CITY OF OCEAN SHORES, WASHINGTON

ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF OCEAN SHORES, WASHINGTON, UPDATING CHAPTER 17 OF THE OCEAN SHORES MUNICIPAL CODE RELATING TO ZONING DISTRICTS, CREATING A NEW ZONING DISTRICT, AND ADOPTING THE ZONING MAP

WHEREAS , the City Council of the City of Ocean Shores finds it necessary to do a general update to Chapter 17 of the Ocean Shores Municipal Code (OSMC) to ensure internal consistency within the Code, to assure consistency between the Code and the Comprehensive Plan, to provide clarification, and to meet the changing needs of the City; and

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF OCEAN SHORES, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS :

Section 1. The Ocean Shores Municipal Code Chapter 17 as it pertains to Zoning is hereby amended to read as follows:

Chapter 17.02 GENERAL PROVISIONS Sections: 17.02.010 Short title. 17.02.020 Purpose. 17.02.030 Composition. 17.02.010 Short title. The ordinance codified in this title shall be known and may be cited as "zoning code of the city of Ocean Shores." 17.02.020 Purpose. This title, along with other development regulations, is intended to augment and implement the Ocean Shores Comprehensive Plan. All of the various planning documents, including the comprehensive plan, are subject to amendments as conditions change; as such, all the policies and regulations which control the character and development of Ocean Shores must be used together and coordinated to fulfill their combined purpose. .This title is an official land use control for the city, adopted and established pursuant to RCW 35A.63.100 to serve the public health, safety and general welfare, to encourage the most appropriate use of land throughout the city, to lessen traffic congestion and accidents, to secure safety from fires, to provide adequate light and air, to prevent overcrowding of land, to avoid undue concentration of population, to promote coordinated development of un-built areas, to encourage the formation of neighborhood or community units, to secure an appropriate allotment of land area in new developments for all

Page 1 of 74 Ordinance No. the requirements of the community life, to conserve and restore natural beauty and other natural resources, to facilitate the adequate provision of transportation, water, sewerage and other public uses and requirements, and represents the means of carrying out the general purposes of the city comprehensive plan. 17.02.030 Composition. This title is composed of two parts, the first is the text, the second is the map designated as the official zoning map which has been adopted as a part of this title and is by this appended hereto. Both the text and the map are subject to amendment in accordance with state law and the procedures established herein.

Chapter 17.04 DEFINITIONS Sections: 17.04.005 Definitions generally. 17.04.010 Accessory structure. 17.04.015 Alley. 17.04.020 Amendment. 17.04.030 . 17.04.050 . 17.04.060 Block. 17.04.070 Boardinghouse, lodging or rooming house. 17.04.075 . 17.04.080 Building coverage. 17.04.085 Building height. 17.04.090 Building line. 17.04.095 Building, main. 17.04.100 Building officer. 17.04.105 Business or commerce. 17.04.110 . 17.04.112 Child Care Center. 17.04.115 Church. 17.04.120 Classification. 17.04.125 Clinic. 17.04.130 Commission. 17.04.135 Conditional use. 17.04.140 Conditional use permit. 17.04.145 Council. 17.04.150 Development Regulations. 17.04.155 Dwelling. 17.04.160 Dwelling, multiple. 17.04.165 Dwelling, one-family. 17.04.170 Dwelling, two-family. 17.04.175 Dwelling unit.

Page 2 of 74 Ordinance No. 17.04.180 Dwelling unit, accessory. 17.04.185 Equipment, heavy duty. 17.04.190 Family. 17.04.195 Fence. 17.04.200 Fence, sight-obscuring. 17.04.210 area. 17.04.215 , private. 17.04.220 Garage, public. 17.04.225 Grade, established. 17.04.230 Grade, finished. 17.04.235 Grade, original. 17.04.240 Guest . 17.04.241 Hazardous waste. 17.04.241.5 Hazardous waste storage. 17.04.242 Hazardous waste treatment. 17.04.243 Hazardous waste treatment and storage facility, off-site. 17.04.244 Hazardous waste treatment and storage facility, on-site. 17.04.245 occupation. 17.04.250 Hospital. 17.04.255 Hotel. 17.04.260 Junkyard. 17.04.265 Kennel. 17.04.270 Landscaping. 17.04.275 Livestock. 17.04.280 Loading, off-street. 17.04.285 Lot. 17.04.290 Lot area. 17.04.295 Lot, corner. 17.04.300 Lot depth. 17.04.305 Lot, interior. 17.04.310 Lot, key. 17.04.315 Lot line, front. 17.04.320 Lot line, rear. 17.04.325 Lot line, side. 17.04.330 Lot, reverse corner. 17.04.335 Lot width. 17.04.345 Manager. 17.04.347 Manufactured home. 17.04.355 Mayor. 17.04.360 Mobile home. 17.04.365 Modular home. 17.04.370 Motel. 17.04.371 Non-accessory structures. 17.04.371.5 New manufactured home. 17.04.375 Nonconforming building.

Page 3 of 74 Ordinance No. 17.04.380 Nonconforming use. 17.04.402 Park trailer. 17.04.405 Parking area, private. 17.04.410 Parking area, public. 17.04.415 Parking space. 17.04.420 Permitted use. 17.04.425 Planned developments. 17.04.430 Planning agency. 17.04.441 Principal structure. 17.04.450 Profession. 17.04.455 Professional offices. 17.04.460 Projection. 17.04.465 Reclassification of property. 17.04.470 Recorded. 17.04.475 Recreational . 17.04.480 Recreational vehicle park and campground. 17.04.490 Rest home, convalescent home, guest home or home for the aged. 17.04.495 Screened. 17.04.500 Service station, automotive. 17.04.505 Single-family residence. 17.04.525 Story. 17.04.530 Story, half. 17.04.535 Street grade and right-of-way. 17.04.540 Street or road. 17.04.545 Structural alteration. 17.04.550 Structure. 17.04.555 Tower. 17.04.560 Trailer park, trailer court and public trailer camp. 17.04.565 Trailer, travel. 17.04.567 Transient rental. 17.04.570 Use. 17.04.575 Variance. 17.04.580 Vehicle. 17.04.585 Yard. 17.04.590 Yard, front. 17.04.595 Yard, rear. 17.04.600 Yard, side. 17.04.605 Zone. 17.04.005 Definitions generally. For the purpose of this title certain terms and words are defined in this chapter. When not inconsistent with the context, words used in the present tense shall include the future, and the future the present; the singular number shall include the plural, and the plural the singular; the word "shall" is always mandatory and the word "may" denotes a use of discretion in making a decision. The words "used" or "occupied," unless the context otherwise requires, shall be considered as though followed by the words "or intended, arranged or designed to be used or

Page 4 of 74 Ordinance No. occupied.” The word "person" shall include a corporation, partnership or other entity. 17.04.010 Accessory structure. "Accessory structure" means a subordinate structure being secondary to or incidental to the principal use or structure. (Ord. 225 § 1, 1978: Ord. 136 § 2.02, 1974) 17.04.015 Alley. "Alley" means a public thoroughfare or way which affords only a secondary means of access to abutting property. (Ord. 136 § 2.03, 1974) 17.04.020 Amendment. "Amendment" means a change in the wording, context or substance of the ordinance codified in this title or a change in the zone boundaries upon the zoning map adopted hereunder. (Ord. 136 § 2.04, 1974) 17.04.030 Apartment. "Apartment" means a room, or suite of two or more , occupied or suitable for occupancy as a dwelling unit for one-family. (Ord. 136 § 2.06, 1974) 17.04.050 Basement. "Basement" means the story or floor of a building immediately below the story or floor which contains the main entrance to the building. Additional stories or below the basement shall be termed "first subbasement, second subbasement, etc.," in an order which descends with the floors. (Ord. 136 § 2.10, 1974) 17.04.060 Block. "Block" means a parcel of land containing lots described as a block in a plat of Ocean Shores. (Ord. 136 § 2.11, 1974) 17.04.070 Boardinghouse, lodging house or rooming house. "Boardinghouse," "lodging house" or "rooming house" means a building or portion thereof, other than hotel, where lodging and/or meals for five or more persons, but not more than twenty persons, are provided for compensation and without individual cooking facilities. (Ord. 136 § 2.14, 1974) 17.04.075 Building. "Building" means a structure having a and intended for the shelter, housing or enclosure of any person, animal or chattel. When any portion thereof is completely separated from every other portion by a masonry division or firewall without any , or other opening therein, which will extend from the ground to the upper surface of the roof at every point, then each such portion shall be deemed to be a separate building. (Ord. 136 § 2.15, 1974) 17.04.080 Building coverage. "Building coverage" means that percentage of the total area of a lot which is covered by the principal and accessory . (Ord. 136 § 2.18, 1974) 17.04.085 Building height. "Building height" means the vertical distance from the grade to the highest point of the coping of

Page 5 of 74 Ordinance No. a flat roof, or to the line of a mansard roof, or to the average height of the highest gable of a pitch or hip roof. (Ord. 136 § 2.16, 1974) 17.04.090 Building line. The line facing the front lot line is the front building line. The line facing the side of the lot is the side building line. The line facing the rear of the lot is the rear building line. (Ord. 136 § 2.19, 1974) 17.04.095 Building, main. "Main building" means the principal building or other structure on a lot or site used to accommodate the primary use to which the premise is devoted. (Ord. 136 § 2.17, 1974) 17.04.100 Building officer. "Building officer" means the building officer of the city. (Ord. 136 § 2.20, 1974) 17.04.105 Business or commerce. "Business" or "commerce" means the purchase, sale, offering for sale, or other transaction involving the handling or disposition of any article, service, substance or commodity for livelihood or profit, or the management or occupancy of an office building, office, recreational or amusement enterprises; or the maintenance and the use of buildings, offices, structures or premises by professions or trades offering services. (Ord. 136 § 2.21, 1974) 17.04.110 Carport. "Carport" means a covered space for the housing, primarily, of motor and enclosed on not more than two sides by , screens, cabinets or other type of enclosures. (Ord. 136 § 2.22, 1974) 17.04.112 Child Care Center. "Child care center" means the same as a "child day care center" or a facility providing regularly scheduled care for a group of children one month of age through twelve years of age for periods less than twenty-four hours. 17.04.115 Church. "Church" means an establishment for the principal purpose of religious worship for which the main building or other structure contains the sanctuary or principal place of worship and including accessory uses in the main building or in separate buildings or structures including Sunday school rooms and religious education classrooms, assembly rooms, , library or reading room, recreation , and one-family dwelling unit and residence on site for nuns and clergy, but excluding day care nurseries and facilities for training of religious orders. (Ord. 136 § 2.23, 1974) 17.04.120 Classification. "Classification" means a use category in the broad list of land uses in which certain uses, either individually or as to type, are identified as possessing similar characteristics or performance standards and are permitted as compatible uses in the same zone or classification. A classification, as the term is employed in this title, includes provisions, conditions and requirements related to the location of uses. (Ord. 136 § 2.25, 1974)

Page 6 of 74 Ordinance No. 17.04.125 Clinic. "Clinic" means a building or portion thereof containing offices for the provision for services of the practice of the healing arts, for outpatients only. (Ord. 136 § 2.24, 1974) 17.04.130 Commission. "Commission" means the Ocean Shores planning commission. (Ord. 136 § 2.26, 1974) 17.04.135 Conditional use. "Conditional use" means a use listed among those classified in any given zone but permitted to locate only after review by the hearing examiner and the granting of a conditional use permit imposing such performance standards as are contained in the title to make the conditional use compatible with other permitted uses in the same vicinity and zone. (Ord. 714 § 4, 2001; Ord. 136 § 2.27, 1974) 17.04.140 Conditional use permit. "Conditional use permit" means the documented evidence of authority granted by the hearing examiner to locate a conditional use at a particular location. (Ord. 714 § 5, 2001; Ord. 136 § 2.28, 1974) 17.04.145 Council. "Council" means the Ocean Shores city council. (Ord. 136 § 2.29, 1974) 17.04.150 Development regulations. "Development regulations" or "regulation" means the controls placed on development or land use activities by the City, including, but not limited to, zoning ordinances, critical areas ordinances, shoreline master programs, official controls, planned unit development ordinances, subdivision ordinances, and binding site plan ordinances together with any amendments thereto. A development regulation does not include a decision to approve a project permit application, as defined in RCW 36.70B.020, even though the decision may be expressed in a resolution or ordinance of the legislative body of the county or city.

17.04.155 Dwelling. "Dwelling" means a building designed exclusively for residential purposes, including one-family, two-family and multiple dwellings, but not including hotel or motel units designed for short-term occupancy. (Ord. 136 § 2.31, 1974) 17.04.160 Dwelling, multiple. "Multiple dwelling" means a building designed exclusively for occupancy by three or more families living separately from each other, and containing three or more dwelling units. (Ord. 136 § 2.32(c), 1974) 17.04.165 Dwelling, one-family. "One-family dwelling" means a detached building designed exclusively for occupancy by one family and containing one dwelling unit. (Ord. 136 § 2.32(a), 1974) 17.04.170 Dwelling, two-family. "Two-family dwelling" means a building designed exclusively for occupancy by two families

Page 7 of 74 Ordinance No. living separately from each other, and containing two dwelling units. (Ord. 136 § 2.32(b), 1974) 17.04.175 Dwelling unit. "Dwelling unit" means one or more rooms designed for one family for living and sleeping purposes and containing complete housekeeping facilities for one family. All rooms comprising a dwelling unit shall have access through an interior door to other parts of the dwelling unit. (Ord. 136 § 2.33, 1974) 17.04.180 Dwelling unit, accessory. “Accessory Dwelling Unit” means a dwelling unit that has been added onto, created within, or separated from a single-family detached dwelling for use as a complete independent living unit with provisions for cooking, eating, sanitation, and sleeping.

17.04.185 Equipment, heavy duty. "Heavy duty equipment" means high capacity mechanical devices for moving earth or other materials, mobile power units including, but not limited to carryalls, graders, loading and unloading devices, cranes, drag lines, trench diggers, tractors, augers, concrete mixers and conveyors, and similar devices operated by mechanical power as distinguished from manpower. (Ord. 136 § 2.35, 1974) 17.04.190 Family. "Family" means an individual or two or more persons related by blood or marriage, or a group of not more than five persons not related by blood or marriage, living together as a single housekeeping unit and occupying a dwelling unit. (Ord. 136 § 2.36, 1974) 17.04.192 Family home child care. "Family home child care" means a facility licensed to provide direct care, supervision and early learning opportunities for twelve or fewer children, in the home of the licensee where the licensee resides and is the primary provider.

17.04.195 Fence. A "fence" is a structure or planting intended to reduce or obstruct visual and/or physical access, restrain children or pets, and/or to protect property. No structure or planting under two feet high shall be considered a fence. (Ord. 136 § 2.37, 1974) 17.04.200 Fence, sight-obscuring. "Sight-obscuring fence" means a fence which is constructed or planted in such a fashion as to cause eighty percent or more opaqueness at any angle of view through such fence. (Ord. 136 § 2.38, 1974) 17.04.210 Floor area. "Floor area" means the area included within the surrounding walls of a building (or portion thereof), exclusive of vent shaft, court and garage. (Ord. 136 § 2.40, 1974) 17.04.215 Garage, private. "Private garage" means an accessory building or an accessory portion of a main building

Page 8 of 74 Ordinance No. designed and/or used for shelter or storage of automobiles, boats, and/or any other vehicles owned or operated by the occupants of the main building, and in which no occupation for profit is carried on. (Ord. 136 § 2.41, 1974) 17.04.220 Garage, public. "Public garage" means a building other than a private garage used for the care and repair of motor vehicles, or where such vehicles are parked or stored for compensation, hire or sale. (Ord. 136 § 2.42, 1974) 17.04.225 Grade, established. "Established grade" means the centerline of road grade established by the city. (Ord. 136 § 2.43, 1974) 17.04.230 Grade, finished. "Finished grade" means the elevation of the soil just after the completion of construction or alteration on, in, or near such soil. (Ord. 136 § 2.44, 1974) 17.04.235 Grade, original. "Original grade" means the elevation of the soil existing just prior to the beginning of construction or alteration taking place in, on, or near such soil. (Ord. 136 § 2.45, 1974) 17.04.240 Guest room. "Guest room" means a room which is designed to be used by one or more guests, but in which no provision is made for cooking, and not including rooms in used for sleeping purposes. (Ord. 136 § 2.46, 1974) 17.04.241 Hazardous waste. "Hazardous waste" means all dangerous and extremely hazardous waste as defined in RCW 70.105.010(15), or its successor, except for moderate risk waste as set forth in RCW 70.105.010(17), or its successor. (Ord. 477 § 1 (part), 1989) 17.04.241.5 Hazardous waste storage. "Hazardous waste storage" means the holding of hazardous waste for a temporary period, as regulated by the State Dangerous Waste Regulations, WAC Chapter 173-303 or its successor. (Ord. 477 § 1 (part), 1989) 17.04.242 Hazardous waste treatment. "Hazardous waste treatment" means the physical, chemical, or biological processing of hazardous waste for the purpose of rendering these wastes non-dangerous or less dangerous, safer for transport, amenable for energy or material resource recovery, amenable for storage, or reduced in volume, as regulated by the State Dangerous Waste Regulations, WAC Chapter 173-303 or its successor. (Ord. 477 § 1 (part), 1989) 17.04.243 Hazardous waste treatment and storage facility, off-site. "Off-site hazardous waste treatment and storage facility" means treatment and storage facilities which treat and store hazardous wastes generated on a property other than those on which the off- site facilities are located. (Ord. 477 § 1 (part), 1989)

Page 9 of 74 Ordinance No. 17.04.244 Hazardous waste treatment and storage facility, on-site. "On-site hazardous waste treatment and storage facility" means treatment and storage facilities which treat and store hazardous wastes generated on the same property. (Ord. 477 § 1 (part), 1989) 17.04.245 Home occupation. "Home occupation" means a use customarily conducted within a home environment which is conducted entirely within the confines of the operator’s residence or private garage (except for children’s outdoor play space) and which is clearly incidental or secondary to the use of the dwelling for dwelling purposes and does not change the character of the dwelling. (Ord. 361 § 1, 1983: Ord. 136 § 2.47, 1974) 17.04.250 Hospital. "Hospital" means an establishment which provides sleeping and eating facilities to persons receiving medical, obstetrical or surgical care and nursing service on a continuous basis. (Ord. 136 § 2.48, 1974) 17.04.255 Hotel. "Hotel" means a building or portion thereof in which there are six or more guest rooms where lodging with or without meals is provided for compensation and where no provision is made for cooking in any individual room or suite. (Ord. 136 § 2.49, 1974) 17.04.260 Junkyard. "Junkyard" means a place where waste, discarded or salvaged materials are bought, sold, exchanged, stored, baled, cleaned, packed, disassembled or handled, including auto wrecking yards, house wrecking yards, used-lumber yards, and yards for use of salvaging house wrecking and structural steel material and equipment. (Ord. 136 § 2.50, 1974) 17.04.265 Kennel. "Kennel" means an establishment for the breeding or boarding of dogs. (Ord. 136 § 2.51, 1974) 17.04.270 Landscaping. "Landscaping" means the addition of, or retention of existing, plant materials (grass, groundcover, annuals, perennials, shrubs, vines and trees), landscape light fixtures, trash receptacles, benches, fountains and other street and including paving or decking used for ornamental purposes to areas of a lot not devoted to structures, parking or driveways.

