A.   Purpose: The purpose of this section is to establish dimensional standards for development. These standards are established to provide flexibility in project design and promote high quality development within the City.

   B.   Density Standards: All residential density provisions are herein expressed in terms of minimum lot size based on the density standards adopted in the comprehensive plan.

      1.   Density bonuses and shifting in accordance with planned unit developments and clustering shall be authorized in approvals as described in section 13-6-4 of this title.

   C.   Lot Size, Setback, Height, And Coverage Standards: Table 1 of this section sets forth the required development standards for the zones.

      1.   Setback Measurement: A setback is measured from the edge of a street right of way, access easement or private road. Where there is no street right of way, access easement or private road, a setback is measured from the property line.

      2.   Designation Of Required Setbacks: All lots except pipestem lots must contain at least one front yard setback. A front yard setback shall be required abutting each right of way on corner lots and through lots. All lots must contain one rear yard setback except for corner, through, and pipestem lots. All other setbacks will be considered side yard setbacks.

      3.   Through Lots: In the case of a through lot, a front yard setback is required abutting each street right of way.

      4.   Front Yard Setback Averaging: Averaging may be used to reduce a front yard setback requirement when a principal building has been established on an adjacent lot within the required yard. This provision shall not apply if the adjacent lot has received a reduced setback based upon a discretionary land use approval. This exception shall be calculated as follows:

         a.   Averaging shall be calculated by adding the existing front yard setbacks of the adjacent lots together and dividing that figure by two (2).

         b.   When an adjacent lot is vacant, averaging shall be calculated by adding the front yard setback of the adjacent developed lot with the minimum front yard setback of the zone in which the construction is proposed and dividing that figure by two (2).

      5.   Slopes: If the topography of a lot is such that the minimum front yard setback line is eight feet (8') or more above the street grade, and there is no reasonable way to construct a driveway up to the dwelling unit level, a garage/carport may be built into the bank and set at least five feet (5') back from the right of way.

      6.   Accessory Structures, Interior Yard and Rear Yard Exceptions: Detached one-story accessory structures shall maintain a minimum five-foot (5') setback, except in the MUTC zone. This does not apply to accessory dwelling units.

      8.   Bus Shelters: Bus shelters for school district or transit authority purposes may be located within a front yard setback when located on private property if they do not exceed fifty (50) square feet of floor area and one story in height, provided all applicable site distance requirements are met.

      9.   Projection Exception:

         a.   Fireplace structures, bay or garden windows, enclosed stair landings, ornamental features, or similar structures may project into any setback, provided such projections are:

            (1)   Limited to two (2) per required yard.

            (2)   Not wider than ten feet (10').

            (3)   Not more than eighteen inches (18") into a side yard setback or two feet (2') into a rear yard setback.

            (4)   Not more than three feet (3') into a front yard setback.

         b.   Uncovered porches and decks which do not exceed thirty inches (30") from finished lot grade may project into any setback, provided such projections do not extend more than six feet (6') into a front yard setback or no closer than five feet (5') to the side lot line.

         c.   Wheelchair ramps may project into any required setback.

      10.   Rear Yards, Exception: In the case of triangular or otherwise irregularly shaped lots, a line ten feet (10') in length entirely within the lot, parallel to and at a maximum distance from the front lot line may be considered the "rear lot line" at the owner's discretion. If the owner does not select such a line, the city may do so.

   D.   Height Standards: (See figure 13.35-1 set forth in subsection D3 of this section for measuring building heights.)

      1.   Measurement: The height of a fence located on a rockery, retaining wall, or berm shall be measured from the top of the fence to the ground on the high side of the rockery, retaining wall, or berm.

         a.   Walls, fences, and berms up to three feet (3') in height may be located on any part of a lot. Open fences may be up to four feet (4') in height.

         b.   Walls, fences and berms up to six feet (6') in height may be located to the rear of the front wall line of the principal residence unless otherwise determined to provide a site distance hazard by the building inspector.

         c.   The provisions of this section shall not apply to fences required by state law to surround public utility installations, or to fences enclosing school grounds and public playgrounds. A building permit shall be required for construction of any wall or fence located within the city.

      2.   Exceptions: Height standards shall not apply to the following:

         a.   Church spires, belfries, domes, chimneys, antennas, satellite dishes, ventilation stacks, or similar structures, provided the structure is set back from all property lines a distance equal to the height of the structure.

         b.   Rooftop mechanical equipment. All rooftop mechanical equipment may extend ten feet (10') above the height limit of the zone, provided all equipment is set back ten feet (10') from the edge of the roof.

         c.   Utility towers and poles subject to review of site location.

      3.   Figure:

   E.   General Development Standards:

      1.   Existing Lot; Single-Family Dwelling Permitted: In any zone that permits a single-family dwelling unit, a single-family dwelling unit and permitted accessory structures may be constructed or enlarged on one lot which cannot satisfy the density requirements of the zone where the lot was legally created prior to the effective date of this regulation. This section shall not waive the requirements for setbacks and height of the zone in which the lot is located.

      2.   Combining Lots; Interior Yard Setback Exception: Where two (2) or more lots are used as a building site and where principal buildings cross lot lines, interior yard setbacks shall not be required from those lot lines crossed by the principal building.

      3.   Legally Created Lots; Development Permitted Proof:

         a.   Development shall be permitted only on legally created lots.

         b.   To establish that a lot has been legally created, the applicant must provide one of the following:

            (1)   A copy of formal plat, short plat, or large lot subdivision approved by Pierce County separately describing the lot.

            (2)   A copy of the boundary line adjustment or lot combination separately describing the lot.

            (3)   Documentation that the creation of the lot was exempt from the provisions of the subdivision title.

            (4)   A deed, contract of sale, mortgage, recorded survey, or tax segregation that separately describes the lot.

      4.   Pipestem (Flag) Lots: Pipestem (flag) lots in all residential zones are discouraged. In the RC and RMF Zones, pipestem (flag) lots may be approved subject to the criteria provided in subsection 12-8-1A of this Code, general approval requirements. Development on pipestem (flag) lots in the RU Zone shall be subject to the design standards provided in subsection F of this section. The Planning Commission shall conduct a site plan review of the proposal as a type 3a permitting action to determine if the proposal complies with the standards in subsection F of this section.

      5.   Bulkheads And Retaining Walls: Any structure constructed and erected between lands of different elevations used to resist the lateral displacement of any material, control erosion, or protect structures may be placed within required setbacks to a maximum height of six feet (6'), provided all applicable site distance requirements are met.

