Winthrop City Zoning Code

Manufactured homes not located in an approved manufactured housing community shall be HUD certified. Tongues and wheels of manufactured homes shall be removed, and homes shall be anchored on a permanent foundation.

Modular and prefabricated housing, including tiny homes and container homes, shall comply with applicable building codes, and homes shall be anchored on a permanent foundation.

Tiny Homes and Container Homes. Tiny homes, container homes, or similar prefabricated housing structures shall comply with IRC Appendix Q, or applicable Washington State building code, and meet the following standards:

Tiny Homes for On-Site Workforce Housing. Where specified in Table 17.16.010, tiny homes may be authorized as on-site workforce housing for a permitted commercial use through the terms of a conditional use permit, pursuant to the following provisions:

Manufactured homes, mobile homes, RVs, park models, or tiny homes not meeting the standards of subsection A, B, C, or D of this section shall be allowed for single-unit residential use only when located in an approved manufactured housing community, campground, or recreational vehicle park.

Intent. The intent of this section is to provide a type of multi-unit housing that can meet needs for affordability, seasonal workforce, and single-person households.

Density. Each individual living unit within a SRO, co-living, or micro-apartment building shall be calculated as one quarter of a single housing unit or dwelling unit (DU). ERUs for water and sewer utilities should be allocated using the same formula of four individual living units is equal to a single housing unit.

Parking. There shall be a minimum of one off-street parking space provided for every two individual living units within a SRO, co-living, or micro-apartment building. Building owners/managers shall assign parking by unit and will not be permitted to utilize off-site parking, street parking, or payment into the parking mitigation fund to meet the parking needs of building tenants.

Unit Size. Individual SRO or co-living units shall have a maximum size of four hundred (400) square feet. Individual micro-apartment units shall have a maximum of five hundred (500) square feet.

Shared Spaces. A minimum of fifteen (15) percent of the building's gross floor area must be dedicated to shared spaces, including kitchens and communal living areas. For example, a ten thousand (10,000) square foot building must allocate a minimum of one thosand five hundred (1,500) square feet of shared space.

Kitchens. SRO and co-living buildings shall have a minimum of one shared kitchen per eight separate living units. Micro-apartments shall have cooking facilities in each apartment unit and may offer larger communal cooking and dining facilities.

Bathrooms. SRO and co-living buildings shall have a minimum of one bathroom per four individual living units. Bathrooms must include a toilet, sink, and shower.

Lot Coverage. An accessory structure shall not cover more than ten (10) percent of the lot area.

Height. Freestanding accessory structures shall not exceed a height of twenty (20) feet. Solar panels, HVAC systems or similar installments mounted to an existing structure shall not extend above the allowed structure height.

Accessory uses shall not create a nuisance in the area such as noise, dust, appearance or threat to air or water quality or the well-being of the town and the area in which located, and shall be consistent with the zone district in which they are located and the allowed uses therein. Accessory uses of a business or commercial nature in residential districts shall comply with the restrictions and requirements for home occupations as set forth in Section 17.12.030.

General Standards. On lots that meet or exceed the minimum lot size requirement in all residential districts and the B-1 district, up to two accessory dwelling units (ADU) are allowed. An ADU may be attached or detached from a primary dwelling unit. An ADU may be created through new construction, conversion of an existing structure, addition to an existing structure, or conversion of a qualifying existing house to an ADU in conjunction with construction of a new primary dwelling on the site. ADUs are subject to the following standards:

An accessory dwelling unit may not be subdivided from the original parcel unless all applicable requirements for subdivision are fully met, including minimum lot size, setbacks, lot coverage, access, utility, and all other applicable requirements.

No more than two ADUs are allowed on a single lot. An ADU will not be allowed as an accessory to a duplex, triplex, fourplex, or multifamily dwelling.

Intent. Home occupations are limited to those businesses which may be conducted within the principal residence or accessory structures thereto without in any way changing the appearance or the residential nature of the area. The home occupation is intended to be subordinate and incidental to the use of the dwelling as a residence.

Standards.

