17.04.070 Application submission and review procedures.
A. 1. Within twenty-eight days after receiving a project permit application, a local government shall mail or provide in person a written determination to the applicant, stating either:
a. That the application is complete; or
b. That the application is incomplete and what is necessary to make the application complete.
To the extent known by the local government, the local government shall identify other agencies of local, state, or federal governments that may have jurisdiction over some aspect of the application.
2. A project permit application is complete for purposes of this section when it meets the procedural submission requirements of the local government and is sufficient for continued processing even though additional information may be required or project modifications may be undertaken subsequently. The determination of completeness shall not preclude the local government from requesting additional information or studies either at the time of the notice of completeness or subsequently if new information is required or substantial changes in the proposed action occur.
3. The determination of completeness may include the following as optional information:
a. A preliminary determination of those development regulations that will be used for project mitigation;
b. A preliminary determination of consistency; or
c. Other information the local government chooses to include.
4. a. An application shall be deemed complete under this section if the local government does not provide a written determination to the applicant that the application is incomplete as provided in subsection (A)(1)(b) of this section.
b. Within fourteen days after an applicant has submitted to a local government additional information identified by the local government as being necessary for a complete application, the local government shall notify the applicant whether the application is complete or what additional information is necessary.
B. 1. Except as otherwise provided in subsection (B)(2) of this section, a local government should issue its notice of final decision on a project permit application within one hundred twenty days after the local government notifies the applicant that the application is complete. In determining the number of days that have elapsed after the local government has notified the applicant that the application is complete, the following periods shall be excluded:
a. i. Any period during which the applicant has been requested by the local government to correct plans, perform required studies, or provide additional required information. The period shall be calculated from the date the local government notifies the applicant of the need for additional information until the earlier of the date the local government determines whether the additional information satisfies the request for information or fourteen days after the date the information has been provided to the local government;
ii. If the local government determines that the information submitted by the applicant under subsection (B)(1)(a)(i) of this section is insufficient, it shall notify the applicant of the deficiencies and the procedures under subsection (B)(1)(a)(i) of this section shall apply as if a new request for studies has been made;
b. i. Any period during which an environmental impact statement is being prepared following a determination of significance pursuant to Chapter 43.21C RCW (SEPA);
ii. A six-month time period shall be allowed for completion of environmental impact statements or the city and the applicant may agree in writing to a time period for completion of an environmental impact statement;
c. i. Any period for administrative appeals of project permits, if an open record appeal hearing or a closed record appeal, or both, are allowed;
d. Any extension of time mutually agreed upon in writing by the applicant and the city.
2. The time limits established by subsection (B)(1) of this section do not apply if a project permit application:
a. Requires an amendment to the comprehensive plan or a development regulation;
b. Requires approval of a new fully contained community, a master planned resort, or the siting of an essential public facility; or
c. Is substantially revised by the applicant, in which case the time period shall start from the date at which the revised project application is determined to be complete.
3. If the local government is unable to issue its final decision within the time limits provided for in this section, it shall provide written notice of this fact to the project applicant. The notice shall include a statement of reasons why the time limits have not been met and an estimated date for issuance of the notice of final decision.
C. The administrator will require the applicant for a project permit to designate a single person or entity to receive determinations and notices required by this chapter.
D. 1. The administrator shall provide a notice of application as provided in this section. If a local government has made a determination of significance under Chapter 43.21C RCW concurrently with the notice of application, the notice of application shall be combined with the determination of significance and scoping notice. Nothing in this section prevents a determination of significance and scoping notice from being issued prior to the notice of application.
2. The notice of application shall be provided within fourteen days after the determination of completeness and include the following in whatever sequence or format the city deems appropriate:
a. The date of application, the date of the notice of complete application, and the date of the notice of application;
b. A description of the proposed project action and a list of the project permits included in the application and, if applicable, a list of any studies requested;
c. The identification of other permits not included in the application to the extent known by the local government;
d. The identification of existing environmental documents that evaluate the proposed project and the location where the application and any studies can be reviewed;
e. A statement of the public comment period, which shall be not less than fourteen days nor more than thirty days following the date of notice of application, and statements of the right of any person to comment on the application, receive notice of and participate in any hearings, request a copy of the decision once made, and any appeal rights. The administrator will accept public comments at any time prior to the closing of the record of an open record predecision hearing, if any, or, if no open record predecision hearing is provided, prior to the decision on the project permit;
f. The date, time, place, and type of hearing, if applicable and scheduled at the date of notice of the application;
g. A statement of the preliminary determination, if one has been made at the time of notice, of those development regulations that will be used for project mitigation and of consistency; and
h. Any other information determined appropriate by the local government.
3. If an open record predecision hearing is required for the requested project permits, the notice of application shall be provided at least fifteen days prior to the open record hearing.
4. A notice of application shall not be required for project permits that are categorically exempt under Chapter 43.21C RCW, unless a public comment period or an open record predecision hearing is required.
5. A local government shall integrate the permit procedures in this section with environmental review under Chapter 43.21C RCW (SEPA) as follows:
a. Except for a determination of significance, the city may not issue its threshold determination, or issue a decision or a recommendation on a project permit until the expiration of the public comment period on the notice of application;
b. If an open record predecision hearing is required and the city's threshold determination requires public notice under Chapter 43.21C RCW, the city shall issue its threshold determination at least fifteen days prior to the open record predecision hearing;
c. Comments shall be as specific as possible.
6. The city may combine any hearing on a project permit with any hearing that may be held by another local, state, regional, federal, or other agency provided that the hearing is held within the geographic boundary of the city. Hearings shall be combined if requested by an applicant, as long as the joint hearing can be held within the time periods specified or the applicant agrees to the schedule in the event that additional time is needed in order to combine the hearings. All agencies of the State of Washington, including municipal corporations and counties participating in a combined hearing, are authorized to issue joint hearing notices and develop a joint format, select a mutually acceptable hearing body or officer, and take such other actions as may be necessary to hold joint hearings consistent with each of their respective statutory obligations.
7. All state and local agencies shall cooperate to the fullest extent possible with the city in holding a joint hearing if requested to do so, as long as:
a. The agency is not expressly prohibited by statute from doing so;
b. Sufficient notice of the hearing is given to meet each of the agencies' adopted notice requirements as set forth in statute, ordinance, or rule; and
c. The agency has received the necessary information about the proposed project from the applicant to hold its hearing at the same time as the local government hearing.
8. The applicant for a project permit is deemed to be a participant in any comment period, open record hearing, or closed record appeal.
E. 1. The city establishes a permit review process that provides for the integrated and consolidated review and decision on two or more project permits relating to a proposed project action, including a single application review and approval process covering all project permits requested by an applicant for all or part of a project action and a designated permit coordinator. If an applicant elects the consolidated permit review process, the determination of completeness, notice of application, and notice of final decision must include all project permits being reviewed through the consolidated permit review process.
2. Consolidated permit review may provide different procedures for different categories of project permits, but if a project action requires project permits from more than one category, the city shall provide for consolidated permit review with a single open record hearing and no more than one closed record appeal.
F. The administrator shall provide a notice of decision that also includes a statement of any threshold determination made under Chapter 43.21C RCW. The notice of decision may be a copy of the report or decision on the project permit application. The notice shall be provided to the applicant and to any person who, prior to the rendering of the decision, requested notice of the decision. Notice of administrative appeal procedures, if any, shall be provided.
Notice of decision will also be provided either (1) by posting the site for site-specific proposals and publishing notice, including at least the project location, description, types of permit(s) required, in the newspaper of general circulation in the general area where the proposal is located or in a local land use newsletter published by the local government; or (2) in accordance with notice procedures established for the particular permit decision(s). The notice shall also state that affected property owners may request a change in valuation for property tax purposes notwithstanding any program of reevaluation. Notice of decision shall be provided to the county assessor's office of the county or counties in which the property is located.
