Loading...
HomeMy WebLinkAbout06212011 Planning & Zoning Work Session Notes 15.10.215 PLANNING AND LAND USE REGULATIONS (p) Group use of lots. Where more than one tenant or use is included within any one building or on any one lot, the parking requirements shall be the sum total of the parking requirements for all of the various tenants or uses provided, however, that: (1) The aggregation of tenants or uses shall meet all the requirements within the definition of"shopping center"in order to become entitled to utilize the parking ratio specified in section 15.10.215(b). (2) Where a hotel or motel has other principal uses such as restaurants, bar and meeting rooms located on its premises, the principal use requiring the greatest amount of parking shall provide 100 percent of the required parking spaces and the other uses shall provide, in addition, at least 70 percent of the parking spaces which would be required if these were stand-alone uses. (3) Where a convenience store includes a self-service gas station, the required parking shall be determined by the parking ratio specified in section 15.10.215(b). No additional parking spaces will be required for gasoline service station. (Ord. 626,§3, 1989;Ord.93-06; Ord.94-17;Ord. 96-02;Ord.96-13;Ord.98-06; Ord.98-09, §2; Ord, No. 99-13, § 1, 1999; Ord. 99-16, § 4, 1999; Ord. No. 2006-007, § 1, 9-7-2006) 15.10.220. Development requirements. (a) Table 15.10.220,development requirements,is incorporated herein by reference and the restrictions contained therein are mandatory unless otherwise modified by this chapter. (See tables at the end of this title; see also section 15.10.210.) (b) Building height. The purpose of building height standards is to prevent loss of life or excessive property damage through the inability of the city fire department to reach upper stories or roofs and to help maintain the character of neighborhoods. (c) Setbacks—Yards. (1) Setbacks are required to insure sufficient open area for snow accumulation, sunlight, views, privacy, fire separation and visual relief between structures. Supplement No. 06-1 15-30 PLANNING AND LAND USE REGULATIONS 15.10.225 (2) No yard or other open space provided about any building for the purpose of complying with the provisions of this chapter shall be considered as providing a yard or open space for any other building, and no yard or open space on one lot shall be considered as providing a yard or open space on any other lot. (3) No yard or lot shall be reduced in size or area below the minimum requirements set forth herein. Yards or lots created after December 5, 1978 shall meet at least the minimum requirements established by this chapter. (4) In cases of corner lots with multiple frontages, the administrative official shall designate the front yard, and all other frontages shall be designated as a side to a street. (5) All structures shall be designed.and. constructed to prevent roofs from shedding snow onto adjacent lots, structures, fences, or other property. (Ord. 99-10, § 3) 15.10.225. Land. uses allowed. (a) Table 15.10.225, land uses allowed, is incorporated herein by reference and the restrictions contained therein are mandatory unless otherwise modified by this chapter. (See Tables at the end of this Title.) (b) Lodging as defined in section 15.10.140(b)is allowed in accordance with table 15,10.225 of this chapter and subject to the following conditions: (1) Regardless of the date such use began, an annual administrative permit is required. Prior to issuing the permit; the city shall conduct an annual life safety inspection of each guest room to assure compliance-with the current Uniform Building Code door/window egress standards, the presence of an operable and inspected fire extin- guisher and adequate smoke detection systems, a posted evacuation plan, and visible signs showing exit locations. (2) Parking will be provided in accordance with section 15.10.215 of this chapter. (3) No cooking or cooking facilities are permitted in individual guest bedrooms. (4) Within single and two-family residential districts, lodging is limited to a home occupation within an owner-occupied dwelling which is the owner's principal place of residence and to the rental of not more than 50 percent of the bedrooms to a maximum of five. (5) In all other residential districts,lodging within single-family residences and duplexes is limited to a home occupation within the business owner's principal place of residence and to the rental of not more than 50 percent of the bedrooms to a maximum of five. (6) Within commercial districts,lodging is limited to the rental of not more than five guest bedrooms regardless of building or business ownership. Errata 15-31 PLANNING AND LAND USE REGULATIONS co ° d N N N N Nzi N � zi z z d� r, rl Cl d O O In 'd' p c) o z N N - r-I ri to kO 0 o'oQ o cq cD o 00 14 1-1 CA co co N p M o Cl c o 1-1 o co 0,-4 in o 0 0 p 0 o o o O c O ✓ cco � ro Lx 4� U U A o 0 o O L7 o n �z z z z ° cq z IA` Q) U 3. 4 d •'�-+ •�CJ �3' W p d O C.t° O' O O O U' cC p N � � cn o Cl O O O LC] CD Q CeJ '� p © •N ate.+ N co a �✓ to D 6 g N m O m N � c-o p O -n c> N N L'] N v-" 7-+ ie � +�'r aD N m G m 6j GV t''3 'eh N p p v o 0 d -1 O O p 4 O i:_ P' V* '� O O it -� CV N r-I .