   F.   RU Zone Pipestem (Flag) Lot Development Standards: (See figures 13-5-1A and 13-5-1B of this section.) Road and access standards (including private roads, public roads, and driveways) are per the City’s adopted development standards for public works.

      2.   Development Standards For All Pipestem (Flag) Lots In The RU Zone: All pipestem (flag) lots in the RU Zone, irrespective of when platted, shall meet the following standards, subject to site plan review:

         a.   All development of principal residences, accessory dwellings, garages, sheds, and other structures shall be built within the required setbacks.

         b.   The “building area” within the setbacks shall be large enough to accommodate a forty-foot (40') diameter building circle to ensure that the shape of the lot is adequate to support development that results in attractive, usable open spaces.

      1.   Minimum site area: Two thousand two hundred fifty (2,250) square feet of gross site area per dwelling unit.

      2.   Project size: Four (4) units minimum and twelve (12) units maximum.

      3.   Minimum common open space: Four hundred (400) square feet per unit.

      4.   Perimeter setbacks per underlying zoning.

      5.   Minimum building separation: Ten feet (10').

      6.   Maximum building height: Eighteen feet (18'), twenty five feet (25') to roof peak.

      7.   Maximum building coverage: Forty percent (40%).

      8.   Maximum total site impervious coverage: Sixty percent (60%).

      9.   Maximum floor area: One thousand (1,000) square feet total, six hundred fifty (650) square feet ground floor.

      10.   Accessory dwellings: Four hundred (400) square feet maximum, attached or detached.

      11.   Minimum street frontage: Twenty feet (20').

   H.   Duplex Development Standards:

      1.   Duplexes shall be designed to blend in with the single-family character of the neighborhood.

      2.   If located on a corner lot, each unit of the duplex shall face onto an adjacent street, and no two (2) units' front doors and garages are permitted to face the same street frontage.

      3.   Lot size requirements for duplexes in residential zones are as follows:

         a.   Residential Conservation (RC):

            (1)   Duplex minimum lot size: Two (2) acres.

         b.   Residential Urban (RU):

            (1)   Duplex minimum lot size: 9,075 square feet.

         c.   Residential Multi- Family (RMF):

            (1)   Duplex minimum lot size: 7,000 square feet.

   I.   Lot Size Averaging:

      1.   Purpose: To allow flexibility in the creation of new subdivisions to accommodate development barriers including, but not limited to, shorelines, wetlands, and critical areas, provided that the average lot size in the development as a whole meets the district's minimum lot size and the density as a whole does not exceed the districts maximum density standards.

      2.   Applicability: Lot size averaging provisions of this chapter apply to and may be used by developers of land who are dividing land in conformance with the provisions of this title, and in which the land is located in the following zones:

         a.   RC Residential-Conservation Zone (subsection 13-3-2A).

         b.   RU Residential-Urban Zone (subsection 13-3-2B).

         c.   RMF Residential-Multi-Family Zone (subsection 13-3-2C).

      3.   Standards:

         a.   Lot size averaging cannot result in a parcel being divided into a greater number of lots than would result from development at the normal minimum lot size required in the applicable zone.

         b.   In approved short plats and subdivisions, the individual lots shall be considered in compliance with minimum area requirements if the average of the areas of all the lots in the short plat or subdivision meets the minimum requirement for the zone in which the short plat or subdivision is located.

         c.   Lot size averaging only applies to creation of lots for detached single-family residences.

         d.   Lot size averaging shall not be used to create lots for duplexes or multi-family dwellings as defined by section 13-2-14.

         e.   No individual single-family lot shall be reduced more than twenty five percent (25%) from the district minimum required area.

         f.   No single-family lot shall be reduced in width to less than forty feet (40') (regardless of lot depth).

         g.   No single-family lot shall be reduced in depth to less than seventy feet (70') (regardless of lot width).

         h.   All of the following are to be subtracted from the net square footage of a lot for the purpose of determining the area of a lot proposed for lot averaging:

            (1)   Public right-of-way;

            (2)   Private roads, private primary access easement; and

            (3)   Minor portion (pipestem) of pipestem lots.

         i.   The area of easements other than that of the primary access (public right-of-way or private easement) shall not be subtracted from the net square footage of a lot.

         j.   Surface detention/retention facilities may count toward calculations for lot size averaging only if the detention/retention facility:

            (1)   Is designed so as to appear as a natural wetland system; or

            (2)   Provides active or passive recreational benefits in a natural landscaped setting.

         k.   Developments utilizing lot size averaging shall not receive preliminary or final approval as phased developments unless each phase meets the lot size averaging standards for the total land area included in that phase. (Ord. 792, 7-29-2004; amd. Ord. 812, 10-26-2005; Ord. 830, 6-28-2006; Ord. 886, 9-8-2010; Ord. 2018-1027, 4-25-2018; Ord. 2020-1063, 8-12-2020; Ord. 2021-1073, 3-10-2021; Ord. 2021-1082, 9-29-2021; Ord. 2024-1136, 12-11-2024)

   A.   Purpose: The purpose of this section is to establish standards for landscaping and screening, to maintain or replace existing vegetation, provide physical and visual buffers between differing land uses, lessen environmental and improve aesthetic impacts of development and to enhance the overall appearance of the city. Street trees shall be selected from the approved list of trees, on file with the City of Orting.

   B.   Applicability: The standards set forth in this section shall apply to all uses of land which are subject to site plan or architectural design review, to the construction or location of any multi-family structure of three (3) or more attached dwelling units, to any new subdivision, and to projects implementing native vegetation retention, native vegetation revegetation, and dispersion low impact development (LID) best management practices (BMPs) for permanent on-site stormwater management.

         a.   The proposed landscaping represents a superior result than that which would be achieved by strictly following requirements of this section; or

         b.   The alternative plan incorporates the increased retention of significant trees and naturally occurring undergrowth; or

         c.   The alternative plan incorporates unique, historic or architectural features such as plazas, courts, fountains, trellises, or sculptures.

      6.   Areas of native vegetation retention, native vegetation restoration, and dispersion LID BMPs used for permanent on-site stormwater management.

The landscape plan shall be prepared by a professional landscape architect licensed by the state of Washington. The administrator may allow the landscape plan to be prepared by another party if the applicant can demonstrate that the size and/or complexity of the project is such that the landscape design solution may be very simple, involving a limited palette of plant materials and applications.

   D.   Preservation Of Significant Trees And Vegetation:

      1.   All significant trees in required perimeter buffers shall be retained.

      Retention of significant trees on the remaining portions of the site is encouraged. Retention of significant trees on the remaining portions of the site is required where such tree retention is proposed to meet the requirements of LID BMPs for permanent on-site stormwater management.