G. The following permits are excluded from the provisions of RCW 36.70B.060 through 36.70B.090 and RCW 36.70B.110 through 36.70B.130 and from the requirements in this section: landmark designations and street vacations, and other approvals relating to the use of public areas or facilities.
Lot line or boundary adjustments, sign permits, restaurant sidewalk use permits, home occupation permits, short-plats, water and sewer hook-ups, land clearing permits, grading permits, and building and other construction permits, which are categorically exempt from environmental review under Chapter 43.21C RCW, or for which environmental review has been completed in connection with other project permits are excluded from requirements in RCW 36.70B.060 and 36.70B.110 through 36.70B.130, and from the requirements in subsection C through F of this section.
H. There shall be no more than one open record and one closed record appeal hearing. If not otherwise provided by code, hearings may be combined to meet this requirement. All open record hearings shall be combined before a single hearing body; as shall all closed record appeal hearings. The designated hearing body shall be the entity with the greatest level of discretionary authority. For purposes of this provision, the city council has greater discretionary authority than the planning commission, which has greater discretionary authority than the board of adjustment. (Ord. 2706 § 2 (part), 2005: Ord. 2381 §§ 1A3--1A9, 1995)
I. In the event that the city council finds that the information provided during the one open record hearing before the planning commission is insufficient to enable them to make a determination, the council may remand the matter back to the planning commission to re-open the open record hearing for the limited purpose of addressing specific questions as set forth by the council. This remand shall not be construed as creating a second open public hearing, nor used for the purpose of introducing new information except in direct response to the council's questions.
(Ord. 2794, § 1(Att. A), 12-15-2008)
For the purposes of this chapter, the following words shall have the following meanings:
"Adequate" means at or above the adopted level of service standards.
"Available facility capacity" means capacity in a concurrency facility that is currently available for use without requiring facility construction, expansion or modification.
"Concurrency facilities and services" means facilities and services for which concurrency is required in accordance with the provisions of this chapter. They are potable water, sanitary sewer, stormwater management, roads, law enforcement, and fire. The City of Anacortes is the service provider for all of these facilities and services for the entire area within its limits.
"Concurrency test" means the comparison of an applicant's impact on concurrency facilities to the capacity of the concurrency facilities.
"Concurrent with development (concurrent)" means that improvements or strategies are in place at the time of development or that financial commitment is in place to complete the improvements or strategies within six years.
"Development" means any new subdivision, short plat, PUD, binding plot plan, manufactured home park, shoreline permit, conditional use permit, rezone, or building permit.
"Development permit" means a land use or building permit.
"Individual road concurrency" means concurrency based on traditional A through F LOS rankings related to specific road segments and to road intersections.
"Level of service (LOS) standard" means an established minimum capacity of public facilities or services that must be provided per unit of demand or other appropriate measure of need. For transportation, an A through F scale is frequently used to reflect level of service and to designate a LOS standard.
"Six-year transportation improvement program (six-year TIP)" means a plan or schedule showing specific expenditures for transportation capital projects over a six-year period. (Ord. 2756 Att. A (part), 2006: Ord. 2528 Att. A § 17 (part), 2000)
(Ord. 2794, § 1(Att. A), 12-15-2008)
17.08.020 Building permits.
A. No building or other structure shall be erected, moved, added to, or structurally altered without a permit issued by the building official. No building permit shall be issued except in conformity with the provision of this zoning code, city subdivision ordinance, street standards, building codes and other applicable ordinances.
B. All applications for building permits shall be accompanied by two complete sets of plans, plus one additional set of floor plans, drawn to scale, showing the actual dimensions and shape of the lot to be built upon; the exact sizes and location, on the lot, of buildings already existing, if any; and the location and dimensions of the proposed building or alteration. The application shall include such other information as lawfully may be required by the building official, including existing or proposed building or alteration; existing or proposed uses of the building and land; the number of families, housekeeping units, or rental units the building is designed to accommodate; conditions existing on the lot; and such other matters as may be necessary to determine conformance with, and provide for the enforcement of this title and applicable building codes. One copy of the plans shall be returned to the applicant by the building official after marking such copy either as approved or disapproved and attest to same by having signed such copy. The second copy of the plans, similarly marked, shall be retained by the building official. The set of floor plans shall be forwarded to the county assessor.
C. If the work described in any building permit has not begun within one hundred eighty days from the date of issuance thereof, said permit shall expire. If the work described in any building permit has not been substantially completed within one year of the date of issuance thereof, said permit shall expire. If substantial progress has been made on the construction, but it has not been completed within one year, the building official may, upon written request, grant one or more extensions of time, for periods not exceeding 180 days each. Work on the project shall not proceed unless an extension or a new building permit has been obtained.
D. Twenty feet of frontage or an easement to twenty feet of street frontage is required on an improved public street with a continuous access route not less than twenty feet wide from the street to the primary portion of the lot. If a private street is proposed, or the twenty feet minimum access to the street frontage is by means of an easement, a conditional use permit is required.
E. Where the zoning administrator approves development fronting on a city street which is not improved to current standards, no building permit shall be issued without a deed restriction being recorded that stipulates that the property owner will not oppose an L.I.D. for street and utility improvements in the future.
F. An RV may be parked for up to three weeks per year to work on a vacant residential lot. (Ord. 2706 § 2 (part), 2005: Ord. 2412 Att. A (part), 1996: Ord. 2316 (part), 1994)
(Ord. 2794, § 1(Att. A), 12-15-2008)
17.10.040 Powers and duties.
The board of adjustment shall have the following powers and duties:
A. Administrative Review. To hear and decide appeals where it is alleged there is error in any orders, requirements, decisions, or determinations made by the administrator in the enforcement of this title.
B. Variances, Conditions Governing Application, Procedures.
1. To authorize upon appeal in special cases such variance from the terms of the area and dimensional regulations of this title as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this title would result in unnecessary hardship. A variance from the terms of this title shall not be granted by the board of adjustment unless and until a written application for a variance is submitted demonstrating all of the following:
a. That special conditions and circumstances exist which are peculiar to the land, structures, or buildings involved and which are not applicable to other lands, structure, or buildings in the same district;
b. That literal interpretation of the provisions of this title would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this title;
c. That the special conditions and circumstances do not result from the actions of the applicant;
d. That granting the variance requested will not confer on the applicant any special privilege that is denied by this title to other lands, structures, or buildings in the same district.
2. No conforming use of neighboring lands, structures, or buildings in the same district, and no permitted use of lands, structures, or buildings in other districts shall be considered grounds for the issuance of a variance.
3. The following steps are required for consideration of variance:
a. Notice of public hearing shall be given. Written notice shall be mailed to property owners within three hundred feet of the boundaries of the subject property;
b. The board of adjustment shall obtain reports from all affected city boards or departments as part of the information to be considered at the public hearing;
c. The public hearing shall be held. Any party may appear in person, or by agent, or by attorney;
d. The board of adjustment shall determine in writing whether all of the requirements of subsections (B)(1) and (2) of this section are met;
e. The board of adjustment shall further make a finding whether or not the reasons set forth in the application justify the granting of the variance, and that the variance, if granted, is the minimum variance that will make possible the reasonable use of the land, building, or structure;
f. The board of adjustment shall further make a finding whether or not the granting of the variance will be in harmony with the general purposes and intent of this title, and will not be injurious to the neighborhood, or otherwise detrimental to the public welfare.
4. In granting any variance, the board of adjustment may prescribe appropriate conditions and safeguards in conformity with this title. Violation of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be a violation of this title.
