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Planning Commission Meeting

Regular Meeting

Ocean Shores, WA · February 14, 2023

Agenda

Agenda

Agenda City of Ocean Shores Planning Commission Meeting Join Zoom Meeting Online Click Here Join Zoom Meeting by Phone Phone Number: 1.253.215.8782 US Meeting ID: 817 3030 1501 Passcode: 977218 Tuesday Ocean Shores Library February 14, 2023 573 Point Brown Ave. NW 2:00 PM Ocean Shores, Washington Page Call to Order Roll Call Approval of Meeting Agenda Approval of Minutes 3-4 1. Approval of minutes for the Regular City of Ocean Shores Planning Commission Meeting on January 10, 2023 5-7 2. Approval of minutes for the Regular City of Ocean Shores Planning Commission Meeting on January 24, 2023 Public Comments Planning Commission is accepting written Public Comments to be sent via email to the City Clerk at slogan@osgov.com no later than 1:00 PM February 14, 2023. Old Business New Business Discussion Page 1 of 20 Page 8 - 14 3. Lot Clearing and Landscaping Code • Led by: Planning Commissioner, Kerry Barr 15 - 20 4. Middle Income Housing and Multi-Family Zoning • Led by: Planning Commission Chair, Gary Pease Reports 5. Planning Commission Member(s) Report • Dan Bricker • Gary Pease • Thorn Ward • Kerry Barr • Paul Schulz • Brian Bachman Future Meeting Date February 28, 2023 at 2:00 PM Adjourn _________________________________________________________ Public Notice: • Persons requiring auxiliary aids or special arrangements in order to participate in meetings should call 360.940.7498 at least two business days prior to the scheduled meeting. Page 2 of 20 Minutes Ocean Shores Planning Commission Regular Meeting Tuesday, 01/10/2023 - 2:00 p.m. 573 Point Brown Ave, NW Minutes taken by Commissioner Schulz 1. Call to Order • Chair Gary Pease called the meeting to order at 2:00 p.m. 2. Roll Call Planning Commissioners Present: o Gary Pease, Dan Bricker, Thorn Ward, Brian Bachman, Kerry Bar, and Paul Schulz Planning Commissioners absent: o None City staff present: o Sandy Maddison and Amy Luna 3: Election of Planning Commission Officers: • Commissioner Bricker moved to elect officers prior to approving meeting agenda, Commissioner Bachman seconded the motion, all in favor. • Commissioner Bachman moved to elect Commissioner Pease Chairman, Commissioner Bricker seconded, all in favor. • Commissioner Bricker moved to elect Commissioner Bachman Vice Chairman, Commissioner Ward seconded, all in favor. 3. Approval of Meeting Agenda: • Commissioner Bachman moved to approve the meeting agenda. Commissioner Bricker seconded the motion, motion passed unanimously. 4. Approval of Meeting Minutes: • Commissioner Bachman moved to approve the meeting minutes. Commissioner Bricker seconded the motion, motion passed unanimously. 5. Public Comments: 6. Gateway District: • Chairman Pease led a discussion on the Gateway District. 7. Lot Clearing: • Chairman Pease led a discussion on lot clearing. 8. Strategic Planning Meeting: • Chairman Pease proposed a strategic planning meeting and asked each commissioner to bring two suggestions on what they would like the commission to 1. Approval of minutes for the Regular City of Ocean Shores Planning Com... Page 3 of 20 discuss in future meetings. 9. Interdunal wetlands: • Chairman Pease led a discussion on the interdunal wetlands. 10. Middle Housing: • Chairman Pease led a discussion on middle housing. 11. Secretary for Next Meeting: • Chairman Pease appointed Commissioner Kerry Bar secretary for the 1/24/2023 Meeting. 12: Future Meeting: • Next meeting is at 2:00 p.m. on 1/24/2023 at the Ocean Shores Library Prior to attending, please confirm the meeting location on the official agenda. The agenda is easily accessed by clicking on the meeting posted on the city calendar at the bottom of the city website homepage at www.osgov.com. 13: Adjournment: • Commissioner Schulz moved to adjourn the meeting. Commissioner Bricker seconded the motion. Motion passed unanimously. Chairman Pease adjourned the meeting at approximately 3:00 p.m. 1. Approval of minutes for the Regular City of Ocean Shores Planning Com... Page 4 of 20 Ocean Shores Planning Commission Meeting Minutes Meeting Date: January 24, 2023 2:00 PM Call to Order: By Gary Pease Roll Call: Gary Pease - Present Dan Bricker - Present Eleanor Brickman - Present Thorn Ward - Present Brian Bachman - Present Kerry Barr - Present Paul Schultz - Absent City Staff Present: Marshall Read – City Planner, Sandy Madison - Records Approval of Meeting Agenda: Motion By: Dan Bricker Second By: Thorn Ward Unanimously approved Approval of Meeting Minutes: The minutes from the January 10, 2023 meeting were not available for