. Single-family dwellings.
2. Duplexes. One (1) duplex per lot.
3. Noncommercial gardens.
D. Special Permit Uses. The following uses are permitted provided they conform to the development standards listed in WMC 17.07.020:
1. Churches.
2. Nursery schools and day care centers.
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 (3) persons.
3. Customary incidental home occupations subject to the provisions of WMC 17.07.040.
F. Conditional Uses. General conditional uses as listed in WMC 17.07.030.
1. Rest homes.
G. Development Standards.
1. Minimum lot area is five thousand (5,000) square feet for single-family dwellings, or eight thousand five hundred (8,500) square feet for a duplex.
2. Minimum lot width is seventy-five (75) feet at the building setback line, and not less than thirty (30) feet at the front line.
3. Maximum site coverage is fifty (50) percent.
4. Minimum Yard Requirements.
a. Front Yard. Minimum front yard is fifteen (15) feet.
b. Side Yard. Minimum side yard is seven (7) feet.
c. Rear Yard. Minimum rear yard is seven (7) feet. Minimum rear yard is fifteen (15) feet if abutting an alley or street.
d. Corner Yard. Minimum corner yard is fifteen (15) feet.
e. Side Yard on Flanking Street of Corner Lot. Minimum side yard on the flanking street of a corner lot is fifteen (15) feet.
5. Height Limitation. The height of structures shall not exceed thirty-two (32) feet.
6. Interior Yards. Interior yards shall not be computed as part of the site coverage.
7. Additional Standards. See Chapter 17.07 WMC, pertaining to general and supplementary provisions, for requirements concerning accessory buildings and additional standards.
H. Signs. The sign regulations of Chapter 17.05 WMC shall apply.
I. Off-Street Parking. The off-street parking regulations of Chapter 17.04 WMC shall apply. [UDC Ord. dated 7/21/1998].
17.03.030 R-3 residential district, multifamily.
It is the purpose of the multifamily residential district, R-3, to provide for a moderate increase in population density and allow for a greater variety of housing types.
A. Lot Area. Minimum lot area is eight thousand five hundred (8,500) square feet.
B. Minimum Zoning. Minimum zoning area is fifteen thousand (15,000) square feet (two (2) lots).
C. Principally Permitted Uses. Principally permitted uses are as follows:
1. Single-family dwellings.
2. Duplexes.
3. Multifamily dwellings, including apartments and townhouses.
D. Special Permit Uses. The following uses are permitted provided they conform to the development standards listed in WMC 17.07.020:
1. Churches.
2. Nursery schools and day care centers.
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 (3) persons.
3. Customary incidental home occupations subject to the provisions of WMC 17.07.040.
F. Conditional Uses. General conditional uses as listed in WMC 17.07.030. Conditional uses are as follows:
1. Rest homes.
G. Development Standards.
1. Single-family dwellings and duplexes. For single-family dwellings and duplexes, the development standards of WMC 17.03.020 shall apply.
2. Multifamily dwelling units. The following shall apply to multifamily dwellings:
a. Minimum Lot. Minimum lot area is eight thousand five hundred (8,500) square feet for the first two (2) dwelling units, and two thousand five hundred (2,500) square feet for each additional dwelling unit.
b. Minimum Lot Width. Minimum lot width is seventy-five (75) feet at the building setback line, and not less than thirty (30) feet at the front line.
c. Density. Maximum density is sixteen (16) dwelling units per acre.
d. Maximum site coverage is fifty (50) percent.
e. Minimum Yard Requirements.
i. Front Yard. Minimum front yard is fifteen (15) feet.
ii. Side Yard. Each side yard shall be a minimum of seven (7) feet.
iii. Rear Yard. Minimum rear yard is seven (7) feet. Minimum rear yard is fifteen (15) feet if abutting an alley or street.
iv. Corner Yard. Minimum corner yard is fifteen (15) feet.
v. Side Yard on Flanking Street of Corner Lot. Minimum side yard on the flanking street of a corner lot is fifteen (15) feet.
f. Distance Between Buildings.
i. An inner court providing access to a double-row building shall be a minimum of twenty (20) feet.
ii. The distance between principal buildings shall be at least one-half (1/2) the sum of the height of both buildings; provided, however, that in no case shall the distance be less than twelve (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 17.06 WMC shall apply.
h. Height Limitation. Height limitation is three (3) stories, not exceeding forty (40) feet.
i. Additional Standards. See Chapter 17.07 WMC, pertaining to general and supplementary provisions, for requirements concerning accessory buildings and additional standards.