5. Under no circumstances shall the board of adjustment grant a variance to allow a use not permitted under the terms of this title in the district involved, or any use expressly or by implication prohibited by the terms of this title in said district. Variances shall be limited to the area and dimensional requirements of this title.
6. Whenever a variance provides for or anticipates future construction, such construction must be commenced, or application made for a building permit, within one hundred eighty days from the date on which the variance was granted unless an additional time is authorized by the board of adjustment. (Ord. 2316 (part), 1994)17.10.040
(Ord. 2794, § 1(Att. A), 12-15-2008)
17.10.100 Conditional use permits (except for bed and breakfast establishments).
A. It is the intent of this subsection to provide a mechanism for consideration of certain uses, which because of their unusual size, infrequent occurrence, special requirements, possible safety hazards or detrimental effects on surrounding properties are classified as conditional uses and so designated in the various use districts.
B. 1. Certain uses may be allowed in those designated use districts by a conditional use permit granted by the city council after planning commission recommendation provided such use is specified under the conditional use subsection of the appropriate use district and is clearly shown to the city by the applicant that it is not detrimental to the surrounding neighborhood. Prior to granting such a permit the planning commission shall hold a public hearing. Prior to approval by the city council of such a permit it must be shown that the use will not be a liability to the neighboring uses.
2. A conditional use permit shall be granted by the city only if the applicant demonstrates that:
a. The conditional use is designed in a manner which is compatible with the character and appearance of the existing, or proposed, development in the vicinity of the subject property and is consistent with the purpose of the zone in which the subject property is located;
b. The location, size and height of buildings, structures, walls and fences, and screening vegetation for the conditional use shall not hinder neighborhood circulation or discourage the permitted development or use of neighboring properties;
c. The conditional use is designed in a manner that is compatible with the physical characteristics of the subject property;
d. Requested modifications to standards are limited to those which will mitigate impacts in a manner equal to or greater than the standards of this title or will not be detrimental to the surrounding neighborhood;
e. The conditional use is not in conflict with the health and safety of the community;
f. The conditional use is such that pedestrian and vehicular traffic associated with the use will not be hazardous or conflict with existing and anticipated traffic in the neighborhood, and adequate pedestrian and vehicular connections to the arterials and adjacent areas as well as appropriate circulation within the project are provided consistent with city policies and standards for circulation patterns in the area;
g. The conditional use will be supported by adequate public facilities or services and will not adversely affect public services to the surrounding area or conditions can be established to mitigate adverse impacts on such facilities; and
h. The conditional use is in compliance with the comprehensive plan.
3. The council may impose conditions upon a particular use if it is deemed necessary for the protection of the surrounding properties and for the general welfare of the public and/or to provide for compliance with conditional use permit criteria.
4. If conditional use applications for certain uses occur with unusual frequency, the planning commission and council shall review those portions of this title relating to that use and if necessary recommend amendments to this title.
C. Any conditional use permit that is issued shall certify the location, nature, and extent of the use, together with all conditions that are imposed and any other information deemed necessary for the issuance of said permit. A copy of the permit shall be kept on file and reviewed annually by the administrator and if at any time it is found that the use no longer complies with the conditions specified therein, the owner shall be declared in violation of this title and shall be subject to its penalties.
D. 1. Construction or substantial progress toward construction of a project for which a permit has been granted pursuant to this section must be undertaken within two years after the approval of the permit. Substantial progress towards construction shall include, but not be limited to the letting of bids, making of contracts, purchase of materials involved in development, but shall not include development or uses which are inconsistent with this title. In determining the running of the two-year period hereof, there shall not be included the time during which a development was not actually pursued by construction and the pendency of litigation reasonably related thereto made it reasonable not to so pursue; provided, that the planning commission may, at its discretion extend the two-year time period for a reasonable time based on factors, including the inability to expeditiously obtain other governmental permits which are required prior to the commencement of construction.
2. If a project for which a permit has been granted pursuant to the act has not been completed within five years after the approval of the permit by the city council, the city council shall at the expiration of the five-year period, review the permit, consider planning commission recommendations, and upon a showing of good cause, do either of the following:
a. Extend the permit for one year; or
Provided, that the running of the five-year period shall not include the time during which a development was not actually pursued by construction and the pendency of litigation reasonably related thereto made it reasonable not to so pursue, and; provided further, that nothing herein shall preclude the city council from issuing permits with a fixed termination date of less than five years, and; provided further, that an application for a conditional use permit which has been denied in whole or in part shall not be resubmitted for a period of six months from the date of such denial.
3. If a conditional use permit is issued for a private road and a short-plat or boundary line adjustment is issued based on this conditional use, the short-plat or boundary line adjustment approval and recording within this five-year period shall meet this construction requirement. However, no building permits for properties in the short plat shall be issued until the private road and associated utilities serving those lots have been completed.
E. The following steps are required for consideration of applications for conditional use permit:
1. The proposed use must be determined to be one of the uses specified under the conditional use subsection of the appropriate use district. If the proposed use is not listed, but is in the opinion of the administrator clearly similar to uses listed, and is otherwise in conformance with requirements of this section, the administrator shall accept the application and forward it to the planning commission with their recommendation relative to appropriateness or similarity of proposed use.
2. The required application form must be completed and fees, as established by this title, paid.
3. Notice of public hearing shall be given.
4. Reports from city staff shall be requested and forwarded to the planning commission prior to the public hearing.
5. An open record public hearing shall be held.
6. The planning commission shall record their recommendations, their reasons for recommendation, and any conditions recommended to be placed on the application. This record to be sent to city council.
7. Any aggrieved party shall have five working days from date of the action to appeal the recommendation of the planning commission to the city council. The appeal shall be in writing and is to be filed with the city clerk. If an appeal is filed by an aggrieved party, this appeal shall be a closed record appeal to the city council who shall decide the matter.
8. After considering the record and any appeal, the city council shall decide whether to fully grant, deny, or grant with conditions the conditional use permit, and shall issue a written decision.
9. For every project permit application there shall be no more than one open record hearing before the planning commission and one closed record appeal.
F. Expansion of an approved conditional use by expanding the land area by more than ten percent or by increasing the land covered by buildings by more than ten percent will require a new conditional use permit. (Ord. 2614 Att. A, 2003; Ord. 2381 §§ 1D2--1D5, 1995; Ord. 2316 (part), 1994)
G. In the event that the city council finds that the information provided during the one open record hearing before the planning commission is insufficient to enable them to make a determination, the council may remand the matter back to the planning commission to re-open the open record hearing for the limited purpose of addressing specific questions as set forth by the council. This remand shall not be construed as creating a second open public hearing, nor used for the purpose of introducing new information except in direct response to the council's questions.
(Ord. 2794, § 1(Att. A), 12-15-2008)
17.10.110 Conditional use permits for bed and breakfast establishments.
A. Bed and breakfast establishments may be allowed as a conditional use in all zones, except the P and HM zones, within the city as provided in Section 17.10.100 of this chapter. Further, in granting said conditional use, the council may provide restrictions that make adequate provisions for parking, impact on surrounding neighbors, health and safety, and such other considerations which will tend to limit any adverse impacts to the surrounding neighborhood. In addition, the following shall be required:
1. The owner shall be the operator of the facility, shall reside on the premises, and the owner's quarters and guest rooms shall all be in the main building;
2. Signs shall be limited to one sign which will not exceed two square feet in area and which shall be placed on the property on which the bed and breakfast facility is located. Such sign shall use nonflashing nonreflective materials; and the legend shall show only the name of the facility and/or the operator and/or the address. The color shall be non-garish and consistent with residential character;
3. The facility shall meet all applicable city, county, or state regulations;
4. If located in a residential zone, the facility shall be operated in such a manner as not to give the outward appearance of a business, in the ordinary meaning of the term, and shall not infringe upon the right of the neighboring residents to enjoy a peaceful occupancy of their homes;
5. Off-street parking should be enforced with two spaces for the owner and one for each guest room applied for;
6. The use shall comply with the conditions set-out in Section 17.10.100(B)(2) of this chapter.
B. Each conditional use granted by the city shall be reviewed by the administrator on an annual basis. The abutting property owners and/or renters shall be notified of the first annual review of new permits and the first annual review of permits following a change of ownership. The administrator shall be empowered to suspend or revoke a conditional use permit should it be determined that the conditions of the conditional use permit as set by the city are not being followed.
