Planning Commission Meeting

Agenda City of Ocean Shores Planning Commission Meeting Join Zoom Meeting Online Click Here Join by Phone Phone Number: 1.253.215.8782 Meeting ID: 849 8675 2446 Passcode: 042536 Tuesday Ocean Shores Library June 27, 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 June 13, 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 June 27, 2023 Old Business New Business Discussion 2. Review of Districts 17, 17A, 18, 19, 19A • Presented by: Planning Commissioner, Mark Lawlis 5 - 18 3. Low Density/Single Family Residential Code • Led by: Planning Commission Chair, Gary Pease Page 1 of 18 Page Reports 4. Planning Commission Member(s) Report • Dan Bricker • Gary Pease • Thorn Ward • Kerry Barr • Paul Schulz • Brian Bachman • Mark Lawlis Future Meeting Date July 11, 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 18  MINUTES Ocean Shores Planning Commission Regular Meeting Tuesday, 6/13/2023 – 2:00 p.m. Ocean Shores Public Library Meeting Room 573 Point Brown Ave NW, Ocean Shores, WA Minutes taken by Commissioner Bachman • Call to Order Chair Gary Pease called the meeting to order at 2:00 p.m. • Roll Call Planning Commissioners present: Gary Pease, Dan Bricker, Thorn Ward, Kerry Barr, Paul Schulz, Brian Backman and Mark Lawlis Planning Commissioners absent: None City Staff present: City Planner, Marshall Read; City Clerk, Sara Logan • Approval of Meeting Agenda • Commissioner Bricker moved to approve the meeting agenda with the addition of adding public discussion at the end. • Commissioner Barr seconded the motion. The motion passed unanimously. • Public Comments No Comments • Reports: No reports • Continued Business: None • New Business: Shoreline Master Plan • Marshall presented a review of the shoreline master plan. • No comments • Commissioner Bricker moved to recommend to the City Council approval of the proposed amendments to the city’s SMP, with the addition of a WGS Geologic Information Portal reference and forward the recommendation with the suggested findings of fact. • Commissioner Lawless Seconded. The motion passed unanimously. • Alignment of zoning with the Comprehensive Plan • Commissioner Pease led a discussion in review of past efforts and planning of future endeavors to align zoning with the 2020 comprehensive plan. • Commissioners Barr and Lawless volunteered to walk round divisions 17, 17a, 18, 19 and 19a, in order to get a clear idea of the realities of the developments in these divisions. • Members of the Commission Reports • None Page 1 of 2 1. Approval of minutes for the Regular City of Ocean Shores Planning Com... Page 3 of 18  • Public Comments • Secretary for Next Meeting Chair Gary Pease appointed Commissioner Lawless secretary for the 6/27/2023 Meeting. • Future Meetings • Next meeting is at 2:00 p.m. on 6/27/2023. • Meeting will be held at the Ocean Shores Public Library meeting room located at 573 Point Brown Ave NW, Ocean Shores, WA. • 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. • Adjournment • Commissioner Bachman moved to adjourn. • Commissioner Lawless seconded the motion. Motion passed unanimously. • Chair Gary Pease adjourned the meeting at approximately 3:04 p.m. Page 2 of 2 1. Approval of minutes for the Regular City of Ocean Shores Planning Com... Page 4 of 18  Page 1/14 Chapter 17.RL Deleted: 16 R-L ZONE LOW DENSITY/ SINGLE-FAMILY RESIDENTIAL Deleted: 1 Sections: 17.RL.010 Purpose. Deleted: 16 17.RL.020 Permitted uses. Deleted: 16 17.RL.030 Conditional uses. 17.RL.040 Prohibited uses. Deleted: 16 17.RL.050 Density regulations. Deleted: 16 17.RL.060 General regulations. 17.RL.070 Regulations for manufactured homes. Deleted: 16 Deleted: 16 17.16.010 Purpose. Deleted: 16 This district is intended for low-density, detached, single-family dwellings, to assure the maximum of light, air, open space, privacy, and the protection of property values. Other uses shall only be allowed if they are compatible with Deleted: in order these values and consistent with the overall public interest. (Ord. 837 ß 1 (part), 2008: Ord. 793 ß 2, 2005: Ord. 791 Deleted: should ß 3, 2005: Ord. 136 ß 3.06 (part), 1974) 17.16.020 Permitted uses. Permitted uses shall be as follows: A. Single-family residences; B. Manufactured homes that conform to the requirements of Section 17.16.070; C. Home occupations, subject to Section 17.50.030; D. Camping, subject to Sections 15.12.020 and 15.12.025; E. Nonaccessory structures in compliance with the provisions of Section 17.50.115; F. Accessory structures as follows: 1. Residential garages and carports, private workshops, boat docks, private greenhouses, and other uses of a similar and compatible nature, all subject to Section 17.50.110; 2. Fences, walls and hedges subject to Sections 17.50.120 and 17.50.130; 3. Off-street parking subject to Chapter 17.54. (Ord. 940 ß 2 (part), 2014: Ord. 837 ß 1 (part), 2008: Ord. 791 ß 4, 2005; Ord. 759 ß 6, 2003; Ord. 136 ß 3.06(a), 1974) 17.16.030 Conditional uses. The following uses may be allowed in the R-1 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 ß 1 (part), 2008: Ord. 318 ß 1(E), 1981; Ord. 136 ß 3.06(b), 1974) 17.16.040 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 3. Low Density/Single Family Residential Code Led by: Planning Commissio... Page 5 of 18  Page 2/14 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-1 zone. (Ord. 1076 ß 2, 2021; Ord. 837 ß 1 (part), 2008: Ord. 136 ß 3.06(c), 1974) 17.16.050 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 