CITY OF OCEAN SHORES, WASHINGTON

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1 CITY OF OCEAN SHORES, WASHINGTON ORDINANCE NO. 759 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF OCEAN SHORES, WASHINGTON, AMENDING CERTAIN SECTIONS OF CHAPTER 17 OF THE OCEAN SHORES MUNICIPAL CODE RELATING TO ZONING DISTRICTS, CREATING NEW ZONING DISTRICTS, AND ADOPTING A ZONING MAP WHEREAS, the City Council of the City of Ocean Shores finds revisions to certain sections of Chapter 17 of the Ocean Shores Municipal Code (OSMC) necessary 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; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF OCEAN SHORES, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: Section 1. The following Ocean Shores Municipal Code Chapter titles are hereby amended to read as follows: Chapter R-1 ZONE: SINGLE-FAMILY RESIDENTIAL Chapter R-2 ZONE: DUPLEX Chapter R-3 ZONE: TRIPLEX Chapter R-4 ZONE: FOURPLEX Chapter R-5 ZONE: FIVEPLEX AND SIXPLEX Chapter R-6A ZONE: RECREATIONAL VEHICLE AND TRAILER Chapter R-6B ZONE: MOBILE HOME AND MANUFACTURED HOME Chapter R-6C ZONE: MANUFACTURED HOME--DOUBLE-WIDE OR LARGER Chapter R-7 ZONE: MULTIFAMILY MEDIUM DENSITY Chapter R-8 ZONE: MULTIFAMILY HIGH DENSITY Chapter R-9 ZONE: MULTIFAMILY ULTRA HIGH DENSITY Chapter B-1 ZONE: RETAIL COMMERCIAL Chapter B-2 ZONE: GENERAL COMMERCIAL Chapter PR-1 ZONE: PRIVATE RECREATIONAL Chapter PR-2 ZONE: PUBLIC RECREATIONAL Page 1 of 14 Ordinance No. 759

2 Section 2. Ocean Shores Municipal Code Chapter Sections , , , , and are hereby each amended to read as follows: Chapter DEFINITIONS 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 Modular home. "Modular home" means a dwelling unit constructed according to the State Department of Labor and Industries specifications for factory-built homes, 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 Recreational vehicle. "Recreational 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 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 locating three or more recreational vehicles for nightly or short-term use Trailer, travel. A "travel trailer" is a type of "recreational vehicle" as defined in Section Section 3. The following new section titles are hereby added as follows: Sections: Manufactured home. (new) Park trailer. (new) 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. Page 2 of 14 Ordinance No. 759

3 Park trailer "Park trailer" means a park trailer as defined in the American National Standards Institute A119.5 standard for park trailers. Section 4. Ocean Shores Municipal Code Chapter is hereby amended to read as follows: Chapter ZONING DISTRICTS Sections: Zoning districts 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 R-2 Zone Duplex--See Chapter R-3 Zone Triplex--See Chapter R-4 Zone Fourplex--See Chapter R-5 Zone Fiveplex and Sixplex--See Chapter R-6A Zone Recreational Vehicle and Trailer--See Chapter R-6B Zone Mobile Home and Manufactured Home--See Chapter R-6C Zone Manufactured Home--Double-Wide or Larger--See Chapter R-7 Zone Multifamily Medium Density--See Chapter R-8 Zone Multifamily High Density--See Chapter R-9 Zone Multifamily Ultra High Density--See Chapter B-1 Zone Retail Commercial--See Chapter B-2 Zone General Commercial--See Chapter PR-1 Zone Private Recreational--See Chapter PR-2 Zone Public Recreational--See Chapter B. In addition, there are special districts. These districts are as follows: OS Open space--see Chapter PD Planned development--see Chapter RVC Recreational vehicle park and campground--see Chapter Section 5. Pursuant to Ocean Shores Municipal Code Chapter and RCW 35A.63, the City hereby adopts a new official zoning map, attached hereto as Exhibit A and incorporated herein by this reference as though fully set forth. Page 3 of 14 Ordinance No. 759