C. Any decision by the administrator suspending or revoking the conditional use permit granted by the city shall be appealable to the city council within ten days of the mailing of the notice of action by the administrator to the individual named in the conditional use permit. At its next regular meeting the city council shall set a hearing date and notice thereof shall be given to the appealing party. (Ord. 2706 § 2 (part), 2005: Ord. 2381 §§ 1D6, 1D7, 1995; Ord. 2316 (part), 1994)
(Ord. 2794, § 1(Att. A), 12-15-2008)
17.10.140 Restaurant sidewalk use permit.
A. Restaurant sidewalk use permits are conditional uses which shall be processed by the administrator, with appeal of decision to the city council.
B. The administrator is authorized and may issue restaurant sidewalk use permits in the central business and commercial districts upon application provided that:
1. The use fulfills the conditions regulating such uses as set forth below; and
2. The administrator finds the request will not cause detrimental effects to the surrounding neighborhood.
C. Conditions Regulating Restaurant Sidewalk Use Permits.
1. There shall be five feet of pedestrian passageway across the entire sidewalk use area.
2. Once a restaurant sidewalk use permit has been issued it shall not be transferable to another person or to a location other than stated in the permit; nor shall the specified conditions be changed.
3. A sidewalk use business shall not use utilities except by conventional, permanent connections.
4. Applicable Permits Required. All regular business license requirements shall be met before any sidewalk use business can be conducted. A sidewalk business dispensing food shall not operate except upon proof that the business has all valid licenses or permits required by any authority having jurisdiction over the conduct of the business to be conducted by the applicant, for example, Skagit County Health Department food service license and food handlers permits, or any other applicable license or permit required by the city, county, or state.
5. Clean-Up Requirements. Each sidewalk business must provide a sufficient litter receptacle for customer use, and must keep the area within a fifty-foot radius of any sidewalk business reasonably clean of all litter and trash that originates from the drink and/or food sold by the sidewalk use business, such as wrappers, sacks, cups, napkins and the like. (Ord. 2316 (part), 1994)
6. Furniture, fencing, and other appurtenances of the sidewalk use shall not be attached to the sidewalk, building, or other structures, so that they may be moved for emergency access or special events, and can be removed during periods when the sidewalk use is not active, such as in winter weather. Seasonal discontinuance of the sidewalk use shall not invalidate the permit, but the permit shall expire if the use is not actively pursued for a period of one year or more.
(Ord. 2794, § 1(Att. A), 12-15-2008)
17.10.170 Accessory dwelling units.
Accessory dwelling units (ADU's) may be approved by the zoning administrator in R1, R2, R3, R4, R4A, and R4B zones subject to the procedure set forth in [Section] 17.10.180.
In addition, the following standards and regulations shall apply to all proposed accessory dwelling units:
A. An accessory dwelling unit may be established in an existing single-family dwelling unit or in a detached structure on a legal building lot by any one or by a combination of the following methods:
1. Alteration of interior space of the dwelling; or
2. Conversion of an attic, basement, attached garage, or other portion of a dwelling; or
3. Addition of attached living area onto an existing dwelling; or
4. Construction of a detached living area (this may include a location currently permitted for a garage);
B. Each single-family dwelling on a legal building lot shall have not more than one accessory dwelling unit and these two units may not be condominiumized.
C. One of the dwelling units shall be occupied by one or more owners of the property as the owner's permanent and principal residence. "Owners" shall include title holders and contract purchasers. The owner shall file a certification of owner-occupancy with the planning department prior to the issuance of the permit to establish an accessory dwelling unit.
D. The habitable floor area of the accessory dwelling unit shall not exceed 900 square feet.
E. The total number of persons who may occupy the principal and accessory dwelling units combined shall not exceed the number of persons that are defined by this title as a "family."
F. A minimum of three off-street parking spaces shall be provided for the principal and accessory dwelling units.
G. The appearance and character of the dwelling shall be maintained when viewed from the surrounding neighborhood. Only one entrance to the residential structure may be located on any street side of the structure; provided that this limitation shall not affect the eligibility of a residential structure which has more than one entrance on the front or street side on the effective date of the ordinance codified in this chapter.
H. No impact fees or system development charges are payable; building permit fees are payable.
I. The accessory and principal dwelling unit shall comply with all applicable requirements of the International Building Code and zoning ordinance as adopted or amended by the city.
J. The owner of a single-family dwelling with an accessory dwelling unit shall file an owner's certificate of occupancy in a form acceptable to the city attorney no later than April 1 of each year. Any person who falsely certifies that he or she resides in a dwelling unit at the stated address to satisfy the requirements of this section shall be subject to the violation and penalty provisions of Section 17.66.010 of the City of Anacortes Municipal Code.
K. A permit for an accessory dwelling unit shall not be transferable to any lot other than the lot described in the application.
L. In addition to the conditions which may be imposed by the planning director/city council through the conditional use permit process, all accessory dwelling units shall also be subject to the condition that such a permit shall automatically expire whenever:
1. The accessory dwelling unit is substantially altered and is thus no longer in conformance with the plans approved by both the planning director/city council and building official; or
2. The subject lot ceases to maintain at least three off-street parking spaces; or
3. The applicant ceases to own or reside in either the principal or the accessory dwelling unit.
M. The applicant shall provide a deed restriction in a form acceptable to the city attorney and recorded with the county auditor, providing notice to future owners or long-term lessors of the subject lot that the existence of the accessory dwelling unit is predicated upon the occupancy of either the accessory dwelling unit or the principal dwelling by the person to whom the accessory dwelling unit permit has been issued. The covenant shall also require any owner of the property to notify a prospective buyer of the limitations of this section and to provide for the removal of improvements added to convert the premises to an accessory dwelling unit and the restoration of the site to a single-family dwelling in the event that any condition of approval is violated.
(Ord. 2794, § 1(Att. A), 12-15-2008)
17.16.110 Basic design standards.
A. Waterfront Esplanade. All uses abutting the water shall provide a walkway that will constitute a segment of a continuous, publicly accessible esplanade; the walkway shall be at least ten feet wide.
In order to qualify for an increase in FAR, the following city-adopted standards will need to be met. The walkway shall be adjacent to the shoreline and have an all-weather surface with benches constructed to city design standards. If the walkway is located inland no FAR increase is applicable.
B. Tommy Thompson Trail. The trail corridor alignment may be relocated, after public hearing and city council action, so long as it includes at least a seventeen-foot wide continuous right-of-way (ROW) with radii and ballast that can accommodate standard gauge rail service, space for linear park, trail and public or franchised tourist railroad. Realignments will be at the cost of property owners requesting change. The relocated ROW and tracks will remain in city ownership. In order to qualify for an increase in FAR, the following city-adopted standards will need to be met: the path be at least eight feet wide, be an all-weather surface and be properly drained. If active rail use is present, the path shall be separated from the tracks by a fence or hedge or by a grade separation.
C. Sidewalks. The following existing streets shall have sidewalks on both sides of the street: "R" Avenue, "T" Avenue, 22nd Street, 28th Street, 30th Street and 34th Street, unless adjacent to a city trail or esplanade.