H. Signs. The sign regulations of Chapter 17.05 WMC shall apply.
I. Off-Street Parking.
1. The off-street parking regulations of Chapter 17.04 WMC shall apply.
2. Off-street parking may be located in required yards except for the front ten (10) feet abutting any public right-of-way, which must be landscaped. No off-street parking is permitted in the required open green areas. [UDC Ord. dated 7/21/1998].
17.03.040 C commercial district.
The purpose and intent of the commercial district is to recognize the existence of commercial areas and to provide use incentives and development standards which will encourage the redevelopment and upgrading of commercial areas. It is also meant 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).
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.
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-service).
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.
ix. Truck repair.
x. Watch, clock and jewelry repair services.
e. Professional Services.
i. Accounting, auditing and bookkeeping 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 one hundred fifty (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. Residential Uses.
i. Principally permitted in WMC 17.03.010.
ii. Principally permitted in WMC 17.03.020.
iii. Principally permitted in WMC 17.03.030.
b. Lodgings:
i. Hotels.
ii. Motels.
c. 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.
d. Transitional housing facilities, limited to a maximum of twenty (20) residents at any one (1) time and four (4) resident staff.
e. Housing.
i. Duplexes as permitted in WMC 17.03.020.
ii. Multifamily residential uses as permitted in WMC 17.03.030.
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. Rest homes.
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.
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 WMC 17.07.030, except for transitional housing with a maximum of twenty (20) residents and four (4) staff.
4. Kennels.
5. Recreational vehicle parks.
6. Commercial auto towing operations subject to the following criteria:
a. Motor vehicles may not remain on the property for more than one hundred twenty (120) days;
b. Motor vehicles may not be repaired, restored, rebuilt or otherwise altered outside of an enclosed structure on the property;
c. Motor vehicles shall not be stacked vertically;
d. Vehicle parts and scrap metal shall not be stored on the property;
e. No vehicle sales shall be permitted with the exception of the monthly auction to eliminate any stored/impounded vehicles that have been abandoned per Washington State Patrol guidelines. All parking for customers shall be accomplished on site;
f. Any motor vehicle which is damaged so as to be leaking fluids shall be brought to an impervious surface where all fluids shall be contained and disposed of in conformance with all State and Federal regulations;
g. The applicant shall install a separator or other generally accepted industry device or practice that provides equal protection to prevent any leaking fluids from the motor vehicle from entering the soil or surface water. The method of pollution protection shall be approved by the Washington State Department of Ecology for the site-specific permit approval in accordance with the 2012 Stormwater Manual for Western Washington, as amended in December 2014 (the 2014 SWMMWW);
h. All areas where vehicles are kept shall be landscaped and screened pursuant to WMC 17.06.040 and 17.06.050(A). The fence shall not exceed eight feet in height (WMC 17.07.220(A)(3)). In commercial zones, barbed wire is permitted only atop a fence or wall at least six (6) feet in height. Barbed wire shall not be conspicuously visible from arterial streets or residentially zoned properties (WMC 17.07.220(D));
i. No back up beepers will be permitted within the hours of 10:00 p.m. to 7:00 a.m.; and
j. No approval shall be granted until the applicant has demonstrated compliance with the criteria for granting a conditional use permit (WMC 17.08.030(D)).
E. Development Standards.
1. Minimum Lot. Minimum lot area is two thousand five hundred (2,500) square feet.
2. Maximum Site Coverage. Maximum site coverage is one hundred (100) percent.
3. Minimum Lot Width. Minimum lot width shall be thirty (30) feet.
4. Minimum Yard Requirements.
a. Front Yard. Minimum front yard is zero (0) feet.
b. Side Yard. Minimum side yard is zero (0) feet.
c. Rear Yard. Minimum rear yard is zero (0) feet.
d. Corner Yard. Minimum corner yard is zero (0) feet.
e. Side Yard on Flanking Street of Corner Lot. Minimum side yard on the flanking street of a corner lot is zero (0) feet.