      2.   Significant trees are those which possess one or more of the following characteristics:

         a.   Trees identified in table 13-5-2 D2 of this code;

         b.   Contribute to the character of the area and do not constitute a safety hazard;

         c.   Form a continuous canopy or dense vegetated screen; or

         d.   Trees identified as being significant due to their age, scarcity, habitat value, community identifying characteristics, historical, cultural, or biological significance.

 

 

      3.   If the grade level adjoining a tree to be retained is altered such that the tree might be endangered, then a dry rock wall or rock well shall be constructed around the tree. The diameter of this wall or well must be capable of protecting the tree.

      4.   Impervious or compactible surfaces within the area defined by the drip line of any tree to be retained may be permitted if a qualified arborist certifies that such activities will not endanger the tree or trees.

      5.   Retention of other existing vegetation that is equal to or better than available nursery stock is strongly encouraged.

      6.   Areas of native vegetation designated as landscape or buffer areas shall be protected by a ten foot (10') wide no construction zone during construction. Cleaning, grading or contour alteration is not permitted within this no construction zone unless a qualified arborist certifies that proposed construction activity within the zone will not harm existing vegetation.

      7.   Tree retention to meet the requirements of LID BMPs for permanent on-site stormwater management shall be in accordance with the adopted Stormwater Management Manual and LID Manual.

   E.   Requirements For Residential Uses:

      1.   Perimeter Areas: Notwithstanding other regulations found in this chapter, perimeter areas not covered with buildings, driveways and parking and loading areas shall be landscaped. The required width of perimeter areas to be landscaped shall be at least the depth of the required yard or setback area. Areas to be landscaped shall be covered with live plant materials which will ultimately cover seventy-five percent (75%) of the ground area within three (3) years. One deciduous tree a minimum of two-inch (2") caliper or one 6-foot evergreen or three (3) shrubs which should attain a height of three and one-half feet (31/2') within three (3) years shall be provided for every five hundred (500) square feet of the area to be landscaped.

      2.   Buffer Areas: All residential subdivisions or planned developments shall have a buffer consisting of a vegetated screen, that is opaque to a height of six feet (6') minimum, along the perimeter of the plat. The screening may be achieved through any one or a combination of the following methods:

         a.   Evergreen trees or shrubs; or

         b.   Trees and shrubs planted on an earthen berm as approved by the Public Works Director; or

         c.   A combination of trees or shrubs and fencing. If fencing is utilized, vegetation screening is required along fifty percent (50%) of the fencing on each lot line. If fencing and vegetation is selected, for a lot line abutting a right-of- way, vegetation must be planted on the exterior of the fence; or

         d.   Use of existing native vegetation that already provides a vegetative screen.

      3.   New subdivisions or planned developments that abut arterial streets or nonresidential uses shall be screened with a minimum twenty-five foot (25') buffer. Subdivisions or planned developments that abut areas with the same underlying zoning shall be screened with nominal landscaping that provides variety and enhances the visual character of the area.

      4.   The vegetation requirements of this section may be waived through a variance process for new subdivisions or planned developments where native vegetation retention, native vegetation revegetation or dispersion LID BMPs are proposed in accordance with the Stormwater Management Manual and LID Manual. Buffer area widths shall not be reduced. The type of vegetation within buffer areas shall be determined through the variance process identified in this code.

      5.   Root barriers are required for all trees to be planted adjacent to right-of- way, and as required by the Public Works Director.

   F.   Requirements For Commercial Uses:

      1.   Perimeter Areas: See subsection E1 of this section.

      2.   Buffer Areas: Where a development subject to these standards is contiguous to a residential zoning district or areas of residential development, then the required perimeter area shall be landscaped the full width of the setback areas as follows:

         a.   A solid screen of evergreen trees or shrubs; or

         b.   A solid screen of evergreen trees and shrubs planted on an earthen berm an average of three feet (3') high as approved by the Public Works Director; or

         c.   A combination of trees or shrubs and fencing. If fencing is utilized, vegetation screening is required along fifty percent (50%) of the fencing on each lot line. If fencing and vegetation is selected, for a lot line abutting a right-of- way, vegetation must be planted on the exterior of the fence.

      3.   Areas Without Setbacks:

         a.   In areas where there is no required setback or where buildings are built to the property line, development subject to this chapter shall provide a street tree at an interval of one every twenty feet (20') or planter boxes at the same interval or some combination of trees and boxes, or an alternative.

         b.   Street trees shall be a minimum caliper of two inches (2") and be a species approved by the city and installed to city standards. Planter boxes shall be maintained by the property owners and shall be of a type approved by the city.

      4.   The vegetation requirements of this section may be waived through a variance process for new subdivisions or planned developments where native vegetation retention, native vegetation revegetation or dispersion LID BMPs are proposed in accordance with the Stormwater Management Manual and LID Manual. Buffer area widths shall not be reduced. The type of vegetation within buffer areas shall be determined through the variance process identified in this code.

      5.   Root barriers are required for all trees to be planted adjacent to hardscape and/or as required by the Public Works Director.

   G.   Parking Lot Landscaping And Screening: The standards of this section shall apply to public and private commercial parking lots and residential parking areas providing spaces for more than ten (10) cars.

      1.   Perimeter Landscaping: In order to soften the visual effects or separate one parking area from another or from other uses, the following standards apply:

         b.   Visual screening through one or any combination of the following methods is required:

            (1)   Planting of living ground cover as well as shrubs or small trees which will form a solid vegetative screen at least three feet (3') in height; or

            (2)   A fence or wall at least three feet (3') high combined with low planting or wall clinging plant materials. Materials should be complementary to building design; or

            (3)   Earth mounding or berms having a minimum height of three feet (3') and planted with shrubs and trees.

         c.   In order to protect vision clearances, areas around driveways and other access points are not required to comply with the full screening height standards. The specific horizontal distance exempt from this standard shall be as established in the public works standards.

         d.   Trees are required at a ratio of at least one per sixty-four (64) square feet of landscaped area or fraction thereof. They shall have a clear trunk to a height of at least five feet (5') above the ground at maturity. Trees shall be planted no closer than four feet (4') from pavement edges where vehicles overhang planted areas.

   H.   Performance Assurance:

      1.   Landscaping required pursuant to an approved site plan shall be installed prior to the issuance of certificate of occupancy or final inspection, unless the applicant submits a performance assurance equal to not less than one hundred ten percent (110%) of the construction cost and commits to complete the landscaping within one year.

      2.   Performance assurance devices shall take the form of one of the following:

         a.   A surety bond executed by a surety company authorized to transact business in the state in a form approved by the city attorney;

         b.   Cash;

         c.   A letter of credit approved by the city attorney from a financial institution stating that the money is held for the purpose of development of the landscaping;

         d.   Assigned savings pursuant to an agreement approved by the city attorney.