All new streets shall have sidewalks on both sides of the street, in order to provide connections between the waterfront esplanade and the Tommy Thompson Trail.
D. Vegetation. Any vegetation shall be low-water-usage plants or native vegetation. If the lot area exceeds ten thousand square feet, an in-ground irrigation system shall be installed in all landscaped areas. All vegetation shall be maintained in a healthy condition, free of weeds and trash, and damaged or unhealthy plants shall be promptly replaced. A landscaping plan shall be approved by the planning commission.
E. Street Circulation. All uses shall identify how street circulation shall be facilitated. Increased traffic flows will cause need for internal traffic circulation within the development and limited access to arterials.
The city shall retain choice and control of access points to "Q", "R", and 22nd and "T" and adjoining city streets, to assure limited and efficient access to key arterial streets; and it retains the authority to require dedication of ROW or easements necessary for public facilities
F. Master Planning. Commercial and/or industrial projects shall submit a master plan for city staff review describing a desirable relationship of structures to one another, to open spaces, and to existing buildings for a distance of five hundred feet from the property boundaries. Circulation shall be defined for pedestrians, bicycles, vehicles, service vehicles, parking access, and arterial access.
If the current proposal is part of a larger complex, the applicant should show how circulation will be handled and standards will be met for the total master planned site. Staged developments may apply through a planned unit development process. The city may require connections between adjacent properties for vehicular and pedestrian circulation and emergency access. A property use and development agreement consistent with state statutes may be utilized when agreed to by the city and the project proponent, provided that all other provisions of city ordinances are met.
G. Building Standards. In order to make large new buildings compatible with the scale of existing city development, and create a pedestrian-friendly environment, the apparent size of buildings and parking areas shall be broken down to relate to human scale by the following means:
If a building facade exceeds fifty feet in length, and is within twenty feet of an esplanade, trail, sidewalk, plaza, courtyard, or similar pedestrian area, it shall be broken down into smaller elements by jogging the wall in or out a minimum of four feet for at least ten feet of length, or by adding an element such as a porch, recessed entry, bay window, projecting trellis, or similar substantial architectural feature at least four feet deep by ten feet wide by one story high, at intervals so that no continuous wall plane is more than fifty feet in length.
If a building exceeds thirty feet in height, its apparent height shall be modulated wherever it is within ten feet of an esplanade, trail, sidewalk, plaza, courtyard, or similar pedestrian area, by adding shorter (twenty feet or less) building elements such as a wing of the building, arcade, trellis, lower roof overhang, horizontal projection at least two feet deep, awning, balcony, or other architectural feature to reduce the apparent height to a more human scale.
If a building wall is within twenty feet of a sidewalk, plaza, courtyard, or similar pedestrian area, it shall incorporate human-scale elements such as windows, arcades, lower roof overhangs, small-scale textural and color changes, moldings, balconies, projecting and recessed elements, doorways, landscaped areas, trellises, artwork, and/or other small-scale architectural features so that people will not be walking past large blank wall surfaces.
Primary building entrances shall be clearly visible from streets, pedestrian ways, and parking areas, with recessed or covered entrance areas to protect people from the rain. Projects shall be designed to facilitate pedestrian access, with pedestrian walkways connecting building entrances to adjacent public ways in locations which provide access to pedestrian street crossings.
Service and loading areas shall be located away from the primary parking and pedestrian areas to minimize conflicts. Dumpsters, loading platforms, storage areas, and similar functions shall be screened from direct view from pedestrian areas by attractive view-obstructing fencing or dense landscaping.
Parking lots in this zone shall provide landscaped areas distributed throughout the parking areas, totaling not less than five percent of the parking lot area, in addition to the perimeter landscaping required by [sub]section 17.46.080(A). In order to limit impervious surface and avoid excessively large parking areas, parking lots in the industrial zone shall not exceed the minimum number of spaces required for each use under Chapter 17.46 by more than ten percent.
H. The following requirements shall apply to a building or complex of buildings exceeding fifty thousand square feet in gross floor area, because of the potential for a large structure to overwhelm and dominate this section of the city, to the detriment of existing uses and smaller businesses:
To visually modulate the vast expanses of parking required for a large building, an added two percent of the parking lot areas shall be developed in landscaping, in addition to the basic parking lot landscaping requirement for this zone. The landscaping plan for the project must be approved by the planning commission.
Parking shall be broken into several smaller parking lots, and buildings shall have entrances on more than one side, to reduce walking distances and to reduce the apparent expanse of the parking lots.
To visually modulate the greater size of the building, all sides of the building shall either meet the building standards for being within twenty feet of a pedestrian area, or shall be partially screened by landscaped areas not less than five feet in width, with at least one tree for each thirty feet of facade length.
Buildings shall be sited so that the longest dimension of the building is oriented east to west, or substantial view corridors are otherwise provided, to facilitate views of Fidalgo Bay from upland areas.
Also see Chapter 17.10.105. (Ord. 2521 Att. A § 3 (part), 2000: Ord. 2353 § 1 (part), 1995)
(Ord. 2794, § 1(Att. A), 12-15-2008)
17.20.110 Building standards.
A. In order to make large new buildings compatible with the scale of existing city development, and create a pedestrian-friendly environment, the apparent size of buildings and parking areas shall be broken down to relate to human scale by the following means:
B. If a building facade exceeds fifty feet in length, it shall be broken down into smaller elements by jogging the wall in or out a minimum of four feet for at least ten feet of length, or by adding an element such as a porch, recessed entry, bay window, projecting trellis or similar substantial architectural feature at least four feet deep by ten feet wide by one-story high, at intervals so that no continuous wall plane is more than fifty feet in length.
C. If a building exceeds twenty feet in height, its apparent height shall be modulated wherever it is within ten feet of a sidewalk, plaza, courtyard, or similar pedestrian area, by adding shorter (twenty feet or less) building elements such as a wing of the building, arcade, trellis, lower roof overhang, horizontal projection at least two feet deep, awning, balcony or other architectural feature to reduce the apparent height to a more human scale.
D. If a building wall is within twenty feet of a sidewalk, plaza, courtyard, or similar pedestrian area, it shall incorporate human-scale elements such as windows, arcades, lower roof overhangs, small-scale textural and color changes, moldings, balconies, projecting and recessed elements, doorways, landscaped areas, trellises, artwork and/or other small-scale architectural features so that people will not be walking past large blank wall surfaces.
E. Primary building entrances shall be clearly visible from streets, pedestrian ways and parking areas, with recessed or covered entrance areas to protect people from the rain. Projects shall be designed to facilitate pedestrian access, with pedestrian walkways connecting building entrances to adjacent public ways in locations which provide access to pedestrian street crossings.
F. Service and loading areas shall be located away from the primary parking and pedestrian areas to minimize conflicts. Dumpsters, loading platforms, storage areas, and similar functions shall be screened from direct view from pedestrian areas by attractive view-obstructing fencing or dense landscaping.
G. Parking lots in this zone shall provide landscaped areas distributed throughout the parking areas, totaling not less than five percent of the parking lot area, in addition to the perimeter landscaping required by [sub]section 17.46.080(A). In order to limit impervious surface and avoid excessively large parking areas, parking lots in the CBD zone shall not exceed the minimum number of spaces required for each use under Chapter 17.46 by more than ten percent. (Ord. 2592 Att. A § 13, 2001)
(Ord. 2794, § 1(Att. A), 12-15-2008)
17.21.110 Basic design standards.
A. Waterfront Esplanade. All uses abutting the water in the Cap Sante CM zone shall provide a walkway that will constitute a segment of a continuous, publicly-accessible esplanade; the walkway shall be at least ten feet wide.