4 Section 6. A new Section (C) is hereby added to Ocean Shores Municipal Code Section to read as follows: C. Camping, subject to Chapter Section 7. Ocean Shores Municipal Code Section relating to R-1 Single Family Residential is hereby amended to read as follows: Regulations and requirements. Regulations and requirements for this district are as follows: A. Minimum lot size in square feet per dwelling unit shall be according to the plats existing as of August 1, 2003; all future subdivisions shall have a minimum lot size of seven thousand two hundred (7,200) square feet; B. Minimum front yard depth in feet, twenty (20); C. Minimum side yard depth in feet, five (5); D. Minimum rear yard depth in feet, twenty-five (25); E. For corner lots, minimum front depth in feet, twenty (20); on flanking street(s) minimum yard depth in feet, ten (10), excepting garages with vehicular entrances fronting on flanking streets shall have a minimum setback in feet, twenty (20); minimum yard depth from adjacent property in feet, five (5); F. 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 (5) feet from any property line, nor less than twenty-five (25) feet from the apparent rear-most point, nor less than twenty (20) feet from the apparent front-most point. Yards may be tapered to conform to the irregular lines of the lot; G. Waterfront setbacks as set forth in Section of this title; H. Wood, or wood-style, insulated lap, or other non-metallic-appearing siding is required on primary structures, outbuildings, and accessory structures; and I. All of the general regulations set forth in Chapters and of this title that do not specifically exclude this district. Section 8. Ocean Shores Municipal Code Section is hereby amended to read as follows: Chapter R6-A ZONE RECREATIONAL VEHICLE AND TRAILER Sections: Purpose Uses and regulations. Page 4 of 14 Ordinance No. 759

5 Purpose. This district is intended for long-term recreational vehicle and trailer occupancy. (Ord (part), 1981) Uses and regulations. Uses and regulations for the R-6A zone are the same as those permitted, prohibited, and required for the R-1 zone with the following exceptions: A. Recreation vehicles and single-family trailers less than thirty-five (35) feet in length, including park trailers, are permitted; and B. No additions may be attached to recreational vehicles or to mobile homes less than thirty-five (35) feet in length. C. Minimum lot size for recreational vehicles and single-family trailers is two thousand nine hundred (2,900) square feet. Section 9. Ocean Shores Municipal Code Section is hereby amended to read as follows: Chapter R6-B ZONE MOBILE HOME AND MANUFACTURED HOME Sections: Purpose Uses and regulations Purpose. This district is intended for long-term mobile home and manufactured home occupancy Uses and regulations. Uses and regulations for the R-6B zone are the same as those permitted, prohibited, and required for the R-1 zone with the following exceptions: A. Single-wide or double-wide single-family mobile homes and manufactured homes are permitted; B. No home constructed before June 1976 (the effective date of the national Construction and Safety Standards Act) may be newly installed in this district; C. Skirting is required around the perimeter of the home within sixty (60) days of occupancy. Skirting is not required if the home is sited on a conventional, walltype perimeter foundation; D. No additions may be attached to mobile homes or manufactured homes less than thirty-five (35) feet in length. Additions are allowed for mobile and manufactured homes thirty-five (35) feet or longer with appropriate permits from Washington State Department of Labor and Industries; and Page 5 of 14 Ordinance No. 759

6 E. Minimum lot size for single-family mobile homes and manufactured homes is seven thousand two hundred (7,200) square feet. Section 10. Ocean Shores Municipal Code Section is hereby amended to read as follows: Chapter R6-C ZONE MANUFACTURED HOME--DOUBLE-WIDE OR LARGER Sections: Purpose Uses and regulations Purpose. This district is intended for long-term double-wide or larger manufactured home occupancy Uses and regulations. Uses and regulations for the R-6C zone are the same as those permitted, prohibited and required in the R-1 zone, with the following exceptions: A. The manufactured home must have a minimum living area of eight hundred (800) square feet, except on waterfront lots where the minimum living area is one thousand (1,000) 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 (60) days of occupancy. Skirting is not required if the home is sited on a conventional, walltype 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; and I. Minimum lot size for single-family manufactured homes is seven thousand two hundred (7,200) square feet. Section 11. Ocean Shores Municipal Code Sections (E), (G), and (H) relating to B-1 Retail Commercial are hereby amended to read as follows: Page 6 of 14 Ordinance No. 759

7 E. Conditional uses for this district shall be only those that do not materially detract from the retail commercial character intended. Storage units may be allowed as a conditional use in the B-1 zone in conjunction with a permitted use. 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; G. As of July 1, 2013, single family residential structures are not permitted in the B-1 Zone. Family living units are allowed as a mixed occupancy in commercial structures; and H. As of August 1, 2006, camping, as defined in Ocean Shores Municipal Code Section , is not permitted. Section 12. Ocean Shores Municipal Code Section relating to B-2 General Commercial is hereby amended to read as follows: D. As of July 1, 2013, single family residential structures are not permitted in the B-2 Zone. Family living units are allowed as a mixed occupancy in commercial structures; and E. As of August 1, 2006, camping, as defined in Ocean Shores Municipal Code Section , is not permitted. Section 13. follows: Ocean Shores Municipal Code Section is hereby amended to read as Sections: Purposes--Uses Purposes--Uses. Chapter PR-1 ZONE PRIVATE RECREATIONAL 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. Page 7 of 14 Ordinance No. 759

