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Gold Bar City Zoning Code

CHAPTER 17

04 - GENERAL PROVISIONS

17.04.010 - Statement of purpose.

The purpose and intent of this title is to provide the authority for, and the procedures to be followed, in guiding and regulating the physical development of the city through correlating both public and private projects and coordinating their execution with respect to all subject matters utilized in developing and servicing land, all to the end of assuring the highest standards of environment for living, the operation of commerce, industry, agriculture and recreation, and assuring maximum economies in order to conserve the highest degree of public health, safety, morals and welfare. The zoning code is the primary implementation tool to carry out the goals, policies and objectives of the adopted city Growth Management Act (GMA) comprehensive plan.

(Ord. 543 § 1 (part), 2001)

17.04.020 - Interpretation and conflict.

In interpretation and application, the requirements set forth in this title shall be considered the minimum requirements necessary to accomplish the purposes of this title. It is not intended by this title to interfere with or abrogate or annul any easements, covenants or other agreements between parties; provided, however, that where this title imposes a greater restriction upon the use of buildings or land or requires larger space than is imposed or required by other ordinances, rules or private agreements, the provisions of this title shall govern.

(Ord. 543 § 1 (part), 2001)

17.04.025 - Legal effect.

Under the Washington State Growth Management Act, all zoning actions and development regulations must be consistent with the community's adopted comprehensive plan. This requirement had never been specifically stated in the law prior to the passage of the Growth Management Act. This requirement gives greater legal weight to the map and text of the comprehensive plan.

(Ord. 543 § 1 (part), 2001)

17.04.030 - Title for citation.

This title will be cited as the Gold Bar zoning code.

(Ord. 543 § 1 (part), 2001)

17.04.040 - Adoption of zoning maps.

For the purpose of designating the exact boundaries of zoning districts, the city council hereby adopts the Gold Bar zoning map, 2005 edition, incorporated by this reference as if set forth in full. A copy of the Gold Bar zoning map, shall be kept in the city clerk-treasurer's office for inspection by the public. Zoning in the Gold Bar zoning map for areas outside the city limits of the city shall be construed as preannexation zoning, as permitted by RCW 35A.14.330 and RCW 35A.14.340. Such preannexation zoning shall become effective for areas outside of the city limits upon the effective date of the annexation of those areas.

(Ord. 595 § 3, 2005: Ord. 543 § 1 (part), 2001)

17.04.050 - Conformity with this title required.

No use or structure shall be established, substituted, expanded, constructed, altered, moved, maintained or otherwise changed except in conformance with this title. Creation of or changes to lot lines shall conform with the use provisions, dimensional and other standards and procedures of this title. All land uses and development authorized by this title shall comply with the comprehensive plan and all other applicable local, state or federal laws. Where a difference exists between this title and other city regulations, the more restrictive requirement shall apply. Where more than one (1) part of this title applies to the same aspect of a proposed use or development, the more restrictive requirement shall apply.

(Ord. 543 § 1 (part), 2001)

17.04.070 - Unlisted uses.

A.

Land uses which are expressly permitted in a zoning district shall be permitted subject to the review processes, standards and regulations specified in this title.

B.

If a proposed use is not expressly permitted in a zoning district, the public works director shall determine which permitted use best approximates the proposed use. The public works director shall then permit the proposed use in the zoning districts in which the use or use(s) that approximates the use are permitted, subject to all terms and conditions that apply to the permitted use(s). The public works director may add a conditional use permit requirement to the proposed use, if existing requirements do not adequately address the adverse impacts of the proposed use. The public works director shall not permit a use that serves as a safety hazard or nuisance or that is otherwise prohibited by this title or that is prohibited in GBMC Section 17.48.030.

C.

A permitted or conditionally permitted use approximates a proposed use if it meets the following criteria:

1.

The proposed use is of the same basic nature as the permitted or conditionally permitted use in terms of the following:

a.

The activities involved in or equipment or materials employed in the use;

b.

The effects of the use on the surrounding area, such as traffic impacts, noise, dust, odors, vibrations, lighting and glare, and aesthetic appearance.

2.

The use is consistent with the stated purpose of the applicable zoning district(s).

3.

The use is compatible with the goals and policies of the Gold Bar comprehensive plan.

D.

The public works director's determination of whether a proposed use is permitted or conditionally permitted in any given zoning district shall be construed as a Type I decision for purposes of Title 19 GBMC.

(Ord. 595 § 4, 2005; Ord. 543 § 1 (part), 2001)

17.04.080 - Compatibility of uses.

Any proposed use permitted in this title shall be prohibited if it unreasonably interferes or is likely to unreasonably interfere with existing permitted uses in adjoining properties or any other existing permitted uses in the city of Gold Bar by reason of odor, dust, noise, smoke, gas, vapor, or vibrations beyond the boundaries upon which the proposed use will be operated. "Permitted uses" for purposes of this paragraph do not include nonconforming uses.

(Ord. 543 § 1 (part), 2001)

17.04.090 - Architectural design requirements.

A.

Single-family dwellings, multifamily dwellings and manufactured homes used for residential dwelling shall have a minimum living floor area of eight hundred (800) square feet when located in a residential zoning district, unless the manufactured home is placed in a mobile home park. "Living floor area" shall be floor area as defined in the most current edition of the International Building Code that is fully enclosed for purposes of residential dwelling. Living floor area shall not include garages, carports, porches, porticos, and other similar additions to a single-family dwelling that are not part of the dwelling's heating system.

B.

All buildings, including manufactured homes but excluding accessory buildings, shall have a minimum of eight hundred (800) square feet of floor area as defined in the most current edition of the International Building Code in the neighborhood business zone or in any zoning district where the building is located within three hundred (300) feet of a city residential zoning district. Manufactured homes are exempt from the three hundred-foot requirement if they are placed upon a mobile home park lot that was created prior to December 1, 1998.

C.

Single-family dwellings, multifamily dwellings and manufactured homes used for residential dwellings shall be constructed with a wood shake or shingle, coated metal, or similar roof of not less than 3:12 pitch.

D.

All new and/or expanded commercial structures are encouraged to incorporate the city's logging and mining theme into its design. Copies of design examples are available from the public works department.

E.

Manufactured homes, built to 42 U.S.C. Sections 5401—5403 standards (as amended in 2000) may be sited in the same manner as site built homes and factory built homes provided that:

1.

The manufactured home is a new manufactured home;

2.

The manufactured home be set upon a full perimeter permanent foundation, as specified by the manufacturer, and that the space from the bottom of the home to the ground be enclosed by concrete or an approved concrete product which can be either load bearing or decorative;

3.

The manufactured home complies with all local design standards applicable to all other homes within the neighborhood in which the manufactured home is to be located;

4.

The manufactured home is thermally equivalent to the state energy code;

5.

The manufactured home otherwise meets all other requirements for a designated manufactured home as defined in RCW 35.63.160.

(Ord. 595 §§ 5, 6, 2005; Ord. 543 § 1 (part), 2001)

(Ord. No. 721, § I, 10-16-2018)