17.04.275 Livestock. "Livestock" means horses, bovine animals, sheep, goats, swine, reindeer, donkeys and mules. (Ord. 136 § 2.52, 1974) 17.04.280 Loading, off-street. "Off-street loading" means an off-street space or berth on the same lot with a principal building for the parking of a vehicle while loading or unloading merchandise and which has direct access from a public street or alley. (Ord. 136 § 2.54, 1974)

Page 10 of 74 Ordinance No. 17.04.285 Lot. "Lot" means a parcel of land used or capable of being used under the regulations of this title, including both the building site and all required yards and open spaces. A "lot" need not necessarily coincide with the "lot of record" which refers to land designated as a separate and distinct parcel on a legally recorded subdivision plat or in a legally recorded deed filed in the records of the county. (Ord. 136 § 2.55, 1974) 17.04.290 Lot area. "Lot area" means the total horizontal area within the lot lines of a lot. (Ord. 136 § 2.56, 1974) 17.04.295 Lot, corner. "Corner lot" means a lot bounded on two or more sides by street lines, provided that the interior angle of intersection or interception of said street lines does not exceed one hundred thirty-five degrees. (Ord. 136 § 2.57, 1974) 17.04.300 Lot depth. "Lot depth" means the sum of all sidelines divided by two. (Ord. 136 § 2.64, 1974) 17.04.305 Lot, interior. "Interior lot" means a lot other than a corner lot or a reverse corner lot. (Ord. 136 § 2.58, 1974) 17.04.310 Lot, key. "Key lot" means the first lot to the rear of a reverse corner lot, whether or not separated by an alley. (Ord. 136 § 2.59, 1974) 17.04.315 Lot line, front. "Front lot line" means the line parallel to the right-of-way and consistent with the adjoining lots in the same block. (Ord. 136 § 2.61, 1974) 17.04.320 Lot line, rear. "Rear lot line" means the line farthest from the right-of-way and generally parallel to the front line. (Ord. 136 § 2.62, 1974) 17.04.325 Lot line, side. "Side lot line" means the line generally at right angles to the front lot line and extending to the rear lot line. (Ord. 136 § 2.63, 1974) 17.04.330 Lot, reverse corner. "Reverse corner lot" means a corner lot, the side street line of which is substantially a continuation of the front lot line of the lot upon which the rear of such corner lot abuts. (Ord. 136 § 2.60, 1974) 17.04.335 Lot width. "Lot width" means the sum of front and rear lot lines divided by two. (Ord. 136 § 2.65, 1974) 17.04.345 Manager. "Manager" means the city manager. (Ord. 136 § 2.69, 1974)

Page 11 of 74 Ordinance No. 17.04.347 Manufactured home. "Manufactured home" refers to a factory-built, single-family structure manufactured in accordance with the Construction and Safety Standards Act of 1974 and with Department of Housing and Urban Development (HUD) manufactured housing standards. This constitutes a national, preemptive building code. (Ord. 759 § 3 (part), 2003) 17.04.355 Mayor. "Mayor" means the mayor of the city. (Ord. 136 § 2.68, 1974) 17.04.360 Mobile home. "Mobile home" means a factory-built dwelling built before June 15, 1976, to standards other than the National Manufactured Housing Construction and Safety Standards Act of 1974 and acceptable under applicable state codes in effect at the time of construction or introduction of the home into this state. (Ord. 759 § 2 (part), 2003: Ord. 136 § 2.70, 1974) 17.04.365 Modular home. "Modular home" means a dwelling unit constructed according to the State Department of Labor and Industries specifications for factory-built , which is a national, preemptive building code, and transported to the site where it is to be used. A structure may be transported in one or more pieces, but the structure is designed to be transported only once. For purposes of this title, a modular home shall be considered equivalent to a traditional site-built home. (Ord. 759 § 2 (part), 2003: Ord. 136 § 2.71, 1974) 17.04.370 Motel. "Motel" means an individual building or group of attached or detached buildings containing guest rooms together with conveniently located parking space on the same lot which are designed, used or intended to be used for the accommodation of transients. The term includes auto courts, motor lodges and tourist courts. (Ord. 136 § 2.72, 1974) 17.04.371 Non-accessory structures. "Non-accessory structure" means a shed-type structure, boat dock, steps, detached deck, fence, or other minor construction as defined in Section 19.04.150 of this code (adopting by reference WAC 197-11-800), which is independent of any principal structure, and which may be erected on undeveloped real property within the city limits. For the purposes of this section, undeveloped real property is defined as real property, which does not contain a principal structure as defined in Section 17.04.441 of this code. (Ord. 692 § 1, 2000) 17.04.371.5 New manufactured home. "New manufactured home" means any manufactured home required to be titled under Revised Code of Washington, Title 46, which has not been previously titled to a retail purchaser, and is not a "used mobile home" as defined in RCW 82.45.032(2). (Ord. 791 § 2 (part), 2005) 17.04.375 Nonconforming building. "Nonconforming building" means a building, or portion thereof, which was lawfully erected or altered and maintained but which, because of the application of this title, no longer conforms to the regulations of the zone in which it is located as defined by this title. (Ord. 136 § 2.73, 1974)

Page 12 of 74 Ordinance No. 17.04.380 Nonconforming use. "Nonconforming use" means a use which was lawfully established and maintained but which, because of the application of this title, no longer conforms to the use regulations of the zone in which it is located as defined by this title. (Ord. 136 § 2.74, 1974) 17.04.402 Park trailer. "Park trailer" means a park trailer as defined in the American National Standards Institute A119.5 standard for park trailers. (Ord. 759 § 3 (part), 2003) 17.04.405 Parking area, private. "Private parking area" means an open area, other than a street, alley or other public property, limited to the parking of automobiles of occupants of a dwelling, hotel, motel, apartment house, boardinghouse or lodging house to which these facilities are appurtenant. (Ord. 136 § 2.79, 1974) 17.04.410 Parking area, public. "Public parking area" means an open area, other than a street, or private parking space as defined in Section 17.04.405, whether publicly or privately owned, which is used for the parking of more than four vehicles. (Ord. 136 § 2.80, 1974) 17.04.415 Parking space. "Parking space" means space within a public or private parking area, or within a parking building, used for the temporary parking or storage of one motor vehicle. (Ord. 136 § 2.81, 1974) 17.04.420 Permitted use. "Permitted use" means those uses which are permitted to locate in a district as a matter of right as listed and explained in this title. (Ord. 136 § 2.82, 1974) 17.04.425 Planned development. "Planned development" is one which stays within the density requirements of the area in which it is located for the overall project while allowing a degree of latitude in describing individual lot sizes and which also has a percentage of its gross area devoted to recreational development or open space uses. (Ord. 136 § 2.83, 1974) 17.04.430 Planner, or City Planner. “Planner” or “City Planner” means the department and or individual staff member or members employed by the City and designated with responsibility for administration of the Zoning Code by the City Manager.

See definition of Development Regulations

17.04.441 Principal structure. "Principal structure" means a structure which or contains a permitted use allowed by any of the following sections or subsections: 17.16.020, 17.18.020(A), 17.20.020(A), 17.22.020(A), 17.24.020(A), 17.26.020(A), 17.28.020(A), 17.30.020(A), 17.32.020(A), 17.34.020(C), 17.34.020(D), 17.34.020(E), 17.36.020(A), 17.36.020(B), and 17.36.020(C). (Ord. 255 § 2,

Page 13 of 74 Ordinance No. 1978) 17.04.450 Profession. "Profession" is an occupation involving the dispensation of a service which involves either some skill or knowledge, or which requires connections to other businesses not easily or readily available to the general public (examples are doctors, lawyers, architects, financial services, stockbrokers, detective agencies, engineers, etc.). A distinction is made between purveyors of professions and purveyors of merchandise or repair of articles. (Ord. 136 § 2.88, 1974) 17.04.455 Professional offices. "Professional offices" are offices maintained and used as places of business for those who practice professions as defined in Section 17.04.450. No overnight care or visitation is considered in this definition and any professional office may be considered as a home occupation provided that the criteria of the definition of "home occupation" are met along with the regulations pertaining to the same. (Ord. 136 § 2.89, 1974) 17.04.460 Projection. "Projection" means eaves, cornices, platforms, , or any types of structure attached to and extending from the main building. (Ord. 136 § 2.90, 1974) 17.04.465 Reclassification of property. "Reclassification of property" means a change in zone boundaries upon a zoning map, which map is a part of this title when adopted in the manner prescribed by law. (Ord. 136 § 2.91, 1974) 17.04.470 Recorded. "Recorded," unless otherwise stated, means filed for purpose of record with the auditor of Grays Harbor County. (Ord. 136 § 2.92, 1974) 17.04.475 Recreational vehicle. "Recreational vehicle" is defined as follows: A. Any motorized vehicle designed primarily for camping or temporary living of any kind; B. Any non-motorized vehicle or trailer which has one or more wheels and which is primarily designed for camping or other temporary living; C. Any camper or other unit not a vehicle or trailer itself which is primarily designed to be attached to a vehicle or trailer as described above, for camping or other temporary living purposes; D. The above definitions shall include but not be limited to motor homes, boats and boat trailers, camping trailers, tent trailers and pickup camping units, all of which may be of any size or description. Provided that, the definition of recreational vehicle provided in the R6A zone shall apply when the recreational vehicle is the primary structure and use on the property.

17.04.480 Recreational Vehicle Park and campground. "Recreational Vehicle Park and campground" means any tract of land divided into lots or spaces, under the ownership or management of one person, firm or corporation for the purpose of

Page 14 of 74 Ordinance No. locating three or more recreational vehicles for nightly or short-term use. (Ord. 759 § 2 (part), 2003: Ord. 136 § 2.94, 1974) 17.04.490 Rest home, convalescent home, guest home or home for the aged. "Rest home," "convalescent home," "guest home," or "home for the aged" means a home operated similarly to the boardinghouse but not restricted to any number of guests or guest rooms, the operator of which is licensed by the state or county to give special care and supervision to his or her charges, and in which nursing, dietary and other personal services are furnished to convalescents, invalids and aged persons, and in which homes are performed no surgery, maternity or other primary treatments such as are customarily provided in sanitariums or hospitals. (Ord. 136 § 2.96, 1974) 17.04.495 Screened. "Screened" means concealed or cut off from visual access. (Ord. 136 § 2.97, 1974) 17.04.500 Service station, automotive. "Automotive service station" means a building or premises where fuel, oil, batteries, tires and automotive accessories may be sold and routine automotive servicing and parts replacement are performed; however, tire recapping, major repair or body work, painting, welding, auto wrecking, and motor overhaul are specifically excluded. (Ord. 136 § 2.98, 1974) 17.04.505 Single-family residence. "Single-family residence" means a detached building designed exclusively for occupancy by one family and containing one dwelling unit. 17.04.525 Story. "Story" means that portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the top story shall be that portion of a building included between the upper surface of the top floor and the above. If the finished floor level directly above a basement is more than six feet above the finished grade, such basement shall be considered a story. (Ord. 136 § 2.103, 1974) 17.04.530 Story, half. "Half story" means a space under a sloping roof which has the line of intersection of roof decking and exterior not more than four feet above the top floor level. A half story containing one or more independent dwelling units shall be counted as a full story. (Ord. 136 § 2.104, 1974) 17.04.535 Street grade and right-of-way. "Street grade and right-of-way" means the officially established street grade or right-of-way lines upon which a lot fronts. (Ord. 136 § 2.106, 1974) 17.04.540 Street or road. "Street" or "road" means a public thoroughfare or right-of-way which affords the principal means of access to abutting property. (Ord. 136 § 2.105, 1974) 17.04.545 Structural alteration. "Structural alteration" means any change to the supporting members of a building including foundations, bearing walls or partitions, , beams or girders, or any structural change in

Page 15 of 74 Ordinance No. the roof. (Ord. 136 § 2.108, 1974) 17.04.550 Structure. "Structure" means anything built or erected above or below ground, affixed to the ground, or attached to something fixed to the ground (see "building"). (Ord. 136 § 2.107, 1974) 17.04.555 Tower. "Tower" means a portion of a building that is higher than the remainder of the building, or a tall structure of small dimension separate from the building it accompanies such as the campanile of a church. (Ord. 136 § 2.109, 1974) 17.04.560 Trailer park, trailer court and public trailer camp. For definitions of "trailer park," "trailer court" and "public trailer camp," see Section 17.04.480, "Recreational vehicle park and campground.” (Ord. 136 § 2.111, 1974) 17.04.565 Trailer, travel. A "travel trailer" is a type of "recreational vehicle" as defined in Section 17.04.475. (Ord. 759 § 2 (part), 2003: Ord. 136 § 2.110, 1974) 17.04.567 Transient rental. "Transient rental" means the rental or lease for a consideration or forbearance of a dwelling for thirty days or less. (Ord. 555 § 5(D), 1993) 17.04.570 Use. "Use" means the nature of the occupancy, the type of activity, or the character and form of improvements to which land is devoted or may be devoted. (Ord. 136 § 2.112, 1974) 17.04.575 Variance. "Variance" means an adjustment in the application of the specific regulations of this title to a particular piece of property, which property, because of special circumstances applicable to it, is deprived of privileges commonly enjoyed by other properties in the same vicinity and zone and which adjustment remedies such disparity in privileges. (Ord. 136 § 2.113, 1974) 17.04.580 Vehicle. "Vehicle" means any contrivance in or on which persons or things may be contained, carried or conveyed, whether in motion or standing, and includes recreational vehicles as defined in Section 17.04.475, whether or not fixed or fitted with wheels or runners. (Ord. 136 § 2.114, 1974) 17.04.585 Yard. "Yard" means an open space, other than a court, unoccupied and unobstructed from the ground upward, except for certain exceptions specified in this title. In measuring a yard, as hereinafter provided, the "line of a building" means a line parallel to or concentric with the nearest lot line drawn through the point of a building or building group nearest to such lot line, and the measurement shall be taken from the line of the building to the nearest lot line. (Ord. 136 § 2.115, 1974) 17.04.590 Yard, front. "" means a yard extending the full width of the site and measured as to depth at the

Page 16 of 74 Ordinance No. least horizontal distance between the street right-of-way line and the exterior wall. (Ord. 136 § 2.116, 1974) 17.04.595 Yard, rear. "Rear yard" means a yard which extends the full width of the site, measured as to depth at the least horizontal distance between the rear lot line and exterior wall. (Ord. 136 § 2.117, 1974) 17.04.600 Yard, side. "Side yard" means a yard which extends from the front yard, or front lot line where no front yard exists, to the rear yard, or rear lot line where no rear yard exists, and measured as to width at the least horizontal distance between the side lot line and the exterior wall. (Ord. 136 § 2.118, 1974) 17.04.605 Zone. "Zone" means an area accurately defined as to boundaries and location, and classified by this title as available for certain types of uses and within which other types of uses are excluded. (Ord. 136 § 2.119, 1974) Chapter 17.06 ADMINISTRATION—CONSTRUCTION—REZONE Sections: 17.06.010 Application of regulations. 17.06.020 Interpretation of district boundaries. 17.06.030 Interpretation of the code. 17.06.040 Clarification. 17.06.050 Interpretation of permitted uses. 17.06.060 Interpretation of conditional uses. 17.06.070 Application forms. 17.06.080 Refiling of applications. 17.06.090 Records. 17.06.100 Filing fees. 17.06.110 Continued public hearing. 17.06.120 Occupancy certificate. 17.06.010 Application of regulations. The regulations set by this title within each district shall be minimum regulations and shall apply uniformly to each class or kind of structure or land, and particularly, except as hereinafter provided: A. No building, structure or land shall hereafter be used or occupied and no building shall be reconstructed, moved or structurally altered except in conformity with all of the herein specified for the district in which it is located, except as provided in Chapter 17.48, Nonconformities. B. No building or other structure shall hereafter be erected or altered to exceed height or volume limitations, or to accommodate or house a greater number of families than allowed, or to occupy a greater percentage of lot area than allowed, or to have narrower or smaller rear yard, front yard, side yard or other open spaces than are allowed by this title. C. No yard or lot existing at the time of passage of the ordinance codified in this title shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after the effective date of the ordinance codified in this chapter shall meet at least the

Page 17 of 74 Ordinance No. minimum requirements established by this title. D. All territory which may hereafter be annexed to the city shall be zoned prior to final annexation. (Ord. 136 § 4.01, 1974) 17.06.020 Interpretation of district boundaries. Where an uncertainty exists as to the boundaries of districts as shown on the official zoning map the following rules shall apply: A. Boundaries indicated as approximately following the centerlines of streets, highways or alleys shall be construed to follow such centerlines. B. Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines. C. Boundaries indicated as approximately following the city limits shall be construed as following such city limits. D. In circumstances not covered by subsections A through C of this section, provisions of section17.06.040 shall be used to make a final determination. (Ord. 714 § 6, 2001; Ord. 136 § 4.02, 1974) 17.06.030 Interpretation of the code. In interpreting and applying the provisions of this title, they shall be held to be minimum requirements adopted for the promotion of the public health, safety and general welfare. Except as specifically herein provided, it is not intended by this title to repeal, abrogate, annul or in any way to impair or interfere with any existing provisions of law, regulation or permit previously adopted or issued, or which shall be adopted or issued pursuant to law, relating to the use of buildings or land or relating to the erection, construction, establishment, moving, alteration or enlargement of any building or improvement, nor is it intended to interfere with or abrogate or annul any easement, covenant or other agreement between parties, provided that whenever this title imposes greater restriction upon the erection, construction, establishment, moving, alteration or enlargement of buildings, or the use of any building, or of any land in any of the districts established by this title, than are imposed or required by such existing provisions of law or regulations, or permits, or easements, or covenants, or agreements, then the provisions of this title shall control. Chapter and section headings contained herein shall not be deemed to govern, limit, modify or in any manner affect the scope, meaning or intent of any section of this title. (Ord. 136 § 4.04, 1974) 17.06.040 Clarification. It is the intent of this title that all questions of interpretation and enforcement shall be first presented to the city planner, and that such questions shall be presented to the hearing examiner only on appeal from the decision of the city planner, and that recourse from the decisions of the hearing examiner shall be to the courts as provided by law. (Ord. 714 § 7, 2001; Ord. 611, 1997; Ord. 136 § 4.05, 1974) 17.06.050 Interpretation of permitted uses. A. Permitted uses are allowed as a matter of right subject to compliance with all applicable general and use specific regulations and standards.

Page 18 of 74 Ordinance No. B. The listed "permitted uses" are intended as examples of permitted uses rather than an exhaustive list. Where a person applies for a use not specifically listed in the "permitted uses," the city planner will determine whether the use applied for may be considered a permitted use. Such determination shall be based upon the written purpose of the zone, the similarity of the use applied for to the listed permitted, conditional and prohibited uses in the zone and the relevant provisions of the comprehensive plan. Appeals to such determination by the planning director or in his absence the city manager or his designee may be made to the hearing examiner. See Chapter 17.58 for the appeal procedure and rules pertaining thereto. (Ord. 714 § 8, 2001; Ord. 611, 1997; Ord. 136 § 4.06, 1974) 17.06.060 Interpretation of conditional uses. A. Conditional uses are those which may be permitted to locate in a given district only after hearing and approval of a conditional use permit by the hearing examiner. The hearing examiner may deny permission to locate a conditional use, or it may approve the application with certain conditions. Such conditions may be derived from the contents of the "intent" section for the district and the "conditional use criteria" section for the district. B. The listed "conditional uses" are intended as examples rather than as an exhaustive listing. When a person applies for a conditional use permit for a use not specifically listed in the "conditional use" section, the hearing examiner will determine whether the use applied for may be considered an appropriate conditional use for the particular district. Such determination shall be based upon the "intent" section of the zone, the conditional use criteria in Section 17.51, the similarity of the use applied for to the listed permitted, conditional and prohibited uses in the zone and relevant provisions of the Comprehensive Plan. (Ord. 714 § 9, 2001; Ord. 136 § 4.07, 1974) 17.06.070 Application forms. The city planner shall prescribe the form and information required for rezoning applications. The city planner shall prescribe the form and information required on variance applications, appeals of administrative decisions and conditional use applications. No application shall be accepted unless it complies with such requirements and is verified under oath as to the truthfulness and correctness of information given by the applicant. (Ord. 714 § 10, 2001; Ord. 136 § 11.01, 1974) 17.06.080 Refiling of applications. Upon final action denying an application for a change of zone, variance or conditional use permit, the city planner shall not accept further filing of an application for substantially the same property involving substantially the same use within one year from the date of denial, unless new evidence is submitted. (Ord. 611, 1997; Ord. 136 § 11.02, 1974) 17.06.090 Records. A. The city planner shall cause to be kept a brief minute record of all proceedings of the planning commission, excepting sessions scheduled as a separate agenda item. Such record, applications, written orders or motions showing the action and the reasons therefore, and evidence of notice and other exhibits shall become part of the records. B. The hearing examiner shall prescribe record-keeping procedures which shall be in sufficient detail to provide for a detailed transcript satisfactory to serve as court evidence. Such record of meetings need not be kept for more than one year and no portion need be transcribed unless an

Page 19 of 74 Ordinance No. appeal is filed and such transcript is requested by the city attorney. A file shall be maintained for each variance application, and the application and any exhibits and correspondence shall become part of the file and the record. Each file shall, after conclusive action, include a brief record of the findings, action and any other information deemed necessary to maintain historical record. (Ord. 714 § 11, 2001; Ord. 611, 1997; Ord. 136 § 11.03, 1974) 17.06.100 Filing fees. Applications for the following shall be accompanied by the fee established for that type of application by resolution of the City Council: Change of zone, Variance, Conditional use permit, Special district rezone, and other hearings as established by city ordinance. (Ord. 560 § 1, 1993: Ord. 540 § 1, 1992: Ord. 517 § 1, 1991: Ord. 326, 1981: Ord. 216 § 2, 1977: Ord. 136 § 11.04, 1974) 17.06.110 Continued public hearing. If, for any reason, testimony on any matter set for public hearing, or being heard, cannot be completed on the date set for such hearing, the person presiding at such public hearing or meeting may, before adjournment or recess of such matters under consideration, publicly announce the time and place to, and at which, the hearing or meeting will be continued and no further notice is required. (Ord. 136 § 11.05, 1974) 17.06.120 Occupancy certificate. A. To assure compliance with the provisions of this title, a certificate of occupancy shall be obtained from the building officer before any multiple dwelling or commercial building is initially occupied or used, or before any building which has been structurally altered or enlarged is reoccupied or used, or before any change in or addition to the use of a building or premises is made. B. If the subject requiring a certificate of occupancy is also required to secure a building permit, such required certificate may constitute a separately identified part of such permit, and shall be approved by the building officer as conforming before any building permit, business license or other evidence of authority required by law may be issued. Each certificate of occupancy shall be issued upon application signed by the authorized applicant, and shall contain a correct statement of the use intended to be established and such certificate shall be issued only if the declared use conforms to the provisions of this title. No license or permit in conflict with the provisions of this title shall be issued, and if issued, any such license or permit shall be null and void. (Ord. 136 § 11.06, 1974) Chapter 17.08 ZONING DISTRICTS Sections: 17.08.010 Zoning districts. 17.08.010 Zoning districts. A. The city is divided into zoning districts. Such districts shall be shown on the official zoning map, and the intent and requirements of each district are set forth in this title. For the purposes of this title the city is divided and classified into the following zoning districts: R-1 Zone, Single-Family Residential—See Chapter 17.16 R-2 Zone —See Chapter 17.18

Page 20 of 74 Ordinance No. R-3 Zone Triplex—See Chapter 17.20 R-4 Zone Fourplex—See Chapter 17.22 R-5 Zone Fiveplex and Sixplex—See Chapter 17.24 R-6A Zone Recreational Vehicle and Trailer—See Chapter 17.25 R-6B Zone Mobile Home and Manufactured Home—See Chapter 17.26 R-6C Zone Manufactured Home—Double-wide or Larger—See Chapter 17.27 R-7 Zone Multifamily Medium Density—See Chapter 17.28 R-8 Zone Multifamily High Density—See Chapter 17.30 R-9 Zone Multifamily Ultra High Density—See Chapter 17.32 B-1 Zone Retail Commercial—See Chapter 17.34 B-2 Zone General Commercial—See Chapter 17.36 B-3 Zone Resort Tourist Commercial—See Chapter 17.37 PR-1 Zone Private Recreational—See Chapter 17.38 PR-2 Zone Public Recreational—See Chapter 17.39

B. In addition, there are special districts. These districts are as follows: OS Open space—See Chapter 17.40 PD Planned development—See Chapter 17.42 RVC Recreational vehicle park and campground—See Chapter 17.46.