B. Tommy Thompson Trail. The trail corridor alignment may be relocated, after public hearing and city council action, so long as it includes at least a seventeen-foot wide continuous right-of-way (ROW) with radii and ballast that can accommodate standard gauge rail service, space for linear park, trail and public or franchised tourist railroad. Re-alignments will be at the cost of property owners requesting the change. The relocated ROW and tracks will remain in city ownership. In order to qualify for an increase in FAR, the following city-adopted standards must be met: the path be at least eight feet wide, be an all weather surface, and be properly drained. If active rail use is present, the path shall be separated from the tracks by a fence or hedge or by a grade separation.
C. Sidewalks. All new streets shall have sidewalks on both sides of the street.
D. Vegetation. Any vegetation shall be of low water usage plants or native vegetation.
E. Street Circulation. All uses shall identify how vehicular and pedestrian circulation will be facilitated. The city may require connections between adjacent properties for vehicular and pedestrian circulation and emergency access
F. Planned Unit Development (PUD). The city should consider adding provisions for approval of commercial and/or industrial projects over five acres in size through a planned unit development, rather than a conditional use process, the provisions for which need to be developed.
G. Building Standards. In order to make large new buildings compatible with the scale of existing city development, and create a pedestrian-friendly environment, the apparent size of buildings and parking areas shall be broken down to relate to human scale by the following means:
If a building facade exceeds fifty feet in length, and is within twenty feet of an esplanade, trail, sidewalk, plaza, courtyard, or similar pedestrian area, it shall be broken down into smaller elements by jogging the wall in or out a minimum of four feet for at least ten feet of length, or by adding an element such as a porch, recessed entry, bay window, projecting trellis, or similar substantial architectural feature at least four feet deep by ten feet wide by one story high, at intervals so that no continuous wall plane is more than fifty feet in length.
If a building exceeds thirty feet in height, its apparent height shall be modulated wherever it is within ten feet of a sidewalk, plaza, courtyard, or similar pedestrian area, by adding shorter (twenty feet or less) building elements such as a wing of the building, arcade, trellis, lower roof overhang, horizontal projection at least two feet deep, awning, balcony, or other architectural feature to reduce the apparent height to a more human scale.
If a building wall is within twenty feet of a sidewalk, esplanade, trail, plaza, courtyard, or similar pedestrian area, it shall incorporate human-scale elements such as windows, arcades, lower roof overhangs, small-scale textural and color changes, moldings, balconies, projecting and recessed elements, doorways, landscaped areas, trellises, artwork, and/or other small-scale architectural features so that people will not be walking past large blank wall surfaces.
Primary building entrances shall be clearly visible from streets, pedestrian ways, and parking areas, with recessed or covered entrance areas to protect people from the rain. Projects shall be designed to facilitate pedestrian access, with pedestrian walkways connecting building entrances to adjacent public ways in locations which provide access to pedestrian street crossings.
Service and loading areas shall be located away from the primary parking and pedestrian areas to minimize conflicts. Dumpsters, loading platforms, storage areas, and similar functions shall be screened from direct view from pedestrian areas by attractive view-obstructing fencing or dense landscaping.
Parking lots in this zone shall provide landscaped areas distributed throughout the parking areas, totaling not less than five percent of the parking lot area, in addition to the perimeter landscaping required by [sub]section 17.46.080(A). In order to limit impervious surface and avoid excessively large parking areas, parking lots in this zone shall not exceed the minimum number of spaces required for each use under Chapter 17.46 by more than ten percent.
H. The following requirements shall apply to a building or complex of buildings exceeding fifty thousand square feet in gross floor area, because of the potential for a large structure to overwhelm and dominate a section of the city, to the detriment of existing uses and smaller businesses:
To visually modulate the vast expanses of parking required for a large building, an added two percent of the parking lot areas shall be developed in landscaping, in addition to the basic parking lot landscaping requirement for this zone. The landscaping plan for the project must be approved by the planning commission.
Parking shall be broken into several smaller parking lots, and buildings shall have entrances on more than one side, to reduce walking distances and to reduce the apparent expanse of the parking lots.
To visually modulate the greater size of the building, all sides of the building shall either meet the building standards for being within twenty feet of a pedestrian area, or shall be partially screened by landscaped areas not less than five feet in width, with at least one tree for each thirty feet of facade length. (Ord. 2521 Att. A § 3 (part), 2000)
(Ord. 2794, § 1(Att. A), 12-15-2008)
17.22.070 Maximum density/floor area ratio.
A floor area ratio formula shall be applied to all buildings in this zone. For purposes of this section, floor area ratio (FAR) establishes the maximum allowable amount of square feet within a building as a multiple of the area of the lot.
The maximum allowable basic FAR for all development within this zone shall be .5. This may be increased to a maximum of 1.0, according to the following formula:
A. The FAR may be increased by .25 if a development project includes permanent amenities adjacent to the Tommy Thompson Trail which are available to the general public and constructs them according to specifications established by the city council.
B. The FAR may also be increased by .25 if a development project includes a portion of the waterfront esplanade and constructs it to specifications established by the city.
C. The FAR may be increased by up to .25 by the following method: For each five percent of total lot area that is developed as public open space, a five percent increase in the FAR shall be allowed, up to a twenty-five percent maximum increase. Qualifying public open space may include pedestrian walkways (excluding those required by other provisions of this Code), arcades, plazas, seating areas, landscaping in excess of that required by other provisions of this Code, bikeways, permanent view easements, watercourses and fountains, courtyards and similar publicly accessible open spaces.
D. Subsections A, B and/or C of this section may be combined, but in no case shall the FAR exceed 1.0. If the waterfront esplanade or railroad corridor frail has been provided by other means, then a FAR increase for that feature shall not be given.
E. Floor area ratio (or FAR) is a method of directing the intensity of development. It is a ratio that expresses the amount of allowable building area as a multiple of the lot area.
A FAR of 1.0 can produce the following possibilities (among others):
1. A two-story building covering one-half of the lot;
2. A four-story building covering one-quarter of the lot.
Using FAR to derive the amount of building area on a fifty thousand-square feet lot would be as follows:
1. A .5 FAR would result in a twenty-five thousand-square feet building (maximum);
2. A .75 FAR would result in a thirty-seven thousand five hundred-square feet building (maximum);
3. A 1.0 FAR would result in a fifty thousand-square feet building (maximum). (Ord. 2521 Att. A § 3 (part), 2000)
(Ord. 2794, § 1(Att. A), 12-15-2008)
17.22.110 Basic design standards.
A. Waterfront Esplanade. All uses abutting the water shall provide a walkway that will constitute a segment of a continuous, publicly accessible esplanade; the walkway shall be at least ten feet wide.
In order to qualify for an increase in FAR, the following city-adopted standards will need to be met. The walkway shall be adjacent to the shoreline and have an all-weather surface with benches constructed to city design standards. If the walkway is located inland no FAR increase is applicable.
B. Tommy Thompson Trail. The trail corridor alignment may be relocated, after public hearing and city council action, so long as it includes at least a seventeen-foot wide continuous right-of-way (ROW) with radii and ballast that can accommodate standard gauge rail service, space for linear park, trail and public or franchised tourist railroad. Realignments will be at the cost of property owners requesting change. The relocated ROW and tracks will remain in city ownership. In order to qualify for an increase in FAR, the following city-adopted standards will need to be met: the path be at least eight feet wide, be an all weather surface, and be properly drained. If active rail use is present, the path shall be separated from the tracks by a fence or hedge or by a grade separation.
C. Sidewalks. The following existing streets shall have sidewalks on both sides of the street: "Q" Avenue, "R" Avenue, "T" Avenue, and 22nd Street unless adjacent to a city-approved trail or esplanade.