--� �. N d� ,3 m w CQ 'co _ Lo LD ai m p m N •1+ NOG•N Q O O p .� y ZD N Q or)O O Lr y.a. N 04 nn� ❑❑ +� b Q i. IQ L s C,3 N O d p fl N N O 4 ate.+ W 6 N P7 a � f'F+ O p }. � y GJ CQ L7 O CQ G d N N d O N co C. r cq y CO m .-. Pam' , O b� C!] N tC N o CC :a Fy !YC [itl7 R� z (z Cq a5 + b➢ N i v N + ! N rl 0 U7 � Cl] r, .tie ctl p (V r.0^ 'UN � r� +� U � iR � +; �j� � � 4 � w o m co N � q •� o o o w rd00 Q o ch ° ti � o ctl o N y Z W] m 'Z y 'm o0 z o z to . o �i a) o o q� p m ��qwi c°i �J cu M Supplement No. 08-1 15-62 PLANNING AND LAND USE REGULATIONS Table 15.10.220. Development Requirements—Notes NOTE 1.Within the HC District,in the area bounded by Fourth Avenue,the boat launch ramp, the harbor basin and J Float Ramp, building height is limited to 26 feet. NOTE 2. A. Buildable/useable area—Lot may have to be larger to have minimum buildable area available. B. In the R1, R2, R3, UR, OR and AC Districts, from the Seward Highway/Phoenix Road intersection—South, 6,000 SF and north, 7,000 SF with 60 and 70 foot minimum frontages respectively, for single-family residences. C. A single RR lot may be divided into two lots of less than 20,000 SF each if the reduction below 20,000 SF is to accommodate required widening of an adjacent right-of-way. D. In the R1,R2,R3,UR,OR and AC Districts,individual originally platted lots of at least 3,000 SF in the Original Townsite, Federal Addition, Laubner Addition, Cliff Addition and Bayview Addition may be developed for single-family residences provided all other development requirements of this chapter are met. E. Multi-family developments with three—four units require a minimum of 9,000 SF in the R3, UR, OR, AC and CB Districts and 20,000 SF in the RM District. All said districts require an additional 1,200 SF per unit of five or more units. NOTE 3. See Notes 2-D and 2-E above. NOTE 4. From Seward Highway/Phoenix Road intersection—South, a five-foot setback, each side; north, a minimum five-foot setback each side as part of a combined 15-foot setback total between both sides. NOTE 5. In the HC District, parcels abutting mean high tide—No rear yard setback; parcels abutting the waterfront boardwalk—Five feet; and parcels not abutting the waterfront boardwalk or mean high water mark—Ten feet. NOTE 6. Excludes setbacks in HC and I. NOTE 7. In the Industrial District, no minimum lot size, width or setbacks are required for unmanned electronic sites. NOTE 8. Tract D of USS 1864 Jesse Lee Home Subdivision shall not be used for any uses other than those allowed in an R1 district, except for a long term care facility, aka skilled nursing care facility. (Ord. 2007-009, § 1, 2007) Supplement No. 09-1 15-63 PLANNING AND LAND USE REGULATIONS 15-10.225 No yard or other open space provided about any building for the purpose of complying 'th the provisions of this chapter shall be considered as prov' ' a yard or open spa any other building, and no yard or open space a of shall be considered as providing d or open space on any other to (3) No yard or lot shall be re a size n ea below the minimum requirements set forth herein. Yards or lots treat cember 5, 1978 shall meet .at least the minimum requirements est s ed by this chap (4) In cases of corne s with multiple frontages, the admini ve official shall designate th ont yard, and all other frontages shall be designated a We to a street. (5) structures shall be designed and constructed to prevent roofs from shedding snow onto adjacent lots, structures, fences, or other property, rd. 99-10, § 3) 15.10.225. Land uses allowed. (a) Table 15.10.225, land uses allowed, is incorporated herein by reference and the restrictions contained therein are mandatory unless otherwise modified by this chapter. (See Tables at the end of this Title.) (b) Lodging as defined in section 15.10.140(b)is allowed in accordance with table 15.10.225 of this chapter and subject to the following conditions: (1) Regardless of the date such use began, an annual administrative permi s required. Prior to issuing the permit, the city shall conduct an annual life s y inspection of each guest room► to assure compliance with the current. Building Code door/window egress standards, the presence of an operable and inspected fire extin- guisher and adequate smoke detection systems, a posted evacuation plan, and visible signs showing exit locations. (2) Parking will be provided in accordance with. section 15.10.215 of this chapter. (3) No cooking or cooking facilities are permitted in individual guest bedrooms. (4) Within single and two-family residential districts, lodging is limited to a home occupation within an owner-occupied dwelling which is the owner's principal place of residence and to the.rental of not more than 50 percent of the bedrooms to a maximum of five. (5) In all other residential districts, lodging within single-family residences and duplexes is limited to a home occupation within the business owner's principal place of residence and to the rental of not more than 50 percent of the bedrooms to a Maximum of five. (6) Within commercial districts,lodging is limited to the rental of not more than five guest bedrooms regardless of building or business ownership. Errata 15-31 15.10.225 YLTNING AND LAND USE fpGULATIONS (7) Multi-family dwellings used for lodging