Chapter 17.10 SPECIAL DISTRICTS Sections: 17.10.010 Generally. 17.10.020 Procedure for application. 17.10.010 Generally. The special districts are created because of special circumstances relating to land involved, or because special care and review is required to protect the city, the integrity of the comprehensive plan and the public health, safety and welfare. (Ord. 136 § 3.02, 1974) 17.10.020 Procedure for application. A. Developments occurring in the "open space" or "private recreational" districts shall be by permission of the city council only. Developments under the terms of the "planned development," "mobile home and trailer parks," or "recreational vehicle parks and campgrounds" districts shall be by rezone only and the normal rezone procedure will be used. In addition to the rezone procedure, the following regulations will also pertain in cases of proposals for all special districts. B. Application Procedure. The applicant shall submit three copies of the following information to the planning director or in his absence the city manager or his designee: 1. An accurate map drawn to a scale of not less than one hundred feet to the inch showing the boundaries of the site; all streets bounding the site; the proposed location and vertical height of any buildings; proposed public dedications, if any; location and design of parking facilities including points of ingress and egress; topographic map with contours at intervals of not more

Page 21 of 74 Ordinance No. than one foot together with proposed grading, drainage, and landscaping; location of private and common open space. 2. Within thirty days of submittal, the applicant and interested staff shall meet to discuss the proposed development, and a letter written by the city planner shall be transmitted within five days of the meeting to the applicant indicating whether or not the proposal conforms with the comprehensive plan, zoning and subdivision ordinances, and other applicable city regulations. 3. If the applicant wishes to proceed, an appropriate application shall be submitted to the planning director or in his absence the city manager or his designee. The application shall include six copies of the information required above, and a legal description of the property. If the application is approved, or approved subject to conditions by the commission, the plan and any conditions shall be forwarded to the city council for consideration and the rezone or grant of permission shall not become effective until ten days following approval by the city council. (Ord. 714 § 12, 2001; Ord. 611, 1997; Ord. 136 § 3.03, 1974) Chapter 17.12 NEW DISTRICTS Sections: 17.12.010 New district. 17.12.010 New district. The city is not limited in the number of zones that it can establish. As conditions change over time, the city may choose to add further districts to this title by amendment. (Ord. 136 § 3.04, 1974) Chapter 17.14 ZONING MAP* Sections: 17.14.010 Purpose—On file. 17.14.020 Damaged or destroyed map—Procedure. 17.14.030 Applicability of Map to All Land Areas.

17.14.010 Purpose—On file. There is adopted as part of this title an official zoning map. The official zoning map will show the zone classifications or districts into which the city has been divided. The official zoning map shall be on file at the office of the city manager or clerk, and there shall be only one official copy of the map. If, in accordance with this title and Chapter 35A.63 RCW, changes are made in the district boundaries or other matter portrayed on the map, such changes shall be entered promptly on the map after the amendment has been approved by the city council. The map shall bear the signature of the mayor attested the city manager or his designee and the seal of the city. Such attest shall identify the map as an integral and essential part of this title. Copies of the map may be made and distributed as paper copies or digitally however in the event of a discrepancy, the official map on file shall govern. (Ord. 611, 1997; Ord. 136 § 3.05 (part), 1974) 17.14.020 Damaged or destroyed map—Procedure. In the event that the official zoning map becomes damaged, destroyed, lost or difficult to interpret due to the number of changes and additions made upon it, the city council may, by

Page 22 of 74 Ordinance No. resolution, adopt a new map to supersede the old one. A new map may correct errors or omissions in the prior map but no such corrections shall have the effect of amending the prior map. The new map shall be identified and attested in the manner of the prior map and using the following words: "This is to certify that this Official Zoning Map supersedes and replaces the Official Zoning Map as part of this Ordinance No._____ of the City of Ocean Shores, Washington." This statement shall be accompanied by the signature of the mayor attested by the city manager and the seal of the city. Unless otherwise impossible, the prior map and all available records pertaining to its adoption and amendment shall be preserved by the city manager. (Ord. 611, 1997; Ord. 136 § 3.05 (part), 1974) 17.14.030: Applicability of Map to All Land Areas. A. All areas within the city limits shall be deemed to be within a zone. Any land area found or appearing on the map to have not been assigned a zone shall be regulated in accordance with the dominant adjacent zone by the city planner in accordance with the provisions of Section 17.06.020 and 030. B. Where no dominant adjacent zone can be determined, the city planner shall develop a recommendation of an appropriate zone based on the policies of the Comprehensive Plan and Land Use Map. This shall be processed as an amendment to the zoning map as a City proposed amendment in accordance with the provisions of Section 17.51. C. As an alternative to the provisions of “B” above, the owner or owners of such parcels may apply for a zoning map amendment to assign a zone to the parcel in accordance with the provisions of Section 17.51.

Chapter 17.16 R-1 ZONE—SINGLE-FAMILY RESIDENTIAL Sections: 17.16.010 Purpose. 17.16.020 Permitted Uses. 17.16.030 Conditional Uses. 17.16.040 Prohibited Uses. 17.16.050 Density Regulations. 17.16.060 General Regulations. 17.16.070 Regulations for manufactured homes. 17.16.010 Purpose. This district is intended for low-density, detached, single-family dwellings, in order to assure the maximum of light, air, open space, privacy, and the protection of property values. Other uses should only be allowed if they are compatible with these values and consistent with the overall public interest. 17.16.020 Permitted uses. Permitted uses shall be as follows: A. Single-family residences, B. Manufactured homes that conform to the requirements of Section 17.16.070;

Page 23 of 74 Ordinance No. C. Home occupations, subject to Section 17.50.030 of this code; D. Camping, subject to Section 15.12.020 of this code. E. Non-Accessory Structures in compliance with the provisions of Section 17.50.115.

F. Accessory structures as follows: 1. Residential garages and , private , boat docks, private greenhouses, and other uses of a similar and compatible nature, all subject to Section 17.50.110; 2. Fences, walls and hedges subject to Sections 17.50.120 and 17.50.130; 3. Off-street parking subject to Chapter 17.54. 17.16.030 Conditional uses.

The following uses may be allowed in the R-1 zone upon approval of a conditional use permit in accordance with the provisions of Sections 17.52.040 through 17.52.080: A. Public and Semi public uses as provided in Section 17.50.040. B. Resource Extraction as provided in Section 17.50.050.

17.16.040 Prohibited Uses. All uses not specifically listed as permitted or conditional uses in this district are prohibited uses. Provided that the City Planner may determine that a proposed use is substantially similar to a listed permitted use and authorize the use in accordance with the section 17.06.050. Provided further, that uses similar to listed conditional uses may be processed for consideration by the Hearing Examiner pursuant to Section 17.06.060. 17.16. 050 Density Regulations . A. One single family dwelling is allowed per established and recorded lot according to the plats existing as of August 1, 2003 or as legally created thereafter under the provisions of the City Short Plat and Subdivision requirements. B. Subdivisions, short plats, replats and/or boundary line adjustments shall have a minimum lot size of seven thousand two hundred square feet;

17.16.060 General Regulations A. Minimum front yard depth in feet, twenty; B. Minimum side yard depth in feet, five; C. Minimum rear yard depth in feet, twenty-five; D. For corner lots, minimum front depth in feet, twenty; on flanking street(s) minimum yard depth in feet, ten, excepting garages with vehicular entrances fronting on flanking streets shall have a minimum setback in feet, twenty; minimum yard depth from adjacent property in feet, five; E. For irregularly shaped lots: lots that are not generally rectangular shall have yards that most nearly meet the requirements for rectangular lots as determined by the planning director or in his absence the city manager or his designee, but in no case shall the setback be less than five feet from any property line, nor less than twenty-five feet from the apparent rear-most point, nor less than twenty feet from the apparent front-most point. Yards may be tapered to conform to the irregular lines of the lot;

Page 24 of 74 Ordinance No. F. Waterfront setbacks as set forth in Section 17.50.080 of this title; G. Wood, or wood-style, insulated lap, or other nonmetallic-appearing siding is required on primary structures, outbuildings, and accessory structures; and H. All of the general regulations set forth in Chapters 17.50 and 17.54 of this title that do not specifically exclude this district. (Ord. 759 § 7, 2003: Ord. 611, 1997; Ord. 343 § 1, 1982: Ord. 253, 1978: Ord. 136 § 3.06(e), 1974) 17.16.070 Regulations for manufactured homes. Uses and regulations for manufactured homes are as follows: A. The manufactured home shall be a new manufactured home. B. The manufactured home shall be set upon a permanent , as specified by the manufacturer, and the space from the bottom of the home to the ground must be enclosed by concrete or an approved concrete product which can be either load-bearing or decorative. C. The manufactured home shall comply with all local design standards applicable to all other homes within the neighborhood in which the manufactured home is to be located. D. The manufactured home shall be thermally equivalent to the State Energy Code. E. The exterior siding of all primary structures, outbuildings, and accessory or non-accessory structures shall be similar in appearance to siding materials authorized and commonly used on conventional site-built single-family residences in the city. F. The manufactured home shall otherwise meet all other requirements for a designated manufactured home as defined in RCW 35.63.160. (Ord. 793 § 3, 2005: Ord. 791 § 5, 2005) Chapter 17.18 R-2 ZONE—DUPLEX Sections: 17.18.010 Purpose. 17.18.020 Permitted Uses. 17.18.030 Conditional uses. 17.18.040 Prohibited Uses. 17.18.050 Density Regulations. 17.18.060 General Regulations. 17.18.010 Purpose. This district is intended for low-density, single-family and two family dwellings, in order to assure adequate light, air, open space, privacy, and the protection of property values. Other uses should only be allowed if they are compatible with these values and consistent with the overall public interest. 17.18.020 Permitted Uses. Permitted uses shall be as follows: A. All uses permitted in the R-1 Zone. B. Two-family dwellings.

Page 25 of 74 Ordinance No. 17.18.030 Conditional uses.

The following uses may be allowed in the R-2 zone upon approval of a conditional use permit in accordance with the provisions of Sections 17.52.040 through 17.52.080:

A. Public and Semi public uses as provided in Section 17.50.040. B. Resource Extraction as provided in Section 17.50.050. 17.18.040 Prohibited Uses. All uses not specifically listed as permitted or conditional uses in this district are prohibited uses. Provided that the City Planner may determine that a proposed use is substantially similar to a listed permitted use and authorize the use in accordance with the section 17.06.050. Provided further, that uses similar to listed conditional uses may be processed for consideration by the Hearing Examiner pursuant to Section 17.06.060. 17.18.050 Density Regulations. A. One single family dwelling is allowed per established and recorded lot according to the plats existing as of August 1, 2003 or as legally created thereafter under the provisions of the City Short Plat and Subdivision requirements. B. Two family dwellings shall have a minimum lot size of eight thousand square feet per structure. C. Subdivisions, short plats, replats and/or boundary line adjustments shall have a minimum lot size of seven thousand two hundred square feet; 17.18.060 General Regulations. The provisions of Section 17.16.060, General Regulations of the R-1 Zone and Section 17.16.070 Regulations for Manufactured Homes shall also apply in the R-2 Zone.

Chapter 17.20 R-3 ZONE—TRIPLEX

17.20.010 Purpose. 17.20.020 Permitted Uses . 17.20.030 Conditional uses. 17.20.040 Prohibited Uses. 17.20.050 Density Regulations. 17.20.060 General Regulations. 17.20.010 Purpose. This district is intended for moderate density, one, two and three family dwellings, in order to assure adequate light, air, open space, privacy, and the protection of property values while providing affordable housing in the community. Other uses should only be allowed if they are compatible with these values and consistent with the overall public interest. 17.20.020 Permitted Uses. Permitted uses shall be as follows: A. All uses permitted in the R-1 Zone.

Page 26 of 74 Ordinance No. B. Two-family dwellings. C. Three-family dwellings. 17.20.030 Conditional uses.

The following uses may be allowed in the R-3 zone upon approval of a conditional use permit in accordance with the provisions of Sections 17.52.040 through 17.52.080: A. Public and Semi public uses as provided in Section 17.50.040. B. Resource Extraction as provided in Section 17.50.050. 17.20.040 Prohibited Uses. All uses not specifically listed as permitted or conditional uses in this district are prohibited uses. Provided that the City Planner may determine that a proposed use is substantially similar to a listed permitted use and authorize the use in accordance with the section 17.06.050. Provided further, that uses similar to listed conditional uses may be processed for consideration by the Hearing Examiner pursuant to Section 17.06.060. 17.20.050 Density Regulations. A. One single family dwelling is allowed per established and recorded lot according to the plats existing as of August 1, 2003 or as legally created thereafter under the provisions of the City Short Plat and Subdivision requirements. B. Two and three family dwellings shall have a minimum lot size of two thousand eight hundred square feet per dwelling unit per structure. C. Subdivisions, short plats, replats and/or boundary line adjustments shall have a minimum lot size of seven thousand two hundred square feet; 17.20.060 General Regulations. The provisions of Section 17.16.060, General Regulations of the R-1 Zone and Section 17.16.070 Regulations for Manufactured Homes shall also apply in the R-3 Zone.

Chapter 17.22 R-4 ZONE—FOURPLEX Sections: 17.22.010 Purpose. 17.22.020 Permitted Uses. 17.22.030 Conditional Uses. 17.22.040 Prohibited Uses. 17.22.050 Density Regulations. 17.22.060 General Regulations. 17.22.010 Purpose. This district is intended for moderate density, one, two, three and four family dwellings, in order to assure adequate light, air, open space, privacy, and the protection of property values while providing affordable housing in the community. Other uses should only be allowed if they are compatible with these values and consistent with the overall public interest.

Page 27 of 74 Ordinance No. 17.22.020 Permitted Uses. Permitted uses shall be as follows: A. All uses permitted in the R-1 Zone. B. Two-family dwellings. C. Three-family dwellings. D. Four-family dwellings. 17.22.030 Conditional uses.

The following uses may be allowed in the R-4 zone upon approval of a conditional use permit in accordance with the provisions of Sections 17.52.040 through 17.52.080: A. Public and Semi public uses as provided in Section 17.50.040. B. Resource Extraction as provided in Section 17.50.050.

17.22.040 Prohibited Uses. All uses not specifically listed as permitted or conditional uses in this district are prohibited uses. Provided that the City Planner may determine that a proposed use is substantially similar to a listed permitted use and authorize the use in accordance with the section 17.06.050. Provided further, that uses similar to listed conditional uses may be processed for consideration by the Hearing Examiner pursuant to Section 17.06.060. 17.22.050 Density Regulations. A. One single family dwelling is allowed per established and recorded lot according to the plats existing as of August 1, 2003 or as legally created thereafter under the provisions of the City Short Plat and Subdivision requirements. B. Two, three and four family dwellings shall have a minimum lot size of two thousand one hundred square feet per dwelling unit per structure. C. Subdivisions, short plats, replats and/or boundary line adjustments shall have a minimum lot size of seven thousand two hundred square feet; 17.22.060 General Regulations. The provisions of Section 17.16.060, General Regulations of the R-1 Zone and Section 17.16.070 Regulations for Manufactured Homes shall also apply in the R-4 Zone.

Chapter 17.24 R-5 ZONE—FIVEPLEX AND SIXPLEX Sections: 17.24.010 Purpose. 17.24.020 Permitted Uses . 17.24.030 Conditional uses. 17.24.040 Prohibited Uses. 17.24.050 Density Regulations. 17.24.060 General Regulations.

Page 28 of 74 Ordinance No. 17.24.010 Purpose. This district is intended for moderate single and multi-family dwellings, in order to assure adequate light, air, open space, privacy, and the protection of property values while providing affordable housing in the community. Row houses and other similar forms of development may be permitted if the location and design of the development is consistent with the purpose of the district and makes adequate provision for circulation, utilities and protection of the environment. Other uses should only be allowed if they are compatible with these values and consistent with the overall public interest. (Ord. 216 § 1.01, 1977: Ord. 136 § 3.10 (part), 1974) 17.24.020 Permitted Uses. Permitted uses shall be as follows: A. All uses permitted in the R-1 Zone. B. Two family dwellings. C. Multifamily dwellings including three, four, five and six dwellings units per structure. 17.24.030 Conditional uses.

The following uses may be allowed in the R-5 zone upon approval of a conditional use permit in accordance with the provisions of Sections 17.52.040 through 17.52.080: A. Public and Semi public uses as provided in Section 17.50.040. B. Resource Extraction as provided in Section 17.50.050. C. Row house and other common wall residential developments where the underlying land is subdivided to allow ownership of the individual lot and home

17.24.040 Prohibited Uses. All uses not specifically listed as permitted or conditional uses in this district are prohibited uses. Provided that the City Planner may determine that a proposed use is substantially similar to a listed permitted use and authorize the use in accordance with the section 17.06.050. Provided further, that uses similar to listed conditional uses may be processed for consideration by the Hearing Examiner pursuant to Section 17.06.060. 17.24.050 Density Regulations. A. One single family dwelling is allowed per established and recorded lot according to the plats existing as of August 1, 2003 or as legally created thereafter under the provisions of the City Short Plat and Subdivision requirements. B. Two through Six family dwellings shall have a minimum lot size of two thousand one hundred square feet per dwelling unit per structure. C. Subdivisions, short plats, replats and/or boundary line adjustments shall have a minimum lot size of seven thousand two hundred square feet. Provided, that upon approval of a conditional use permit pursuant to 17.24.030,D platting to a minimum of two thousand one hundred square feet per lot may be allowed in conformance with the terms of the conditional use permit and the provisions of Section 17.50.190; 17.24.060 General Regulations. The provisions of Section 17.16.060, General Regulations of the R-1 Zone and Section 17.16.070

Page 29 of 74 Ordinance No. Regulations for Manufactured Homes shall also apply in the R-5 Zone. Chapter 17.25 R-6A ZONE—RECREATIONAL VEHICLE AND TRAILER Sections: 17.25.010 Purpose. 17.25.020 Permitted Uses. 17.25.030 Conditional uses. 17.25.040 Prohibited Uses. 17.25.050 Density Regulations. 17.25.060 General Regulations. 17.25.010 Purpose. This district is intended for low density long-term recreational vehicle and trailer occupancy as single family dwellings in order to assure adequate light, air, open space, privacy, and the protection of property values while providing opportunity for affordable resident and recreational housing. Other uses should only be allowed if they are compatible with these values and consistent with the overall public interest. (Ord. 759 § 8 (part), 2003: Ord. 327 § 1 (part), 1981) 17.25.020 Permitted Uses. Permitted uses shall be as follows: A. All uses permitted in the R-1 Zone. B. Recreation vehicles and single-family trailers less than thirty-five feet in length, including park trailers, 17.25.030 Conditional uses. The following uses may be allowed in the R-6A zone upon approval of a conditional use permit in accordance with the provisions of Sections 17.52.040 through 17.52.080: A. Public and Semi public uses as provided in Section 17.50.040. B. Resource Extraction as provided in Section 17.50.050.

