08 - ZONING DISTRICTS
The land use element of the Coupeville comprehensive plan provides a long-range vision through which all uses—housing, commerce, recreation, public facilities, open space, culture and transportation—are integrated to maintain and enhance the Town's desirable characteristics. Land use planning strives to facilitate the best use of all lands, developed and undeveloped. Toward this purpose, zoning districts are established to fulfill the following intent:
A.
To be the primary tool for implementing the adopted comprehensive plan future land use map. This map identifies the general distribution, location and extent of different land uses within the Town;
B.
To promote the social and economic stability of existing and future land uses by regulating the use of individual parcels of land to prevent unreasonable detrimental effects or encroachment by incompatible uses on neighboring properties;
C.
To preserve the historic, aesthetic and natural features of the Town by establishing high standards for community design, environmental protection and cultural/historic enhancement;
D.
To encourage active and appropriate stewardship of the land to protect and preserve the historic and natural features of the Ebey's Landing National Historical Reserve, pursuant to Public Law No. 95-625.
(Ord. 566 § 2 Exh. A (part), 1998)
A.
The Town of Coupeville is divided into zoning districts as shown on the official zoning map, which together with all explanatory matter thereon is adopted by reference and declared to be a part of Title 16.
B.
Regulations applying to each zone as set forth in this title are adopted.
C.
The official zoning map shall be identified by the signature of the mayor, under the following words: "This is to certify that this is the Official Zoning Map referred to in Section 16.08.020(A) of the Coupeville Town Code, as adopted under Ordinance No. [number of ordinance adopting new map]." The official zoning map shall be kept in town hall.
D.
In the event that the official zoning map becomes damaged, destroyed, lost or difficult to interpret because of the nature or number of changes and additions, the town council may by resolution adopt a new official zoning map. The new official zoning map may correct drafting or other errors or omissions, but no such correction shall have the effect of amending the zoning district designation for any land within the Town of Coupeville.
(Ord. 566 § 2 Exh. A (part), 1998)
Where uncertainty exists as to the boundaries of zoning 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 Town limits shall be construed as following the Town limits.
D.
Boundaries indicated as following shorelines shall be construed to follow such shorelines, and in the event of change in the shoreline shall be construed as moving with the actual shoreline.
E.
Boundaries indicated as parallel to or extensions of features indicated in Subsections A through D of this section shall be so construed. The scale of the map shall determine distances not specifically indicated on the official zoning map.
F.
All areas within the corporate limits of the Town which are under water and are not shown as included within any zone shall be subject to all of the regulations of the zone which immediately adjoins the water area.
G.
The zoning regulations shall apply equally to private and public property.
H.
Property which has not been specifically included within a zone shall be classified as LDR, low density residential district, until such classification is changed by amendment of the zoning ordinance as provided by law.
I.
Where the street or property layout existing on the ground is at variance with that shown on the official zoning map, or in other circumstances not covered by subsections A through E of this section, the town planner shall interpret the zone boundaries.
(Ord. 566 § 2 Exh. A (part), 1998)
It is the intent of the four primary residential zoning districts in Coupeville to provide housing options for all social and economic segments of the community, to provide for efficient public and private utility services, to promote efficient traffic patterns, to preserve and protect historic sites and structures, to recognize historic development patterns and to reflect the intent of the Coupeville comprehensive plan. The specific intents of each predominantly residential zoning districts are described below:
A.
Residential Reserve District (RR). This zoning district implements the residential reserve use designation on the comprehensive plan future land use map. It is intended to allow for very low density residential, agricultural, horticultural and floricultural uses, encouraging the retention of open space and rural character. It is intended further to maintain large areas free of impervious surfaces in order to increase the potential for natural infiltration of rainfall and the retention of natural drainage water patterns, minimizing the need for stormwater facilities and increasing the protection of groundwater resources. Allowed uses within the residential reserve district are as follows:
B.
Low Density Residential District (LDR). This zoning district implements the low density residential use designation on the comprehensive plan future land use map. It is intended to provide for rural lifestyles, promote open space and minimize impervious surfaces, and to provide a buffer to separate agricultural areas from the suburban and urban residential uses. Allowed uses within the low density residential district are as follows:
C.
Medium Density Residential District (RM-9600). This zoning district implements the medium density residential use designation on the comprehensive plan future land use map. These areas provide a stable environment for residential development, adequate public services to serve residential development and prohibit uses that would violate the single-family nature of the neighborhood. Allowed uses within the medium density residential district are as follows:
D.
High Density Residential District (RH). This zoning district implements the high density residential use designation on the comprehensive plan future land use map. It is intended to provide areas for higher density residential uses near commercial services and located to permit efficient delivery of public services. Allowed uses within the high density residential district are as follows:
Maximum Density. Except as provided for elsewhere in this title, the maximum density for multifamily dwellings is one dwelling unit for each four thousand (4,000) square feet of gross lot area.
(Ord. 614 § 4 Exh. D (part), 2001; Ord. 566 § 2 Exhs. A (part), B (part), 1998)
(Ord. No. 751, § 4, 8-27-2019)
It is the intent of the three primary commercial zoning districts to provide for areas of predominantly commercial land uses in appropriate areas of Coupeville, to assure that commercial development is harmonious in size and scale to the community and adjacent buildings, to provide for efficient vehicular and pedestrian traffic, to preserve the Town's historic, rural character, including but not limited to the residential use of a designated historic building that was originally constructed as a single family home, and to reflect the intent of the Coupeville comprehensive plan. The specific intent and allowed uses within each predominantly commercial zoning district are described below:
A.
Historic/Limited Commercial District (HLC). This zoning district implements in part the commercial designation on the comprehensive plan future land use map. This zoning district is reserved for the historic Front Street area between Alexander and Haller Streets (north of Coveland and Ninth Streets), including the Coupeville Wharf, and is intended to accommodate water-oriented uses, along with small-scale commercial uses which are compatible in size, scale and visual character with the district's historic character. Mixed use, adaptive reuse and preservation within a pedestrian scale environment are hallmarks of this district. Allowed uses within the historic/limited commercial zoning district are as follows:
B.
Town Commercial (TC). This zoning district implements in part the commercial designation on the comprehensive plan future land use map. It encompasses most the commercial areas outside of the Front Street historic area, including North and South Main Street, Coveland Street, and Birch Street NE. It is intended to provide for a wide range of commercial uses that are proportional in scale and compatible in character with historic uses in the Town, and that cater to both vehicular and nonmotorized access. More intensive, larger or automobile-dependent commercial land uses are not appropriate for this district. Allowed uses within the town commercial zoning district are as follows, provided that only professional offices are allowed as principal uses adjacent to SR 20:
C.