purposes are not required to be the business or property owner's residence. The use shall be limited to not more than five apartment units. (8) The rental of individual rooms for lodging purposes is not extended to apartment unit tenants. (9) Regardless of business name, the use of more than five guest bedrooms or apartments is considered a motel or hotel for building and other code interpretation purposes. (c) Transient merchants as defined in section 15.10.140(b) of this chapter and which are allowed in accordance with table 15.10,225 are subject to the following development require- ments: (1) For purposes of this chapter, such use shall be limited. to a period not exceeding 50 consecutive days in a calendar year. (2) Transient merchants shall provide for the concealed storage of all inventory, supplies, equipment and other materials brought to the site in connection with the business conducted there. (3) Transient merchants using vehicles and trailers in the operation of transient business activities authorized by this chapter shall ensure that the area of operation meets the required setbacks as provided by section 15.10.220. In no case shall the allowed area of operation be less than five feet from any property line,permanent structure or other transient merchant. (4) Prior to operation,vehicles and trailers utilized for transient merchant purposes shall have blocked tires and be fully skirted to match the temporary structure. (5) Any additions,including but not limited to porches,platforms and decks,shall be sided or painted to match the temporary structure prior to operation. (6) Every transient merchant shall provide sufficient trash receptacles on-site and ensure the proper disposal of all garbage collected on the site. (7) The use of generators is prohibited. (8) No transient merchant shall conduct business on property owned or operated by the city except in accordance with chapter 8.10 of this Code. (9) Transient merchants shall conform to all federal, state and local laws. (d) Commercial electronic towers, satellite dishes and antennas are allowed in accordance with Table 15.10.225 of this chapter subject to the site being fenced rt_, 1.1 Z (e) Livestock as defined in section 15.10.140(b). Are allowed in accordance with Table 15.10.225 of this chapter subject to the following: (1) Lot size may not be less than 20,000 square feet per large animal; (2) Livestock fencing shall be no closer than five feet from a property line; Errata 15-32 PLANNING AND LAND USE REGULATIONS 15.10235 (3) A city approved drainage plan showing that runoff from the livestock corral or pen will not adversely impact neighboring property or stream; (4) A city approved manure storage and disposal plan. The manure storage pile shall not be closer than 25 feet from any property-Brie. (Ord. 626, § 3, 1989; Ord. 633, §§ 3, 4, 1990; Ord, 639, 1991; Ord. 90-2; Ord. 91-1; Ord. 91-04; Ord. 92-02; Ord. 94-11; Ord. 94-25;Ord. 95-07; Ord. 95-13; Ord.95-17; Ord. 96-05;Ord. 97-13; Ord. 98-09, § 4) 15.10.230. Special setbacks—CB and 1 districts. . (a) Central business district.Except where separated by a public right-of-way,where the CB district abuts residential districts, a minimum setback equal to that required of the abutting district shall be required. (b) Industrial district. Where industrial (I) districts abut residential districts, a minimum setback of ten feet shall be required_ (Ord. 626, § 3, 1989; Ord. 93-08) 15.10.235. Townhouses. (a) Generally. The standards set forth in this section shall complement the general standards set forth in this chapter and shall not be construed as superseding any general standard. In the event of conflict, the stricter standard shall control. Notwithstanding the provisions of any other section of this chapter, townhouses shall be conditionally permitted in accordance with the land uses allowed table 15.10.225 if the following requirements are met. (b) Conditions. The proposed development meets all conditions specified in this chapter under section 15.10.320, conditional use permit. All townhouse developments constructed pursuant to a conditional use permit issued under the provisions of this chapter shall be constructed in compliance with current state statutes. (c) Plan. A detailed development plan is submitted with the application for a conditional use to include a site plan, drawn to scale.Such site plan shall include,but shall not be limited to, the topography and drainage of the proposed site, the location of all buildings and structures on the site, courts and open space area, circulation patterns, ingress and egress points, parking areas (including the total number of parking spaces provided), and a general floor plan of the principal buildings, together with other such information as the commission shall require. The number of contiguous units permitted shall be related to the topography, aesthetics,access and public safety. The development plan and the conditional use application may be rejected or modified if the development plan is not consistent with good design,efficient use of the site, and community standards. (d) Number of units. Not more than silt contiguous townhouses shall be built in a row with the same or approximately the same front line. Supplement