      3.   If a performance assurance device is employed, the applicant shall provide the city with a nonrevocable notarized agreement granting the city and its agents the right to enter the property and perform any required work remaining undone at the expiration of the assurance device.

      4.   If the applicant fails to carry out provisions of the agreement and the city has incurred costs or expenses resulting from such failure, the city shall call on the bond or cash deposit for reimbursement. If the amount of the bond or cash deposit is less than the cost and expense incurred by the city, the applicant shall be liable to the city for the difference. If the amount of the bond or cash deposit exceeds the cost and expense incurred by the city, the remainder shall be released.

      5.   Native vegetation retention areas, areas to be revegetated with native vegetation, or dispersion areas proposed for LID BMPs to meet the requirements of the adopted Stormwater Management Manual and LID Manual shall be preserved through permanent protections. A permanent protective mechanism shall be legally established to ensure that the required native vegetation area is preserved and protected in perpetuity in a form that is acceptable to both the applicant and the City and filed with the County Auditor's office. Restrictions on the future use of the native vegetation area shall also be recorded on the face of the plat for subdivision applications. A permanent native vegetation area shall be established using one of the following mechanisms.

         a.   Placement in a separate non-building tract owned in common by all lots within the subdivision;

         b.   Covered by a protective easement or public or private land trust dedication;

         c.   Preserved through an appropriate permanent protective mechanism that provides the same level of permanent protection of this section as determined by the approval authority.

         d.   To ensure compliance with the requirements of this Chapter, all development activity subject to the provisions of this Chapter shall include the submittal of a vegetation management plan as specified below;

         e.   Applications for subdivision, short subdivision, large lot division, planned development district, or binding site plan approval;

         f.   Site development permit applications;

         g.   Use permit and commercial building permit applications.

      6.   To ensure compliance with the requirements of this Chapter, all development activity subject to the provisions of this Chapter shall include the submittal of a vegetation management plan as specified below:

         a.   Applications for subdivision, short subdivision, large lot division, planned development district, or binding site plan approval;

         b.   Site development permit applications;

         c.   Use permit and commercial building permit applications

         d.   Development agreements.

      7.   The vegetation management plan shall comply with the minimum requirements specified below:

         a.   The vegetation management plan shall be prepared by a licensed landscape architect or qualified professional forester.

         b.   Provisions for tree conservation and protection on the site shall be in conformance with the requirements of this section.

         c.   A vegetation management plan shall be submitted either as part of the preliminary plat or other appropriate plan, or as a separate drawing, and shall include the following information:

            (1)   Vegetation Protection Plan: Drawn to scale; designating vegetation to be preserved. It shall include the following information:

               (A)     Locations of perimeters of individual and strands of trees to be preserved. The tree protection area for trees to be preserved shall be shown on the plan.

               (B)   Size, species, and health of trees to be preserved.

               (C)    General locations of trees proposed for removal.

               (D)   Limits of construction and existing and proposed grade changes on site.

               (E)    Narrative description and graphic detail of tree protection and tree maintenance measures required for the trees to be preserved.

               (F)    Timeline for clearing, grading, and installation of tree protection measures.

            (2)   Planting Plan: Drawn to scale on the site plan. It shall include the following information:

               (A)    Location, size, species, and number of trees to be planted.

               (B)    Narrative description and detail showing any site preparation, installation, and maintenance measures necessary for the long-term survival and health of the vegetation.

               (C)    Timeline for site preparation, installation, and maintenance of vegetation.

               (D)   Cost estimate for the purchase, installation and five (5) years' maintenance of vegetation.

            (3)   Tree Density Calculation: The following information shall be included on the site plan:

               (A)    Acreage of on-site critical areas, excluding critical area buffer.

               (B)    Acreage of on-site public and private roads.

               (C)    Calculation of trees per acre for existing trees proposed for preservation.

               (D)    Calculation of trees per acre for new trees to be planted.

            (4)   A watering plan is required for the establishment phase of new plantings. The plan must provide for adequate watering of the newly installed trees for a minimum of three (3) years.

      8.   Vegetation management plans will be reviewed by the city administrator. Upon completion of its review, the City will take one of the following actions:

         a.   Approve the vegetation management plan, with or without conditions; or

         b.   Disapprove the vegetation management plan, indicating deficiencies to the applicant. If the vegetation management plan is determined to be deficient, the applicant will be notified in writing of the deficiency and will be provided the opportunity to modify the plan as necessary to comply with the provisions of this Chapter.

         c.   Vegetation management plans will be reviewed by the city administrator prior to the approval of the associated underlying permit or application. The underlying permit may not be approved until such time as the city administrator has approved the plan.

         d.   Vegetation management plans shall be incorporated by reference in any approval issued for the underlying permit or application. Compliance with the plans shall be a condition of such approval.

      9.   The city administrator may allow or approve minor modifications to an approved vegetation management plan during the site development construction process to account for unforeseen site conditions and circumstances. The submittal of an amended vegetation management plan meeting the requirements of this Chapter shall be required.

   I.   Maintenance:

   A.   Purpose: The purpose of this section is to regulate parking and loading in order to lessen traffic congestion and contribute to public safety by providing sufficient on-site and off-site areas for the maneuvering and parking of motor vehicles. This section also intends to recognize the barriers that expansive off-street parking requirements pose to business growth and new business establishment in Orting. Orting’s multimodal connectivity throughout the downtown, its availability of on street and public parking, and its goal to incite economic prosperity and revitalization in the MUTC are intended to be key components in the assessment of needed off-street parking in Orting’s downtown.

   B.   Required Automobile Parking Spaces: Off street parking spaces shall be provided as an accessory use in accordance with the requirements of this section at the time any building or structure is erected, enlarged, or expanded.

   C.   Size And Access: Each off street parking space shall have an area of not less than one hundred sixty (160) square feet, exclusive of access drives or aisles and a width of not less than eight feet (8'). There shall be adequate provision for ingress and egress from each parking space.

   D.   Location: Off street parking facilities shall be located as hereinafter specified; where a distance is specified, such distance shall be the walking distance measured from the nearest point of the parking facilities to the nearest point of the building that such facility is required to serve. Parking is required to be on the subject parcel unless the City approves a proposal utilizing the off-site parking provisions of OMC 13-5-3L and/or the shared parking provisions of OMC 13-5-3M.

      1.   For a single-family dwelling or multi-family dwelling, the parking facilities shall be located on the same lot or building site as the building they are required to serve.