General Commercial (GC). This zoning district implements in part the commercial designation on the comprehensive plan future land use map. It is reserved for specific locations in Coupeville where commercial uses which are larger in scale, more automobile-oriented or more likely to impact neighboring properties may be sited without detracting unduly from the Town's historic character. The conditional use permit process is used to insure that all measurable impacts from these uses are identified and, if possible, mitigated through specific performance conditions. Allowed uses within the general commercial zoning district are as follows, provided that only professional offices are allowed as principal uses adjacent to SR 20:
(Ord. 596 § 1, 2000; Ord. 566 § 2 Exhs. A (part), B (part), 1998; Ord. No. 677, § 4, 10-13-2009; Ord. No. 690, § 1, 4-26-2011; Ord. No. 751, § 5, 8-27-2019)
It is the intent of this district to provide adequate land for uses which serve governmental functions, provide a wider community purpose or for areas designated as open space or future park development. Collectively, these uses serve the cultural, educational, recreational, religious, transportation and public service needs of the community. Allowed uses within the public/quasi-public zoning district are as follows:
(Ord. 566 § 2 Exhs. A (part), B (part), 1998)
Editor's note— Ord. No. 692, § 7, adopted Oct. 3, 2011, repealed § 16.08.070 in its entirety, which pertained to historic restoration overlay district and derived from Ord. 566 § 2 Exh. A (part), 1998.
A.
Intent and Purpose. The purpose of this chapter, providing for the establishment of a planned unit development overlay district, is to:
1.
Encourage flexibility in design and development that will encourage a more creative approach in the development of land and which will result in a more efficient, aesthetic and desirable use of the land.
2.
Permit flexibility of design, placement of buildings, use of required open spaces, circulation facilities, off-street parking areas, and otherwise to better utilize the potentials of sites characterized by special features of geography, topography, size or shape.
3.
Facilitate the adequate and economical provisions of streets and utilities.
4.
Preserve the natural and scenic qualities of open area.
B.
Minimum Area. The minimum area of a PUD, planned unit development shall be five acres.
C.
Pre-application Conference. In accordance with Section 16.06.030(A) of this title, appropriate Town staff shall meet with the applicant for the purpose of gathering general information and guidelines before entering into binding commitments or incurring substantial expense in the preparation of plans. Particular attention shall be given to the following:
1.
The present uses and character of the area;
2.
The road and street system in the area, especially:
a.
Neighborhood through routes,
b.
Designated collector and arterial streets, both existing or proposed,
c.
The right-of-way widths for all roads and streets,
d.
Whether streets or ways are to be public or private.
3.
Public and private open areas, parks and trails;
4.
Public and private utilities and services or their counterparts:
a.
Water,
b.
Sewer,
c.
Fire protection,
d.
Surface drainage,
e.
Electricity (underground),
f.
Telephone (underground),
g.
Street and common area lights,
h.
Television cable (underground),
i.
General concept of the developer.
D.
Rezone to Planned Unit Development Overlay District. The applicant may submit a verified rezone application requesting a change to planned unit development overlay district pursuant to Section 16.06.070 of this title which shall be accompanied by an outline development plan and program containing the elements and meeting the density, open space and all other requirements enumerated in subsections G through H of this section.
E.
Review Process.
1.
The application for a planned unit development overlay district shall be considered first by the planning commission at a public meeting within the time and in the manner provided by Section 16.06.050(D)(4) of this title. If a preliminary subdivision is part of the application, requirements for public meetings and plat content contained in Chapter 16.16 shall also be complied with.
2.
The minutes of the planning commission public meeting, along with any recommendation, shall be forwarded to the town council for a public hearing on the application. The public hearing and notice of decision shall be conducted in accordance with Sections 16.06.040 and 16.06.050 of this title.
F.
Decision Criteria. Approval or denial of the proposal to rezone shall be based on the following criteria:
1.
Substantial conformance to the comprehensive plan;
2.
The proposal's harmony with the surrounding area, or its potential future use;
3.
The system of ownership and means of development, preserving and maintaining open space;
4.
The adequacy of the size of the proposed overlay district to accommodate the contemplated development.
G.
Outline Development Plan and Program—Plan Elements. The elements of the outline development plan shall be as follows:
1.
Existing maps drawn to a scale of not less than one inch to one hundred (100) feet and proposed contour map;
2.
Location, with the names, of all existing and proposed streets, public ways, utility rights-of-way, parks or other open spaces and all land uses within five hundred (500) feet of the boundary of the development;
3.
Existing sewers, water mains and other underground facilities within and adjacent to the development and their certified capacities;
4.
Proposed sewer or other waste disposal facilities, water mains and other underground utilities;
5.
Preliminary subdivision plan;
6.
Proposed land use plan;
7.
Community facilities plan;
8.
Location and amount of open space, screening and landscaped areas;
9.
Traffic flow plan;
10.
Location and dimension of walks, trails or easements;
11.
Location, arrangement, number and dimensions of truck loading and unloading spaces and docks;
12.
Approximate location of building and/or structures, indicating general height, bulk, and number of dwelling units;
13.
Indication of stages of development.
H.
Outline Development Plan and Program—Program Elements. The elements of the outline development program shall be as follows:
1.
Statement of goals and objective (i.e., why it would be in the public interest and be consistent with the comprehensive plan);
2.
Evidence of resources available to develop the project;
3.
Tables showing total number of areas, distribution of area by use, percent designated for each dwelling type, type of off-street parking, streets, parks, playgrounds, schools and open spaces;
4.
Tables indicating overall densities and density by dwelling types and any proposal for the limitation of density;
5.
Time table of development;
6.
Preliminary storm water drainage plan.
I.
Common Open Space—Requirements Generally.
1.
Common open space in a planned unit development overlay district shall meet the following requirements:
a.
The location, shape, size and character of the open space must be suitable for the planned unit development.
b.
Common open space must be used for amenity or recreational purposes. The uses authorized for the common open space must be appropriate to the scale and character of the planned unit development, considering its size, density, expected population, topography, number and type of dwelling units to be provided.
c.
Common open space must be suitably improved for its intended use, but common open space containing natural features may be left unimproved. The buildings, structures and improvements which are permitted in the common open space must be appropriate to the uses which are authorized for common open space and must conserve and enhance the amenities of the common open space in regard to its topography and unimproved condition.
2.
The development schedule, which is part of the development plan, must coordinate improvement of common open space, construction of buildings, structures and improvements in the common open space, and the construction of residential dwellings in the planned unit development.