approval and so will be presented for approval at the meeting of February 14, 2023 Motion By: Second By: Public Comments: No public comments Reports: Commissioner Pease discussed his weekly meeting with the mayor on the topics of the Gateway corridor, the 40 % rule and siding types allowed on commercial structures 2. Approval of minutes for the Regular City of Ocean Shores Planning Com... Page 5 of 20 Commissioner Ward briefly brought up State House Bill 11.10 which requires cities with populations of 6,000 or greater to allow builds of up to 6 plexis on a single lot. More research will need to be done to see how this impacts OS residential, R1 zoning, but the basic wording abolishes our R1 zoning. Continued Business: A public hearing will be needed for creation of the Gateway Corridor New Business: This meeting was dedicated to the Planning Commissions Annual “Retreat” and topics that commissioners would like to see discussed for 2023. Below is a brief listing of topics Carry over from last year is the Gateway District and Lot Clearing/Landscaping Commissioner Bachman: Addressing safety issues at the intersection of Ocean Lake Way and Pt. Brown Blvd. Commissioner Bricker: Addressing, clarifying and updating the current Nuisance / Maintenance code and Abatement Commissioner Ward: Review the ADU code for compliance with the State code. Review/revise the current ordinances /codes for Hotel/Motel / Overnight Rentals and definitions. Commissioner Barr: Investigating Green recycling/yard waste management and noxious vegetation ordinance / code Commissioner Pease: Cycling and walking improvements, Fire Hazzard research for the Interdunal wetlands. Also research into impervious cover and early adoption of still water discharge. Additionally defining the maximum square footage allowed to gravel Marshall Read, City Planner: Revise Wetland and Shoreline alternative language from other municipalities that appear to be more liberal, e.g. buffer rule language for the SMP. In addition critical areas ordinances being dovetailed or combined. Secretary of Next Meeting: Commissioner Bricker Future Meeting: Tuesday February 14, 2023 2:00 PM Ocean Shores Library Adjournment: Motion By: Commissioner Bricker Second By: Commissioner Barr Motion Unanimously Approved 2. Approval of minutes for the Regular City of Ocean Shores Planning Com... Page 6 of 20 2. Approval of minutes for the Regular City of Ocean Shores Planning Com... Page 7 of 20 Ocean Shores Municipal Codes with regards to lot clearing. 20221213 17.50.100 Clearing and grading. A. Clearing of vegetation and grading or re-grading of the land surface shall not be allowed except when conducted pursuant to, and in conformance with, a clearing and grading permit issued by the city. 1. At the time of clearing/grading permit application, a plan for landscaping shall be submitted to the city that clearly indicates the applicant’s plan for meeting the landscaping and erosion prevention requirements of this section. Plan shall be to scale, indicate the location of structures and the location of all existing significant trees. If a portion of the property is to be left in its natural state and that natural state is left undisturbed that shall be so noted on the plan. 2. The clearing and grading permit shall be issued only upon approval of the landscaping plan as meeting these requirements and conditioned on implementation of the plan as approved. B. Landscaping of Single-Family and Duplex Dwellings. The plan shall provide assurance that the following requirements are met: 1. The portion of the property not occupied by structures shall be left in its natural state or shall be aesthetically treated with plants, shrubs, trees or other forms of landscape materials. The plantings used will be those native to the area or those which are suited to survival in the climate and soil conditions of Ocean Shores. That portion of the property not occupied by structures shall have, at a minimum, ground cover adequate to control soil erosion and prevent the soil or sand from blowing or washing onto other properties or streets. The plan shall include management measures to prevent erosion on all areas of the site where soil is exposed during construction or grading with appropriate temporary means based on seasonal and site character considerations. 2. Retained existing vegetation may be used to meet all or portions of the landscaping requirements of this section. The retention of vegetation that promotes or preserves continuous overstory canopies, wildlife corridors and/or native vegetation adjacent to critical area buffers is especially encouraged. 