      2.   For churches, hospitals, large group homes, institutions, rooming and lodging houses, nursing and convalescent homes, community clubs, and clubrooms, parking facilities shall be located not farther than one hundred fifty feet (150') from the facility.

      3.   For uses other than those specified, including governmental facilities, parking facilities shall be located not farther than three hundred feet (300') from the facility.

      4.   ADA accessible parking shall be located on the shortest possible route to the entrance of the building or facility.

   E.   Unit Of Measurement: In stadiums, sports arenas, churches, government buildings containing public assembly space and other places of assembly in which patrons or spectators occupy benches, pews, or other similar seating facilities, each eighteen inches (18") of width or eighty (80) square feet of open area of such seating facilities should be counted as one seat for the purpose of determining requirements of off street parking facilities under this title.

   F.   Expansions Or Enlargements: Where any structure is enlarged or expanded, off street parking spaces shall be provided for said expansion or enlargement in accordance with the requirements of subsection I of this section. Nothing in this title shall be construed to require off street parking spaces for the portion of said building or structure existing at the effective date of this title. A change in use in an existing structure shall require additional off street parking spaces as set forth in subsection I of this section.

   G.   Mixed Occupancies: In the case of two (2) or more uses in the same building, including governmental office space and public assembly space, the total requirements for off street parking facilities shall be the sum of the requirements for the several uses computed separately. Off street parking facilities for one use shall not be considered as providing required parking facilities for any other use, except as hereafter specified in subsection I of this section for joint use.

   H.   Uses Not Specified: In the case of a use not specifically mentioned in subsection I of this section, the requirements for off street parking facilities shall be determined by the Administrator. Such determination shall be based upon the requirements for the most comparable use specified in subsection I of this section and/or through a parking study as required by the Administrator or their designee.

   I.   Parking Spaces Required For Particular Uses:

      1.   In the MUTC zone, the uses listed in this subsection are required to provide only fifty percent (50%) of the number of off-street parking spaces required by the table in OMC 13-5-3(I)(3): Banks, savings and loan associations, business or professional offices; bowling alleys; establishments for the sale and consumption on the premises of food and beverages; medical and dental clinics; retail stores; theaters; museums; and, libraries.

      2.   Parking reductions authorized by this subsection do not apply to required ADA accessible parking; all uses in all zones shall provide ADA accessible parking stalls in a manner compliant with the Americans Disabilities Act and its implementing regulations.

      3.   Other than as excepted or otherwise stipulated in OMC 13-5-3(I)(1), the minimum number of off street parking spaces required for nonresidential uses shall be as set forth in the following:

 

   J.   Required Loading Areas:

      1.   In any commercial and manufacturing zones, and for any institutional use in whatever zone it may be located, every building or portion of building hereafter erected or structurally altered to provide additional floor space shall be provided with a minimum of one off street or off alley loading space for each ten thousand (10,000) square feet of usable floor space within the building, which usable floor space is intended to be used for or is used for merchandising, manufacturing, warehousing, or processing purposes. If the building contains less than ten thousand (10,000) square feet of usable floor space, the requirement for an off street or off alley loading space may be waived by the building inspector.

      2.   If the building contains more than twenty four thousand (24,000) square feet of floor space so used, then there shall be one additional loading space provided for each additional twenty four thousand (24,000) square feet of floor space.

      3.   Each loading space shall measure not less than thirty feet by twelve feet (30' x 12'), and shall have an unobstructed height of fourteen feet (14'), and shall be made permanently available for such purpose, and shall be surfaced, improved, and maintained. Such facilities shall be so located that trucks using the same shall not encroach upon or interfere with areas reserved for off street parking nor project into any public right-of-way and shall be adjacent to the building to be served thereby. If the site upon which such loading space or spaces is to be located abuts upon an alley, such loading space or spaces shall be off alley. If the loading space is incorporated within a building then, as to location, the requirements of this section shall not apply.

      4.   Any floor area provided by additions to or structural alterations to a building shall be provided with loading space or spaces as set forth herein whether or not loading spaces have been provided for the original floor space.

   K.   Commercial Vehicles, Recreational Vehicles, And Boats: The following special requirements and performance standards shall apply to private properties located in the Residential-Urban, Residential-Multi-Family, and Residential-Conservation Zones, except as otherwise authorized by the City through a conditional use permit:

      1.   Outdoor Storage of Vehicles: The outdoor storage of commercial vehicles, recreational vehicles, boats, and vehicle accessories is permitted in the residential zones, provided the following standards are met. For purposes of this section, “storage” means the keeping of such vehicles and accessories on any portion of any parcel of property for a period of seventy-two (72) continuous hours or longer.

         a.   Recreational Vehicles and Boats: A recreational vehicle or boat shall not be stored in the front yard of a lot. In no instance shall a recreational vehicle or boat be stored such that any portion of the vehicle encroaches upon a site distance area that would create a traffic hazard; nor shall a recreational vehicle or boat be stored on or overhang a public right-of-way. A maximum of one recreational vehicle and/or one boat may be located at a parcel in the residential zones. It is prohibited to store two recreational vehicles or two boats in the City’s residential zoning districts. If located within a required side yard that fronts a street, the storage area for a recreational vehicle or boat shall be improved with a durable and dustless surface and screened from views from adjacent properties. In this context, a boat or recreational vehicle shall be considered to be “screened from views” provided an opaque fence of at least 6-feet in height separates the boat or recreational vehicle from public view, or similar vegetative or structural screening as approved by staff separates the boat or recreational vehicle from public view. See OMC 13-5-1(D) for provisions related to the dimensional and permitting requirements for fences.

         b.   Inoperable Vehicles And Motor Vehicle Accessories: No more than two (2) inoperable vehicles may be stored on a lot. The outdoor storage of inoperable vehicles, or parts thereof, and vehicle accessories such as camper shells and equipment trailers shall be screened from neighboring properties and public rights-of-way and prohibited from required front and street side yards.

         c.   Storage Of Commercial Use Vehicles: No vehicle having more than two (2) axles or exceeding eighty four inches (84") in width, and intended for commercial use including, but not limited to, truck tractors, truck trailers or other large trucks shall be stored on property in an RU, RMF, or RC Zone unless such vehicle is stored within a building or is otherwise screened so as not to be visible from another property or from any public right-of-way.

   L.   Exceptions:

      1.   Guest parking associated with single family and attached dwellings in the RMF zone is permitted to be provided it meets the following criteria:

         a.   Parking is located on the neighborhood streets or in a parking court accessed by a public roadway, but not located more, than one hundred sixty feet (160') from the home it is intended to serve.

         b.   Parking is not located in a limited residential access lane right-of-way, except for perpendicular parking associated with private driveways or alleyways.

         c.   Parking may be accommodated in a tandem driveway space, provided it is not accessed by a private alleyway.