All new streets shall have sidewalks on both sides of the street, in order to provide connections between the waterfront esplanade and Tommy Thompson Trail. Inviting, safe pedestrian connections shall be provided across "Q" Avenue to connect tourists and shoppers from west of "Q" to facilities on the east side of "Q", to the Tommy Thompson Trail and to sidewalks with connections to the waterfront esplanade.
D. Vegetation. Any vegetation shall be low-water-usage plants or native vegetation. If the lot area exceeds ten thousand square feet, an in-ground irrigation system shall be installed in all landscaped areas. All vegetation shall be maintained in a healthy condition, free of weeds and trash, and damaged or unhealthy plants shall be promptly replaced. A landscaping plan shall be approved by the planning commission.
E. Street Circulation. All uses shall identify how street circulation will be facilitated. Increased traffic flows will cause need for internal traffic circulation within the development and between 13th Street and 22nd Street and limited access to arterials. The city shall retain choice and control of access points to adjoining city streets, to assure limited and efficient access to key arterial streets; and it retains the authority to require dedication of ROW or easements necessary for public facilities.
F. Master Planning. Commercial and/or industrial projects shall submit a master plan for city staff review describing a desirable relationship of structures to one another, to open spaces, and to existing buildings for a distance of five hundred feet from the property boundaries. Circulation shall be defined for pedestrians, bicycles, vehicles, service vehicles, parking access and arterial access.
If the current proposal is part of a larger complex, the applicant should show how circulation will be handled and standards will be met for the total master planned site. Staged developments may apply through a planned unit development process. The city may require connections between adjacent properties for vehicular and pedestrian circulation and emergency access. A property use and development agreement consistent with state statutes may be utilized when agreed to by the city and the project proponent, provided that all other provisions of city ordinances are met.
G. Building Standards. In order to make large new buildings compatible with the scale of existing city development, and create a pedestrian-friendly environment, the apparent size of buildings and parking areas shall be broken down to relate to human scale by the following means:
1. If a building facade exceeds fifty feet in length, it shall be broken down into smaller elements by jogging the wall in or out a minimum of four feet for at least ten feet of length, or by adding an element such as a porch, recessed entry, bay window, projecting trellis or similar substantial architectural feature at least four feet deep by ten feet wide by one-story high, at intervals so that no continuous wall plane is more than fifty feet in length.
2. If a building exceeds thirty feet in height, its apparent height shall be modulated wherever it is within ten feet of a sidewalk, plaza, courtyard, or similar pedestrian area, by adding shorter (twenty feet or less) building elements such as a wing of the building, arcade, trellis, lower roof overhang, horizontal projection at least two feet deep, awning, balcony or other architectural feature to reduce the apparent height to a more human scale.
3. If a building wall is within twenty feet of a sidewalk, esplanade, trail, plaza, courtyard, or similar pedestrian area, it shall incorporate human-scale elements such as windows, arcades, lower roof overhangs, small-scale textural and color changes, moldings, balconies, projecting and recessed elements, doorways, landscaped areas, trellises, artwork and/or other small-scale architectural features so that people will not be walking past large blank wall surfaces.
4. Primary building entrances shall be clearly visible from streets, pedestrian ways and parking areas, with recessed or covered entrance areas to protect people from the rain. Projects shall be designed to facilitate pedestrian access, with pedestrian walkways connecting building entrances to adjacent public ways in locations which provide access to pedestrian street crossings.
5. Service and loading areas shall be located away from the primary parking and pedestrian areas to minimize conflicts. Dumpsters, loading platforms, storage areas, and similar functions shall be screened from direct view from pedestrian areas by attractive view-obstructing fencing or dense landscaping.
6. Parking lots in this zone shall provide landscaped areas distributed throughout the parking areas, totaling not less than five percent of the parking lot area, in addition to the perimeter landscaping required by [sub]section 17.46.080(A). In order to limit impervious surface and avoid excessively large parking areas, parking lots in the CM1 zone shall not exceed the minimum number of spaces required for each use under Chapter 17.46 by more than ten percent.
H. The following requirements shall apply to a building or complex of buildings exceeding fifty thousand square feet in gross floor area, because of the potential for a large structure to overwhelm and dominate this section of the city, to the detriment of existing uses and smaller businesses:
1. To visually modulate the vast expanses of parking required for a large building, an added two percent of the parking lot areas shall be developed in landscaping, in addition to the basic parking lot landscaping requirement for this zone. The landscaping plan for the project must be approved by the planning commission.
2. Parking shall be broken into several smaller parking lots, and buildings shall have entrances on more than one side, to reduce walking distances and to reduce the apparent expanse of the parking lots.
3. To visually modulate the greater size of the building, all sides of the building shall either meet the building standards for being within twenty feet of a pedestrian area, or shall be partially screened by landscaped areas not less than five feet in width, with at least one tree for each thirty feet of facade length.
4. Buildings shall be sited so that the longest dimension of the building is oriented east to west, or substantial view corridors are otherwise provided, to facilitate views of Fidalgo Bay from upland areas. (Ord. 2521 Att. A § 3 (part), 2000)
(Ord. 2794, § 1(Att. A), 12-15-2008)
17.23.070 Maximum density/floor area ratio.
A floor area ratio formula shall be applied to all buildings in all parts of this zone. For purposes of this section, floor area ratio (FAR) establishes the maximum allowable amount of square feet within a building as a multiple of the area of the lot.
The maximum allowable basic FAR for all development within this zone shall be .5. This may be increased to a maximum of 1.0, according to the following formula:
A. The FAR may be increased by .25 if a development project includes permanent amenities adjacent to the Tommy Thompson Trail which are available to the general public and constructs them according to specifications established by the city and approved by the city council.
B. The FAR may also be increased by .25 if a development project includes a portion of the waterfront esplanade and constructs it to specifications established by the city.
C. The FAR may be increased by up to .25 by the following method. For each five percent of total lot area that is developed as public open space, a five percent increase in the FAR shall be allowed, up to a twenty-five percent maximum increase. Qualifying public open space may include pedestrian walkways (excluding those required by other provisions of this Code), arcades, plazas, seating areas, landscaping in excess of that required by other provisions of this Code, bikeways, permanent-view easements, watercourses and fountains, courtyards and similar publicly accessible open spaces.
D. Subsections A, B and/or C of this section may be combined, but in no case shall the FAR exceed 1.0. If the waterfront esplanade or railroad corridor trail has been provided by other means, then a FAR increase for that feature shall not be given.
E. Floor area ratio is a method of directing the intensity of development. It is a ratio that expresses the amount of allowable building area as a multiple of the lot area.
A FAR of 1.0 can produce the following possibilities (among others):
1. A two-story building covering one-half of the lot;
2. A four-story building covering one-fourth of the lot.
Using FAR to derive the amount of building area on a fifty thousand square feet lot would be as follows:
1. A .5 FAR would result in a twenty-five thousand square feet building (maximum);
2. A .75 FAR would result in a thirty seven thousand five hundred square feet building (maximum);
3. A 1.0 FAR would result in a fifty thousand square feet building (maximum). (Ord. 2521 Att. A § 3 (part), 2000)
(Ord. 2794, § 1(Att. A), 12-15-2008)
17.23.110 Basic design standards.
A. Waterfront Esplanade. All uses abutting the water shall provide a walkway that will constitute a segment of a continuous, publicly accessible esplanade; the walkway shall be at least ten feet wide.
In order to qualify for an increase in FAR, the following city-adopted standards will need to be met. The walkway shall be adjacent to the shoreline and have an all-weather surface with benches constructed to city design standards. If the walkway is located inland no FAR increase is applicable.