3. Significant trees, which shall mean existing trees over eight inches in caliper (excluding alders and cottonwoods) as measured four feet above grade, shall be retained as follows: a. All significant trees located within areas designated for retention in a natural state which are not dead, dying, diseased, and do not pose 3. Lot Clearing and Landscaping Code Led by: Planning Commissioner, Kerr... Page 8 of 20 a significant safety hazard shall be retained; b. At least ten percent by number of the significant trees on the subject property shall be retained. The city may approve modifications or require minor site plan alterations to achieve tree retention in compliance with this requirement. Where the location of the existing significant trees interferes with reasonable placement of the primary use structure, a landscaping plan may provide for the retention of fewer significant trees than required by this section only if the trees to be removed are replaced at a ratio of three to one. 4. Grading plans shall assure that the productive character of the soil is protected or restored on all areas of the site not occupied by buildings. Where significant trees are to be retained, an area equal to the drip line of the tree plus three feet shall be preserved around the tree at original grade or the landscaping plan shall include provisions to otherwise properly protect the tree. Areas adjacent to retained natural areas shall either have a graded transition or structural means to assure adequate retention of soil to support the natural vegetation. C. Landscaping of Other Sites and Uses. The plan shall provide assurance that the following requirements are met: 1. All new developments with parking lots holding fifteen cars or more shall provide landscaping of seven percent of the gross area designated for parking in the form of strips bordering the parking lot along adjacent properties or streets and/or islands or strips separating the tiers of parking spaces as appropriate to design and layout of the parking area. The plantings used will be those native to the area or those which are suited to survival in the climate and soil conditions of Ocean Shores. 2. Any portion of a property not proposed to be occupied by structures or pavement shall have, at a minimum, ground cover adequate to control soil erosion and prevent the sand from blowing or washing onto other properties or streets. The plan shall include management measures to prevent erosion on all areas of the site where soil is exposed during construction or grading with appropriate temporary means based on seasonal and site character considerations. 3. Any portion of the property not occupied by structures shall be left in its natural state or shall be aesthetically treated with plants, shrubs, trees or other forms of landscape materials. D. All landscaped areas shall be continuously maintained and kept free of litter. Additional landscaping is permitted. 3. Lot Clearing and Landscaping Code Led by: Planning Commissioner, Kerr... Page 9 of 20 Research. I choose three small cities in Western Washington which have examples of performance bonds and nuisance liens. The Cities selected are Arlington, North Bend and Burien. These cities all have combinations of developments, open spaces, natural vegetation, and wildlife. Below are sone excerpts from the closest relation ordinances to landscaping and landscape maintenance. This in by no means an exhaustive list but gives some general idea of the requirements of these municipalities and how they attempt to assure compliance. City of North Bend Bond Example City of North Bend municipal Code 18.18, landscaping regulations section 18.18.150 Landscape maintenance states: 18.18.150 Landscape maintenance. A. Replacement. The property owner shall replace any unhealthy or dead plant materials in conformance with the approved landscape plan, shall maintain all plant material and irrigation facilities, and shall keep all landscape areas free of invasive species. B. Maintenance Assurance. The community and economic development director shall require a maintenance assurance device and landscape maintenance agreement for a period of three years from the completion and approval of the planting in order to ensure compliance with this section. The amount of the maintenance assurance device shall be 20 percent of the cost of plant materials plus installation. A maintenance assurance device and landscape maintenance agreement are not required for an individual single- family home constructed outside of a new short plat or subdivision. C. Minimal Landscape Project Fee-In-Lieu of Maintenance Assurance. For projects that have a landscape project cost for plant materials and installation valued at $5,000 or less, an applicant may provide a fee-in-lieu of maintenance assurance device to the city in the amount of 10 percent of the value of the landscaping, subject to entering a fee-in-lieu landscape agreement with the city. (Ord. 1671 § 1 (Exh. A (part)), 2018: Ord. 1390 § 1, Exh. A (part), 2010: Ord. 1305 § 1, Exh. A (part), 2008: Ord. 1256 § 1 (part), 2006: Ord. 1237 § 16 (part), 2005: Ord. 1020 (part), 1997: Ord. 801 § 7, 1989). 