      2.   If sufficient parking is not available on the premises of a use within the MUTC zone, a private parking area may be provided off-site, except for single and two (2) family dwellings in the RU and RC zones if it meets the following criteria:

         a.   Agreement Required: A parking agreement ensuring that off-site parking is available for the duration of the use shall be approved by the City Administrator, following review by the City Attorney.

         b.   Letter of Justification: The following shall be reviewed as part of the permit process:

            (1)   A letter of justification addressing the need for off-site parking and compatibility with the surrounding neighborhood.

            (2)   A site plan showing all dimensions of parking spaces, aisles, landscaping areas, abutting street improvements, curb cuts, and on-site and abutting uses and buildings.

         c.   Fees: No charge for use of such parking area shall be made in any residential zone or open space and recreation zone except on a weekly or monthly basis.

         d.   Maximum Distance To Off-Site Parking Area:

            (1)   Within the MUTC Zone: No distance requirements apply when both the use and off-site parking are located within the MUTC Zone. However, OMC 13-5-3D4 applies.

            (2)   Maximum distances to off-site parking do not apply if there is a shuttle in place between the off-site parking and the sponsoring use.

            (3)   All Other Zones: All provisions of OMC 13-5-3D apply.

      3.   The City Administrator may approve a proposal to modify the distance to off-site parking or allow the required parking to be provided on-street if a Transportation Management Plan or other acceptable transportation system will adequately provide for the parking needs of the use and the conditions below are met.

         a.   Decision Criteria: Whenever there are practical difficulties involved in carrying out the provisions of this Title, the Department Administrator may grant modifications for individual cases provided he/she shall first find that a specific reason makes the strict letter of this Code impractical, that the intent and purpose of the governing land use designation of the Comprehensive Plan is met and that the modification is in conformity with the intent and purpose of this Code, and that such modification:

            (1)   Substantially implements the policy direction of the policies and objectives of the Comprehensive Plan Land Use Element and the Architectural Design Guidelines and the proposed modification is the minimum adjustment necessary to implement these policies and objectives;

            (2)   Will meet the objectives and safety, function, appearance, environmental protection and maintainability intended by the Code requirements, based upon sound engineering judgment;

            (3)   Will not be injurious to other property(ies) in the vicinity;

            (4)   Conforms to the intent and purpose of the Code;

            (5)   Can be shown to be justified and required for the use and situation intended; and

            (6)   Will not create adverse impacts to other property(ies) in the vicinity.

   M.   Joint Use Parking Facilities:

      1.   When Permitted: Joint use of parking facilities may be authorized for those uses that have dissimilar peak-hour demands or when it can be demonstrated that the parking facilities to be shared are underutilized.

      2.   Agreement Required: A parking agreement ensuring that joint use parking is available for the duration of the uses shall be approved by the Community and Economic Development Administrator, following review by the City Attorney. Notice of termination of the agreement shall be provided to the Administrator and additional parking must be provided if the agreement is terminated, consistent with subsection I of this Section.

      3.   Maximum Distance To Joint Use Parking:

         a.   Within the MUTC, MUTCN and Public Facilities Zones: No distance requirements apply when both the use and joint use parking are located within the MUTC, MUTCN or Public Facilities zones. However, OMC 13-5-3D4 applies.

         b.   All Other Zones: All provisions of OMC 13-5-3-D apply.

      4.   Special Provisions For Subdivision Of Shopping Center: Parking areas in shopping centers may operate as common parking for all uses. If a shopping center is subdivided, easements and/or restrictive covenants must grant use and provide for maintenance of common parking and access areas.

   N.   Administrative Parking Waiver: The Administrator may issue a waiver from the number of off-street parking stalls required by this chapter for uses in the downtown core in response to a requested waiver by the property owner. The requested waiver shall only be considered by the Administrator upon showing of a good faith effort by the applicant that attempts have been made to enter into joint use parking agreements as governed by OMC 13-5-3M. The waiver request shall include a statement of justification for the request and shall document the number of off-street parking stalls for which the applicant is requesting relief. The Administrator may require a parking study be prepared and provided by the applicant that considers the use of the site subject to the request, the availability of parking proximal to the site, and the totality of approved parking waivers and its impact on the entire community’s access to parking and public enjoyment of the downtown core. In no instance may a parking waiver grant relief from the dimensional standards of parking stalls, nor overwhelm dimensional standards governed by the Orting Development Standards regulating the space needed for safe maneuverability of a parking lot, nor approve relief from the number of off-street parking stalls that has otherwise been denied by the City’s Hearing Examiner after considering a variance application from the standards set forth in this chapter, not waive required accessible parking stalls as governed by the International Building Code or Title 10 of the OMC. (Ord. 792, 7-29-2004; amd. Ord. 889, 9-8-2010; Ord. 943, 5-14-2014; Ord. 2018-1026, 4-25-2018; Ord. 2018-1027, 4-25-2018; Ord. 2019-1043, 3-27-2019, eff. 5-3-2019; Ord. 2021-1073, 3-10-2021; Ord. 2021-1086, 10-27-2021; Ord. 2022-1095, 8-10-2022; Ord. 2024-1133, 10-30-2024; Ord. 2024-1136, 12-11-2024; Ord. 2024-1137, 2-12-2025; Ord. 2025-1146, 7-30-2025)

   A.   Purpose: The purpose of this section is to provide standards which allow a resident of a single-family dwelling or duplex to operate a limited activity from their principal residence or permitted accessory structure while achieving the goals of retaining residential character, maintaining property values and preserving environmental quality.

   B.   Applicability: Home occupations are only permitted in compliance with the below performance standards and in conjunction with a detached single-family dwelling or duplex in the MUTC, RC, RU, and RMF Zones.

   C.   Exemptions:

      1.   Home based daycare provisions are stated in section 13-5-5 of this chapter.

      2.   Temporary lodging facilities (lodging house), including bed and breakfast inns and boarding/rooming homes, are exempt from the regulations of this section.

      3.   Collective gardens conforming to the requirements of chapter 8 of this title are a permitted home occupation in the RC, RU, and RMF Zones.

   D.   Performance Standards:

      1.   Intent: It is the intent of this subsection to provide performance standards for home occupation activities, not to create a specific list of every type of possible home based business activity. The following performance standards prescribe the conditions under which home occupation activities may be conducted when incidental to a residential use. Activities which exceed these performance standards should refer to chapter 3 of this title to determine the appropriate commercial, industrial, civic, or office use category which applies to the activity.