17.25.040 Prohibited Uses. All uses not specifically listed as permitted or conditional uses in this district are prohibited uses. Provided that the City Planner may determine that a proposed use is substantially similar to a listed permitted use and authorize the use in accordance with the section 17.06.050. Provided further, that uses similar to listed conditional uses may be processed for consideration by the Hearing Examiner pursuant to Section 17.06.060. 17.25.050 Density Regulations. A. One recreational vehicle or single family dwelling is allowed per established and recorded lot according to the plats existing as of August 1, 2003 or as legally created thereafter under the provisions of the City Short Plat and Subdivision requirements. B. Subdivisions, short plats, replats and/or boundary line adjustments shall have a minimum lot size of two thousand nine hundred square feet; 17.25.060 General Regulations. The provisions of Section 17.16.060, General Regulations of the R-1 Zone shall also apply in the

Page 30 of 74 Ordinance No. R-6A Zone and the following: A. For purposes of the R-6A zone, “Recreation Vehicle means a vehicular type unit designed primarily for recreational camping or travel use that has its own motive power or is mounted on or towed by another vehicle. The units include travel trailers, fifth wheel trailers, folding camping trailers, truck campers and motor homes. B. No additions may be attached to recreational vehicles or to mobile homes less than thirty-five feet in length. C. Metallic-appearing siding is allowed on primary structures, outbuildings, and accessory structures, as long as the exterior siding is protected with a manufacturer’s guarantee of at least twenty years.

Chapter 17.26 R-6B ZONE—MOBILE HOME AND MANUFACTURED HOME Sections: 17.26.010 Purpose. 17.26.020 Permitted Uses . 17.26.030 Conditional uses. 17.26.040 Prohibited Uses. 17.26.050 Density Regulations. 17.26.060 General Regulations. 17.26.010 Purpose. This district is intended for low density long-term mobile and manufactured home occupancy as single family dwellings in order to assure adequate light, air, open space, privacy, and the protection of property values while providing opportunity for affordable housing. Other uses should only be allowed if they are compatible with these values and consistent with the overall public interest. 17.26.020 Permitted Uses. Permitted uses shall be as follows: A. All uses permitted in the R-1 Zone. B. Single-wide or double-wide single-family mobile homes and manufactured homes. 17.26.030 Conditional uses. The following uses may be allowed in the R-6B zone upon approval of a conditional use permit in accordance with the provisions of Sections 17.52.040 through 17.52.080: A. Public and Semi public uses as provided in Section 17.50.040. B. Resource Extraction as provided in Section 17.50.050. 17.26.040 Prohibited Uses. All uses not specifically listed as permitted or conditional uses in this district are prohibited uses. Provided that the City Planner may determine that a proposed use is substantially similar to a listed permitted use and authorizes the use in accordance with the section 17.06.050. Provided further, that uses similar to listed conditional uses may be processed for consideration by the Hearing Examiner pursuant to Section 17.06.060.

Page 31 of 74 Ordinance No. 17.26.050 Density Regulations. A. One single family dwelling is allowed per established and recorded lot according to the plats existing as of August 1, 2003 or as legally created thereafter under the provisions of the City Short Plat and Subdivision requirements. B. Subdivisions, short plats, replats and/or boundary line adjustments shall have a minimum lot size of seven thousand two hundred square feet; 17.26.060 General Regulations. The provisions of Section 17.16.060, General Regulations of the R-1 Zone shall also apply in the R-6B Zone and the following: A. No home constructed before June 1976 (the effective date of the National Construction and Safety Standards Act) may be newly installed in this district; B. Skirting is required around the perimeter of the home within sixty days of occupancy. Skirting is not required if the home is sited on a conventional, wall-type perimeter foundation; C. No additions may be attached to mobile homes or manufactured homes less than thirty-five feet in length. Additions are allowed for mobile and manufactured homes thirty-five feet or longer with appropriate permits from Washington State Department of Labor and Industries; D. Metallic-appearing siding is allowed on primary structures, outbuildings, and accessory structures, as long as the exterior siding is protected with a manufacturer’s guarantee of at least twenty years. (Ord. 797 § 3, 2005; Ord. 759 § 9 (part), 2003: Ord. 327 § 2 (part), 1981: Ord. 136 § 3.11(a), 1974) Chapter 17.27 R-6C ZONE—MANUFACTURED HOME—DOUBLE-WIDE OR LARGER Sections: 17.27.010 Purpose. 17.27.020 Permitted Uses . 17.27.030 Conditional uses. 17.27.040 Prohibited Uses. 17.27.050 Density Regulations. 17.27.060 General Regulations. 17.27.010 Purpose. This district is intended for low density long-term double-wide or larger manufactured home occupancy as single family dwellings in order to assure adequate light, air, open space, privacy, and the protection of property values while providing opportunity for affordable housing. Other uses should only be allowed if they are compatible with these values and consistent with the overall public interest. 17.27.020 Permitted Uses. Permitted uses shall be as follows: A. All uses permitted in the R-1 Zone. 17.27.030 Conditional uses.

The following uses may be allowed in the R-6C zone upon approval of a conditional use permit

Page 32 of 74 Ordinance No. in accordance with the provisions of Sections 17.52.040 through 17.52.080: A. Public and Semi public uses as provided in Section 17.50.040. B. Resource Extraction as provided in Section 17.50.050.

17.27.040 Prohibited Uses. All uses not specifically listed as permitted or conditional uses in this district are prohibited uses. Provided that the City Planner may determine that a proposed use is substantially similar to a listed permitted use and authorizes the use in accordance with the section 17.06.050. Provided further, that uses similar to listed conditional uses may be processed for consideration by the Hearing Examiner pursuant to Section 17.06.060. 17.27.050 Density Regulations. A. One single family dwelling is allowed per established and recorded lot according to the plats existing as of August 1, 2003 or as legally created thereafter under the provisions of the City Short Plat and Subdivision requirements. B. Subdivisions, short plats, replats and/or boundary line adjustments shall have a minimum lot size of seven thousand two hundred square feet; 17.27.060 General Regulations. The provisions of Section 17.16.060, General Regulations of the R-1 Zone shall also apply in the R-6C Zone and the following: A. The manufactured home must have a minimum living area of eight hundred square feet, except on waterfront lots where the minimum living area is one thousand square feet. B. The manufactured home must be a double-wide or larger. C. No home constructed before June 1976 (the effective date of the National Construction and Safety Standards Act) may be newly installed in this district. D. Extensions of power shall be underground. E. Installation must comply with all Washington State Department Labor and Industries standards. F. Skirting is required around the perimeter of the home within sixty days of occupancy. Skirting is not required if the home is sited on a conventional, wall-type perimeter foundation. G. Wood, or wood-style, insulated lap, or other non-metallic-appearing siding is required on primary structures, outbuildings, and accessory and/or non-accessory structures. H. Decks, awnings, porches, entries, outbuildings, carports, garages, etc., are permitted if of a style compatible with the main structure. (Ord. 759 § 10 (part), 2003: Ord. 327 § 3 (part), 1981) Chapter 17.28 R-7 ZONE—MULTIFAMILY MEDIUM DENSITY Sections: 17.28.010 Purpose. 17.28.020 Permitted Uses. 17.28.030 Conditional Uses.

Page 33 of 74 Ordinance No. 17.28.040 Prohibited Uses. 17.28.050 Density Regulations. 17.28.060 General Regulations. 17.28.010 Purpose This district is intended for medium density multiple-family dwelling structures, in order to assure adequate light, air, open space, privacy, and the protection of property values while providing affordable housing in the community. Row houses and other similar forms of development may be permitted if the location and design of the development is consistent with the purpose of the district and makes adequate provision for circulation, utilities and protection of the environment. Limited forms of commercial uses serving the immediate residential area may also be permitted. Other uses should only be allowed if they are compatible with these values and consistent with the overall public interest (Ord. 216 § 1.02, 1977: Ord. 136 § 3.12 (part), 1974) 17.28.020 Permitted Uses. Permitted uses shall be as follows: A. All uses permitted in the R-1 Zone. B. Two family dwellings. C. Multifamily dwellings. 17.28.030 Conditional Uses. The following uses may be allowed in the R-7 zone upon approval of a conditional use permit in accordance with the provisions of Sections 17.52.040 through 17.52.080: A. Public and Semi public uses as provided in Section 17.50.040. B. Resource Extraction as provided in Section 17.50.050. C. Row house and other common wall residential developments where the underlying land is subdivided to allow ownership of the individual lot and home. D. Limited retail and service commercial uses that serve the immediate residential community and do not alter the overall character of the immediate residential community. 17.28.040 Prohibited Uses. All uses not specifically listed as permitted or conditional uses in this district are prohibited uses. Provided that the City Planner may determine that a proposed use is substantially similar to a listed permitted use and authorizes the use in accordance with the section 17.06.050. Provided further, that uses similar to listed conditional uses may be processed for consideration by the Hearing Examiner pursuant to Section 17.06.060. 17.28.050 Density Regulations. A. One single family dwelling is allowed per established and recorded lot according to the plats existing as of August 1, 2003 or as legally created thereafter under the provisions of the City Short Plat and Subdivision requirements. B. Two family and multi-family dwellings shall have a minimum lot size of one thousand eight hundred square feet per dwelling unit. C. Subdivisions, short plats, replats and/or boundary line adjustments shall have a minimum lot size of seven thousand two hundred square feet. Provided, that upon approval of a conditional

Page 34 of 74 Ordinance No. use permit pursuant to 17.28.030, D platting to a minimum of one thousand eight hundred square feet per lot may be allowed in conformance with the terms of the conditional use permit and the provisions of Section 17.50.190.

17.28.060 General Regulations. The provisions of Section 17.16.060, General Regulations of the R-1 Zone and Section 17.16.070 Regulations for Manufactured Homes shall also apply in the R-7 Zone. Chapter 17.30 R-8 ZONE—MULTIFAMILY HIGH DENSITY Sections: 17.30.010 Purpose. 17.30.020 Permitted Uses. 17.30.030 Conditional Uses. 17.30.040 Prohibited Uses. 17.30.050 Density Regulations. 17.30.060 General Regulations. 17.30.010 Purpose. This district is intended for high density multiple-family dwelling structures, in order to assure adequate light, air, open space, privacy, and the protection of property values while providing recreational and affordable housing in the community. 17.30.020 Permitted Uses. Permitted uses shall be as follows: A. All uses permitted in the R-1 Zone. B. Two family dwellings. C. Multifamily dwellings. 17.30.030 Conditional Uses.

The following uses may be allowed in the R-8 zone upon approval of a conditional use permit in accordance with the provisions of Sections 17.52.040 through 17.52.080:

A. Public and Semi public uses as provided in Section 17.50.040. B. Resource Extraction as provided in Section 17.50.050. C. Row house and other common wall residential developments where the underlying land is subdivided to allow ownership of the individual lot and home. D. Limited retail and service commercial uses that serve the immediate residential community and do not alter the overall character of the immediate residential community. 17.30.040 Prohibited Uses. All uses not specifically listed as permitted or conditional uses in this district are prohibited uses. Provided that the City Planner may determine that a proposed use is substantially similar to a listed permitted use and authorizes the use in accordance with the section 17.06.050. Provided further, that uses similar to listed conditional uses may be processed for consideration by the Hearing Examiner pursuant to Section 17.06.060.

Page 35 of 74 Ordinance No. 17.30.050 Density Regulations. A. One single family dwelling is allowed per established and recorded lot according to the plats existing as of August 1, 2003 or as legally created thereafter under the provisions of the City Short Plat and Subdivision requirements. B. Two family and multi-family dwellings shall have a minimum lot size of one thousand two hundred square feet per dwelling unit. C. Subdivisions, short plats, replats and/or boundary line adjustments shall have a minimum lot size of seven thousand two hundred square feet. Provided, that upon approval of a conditional use permit pursuant to 17.30.030, D platting to a minimum of one thousand two hundred square feet per lot may be allowed in conformance with the terms of the conditional use permit and the provisions of Section 17.50.190; 17.30.060 General Regulations. The provisions of Section 17.16.060, General Regulations of the R-1 Zone and Section 17.16.070 Regulations for Manufactured Homes shall also apply in the R-8 Zone. Chapter 17.32 R-9 ZONE—MULTIFAMILY ULTRA HIGH DENSITY Sections: 17.32.010 Purpose. 17.32.020 Permitted Uses. 17.32.030 Conditional Uses. 17.32.040 Prohibited Uses. 17.32.050 Density Regulations. 17.32.060 General Regulations. 17.32.010 Purpose. This district is intended for ultra-high density multiple-family dwelling structures, in order to assure adequate light, air, open space, privacy, and the protection of property values while providing recreational and affordable housing in the community. (Ord. 216 § 1.04, 1977: Ord. 136 § 3.14 (part), 1974) 17.32.020 Permitted Uses. Permitted uses shall be as follows: A. All uses permitted in the R-1 Zone. B. Two family dwellings. C. Multifamily dwellings. 17.32.030 Conditional Uses.

The following uses may be allowed in the R-9 zone upon approval of a conditional use permit in accordance with the provisions of Sections 17.52.040 through 17.52.080: A. Public and Semi public uses as provided in Section 17.50.040. B. Resource Extraction as provided in Section 17.50.050. C. Row house and other common wall residential developments where the underlying land is subdivided to allow ownership of the individual lot and home.

Page 36 of 74 Ordinance No. D. Limited retail and service commercial uses that serve the immediate residential community and do not alter the overall character of the immediate residential community. 17.32.040 Prohibited Uses. All uses not specifically listed as permitted or conditional uses in this district are prohibited uses. Provided that the City Planner may determine that a proposed use is substantially similar to a listed permitted use and authorizes the use in accordance with the section 17.06.050. Provided further, that uses similar to listed conditional uses may be processed for consideration by the Hearing Examiner pursuant to Section 17.06.060. 17.32.050 Density Regulations. A. One single family dwelling is allowed per established and recorded lot according to the plats existing as of August 1, 2003 or as legally created thereafter under the provisions of the City Short Plat and Subdivision requirements. B. Two family and Multi-family dwellings shall have a minimum lot size of seven hundred square feet per dwelling unit. C. Subdivisions, short plats, replats and/or boundary line adjustments shall have a minimum lot size of seven thousand two hundred square feet. Provided, that upon approval of a conditional use permit pursuant to 17.32.030, D platting to a minimum of seven hundred square feet per lot may be allowed in conformance with the terms of the conditional use permit and the provisions of Section 17.50.190; 17.32.060 General Regulations. The provisions of Section 17.16.060, General Regulations of the R-1 Zone and Section 17.16.070 Regulations for Manufactured Homes shall also apply in the R-9 Zone. Chapter 17.34 B-1 ZONE—RETAIL COMMERCIAL Sections: 17.34.010 Purpose. 17.34.020 Permitted Uses. 17.34.030 Conditional Uses. 17.34.040 Prohibited Uses. 17.34.050 Density Regulations. 17.34.060 General Regulations. 17.34.070 Uses located in Tract D, Division 7. 17.34.010 Purpose. This district is intended for retail commercial uses and providing day-to-day goods and services. Financial, professional, personal and commercial services are intended for this district as well as mercantile, lodging, food and other common goods and services. All uses and structures are to be of good appearance, well designed and free of hazards, nuisances or other unattractive attributes. (Ord. 136 § 3.15 (part), 1974) 17.34.020 Permitted Uses. Permitted uses shall be as follows: A. Two family and Multifamily dwellings, grocery and drug stores, hardware stores, hotels,

Page 37 of 74 Ordinance No. motels, restaurants, cafes, taverns, cocktail lounges, banks, professional offices, general offices, specialty shops, jewelry shops, child care centers, light equipment rental and other uses of a similar nature, and on-site hazardous waste treatment and storage facilities, provided that such facilities comply with the state citing criteria adopted in accordance with RCW 70.105.210 or its successor; B. Non-Accessory Structures in compliance with the provisions of Section 17.50.115. C. Accessory structures and uses as follows: 1. Residential garages and carports, private workshops, boat docks, private greenhouses, and other uses of a similar and compatible nature, all subject to Section 17.50.110; 2. Fences, walls and hedges subject to Sections 17.50.120 and 17.50.130; 3. Off-street parking subject to Chapter 17.54. 4. Permitted accessory uses include drive-in for banks and eating places and any use of structure customarily accessory to permitted uses; 17.34.030 Conditional Uses.

The following uses may be allowed in the B-1 zone upon approval of a conditional use permit in accordance with the provisions of Sections 17.52.040 through 17.52.080 provided that they do not detract from the retail commercial character of the zone: A. Public and Semi public uses as provided in Section 17.50.040. B. Resource Extraction as provided in Section 17.50.050. C. Airports and heliports as provided in Section 17.50.220. D. Row house and other common wall residential developments where the underlying land is subdivided to allow ownership of the individual lot and home. E. Storage units may be allowed in conjunction with a permitted use. F. Uses that have some outdoor characteristics may be permitted if it can be shown that such outdoor activity is customarily a part of such uses or that some public benefit will accrue by location of such use in this district. Examples are automobile service stations, public buildings and facilities, nurseries, lumberyards, and other uses of a similar and compatible nature; 17.34.040 Prohibited Uses. A. All uses not specifically listed as permitted or conditional uses in this district are prohibited uses. Provided that the City Planner may determine that a proposed use is substantially similar to a listed permitted use and authorizes the use in accordance with the section 17.06.050. Provided further, that uses similar to listed conditional uses may be processed for consideration by the Hearing Examiner pursuant to Section 17.06.060. B. Camping and other temporary housing.

17.34.050 Density Regulations. A. Two family and Multi-family dwellings shall have a minimum lot size of seven hundred square feet per dwelling unit. B. Subdivisions, short plats, replats and/or boundary line adjustments shall have a minimum lot size of seven thousand two hundred square feet. Provided, that upon approval of a conditional use permit pursuant to 17.28.030, D platting to a minimum of seven hundred square feet per lot may be allowed in conformance with the terms of the conditional use permit and the provisions

Page 38 of 74 Ordinance No. of Section 17.50.190; 17.34.060 General Regulations. A. Minimum side yard depth in feet to be determined by the building and fire codes; B. Minimum rear yard depth in feet to be determined by the building and fire codes; C. Yard requirements for residential uses shall be as provided in the R-1 zone; D. All equipment and merchandise display and storage must be conducted within an approved permanent structure with the following exceptions: 1. Moped rentals, nurseries, lumberyards and similar uses that require outdoor storage and display, provided that such outside display or storage is conducted adjacent to and in connection with an approved permanent structure, 2. Businesses are permitted fifteen days of sidewalk sales or special event outdoor sales per year, provided that such sales are conducted adjacent to and in connection with an approved permanent structure. Nonprofit organizations are permitted six days of sidewalk or special event outdoor sales per year. E. Until July 1, 2008, single-family residences are permitted in the B-1 Zone. One single family dwelling is allowed under this provision per established and recorded lot according to the plats existing as of August 1, 2003 or as legally created thereafter under the provisions of the City Short Plat and Subdivision requirements. After July 1, 2008, single family residences are not permitted except as a mixed occupancy in commercial structures and then only when located on or above the second floor above street level.