8 Section 14. follows: A new chapter is hereby added to the Ocean Shores Municipal Code to read as Sections: Purposes--Uses Purposes--Uses. Chapter PR-2 ZONE PUBLIC RECREATIONAL 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. Section 15. Ocean Shores Municipal Code Chapter Mobile Home and Trailer Park Districts is hereby deleted in its entirety. Section 16. Ocean Shores Municipal Code Chapter relating to Public and Semipublic Uses is hereby amended to read as follows: A. The following are conditional uses in any B-1 district with the exception of the permitted uses in the B-1 district listed below in Section (B): parks; playgrounds; cemeteries; golf courses; public, private, and parochial schools; churches; community centers; fire stations; country clubs; utility substations; hospitals; clinics; transmission lines; treatment plants; airports; and similar public and semipublic uses. B. In the B-1 district, the following uses are permitted uses: libraries, police and fire stations, hospitals, clinics, public parking facilities, and public offices. Section 17. Severability. If any section, subsection, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance. Page 8 of 14 Ordinance No. 759

9 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 14 day of July ATTEST: TERRY VEITZ, Mayor DIANE J. HOUSTON, CMC City Clerk APPROVED AS TO FORM: JO-ELLEN THOMAS, City Attorney Page 9 of 14 Ordinance No. 759

10 Zoning Changes incorporated into Zoning Map Adopted July 14, 2003 Division Current Zoning New Zoning Mobile Home Changes Division 7, Lots 1-28 and Division 12, Lots R-6A Trailer and Mobile Home R-6A Trailer and Mobile Home R-6B Mobile Home and Manufactured Home) R-6B Mobile Home and Manufactured Home Community Club Parks and Recreational Areas Div. 2, Tract C Pacific Park Div. 4, Tract A, Lot 1 Damon Park Div. 9, Lots 514/515 and Tract B, less the southerly 100 feet Bill Ellis Park Div.15, Tract F, Lots 1 & 2 Bay Shore Club House Div. 16, Bl. 7, Tract A PR Private Recreational PR Private Recreational PR Private Recreational PR Private Recreational PR-1 Private Recreational PR-1 Private Recreational for Lot 1 (Lot 2, PR-2) PR-1 Private Recreational PR-1 Private Recreational PR-1 Private Recreational Perkins Pond Div. 16, Bl. 7, Tract B Cabana Pool PR Private Recreational PR-1 Private Recreational Div. 22, Bl. 4, Tract G PR Private Recreational PR-1 Private Recreational Other Private Recreational Areas Division 10, Tract H1 PR Private Recreational PR-1 Private Recreational Division 17, Bl. 4, Tract A PR Private Recreational PR-1 Private Recreational Division 19A, Tracts E & F PR Private Recreational PR-1 Private Recreational Other Private (Not Recreational) Division 1, Bl. R, Lot 32 PR Private Recreational R-1 Single Family Residential Divisions 1, Tract H, Lot 1 PR Private Recreational B-1 Retail Commercial Division 9, south 100 feet of Tract B PR Private Recreational R-1 Single-Family Residential Division 14, Lots 1-16 R-9 Multi-Family Ultra R-3 Triplex High Density Division 18, Block 10, Tract B PR Private Recreational Page 10 of 14 Ordinance No. 759

11 Division Current Zoning New Zoning City Parks Div. 1, Block D, Tract B NW 1/4 of Tract B less easterly 56 feet; Milo Schneider Park; Div. 3, northern edge of Tract W North End Grand Canal Park Div. 4, Tract A; Damon Park (Community Club owns Lot 1) Div. 15, Tract L South End Grand Canal Park Div. 22, Bl. 1, Tract D Chinook Park Div. 23, Block 13, Tract F Emerson Park Div. 23, Tract E North Bay Park B-1 Retail Commercial PR Private Recreational B-1 Retail Commercial R-1 Single Family Residential City Parks, Undeveloped Div. 10, Tract B PR Private Recreational Div. 10, Tract F PR Private Recreational Div. 19, Tract A City Golf Course PR Private Recreational Division 1, Bl. H PR Private Recreational Rezoned to B-1, approved 4/28/03 Division 1, Bl. N PR Private Recreational Rezoned to B-1, approved 4/28/03 Division 1, Bl. N, Tract C PR Private Recreational Division 1, Bl. N, extension of Tract C to behind Div. 1A, Lots 11 and 12 Division 3, Tract A, B, C, D, E, F, G, PR Private Recreational H, J Division 3, Tract A, 309A--one lot N PR Private Recreational of lot 309 Division 3, Tract L R-1 Single Family Division 3, Lot 189 (next to Tract E, R-1 Single Family also owned by City) Adjacent to Wil-lew Addition, SW corner of Tract C at intersection of Dolphin Ave. NE and Albatross St. NE R-1 Single Family Page 11 of 14 Ordinance No. 759