      2.   General Provisions: The following general provisions shall apply to all home occupation activities:

         a.   The activity is clearly incidental and secondary to the use of the property for residential purposes and shall not change the residential character of the dwelling or neighborhood;

         b.   External alteration inconsistent with the residential character of the structure is prohibited;

         c.   Use of hazardous materials or equipment must comply with the requirements of the Building Code and the Fire Code;

         d.   The activity does not create noticeable glare, noise, odor, vibration, smoke, dust or heat at or beyond the property lines;

         e.   Use of electrical or mechanical equipment which creates visible or audible interference in radio or television receivers or fluctuations in line voltage at or beyond the property line is prohibited;

         f.   Manufacturing shall be limited to the small scale assembly of already manufactured parts but does not preclude production of small, individually handcrafted items, furniture or other wood items as long as the activity meets the other standards of this chapter;

         g.   Customers/clients are prohibited on the premises prior to six o'clock (6:00) A.M. and after nine o'clock (9:00) P.M.;

         h.   Sales in connection with the activity are limited to merchandise handcrafted on site or items accessory to a service (i.e., haircare products for beauty salon), and shall include online retail businesses;

         i.   In addition to the single-family or duplex parking requirements, for home occupations that involve customers visiting the premises, off street parking associated with the activity shall include one additional space for customers in accordance with standards set forth in section 13-5-3 of this chapter;

         j.   Only the resident can perform the activity; nonresident employees are prohibited;

         k.   The activity shall be limited to an area less than five hundred (500) square feet or a size equivalent to fifty percent (50%) of total floor area of the living space within the residence, whichever is less;

         l.   One vehicle, up to ten thousand (10,000) gross vehicle weight, is permitted in connection with the activity;

         m.   The activity shall be performed completely inside the residence, an accessory structure or a combination of the two;

         n.   There shall be no outside display or storage of materials, merchandise, or equipment. (Ord. 941, 7-24-2013; amd. Ord. 2018-1027, 4-25-2018; Ord. 2021-1074, 3-10-2021; Ord. 2024-1136, 12-11-2024)

   A.   Purpose: The purpose of this section is to provide operating criteria to meet the need for quality, affordable, and safe daycare facilities for adults and children. There are two (2) types of daycare facilities: home based daycare facilities and daycare centers.

   B.   Family Daycare Facilities: Family daycare facilities operate from a residence by the resident(s). There are two (2) types of family daycare facilities; those providing services to adults and those providing services to children. To be permitted outright per state law, these facilities are restricted to a maximum of twelve (12) children or adults including residents of the abode.

      1.   Criteria For Family Daycare Facilities:

         a.   Minimum Fencing/Screening Required: Outdoor recreation areas must be enclosed by a six foot (6') high fence.

         b.   Outdoor Play Equipment: Play equipment shall not be located in any required front or side yard setback area.

   C.   Daycare Centers: Daycare centers are facilities with no limit on the number of clients. There are two (2) types of daycare centers: adult daycare center and child daycare center.

      1.   Criteria For Daycare Centers:

         a.   Minimum Fencing/Screening Required: Outdoor recreation areas must be enclosed by a six foot (6') high fence.

         b.   Loading: There shall be an off street area for loading and unloading children or adults (clearly marked). Adequate vehicle turnaround shall be provided on site for parking and loading so as to preclude the necessity of backing out onto the street.

         c.   Signs: One sign will be permitted at a size to be determined by the zone classification where the facility is located as provided in chapter 7 of this title. (Ord. 792, 7-29-2004; amd. Ord. 2018-1027, 4-25-2018; Ord. 2021-1086, 10-27-2021)

   A.   Purpose: Accessory dwelling units (ADUs) are intended to increase the supply of affordable and independent housing for a variety of households, provide supplemental earnings for people with limited incomes, and increase residential densities with minimal cost and disruption to existing neighborhoods. This should occur by utilizing the existing infrastructure and community resources while providing a housing type that blends in well with existing neighborhoods including low density residential neighborhoods. The provisions of this chapter do not apply to lots designated with critical areas or their buffers as designated by Title 11 OMC or by Orting's Shoreline Master Program.

   A.   Purpose: The intent of this section is to establish regulations for activities or uses which, because of their adult orientation, are recognized as having objectionable characteristics and need to be distanced from other uses such as residential, schools, parks and community centers. Special regulations for these uses are necessary to:

      1.   Prevent inappropriate exposure of such businesses to the public;

      2.   Ensure that adverse effects of these uses will not contribute to the blighting or downgrading of surrounding neighborhoods; and

      3.   Protect property values and quality of life from potential adverse impacts.

   B.   Location Standards: Adult businesses shall be subject to the provisions of this section.

      1.   Separation Requirements I: Adult businesses are prohibited from locating within six hundred feet (600') of any other adult business or any of the following: (Ord. 792, 7-29-2004)

         a.   Areas zoned RC, RS, and RU; (Ord. 792, 7-29-2004; amd. Ord. 830, 6-28-2006)

         b.   Community and cultural facilities, including, but not limited to, post offices, government offices and courthouses;

         c.   Residential day treatment or workshop facilities primarily oriented to the physically or mentally disabled; or

         d.   Senior citizens' service centers or residential facilities with the primary emphasis oriented to senior citizens.

      2.   Separation Requirements II: Adult businesses are prohibited from locating within two thousand feet (2,000') of the following uses:

         a.   Public or private schools from kindergarten to twelfth grade and their grounds;

         b.   Daycare centers, preschools, nurseries or other childcare facilities;

         c.   Youth cabarets, public parks, playgrounds, libraries or any other area where large numbers of minors regularly travel or congregate; or

         d.   Churches, convents, monasteries, synagogues, temples, chapels or other places of religious worship.

      3.   Legal Use Status: Adult businesses shall not become nonconforming if a new use as listed under subsection B1 of this section is located closer than six hundred feet (600') from the adult business or if a new use as listed under subsection B2 of this section is located closer than two thousand feet (2,000') of the adult business.

      4.   Distance Measurement: The distance requirements for this section shall be measured in a straight line from the nearest point of the lot upon which the proposed adult business use is to be located to the nearest point of any lot owned or leased for any of the uses listed in this subsection B.