(Ord. 760 § 1, 2003; Ord. 759 § 11, 2003; Ord. 477 § 2, 1989: Ord. 371, 1983: Ord. 136 § 3.15(a), 1974) 17.34. 070 Uses located in Tract D, Division 7. R-6 zone uses are permitted in the B-1 zone located in Tract D, Division 7. (Ord. 136 § 3.15(b), 1974) Chapter 17.36 B-2 ZONE—GENERAL COMMERCIAL Sections: 17.36.010 Purpose. 17.36.020 Permitted Uses. 17.36.030 Conditional Uses. 17.36.040 Prohibited Uses. 17.36.050 Density Regulations. 17.36.060 General Regulations. 17.36.070 Uses located in Lot 61, Division 15. 17.36.010 Purpose. This district is intended for a wide variety of commercial uses including those requiring outdoor activity and storage. Uses of a less attractive nature and requiring less visibility are intended for this district; however, no use causing any pollution, nuisance, hazard, blight, odor or congestion will be permitted. (Ord. 136 § 3.16 (part), 1974)

Page 39 of 74 Ordinance No. 17.36.020 Permitted Uses. Permitted uses shall include the following: A. Two family and Multifamily dwellings, grocery and drug stores, hardware stores, hotels, motels, restaurants, cafes, taverns cocktail lounges, banks, professional offices, general offices, specialty shops, jewelry shops, child care centers light equipment rental, light manufacturing, storage, equipment rental or sales, auto, truck and recreational vehicle sales, fuel storage, , repair shops, kennels, marinas, boat repair and storage, and other uses and structures of a similar and compatible nature and on-site and off-site hazardous waste treatment and storage facilities, provided that such facilities comply with the state citing criteria adopted in accordance with RCW 70.105.210, or its successor; B. Non-Accessory Structures in compliance with the provisions of Section 17.50.115. C. Accessory structures and uses as follows: 1. Residential garages and carports, private workshops, boat docks, private greenhouses, and other uses of a similar and compatible nature, all subject to Section 17.50.110; 2. Fences, walls and hedges subject to Sections 17.50.120 and 17.50.130; 3. Off-street parking subject to Chapter 17.54. 4. Permitted accessory uses include drive-in windows for banks and eating places and any use of structure customarily accessory to permitted uses; 5. Permitted accessory uses to include any use or structure customarily accessory to permitted uses; 17.36.030 Conditional Uses.

The following uses may be allowed in the B-2 zone upon approval of a conditional use permit in accordance with the provisions of Sections 17.52.040 through 17.52.080 provided that they do not detract from the commercial character of the zone: A. Public and Semi public uses as provided in Section 17.50.040. B. Resource Extraction as provided in Section 17.50.050. C. Airports and heliports as provided in Section 17.50.220. D. Row house and other common wall residential developments where the underlying land is subdivided to allow ownership of the individual lot and home. E. Storage units may be allowed conjunction with a permitted use. F. Any use or structure not allowable in other districts may be considered for location in this district with the provision that no use which would cause any pollution, nuisance, hazard, blight, odor or traffic congestion will be permitted. In cases where the nuisance causing character of the proposal is questionable, the applicant shall provide sufficient proof, bonds or other guarantees to protect the city. 17.36.040 Prohibited Uses. A. All uses not specifically listed as permitted or conditional uses in this district are prohibited uses. Provided that the City Planner may determine that a proposed use is substantially similar to a listed permitted use and authorizes the use in accordance with the section 17.06.050. Provided further, that uses similar to listed conditional uses may be processed for consideration by the Hearing Examiner pursuant to Section 17.06.060. B. Camping and other temporary housing.

Page 40 of 74 Ordinance No. 17.36.050 Density Regulations. A. Two family and Multi-family dwellings shall have a minimum lot size of seven hundred square feet per dwelling unit. B. Subdivisions, short plats, replats and/or boundary line adjustments shall have a minimum lot size of seven thousand two hundred square feet. Provided, that upon approval of a conditional use permit pursuant to 17.28.030, D platting to a minimum of seven hundred square feet per lot may be allowed in conformance with the terms of the conditional use permit and the provisions of Section 17.50.190; 17.36.060 General Regulations. A. Minimum side yard depth in feet to be determined by the building and fire codes; B. Minimum rear yard depth in feet to be determined by the building and fire codes; C. Yard requirements for residential uses shall be as provided in the R-1 zone. D. Until July 1, 2008, single-family residences are permitted in the B-1 Zone. One single family dwelling is allowed under this provision per established and recorded lot according to the plats existing as of August 1, 2003 or as legally created thereafter under the provisions of the City Short Plat and Subdivision requirements. After July 1, 2008, single family residences are not permitted except as a mixed occupancy in commercial structures and then only when located on or above the second floor above street level. (Ord. 760 § 2, 2003; Ord. 759 § 12, 2003; Ord. 477 § 3, 1989: Ord. 216 § 1.05, 1977: Ord. 136 § 3.16(a), 1974) 17.36.070 Uses located in Lot 61, Division 15. The zoning classification of Lot 61, Division 15, Plat of Ocean Shores, is changed from B-1 to B-2 subject to compliance by the owner with the following conditions: A. Site screening landscaping must be planted and maintained along the boundary of Lot 61, Division 15, Plat of Ocean Shores, on Silver King Avenue. B. Cyclone fencing must be installed along Silver King Avenue. C. No permanent structure not normally permitted in the B-1 zone shall be allowed on Lot 61, Division 15, Plat of Ocean Shores. D. If the use of this parcel is changed from RV storage the zone will revert to its original classification of B-1. (Ord. 382 § 1, 1984)

Chapter 17.37 B-3 ZONE --RESORT TOURIST COMMERCIAL

Sections: 17.37.010 Purpose. 17.37.020 Permitted Uses. 17.37.030 Conditional Uses. 17.37.040 Prohibited Uses. 17.37.050 Density Regulations. 17.37.060 General Regulations. 17.37.010 Purpose.

Page 41 of 74 Ordinance No. This district is designed for hotels and a variety of resorts and multiple family residences. They can be freestanding or part of a resort community or planned unit development. Resort Tourist locations capitalize on good transportation, the physical amenities of the area, and recreational or shopping opportunities. Resort Tourist areas often include some ancillary retail, cultural, and recreational uses. In some areas of the community, lower density may be required to preserve beach character and environmental features, or it may be necessary due to other physical constraints of the specific area. High-density residential uses with a resort character and lifestyle may be integrated into resort uses and may share resort amenities. Resort Tourism uses often are placed next to open spaces as a key amenity. 17.37.020 Permitted Uses: A. Permitted commercial uses include grocery stores, drug stores, hotels, motels, restaurants, cafes, taverns, cocktail lounges, banks, specialty shops, jewelry shops, child care centers recreational equipment rental, and other commercial uses of a similar nature; B. Permitted residential uses include at a density of not more than one dwelling unit per seven hundred square feet of lot area. C. Permitted accessory uses include drive in windows for banks and restaurants and other uses that are clearly accessory to the operation of a permitted use, do not change the character of the permitted use and are consistent with the purpose of the zone. D. Single Family Dwellings are permitted as an accessory use in the B-3 Zone only as a mixed occupancy in commercial structures when located on or above the second floor above the street level floor; 17.37.030 Conditional Uses: The following uses may be allowed in the B-3 zone upon approval of a conditional use permit in accordance with the provisions of Sections 17.52.040 through 17.52.080 provided that they do not detract from the character of the zone: A. Uses which are otherwise consistent with the purpose of the district and have some outdoor characteristics may be allowed if it can be shown that such outdoor activity is customarily a part of such uses or that some public benefit will accrue by location of such use in this district. B. Examples are outside storage, recreational facilities, stand-alone drive-in or drive-through facilities. C. Public buildings and facilities. D. Other uses of a similar and compatible nature not listed as permitted or prohibited uses; E. Row house and other common wall residential developments where the underlying land is subdivided to allow ownership of the individual lot and home.

17.37.040 Prohibited Uses: A. Hardware stores, professional offices, general offices; automobile, truck and recreational vehicle repair and or sales, fuel storage and sales; kennels, general equipment rental, recreational vehicle parks, all light industrial uses; and other uses of a similar nature; B. Uses not listed as permitted or conditional uses provided that uses similar to the listed permitted and conditional may be authorized pursuant to the provisions of Section 17.06.050 and 060. C. Camping and other temporary housing.

Page 42 of 74 Ordinance No. D. Single-family residences are not permitted in the B-3 Zone. Single family living units are allowed as a mixed occupancy in commercial structures when located on or above the second floor above the street level floor. 17.37.050 Density Regulations. A. Two family and Multi-family dwellings shall have a minimum lot size of seven hundred square feet per dwelling unit. B. Subdivisions, short plats, replats and/or boundary line adjustments shall have a minimum lot size of seven thousand two hundred square feet. Provided, that upon approval of a conditional use permit pursuant to 17.28.030,D platting to a minimum of seven hundred square feet per lot may be allowed in conformance with the terms of the conditional use permit and the provisions of Section 17.50.190;

17.37.060 General Regulations A. Minimum side yard depth in feet to be determined by the building and fire codes; B. Minimum rear yard depth in feet to be determined by the building and fire codes; C. All equipment and merchandise display and storage must be conducted within an approved permanent structure with the following exceptions: 1. Recreational equipment rentals and similar uses that require outdoor storage and display, provided that such outside display or storage is allowed only during the hours of operation of the business and is conducted adjacent to and in connection with an approved permanent structure, 2. Businesses are permitted fifteen days of sidewalk sales or special event outdoor sales per year, provided that such sales are conducted adjacent to and in connection with an approved permanent structure. Nonprofit organizations are permitted six days of sidewalk or special event outdoor sales per year.

Chapter 17.38 PR-1 ZONE—PRIVATE RECREATIONAL Sections: 17.38.010 Purposes—Uses. 17.38.010 Purposes—Uses. This zone is for lands intended as private walkways held in common private ownership or for private or community club lands such as private golf courses or bridle trails. Structures such as swimming pools, clubhouses, playgrounds, tennis courts, ball fields, boat launches, and other facilities needed for various recreational activities are permitted. Many private recreational areas derive from the "park reserve" areas indicated on early comprehensive plans and from the areas of common ownership resulting from the plats of Ocean Shores that are intended for the use of the joint owners. (Ord. 759 § 13, 2003: Ord. 136 § 3.17, 1974) Chapter 17.39 PR-2 ZONE—PUBLIC RECREATIONAL Sections: 17.39.010 Purposes—Uses.

Page 43 of 74 Ordinance No. 17.39.010 Purposes—Uses. This zone is for lands owned by the city or other public entities and intended for recreational uses such as municipal parks or municipal golf courses. Structures such as swimming pools, clubhouses, playgrounds, tennis courts, boat launches, and other facilities needed for various municipal recreational activities are permitted. (Ord. 759 § 14, 2003) Chapter 17.40 OPEN SPACE DISTRICT Sections: 17.40.010 Purpose—Uses. 17.40.010 Purpose—Uses. This district is intended to correspond to the Open Space Act of the state which provides certain tax relief to properties which are designated by the city council as open space properties. The open space zoning district shall be upon all such designated properties and shall dissolve if the open space designation is removed. There shall be no development or subdivision of lands in the open space district except minor structures such as fences, access roads, public restrooms and the like. See RCW Chapter 84.34. (Ord. 136 § 3.18, 1974) Chapter 17.42 PLANNED DEVELOPMENTS* Sections: 17.42.010 Definition—Designated. 17.42.020 Type of dwelling—Occupancy Permit. 17.42.030 Number of dwelling units permitted. 17.42.040 Development requirements. 17.42.050 Public utilities—Open space. * Editor’s note: For provisions regarding special districts, see Chapter 17.10 of this title. 17.42.010 Definition—Designated. A planned development for the purpose of this title shall be defined as a parcel one acre or larger where dwellings are clustered in order to provide larger more usable open space and more flexible citing of dwellings in relation to natural characteristics of the site. Such developments may also include lots smaller than the minimum lot size with the remaining area in common ownership, and may incorporate convenience retail uses intended to serve the residents. Planned developments may be permitted in any residential district and shall comply with the requirements set forth in Sections 17.42.020 through 17.42.050. See also Section 17.10.020. (Ord. 136 § 3.19 (part), 1974) 17.42.020 Type of dwelling—Occupancy Permit. Planned developments may include any type of dwelling recreational facilities including but not limited to tennis courts, swimming pools and playgrounds; public and semipublic uses as permitted in the residential district; convenience retail uses serving residents of the development provided the floor areas and parking areas of such uses do not exceed five percent of the site area. Occupancy permits for any incidental commercial uses shall not be issued until at least one-half of the dwelling units are constructed. (Ord. 136 § 3.19(a), 1974)

Page 44 of 74 Ordinance No. 17.42.030 Number of dwelling units permitted. The number of dwelling units permitted shall be determined by dividing the net development area by the minimum number of square feet per dwelling unit listed for the underlying zone. Net development area shall be determined by subtracting the area devoted to public and semipublic uses and any commercial uses together with parking areas required for such uses from the total development area and deducting fifteen percent of the remainder for streets, regardless of the amount proposed for streets. (Ord. 136 § 3.19(c), 1974) 17.42.040 Development requirements. Lot sizes, setbacks from exterior boundary lines and between on-site buildings, building height and location, amount and location of open space, shall be as shown on the approved plan. (Ord. 136 § 3.19(b), 1974) 17.42.050 Public utilities—Open space. All public utilities, including electrical, telephone, TV cable shall be placed underground. The following open space shall be provided: A. Private open space, consisting of or fenced area shall be provided adjacent to each dwelling unit, and the area of such private open space shall be at least ten percent of the gross floor area of the dwelling unit. B. Common open space, consisting of natural vegetation, water, landscaping or improved recreational facilities, shall be provided. Water and slopes in excess of ten percent shall not represent more than fifty percent of the total common open space required. Areas less than ten feet wide or less than two hundred fifty square feet in area shall not be considered common open space. The amount of common open space shall be at least one thousand two hundred fifty square feet of lot area per dwelling unit. A legally enforceable provision for the retention and maintenance of all common open spaces shall be provided. (Ord. 136 § 3.19(d), 1974) Chapter 17.46 RECREATIONAL VEHICLE PARK AND CAMPGROUNDS DISTRICT Sections: 17.46.010 Purpose—Establishment—Public hearing. 17.46.010 Purpose—Establishment—Public hearing. This district is intended to provide for location of recreational vehicle parks and campgrounds which shall conform to all regulations promulgated by the state. All proposals for such districts shall be given public hearings before both the planning commission and the city council for their approval. See Section 17.10.020. (Ord. 136 § 3.21, 1974) Chapter 17.48 NONCONFORMITIES Sections: 17.48.010 Existing buildings or uses. 17.48.020 Discontinuance. 17.48.030 Change in use. 17.48.040 Expansion or alteration.

Page 45 of 74 Ordinance No. 17.48.050 Ordinary maintenance and repair. 17.48.060 Partial nonconformity. 17.48.070 Reconstruction. 17.48.080 Exceptions. 17.48.090 To avoid undue hardship. 17.48.100 Nonconforming lots of record. 17.48.110 Off-street parking. 17.48.010 Existing buildings or uses. The lawful use of a building, structure or land existing or active at the effective date of the ordinance codified in this chapter, or amendments thereto, may continue although such use does not conform to the regulations contained herein, provided that if such nonconforming use or activity is abandoned, any future use or activity in or on a structure, building or land shall conform to the regulations of the district in which it is located. (Ord. 136 § 5.01, 1974) 17.48.020 Discontinuance. Discontinuance of a nonconforming use of land, structure or building for a period of twelve months shall be prima facie evidence of abandonment of nonconforming use and thereafter the use shall revert to that shown in the zoning ordinance codified in this title. (Ord. 136 § 5.02, 1974) 17.48.030 Change in use. If no structural alterations are made, a nonconforming use may be changed to another similar nonconforming use or to a use conforming to the district regulations. (Ord. 136 § 5.03, 1974) 17.48.040 Expansion or alteration. An existing nonconforming building cannot be enlarged or expanded or reconstructed unless it is made to conform to the regulations of this title and of the building code as adopted by the city. (Ord. 136 § 5.04, 1974) 17.48.050 Ordinary maintenance and repair. Repair of an existing nonconforming building and its equipment or fixtures is permitted provided that the value of the repair does not exceed sixty percent of the fair market value of the building as determined by the city planning director or in his absence the city manager or his designee for the year in which the work is done. (Ord. 611, 1997; Ord. 136 § 5.05, 1974) 17.48.060 Partial nonconformity. Where a fraction of a building or lot contains a nonconforming use or structure, such use or structure shall not be expanded. (Ord. 136 § 5.06, 1974) 17.48.070 Reconstruction. If a nonconforming building is destroyed by fire, explosion, act of God or act of the public enemy, to the extent of sixty percent of the fair market value, thereafter the land and any development on it shall conform to the regulations of the district in which it is located. (Ord. 136 § 5.07, 1974) 17.48.080 Exceptions. The hearing examiner may authorize the planning director or in his absence the city manager or

Page 46 of 74 Ordinance No. his designee to issue a temporary permit for the construction of a nonconforming building or for the nonconforming use of any area or building for a specific period of time not exceeding one year, provided the hearing examiner finds the public convenience and advantage will be served by such nonconforming use and that the building or use will not be materially detrimental to the public welfare. (Ord. 714 § 13, 2001; Ord. 611, 1997; Ord. 136 § 5.08, 1974) 17.48.090 To avoid undue hardship. Nothing in this title shall be deemed to require a change in plans, construction or designated use of any building on which actual construction has been carried on diligently prior to the adoption of the ordinance codified in this title. Actual construction is defined to include the placing of construction materials in permanent position and fastened in a permanent manner, or where excavation or demolition or removal of an existing building has been substantially begun preparatory to rebuilding. Such excavations or demolition or removal shall be deemed to be actual construction provided that the work shall be carried on diligently. (Ord. 136 § 5.09, 1974) 17.48.100 Nonconforming lots of record. In any district in which single family dwellings are permitted, a single family dwelling and customary accessory buildings may be erected on any single lot of record as of the effective date of adoption of amendment to the ordinance codified in this title notwithstanding limitations imposed by other provisions of this title. This provision shall apply even though such lot fails to meet the requirements for area or width, or both, that are generally applicable to the districts, provided that yard dimensions and other requirements other than those applying to area or width, or both, of the lot shall conform to the regulations for the district in which such lot is located. Variance of yard requirements shall be obtained only through action of the hearing examiner. (Ord. 714 § 14, 2001; Ord. 136 § 5.10, 1974) 17.48.110 Off-street parking. Any change in the use, the building, or the parking facilities shall be subject to the following provisions: A. An existing parking facility, incidental to a lawfully established use, shall not be reduced in area or redesigned so that the facility is less in conformance with the provisions of this title in any respect, unless all of the off-street parking required herein is provided otherwise. B. If a building or use is expanded, parking as required by this title shall be provided for both the existing and the expanded portion of the use and any existing parking shall be made to comply with this title if such parking is part of the required parking. C. If the use of land or a building is changed to a use with a greater parking requirement, parking equal to the difference between the requirement for the existing and the proposed use, as contained herein, shall be provided in accordance with the provisions of this title and shall be in addition to any existing parking. (Ord. 136 § 5.11, 1974) Chapter 17.50 MISCELLANEOUS PROVISIONS Sections: 17.50.010 Purpose. 17.50.020 Temporary amusement and public assembly.

Page 47 of 74 Ordinance No. 17.50.030 Home occupation. 17.50.040 Public and semipublic uses. 17.50.050 Resource extraction. 17.50.055 Transient rentals. 17.50.060 Plot plan review. 17.50.070 Animals. 17.50.080 Waterfront setbacks. 17.50.090 Installation and maintenance. 17.50.100 Clearing and Grading. 17.50.110 Accessory structure standards. 17.50.115 Non-accessory structures—Standards and application procedure. 17.50.120 Fences, walls and vegetation. 17.50.130 Visibility at intersection in residential districts. 17.50.140 Off-street loading. 17.50.150 Erection of more than one principal structure on a lot. 17.50.160 Structures to have access. 17.50.170 Exceptions to height regulations. 17.50.180 Habitation of temporary structures. 17.50.190 Special lot size provisions. 17.50.200 Recreational vehicles—Definitions—Placement—Penalties. 17.50.210 Architectural features. 17.50.220 Airports and heliports. 17.50.230 Float and pier regulations. 17.50.240 Bulkheads and water barriers. 17.50.010 Purpose. The regulations contained in this chapter are intended to provide for the control of certain special uses, structures, forms of development and lands. Specifically included are regulations pertaining to yards, buildings, waterfronts, home occupations, animals, temporary uses, public uses, landscaping, decoration, accessory structures, fences, loading, airports, accessory dwelling units and miscellaneous provisions. Where not specified, these regulations shall affect all zoning districts. (Ord. 136 § 6.01, 1974) 17.50.020 Temporary amusement and public assembly. A. Amusements, entertainment and similar temporary activities involving a gathering of people outside of a building, on private property, shall comply with the regulations of this section. B. Carnivals, circuses, amusement rides, revival tents or any similar amusement, entertainment, public assembly or activity which does not involve attendance for more than sixteen hours in any twenty-four-hour period may be permitted in the "B" districts subject to obtaining a permit from the city council. Such permit shall be for a maximum period of thirty days and shall be issued if evidence indicates that: 1. There will be no serious interference with the activities of nearby residents, if any. 2. Traffic circulation will not be unnecessarily impeded and there will be provisions for adequate on-site parking and a reasonable means of ingress and egress. 3. Sound and will not be a nuisance to neighboring residents. 4. There will be adequate provisions for water supply and sanitary facilities.