3. Lot Clearing and Landscaping Code Led by: Planning Commissioner, Kerr... Page 10 of 20 Section 18.18.160 Performance assurance. The required landscaping must be installed prior to issuance of the final plat approval, issuance of a certificate of occupancy, or issuance of any other final permit necessary to approve land development or construction; provided, however, that the director in his or her sole discretion may accept a bond, letter of credit, or other performance assurance device to ensure installation of all required landscaping by such later date as determined by the director. Any such performance assurance device shall be in a form acceptable to the director and in an amount determined by the director of not less than 150 percent of the cost of all required plant materials and installation. In no case shall such performance security device be in an amount less than $1,500. (Ord. 1671 § 1 (Exh. A (part)), 2018: Ord. 1390 § 1, Exh. A (part), 2010: Ord. 1305 § 1, Exh. A (part), 2008: Ord. 1256 § 1 (part), 2006: Ord. 1237 § 16 (part), 2005: Ord. 1020 (part), 1997: Ord. 801 § 8, 1989). City of Arlington Lien example 16.24.020 - Document adopted by reference. The current edition of the International Property Maintenance Code, as published by the International Code Council, is adopted by reference as the city's property maintenance code. NOTE*****The city of Arlington uses the International Property Maintenance Code for landscaping requirements except where a new platted development is being requested. In that case they require an HOA 20.44.290 - Site and building maintenance. All exteriors of all buildings and other structures shall be maintained in a clean and well-maintained condition. All outside space, including landscaped and open space areas shall be kept free of litter and debris. All plant material shall be kept free of disease, dead material, and weeds that may constitute a health or fire nuisance. (Ord. 1309 § 5(part), 2003) 3. Lot Clearing and Landscaping Code Led by: Planning Commissioner, Kerr... Page 11 of 20 This is their section that refers to placing a lien on nuisance properties. 16.24.190 - City performance of work of demolition or repair, and recovery of costs. SHARE LINK TO SECTIONPRINT SECTIONDOWNLOAD (DOCX) OF SECTIONSEMAIL SECTIONCOMPARE VERSIONS If the owner or party in interest following exhaustion of the rights to appeal fails to comply with the final order to repair, alter, improve, vacate, close, remove, or demolish the dwelling, building, structure, or premise, the building official may direct or cause such dwelling, building, structure, or premises to be repaired, altered, improved, vacated, and closed, removed, or demolished. The amount of the cost of such repairs, alterations or improvements; or vacating and closing; or removal or demolition by the building official, shall be assessed against the real property upon which such cost was incurred unless such amount is previously paid. Upon certification by the city of the assessment amount being due and owing, the county treasurer shall enter the amount of such assessment upon the tax rolls against the property for the current year and the same shall become a part of the general taxes for that year to be collected at the same time and with interest at such rates and in such manner as provided for in Revised Code of Washington 84.56.020, as now or hereafter amended, for delinquent taxes, and when collected to be deposited to the credit of the general fund of the city. If the dwelling, building, structure, or premises is removed or demolished by the building official, the building official shall, if possible, sell the materials of the dwelling, building, structure, or premises, and shall credit the proceeds of such sale against the cost of the removal or demolition, and if there be any balance remaining, it shall be paid to the parties entitled thereto, as determined by the building official, after deducting the costs incident thereto. The assessment shall constitute a lien against the property, which shall be of equal rank with state, county and municipal taxes. City of Burien Municipal Code 19.25 Landscaping BOND example 19.25.110 Landscaping – Installation. 1. Landscaping shall be installed prior to issuance of a certificate of occupancy for the project or project phase. 