   C.   Signage For Adult Businesses: No descriptive art or displays depicting, describing or relating to any "specified sexual activities" or "specified anatomical areas" shall be allowed on any exterior portion of the building or as window displays visible to the public; otherwise, signage for adult businesses shall comply with the provisions of applicable city ordinances. (Ord. 792, 7-29-2004)

(Rep. by Ord. 889, 9-8-2010)

   A.   Purpose: The purpose of this section is to provide standards and conditions to regulate lots, structures and uses which were legally established prior to the adoption, revision or amendment of this title and which remain legal, but have become nonconforming as a result of this title's application, or by acquisition of land in public interest. This section provides reasonable alternatives to property owners for the limited expansion and continuance of nonconformities. The provisions of this section shall not be applicable to any discretionary land use action specifically authorized prior to or after the adoption of this title. Discretionary land uses shall comply with conditions and restrictions set forth in the approval through which it was authorized.

   B.   Basic Standards: The basic standards apply to all nonconforming uses, structures, developments and lots. These standards provide for actions that are allowed outright. Limited exceptions to the standards in this section are allowed through a nonconforming use permit in section 13-6-6 of this title.

      1.   Expansion Of Nonconforming Uses And Structures: Nonconforming uses and structures shall not be enlarged, expanded, extended, replaced or altered except as expressly permitted in this section.

      2.   Expansion Beyond Original Parcel: Nothing in this section shall be construed to permit expanding or extending a nonconforming use or structure beyond the confines of the lot or parcel of land upon which it was located on the date the use or structure became nonconforming.

      3.   Continuation Of Use: A nonconforming use may be continued by successive owners or tenants where the use continues unabandoned (see subsection I of this section).

      4.   Normal Upkeep, Repairs And Maintenance: Normal upkeep, repairs, maintenance, strengthening or restoration to a safe condition of any nonconforming building or structure or part thereof shall be permitted subject to the provisions of this section.

      5.   Compliance With Development Regulations: Any additions or expansions of nonconforming uses or nonconforming structures shall comply with the development standards in this chapter for the zone classification in which the nonconformity is located; provided, that portions of nonconformities that legally existed prior to adoption of this section shall not be subject to this provision.

      6.   Nonconforming Use Within Structure: A nonconforming use, within an existing structure, which is nonconforming by reason of zone classification may be extended throughout such structure.

      7.   Structures And Uses Accessory To Residential: Structures and uses accessory to an existing nonconforming residential use shall be allowed as provided in chapter 3 of this title.

   C.   Expansion Standards For Nonconforming Uses: Expansion of nonconforming uses or replacement of structures occupied by nonconforming uses shall be subject to the following provisions, provided the basic standards of this section are satisfied:

      1.   Where a nonconforming use of a structure exists, that structure can be replaced, provided the original footprint is not relocated or altered, except as provided in the expansion standards below.

      2.   An expansion of existing nonconforming uses shall be allowed under one of the following provisions:

         a.   The proposed expansion of the nonconforming use or the nonconforming use of a structure does not exceed ten percent (10%) of the floor area of the total existing use or structures, nor create more than ten percent (10%) additional pad sites for manufactured home parks and RV parks; or

         b.   The proposed expansion of the nonconforming use or the nonconforming use of a structure does not create impervious cover exceeding twenty five percent (25%) of the existing impervious area of the lot or parcel, nor exceed twenty five percent (25%) of the developed area for manufactured home parks and RV parks. Expansion of impervious cover shall meet the stormwater mitigation requirements of Title 9 Chapter 5 of this code. Expansion of impervious cover beyond the limits allowed in this paragraph may be allowed provided that such impervious cover meets the criteria for on-site stormwater management LID BMPs or infiltration facilities so that the effective impervious area expansion does not exceed the limits allowed in this paragraph.

   D.   Change Of Use Standards: A nonconforming use may change outright to a conforming use allowed within the zone classification in which the use is located. A nonconforming use may change to another use within another nonconforming use only after review and approval using the criteria in section 13-6-6 of this title; or

   E.   Nonconforming Structure Standards: A nonconforming structure may be enlarged, altered or replaced, provided the basic standards of this section are satisfied, and provided:

      1.   When a nonconforming structure is occupied by a nonconforming use it shall comply with the expansion standards of this section;

      2.   A structure which is nonconforming due to height or yard requirements may be structurally altered, enlarged or replaced, provided the degree of nonconformity is not extended or increased; and

      3.   The nonconforming portion of the structure shall not be expanded or the footprint of that portion altered, except as specifically authorized through a variance (see section 13-6-3 of this title).

   F.   Nonconforming Lot Standards: Any permitted uses or structures, including any accessory uses or structures permitted in conjunction with a principal use, shall be allowed to be built or expanded on a nonconforming lot. Applicable development standards in this chapter shall be complied with.

   G.   Nonconforming Development Standards: Existing uses or structures may be expanded or new uses and structures added, provided the nonconforming development is brought into conformance with the development standards of this chapter for the lot or parcel on which it is located.

   H.   Restoration Standards For Damaged Or Destroyed Nonconforming Structures And Uses: Any nonconforming structure damaged or destroyed by fire, explosion, wind, flood, earthquake or other calamity may be completely restored or reconstructed. Damaged or destroyed nonconforming structures must be restored under the following provisions:

      1.   Restoration or reconstruction shall not serve to extend or increase the nonconformance of the original structure or use, except as provided by nonconforming structures standards.

      2.   To the extent reasonably possible, restoration should retain the same general architectural style as the destroyed structure.

      3.   Permits shall be applied for within one year of damage. Restoration or reconstruction must be substantially completed within eighteen (18) months of permit issuance. When deemed reasonable and necessary, the city may grant a time extension.

   I.   Discontinuance Standards: Should a nonconforming use of a property or structure be discontinued for more than one year, the use of the property and structure shall be deemed abandoned and shall conform to a use permitted in the zone classification in which it is located. If the intended discontinued use of a property or structure is temporary in nature as opposed to abandonment, then the applicant may apply for a nonconforming use permit to reestablish the nonconforming use.

   J.   Cargo Containers; Loss Of Nonconforming Status: Cargo containers that have been legally located on property in any zone of the city prior to the adoption of subsection 13-4-2D of this title shall be a legal nonconforming use of the property. Notwithstanding any provision of subsections A through I of this section to the contrary, cargo containers shall lose legal nonconforming status under the circumstances set forth as follows:

      1.   If the legal nonconforming cargo container is moved to a different location on the property.

      2.   If a legal nonconforming cargo container is removed from a property, any subsequent cargo containers placed on the property shall comply with the requirements of subsection 13-4-2D of this title.

      3.   If a legal nonconforming cargo container is moved off of a residential zoned property, no new cargo container may be moved onto the property.

      4.   All nonconforming cargo containers shall be made to conform to the requirements of subsection 13-4-2D of this title or removed from the property by ninety (90) days after approval of this section.

(Ord. 792, 7-29-2004; amd. Ord. 873, 2-25-2009; Ord. 2019-1057, 1-8-2020)