Page 48 of 74 Ordinance No. (Ord. 136 § 6.02, 1974) 17.50.030 Home occupation. Home occupations, including but not limited to sewing, music , art studio, home and health care product distributor, bookkeeping, fishing equipment storage and repair, rooming and board of not more than two persons, family home child care , etc. shall be subject to the following conditions: A. The operation shall be conducted entirely within the confines of the operator’s residence or private garages. The only permitted outside activity related to a home occupation shall be children’s play space at a day care facility. B. The operation shall regularly employ, at the residence, only individuals of the immediate family who reside within the residence. C. Only retail sales of a nature secondary to the home occupation shall be permitted on the premises. D. The area of use will not exceed thirty percent of the gross floor area of main building, exclusive of porches, decks, balconies and garages, or five hundred square feet, whichever is lesser. E. No external or internal alteration of the building will be permitted which affects the character of the building as a dwelling. F. No use shall require or involve the use of electrical or mechanical equipment that would change the fire rating of the structure. G. There shall be no outside storage of any kind related to the home occupation. H. There shall be no display or advertisement of product or products which is visible from the outside. I. The use may increase vehicular traffic flow and parking by no more than two additional vehicles at a time. All parking shall be on the property of the home occupation. J. No heavy equipment, such as, but not limited to, trucks over twelve thousand pounds gross vehicle weight, bulldozers, heavy equipment trailers, graders and backhoes shall be parked on the lot of the home occupation or any other residential lot except during construction or grading activity. K. No use shall create noise, dust, vibration, smell, smoke, glare, electrical interference, fire hazards, or any other hazard or nuisance to any greater or more frequent extent than that usually experienced in an average residential occupancy in the district in question, under normal circumstances wherein no home occupation exists. L. Rooming and Boarding as a home occupation must be conducted in accordance with the provisions of Section 17.50.055, Transient Rentals. M. Child daycare as a home occupation shall be limited to and in compliance with the requirements for family home child care as licensed by the state. (Ord. 361 § 2, 1983: Ord. 318 § 1(F), 1981; Ord. 136 § 6.03, 1974) 17.50.040 Public and semipublic uses. A. The following are conditional uses in any district: parks; playgrounds; cemeteries; golf courses; public and private schools; churches; community centers; child care centers, fire stations; country clubs; utility substations; hospitals; clinics; transmission lines; treatment plants; airports; public offices; and similar public and semipublic uses. B. In the business districts the following uses are permitted uses: libraries, police and fire

Page 49 of 74 Ordinance No. stations, hospitals, clinics, public parking facilities and public offices. (Ord. 780 § 1, 2004: Ord. 759 § 16, 2003: Ord. 136 § 6.04, 1974) 17.50.050 Resource extraction. A. A conditional use permit shall be required for the removal of topsoil, sand, gravel or natural deposits below eighteen inches above the centerline of the adjacent road. Application for a conditional use permit shall include a map showing existing topography, access roads, property lines, and excavation or extraction plan, a restoration plan and final grading. B. The application must contain sufficient evidence that the following criteria will be met before a conditional use permit for resource extraction may be granted: 1. There shall be a restoration plan which will return the site to as nearly its original contour, grade and vegetation as possible. 2. The operation will cause no nuisance or pollution. 3. There will be no damage to nearby public or private property and facilities. 4. A performance bond or insurance may be required as a condition to granting the conditional use permit covering resource extraction. (Ord. 136 § 6.05, 1974) 17.50.055 Transient rentals. A. Purpose. The purpose of the ordinance codified in this section by petition or initiative is to protect the character of the city’s residential neighborhoods by prohibiting transient rental of dwellings therein. Use of dwellings for transient rental purposes has unmitigatable adverse impacts on surrounding residential uses and properties and is therefore prohibited except as provided for in these zoning regulations. It is found and determined that transient rental of dwellings has been permitted in the past and that the lawful use of property pursuant to the former OSMC Sections 17.50.055, 17.16.050 and Ocean Shores Ordinances 419 (1986) and 518 (1991) may continue for a specified period subject to certain conditions contained in this section. These conditions include an amortization period of five years and the provision for individualized determinations that lawful investments specifically committed to transient occupancy have been made and may warrant a longer amortization period. B. Prohibition of Transient Rental with Exceptions. No owner, person or entity shall occupy, use, operate, rent or lease nor offer or negotiate to use, lease or rent a dwelling in the R-1, R-2, R-3, R-4, R-5, R-6A, R-6B, R-6C, R-7, R-8 and R-9 zones for transient rental except: a dwelling holding a lawful conditional use permit for transient rental on the effective date of the ordinance codified in this section and which complies with the requirements of subsection C of this section. C. Requirements for Continued Transient Rental: 1. No owner, person or entity shall rent, lease, operate, manage or maintain a dwelling in the R-1, R-2, R-3, R-4, R-5, R-6A, R-6B, R-6C, R-7, R-8 and R-9 zones for transient rental after the effective date of the ordinance codified in this section unless the dwelling had a valid and lawful transient rental conditional use permit on the effective date of said ordinance and meeting the following requirements: a. Any person or entity who rented or leased a dwelling unit for transient rental by virtue of a conditional use permit issued pursuant to former Ocean Shores Municipal Code Sections 17.50.055, 17.16.050 and Ocean Shores Ordinances 419, 1986, and 518, 1991, during the period between January 1, 1989 and the effective date of the ordinance codified in this section or who otherwise claims a

Page 50 of 74 Ordinance No. nonconforming use status for transient rental must establish the nonconforming use status of their transient rental activity by filing a claim for nonconforming use status with the planning director or in his absence the city manager or his designee within ninety days of the effective date of said ordinance. b. Upon timely receipt of any such claim the Ocean Shores hearing examiner shall conduct a hearing, pursuant to Chapter 17.61 Ocean Shores Municipal Code, and determine whether grounds for the issuance of a nonconforming use permit have been proved by a preponderance of the evidence. Proceedings and appeal rights shall be as provided in OSMC Chapter 17.61 as amended. 2. Any transient rental nonconforming use permit issued pursuant to subsections (C)(1)(a) and (b) above shall have conditions no less stringent than the conditions under which the predecessor conditional use permit was issued and shall have a term ending five years from the effective date of the ordinance codified in this section and all transient rental of the dwelling shall be prohibited from and after the expiration of the five years unless hardship relief has been granted pursuant to subsection (C)(3) of this section. 3. A hardship provision is established for property owners who can prove that an investment made exclusively for the purpose and use of the dwelling as a transient rental can not be reasonably amortized and recovered over the five years allowed in Section (C)(2) above. An application for hardship relief can only be made within the time and in the manner permitted for an application for a nonconforming use permit and shall be heard in conjunction with the hearing on the nonconforming use permit under the same conditions, requirements and appeal rights as specified for the nonconforming use permit. The hearing examiner shall determine, based upon a preponderance of evidence presented of generally accepted accounting principles and other substantial evidence, whether an extension of the term of the nonconforming use permit is needed to permit a reasonable amortization and recovery of investments proved to have been made exclusively for the purpose and use of the dwelling as a transient rental, and the term of any extension needed to accomplish a reasonable amortization and recovery of the investment. 4. Any nonconforming use permit may be suspended temporarily or revoked upon findings by the hearing examiner, after a hearing, and subject to appeal as any other ruling of the hearing examiner, that the subject property has become a nuisance to its neighbors, engenders an unreasonable amount of law enforcement activity, violates one or more of the conditions of its issuance, violates any one or more of the provisions of the zoning code or any one or more of the foregoing. D. Any violation of the provisions of this transient rental section shall be enforced by the city planner in the manner specified in Chapter 17.62, Ocean Shores Municipal Code, provided that the penalty shall not be less than one hundred dollars plus fifty dollars per day of occupancy in violation of this section. (Ord. 611, 1997; Ord. 555 §§ 5(A), (B) and (C), 1993) 17.50.060 Plot plan review. Prior to the issuance of a building permit for any residential, commercial, industrial, public or semipublic building or use, a plan showing the location of any existing and proposed buildings and the layout, dimension and number of parking spaces shall be submitted to and must be approved by the planning director or in his absence the city manager or his designee before a

Page 51 of 74 Ordinance No. permit may be issued. (Ord. 611, 1997; Ord. 136 § 6.06, 1974) 17.50.070 Animals. No animals, livestock or poultry of any kind shall be raised, bred or kept within the corporate limits of the city, except dogs, cats, or other household pets may be kept, provided they are not kept, bred or maintained for any commercial purpose. (Ord. 343 § 2, 1982: Ord. 136 § 6.07, 1974) 17.50.080 Waterfront setbacks. A. In order to effect proper development of waterfront properties and to insure that future development will be compatible with existing development, the special setback regulations set out in subsection B of this section are established over and above the regular setbacks required in the district. B. Structures shall not be placed closer to the property line which parallels the waterfront than: 1. Forty feet for ocean and bay front lots in Ocean Shores Divisions 16, 17, 17A, 18, 19, 19A, 20, 21, 22, 23 and 24; 2. Fifty feet for ocean or bay front lots in all other divisions; 3. Twenty-five feet for all inland waterways, lakes and canals in all divisions. (Ord. 136 § 6.08, 1974) 17.50.090 Installation and maintenance of signs. The installation and/or maintenance of signs in all districts shall be controlled by the provisions of Chapter 15.34 of this code. (Sign Code Ordinance #823 as adopted by Council April 2007). 17.50.100 Clearing and Grading. A. Clearing of vegetation and grading or re-grading of the land surface shall not be allowed except when conducted pursuant to, and in conformance with, a clearing and grading permit issued by the City. 1. At the time of clearing/grading permit application, a plan for landscaping shall be submitted to the City that clearly indicates the applicant’s plan for meeting the landscaping and erosion prevention requirements of this section 17.50.100. Plan shall be to scale, indicate the location of structures and the location of all existing significant trees. If a portion of the property is to be left in its natural state and that natural state is left undisturbed that shall be so noted on the plan. 2. The clearing and grading permit shall be issued only upon approval of the landscaping plan as meeting these requirements and conditioned on implementation of the plan as approved. B. Landscaping of Single family and duplex dwellings: The plan shall provide assurance that the following requirements are met: 1. The portion of the property not occupied by structures shall be left in its natural state or shall be aesthetically treated with plants, shrubs, trees or other forms of landscape materials. The plantings used will be those native to the area or those which are suited to survival in the climate and soil conditions of Ocean Shores. That portion of the property not occupied by structures shall have, at a minimum, ground cover adequate to control soil erosion and prevent the soil or sand from blowing or washing onto other properties or streets. The plan shall include management

Page 52 of 74 Ordinance No. measures to prevent erosion on all areas of the site where soil is exposed during construction or grading with appropriate temporary means based on seasonal and site character considerations. 2. Retained existing vegetation may be used to meet all or portions of the landscaping requirements of this section. The retention of vegetation that promotes or preserves continuous overstory canopies, wildlife corridors and/or native vegetation adjacent to critical area buffers is especially encouraged. 3. Significant trees, which shall mean existing trees over eight inches in caliper (excluding alders and cottonwoods) as measured four feet above grade, shall be retained as follows: a. All significant trees located within areas designated for retention in a natural state which are not dead, dying, diseased, and do not pose a significant safety hazard shall be retained; b. At least 10 percent by number of the significant trees on the subject property shall be retained. The city may approve modifications or require minor site plan alterations to achieve tree retention in compliance with this requirement. Where the location of the existing significant trees interferes with reasonable placement of the primary use structure, a landscaping plan may provide for the retention of fewer significant trees than required by this section only if the trees to be removed are replaced at a ratio of three to one. 4. Grading plans shall assure that the productive character of the soil is protected or restored on all areas of the site not occupied by buildings. Where significant trees are to be retained, an area equal to the drip line of the tree plus three feet shall be preserved around the tree at original grade or the landscaping plan shall include provisions to otherwise properly protect the tree. Areas adjacent to retained natural areas shall either have a graded transition or structural means to assure adequate retention of soil to support the natural vegetation. C. Landscaping of other sites and uses. The plan shall provide assurance that the following requirements are met: 1. All new developments with parking lots holding fifteen cars or more shall provide landscaping of seven percent of the gross area designated for parking in the form of strips bordering the parking lot along adjacent properties or streets and /or islands or strips separating the tiers of parking spaces as appropriate to design and layout of the parking area. The plantings used will be those native to the area or those which are suited to survival in the climate and soil conditions of Ocean Shores. 2. Any portion of a property not proposed to be occupied by structures or pavement shall have, at a minimum, ground cover adequate to control soil erosion and prevent the sand from blowing or washing onto other properties or streets. The plan shall include management measures to prevent erosion on all areas of the site where soil is exposed during construction or grading with appropriate temporary means based on seasonal and site character considerations. 3. Any portion of the property not occupied by structures shall be left in its natural state or shall be aesthetically treated with plants, shrubs, trees or other forms of landscape materials. D. All landscaped areas shall be continuously maintained and kept free of litter. Additional

Page 53 of 74 Ordinance No. landscaping is permitted. 17.50.110 Accessory structure standards. A. Accessory structures other than fences, walls and hedges, which are subject to Sections 17.50.120 and 17.50.130, are permitted on any lot only when there already exists on such lot a principal structure as defined by Section 17.04.441; provided, that temporary accessory structures are permitted when a building permit has been issued for a principal structure, but only for so long as such permit is in effect. B. All accessory structures, other than temporary accessory structures as permitted elsewhere in this section, shall comply with any and all applicable construction codes. C. Temporary accessory structures as provided for in subsection A of this section may only be used for storing tools, covering equipment and materials and uses directly incidental to the construction of the principal structure. D. Accessory structures shall be no closer than five feet to the side or rear property lines. (Ord. 263 § 1, 1978; Ord. 255 § 3, 1978: Ord. 136 § 6.11, 1974) 17.50.115 Non-accessory structures—Standards and application procedure. Owners of undeveloped real property as defined in Section 17.04.371 may erect one shed-type structure, and may construct a boat dock, steps, detached deck, fence, or other minor construction as defined in Section 19.04.150 of this code. Such non-accessory structure may be erected pursuant to the following conditions: A. The property owner shall complete a city non-accessory structure application, which application shall include: 1. A completed SEPA checklist; and 2. A proposed site plan; and 3. Drawings and/or photographs of the proposed structure, including dimensions; and B. Non-accessory sheds may not exceed eighty square feet in area, and twelve feet in height; and C. Non-accessory sheds may not have any permanent foundation, but must be securely anchored in a tie-down fashion; and D. Non-accessory sheds may have only one window, and one door, with no other wall penetration, no roof penetration, and no floor penetration; and E. The exterior wall surface of non-accessory sheds shall be constructed of wood; and F. Non-accessory sheds may not use electrical or fixtures and/or equipment, and may not hook up to electricity or plumbing; and G. The roofs of all non-accessory structures shall be constructed of wood or composition; and H. Regardless of the actual zoning designation of the undeveloped real property, non-accessory structures shall be subject to and conform with R-1 zoning setbacks and, if applicable, waterfront setbacks; and I. Non-accessory structures must comply with all federal, state, and local laws and regulations; and J. Owners of undeveloped real property upon which a non-permitted non-accessory structure exists shall make application as provided in Section 17.50.115(A); and K. Violation of any of the provisions of this section shall result in summary abatement of any and all such structures. In the event abatement by the city occurs, the property owner shall be held responsible for all costs of abatement. (Ord. 710 § 1, 2001; Ord. 692 § 2, 2000)

Page 54 of 74 Ordinance No. 17.50.120 Fences, walls and vegetation. A. In all districts, no fence, wall or vegetation, when used for screening, may exceed six feet in height with the following exceptions: 1. Fences, walls or hedges may exceed six feet when not built or placed on a required yard. 2. In the residential districts the planning director or in his absence the city manager or his designee may approve fences, walls or hedges higher than six feet within a required interior side yard or required rear yard, where the adjacent property is at a higher elevation and such extra fence height is necessary to obtain privacy. 3. Limitations on height shall not be deemed to prohibit safety or security fences of any height necessary for public playgrounds, public utilities, industries and other public installations. B. No fence, wall or hedge shall contain barbed wire, electrical current or charge of electricity, broken glass or similar hazardous materials or devices except where livestock is to be contained by barbed or electrically charged wire, in which case the fence shall be located not closer than five feet from the property line. When an adjacent existing fence, wall or hedge on a property line dividing properties under separate ownerships establishes a barrier then such barbed wire fences may be placed on the property line with the mutual consent of the property owners. Fences enclosing storage areas in industrial districts may use barbed wire so long as such wire is located not less than six feet above grade. C. The city planner may require redesign or relocation of a fence, wall or hedge if such is deemed to create a traffic hazard, even if such fence, wall or hedge does conform to other regulations. (Ord. 611, 1997; Ord. 136 § 6.12, 1974) 17.50.130 Visibility at intersection in residential districts. On any corner lot on any intersection where any of the corner lots of such intersection are in a residential district, nothing shall be erected, placed, planted or let to grow between two and one- half feet to ten feet above the centerline grade so as to materially prevent a motorist, whose head is located at a distance of sixty-five feet from the intersecting centerline, from seeing down the intersecting street in either direction for a distance of ninety feet from the centerline intersection. In a case where the street centerlines intersect at less than a ninety-degree angle then the sight distance shall be ninety feet plus one and one-half feet for every degree less than ninety degrees. (Ord. 136 § 6.13, 1974) 17.50.140 Off-street loading. Sufficient off-street loading facilities will be provided at the time of construction or structural alteration of any business so as not to utilize any public right-of-way for loading or unloading purposes. (Ord. 136 § 6.14, 1974) 17.50.150 Erection of more than one principal structure on a lot. With the exception of parcels zoned R-1, single-family residential, more than one structure housing a permitted or permissible principal use may be erected on a single lot provided that yard and area requirements shall be met for each structure and the total of all structures as though the structure(s) were on an individual lot. (Ord. 343 § 3, 1982: Ord. 136 § 6.15, 1974)

Page 55 of 74 Ordinance No. 17.50.160 Structures to have access. Every building hereafter erected or moved shall be on a lot adjacent to a public street, or with access by private street, and all structures shall be so located on lots so as to provide safe and convenient access for servicing, fire protection and required off-street parking. (Ord. 136 § 6.16, 1974) 17.50.170 Exceptions to height regulations. The height limitations do not apply to spires, belfries, cupolas, antennas, water tanks, ventilators, chimneys or other appurtenances usually required to be placed above the roof level and not intended for human occupancy. (Ord. 136 § 6.17, 1974) 17.50.180 Habitation of temporary structures. No structure of a temporary character, basement, tent, shack, garage, barn or any other outbuilding shall be used on any lot at any time as a permanent or seasonal residence except as provided for in Chapters , 17.46 and Section 17.50.200. (Ord. 136 § 6.18, 1974) 17.50.190 Special lot size provisions. For or rowhouses the minimum lot size and width requirements may be reduced subject to obtaining a conditional use permit or by a planned development, whichever is required by the zoning district. Lots shall include the land area within the exterior walls of the dwelling and may include additional open area. Lots shall have twenty feet of frontage on a public street or the intervening area between the lot and the street shall be in common ownership. The total area of all lots and contiguous areas in common ownership shall not be less than the total area which would have been used by standard development. The provisions of this section shall only apply where the total area of all lots and contiguous areas in common ownership is less than one acre. Townhouses or rowhouse developments shall comply with the requirements of the subdivision ordinance codified in Title 16 of this code. (Ord. 136 § 6.20, 1974) 17.50.200 Recreational vehicles—Definitions—Placement—Penalties. A. For the uses and purposes herein, a recreational vehicle is defined in Section 17.04.475: B Outdoor storage of recreational vehicles in association with a residential use is only allowed as provided herein; any other placement is declared to be a nuisance subject to abatement as provided by law. 1. Recreational vehicles must be at least ten feet from any property line adjacent to any street, public or otherwise, and may be stored only on property which has a permanent building thereon. 2. They may not be placed on any required yard, provided however, that the hearing examiner shall be empowered to make exceptions when it appears: a. That the lot owner has no other location on his lot to place his vehicle; b. The lot owner is not attempting to place more than one such vehicle on his premises; and c. A safety hazard would not result from the exception being made; 3. No recreational vehicles stored pursuant to this section may be used for permanent or seasonal living, sleeping or housekeeping purposes. Use of recreational vehicles for camping or temporary housing is allowed only in conformance with Chapter 15.12. 4. The recreational vehicle must be owned by and registered to a resident of the property