requirements. B. Subdivisions, short plats, replats and/or boundary line adjustments shall have a minimum lot size of seven thousand two hundred square feet. (Ord. 837 ß 1 (part), 2008: Ord. 555 ß 2, 1993: Ord. 136 ß 3.06(d), 1974) 17.16.060 General regulations. A. Minimum front yard depth in feet, twenty; B. Minimum side yard depth in feet, five; C. Minimum rear yard depth in feet, twenty-five; D. For corner lots, minimum front depth in feet, twenty; on flanking street(s) minimum yard depth in feet, ten, excepting garages with vehicular entrances fronting on flanking streets shall have a minimum setback in feet, twenty; minimum yard depth from adjacent property in feet, five; E. For irregularly shaped lots: lots that are not generally rectangular shall have yards that most nearly meet the requirements for rectangular lots as determined by the city planner or in his or absence the public works director or designee, but in no case shall the setback be less than five feet from any property line, nor less than twenty-five feet from the apparent rearmost point, nor less than twenty feet from the apparent frontmost point. Yards may be tapered to conform to the irregular lines of the lot; F. Wood, or wood-style, insulated lap, or other nonmetallic-appearing siding is required on primary structures, outbuildings, and accessory structures; and G. All of the general regulations set forth in Chapters 17.50 and 17.54 of this title that do not specifically exclude this district. (Ord. 1028 ß 1, 2018; Ord. 858 ß 1 (part), 2009; Ord. 837 ß 1 (part), 2008: Ord. 759 ß 7, 2003: Ord. 611, 1997; Ord. 343 ß 1, 1982: Ord. 253, 1978: Ord. 136 ß 3.06(e), 1974) 17.16.070 Regulations for manufactured homes. Uses and regulations for manufactured homes are as follows: A. The manufactured home shall be a new manufactured home. B. The manufactured home shall be set upon a permanent raised foundation, with crawl space as required by WAC 296-150I-0310(n), as specified by the manufacturer, and the space from the bottom of the home to the ground must be enclosed by concrete or an approved concrete product which can be either load-bearing or decorative. C. The manufactured home shall comply with all local design standards applicable to all other homes within the neighborhood in which the manufactured home is to be located. D. The manufactured home shall be thermally equivalent to the State Energy Code. 3. Low Density/Single Family Residential Code Led by: Planning Commissio... Page 6 of 18  Page 3/14 E. The exterior siding of all primary structures, outbuildings, and accessory or nonaccessory structures shall be similar in appearance to siding materials authorized and commonly used on conventional site-built single-family residences in the city. F. The manufactured home shall otherwise meet all other requirements for a designated manufactured home as defined in RCW 35.63.160. (Ord. 1085 ß 2, 2022; Ord. 837 ß 1 (part), 2008: Ord. 793 ß 3, 2005: Ord. 791 ß 5, 2005) 3. Low Density/Single Family Residential Code Led by: Planning Commissio... Page 7 of 18  Page 4/14 Referenced Codes: 15.12.020 Recreational vehicle use as temporary living quarters on an undeveloped lotóConditions. Unless otherwise authorized by this code, a recreational vehicle may be parked on an undeveloped lot (regardless of the number of lots owned) for a maximum of ninety cumulative days in any one calendar year. The above-described use may occur only under the following conditions: A. All zoning requirements must be met, and all recreational vehicles must be placed on the lot in accordance with R-1 zoning setback standards, and waterfront setback standards, if applicable. B. The recreational vehicle may only be used on property owned by the operator of the recreational vehicle, or by another person if the owner of the property has given written permission for such other personís use. Use by other persons shall count against the ownerís ninety-day cumulative total. The time limits authorized by this chapter may not be increased by moving the recreational vehicle to a different lot during the same calendar year. No undeveloped lot may be leased or rented to another person. C. The operator must obtain a camping permit from the police department or other designated city officer prior to each placement. The mayor is empowered to establish rules and regulations governing the issuance of such permits and to provide for a permit fee sufficient to cover estimated expenses incurred. D. The recreational vehicle must be self-contained or hooked up to an approved sanitary system. Porta-potties do not meet this requirement. E. The camping permit must be posted at the street property line next to the driveway. F. Any time a recreational vehicle is parked on a lot after ten p.m., as permitted herein, it is presumed to be used as living quarters regardless of its occupancy, and each day shall be counted toward the maximum period authorized by this chapter. G. Up to two recreational vehicles may be used per undeveloped lot. Any recreational vehicles which exceed that number may be approved at the sole discretion of the mayor or designee, on a once-a-year basis, for a maximum period of seven days, provided the excess recreational vehicles meet R-1 zoning setback standards, and waterfront setback standards, if applicable. Upon a showing of exceptional circumstances, the mayor or designee shall also be empowered to extend the term of a camping permit. H. Tent camping will