3. Lot Clearing and Landscaping Code Led by: Planning Commissioner, Kerr... Page 12 of 20 2. The time limit for compliance may be extended to allow installation of landscaping during the next appropriate planting season, provided that a bond or other financial guarantee pursuant to BMC 19.25.180 is submitted prior to issuance of a certificate of occupancy. [Ord. 293 § 1, 2000] 19.25.120 Maintenance. 1. All landscaping shall be maintained for the life of the project. 2. All landscape materials shall be pruned and trimmed as necessary to maintain a healthy growing condition or to prevent primary limb failure. 3. Except for dead, diseased, or damaged trees specifically retained to provide wildlife habitat, other dead, diseased, damaged, or stolen plantings shall be replaced within three months or during the next planting season if the loss does not occur in a planting season. 4. Landscape areas shall be kept free of trash. [Ord. 780 § 32, 2022; Ord. 648 § 1, 2017; Ord. 293 § 1, 2000. Formerly 19.25.170] 19.25.130 Bonds/security. Performance bonds or other appropriate security (including letters of credit and set-aside letters) shall be required for three years after the planting or transplanting of vegetation to insure proper installation, establishment, and maintenance. [Ord. 780 § 33, 2022; Ord. 648 § 1, 2017; Ord. 293 § 1, 2000. Formerly 19.25.180] 3. Lot Clearing and Landscaping Code Led by: Planning Commissioner, Kerr... Page 13 of 20 Conclusion: In my opinion, any ordinance that has wording to the effect of …”at the discretion of”…can create the appearance of unfairness and so a definitive time period, for example 90 days past issuance of an occupancy certificate is more appropriate. However, it may also be taken under advisement that certain portions of a detailed landscaping plan may have to be installed during the planting season which may fall out of the 90 days. To avoid this the, OS requirement should be a minimum landscape plan that; 1) replaces significant trees, 2) provides for erosion control and, 3) provides removal of noxious plants, shrubs etc. Bond amounts range from $1500 to $5000. The lesser of 1% in home/property value or $5000 should be adequate to provide for minimum landscaping. In addition, this should be for any lot clearing permit regardless of the issuance of a building permit. Camping lots and other clearing projects should be subject to the same minimum landscaping requirements and therefore the 90-day example period would be from completion of the lot clearing process. Another consideration would be to update the ordinance to have a requirement that all improved lots be required to have minimal landscaping on the street facing sides of the property. We may also consider whether the bond is with be more impactful to have the bond with the builder rather than the homeowner. The idea is for compliance. 3. Lot Clearing and Landscaping Code Led by: Planning Commissioner, Kerr... Page 14 of 20 Middle Income Housing and Multifamily Zoning Possible Consiiderations 1. Eliminate, reduce or standardize minimum square footage and multistory square footage requirements of OSMC 17.50.210 D and E (below). 2. Modify minimum lot square footage (density) requirements in multi-family zones to allow subdivision and construction of multiple individual homes. 3. Prohibit construction of one single family home on a multifamily (R-2 and above) lot. Applicable and Sample Ocean Shores Municipal Code: 7.50.150 Erection of more than one principal structure on a lot. With the exception of parcels zoned R-1, single-family residential, more than one structure housing a permitted or permissible principal use may be erected on a single lot; provided, that yard and area requirements shall be met for each structure and the total of all structures as though the structure(s) were on an individual lot. (Ord. 837 § 1 (part), 2008: Ord. 343 § 3, 1982: Ord. 136 § 6.15, 1974) 17.50.190 Special lot size provisions. For townhouses or row houses the minimum lot size and width requirements may be reduced subject to obtaining a conditional use permit or by a planned development, whichever is required by the zoning district. Lots shall include the land area within the exterior walls of the dwelling and may include additional open area. Lots shall have twenty feet of frontage on a public street or the intervening area between the lot and the street shall be in common ownership. The total area of all lots and contiguous areas in common ownership shall not be less than the total area which would have been used by standard development. The provisions of this section shall only apply where the total area of all lots and contiguous areas in common ownership is less than one acre. Townhouses or row house developments shall comply with the requirements of the subdivision ordinance codified in Title 16 of this code. (Ord. 837 § 1 (part), 2008: Ord. 136 § 6.20, 1974) 17.50.210 Architectural features. A. No building or combination of buildings shall occupy more than forty percent of total lot area including nonpermitted structures. 