Page 56 of 74 Ordinance No. on which it is stored. C. Any violation of this section is declared to be a civil infraction. Each day the violation continues is a separate infraction. D. The above provisions do not apply to a legally established storage business located in an appropriate zone for such use or otherwise lawfully existing. (Ord. 714 § 15, 2001; Ord. 691 § 3, 2000; Ord. 149 §§ 1—3, 1974: Ord. 136 § 6.19, 1974) 17.50.210 Architectural features. A. No dwelling structure shall occupy more than forty percent of total lot area. B. All lots shall be seven thousand two hundred square feet minimum except lots as platted on date of adoption of the ordinance codified in this chapter. C. Provisions for off-street parking in all use districts shall be mandatory. D. No dwelling shall be permitted on any lot wherein the main floor area of the main structure, exclusive of open porches and garages, shall be less than the minimum floor space shown in the following schedule:

Division Number Minimum in Square Feet 1, 2, 3, 4, 5, 5A, 6, 7, 8, 9 650 10, 11 800 12 650—excluding trailers and mobile homes. 14, 15, 16, 17, 21 800—on waterfront lots. 650—all other lots. 17A, 18, 19, 19A, 20, 22, 23, 24, 24A 1000—on waterfront lots. 800—all other lots. E. A more than one-story dwelling shall have a minimum main floor area of the main structure, exclusive of open porches and garages, as shown in the above schedule and in addition shall have at least a combined total floor area, exclusive of open porches and garages, of one thousand square feet. F. Chimneys, cornices, canopies and eaves or similar architectural features and fire escapes, outside stairways, and decks may project into any required yard only to the extent permitted by the building code. (Ord. 136 § 6.21, 1974) 17.50.220 Airports and heliports. Airports and heliports shall require conditional use permits to locate anywhere in the city unless established by a plat or replat. At the time of application for a permit, the city council shall promulgate rules, by ordinance, to cover the height and type of buildings which may be built around the airport or heliport. Such rules shall define the distance and area around the airport or heliport which is subject to the rules, and further, the rules will specify the allowable uses of land as well as building height and type. When adopted, such rules will be incorporated into, and shall be considered a part of, this title. (Ord. 136 § 6.22, 1974) 17.50.230 Float and pier regulations. The following regulations shall control the location, construction, maintenance and use of floats and piers:

Page 57 of 74 Ordinance No. A. Only one pier or float will be allowed for any parcel or adjacent parcels of land under one ownership, with the exception of areas zoned B-2, for which additional docks or floats may be authorized by the city council. B. Floats and piers may not extend beyond the existing ordinary water line by more than thirty feet on lakefront property and ten feet on canals. C. Floats and piers shall not obstruct more than fifty percent of the shoreline of the parcel or parcels, except for R-5, R-9 and B-1 zones, which may be obstructed a maximum of seventy-five percent. D. Boats may not be used for permanent living quarters, except in a recognized marina where suitable sanitary facilities are provided. E. Boathouses and boat garages are not permitted over the inland navigable waters. F. Floats and piers must be stable when walked upon and the deck may not be higher than three feet zero inches above the ordinary high water line. G. A permit from the building department will be required for all piers and floats. H. Floats and piers may only be constructed as authorized by the Department of Fish and Wildlife. (Ord. 367, 1983) 17.50.240 Bulkheads and water barriers. The following regulations shall control the location, construction, design and maintenance of bulkheads and water barriers, or any other such device designed to protect shorelines and/or dissipate wave energy: A. Bulkheads shall be constructed landward of the ordinary high watermark as defined by Washington State statutes. B. Care shall be exercised in design and construction to not cause excessive erosion on adjacent properties. C. A permit shall be obtained from the city building department. Plans stamped by a qualified licensed engineer shall be submitted to the building department with the permit application and a fee of one hundred twenty-five dollars. D. Permit applications shall also be obtained from the Department of Fish and Wildlife. In addition, a shoreline permit and U.S. Government Army Corps of Engineers permit may be necessary. Applicants should confer with the city building department to determine whether shoreline permits and Corps of Engineer permits are required.

17.50.250 Accessory Dwelling Units Accessory dwelling units (ADU) are permitted in association with a single-family residence in all residential districts subject to the following requirements: A. One (1) ADU shall be allowed per residential lot in conjunction with any detached single- family structure. B. The ADU shall be permitted as a second dwelling unit added to, created within, or detached from the original dwelling. The ADU shall be designed, oriented and constructed in a way that maintains, to the extent practical, the appearance of the primary structure as a single family residence and the privacy of residents in adjoining dwellings. If located in an accessory structure, the accessory structure must comply with the requirements of Section 17.50.110.

Page 58 of 74 Ordinance No. C. The ADU shall have a gross floor area of no more than eight hundred (800) square feet, and no more than the forty percent (40%) of the gross floor area of the primary residence whichever is less. No more than one (1) family shall be allowed to occupy an ADU. Occupancy of the accessory unit is limited to family members related by blood, marriage, or adoption to the occupant of the single family residence that is the primary unit or persons providing nursing or in-home care to the occupant of the single family residence that is the primary unit, in exchange for lodging. (Ord. 545 § 1, 1992) Chapter 17.51 ZONING AMENDMENTS Sections: 17.51.010 Application and initiation. 17.51.020 Consideration. 17.51.030 Option to recommend more restrictive classification. 17.51.040 Hearing notification. 17.51.050 Hearing—Reclassification of property advertised. 17.51.010 Application and initiation. The text of this title or the zoning classification of property may be amended by ordinance, subject to the requirements set out in this chapter. Amendments may be initiated by: (a) the verified application of one or more property owners where a rezone is proposed; or (b) the verified application of one or more property owners, or by the city council where special districts are proposed; or (c) by the city council in connection with the city’s ongoing land use planning efforts where either reclassification, map amendment, or amendment to the text of Ocean Shores Municipal Code Chapter 17.51 is proposed; or (d) the adoption of a motion by the city council where either reclassification of city-owned property, map amendment of city-owned property, or amendment to the text of Ocean Shores Municipal Code is proposed. (Ord. 754 § 2, 2003: Ord. 741 § 3 (part), 2002) 17.51.020 Consideration. A. Upon receipt of an amendment application initiated by a private property owner, the planning director or designee shall schedule a public hearing before the planning commission, (hereinafter referred to as the "initial public hearing") and shall give notice pursuant to Section 17.51.050(A). The initial public hearing may be continued for a longer period of time with the written consent of the applicant. Within thirty days after the initial public hearing, the planning director or designee shall forward the planning commission’s recommendation and a draft ordinance to the city clerk who shall schedule a public hearing before the city council, and shall give notice pursuant to Section 17.51.050(A). Conclusive action on an application or adopted motion shall be taken within ninety days of the initial public hearing. Enactment of an ordinance by the city council approving an amendment shall constitute final action. If the request is denied by the city council, the adoption of the motion by a roll call vote shall be considered final action. Written notice of the final action shall be forwarded by city staff to the applicant and attached to the permanent file. B. Upon receipt of a request for creation of a special district, regardless of how initiated, the planning director or designee shall schedule an initial public hearing before the planning

Page 59 of 74 Ordinance No. commission, and shall give notice pursuant to Section 17.51.050(B). The initial public hearing may be continued for a longer period of time with the written consent of the applicant. Within thirty days after the initial public hearing, the planning director or designee shall forward the planning commission’s recommendation and a draft ordinance to the city clerk who shall schedule a public hearing before the city council, and shall give notice pursuant to Section 17.51.050(B). Conclusive action on an application or adopted motion shall be taken within one hundred twenty days of the initial public hearing. Enactment of an ordinance by the city council approving an amendment shall constitute final action. If the request is denied by the city council, the adoption of the motion by a roll call vote shall be considered final action. Written notice of the final action shall be forwarded by city staff to the applicant and attached to the permanent file. C. Upon the adoption of a motion by the city council, or at the direction of the city council where a zoning amendment of property is proposed in accordance with the city’s ongoing land use planning efforts, the city clerk or designee shall schedule a public hearing before the city council and shall give notice pursuant to Section 17.51.050(C). Conclusive action on a proposed amendment shall be taken within one hundred twenty days of the public hearing. Enactment of an ordinance by the city council approving an amendment shall constitute final action. If the request is denied by the city council, the adoption of the motion by a roll call vote shall be considered final action. Written notice of the final action shall be attached to the permanent file. D. Upon the adoption of a motion by the city council, or at the direction of the city council where a zoning amendment of city-owned property is proposed, the city clerk or designee shall schedule a public hearing of the proposed ordinance before the city council, and shall give notice pursuant to Section 17.51.050(D). Enactment of an ordinance by the city council approving an amendment shall constitute final action. E. Upon receiving a proposed amendment to the text of Ocean Shores Municipal Code Chapter 17.51, the city clerk or designee shall schedule a first reading of the proposed ordinance before the city council, and shall give notice pursuant to Ocean Shores Municipal Code Section 1.06.010 and Chapter 42.30 RCW, the Open Public Meetings Act. (Ord. 797 § 1, 2005; Ord. 754 § 3, 2003: Ord. 741 § 3 (part), 2002) 17.51.030 Option to recommend more restrictive classification. Where the planning commission and the city council are considering an application to reclassify property, they shall have the option of recommending and approving respectively a classification more restrictive than that applied for; provided, that in each case they shall have first considered and disapproved the requested classification. If the applicant does not desire a more restrictive zone, he/she may withdraw the application prior to final action by the city council. Public hearing notification shall, in addition to indicating the requested classification, indicate "or more restrictive district.” (Ord. 741 § 3 (part), 2002) 17.51.040 Hearing notification. Public hearings required by this title shall be advertised as set forth in this section. All proposed amendments to this chapter shall be advertised by at least one publication in a newspaper of general circulation in the city at least ten days before the public hearing. Such notice shall include the time and place of the public hearing, a brief description of the amendment, and shall indicate that copies of the proposed amendment are available from the planning director or city clerk. (Ord. 754 § 4, 2003: Ord. 741 § 3 (part), 2002)

Page 60 of 74 Ordinance No. 17.51.050 Hearing—Reclassification of property advertised. A. Zoning amendments initiated by private property owners shall be advertised by at least one publication in a newspaper of general circulation in the city at least ten days before any public hearing in accordance with Section 17.51.040 herein. In addition, written notice indicating the existing and required zoning, the location of the subject property (not necessarily a legal description), the nature of the requested rezone and/or zoning amendment, and the time and place of the public hearing shall be mailed to all property owners of record within three hundred feet from the exterior boundaries of the subject property. The written notice shall be sent not less than twelve days prior to the public hearing. Failure to receive a duly-mailed notice under this section shall not affect the legality of any testimony or action taken. B. Creation of special districts, regardless of how initiated, shall be advertised by at least one publication in a newspaper of general circulation in the city at least ten days before any public hearing in accordance with Section 17.51.040 herein. In addition, written notice indicating the existing and required zoning, the location of the subject property (not necessarily a legal description), the nature of the requested special district, and the time and place of the public hearing shall be mailed to all property owners of record within three hundred feet from the exterior boundaries of the subject property. The written notice shall be sent not less than twelve days prior to the public hearing. Failure to receive a duly-mailed notice under this section shall not affect the legality of any testimony or action taken. C. Zoning amendments initiated by the city council which are related to the city’s ongoing land use planning efforts shall require a public hearing before the council prior to enactment of any such zoning amendment. Notice of such public hearing shall be given in accordance with Section 17.51.040 herein. D. Zoning amendments of city-owned properties initiated by the city council shall require a public hearing before the council prior to enactment of any such zoning amendment. Notice of such public hearing shall be given in accordance with Section 17.51.040 herein. (Ord. 754 § 5, 2003: Ord. 741 § 3 (part), 2002) Chapter 17.52 CONDITIONAL USES AND VARIANCES Sections: 17.52.010 Generally. 17.52.020 Variances. 17.52.030 Justification for variance. 17.52.040 Conditional uses. 17.52.050 Justification of conditional use. 17.52.060 Application and procedures. 17.52.070 Appeals. 17.52.080 Revocation and expiration. 17.52.090 Hearing—Conditional use permits, variances, advertised. 17.52.010 Generally. From time to time persons may encounter difficulties or unfairness’s which result from the strict interpretation of this title. So that this title will not impede proper development or cause inequity, two mechanisms are provided to grant relief in extenuating circumstances. Variances

Page 61 of 74 Ordinance No. are addressed to regulations which pertain to dimensions. Conditional uses are addressed to uses specifically. The guiding philosophy in the granting or withholding of variances and conditional uses shall be: A. Preservation of the integrity of the comprehensive plan; B. Preservation of the integrity of the basic goals and concepts of the zoning ordinance and other development control ordinances; C. Preservation of the public health, safety and welfare. (Ord. 136 § 8.01, 1974) 17.52.020 Variances. The hearing examiner shall have the authority to grant a variance from the provisions of this title, subject to the following provisions. Any variance granted shall be subject to such conditions as will assure that the variance does not constitute a grant of special privilege inconsistent with the limitation upon other properties in the vicinity and zone in which the subject property is located. (Ord. 714 § 16, 2001; Ord. 136 § 8.02, 1974) 17.52.030 Criteria for consideration of a variance. Before any variance may be granted the hearing examiner shall determine: A. That because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of this title is found to deprive the subject property of rights and privileges enjoyed by other properties in the vicinity and under identical zone classification. B. That the granting of the variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and zone in which subject property is situated. (Ord. 714 § 17, 2001; Ord. 136 § 8.03, 1974) 17.52.040 Conditional uses. The hearing examiner shall be the authority which grants or denies applications for conditional use permits. The granting of such permits shall not allow a deterioration of the intent of the district in which the application is intended nor shall there be a grant of any special privilege not available to other properties of the same district. (Ord. 714 § 18, 2001; Ord. 136 § 8.04, 1974) 17.52.050 Criteria for consideration of a conditional use. Before any conditional use permit is granted, the hearing examiner must determine the following: A. The use applied for is either listed as a "conditional uses" in the district or that it is significantly similar to one or more of the listed uses; B. Approval of the permit will be substantially consistent with the purpose of the district and applicable provisions of the comprehensive plan, and will not adversely affect other uses and properties in the immediate vicinity; C. Granting the permit does not reduce the dimensional requirements of the district; D. No nuisance to life, limb or property will develop. (Ord. 714 § 19, 2001; Ord. 136 § 8.05, 1974) 17.52.060 Application and procedures. The same procedure is used for application for both variance and conditional use permits. A. Step 1: The applicant applies to the planning director or in his absence the city manager or his

Page 62 of 74 Ordinance No. designee on forms provided by the city. With the information required on the form the applicant also shall submit the application fee and six copies of the material required by the application form. B. Step 2: The planning director or in his absence the city manager or his designee shall examine the material submitted and if all is in order, he shall schedule a public hearing before the hearing examiner. C. Step 3: At the hearing, the hearing examiner shall examine the application, materials and the reports of all agencies wishing to express an opinion. The hearing examiner shall then hear the testimony of any and all members of the public wishing to express an opinion. A decision shall then be made, or if more information is deemed necessary, the hearing may be continued to a special meeting or the next regular meeting of the hearing examiner; however, in no case shall there fail to be a decision by the end of the next regular meeting of the hearing examiner which follows the meeting at which the hearing was begun. The applicant may allow further continuation by so stating in a letter to the hearing examiner. (Ord. 714 §§ 20, 21, 2001; Ord. 611, 1997; Ord. 136 § 8.06, 1974) 17.52.070 Appeals. The decision of the hearing examiner shall be final unless an appeal is filed pursuant to Section 17.61.160. The filing of such an appeal shall stay the decision until such time as the administrative appeal is adjudicated or withdrawn. No construction on the subject application is allowed during consideration of administrative appeal. (Ord. 808 § 6, 2006: Ord. 714 § 22, 2001; Ord. 136 § 8.07, 1974) 17.52.080 Revocation and expiration. A. The hearing examiner may revoke or modify any variance or conditional use permit. Such revocation or modification shall be made on any one or more of the following grounds: 1. That the approval was obtained by fraud; 2. That the permit or variance is being exercised contrary to the terms or conditions of such approval or in violation of any statute, resolution, code, law or regulation; or 3. That the use for which the approval was granted is being exercised so as to be detrimental to the public health, safety or welfare. B. The hearing examiner may initiate proceedings to revoke a conditional use permit or variance. Individuals who are aggrieved may petition the hearing examiner which shall hold a public hearing and procedures concerning notice, report and appeals shall be the same as required by this title for the initial consideration thereof. C. Any permit or variance becomes null and void if not exercised within the time specified in such permit or variance, or, if no date is specified, within one year from the effective date of approval. Permits or variances shall become null and void if the approved use has been abandoned or discontinued for one year or more. (Ord. 741 § 5, 2002; Ord. 136 § 8.08, 1974) 17.52.090 Hearing—Conditional use permits, variances, advertised. Conditional use permits and variance applications shall be advertised by mailing a written notice to all property owners of record within three hundred feet from the exterior boundaries of the subject property not less than twelve days prior to the hearing. Notice shall identify the property (not necessarily a legal description), the nature of the requested or proposed variance or use, and

Page 63 of 74 Ordinance No. the time and place of the hearing. Failure to receive a duly mailed notice shall not affect the legality of any testimony or action taken at the meeting. (Ord. 741 § 4, 2002; Ord. 136 § 9.03(c), 1974) Chapter 17.54 OFF-STREET PARKING Sections: 17.54.010 Policy. 17.54.020 Space and access. 17.54.030 Location. 17.54.040 Multi-level building. 17.54.050 Change of use, alteration, expansion or enlargement. 17.54.060 Uses not specified. 17.54.070 Joint use. 17.54.080 Plans shall be submitted. 17.54.090 Additional requirements. 17.54.100 Table of minimum standards. 17.54.010 Policy. In all districts there shall be provided at the time of erecting new structures, or at the time of enlarging, moving or increasing the capacity by creating or adding dwelling units, commercial or industrial floor space, or seating facilities, minimum off-street parking provisions with adequate provisions for ingress and egress to the street. (Ord. 136 § 6.23, 1974) 17.54.020 Space and access. Each off-street parking space shall have a net area of not less than two hundred square feet exclusive of access or aisles, and shall be of usable shape and condition. If determined on a gross area basis, not less than three hundred square feet shall be allowed per vehicle. Single family and duplex parking areas need not provide unobstructed ingress and egress for each space; however, all parking lots over six spaces must provide unobstructed ingress and egress for each space. (Ord. 136 § 6.24, 1974) 17.54.030 Location. Off-street facilities shall be located as hereinafter specified. A. For all dwelling structures except apartment houses with more than four dwelling units, off- street parking shall be located on the same parcel with the building they are required to serve. B. The minimum required parking serving a facility shall be located on the same side of the street as that facility. C. The minimum required parking serving a facility shall be located on property contiguous to the property on which that facility is located. D. Exceptions to the above may be made by the hearing examiner if appropriate. (Ord. 764 § 4, 2003; Ord. 136 § 6.25, 1974) 17.54.040 Multi-level building. Each floor of a building will be evaluated separately for determining parking requirements. and storage areas will not be considered, except when basements contain , work areas or sales areas. (Ord. 136 § 6.26, 1974)

Page 64 of 74 Ordinance No. 17.54.050 Change of use, alteration, expansion or enlargement. Whenever a building is enlarged or altered, or whenever the use of a building or property changes, off-street parking shall be provided for such expansion, enlargement or change in use in accordance with the requirements of the title; provided, however, that no additional off-street parking space need be provided where the number of parking spaces required for such expansion, enlargement or change in use since the effective date of the ordinance codified in this title is the same as the parking spaces specified in this title. (Ord. 136 § 6.27, 1974) 17.54.060 Uses not specified. In the case of a use not specifically mentioned in Section 17.54.100, the requirements for off- street parking facilities shall be determined by the city planner. Such determination shall be based upon the requirements for the most comparable use listed. (Ord. 611, 1997; Ord. 136 § 6.28, 1974) 17.54.070 Joint use. The city planner may authorize the joint use of parking facilities under the following conditions: A. Owners of two or more buildings or lots may agree to utilize jointly the same parking space, subject to such conditions as may be imposed by the city planner including but not limited to the following: 1. Satisfactory legal evidence shall be presented in the form of deeds, leases or contracts to establish ownership. 2. Evidence shall be presented that there is no substantial conflict in the principal operating hours of the building or uses for which joint off-street parking is proposed. Subsections B through F of this section shall be used as guidelines for such evidence. 3. The agreement to utilize jointly the same parking space shall be in writing and narrate the evidence provided under subsections (A)(1) and (2) of this section, shall be signed by the owners, and filed with the city planner. B. Subject to subsection A of this section, up to fifty percent of the parking facilities required by this title for a theater, bowling alley, dance hall, bar or restaurant may be supplied by the off- street parking facilities provided by certain other types of buildings or uses herein referred to as "daytime" uses in subsection E of this section. C. Subject to subsection A of this section, up to fifty percent of the off-street parking facilities required for any building or use specified in subsection E of this section, "daytime uses," may be supplied by the parking facilities provided by uses herein referred to as "nighttime uses" in subsection F of this section. D. Subject to subsection A of this section, up to one hundred percent of the parking facilities required for a church or for an auditorium incidental to a public or parochial school may be supplied by the off-street parking facilities provided by uses herein referred to as "daytime uses" in subsection E of this section. E. For the purpose of this section, the following and similar uses are considered as primary daytime uses: banks, offices, retail, personal service shops, household equipment or furniture stores, clothing or shoe repair shops, manufacturing or wholesale buildings and similar uses. F. For the purpose of this section, the following and similar uses are considered as primary nighttime or Sunday uses: auditorium incidental to a public or parochial school, churches, bowling alleys, dance , theaters, bars or restaurants.