not be allowed, except in conjunction with a self-contained recreational vehicle, or a recreational vehicle hooked up to an approved sanitary system. Tents may not exceed one hundred square feet, and only one tent per recreational vehicle shall be allowed, not to exceed two tents per lot. I. Up to two recreational vehicles may be placed as noted above on private real property, not owned by the city, with or without a primary structure, for use as security quarters. This placement must be in conjunction with an approved special event. The mayor or designee must approve this placement. J. The mayor or designee is authorized to allow the use of recreational vehicles on real property owned by the city, at his/her sole discretion. (Ord. 940 ß 1 (part), 2014: Ord. 691 ß 1, 2000: Ord. 647 ß 4 (part), 1998: Ord. 515 ß 1, 1991; Ord. 510 ß 1, 1990: Ord. 150 ß 2, 1974) 15.12.025 Recreational vehicle use as temporary living quarters on a developed lot Conditions. The intent of this code is to manage the use of recreational vehicle camping on developed lots within the city limits zoned for residential (R-zones). Outdoor storage of recreational vehicles in association with a residential use is identified in Section 17.50.200. Unless otherwise authorized by this code, a recreational vehicle may only be used as temporary living quarters on a developed lot (regardless of the number of lots owned) for a maximum of ten consecutive days and thirty cumulative days in any one calendar year. The above-described use may occur only under the following conditions: 3. Low Density/Single Family Residential Code Led by: Planning Commissio... Page 8 of 18  Page 5/14 A. All zoning requirements must be met, and all recreational vehicles must be placed on the lot in accordance with R-1 zoning setback standards, and waterfront setback standards, if applicable. B. The recreational vehicle may only be used on property owned by the operator of the recreational vehicle, or by another person if the owner of the property has given written permission for such other personís use. Use by other persons shall count against the ownerís thirty-day cumulative total. The time limits authorized by this chapter may not be increased by moving the recreational vehicle to a different lot during the same calendar year. C. No recreational vehicle on a developed lot may be leased or rented to another person. D. The operator must obtain a camping permit from the police department or other designated city officer prior to each placement. The mayor is empowered to establish rules and regulations governing the issuance of such permits and to provide for a permit fee sufficient to cover estimated expenses incurred. E. The recreational vehicle must be self-contained or hooked up to an approved sanitary system. Porta-potties do not meet this requirement. F. During the time a recreational vehicle is being occupied as temporary living quarters, the camping permit must be posted at the street property line next to the driveway. G. Two recreational vehicles may be used per developed lot, at any one time regardless of zoning designation or multifamily complex. Additional recreational vehicles may be approved at the sole discretion of the mayor or designee, on a once-a-year basis, for a maximum period of ten days, provided the excess recreational vehicles meet R-1 zoning setback standards, and waterfront setback standards, if applicable. Upon a showing of exceptional circumstances, the mayor or designee shall also be empowered to extend the term of a camping permit. H. Tent camping will not be allowed, except in conjunction with a self-contained recreational vehicle, or a recreational vehicle hooked up to an approved sanitary system. Tents may not exceed one hundred square feet, and only one tent per recreational vehicle shall be allowed. I. A property owner may use a personal recreational vehicle on their property during emergency conditions as temporary living quarters for a maximum of thirty days without counting against the normal thirty days. All other conditions apply and a permit is required. 17.04.371 Nonaccessory structures. ìNonaccessory structureî means a shed-type structure or fence, which is independent of any principal structure, and which may be erected on undeveloped real property within the city limits. For the purpose of this section, undeveloped real property is defined as real property, which does not contain a principal structure as defined in Section 17.04.441. (Ord. 1017 ß 1, 2018: Ord. 837 ß 1 (part), 2008: Ord. 692 ß 1, 2000) 17.04.441 Principal structure. ìPrincipal structureî means a structure which houses or contains a permitted use allowed by any of the following sections or subsections: 17.16.020, 17.18.020(A), 17.20.020(A), 17.22.020(A), 17.24.020(A), 17.26.020(A), 17.28.020(A), 17.30.020(A), 17.32.020(A), 17.34.020(A), (B), and (C) and 17.36.020(A), (B), and (C). (Ord. 837 ß 1 (part), 2008: Ord. 255 ß 2, 1978) 17.06.050 Interpretation of permitted uses. A. Permitted uses are allowed as a matter of right subject to compliance with all applicable general and use specific regulations and standards. B. The listed ìpermitted usesî are intended as examples of permitted uses rather than an exhaustive list. Where a person applies for a use not specifically listed in the ìpermitted uses,î the city planner will determine whether the use applied for may be considered a permitted use. Such determination shall be based upon the written purpose of the