J.
Detail Plan. The purpose of the detail plan is to provide a specific plan upon which the town council can base their decision and with which substantial compliance is necessary for preparation of the final plan. When seeking approval of the planned development, the detail plan shall be filed:
1.
As the initial plan for the entire development if no outline plan has been approved at the time application is made.
2.
As the second step when an outline plan has been approved:
a.
Such detail plan may be filed in phases.
b.
The first phase of the entire detail plan shall be submitted within twelve (12) months following approval of the outline plan, unless an extension has been granted.
c.
Detail plans for subsequent phases, if more than one phase is used, shall be filed at least sixty (60) days prior to the construction date set forth in the timetable unless an extension has been granted as herein provided.
K.
Maps, Written Statements and Application. The detail plan shall be accompanied by an application on a form supplied by the Town. The detail plan shall include the following information and shall be prepared on material which is suitable for printing by the ozalid (blueline) process:
1.
A scale map showing the following for the planned development site:
a.
The topography in sufficient detail to determine the grades and character of the site as they relate to the improvements and to the adjacent area;
b.
The location of all thoroughfares and walks, their widths and the nature of their improvements and whether they are to be public or private;
c.
The location, layout and the surfacing of all off-street parking areas;
d.
The property boundary lines;
e.
The individual lot lines of each parcel that is to be created for separate ownership;
f.
The location of easements for the water lines, fire hydrants, sewer and storm sewer lines, and the location of the electric, gas and telephone lines, television cable, and the lighting plans;
g.
The landscaping and tree planting plan, including species and size, with a notation indicating the existing trees and shrubs which are to be retained;
h.
The common facilities, open areas and spaces, and the particular uses which are intended for them;
i.
The areas proposed to be conveyed, dedicated, reserved or used for parks, scenic-ways, playgrounds, schools, public buildings and similar public and semipublic uses and whether such areas are to be public or private;
j.
If the planned development is to be constructed in phases, indicate the area of each phase on the map; and
k.
A plan showing the following for each existing or proposed building or structure for all sites, except single-family lots:
i.
Its location on the lot and within the planned development,
ii.
The intended use,
iii.
The number of dwelling units in each residential building.
2.
Elevation drawings of all typical proposed structures except single-family residences. The drawings shall be accurate and to scale but need not be the final working drawings.
3.
The location of all buildings on abutting properties. If accurate information was submitted for the outline plan, this will be sufficient.
4.
The manner of financing for the planned development.
5.
The present ownership of all of the land in the planned development.
6.
A development time schedule indicating:
a.
The approximate date when construction of the project will begin;
b.
The phases in which the project will be built and the approximate date when construction of each phase will begin;
c.
The approximate dates when development of each phase will be completed;
d.
The area and location of open space that will be provided at each phase.
7.
Proposed documents providing for ownership, maintenance, operation of common facilities and open space, restrictive covenants, and architectural design review.
8.
Detailed storm drainage management plan.
L.
Detail Plan Approval.
1.
The detail plan shall be considered in the same manner as provided in subsection E of this section.
2.
Approval of the detail plan in whole or in phases is contingent upon substantial conformance to the outline plan and to the standards set forth in this chapter. The town council may impose reasonable conditions upon its approval to insure conformance to the approved plan. This substantial conformance is intended solely to facilitate the minor modifications from one planning step to another. It is not the intent, nor shall these modifications be used to increase the total area covered or decrease the total open space as approved by the town council. The town council may fail to find substantial conformance to exist if, in their opinion, the adjustments provided in subsection (L)(3) of this section are being used to significantly modify the approved plan.
3.
Substantial conformance shall exist when the comparison of the detail plan to the approved outline plan shall show that:
a.
There are the same or fewer number of dwelling units;
b.
The open space is in the same general location and in the same general amount, or a greater amount;
c.
The buildings have the same or less number of stories;
d.
The roads and drives follow approximately the same course, have the same or greater width, have the same public or private rights therein and have the same termini and serve the same or fewer dwelling units; and
e.
The detail plan is within the intent and purpose of the outline plan.
4.
The detail plan approved, either for a phase or for the entire plan, shall be valid for a twelve (12) month period. The town planner may extend approval for additional six month periods.
M.
Disapproval of Detail Plan. If the detail plan is not in substantial conformance to the purpose and intent of the outline plan, or an applicable portion thereof, the town council shall not approve the detail plan. If it is not modified to conform to the outline plan, the developer may request a new public meeting before the planning commission and public hearing before the town council. The revised detail plan shall be considered as if it were a new application.
N.
Site Improvements. The developer may place street improvements, sidewalks, utilities and other permanent site improvements or stake the location of the buildings and make application for building permits after detail plan approval; however, the placing of improvements will not obligate the town council to grant approval of the final plan. Under no circumstances will any building permit be issued until final approval has been granted and the necessary portions of the final plan recorded.
O.
Final Plan. The purpose of the final plan is to formalize into the final, legal document form the plans which were approved in the detail plan step. The final plan, when properly filed in the county deed records shall serve as the permanent public record of the planned development.
P.
Contents. The final plan shall contain the information required in subsection K of this section for the detail plan. The final plan will be prepared or printed on permanent high grade paper in a form suitable for inclusion in the deed records of the county. If parcels of land are to be sold, a "hard copy" subdivision plat in the form prescribed by Section 16.16.120(B) of this title shall also be filed with the final plan. Condominium plats shall conform to Washington law and shall not be reviewed by the planning commission or town council.
Q.
Filing. The final plan shall be filed within twelve (12) months of the date of the granting of the detail plan approval.
R.
Placing of Improvements. The Town of Coupeville shall require, as a condition to granting final approval, that the street, utility, parking, sidewalk, landscaping, common facilities and open space improvements will be placed. In lieu of the installation of the foregoing required improvements, the Town may permit the developer to deposit a performance bond with the town council in an amount not less than one hundred twenty-five (125) percent of the estimate for all required improvements. This amount of the estimate shall be prepared by the applicant for approval by the public works director. If a subdivision plat is used to divide property, the conditions of approval contained in Section 16.16.040 shall apply. All required improvements are to be completed by the subdivider within one year from the date of the approval of the final plan by the town council. If said improvements are not completed in the specified time, the town council may use the bond or any portion thereof to complete the same.
S.
Final Plan Approval.
1.