Page 65 of 74 Ordinance No. (Ord. 611, 1997; Ord. 136 § 6.29, 1974) 17.54.080 Plans shall be submitted. A. Every tract or lot hereafter used as a public or private parking area, having a capacity of six or more vehicles, shall be developed and maintained in accordance with the requirements and standards of this title. B. The plan of the proposed parking area shall be submitted to the city planner for approval at the time of the application for the building for which the parking area is required. The plan shall clearly indicate the proposed development, including location, size, shape, design, curb cuts, lighting and other features and appurtenances required. (Ord. 611, 1997; Ord. 136 § 6.30, 1974) 17.54.090 Additional requirements. In addition to the basic standards and requirements established by other sections of this title, the planning director or in his absence the city manager or his designee may make such other requirements or restrictions as shall be deemed necessary in the interests of safety, health and general welfare of the city, including but not limited to lighting, joint development of parking facilities, entrances and exits and accessory uses. Further, performance bonds may be required in such cases where the planning director or in his absence the city manager or his designee determines that such shall be necessary to guarantee proper completion of improvements within time periods specified. (Ord. 611, 1997; Ord. 136 § 6.31, 1974) 17.54.100 Table of minimum standards. Minimum off-street parking standards shall be as follows: A. All residential: 1. Single family detached, one space per and a minimum of two spaces per single family dwelling unit, 2. Multiple family, one and one-half spaces for each unit, room or suite, 3. Single family trailer or mobile home, one space per bedroom and a minimum of two spaces per single family dwelling unit; B. All transient facilities, one space for each unit, room or suite; C. All nonretail professional or business services with on-premises service, two spaces per professional employee or partner, and one additional space per nonprofessional employee; D. All nonretail professional and business services with off-premises delivery of service only, one space for each employee or partner; E. Retail outlet other than food and drugstore, one space per five hundred square feet of gross floor area; F. Retail outlet (principally food and drug), one space for each two hundred fifty square feet of gross floor area; G. Shopping centers and combined retail complexes, one space for each two hundred fifty square feet of gross floor area; H. All industrial, warehouses, etc., one space per employee based on maximum number of employees during the heaviest working shift; I. All amusement places, churches, eating places, taverns, theaters, etc., one space per three persons of legal or practical occupancy plus one for every employee;

Page 66 of 74 Ordinance No. J. All other uses not specified above and not similar to any of the above categories, one space for every two persons of legal or practical occupancy plus one space for every employee. (Ord. 520 § 1, 1991; Ord. 345, 1982: Ord. 136 § 6.32, 1974) Chapter 17.58 APPEALS Sections: 17.58.010 Authority. 17.58.020 Consideration. 17.58.010 Authority. The hearing examiner shall have the authority to hear and decide appeals from any administrative decision or determination made by an officer in the administration or enforcement of this title. Appeals from administrative decisions may be filed by an aggrieved person, or by an officer, department, board or bureau of the city affected by the decision. Such appeals shall be filed in duplicate with the city planner within twenty days of the date of the decision being appealed. (Ord. 714 § 24, 2001; Ord. 611, 1997; Ord. 136 § 10.01, 1974) 17.58.020 Consideration. The city planner shall schedule consideration of the appeal and shall send a copy of the appeal and a notice of the time and place of the meeting to the officer whose decision is being appealed, and notice of the meeting shall be sent to the adverse parties of record. Such officer shall forthwith transmit to the hearing examiner all records pertaining to the decision together with such additional written report as he deems pertinent. The hearing examiner shall hear evidence from all affected parties and shall render a decision on the appeal within thirty days of the initial meeting. The hearing examiner may, in conformity with this title, reverse or affirm, wholly or in part, or may modify the decision appealed from. If an administrative decision is reversed or modified, the record shall show the findings and facts upon which the hearing examiner made its determination. Notice of the decision shall be sent to the administrative officer and the applicant. The hearing examiner’s decision shall be final unless an appeal is filed pursuant to Section 17.61.160. (Ord. 808 § 7, 2006: Ord. 714 § 25, 2001; Ord. 611, 1997; Ord. 136 § 10.02, 1974) Chapter 17.61 LAND USE HEARING EXAMINER Sections: 17.61.010 Title. 17.61.020 General objectives. 17.61.030 Office created. 17.61.040 Appointment and terms. 17.61.050 Compensation. 17.61.060 Qualifications. 17.61.070 Examiner pro-tem—Qualification and duties. 17.61.080 Hearing examiner—Conflict of interest and freedom from improper influence. 17.61.090 Attempts to interfere or improperly influence examiner prohibited. 17.61.100 Duties of the examiner. 17.61.110 Applications.

Page 67 of 74 Ordinance No. 17.61.120 Report by staff. 17.61.130 Public hearing. 17.61.140 Examiner’s decision and recommendation—Findings required. 17.61.150 Reconsideration. 17.61.160 Appeal of examiner’s decision. 17.61.170 Council action. 17.61.180 Computation of time. 17.61.010 Title. The ordinance codified in this chapter shall be hereinafter known as the "Land Use Hearing Examiner Ordinance" or the "Hearing Examiner Ordinance" and may be cited as such, and will be hereafter referred to as "this chapter.” (Ord. 493 § 1, 1990) 17.61.020 General objectives. It is the general objective of this chapter to: A. Provide a single, efficient, integrated land use regulatory hearing system; B. Render land use regulatory decisions and recommendations to the city council; C. Provide a greater degree of due process in land use regulatory hearings; D. Separate the land use policy formulation and the land use policy administration processes. (Ord. 493 § 2, 1990) 17.61.030 Office created. The office of the land use hearing examiner, hereinafter referred to as examiner, is hereby created. The examiner shall interpret, review, and implement land use regulations as provided in this chapter and other ordinances. The term examiner shall likewise include the examiner pro- tem. (Ord. 493 § 3, 1990) 17.61.040 Appointment and terms. The hearing examiner and examiner pro-tem shall be appointed by the mayor and confirmed by the city council. (Ord. 493 § 4, 1990) 17.61.050 Compensation. The examiner and examiner pro-tem may, at the discretion of the city council, be classified as permanent part-time employees, or the city may contract with the examiner and examiner pro- tem for the performance of duties described herein. The compensation to be paid the examiner and examiner pro-tem shall be established by the city council. (Ord. 493 § 5, 1990) 17.61.060 Qualifications. The examiner and examiner pro-tem shall be appointed solely with regard to their qualifications for the duties of the office which shall include, but not be limited to, persons with appropriate educational experience, such as urban planner, with at least five years experience, persons who have extensive experience in planning work in a responsible capacity, persons with legal experience, particularly where that experience is in the area of land use management or administrative law. (Ord. 493 § 6, 1990) 17.61.070 Examiner pro-tem—Qualification and duties. The examiner pro-tem shall, in the event of the absence or the inability of the examiner to act,

Page 68 of 74 Ordinance No. have all the duties and powers of the examiner. (Ord. 493 § 7, 1990) 17.61.080 Hearing examiner—Conflict of interest and freedom from improper influence. A. The examiner shall not conduct or participate in any hearing or decision in which the examiner has a direct or indirect personal interest which might exert such influence upon the examiner that might interfere with his or her decision-making process. Any actual or potential conflict of interest shall be disclosed to the parties immediately upon discovery of such conflict. The hearing shall then be conducted by the examiner pro-tem. B. Participants in the land use regulatory process have the right, insofar as possible, to have the examiner free from personal interest or pre-hearing contracts on land use regulatory matters considered by him or her. It is recognized that there is a countervailing public right to free access to public officials on any matter. If such personal or pre-hearing interest contract impairs the examiner’s ability to act on the matter, such person shall so state and shall abstain there from to the end that the proceeding is fair and has the appearance of fairness. (Ord. 493 § 8, 1990) 17.61.090 Attempts to interfere or improperly influence examiner prohibited. No council member, city official, or any other person shall attempt to interfere with, or improperly influence the examiner in the performance of his or her designated duties. (Ord. 493 § 9, 1990) 17.61.100 Duties of the examiner. A. Applications. 1. The examiner shall receive and examine available information, conduct public hearings, prepare a record thereof, and enter findings of fact and conclusions based upon those facts, which conclusions shall represent the final action on the application, unless appealed as herein below specified, for the following types of applications: a. Conditional use permits; b. Variances; c. Appeals of administrative short plats; d. Appeals from administrative determination of the city’s land use regulation codes; e. Application for any other land use regulatory permits which may be required by ordinance; f. Appeals from the SEPA determination of the responsible city official when such appeals are permitted by Chapter 19.04. 2. The examiner shall receive and examine available information, conduct public hearings, prepare a record thereof and enter findings of fact and conclusions based upon those facts together with a recommendation to the city council, for the following applications: a. Planned unit developments; b. Site plans; c. Shoreline permits. 3. The examiner shall conduct public hearings relative to possible revocation of any conditional use permit, and conduct such other hearings as the council may from time to time deem appropriate.

Page 69 of 74 Ordinance No. B. Recommendation or Decision. 1. The examiner’s recommendation or decision may be to grant or deny the application, or the examiner may recommend or require of the applicant such conditions, modifications and restrictions as the examiner finds necessary to make the application compatible with its environment and carry out the objectives and goals of the comprehensive plan, the zoning code, the subdivision code, and other codes and ordinances of the city. Conditions, modifications and restrictions which may be imposed are, but are not limited to, additional setbacks, screenings in the form of landscaping and fencing, covenants, public works-type improvements, easements and dedications of additional road rights-of-way; performance bonds may be required to insure compliance with conditions, modifications and restrictions. 2. In regard to applications for rezone, preliminary plat approval and PUDs, the examiner’s findings and conclusions shall be submitted to the city council, which shall have the final authority to act on such applications. The hearing by the examiner shall constitute the hearing by the city council. (Ord. 808 § 8, 2006: Ord. 741 § 1, 2002; Ord. 493 § 10, 1990) 17.61.110 Applications. Applications for all matters to be heard by the examiner shall be presented to the city planner. When it is found an application meets the final requirements, it shall be accepted. The city planner shall be responsible for assigning a date of public hearing for each application, which date shall not be more than forty-five days after the applicant has complied with all of the requirements and furnished all necessary data. (Ord. 611, 1997; Ord. 493 § 11, 1990) 17.61.120 Report by staff. When such application has been set for public hearing, the city planner shall coordinate and assemble the comments and recommendations of the city departments and governmental agencies having an interest in the subject application and shall prepare a report summarizing the factors involved and the city staff’s findings and supportive recommendations. At least seven calendar days prior to the scheduled hearing, the report shall be filed with the examiner and copies thereof shall be mailed to the applicant and shall be made available for use by an interested party for the cost of reproduction. (Ord. 611, 1997; Ord. 493 § 12, 1990) 17.61.130 Public hearing. Before rendering a decision or recommendation on any application, the examiner shall hold at least one public hearing thereon. Notice of the time and place of the public hearing shall be given as provided in the ordinance governing the application. If none is specifically set forth, such notice shall be given at least ten days prior to such hearing. The examiner shall have the power to prescribe rules and regulations for the conduct of hearings under this chapter and also to administer oaths, and preserve order. (Ord. 493 § 13, 1990) 17.61.140 Examiner’s decision and recommendation—Findings required. A. When the examiner renders a decision or recommendation, the examiner shall make and enter written findings from the record and conclusions there from which support such decision, which decision shall be rendered by the tenth day following the conclusion of the hearing. A copy of

Page 70 of 74 Ordinance No. such decision including findings and conclusions shall be transmitted by certified mail, return receipt requested, to the applicant and other parties of record requesting the same. B. In the case of applications requiring council approval, the examiner shall file a decision with the city council at the expiration of the period provided for a re-hearing or on the tenth day following the conclusion of a re-hearing, if one is conducted. (Ord. 493 § 14, 1990) 17.61.150 Reconsideration. Any aggrieved person feeling that the decision of the examiner is based on erroneous procedures, errors of law or fact, error in judgment, or the discovery of new evidence which could not be reasonably available at the prior hearing, may make a written request for reconsideration by the examiner within ten days of the date the decision is rendered. This request shall set forth the specific errors or new information relied upon by such appellant, and the examiner may, after review of the record, take further action as he or she deems proper. (Ord. 493 § 15, 1990) 17.61.160 Appeal of examiner’s decision. A. Except as provided in subsection D of this section, any party who feels aggrieved by the examiner’s decision may submit an appeal in writing to the city planner within fourteen days from the date the final decision of the examiner is rendered, requesting a review of such decision. B. Such appeal shall be upon the record, established and made at the hearing held by the examiner. Whenever a decision of the examiner is reviewed by the city council pursuant to this section, other parties of record may submit written memoranda in support of their positions. In addition, the council shall allow each side no more than fifteen minutes of oral presentation. However, no new evidence or testimony shall be presented to the council during such oral presentation. The city council shall accept, modify or reject any findings or conclusions, or remand the decisions of the examiner for further hearing; provided that any decision of the city council shall be based on the record of the hearing conducted by the examiner; however, the council may publicly request additional information of the appellant and the examiner at its discretion. C. Upon such written appeal being filed within the time period allotted and upon payment of fees as required, a review shall be held by the city council. Such review shall be held in accordance with appeal procedures adopted by the city council by resolution. If the examiner has recommended approval of the proposal, such recommendation shall be considered by the city council at the same time as the consideration of the appeal. D. The examiner’s decision on an appeal of a threshold determination or of the adequacy of an EIS may not be appealed to the city council; successive administrative appeals on these issues within the city are not allowed. A closed record appeal to the city council of any decision by the examiner relating to the city’s conditioning or denial of a proposal under authority of SEPA is allowed. If the hearing examiner’s decision or recommendation on the underlying governmental action is subject to a closed record appeal to or hearing before the city council pursuant to this section or Section 17.61.170, the appeal shall be consolidated with any appeal or hearing of the underlying governmental action. E. Further action by the examiner shall be within thirty days of the reconsideration request. (Ord. 808 § 9, 2006: Ord. 611, 1997; Ord. 493 § 16, 1990)

Page 71 of 74 Ordinance No. 17.61.170 Council action. A. Any application requiring action by the city council shall be taken by the adoption of a resolution or ordinance by the council. When taking any such final action, the council shall make and enter findings of fact from the record and conclusions therefrom which support its action. The city council may adopt all or portions of the examiner’s findings and conclusions. B. In the case of an ordinance for rezone of property, the ordinance shall not be placed on the council’s agenda until all conditions, restrictions, or modifications which may have been stipulated by the council have been accomplished or provisions for compliance made to the satisfaction of the council. C. The action of the council approving, modifying, or rejecting a decision of the examiner shall be final and conclusive. The only available appeal shall be to a court of competent jurisdiction under the Land Use Petition Act, Chapter 36.70C RCW. (Ord. 808 § 10, 2006: Ord. 493 § 17, 1990) 17.61.180 Computation of time. In computing any period of time prescribed or allowed by these rules, the day of the act, event or default from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included, unless it is a Saturday, Sunday or a legal holiday, in which event the period runs until the end of the next day which is neither a Saturday, a Sunday nor a legal holiday. Legal holidays are prescribed in RCW 1.16.050. (Ord. 493 § 19, 1990) Chapter 17.62 VIOLATION—PENALTY Sections: 17.62.010 Enforcement duty. 17.62.020 Violation—Penalty. 17.62.030 Compliance required. 17.62.010 Enforcement duty. It shall be the duty of city planner to enforce all provisions of this title. (Ord. 611, 1997; Ord. 136 § 11.07 (part), 1974) 17.62.020 Violation—Penalty. Any violation of the provisions of this title or amendments thereto is made a Class B offense as defined in Title 7 of this code. Each day such violation continues may be considered a separate offense. (Ord. 281 § 3 (part), 1979: Ord. 136 § 11.07 (part), 1974) 17.62.030 Compliance required. Notwithstanding the imposition of any penalties hereunder, the city may institute any appropriate action or proceeding to require compliance with or to enjoin violation of the provisions of this title, or any administrative decisions made pursuant to this title. (Ord. 136 § 11.07 (part), 1974) Chapter 2.40 PLANNING AGENCY* Sections: 2.40.010 Creation—Member appointment.

Page 72 of 74 Ordinance No. 2.40.020 Terms of office. 2.40.030 Vacancies. 2.40.040 Ex officio members. 2.40.050 Powers and duties. 2.40.060 Rules of procedure. 2.40.070 Quorum. 2.40.080 Secretary—Compensation. * For provisions regarding zoning see Title 17 of this code. 2.40.010 Creation—Member appointment. Pursuant to the authority conferred by RCW Title 35A, there is created a city planning agency, which shall include a planning commission consisting of seven members of whom five shall be appointed by the mayor and confirmed by the council and of whom two shall be ex officio members by virtue of their office as councilmen and during the period of their incumbency in such offices. All members appointed hereunder shall be residents of the city. (Ord. 18 § 1 (part), 1970) 2.40.020 Terms of office. The term of office of the five members appointed by the mayor shall be six years, but of the first five members appointed, their terms shall expire, in rotation, upon the second day of January, 1973, and thence upon the second day of January of each succeeding year. The specific terms of the first five members appointed shall be fixed and designated by the mayor at the time of such appointment. (Ord. 18 § 1 (part), 1970) 2.40.030 Vacancies. Vacancies occurring other than through the expiration of terms shall be filled for the unexpired terms. Members may be removed by the mayor, with the approval of the city council, for inefficiency, neglect of duty, or malfeasance in office. The members shall be selected without respect to political affiliation and they shall serve without compensation. (Ord. 18 § 1 (part), 1970) 2.40.040 Ex officio members. Ex officio members shall not have a vote in the action of the city planning agency, nor shall their presence or absence count in the determination of a quorum. (Ord. 18 § 1 (part), 1970) 2.40.050 Powers and duties. The planning agency shall have all of the powers and perform each and all of the duties specified by RCW Title 35A, as amended, together with any other duties or authority which may hereafter be conferred upon them by the laws of the state, the performance of such duties and the exercise of such authority to be subject to each and all limitations expressed in such legislative enactment or enactments. (Ord. 18 § 2, 1970) 2.40.060 Rules of procedure. The planning commission shall, as a part of its organizational duties, formulate and make available to the public rules of procedure for the conduct of its hearings. (Ord. 18 § 5, 1970)

Page 73 of 74 Ordinance No. 2.40.070 Quorum. A majority of the membership of the planning commission, excluding any ex officio members, shall constitute a quorum for the transaction of business. Any action taken by a majority of those present when those present constitute a quorum, at any regular or special meeting of the planning commission, shall be deemed and taken as the action of the planning commission. (Ord. 18 § 7, 1970) 2.40.080 Secretary—Compensation. The planning commission may designate one of its members to act as secretary without salary or, if requested by the commission, the mayor shall designate a member of the paid staff of the city to serve as such secretary, who shall serve without additional compensation. (Ord. 18 § 8, 1970)

Section 18 . EFFECTIVE DATE.

This Ordinance shall take effect five (5) days after the date of publication.

THIS ORDINANCE PASSED AND ADOPTED by the City Council of the City of Ocean Shores, Washington, at a regular open public meeting on this 28th day of January 2008.

, Mayor ATTEST:

Diane J. Foss, CMC City Clerk

APPROVED AS TO FORM:

Arthur A. Blauvelt III, City Attorney

Page 74 of 74 Ordinance No.