zone, the similarity of the use applied for to the listed permitted, conditional and prohibited uses in the zone and the relevant provisions of the comprehensive plan. Appeals of such determination by the city planner or in his or her 3. Low Density/Single Family Residential Code Led by: Planning Commissio... Page 9 of 18  Page 6/14 absence the public works director or designee may be made to the hearing examiner. See Chapter 17.58 for the appeal procedure and rules pertaining thereto. (Ord. 858 ß 1 (part), 2009; Ord. 837 ß 1 (part), 2008: Ord. 714 ß 8, 2001; Ord. 611, 1997; Ord. 136 ß 4.06, 1974) 17.06.060 Interpretation of conditional uses. A. Conditional uses are those which may be permitted to locate in a given district only after hearing and approval of a conditional use permit by the hearing examiner. The hearing examiner may deny permission to locate a conditional use, or it may approve the application with certain conditions. Such conditions may be derived from the contents of the ìintentî section for the district and the ìconditional use criteriaî section for the district. B. The listed ìconditional usesî are intended as examples rather than as an exhaustive listing. When a person applies for a conditional use permit for a use not specifically listed in the ìconditional useî section, the hearing examiner will determine whether the use applied for may be considered an appropriate conditional use for the particular district. Such determination shall be based upon the ìintentî section of the zone, the conditional use criteria in Chapter 17.52, the similarity of the use applied for to the listed permitted, conditional and prohibited uses in the zone and relevant provisions of the comprehensive plan. (Ord. 837 ß 1 (part), 2008: Ord. 714 ß 9, 2001; Ord. 136 ß 4.07, 1974) 17.16.070 Regulations for manufactured homes. Uses and regulations for manufactured homes are as follows: A. The manufactured home shall be a new manufactured home. B. The manufactured home shall be set upon a permanent raised foundation, with crawl space as required by WAC 296-150I-0310(n), as specified by the manufacturer, and the space from the bottom of the home to the ground must be enclosed by concrete or an approved concrete product which can be either load-bearing or decorative. C. The manufactured home shall comply with all local design standards applicable to all other homes within the neighborhood in which the manufactured home is to be located. D. The manufactured home shall be thermally equivalent to the State Energy Code. E. The exterior siding of all primary structures, outbuildings, and accessory or nonaccessory structures shall be similar in appearance to siding materials authorized and commonly used on conventional site-built single-family residences in the city. F. The manufactured home shall otherwise meet all other requirements for a designated manufactured home as defined in RCW 35.63.160. (Ord. 1085 ß 2, 2022; Ord. 837 ß 1 (part), 2008: Ord. 793 ß 3, 2005: Ord. 791 ß 5, 2005) 17.50.030 Home occupation. Home occupations, including but not limited to sewing, music studio, art studio, home and health care product distributor, bookkeeping, fishing equipment storage and repair, rooming and board of not more than two persons, family home child care, etc., shall be subject to the following conditions: A. The operation shall be conducted entirely within the confines of the operator’s residence or private garages. Deleted: í The only permitted outside activity related to a home occupation shall be children’s play space at a day care facility. Deleted: í B. The operation shall regularly employ, at the residence, only individuals of the immediate family who reside within the residence. 3. Low Density/Single Family Residential Code Led by: Planning Commissio... Page 10 of 18  Page 7/14 C. Only retail sales of a nature secondary to the home occupation shall be permitted on the premises. D. The area of use will not exceed thirty percent of the gross floor area of main building, exclusive of porches, decks, balconies and garages, or five hundred square feet, whichever is lesser. E. No external or internal alteration of the building will be permitted which affects the character of the building as a dwelling. F. No use shall require or involve the use of electrical or mechanical equipment that would change the fire rating of the structure. G. There shall be no outside storage of any kind related to the home occupation. H. There shall be no display or advertisement of product or products which is visible from the outside. I. The use may increase vehicular traffic flow and parking by no more than two additional vehicles at a time. All parking shall be on the property of the home occupation. J. No heavy equipment, such as, but not limited to, trucks over twelve thousand pounds gross vehicle weight, bulldozers, heavy equipment trailers, graders and backhoes shall be parked on the lot of the home occupation or any other residential lot except during construction or grading activity. K. No use shall create noise, dust, vibration, smell, smoke, glare, electrical interference, fire hazards, or any other hazard or nuisance to any greater or more frequent extent than that usually experienced in an average residential occupancy in the district in question, under normal circumstances wherein no home occupation exists. L. Rooming and boarding as a home occupation must be conducted in accordance with the provisions of Section 17.50.055, Transient