The planning commission and council shall review and approve the final plan if it is in substantial conformance with the detail plan. Nothing in these provisions shall limit reduction of the number of dwelling units or increasing open space, provided that if this is done for one phase the number of dwelling units shall not be transferred to another phase, nor the open space be reduced below that permitted in the detail plan. This substantial conformance provision is intended solely to facilitate the minor modifications from one planning step to another. It is not the intent, nor shall these modifications be used to increase the total area covered or decrease the total open space as approved by the town council. The council may fail to find substantial conformance to exist, if in their opinion, the adjustments provided below are being used to significantly modify the approved plan.
2.
Substantial conformance shall exist when the comparison of the detail plan with the final plan shows that:
a.
The number of dwelling units are within ten (10) percent of those shown on the approved detail plan but in no case shall any change exceed the limits established in this code;
b.
The yard depths and distances between main buildings are within ten (10) percent of those shown on the approved detail plan, but in no case shall these distances be reduced below the minimum established within this code;
c.
The open space is within ninety (90) percent or more of that provided on the detail plan;
d.
The building size does not exceed the building sizes shown on the detail plan by more than ten (10) percent nor that the building location does not depart by more than ten (10) percent from the location shown on the final plan.
T.
Filing or Recording. Upon final approval and after all conditions have been met, the developer shall record the final plan in the county deed records. If parcels are to be sold, the developer will also process and record a subdivision plat as provided in Chapter 58, Revised Code of Washington.
U.
Amending the Recorded Final Plan. The recorded final plan may be amended by filing the amended plan in the same manner as either an outline plan or a detail plan. A public hearing must be held and the manner processed in the same manner as if it were a new application. Such amendments shall be recorded in the same manner as the final plan and the amendment noted on the original recorded copy of the final plan.
V.
Common Open Space—Retention and Maintenance.
1.
The final development plan and program shall include a provision approved by the town council as being sufficient to assure permanent retention and maintenance of the common open space in a planned unit development overlay district. Such assurance may be in the form of restrictive covenants, dedication of open space to the public where such dedication will be accepted by the town council, an undertaking by an association of owners of the property within the planned unit development overlay district, or in any other form or by any other method approved by the town council as being practical and legally sufficient to assure the permanent retention and maintenance of the common open space. All legal documents to carry out the plan and program in this regard shall be filed by the applicant with the final development plan and program, and shall be subject to approval as to form by the town attorney. All such plans and programs shall contain provisions whereby the Town will be vested with the right to enforce the permanent retention and maintenance of the common open space, and further that in the event the common open space is permitted to deteriorate, or is not maintained in a condition consistent with the approved plan and program, then in such event the Town may, at its option, cause necessary maintenance to be performed and assess the costs thereof to the owners of the property within the planned unit development overlay district.
2.
No common open space may be put to any use other than as specified in the approved final development plan unless the development plan has been modified to permit such other use pursuant to subsection U of this section. No such modification of use shall be deemed as a waiver of any of the provisions of the approved final development plan assuring the permanent retention and maintenance of the common open space.
W.
Underground Utilities. In any planned development which is primarily designed for or occupied by dwellings, all electric lines, telephone facilities, fire alarm conduits, street light wiring and other wiring must be placed underground less this requirement is waived by the town council.
X.
Building Permits—Issuance after Final Plan Approval. Building permits shall be issued for construction only in accordance with the plan and program elements of the plan as finally approved by the town council.
Y.
Modifications to Development.
1.
Major Modifications. Application for major modifications in the final development plan and program must be submitted to the planning commission and town council, as if such application were an original application for a planned unit development overlay district.
2.
Minor Modifications. Minor modifications in the final development plan and program may be approved by the town planner. Such changes may include minor shifting of the location of buildings, proposed streets, public or private ways between the easements, parks or other features of the plan, but shall not include those changes of boundaries, changes in land use or other changes of location which are not devoted to specified land uses.
Z.
Violation of Terms of Approvals—Penalty—Enforcement. Deviation from any condition upon which final approval was granted, or from any condition shown on the approved final development plan and program, without prior compliance with subsection U of this section shall constitute a violation of this title punishable and enforceable in the manner provided for in Section 16.06.080.
AA.
Action on Nondevelopment. If, within three years after an application for a planned unit development overlay district, substantial construction has not been performed on the approved project, the overlay district will be voided unless the town council grants a longer period of time. This section shall not be construed so as to divest the town council of authority to change the underlying zoning of property within a planned unit development overlay district pursuant to and in accordance with the provisions of Section 16.06.070.
BB.
Damaged Building Restoration. Replacement or reconstruction of any buildings or improvements to buildings damaged or destroyed shall substantially conform to the originally approved planned unit development.
(Ord. 566 § 2 Exh. A (part), 1998)
A.
Intent and Purpose. The purpose of this overlay district is to provide areas where higher density residential uses are desirable, while maintaining a predominantly single-family character. Smaller lots and smaller houses characterize this overlay district, with a maximum square footage per dwelling unit. Specifically the CHOD is intended to:
1.
Provide a housing type that responds to changing household sizes, ages, and needs (e.g., retirees, small families, single person households);
2.
Provide opportunities for ownership of small, detached dwelling units within a single-family neighborhood;
3.
Provide opportunities for creative, diverse, and high quality infill development;
4.
Provide development compatible with existing neighborhoods with less overall bulk and scale than standard sized single-family detached dwellings;
5.
Encourage creation of more usable open space for residents of the development through flexibility in density and lot standards;
6.
Provide opportunities for small, detached dwelling units within an existing neighborhood;
7.
Support the growth management goal of more efficient use of urban residential land;
8.
Provide guidelines to ensure compatibility with surrounding land uses; and
9.
Promote opportunities for the development of traditional cottage housing styles.
B.
Applicability. The cottage housing overlay district is established outright as an overlay zone on qualifying lots in the medium density residential zone district. Cottage housing is also authorized within subareas B, D, and F of the MOA zone district consistent with the terms and conditions of the MOA. Cottage housing developments are subject to the standards set forth in CTC 16.12.085.
C.
Density. The density of a cottage housing development is as follows:
1.
MOA subareas B, D, and F—As delineated in the MOA;
2.
Medium density residential zone—Eight dwelling units per acre.
(Ord. 648 § 3 Exh. B (part), 2005)
The provisions of this title shall not be construed to limit or interfere with the installation, maintenance and operation of public utility pipe lines and electric or telephone transmission lines when located in accordance with the applicable rules and regulations of the state of Washington within rights-of-way, easements, franchise or ownerships of such public utilities.
(Ord. 566 § 2 Exh. A (part), 1998)
Any land annexed to the Town is made an LDR district until it is zoned otherwise.
