Friday Harbor City Zoning Code
CHAPTER 17
32 COMMERCIAL ZONE
§ 17.32.010 Purpose.
The purpose of the commercial zone is to provide retail and professional services and such other uses as may be compatible.
(Ord. 1172 § 38, 2001)
§ 17.32.020 Permitted uses.
Permitted uses in a commercial zone shall be as follows:
A.
Retail sales not requiring outdoor storage;
B.
Professional services;
C.
Indoor entertainment and amusement;
D.
Transient accommodations;
E.
Technical services;
F.
Governmental services;
G.
Churches;
H.
Marinas;
I.
Commercial parking lots; and
J.
Community or public park and recreational facilities; and
K.
Ancillary residential uses on other than ground floor street front areas shall be less than 50 percent of the total habitable square footage.
(Ord. 1172 § 39, 2001; Ord. 1372 § 10, 2008)
§ 17.32.030 Conditional uses.
Conditional uses in a commercial zone shall be as follows:
A.
Public and private utility structures;
B.
Automobile and other machinery repair services contained within an enclosed building; and
C.
Self-storage rental units.
(Ord. 1172 § 40, 2001)
§ 17.32.040 Lot coverage.
A.
In the downtown core area, as defined in FHMC § 17.08.180, there shall be no limitation on lot area covered by structures.
B.
In all other areas of a commercial zone, lot area covered by structures shall not exceed 60 percent; provided, that the 60 percent undeveloped area of any lots, or portion thereof, within the view protection overlay district[1] shall be located, in equal amounts, within the side yards of said lots, unless the proportion is administratively adjusted under the provisions of FHMC § 17.32.060(F).
[1]
Editor's Note: Exhibit E View Protection Overlay District Map is included as an attachment to this title.
C.
In all areas of a commercial zone outside of the downtown core, lot area covered by structures may be up to 70 percent; provided, that 50 percent of the required parking is located within the structure footprint.
(Ord. 1172 § 41, 2001; Ord. 1372 § 11, 2008)
§ 17.32.050 Yards.
Yards in a commercial zone shall be as follows:
A.
Yards shall not be required in the downtown core area. Exterior walls of buildings shall be constructed in accordance with the fire resistive requirements of the most recently adopted edition of the Uniform Building Code.
B.
Lots within or those portions within the view protection overlay district shall have side yards of not less than 10 feet each, but shall not be required to have a front or back yard. This side yard requirement may be administratively adjusted under the provisions of FHMC § 17.32.060(F). Exterior walls of buildings shall be constructed in accordance with the fire resistive requirements of the most recently adopted edition of the Uniform Building Code.
C.
In all other areas of the commercial zone, rear and side yards shall total not less than 20 feet. Exterior walls of buildings shall be constructed in accordance with the fire resistive requirements of the most recently adopted edition of the Uniform Building Code.
(Ord. 1172 § 42, 2001)
§ 17.32.060 View protection overlay district.
A.
Purpose and Goal. The purpose of the view protection overlay district is to fulfill the mandate of Section 34 of the State Shoreline Management Act of 1971 (RCW 90.58.340) by enacting regulations that apply to certain upland areas, adjacent to the shorelines regulated under the town's shoreline master program (Chapter 19.04 FHMC), as amended from time to time, in order to achieve a use policy for said areas that will have some consistency with the policies of the State Act and the shoreline master program. Public shoreline views should be preserved to the maximum extent consistent with the rights of the owner whose property is proposed for development. Wherever reasonable, existing public shoreline views should be enhanced; provided, that enhancement of views should not be construed to mean excessive removal of vegetation that obstructs or impairs views, and new public shoreline views should be created.
B.
District Created. A view protection overlay district is hereby created, consisting of those lands within the area depicted on the view protection overlay district map attached to the ordinance codified in this title as Exhibit E[1].
[1]
Editor's Note: Exhibit E View Protection Overlay District Map is included as an attachment to this title.
C.
Definitions. For the purposes of this section, the terms set out in this subsection shall have the meanings indicated.
1.
"Public shoreline view"
means a view of the local shoreline and all salt water and all territorial views beyond the salt water, or any significant portion thereof, which is consistently available to general members of the public from any street, park, or other publicly owned area, or any such view that is consistently available to substantial numbers of people from privately owned property that is open to use by general members of the public on a regular basis; and
2.
"Local shoreline"
means the shorelands located within the town of Friday Harbor and all of the salt water areas lying within the town's jurisdiction.
D.
Applicability. This section shall apply to all uses and development on any lot or portion thereof lying within the view protection overlay district.
E.
Development Requirements.
1.
All uses and development within the view protection overlay district shall be located, designed and constructed to minimize the impact on public shoreline views. The administrative adjustment procedure set forth in subsection F of this section may be used to minimize the amount of view loss that would otherwise result from development within the district.
2.
In recognition of the fact that nearly all development projects will include some increase in the extent to which structures will occupy a given site, the amount of acceptable public shoreline view loss, if any, shall be determined by giving due regard to the following factors:
a.
The nature, significance, and extent of existing public shoreline views across the property to include:
i.
The number of points from which such views exist, and the size and location of each;
ii.
The content and quality of the particular view available from each such point, to include any territorial components that may be an integral part of the view; and
iii.
The extent to which any such views might be obscured or lost by seasonal or other changes in existing or reasonably anticipated vegetation or by reasonably likely new development on other property, both shoreline and nonshoreline, in the immediate area.
b.
The nature, significance, and extent of public shoreline view loss or gain that would likely result from the proposed development, to include:
i.
The number of existing view points which would be impacted and the extent of view loss reasonably anticipated for each;
ii.
Whether or not any existing views will be enhanced or new view points created by the project; and
iii.
Whether on not it appears that there will be a net gain or net loss of public shoreline views.
c.
The extent to which public shoreline views are already being preserved or enhanced by the owner's election, for whatever reason, to propose less than the full measure of development rights available to the subject property.
d.
The extent to which public shoreline view preservation limitations on the development, beyond those contained in the proposal, would reduce the value of the subject property.
e.
The extent to which development on other properties in the immediate area has already degraded or preserved public shoreline view.
3.
In evaluating the significance of existing public shoreline views, under subsection (E)(2)(a) of this section:
a.
The public shoreline view corridors identified in the town's shoreline master program shall be conclusively deemed of greater value than other public shoreline view points;
b.
Public shoreline views from streets, sidewalks, parks or other public property shall be presumed of greater value than public shoreline views from privately owned property;
c.
Public shoreline views from the vehicle lanes of the town's streets shall be presumed of lesser value than those from other public places; and
d.
Public shoreline views of greater expanse shall be presumed of more value than those of significantly lesser expanse.
F.
View Mitigation Permit.
1.
The property owner may request an administrative adjustment to the standards set forth in FHMC § 17.32.040(B) and § 17.32.050(B); provided, however, that no mitigation adjustment shall allow lot coverage greater than 50 percent. An adjustment may be administratively approved only if it will mitigate the impact to public shoreline views which would result from strict application of the requirements of FHMC § 17.32.040(B) and § 17.32.050(B).
2.
Upon approval, the town shall issue a view mitigation permit, setting forth any conditions attached to the approval, including the providing of a bond to the town if deemed necessary. The view mitigation permit shall be valid only for the specific development being proposed and shall expire if that development project has not been substantially completed within two years of the time all development permits for the project have been approved.
(Ord. 1172 § 43, 2001)
§ 17.32.070 Access requirements.
Access requirements for a commercial zone shall be as defined in the street and storm drainage standards as defined in Chapter 12.02 FHMC.
(Ord. 1172 § 44, 2001)