4. Middle Income Housing and Multi-Family Zoning Led by: Planning Commis... Page 15 of 20 B. All lots shall be seven thousand two hundred square feet minimum except lots as platted on date of adoption of the ordinance codified in this chapter. C. Provisions for off-street parking in all use districts shall be mandatory. D. This subsection (D) shall not apply to dwellings described under Section 17.04.160 (Dwelling, multiple), Section 17.04.170 (Dwelling, two-family) and to row houses and other common wall residential developments where the underlying land is subdivided to allow ownership of the individual lot and home. In addition, no dwelling shall be permitted on any lot wherein the main floor area of the main structure, exclusive of open porches and garages, shall be less than the minimum floor space shown in the following schedule: Division Number Minimum in Square Feet 1, 2, 3, 4, 5, 5A, 6, 7, 650 8, 9 10, 11 800 12 650—excluding trailers and mobile homes. 14, 15, 16, 17, 21 800—on waterfront lots. 650—all other lots. 17A, 18, 19, 19A, 20, 1,000—on waterfront lots. 22, 23, 24, 24A 800—all other lots. E. A more than one-story dwelling shall have a minimum main floor area of the main structure, exclusive of open porches and garages, as shown in the above schedule and in addition shall have at least a combined total floor area, exclusive of open porches and garages, of one thousand square feet. F. Chimneys, cornices, canopies and eaves or similar architectural features and fire escapes, outside stairways, and decks may project into any required yard only to the extent permitted by the building code. G. Eaves and gable ends must be a minimum of twelve inches. An eave is the distance between the structure side wall to the fascia, not including the gutter. This is applicable to reroofing or additions to existing structures unless the existing structure already has gables under twelve inches, in which case, the addition should match the existing architecture. Sheds, gazebos and greenhouses are exempt from this requirement. H. Roofing materials shall be wood shingle or shake, composition, asphalt laminate, clay, or architectural metal. 1. Membrane roofs comprised of torch down, polyvinyl chloride or hot tar as a primary roofing material in residential buildings are permitted 4. Middle Income Housing and Multi-Family Zoning Led by: Planning Commis... Page 16 of 20 provided the exposed facade is screened from street-level view. 2. Exposed fastener corrugated metal or corrugated fiberglass roofing is not permitted. I. Architectural elevations must meet the following: 1. The same architectural elevation shall be separated by a minimum of two other homes. Reversing/mirroring home does not change the architectural elevation. 2. An articulation is an architectural element such as a one-story porch or bay window. One such element shall be used on sides of the building that face toward a public street, shared access easement, or common green. The articulation shall be offset a minimum of twelve inches. A garage setback does not count as an articulation. 3. Both attached and detached garages must be in keeping with the home’s architectural design and finishes. J. Exterior finishes must meet the following: 1. Wood, or wood-style, insulated lap, or other nonmetallic-appearing siding is required on primary structures, outbuildings, and accessory structures; and a. The exterior of the home must be finished with a minimum of two types of materials or variation in reveals. Window and door trim count as a second reveal; architectural metal siding is allowed as an accent only and not the primary siding material. b. Exposed fastener metal siding is prohibited on residential buildings. c. Exposed ends of stone and masonry facades must be finished with trim or end caps. d. All garage sides that are visible from streets or shared access easements shall provide architectural details and trim consistent with the design of the home. e. Attached garages or attached carports which provide a third bay or more of covered or enclosed space must be offset a minimum of two feet from the first two covered or enclosed spaces. K. Porches, decks, and patios must meet the following requirements: 1. Architecture of the primary pedestrian landing must include a covered area of at least thirty square feet. Eave overhang alone does not constitute cover. 