(Ord. 566 § 2 Exh. A (part), 1998)
08 - ZONING DISTRICTS
The land use element of the Coupeville comprehensive plan provides a long-range vision through which all uses—housing, commerce, recreation, public facilities, open space, culture and transportation—are integrated to maintain and enhance the Town's desirable characteristics. Land use planning strives to facilitate the best use of all lands, developed and undeveloped. Toward this purpose, zoning districts are established to fulfill the following intent:
A.
To be the primary tool for implementing the adopted comprehensive plan future land use map. This map identifies the general distribution, location and extent of different land uses within the Town;
B.
To promote the social and economic stability of existing and future land uses by regulating the use of individual parcels of land to prevent unreasonable detrimental effects or encroachment by incompatible uses on neighboring properties;
C.
To preserve the historic, aesthetic and natural features of the Town by establishing high standards for community design, environmental protection and cultural/historic enhancement;
D.
To encourage active and appropriate stewardship of the land to protect and preserve the historic and natural features of the Ebey's Landing National Historical Reserve, pursuant to Public Law No. 95-625.
(Ord. 566 § 2 Exh. A (part), 1998)
A.
The Town of Coupeville is divided into zoning districts as shown on the official zoning map, which together with all explanatory matter thereon is adopted by reference and declared to be a part of Title 16.
B.
Regulations applying to each zone as set forth in this title are adopted.
C.
The official zoning map shall be identified by the signature of the mayor, under the following words: "This is to certify that this is the Official Zoning Map referred to in Section 16.08.020(A) of the Coupeville Town Code, as adopted under Ordinance No. [number of ordinance adopting new map]." The official zoning map shall be kept in town hall.
D.
In the event that the official zoning map becomes damaged, destroyed, lost or difficult to interpret because of the nature or number of changes and additions, the town council may by resolution adopt a new official zoning map. The new official zoning map may correct drafting or other errors or omissions, but no such correction shall have the effect of amending the zoning district designation for any land within the Town of Coupeville.
(Ord. 566 § 2 Exh. A (part), 1998)
Where uncertainty exists as to the boundaries of zoning 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 Town limits shall be construed as following the Town limits.
D.
Boundaries indicated as following shorelines shall be construed to follow such shorelines, and in the event of change in the shoreline shall be construed as moving with the actual shoreline.
E.
Boundaries indicated as parallel to or extensions of features indicated in Subsections A through D of this section shall be so construed. The scale of the map shall determine distances not specifically indicated on the official zoning map.
F.
All areas within the corporate limits of the Town which are under water and are not shown as included within any zone shall be subject to all of the regulations of the zone which immediately adjoins the water area.
G.
The zoning regulations shall apply equally to private and public property.
H.
Property which has not been specifically included within a zone shall be classified as LDR, low density residential district, until such classification is changed by amendment of the zoning ordinance as provided by law.
I.
Where the street or property layout existing on the ground is at variance with that shown on the official zoning map, or in other circumstances not covered by subsections A through E of this section, the town planner shall interpret the zone boundaries.
(Ord. 566 § 2 Exh. A (part), 1998)
It is the intent of the four primary residential zoning districts in Coupeville to provide housing options for all social and economic segments of the community, to provide for efficient public and private utility services, to promote efficient traffic patterns, to preserve and protect historic sites and structures, to recognize historic development patterns and to reflect the intent of the Coupeville comprehensive plan. The specific intents of each predominantly residential zoning districts are described below:
A.
Residential Reserve District (RR). This zoning district implements the residential reserve use designation on the comprehensive plan future land use map. It is intended to allow for very low density residential, agricultural, horticultural and floricultural uses, encouraging the retention of open space and rural character. It is intended further to maintain large areas free of impervious surfaces in order to increase the potential for natural infiltration of rainfall and the retention of natural drainage water patterns, minimizing the need for stormwater facilities and increasing the protection of groundwater resources. Allowed uses within the residential reserve district are as follows:
B.
Low Density Residential District (LDR). This zoning district implements the low density residential use designation on the comprehensive plan future land use map. It is intended to provide for rural lifestyles, promote open space and minimize impervious surfaces, and to provide a buffer to separate agricultural areas from the suburban and urban residential uses. Allowed uses within the low density residential district are as follows:
C.
Medium Density Residential District (RM-9600). This zoning district implements the medium density residential use designation on the comprehensive plan future land use map. These areas provide a stable environment for residential development, adequate public services to serve residential development and prohibit uses that would violate the single-family nature of the neighborhood. Allowed uses within the medium density residential district are as follows:
D.
High Density Residential District (RH). This zoning district implements the high density residential use designation on the comprehensive plan future land use map. It is intended to provide areas for higher density residential uses near commercial services and located to permit efficient delivery of public services. Allowed uses within the high density residential district are as follows:
Maximum Density. Except as provided for elsewhere in this title, the maximum density for multifamily dwellings is one dwelling unit for each four thousand (4,000) square feet of gross lot area.
(Ord. 614 § 4 Exh. D (part), 2001; Ord. 566 § 2 Exhs. A (part), B (part), 1998)
(Ord. No. 751, § 4, 8-27-2019)
It is the intent of the three primary commercial zoning districts to provide for areas of predominantly commercial land uses in appropriate areas of Coupeville, to assure that commercial development is harmonious in size and scale to the community and adjacent buildings, to provide for efficient vehicular and pedestrian traffic, to preserve the Town's historic, rural character, including but not limited to the residential use of a designated historic building that was originally constructed as a single family home, and to reflect the intent of the Coupeville comprehensive plan. The specific intent and allowed uses within each predominantly commercial zoning district are described below:
A.
Historic/Limited Commercial District (HLC). This zoning district implements in part the commercial designation on the comprehensive plan future land use map. This zoning district is reserved for the historic Front Street area between Alexander and Haller Streets (north of Coveland and Ninth Streets), including the Coupeville Wharf, and is intended to accommodate water-oriented uses, along with small-scale commercial uses which are compatible in size, scale and visual character with the district's historic character. Mixed use, adaptive reuse and preservation within a pedestrian scale environment are hallmarks of this district. Allowed uses within the historic/limited commercial zoning district are as follows:
B.
Town Commercial (TC). This zoning district implements in part the commercial designation on the comprehensive plan future land use map. It encompasses most the commercial areas outside of the Front Street historic area, including North and South Main Street, Coveland Street, and Birch Street NE. It is intended to provide for a wide range of commercial uses that are proportional in scale and compatible in character with historic uses in the Town, and that cater to both vehicular and nonmotorized access. More intensive, larger or automobile-dependent commercial land uses are not appropriate for this district. Allowed uses within the town commercial zoning district are as follows, provided that only professional offices are allowed as principal uses adjacent to SR 20:
C.