12 Division Current Zoning New Zoning Other City-Owned Recreational or Open Space Property Division 1, strip between Blocks L & H PR Private Recreational Rezoned to B-1, approved 4/28/03 Division 1, Block S, easements PR Private Recreational Division 1 Various Division 2, Tract A (Lot A) R-1 Single Family Division 2, easements PR Private Recreational Division 4, Lot 33 (tract) R-1 Single Family Division 4, nine "walkways" PR Private Recreational Division 5, between lots 338/339 and PR Private Recreational 371/372 Division 5, between lots 124/125 and PR Private Recreational 179/180 Division 5A, between lots 96/97 and PR Private Recreational 206/207 Division 8, Tracts A, B., C, D, E, PR Private Recreational Division 9, Tracts C, D PR Private Recreational Division 10, Tract D PR Private Recreational Division 10, Tract E PR Private Recreational Division 10, miscellaneous easements PR Private Recreational or Division 11, Tract A R-1 Single Family Division 11, Tract B PR Private Recreational Division 11, miscellaneous PR Private Recreational Division 15, Tract H Division 16, Block 1, walkway PR Private Recreational easement Division 16, Block 11, Tract B PR Private Recreational Division 16, Block 11, two strips off PR Private Recreational Texmar Division 16, Block 12, Tract B PR Private Recreational Division 16, Tracts A in Blocks 2, 4, PR Private Recreational 6, 9, 10, 11, 12, 13, 14, 15, 16, 17 Division 17, Block 1,Tr. B. PR Private Recreational Div. 17, Block 2, Tract B PR Private Recreational (not adjacent to Div. 17); S. of Div. 17A, but legal shows in Div. 17; # Division 18, Block 1, Tract A PR Private Recreational Division 19, Tracts C, D, E, F PR Private Recreational Division 19A, Tracts G, H, J, K J, K zoned PR; G, H unzoned Page 12 of 14 Ordinance No. 759

13 Division Current Zoning New Zoning Division 20, Tract B Division 20, Tract C including Tax 1 Tax 1--R-1 Single Family; Tract C minus Tax 1-- unzoned Division 20, Tract E Division 21, Block 1, Tract A, Division 21, Block 1, Tract B Division 21, Block 1, Tract C, Division 21, Block 1, Tract D Division 21, Block 1, Tract E Division 21, Block 1, Tract F Tract F is unzoned; spit-- Tax 1--is zoned PR Private Recreational Division 21, Block 1, Tract G Zoned PR Private Recreational Division 21, Block 2, Tract A Division 21, Tax 1 ( ) PR Private Recreational Division 22, Block 4, Tract B Division 22, Block 4, Tract C Division 22, Tract E Division 22, Tract F Division 23, Tract B PR Private Recreational Division 23, Tract C Division 23, Tract G Division 23, Tract H Division 23, Tract J Division 24, Block 4, Lot 52 and Lot 52 R-1 Single Family; adjacent walkway walkway PR Private Recreational Division 24, Tract A Walkway PR Private Recreational Division 24, Tract B (along Division 5, Lots ) Div. 24, Lot 297 (formerly Div. 5, adjacent to Lot 296) Lake unzoned; strip of land zoned PR Private Recreational PR Private Recreational Other City Owned Properties Division 19, Tract B PR Private Recreational Division 19A, Tract B PR Private Recreational Division 21, Block 1, Tract W Page 13 of 14 Ordinance No. 759

14 Division Current Zoning New Zoning Streets (unzoned) Division 1, easement to south of Lot B-1 26 and part of Lot 27, Barnacle St. Division 10, Tract A, ext. Butter R-1 Single-Family Clam St. Residential Division 19 Beach Road, ext. Skylark Division 24, Lot 298--Cardinal Ave. PR Private Recreational Other Division 12, easements ; Division 15, 7 strips of land connected to old Tracts J and K Division 19A, Tract D Division 20, Tract A Division 22, Tract A Division 23, Tract A Division 23, Tax 1, Govt lots 1, Page 14 of 14 Ordinance No. 759

RP-2, RP-3, RP-4, AND RP-5 PLANNED RESIDENTIAL DISTRICTS

6.10 - RP-2, RP-3, RP-4, AND RP-5 PLANNED RESIDENTIAL DISTRICTS 6.10.1 GENERAL DESCRIPTION: 6.10.1.1 The regulations established in this Section are intended to provide optional methods of land development