rentals. Commented [GP1]: Clarify? M. Child daycare as a home occupation shall be limited to and in compliance with the requirements for family home child care as licensed by the state. N. The home occupation must hold a business license issued under Chapter 5.02. (Ord. 1065 ß 1, 2020; Ord. 837 ß 1 (part), 2008: Ord. 361 ß 2, 1983: Ord. 318 ß 1(F), 1981; Ord. 136 ß 6.03, 1974) 17.50.040 Public and semi-public uses. A. The following are conditional uses in any district: parks; playgrounds; cemeteries; golf courses; public and private schools; churches; community centers; child care centers; fire stations; country clubs; utility substations; hospitals; clinics; transmission lines; treatment plants; airports; public offices; and similar public and semi-public uses. B. In the business districts the following uses are permitted uses: libraries, police and fire stations, hospitals, clinics, public parking facilities and public offices. 17.50.050 Resource extraction. A. A conditional use permit shall be required for the removal of topsoil, sand, gravel or natural deposits below eighteen inches above the centerline of the adjacent road. Application for a conditional use permit shall include a map showing existing topography, access roads, property lines, an excavation or extraction plan, a restoration plan and final grading. B. The application must contain sufficient evidence that the following criteria will be met before a conditional use permit for resource extraction may be granted: 3. Low Density/Single Family Residential Code Led by: Planning Commissio... Page 11 of 18  Page 8/14 1. There shall be a restoration plan which will return the site to as nearly its original contour, grade and vegetation as possible. 2. The operation will cause no nuisance or pollution. 3. There will be no damage to nearby public or private property and facilities. 4. A performance bond or insurance may be required as a condition to granting the conditional use permit covering resource extraction. (Ord. 837 ß 1 (part), 2008: Ord. 136 ß 6.05, 1974) 17.50.110 Accessory structure standards. A. Accessory structures other than fences, walls and hedges, which are subject to Sections 17.50.120 and 17.50.130, are permitted on any lot only when there already exists on such lot a principal structure as defined by Section 17.04.441; provided, that temporary accessory structures are permitted when a building permit has been issued for a principal structure, but only for so long as such permit is in effect. B. All accessory structures, other than temporary accessory structures as permitted elsewhere in this section, shall comply with any and all applicable construction codes. C. Temporary accessory structures as provided for in subsection (A) of this section may only be used for storing tools, covering equipment and materials and uses directly incidental to the construction of the principal structure. D. Accessory structures shall be no closer than five feet to the side or rear property lines. (Ord. 837 ß 1 (part), 2008: Ord. 263 ß 1, 1978; Ord. 255 ß 3, 1978: Ord. 136 ß 6.11, 1974 17.50.115 Nonaccessory structures ñ Standards and application procedure. Owners of undeveloped real property as defined in Section 17.04.371 may erect one shed-type structure, and a fence on a vacant lot. Said nonaccessory structure may be erected pursuant to the following conditions: A. The property owner shall complete a city of Ocean Shores nonaccessory structure application, which application shall include: 1. A completed nonaccessory building permit application with applicable fee as set by resolution; and 2. A proposed site plan; and 3. Drawings and/or photographs of the proposed shed-type structure and fence, including dimensions; and B. Nonaccessory sheds may not exceed eighty square feet in area, and twelve feet in height; and C. Nonaccessory sheds may have a permanent foundation which must be securely anchored in a tie-down fashion; and D. Nonaccessory sheds may only have one window, and one door, and ventilation; and E. The exterior wall surface of nonaccessory sheds shall be constructed of wood, vinyl, and/or resin; and F. Nonaccessory sheds may not use electrical or plumbing fixtures and/or equipment, and may not hook up to electricity or plumbing; and G. The roofs of all nonaccessory structures shall be constructed of metal, wood, or composition; and 3. Low Density/Single Family Residential Code Led by: Planning Commissio... Page 12 of 18  Page 9/14 H. Regardless of the actual zoning designation of the undeveloped real property, nonaccessory structures shall be subject to and conform with R-1 setbacks for accessory structures; five feet from side and rear property lines; and, if applicable, waterfront setbacks; and I. Nonaccessory structures must comply with all federal, state, and local laws and regulations; and J. Owners of undeveloped real property upon which a nonpermitted nonaccessory structure exists shall make application as provided in subsection (A) of this section; and K. Violation of any of the provisions of this section shall result in summary abatement of any and all such structures. In the event abatement by the city occurs, the property owner shall be held responsible for all costs of abatement. (Ord. 1017 ß 2, 2018; Ord. 837 ß 1 (part), 2008: Ord. 710 ß 1, 2001; Ord. 692 ß 2, 2000) 17.50.120 Fences, walls and vegetation. A. In all districts, no fence, wall or vegetation, when used for screening, may exceed six feet in height with the following exceptions: 1. Fences, walls or hedges may exceed six feet when not built or placed on a required yard. 2. In the residential districts the planning director or in his absence the city manager or his designee may approve fences, walls or hedges higher than six feet within a required interior side yard or required rear yard, where the adjacent property is at a higher elevation and such extra fence height is necessary to obtain privacy. 