General Commercial (GC). This zoning district implements in part the commercial designation on the comprehensive plan future land use map. It is reserved for specific locations in Coupeville where commercial uses which are larger in scale, more automobile-oriented or more likely to impact neighboring properties may be sited without detracting unduly from the Town's historic character. The conditional use permit process is used to insure that all measurable impacts from these uses are identified and, if possible, mitigated through specific performance conditions. Allowed uses within the general commercial zoning district are as follows, provided that only professional offices are allowed as principal uses adjacent to SR 20:
(Ord. 596 § 1, 2000; Ord. 566 § 2 Exhs. A (part), B (part), 1998; Ord. No. 677, § 4, 10-13-2009; Ord. No. 690, § 1, 4-26-2011; Ord. No. 751, § 5, 8-27-2019)
It is the intent of this district to provide adequate land for uses which serve governmental functions, provide a wider community purpose or for areas designated as open space or future park development. Collectively, these uses serve the cultural, educational, recreational, religious, transportation and public service needs of the community. Allowed uses within the public/quasi-public zoning district are as follows:
(Ord. 566 § 2 Exhs. A (part), B (part), 1998)
Editor's note— Ord. No. 692, § 7, adopted Oct. 3, 2011, repealed § 16.08.070 in its entirety, which pertained to historic restoration overlay district and derived from Ord. 566 § 2 Exh. A (part), 1998.
A.
Intent and Purpose. The purpose of this chapter, providing for the establishment of a planned unit development overlay district, is to:
1.
Encourage flexibility in design and development that will encourage a more creative approach in the development of land and which will result in a more efficient, aesthetic and desirable use of the land.
2.
Permit flexibility of design, placement of buildings, use of required open spaces, circulation facilities, off-street parking areas, and otherwise to better utilize the potentials of sites characterized by special features of geography, topography, size or shape.
3.
Facilitate the adequate and economical provisions of streets and utilities.
4.
Preserve the natural and scenic qualities of open area.
B.
Minimum Area. The minimum area of a PUD, planned unit development shall be five acres.
C.
Pre-application Conference. In accordance with Section 16.06.030(A) of this title, appropriate Town staff shall meet with the applicant for the purpose of gathering general information and guidelines before entering into binding commitments or incurring substantial expense in the preparation of plans. Particular attention shall be given to the following:
1.
The present uses and character of the area;
2.
The road and street system in the area, especially:
a.
Neighborhood through routes,
b.
Designated collector and arterial streets, both existing or proposed,
c.
The right-of-way widths for all roads and streets,
d.
Whether streets or ways are to be public or private.
3.
Public and private open areas, parks and trails;
4.
Public and private utilities and services or their counterparts:
a.
Water,
b.
Sewer,
c.
Fire protection,
d.
Surface drainage,
e.
Electricity (underground),
f.
Telephone (underground),
g.
Street and common area lights,
h.
Television cable (underground),
i.
General concept of the developer.
D.
Rezone to Planned Unit Development Overlay District. The applicant may submit a verified rezone application requesting a change to planned unit development overlay district pursuant to Section 16.06.070 of this title which shall be accompanied by an outline development plan and program containing the elements and meeting the density, open space and all other requirements enumerated in subsections G through H of this section.
E.
Review Process.
1.
The application for a planned unit development overlay district shall be considered first by the planning commission at a public meeting within the time and in the manner provided by Section 16.06.050(D)(4) of this title. If a preliminary subdivision is part of the application, requirements for public meetings and plat content contained in Chapter 16.16 shall also be complied with.
2.
The minutes of the planning commission public meeting, along with any recommendation, shall be forwarded to the town council for a public hearing on the application. The public hearing and notice of decision shall be conducted in accordance with Sections 16.06.040 and 16.06.050 of this title.
F.
Decision Criteria. Approval or denial of the proposal to rezone shall be based on the following criteria:
1.
Substantial conformance to the comprehensive plan;
2.
The proposal's harmony with the surrounding area, or its potential future use;
3.
The system of ownership and means of development, preserving and maintaining open space;
4.
The adequacy of the size of the proposed overlay district to accommodate the contemplated development.
G.
Outline Development Plan and Program—Plan Elements. The elements of the outline development plan shall be as follows:
1.
Existing maps drawn to a scale of not less than one inch to one hundred (100) feet and proposed contour map;
2.
Location, with the names, of all existing and proposed streets, public ways, utility rights-of-way, parks or other open spaces and all land uses within five hundred (500) feet of the boundary of the development;
3.
Existing sewers, water mains and other underground facilities within and adjacent to the development and their certified capacities;
4.
Proposed sewer or other waste disposal facilities, water mains and other underground utilities;
5.
Preliminary subdivision plan;
6.
Proposed land use plan;
7.
Community facilities plan;
8.
Location and amount of open space, screening and landscaped areas;
9.
Traffic flow plan;
10.
Location and dimension of walks, trails or easements;
11.
Location, arrangement, number and dimensions of truck loading and unloading spaces and docks;
12.
Approximate location of building and/or structures, indicating general height, bulk, and number of dwelling units;
13.
Indication of stages of development.
H.
Outline Development Plan and Program—Program Elements. The elements of the outline development program shall be as follows:
1.
Statement of goals and objective (i.e., why it would be in the public interest and be consistent with the comprehensive plan);
2.
Evidence of resources available to develop the project;
3.
Tables showing total number of areas, distribution of area by use, percent designated for each dwelling type, type of off-street parking, streets, parks, playgrounds, schools and open spaces;
4.
Tables indicating overall densities and density by dwelling types and any proposal for the limitation of density;
5.
Time table of development;
6.
Preliminary storm water drainage plan.
I.
Common Open Space—Requirements Generally.
1.
Common open space in a planned unit development overlay district shall meet the following requirements:
a.
The location, shape, size and character of the open space must be suitable for the planned unit development.
b.
Common open space must be used for amenity or recreational purposes. The uses authorized for the common open space must be appropriate to the scale and character of the planned unit development, considering its size, density, expected population, topography, number and type of dwelling units to be provided.
c.
Common open space must be suitably improved for its intended use, but common open space containing natural features may be left unimproved. The buildings, structures and improvements which are permitted in the common open space must be appropriate to the uses which are authorized for common open space and must conserve and enhance the amenities of the common open space in regard to its topography and unimproved condition.
2.
The development schedule, which is part of the development plan, must coordinate improvement of common open space, construction of buildings, structures and improvements in the common open space, and the construction of residential dwellings in the planned unit development.