5. Height Limitations. The height limitation is forty (40) feet, three (3) stories.
6. Landscaping. The landscaping requirements of Chapter 17.06 WMC shall apply.
7. 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.
F. Signs. The sign regulations of Chapter 17.05 WMC shall apply.
G. Off-Street Parking.
1. The off-street parking requirements of Chapter 17.04 WMC shall apply.
2. Off-street parking may be located in required yards, except in areas required to be landscaped. [Ord. 2021.01 § 1, 2021; UDC Ord. dated 7/21/1998].
17.03.050 P public district.
The purpose of the P district is to provide areas for use by the public.
A. Lot Area. There are no lot area minimums in P districts.
B. Principally Permitted Uses. Principally permitted uses are as follows:
1. Parks and playfields.
2. Government buildings.
3. Schools and other educational facilities.
4. Wastewater treatment plant, other sewer and/or water treatment or storage facility.
5. Public parking.
6. Cemetery.
7. Publicly owned utilities.
8. Watershed.
C. Special Permit Uses. There are no special permit uses in the P district.
D. Conditional Uses. Conditional uses are as listed in WMC 17.07.030(A).
E. Development Standards. Development standards will be determined on a case-by-case basis, subject to recommendation of the Planning Commission and approval of the Town Council. These standards include, but are not limited to: bulk requirements, setback requirements, minimum lot size requirements, minimum lot width requirements, height limitations, and maximum lot coverage requirements.
F. Signs. The sign regulations of Chapter 17.05
WMC shall apply.
G. Off-Street Parking. The off-street parking regulations of Chapter 17.04 WMC shall apply. [UDC Ord. dated 7/21/1998].
17.03.060 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 ten (10) acres or more, commercial uses may be permitted. Commercial uses shall be limited to those uses permitted in the commercial 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 Town Council 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 the commercial zone 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 thirty-five (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 for Parallel Parking in Residential Planned Unit Developments. 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 |
The minimum widths set out in this subsection 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 17.04 WMC 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 17.04 WMC.
c. One (1) Way Streets. One (1) way loop streets shall be no more than one thousand five hundred (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 17.06 WMC.
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 17.05 WMC 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 the amended subdivision code.
11. Shoreline Master Program. Any development located within two hundred (200) feet of a river shall adhere to the governing 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 twenty (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, as follows, are provided:
1. Open Space. A four (4) percent density bonus may be authorized if at least ten (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 (4) percent density bonus may be authorized if at least ten (10) percent of the site is utilized for active recreational purposes, including but not limited to jogging or walking trails, 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 ten (10) percent active recreation requirement.
3. Stormwater Drainage. A two (2) percent density bonus may be authorized if stormwater drainage control is accomplished using natural on-site drainage features. Natural drainage features may include streams, creeks, ponds, etc.
4. Native Vegetation. A four (4) percent density bonus may be authorized if at least fifteen (15) percent of the native vegetation on the site is left undisturbed in large open areas.
5. Parking Lot Size. A two (2) percent density bonus may be authorized if off-street parking is grouped in areas of sixteen (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 WMC 17.06.050(E). At least fifty (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 (2) 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 (2) 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 the 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 two hundred (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 (1) publication in the local newspaper at least ten (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 two hundred (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 two hundred (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 (1) public hearing on the proposed PUD and shall give notice thereof in at least one (1) publication in the local newspaper at least ten (10) days prior to the public hearing. Written notice shall be mailed first class to all property owners within a radius not less than two hundred (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, 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 thirty (30) days from the date of the hearing. Parties of record will be notified in writing of the decision. The decision is final unless notice of appeal is filed with the Town Clerk/Treasurer within fourteen (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 (1) 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 (1) year. If a development permit is not issued within two (2) 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. 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/Treasurer within fourteen (14) days of the date of the developer’s receipt of the Planning Commission’s decision. [Amended during 2014 codification; UDC Ord. dated 7/21/1998].