4. Middle Income Housing and Multi-Family Zoning Led by: Planning Commis... Page 17 of 20 2. Steps used to access front porches or stoops must be coordinated to the primary structure through the use of coordinating materials or architectural elements. L. All exterior stairs must have closed-face risers. M. Unpermitted accessory structures are limited to three per house. No building or combination of buildings permitted or otherwise shall exceed forty percent of the lot area as specified per this section. N. All mechanical equipment, including public utilities, must be screened so as not to be visible from the street, shared access easement, and common green spaces. Screening can be accomplished by fencing, architectural screening, or evergreen landscape material. Equipment to be screened includes, but is not limited to, heating and air conditioning units, venting associated with commercial grade cooking facilities, and any mechanical equipment associated with pools or hot tubs, propane tanks and sewer vent pipes. Meters requiring routine visual access do not need to be screened. O. Homes must meet the following lighting requirements: 1. All front entryways shall have an exterior light. 2. In multifamily housing projects exterior lighting must be installed with a timer or sensors so that it operates automatically regardless of occupancy. 2. Light that trespasses beyond the lot boundary and illuminates neighboring windows is not permitted. P. No portable storage tents, temporary canopies or other similar structures may be located within the front yard; provided, however, that portable canopies or tent structures may be used during events or yard sales but must be removed within seventy-two hours of the sale or other event. (Ord. 1085 § 3, 2022; Ord. 837 § 1 (part), 2008: Ord. 136 § 6.21, 1974) R-2 ZONE—DUPLEX Sections: 17.18.010 Purpose. 17.18.020 Permitted uses. 17.18.030 Conditional uses. 17.18.040 Prohibited uses. 17.18.050 Density regulations. 4. Middle Income Housing and Multi-Family Zoning Led by: Planning Commis... Page 18 of 20 17.18.060 General regulations. 17.18.010 Purpose. This district is intended for low-density, single-family and two-family dwellings, in order to assure adequate light, air, open space, privacy, and the protection of property values. Other uses should only be allowed if they are compatible with these values and consistent with the overall public interest. (Ord. 837 § 1 (part), 2008: Ord. 136 § 3.07 (part), 1974) 17.18.020 Permitted uses. Permitted uses shall be as follows: A. All uses permitted in the R-1 zone. B. Two-family dwellings. (Ord. 837 § 1 (part), 2008: Ord. 136 § 3.07(a), 1974) 17.18.030 Conditional uses. The following uses may be allowed in the R-2 zone upon approval of a conditional use permit in accordance with the provisions of Sections 17.52.040 through 17.52.080: A. Public and semi-public uses as provided in Section 17.50.040. B. Resource extraction as provided in Section 17.50.050. (Ord. 837 § 1 (part), 2008) 17.18.040 Prohibited uses. A. All uses not specifically listed as permitted or conditional uses in this district are prohibited uses; provided, that the city planner may determine that a proposed use is substantially similar to a listed permitted use and authorize the use in accordance with Section 17.06.050; provided further, that uses similar to listed conditional uses may be processed for consideration by the hearing examiner pursuant to Section 17.06.060. B. Homeless services uses are prohibited in the R-2 zone. (Ord. 1076 § 2, 2021; Ord. 837 § 1 (part), 2008) 17.18.050 Density regulations. A. One single-family dwelling is allowed per established and recorded lot according to the plats existing as of August 1, 2003, or as legally created thereafter under the provisions of the city short plat and subdivision 4. Middle Income Housing and Multi-Family Zoning Led by: Planning Commis... Page 19 of 20 requirements. B. Two-family dwellings shall have a minimum lot size of eight thousand square feet per structure. C. Subdivisions, short plats, replats and/or boundary line adjustments shall have a minimum lot size of seven thousand two hundred square feet. (Ord. 837 § 1 (part), 2008) 17.18.060 General regulations. The provisions of Section 17.16.060, General regulations, of the R-1 zone, and Section 17.16.070, Regulations for manufactured homes, shall also apply in the R-2 zone. (Ord. 837 § 1 (part), 2008) 4. Middle Income Housing and Multi-Family Zoning Led by: Planning Commis... Page 20 of 20

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