No, 08-1 15-32.1 15.10.235 PLANNING AND LAND USE REGULATIONS (e) Separation requirement. No portion of a townhouse or accessory structure in or related to a group of contiguous townhouses shall be closer than 15 feet to any portion of a townhouse or accessory structure related to another group, or to any building outside the development area. (f) Minimum lot width. Minimum lot width for an individual townhouse is 12 feet. Larger lot and townhouse units may be required to assure adequate living space. (g) Lot coverage. The maximum lot coverage by all buildings shall be 40 percent. Carports open on three sides shall not be considered buildings for calculating maximum lot coverage. (h) Parking. Grouping of parking spaces is desirable; provided, that spaces intended for .a particular unit are no more than 100 feet from the unit. On minor streets, use of the right-of-way may be permitted for maneuvering incidental to parking where this will facilitate snow removal. On collector and arterial streets, maneuvering incidental to parking shall not be permitted. (i) Covered storage. Two hundred cubic feet of covered storage space shall be provided exclusive of the living area of the unit. 0) .Party wails. All party walls shall adhere to fire safety standards as established by the city fire code. (k) Homeowners association. The developer or subdivider of any townhouse development shall give evidence that compliance with th Common interest Owne hip Act, 34.08, has been made prior to the sale of any townhouse dwelling un� (1) The developer or subdivider of any townhouse development shall deposit with the appropriate homeowners association,formed in compliance with the Common Interest Ownership Act cited in this section, a contingency fund in the sum of$500.00 per dwelling unit in the townhouse development fund. (2) A copy of the declaration and bylaws of the homeowners association showing in what manner the aforesaid contingency fund shall be controlled shall be furnished to the city for review and approval. (l) Landscaping. All areas not devoted to buildings, drives, walks, parking areas or other authorized installations shall be covered with one or more of the following:Iawn grass,natural or ornamental shrubbery or trees. (m) Rights-of-way. All roadways,fire lanes, or areas for maneuvering incidental to parking (not to include designated commonly-held open space or recreational areas) shall be a minimum of 22 feet in width. Furthermore, no vehicular parking shall be allowed in the aforementioned areas. (Ord. 626, § 3, 1989; Ord. 94-56; Ord. 99-16, § 4, 1999; Ord. 2007-008, § 2, 2007) Supplement No. 08-1 15-32.2 f � PLANNING AND LAND USE REGULATIONS 15.10.245 15.10.240. Home occupations. A. Intent. It is the intent of this chapter to permit home occupations which are compatible with other permitted uses and with the residential character of a neighborhood,and which are clearly secondary or incidental to the residential use of the main building. In general, a home occupation is an accessory use so located and conducted that the average neighbor, under normal circumstances, would not be aware of its existence. So long as all the development requirements of this section are met, home occupations are permitted accessory uses as identified in the land uses allowed table 15.10.225. B. Development requirements. 1. Not more than two persons shall be employed in the home occupation. 2. No more than 30 percent of the gross floor area of all buildings on the lot shall be used for the home occupation. 3. The home occupation shall be carried on wholly within the principal building, or other buildings which are accessory thereto.Any building used for a home occupation shall be wholly enclosed. (Ord. 626, § 3, 1989; Ord. 633, § 2, 1990; Ord. 94-56) 15.10.245 Wind Energy Conversion Systems. Purpose. It is the purpose of this section to establish health and safety standards for smal d energy conversion systems (WECS) as defined in this Code, and to encourage the developme f small wind energy systems. B. Definitions. urposes of this section, the following definitions shall apply unless context clearly indicates ,_quires a different meaning: Wind Energy Conversion Sys (WECS). Any device or assemb which directly converts wind energy into usable ther mechanical, or electri, , -energy, including such devices as windmills and wind turbines, tow d support =structures and such directly connected facilities as generators, alternators,inve batteries,and associated equipment. This system is designed as a secondary accessory o ting principal uses and to existing buildings or facilities,wherein the energyerated is use 'marily for consumption on the same or adjoining parcel on which it i cated. Small Wind Energy Conver ' System.A Wind Energy Conversion S m that has a rated power capacity of not moan 100kW and is intended to produce energy pri ily for on-site consumption, eith stead of or as a supplement to public utility power. Total freestanding WECS. The distance measured from the preexisting n ral gr the highest point of any blade of the turbine. Total height, roof-mounted WECS. The distance measured from the building height to the highest point of any blade of the turbine. Supplement No. 10-1 15-32.3 a .� ,;�;