J.
Detail Plan. The purpose of the detail plan is to provide a specific plan upon which the town council can base their decision and with which substantial compliance is necessary for preparation of the final plan. When seeking approval of the planned development, the detail plan shall be filed:
1.
As the initial plan for the entire development if no outline plan has been approved at the time application is made.
2.
As the second step when an outline plan has been approved:
a.
Such detail plan may be filed in phases.
b.
The first phase of the entire detail plan shall be submitted within twelve (12) months following approval of the outline plan, unless an extension has been granted.
c.
Detail plans for subsequent phases, if more than one phase is used, shall be filed at least sixty (60) days prior to the construction date set forth in the timetable unless an extension has been granted as herein provided.
K.
Maps, Written Statements and Application. The detail plan shall be accompanied by an application on a form supplied by the Town. The detail plan shall include the following information and shall be prepared on material which is suitable for printing by the ozalid (blueline) process:
1.
A scale map showing the following for the planned development site:
a.
The topography in sufficient detail to determine the grades and character of the site as they relate to the improvements and to the adjacent area;
b.
The location of all thoroughfares and walks, their widths and the nature of their improvements and whether they are to be public or private;
c.
The location, layout and the surfacing of all off-street parking areas;
d.
The property boundary lines;
e.
The individual lot lines of each parcel that is to be created for separate ownership;
f.
The location of easements for the water lines, fire hydrants, sewer and storm sewer lines, and the location of the electric, gas and telephone lines, television cable, and the lighting plans;
g.
The landscaping and tree planting plan, including species and size, with a notation indicating the existing trees and shrubs which are to be retained;
h.
The common facilities, open areas and spaces, and the particular uses which are intended for them;
i.
The areas proposed to be conveyed, dedicated, reserved or used for parks, scenic-ways, playgrounds, schools, public buildings and similar public and semipublic uses and whether such areas are to be public or private;
j.
If the planned development is to be constructed in phases, indicate the area of each phase on the map; and
k.
A plan showing the following for each existing or proposed building or structure for all sites, except single-family lots:
i.
Its location on the lot and within the planned development,
ii.
The intended use,
iii.
The number of dwelling units in each residential building.
2.
Elevation drawings of all typical proposed structures except single-family residences. The drawings shall be accurate and to scale but need not be the final working drawings.
3.
The location of all buildings on abutting properties. If accurate information was submitted for the outline plan, this will be sufficient.
4.
The manner of financing for the planned development.
5.
The present ownership of all of the land in the planned development.
6.
A development time schedule indicating:
a.
The approximate date when construction of the project will begin;
b.
The phases in which the project will be built and the approximate date when construction of each phase will begin;
c.
The approximate dates when development of each phase will be completed;
d.
The area and location of open space that will be provided at each phase.
7.
Proposed documents providing for ownership, maintenance, operation of common facilities and open space, restrictive covenants, and architectural design review.
8.
Detailed storm drainage management plan.
L.
Detail Plan Approval.
1.
The detail plan shall be considered in the same manner as provided in subsection E of this section.
2.
Approval of the detail plan in whole or in phases is contingent upon substantial conformance to the outline plan and to the standards set forth in this chapter. The town council may impose reasonable conditions upon its approval to insure conformance to the approved plan. This substantial conformance is intended solely to facilitate the minor modifications from one planning step to another. It is not the intent, nor shall these modifications be used to increase the total area covered or decrease the total open space as approved by the town council. The town council may fail to find substantial conformance to exist if, in their opinion, the adjustments provided in subsection (L)(3) of this section are being used to significantly modify the approved plan.
3.
Substantial conformance shall exist when the comparison of the detail plan to the approved outline plan shall show that:
a.
There are the same or fewer number of dwelling units;
b.
The open space is in the same general location and in the same general amount, or a greater amount;
c.
The buildings have the same or less number of stories;
d.
The roads and drives follow approximately the same course, have the same or greater width, have the same public or private rights therein and have the same termini and serve the same or fewer dwelling units; and
e.
The detail plan is within the intent and purpose of the outline plan.
4.
The detail plan approved, either for a phase or for the entire plan, shall be valid for a twelve (12) month period. The town planner may extend approval for additional six month periods.
M.
Disapproval of Detail Plan. If the detail plan is not in substantial conformance to the purpose and intent of the outline plan, or an applicable portion thereof, the town council shall not approve the detail plan. If it is not modified to conform to the outline plan, the developer may request a new public meeting before the planning commission and public hearing before the town council. The revised detail plan shall be considered as if it were a new application.
N.
Site Improvements. The developer may place street improvements, sidewalks, utilities and other permanent site improvements or stake the location of the buildings and make application for building permits after detail plan approval; however, the placing of improvements will not obligate the town council to grant approval of the final plan. Under no circumstances will any building permit be issued until final approval has been granted and the necessary portions of the final plan recorded.
O.
Final Plan. The purpose of the final plan is to formalize into the final, legal document form the plans which were approved in the detail plan step. The final plan, when properly filed in the county deed records shall serve as the permanent public record of the planned development.
P.
Contents. The final plan shall contain the information required in subsection K of this section for the detail plan. The final plan will be prepared or printed on permanent high grade paper in a form suitable for inclusion in the deed records of the county. If parcels of land are to be sold, a "hard copy" subdivision plat in the form prescribed by Section 16.16.120(B) of this title shall also be filed with the final plan. Condominium plats shall conform to Washington law and shall not be reviewed by the planning commission or town council.
Q.
Filing. The final plan shall be filed within twelve (12) months of the date of the granting of the detail plan approval.
R.
Placing of Improvements. The Town of Coupeville shall require, as a condition to granting final approval, that the street, utility, parking, sidewalk, landscaping, common facilities and open space improvements will be placed. In lieu of the installation of the foregoing required improvements, the Town may permit the developer to deposit a performance bond with the town council in an amount not less than one hundred twenty-five (125) percent of the estimate for all required improvements. This amount of the estimate shall be prepared by the applicant for approval by the public works director. If a subdivision plat is used to divide property, the conditions of approval contained in Section 16.16.040 shall apply. All required improvements are to be completed by the subdivider within one year from the date of the approval of the final plan by the town council. If said improvements are not completed in the specified time, the town council may use the bond or any portion thereof to complete the same.
S.
Final Plan Approval.
1.