3. Limitations on height shall not be deemed to prohibit safety or security fences of any height necessary for public playgrounds, public utilities, industries and other public installations. B. No fence, wall or hedge shall contain barbed wire, electrical current or charge of electricity, broken glass or similar hazardous materials or devices except where livestock is to be contained by barbed or electrically charged wire, in which case the fence shall be located not closer than five feet from the property line. When an adjacent existing fence, wall or hedge on a property line dividing properties under separate ownerships establishes a barrier then such barbed wire fences may be placed on the property line with the mutual consent of the property owners. Fences enclosing storage areas in industrial districts may use barbed wire so long as such wire is located not less than six feet above grade. C. The city planner may require redesign or relocation of a fence, wall or hedge if such is deemed to create a traffic hazard, even if such fence, wall or hedge does conform to other regulations. (Ord. 837 ß 1 (part), 2008: Ord. 611, 1997; Ord. 136 ß 6.12, 1974) 17.50.130 Visibility at intersection in residential districts. On any corner lot on any intersection where any of the corner lots of such intersection are in a residential district, nothing shall be erected, placed, planted or let to grow between two and one-half feet to ten feet above the centerline grade so as to materially prevent a motorist, whose head is located at a distance of sixty-five feet from the intersecting centerline, from seeing down the intersecting street in either direction for a distance of ninety feet from the centerline intersection. In a case where the street centerlines intersect at less than a ninety-degree angle then the sight distance shall be ninety feet plus one and one-half feet for every degree less than ninety degrees. (Ord. 837 ß 1 (part), 2008: Ord. 136 ß 6.13, 1974) 17.52.040 Conditional uses. The hearing examiner shall be the authority which grants or denies applications for conditional use permits. The granting of such permits shall not allow a deterioration of the intent of the district in which the application is intended nor shall there be a grant of any special privilege not available to other properties of the same district. (Ord. 837 ß 1 (part), 2008: Ord. 714 ß 18, 2001; Ord. 136 ß 8.04, 1974) 3. Low Density/Single Family Residential Code Led by: Planning Commissio... Page 13 of 18  Page 10/14 17.52.050 Criteria for consideration of a conditional use. Before any conditional use permit is granted, the hearing examiner must determine the following: A. The use applied for is either listed in the ìconditional usesî allowed in the district or that it is significantly similar to one or more of the listed uses; B. Approval of the permit will be substantially consistent with the purpose of the district and applicable provisions of the comprehensive plan, and will not adversely affect other uses and properties in the immediate vicinity; C. Granting the permit does not reduce the dimensional requirements of the district; D. No nuisance to life, limb or property will develop. (Ord. 837 ß 1 (part), 2008: Ord. 714 ß 19, 2001; Ord. 136 ß 8.05, 1974) 17.52.060 Application and procedures. The same procedure is used for application for both variance and conditional use permits. A. Step 1. The applicant applies to the city planner or in his or her absence the public works director or designee on forms provided by the city. With the information required on the form the applicant also shall submit the application fee and six copies of the material required by the application form. B. Step 2. The city planner or in his or her absence the public works director or designee shall examine the material submitted, and if all is in order, he shall schedule a public hearing before the hearing examiner. C. Step 3. At the hearing, the hearing examiner shall examine the application, materials and the reports of all agencies wishing to express an opinion. The hearing examiner shall then hear the testimony of any and all members of the public wishing to express an opinion. A decision shall then be made, or if more information is deemed necessary, the hearing may be continued to a special meeting or the next regular meeting of the hearing examiner; however, in no case shall there fail to be a decision by the end of the next regular meeting of the hearing examiner which follows the meeting at which the hearing was begun. The applicant may allow further continuation by so stating in a letter to the hearing examiner. (Ord. 858 ß 1 (part), 2009; Ord. 837 ß 1 (part), 2008: Ord. 714 ßß 20, 21, 2001; Ord. 611, 1997; Ord. 136 ß 8.06, 1974) 17.52.070 Appeals. The decision of the hearing examiner shall be final unless an appeal is filed pursuant to Section 17.61.160. The filing of such an appeal shall stay the decision until such time as the administrative appeal is adjudicated or withdrawn. No construction