B. Tommy Thompson Trail. The trail corridor alignment may be relocated, after public hearing and city council action, so long as it includes at least a seventeen-foot wide continuous right-of-way (ROW) with radii and ballast that can accommodate standard gauge rail service, space for linear park, trail and public or franchised tourist railroad. Realignments will be at the cost of property owners requesting change. The relocated ROW and tracks will remain in city ownership. In order to qualify for an increase in FAR, the following city-adopted standards will need to be met: the path be at least eight feet wide, be an all-weather surface, and be properly drained. If active rail use is present, the path shall be separated from the tracks by a fence or hedge or by a grade separation.
C. Sidewalks. The following existing streets shall have sidewalks on both sides of the street: "R" Avenue, "T" Avenue, 22nd Street, and 28th Street, unless adjacent to a city-approved trail or esplanade.
All new streets shall have sidewalks on both sides of the street, in order to provide connections between the waterfront esplanade and the railroad corridor trail.
D. Vegetation. Any vegetation shall be of low-water-usage plants or native vegetation. If the lot area exceeds ten thousand square feet, an in-ground irrigation system shall be installed in all landscaped areas. All vegetation shall be maintained in a healthy condition, free of weeds and trash, and damaged or unhealthy plants shall be promptly replaced. A landscaping plan shall be approved by the planning commission.
E. Street Circulation. All uses shall identify how street circulation will be facilitated.
F. Master Planning. Commercial and/or industrial projects shall submit a master plan for city staff review describing a desirable relationship of structures to one another, to open spaces, and to existing buildings for a distance of five hundred feet from the property boundaries. Circulation shall be defined for pedestrians, bicycles, vehicles, service vehicles, parking access, and arterial access.
If the current proposal is part of a larger complex, the applicant should show how circulation will be handled and standards will be met for the total master planned site. The city may require connections between adjacent properties for vehicular and pedestrian circulation and emergency access. Staged developments may apply through a planned unit development process. A property use and development agreement consistent with state statutes may be utilized when agreed to by the city and the project proponent, provided that all other provisions of city ordinances are met.
G. Building Standards. In order to make large new buildings compatible with the scale of existing city development, and create a pedestrian-friendly environment, the apparent size of buildings and parking areas shall be broken down to relate to human scale by the following means:
If a building facade exceeds fifty feet in length, it shall be broken down into smaller elements by jogging the wall in or out a minimum of four feet for at least ten feet of length, or by adding an element such as a porch, recessed entry, bay window, projecting trellis, or similar substantial architectural feature at least four feet deep by ten feet wide by one story high, at intervals so that no continuous wall plane is more than fifty feet in length.
If a building exceeds twenty feet in height, its apparent height shall be modulated wherever it is within ten feet of a sidewalk, plaza, courtyard, or similar pedestrian area, by adding shorter (twenty feet or less) building elements such as a wing of the building, arcade, trellis, lower roof overhang, horizontal projection at least two feet deep, awning, balcony, or other architectural feature to reduce the apparent height to a more human scale.
If a building wall is within twenty feet of a sidewalk, plaza, courtyard, or similar pedestrian area, it shall incorporate human-scale elements such as windows, arcades, lower roof overhangs, small-scale textural and color changes, moldings, balconies, projecting and recessed elements, doorways, landscaped areas, trellises, artwork, and/or other small-scale architectural features so that people will not be walking past large blank wall surfaces.
Primary building entrances shall be clearly visible from streets, pedestrian ways, and parking areas, with recessed or covered entrance areas to protect people from the rain. Projects shall be designed to facilitate pedestrian access, with pedestrian walkways connecting building entrances to adjacent public ways in locations which provide access to pedestrian street crossings.
Service and loading areas shall be located away from the primary parking and pedestrian areas to minimize conflicts. Dumpsters, loading platforms, storage areas, and similar functions shall be screened from direct view from pedestrian areas by attractive view-obstructing fencing or dense landscaping.
Parking lots in this zone shall provide landscaped areas distributed throughout the parking areas, totaling not less than five percent of the parking lot area, in addition to the perimeter landscaping required by [sub]section 17.46.080(A). In order to limit impervious surface and avoid excessively large parking areas, parking lots in this zone shall not exceed the minimum number of spaces required for each use under Chapter 17.46 by more than ten percent.
H. The following requirements shall apply to a building or complex of buildings exceeding fifty thousand square feet in gross floor area, because of the potential for a large structure to overwhelm and dominate this section of the city, to the detriment of existing uses and smaller businesses:
To visually modulate the vast expanses of parking required for a large building, an added two percent of the parking lot areas shall be developed in landscaping, in addition to the basic parking lot landscaping requirement for this zone. The landscaping plan for the project must be approved by the planning commission.
Parking shall be broken into several smaller parking lots, and buildings shall have entrances on more than one side, to reduce walking distances and to reduce the apparent expanse of the parking lots.
To visually modulate the greater size of the building, all sides of the building shall either meet the building standards for being within twenty feet of a pedestrian area, or shall be partially screened by landscaped areas not less than five feet in width, with at least one tree for each thirty feet of facade length.
Buildings shall be sited so that the longest dimension of the building is oriented east to west, to facilitate views of Fidalgo Bay from upland areas. (Ord. 2521 Att. A § 3 (part), 2000)
(Ord. 2794, § 1(Att. A), 12-15-2008)
17.24.110 Building standards.
A. In order to make large new buildings compatible with the scale of existing city development, and create a pedestrian-friendly environment, the apparent size of buildings and parking areas shall be broken down to relate to human scale by the following means:
B. If a building facade exceeds fifty feet in length and is within twenty feet of a sidewalk, plaza, courtyard, or similar pedestrian area, it shall be broken down into smaller elements by jogging the wall in or out a minimum of four feet for at least ten feet of length, or by adding an element such as a porch, recessed entry, bay window, projecting trellis or similar substantial architectural feature at least four feet deep by ten feet wide by one story high, at intervals so that no continuous wall plane is more than fifty feet in length.
C. If a building exceeds thirty feet in height, its apparent height shall be modulated wherever it is within ten feet of a sidewalk, plaza, courtyard, or similar pedestrian area, by adding shorter (twenty feet or less) building elements such as a wing of the building, arcade, trellis, lower roof overhang, horizontal projection at least two feet deep, awning, balcony or other architectural feature to reduce the apparent height to a more human scale.
D. If a building wall is within twenty feet of a sidewalk, plaza, courtyard, or similar pedestrian area, it shall incorporate human-scale elements such as windows, arcades, lower roof overhangs, small-scale textural and color changes, moldings, balconies, projecting and recessed elements, doorways, landscaped areas, trellises, artwork and/or other small-scale architectural features so that people will not be walking past large blank wall surfaces.
E. Primary building entrances shall be clearly visible from streets, pedestrian ways and parking areas, with recessed or covered entrance areas to protect people from the rain. Projects shall be designed to facilitate pedestrian access, with pedestrian walkways connecting building entrances to adjacent public ways in locations which provide access to pedestrian street crossings.
F. Service and loading areas shall be located away from the primary parking and pedestrian areas to minimize conflicts. Dumpsters, loading platforms, storage areas, and similar functions shall be screened from direct view from pedestrian areas by attractive view-obstructing fencing or dense landscaping.
G. Parking lots in this zone shall provide landscaped areas distributed throughout the parking areas, totaling not less than five percent of the parking lot area, in addition to the perimeter landscaping required by [sub]section 17.46.080(A). In order to limit impervious surface and avoid excessively large parking areas, parking lots in the C zone shall not exceed the minimum number of spaces required for each use under Chapter 17.46 by more than ten percent. (Ord. 2592 Att. A § 13, 2002)
(Ord. 2794, § 1(Att. A), 12-15-2008)