The planning commission and council shall review and approve the final plan if it is in substantial conformance with the detail plan. Nothing in these provisions shall limit reduction of the number of dwelling units or increasing open space, provided that if this is done for one phase the number of dwelling units shall not be transferred to another phase, nor the open space be reduced below that permitted in the detail plan. This substantial conformance provision is intended solely to facilitate the minor modifications from one planning step to another. It is not the intent, nor shall these modifications be used to increase the total area covered or decrease the total open space as approved by the town council. The council may fail to find substantial conformance to exist, if in their opinion, the adjustments provided below are being used to significantly modify the approved plan.
2.
Substantial conformance shall exist when the comparison of the detail plan with the final plan shows that:
a.
The number of dwelling units are within ten (10) percent of those shown on the approved detail plan but in no case shall any change exceed the limits established in this code;
b.
The yard depths and distances between main buildings are within ten (10) percent of those shown on the approved detail plan, but in no case shall these distances be reduced below the minimum established within this code;
c.
The open space is within ninety (90) percent or more of that provided on the detail plan;
d.
The building size does not exceed the building sizes shown on the detail plan by more than ten (10) percent nor that the building location does not depart by more than ten (10) percent from the location shown on the final plan.
T.
Filing or Recording. Upon final approval and after all conditions have been met, the developer shall record the final plan in the county deed records. If parcels are to be sold, the developer will also process and record a subdivision plat as provided in Chapter 58, Revised Code of Washington.
U.
Amending the Recorded Final Plan. The recorded final plan may be amended by filing the amended plan in the same manner as either an outline plan or a detail plan. A public hearing must be held and the manner processed in the same manner as if it were a new application. Such amendments shall be recorded in the same manner as the final plan and the amendment noted on the original recorded copy of the final plan.
V.
Common Open Space—Retention and Maintenance.
1.
The final development plan and program shall include a provision approved by the town council as being sufficient to assure permanent retention and maintenance of the common open space in a planned unit development overlay district. Such assurance may be in the form of restrictive covenants, dedication of open space to the public where such dedication will be accepted by the town council, an undertaking by an association of owners of the property within the planned unit development overlay district, or in any other form or by any other method approved by the town council as being practical and legally sufficient to assure the permanent retention and maintenance of the common open space. All legal documents to carry out the plan and program in this regard shall be filed by the applicant with the final development plan and program, and shall be subject to approval as to form by the town attorney. All such plans and programs shall contain provisions whereby the Town will be vested with the right to enforce the permanent retention and maintenance of the common open space, and further that in the event the common open space is permitted to deteriorate, or is not maintained in a condition consistent with the approved plan and program, then in such event the Town may, at its option, cause necessary maintenance to be performed and assess the costs thereof to the owners of the property within the planned unit development overlay district.
2.
No common open space may be put to any use other than as specified in the approved final development plan unless the development plan has been modified to permit such other use pursuant to subsection U of this section. No such modification of use shall be deemed as a waiver of any of the provisions of the approved final development plan assuring the permanent retention and maintenance of the common open space.
W.
Underground Utilities. In any planned development which is primarily designed for or occupied by dwellings, all electric lines, telephone facilities, fire alarm conduits, street light wiring and other wiring must be placed underground less this requirement is waived by the town council.
X.
Building Permits—Issuance after Final Plan Approval. Building permits shall be issued for construction only in accordance with the plan and program elements of the plan as finally approved by the town council.
Y.
Modifications to Development.
1.
Major Modifications. Application for major modifications in the final development plan and program must be submitted to the planning commission and town council, as if such application were an original application for a planned unit development overlay district.
2.
Minor Modifications. Minor modifications in the final development plan and program may be approved by the town planner. Such changes may include minor shifting of the location of buildings, proposed streets, public or private ways between the easements, parks or other features of the plan, but shall not include those changes of boundaries, changes in land use or other changes of location which are not devoted to specified land uses.
Z.
Violation of Terms of Approvals—Penalty—Enforcement. Deviation from any condition upon which final approval was granted, or from any condition shown on the approved final development plan and program, without prior compliance with subsection U of this section shall constitute a violation of this title punishable and enforceable in the manner provided for in Section 16.06.080.
AA.
Action on Nondevelopment. If, within three years after an application for a planned unit development overlay district, substantial construction has not been performed on the approved project, the overlay district will be voided unless the town council grants a longer period of time. This section shall not be construed so as to divest the town council of authority to change the underlying zoning of property within a planned unit development overlay district pursuant to and in accordance with the provisions of Section 16.06.070.
BB.
Damaged Building Restoration. Replacement or reconstruction of any buildings or improvements to buildings damaged or destroyed shall substantially conform to the originally approved planned unit development.
(Ord. 566 § 2 Exh. A (part), 1998)
A.
Intent and Purpose. The purpose of this overlay district is to provide areas where higher density residential uses are desirable, while maintaining a predominantly single-family character. Smaller lots and smaller houses characterize this overlay district, with a maximum square footage per dwelling unit. Specifically the CHOD is intended to:
1.
Provide a housing type that responds to changing household sizes, ages, and needs (e.g., retirees, small families, single person households);
2.
Provide opportunities for ownership of small, detached dwelling units within a single-family neighborhood;
3.
Provide opportunities for creative, diverse, and high quality infill development;
4.
Provide development compatible with existing neighborhoods with less overall bulk and scale than standard sized single-family detached dwellings;
5.
Encourage creation of more usable open space for residents of the development through flexibility in density and lot standards;
6.
Provide opportunities for small, detached dwelling units within an existing neighborhood;
7.
Support the growth management goal of more efficient use of urban residential land;
8.
Provide guidelines to ensure compatibility with surrounding land uses; and
9.
Promote opportunities for the development of traditional cottage housing styles.
B.
Applicability. The cottage housing overlay district is established outright as an overlay zone on qualifying lots in the medium density residential zone district. Cottage housing is also authorized within subareas B, D, and F of the MOA zone district consistent with the terms and conditions of the MOA. Cottage housing developments are subject to the standards set forth in CTC 16.12.085.
C.
Density. The density of a cottage housing development is as follows:
1.
MOA subareas B, D, and F—As delineated in the MOA;
2.
Medium density residential zone—Eight dwelling units per acre.
(Ord. 648 § 3 Exh. B (part), 2005)
The provisions of this title shall not be construed to limit or interfere with the installation, maintenance and operation of public utility pipe lines and electric or telephone transmission lines when located in accordance with the applicable rules and regulations of the state of Washington within rights-of-way, easements, franchise or ownerships of such public utilities.
(Ord. 566 § 2 Exh. A (part), 1998)
Any land annexed to the Town is made an LDR district until it is zoned otherwise.
(Ord. 566 § 2 Exh. A (part), 1998)