on the subject application is allowed during consideration of administrative appeal. (Ord. 837 ß 1 (part), 2008: Ord. 808 ß 6, 2006: Ord. 714 ß 22, 2001; Ord. 136 ß 8.07, 1974) 17.52.080 Revocation and expiration. A. The hearing examiner may revoke or modify any variance or conditional use permit. Such revocation or modification shall be made on any one or more of the following grounds: 1. That the approval was obtained by fraud; 2. That the permit or variance is being exercised contrary to the terms or conditions of such approval or in violation of any statute, resolution, code, law or regulation; or 3. That the use for which the approval was granted is being exercised so as to be detrimental to the public health, safety or welfare. B. The hearing examiner may initiate proceedings to revoke a conditional use permit or variance. Individuals who are aggrieved may petition the hearing examiner which shall hold a public hearing and procedures concerning notice, report and appeals shall be the same as required by this title for the initial consideration thereof. 3. Low Density/Single Family Residential Code Led by: Planning Commissio... Page 14 of 18  Page 11/14 C. Any permit or variance becomes null and void if not exercised within the time specified in such permit or variance, or, if no date is specified, within one year from the effective date of approval. Permits or variances shall become null and void if the approved use has been abandoned or discontinued for one year or more. (Ord. 837 ß 1 (part), 2008: Ord. 741 ß 5, 2002; Ord. 136 ß 8.08, 1974) Chapter 17.54 OFF-STREET PARKING Sections: 17.54.010 Policy. 17.54.020 Space and access. 17.54.030 Location. 17.54.040 Multi-level building. 17.54.050 Change of use, alteration, expansion or enlargement. 17.54.060 Uses not specified. 17.54.070 Joint use. 17.54.080 Plans shall be submitted. 17.54.090 Additional requirements. 17.54.100 Table of minimum standards. 17.54.010 Policy. In all districts there shall be provided at the time of erecting new structures, or at the time of enlarging, moving or increasing the capacity by creating or adding dwelling units, commercial or industrial floor space, or seating facilities, minimum off-street parking provisions with adequate provisions for ingress and egress to the street. (Ord. 837 ß 1 (part), 2008: Ord. 136 ß 6.23, 1974) 17.54.020 Space and access. Each off-street parking space shall have a net area of not less than two hundred square feet exclusive of access or aisles, and shall be of usable shape and condition. If determined on a gross area basis, not less than three hundred square feet shall be allowed per vehicle. Single-family and duplex parking areas need not provide unobstructed ingress and egress for each space; however, all parking lots over six spaces must provide unobstructed ingress and egress for each space. (Ord. 837 ß 1 (part), 2008: Ord. 136 ß 6.24, 1974) 17.54.030 Location. Off-street facilities shall be located as hereinafter specified. A. For all dwelling structures except apartment houses with more than four dwelling units, off-street parking shall be located on the same parcel with the building they are required to serve. B. The minimum required parking serving a facility shall be located on the same side of the street as that facility. C. The minimum required parking serving a facility shall be located on property contiguous to the property on which that facility is located. 3. Low Density/Single Family Residential Code Led by: Planning Commissio... Page 15 of 18  Page 12/14 D. Exceptions to the above may be made by the hearing examiner if appropriate. (Ord. 837 ß 1 (part), 2008: Ord. 764 ß 4, 2003; Ord. 136 ß 6.25, 1974) 17.54.040 Multi-level building. Each floor of a building will be evaluated separately for determining parking requirements. Basements and storage areas will not be considered, except when basements contain bedrooms, work areas or sales areas. (Ord. 837 ß 1 (part), 2008: Ord. 136 ß 6.26, 1974) 17.54.050 Change of use, alteration, expansion or enlargement. Whenever a building is enlarged or altered, or whenever the use of a building or property changes, off-street parking shall be provided for such expansion, enlargement or change in use in accordance with the requirements of the title; provided, however, that no additional off-street parking space need be provided where the number of parking spaces required for such expansion, enlargement or change in use since the effective date of the ordinance codified in this title is the same as the parking spaces specified in this title. (Ord. 837 ß 1 (part), 2008: Ord. 136 ß 6.27, 1974) 17.54.060 Uses not specified. In the case of a use not specifically mentioned in Section 17.54.100, the requirements for off-street parking facilities shall be determined by the city planner. Such determination shall be based upon the requirements for the most comparable use listed. (Ord. 837 ß 1 (part), 2008: Ord. 611, 1997; Ord. 136 ß 6.28, 1974) 17.54.070 Joint use. The city planner may authorize the joint use of parking facilities under the following conditions: A. Owners of two or more buildings or lots may agree to utilize jointly the same parking space, subject to such conditions as may be imposed by the city planner including but not limited to the following: 1. Satisfactory legal evidence shall be presented in the form of deeds, leases or contracts to establish ownership. 2. Evidence shall be presented that there is no substantial conflict in the principal operating hours of the building or uses for which joint off-street parking is proposed. Subsections (B) through (F) of this section shall be used as guidelines for such evidence. 3. The agreement to utilize jointly the same parking space shall be in writing and narrate the evidence provided under subsections (A)(1) and (2) of this section, shall be signed by the owners, and filed with the city planner. B. Subject to subsection (A) of this section, up to fifty percent of the parking facilities required by this title for a theater, bowling alley, dance hall, bar or restaurant may be supplied by the off-street parking facilities provided by certain other types of buildings or uses herein referred to as ìdaytimeî uses in subsection (E) of this section. C. Subject to subsection (A) of this section, up to fifty percent of the off-street parking facilities required for any building or use specified in subsection (E) of this section, ìdaytime uses,î may be supplied by the parking facilities provided by uses herein referred to as ìnighttime usesî in subsection (F) of this section. D. Subject to subsection (A) of this section, up to one hundred percent of the parking facilities required for a church or for an auditorium incidental to a public or parochial school may be supplied by the off-street parking facilities provided by uses herein referred to as ìdaytime usesî in subsection (E) of this section. E. For the purpose of this section, the following and similar uses are considered as primary daytime uses: banks, offices, retail, personal service shops, household equipment or furniture stores, clothing or shoe repair shops, manufacturing or wholesale buildings and similar uses. F. For the purpose of this section, the following and similar uses are considered as primary nighttime or Sunday uses: auditorium incidental to a public or parochial school, churches, bowling alleys, dance halls, theaters, bars or restaurants. 3. Low Density/Single Family Residential Code Led by: Planning Commissio... Page 16 of 18  Page 13/14 (Ord. 837 ß 1 (part), 2008: Ord. 611, 1997; Ord. 136 ß 6.29, 1974) 17.54.080 Plans shall be submitted. A. Every tract or lot hereafter used as a public or private parking area, having a capacity of six or more vehicles, shall be developed and maintained in accordance with the requirements and standards of this title. B. The plan of the proposed parking area shall be submitted to the city planner for approval at the time of the application for the building for which the parking area is required. The plan shall clearly indicate the proposed development, including location, size, shape, design, curb cuts, lighting and other features and appurtenances required. (Ord. 837 ß 1 (part), 2008: Ord. 611, 1997; Ord. 136 ß 6.30, 1974) 17.54.090 Additional requirements. In addition to the basic standards and requirements established by other sections of this title, the planning director or in his absence the city manager or his designee may make such other requirements or restrictions as shall be deemed necessary in the interests of safety, health and general welfare of the city, including but not limited to lighting, joint development of parking facilities, entrances and exits and accessory uses. Further, performance bonds may be required in such cases where the planning director or in his absence the city manager or his designee determines that such shall be necessary to guarantee proper completion of improvements within the time periods specified. (Ord. 837 ß 1 (part), 2008: Ord. 611, 1997; Ord. 136 ß 6.31, 1974) 17.54.100 Table of minimum standards. Minimum off-street parking standards shall be as follows: A. All residential: 1. Single-family detached, one space per bedroom and a minimum of two spaces per single-family dwelling unit, 2. Multiple-family, one and one-half spaces for each unit, room or suite, 3. Single-family trailer or mobile home, one space per bedroom and a minimum of two spaces per single- family dwelling unit; B. All transient facilities, one space for each unit, room or suite; C. All nonretail professional or business services with on-premises service, two spaces per professional employee or partner, and one additional space per nonprofessional employee; D. All nonretail professional and business services with off-premises delivery of service only, one space for each employee or partner; E. Retail outlet other than food and drugstore, one space per five hundred square feet of gross floor area; F. Retail outlet (principally food and drug), one space for each two hundred fifty square feet of gross floor area; G. Shopping centers and combined retail complexes, one space for each two hundred fifty square feet of gross floor area; H. All industrial, warehouses, etc., one space per employee based on maximum number of employees during the heaviest working shift; I. All amusement places, churches, eating places, taverns, theaters, etc., one space per three persons of legal or practical occupancy plus one for every employee; J. All other uses not specified above and not similar to any of the above categories, one space for every two persons of legal or practical occupancy plus one space for every employee. 3. Low Density/Single Family Residential Code Led by: Planning Commissio... Page 17 of 18  Page 14/14 (Ord. 837 ß 1 (part), 2008: Ord. 520 ß 1, 1991; Ord. 345, 1982: Ord. 136 ß 6.32, 1974) 3. Low Density/Single Family Residential Code Led by: Planning Commissio... Page 18 of 18