Ineligible Uses. The following uses by their nature have a tendency to expand beyond the limits of a home occupation or to otherwise impair the residential nature and value of the neighborhood, and shall be ineligible for classification as a home occupation:

Approval of Home Occupations. Prior to conduct of a home occupation or issuance of a business license therefore by the town, a person desiring to conduct a business not otherwise designated an allowed use in the underlying zone district (See Chapter 17.16, Allowed Uses) as a home occupation, shall apply to the administrator for approval of such home occupation, on form provided by the administrator. Upon receipt of such application and fee therefor, the administrator shall send notice of such application to all landowners within three hundred (300) feet of the proposed location thereof, and shall assure that the property is posted with notice of such application, which notices shall include the right of all interested persons to make written comment to the administrator regarding such application. Not less than fifteen (15) days nor more than thirty (30) days after mailing and posting of such notice, the administrator shall determine if the proposed home occupation meets all of the requirements and standards set forth in this section, and shall issue a home occupation permit to the applicant or a written decision to the applicant denying such home occupation permit, and shall give findings of fact and reasons for such denial. Copy of such permit or such written decision denying the same shall be sent to all persons who made written comment on the application. A home occupation permit may be conditioned by reasonable conditions designed to assure compliance with the requirements and standards of this section.

Intent. The intent of this section is to ensure all types of overnight rentals, including owner-occupied overnight rentals, observe the legal requirements of other tourist accommodations so that they compete fairly for commerce, support the need for long-term rental housing, and preserve the neighborhood character of the areas in which they are located.

Overnight Rental Permit Required.

Cap on Overnight Rental Permits. The total number of active overnight rentals permits issued shall not exceed ten (10) percent of the total number of housing units within the town limits, as determined by an assessment of the number of residential ERUs in January of each year. The town council may periodically review the license cap and adjust the limit based on housing availability, economic trends, and community feedback.

Location. Off-street parking facilities shall be located as follows:

Joint Use. Joint use of parking facilities by more than one business or use may be authorized by the administrator for the following uses and under the following conditions:

Minimum Off-Street Parking Standards.

Mixed Uses. In the case of mixed uses or mixed occupancy, the total requirement for off-street parking spaces shall be the sum of the requirements for the various uses computed separately (except in the case of qualified joint users as set forth in subsection B of this section).

Unspecified Uses. In the case of a use not specifically mentioned in Table 17.12.040A, set out at the end of this section, the requirements for off-street parking spaces shall be determined by the administrator by comparison to similar uses in Table 17.12.040A and the specific needs of the unspecified use or business, and the zone district in which the use is located.

Minimum Parking Dimensions. Access aisles and parking stalls shall conform to the requirements of Table 17.12.040B, set out at the end of this section.

Construction and Maintenance. Every new or enlarged portion of an existing off-street parking area for more than four cars, except parking for a single-family residence, shall be surfaced with two inches of gravel and oiled, or paved, or equivalent surfacing acceptable to the administrator to eliminate dust. All parking areas shall be graded and drained so all surface water is disposed of on-site, and so that no storm water drains across sidewalks or public streets or creates a threat of pollution to the ground or surface waters.

Approval of Site Plan. A site plan for every new or enlarged off-street parking lot, area or facility, except parking for a single- family residence, shall be approved by the administrator prior to construction. The plan shall be drawn to a minimum scale of one inch equals fifty (50) feet, and shall clearly show the proposed development and state its size and use, and show location, size, shape and design of parking spaces, lighting, landscaping, irrigation and other features of the proposed parking lot. The site plan shall be filed with the building permits and plans.

Screening. Parking areas for commercial or industrial uses that abut property in any residential district shall be separated from such property by site-obscuring Firewise-compliant fence, wall, or vegetation at least six feet in height.

General Provisions.

Parking Mitigation.

General Requirement. Sight obstructions, i.e., fences, signs and/or plantings, shall be set back from public roadways when and as necessary to prevent sight obstruction of such roadway from all roads, alleys or private driveways; provided, that such required setback distance shall not exceed fifteen (15) feet from the right-of-way line of such public roadway, or where right-of-way is undocumented, measurement shall be from the property line. Trees, outside of intersection areas, may be permitted within the setback area provided all branches and foliage are removed to a height of eight feet above the top of the curb, or where no curb exists, from the established center line grade of the street.

Intersections—Intent. A clear vision area shall be maintained on the corners of all property adjacent to the intersection of two streets. A clear vision area shall contain no sight-obscuring or obstructing planting, fence or other temporary or permanent obstruction.

Intersection—Setback Measurement. A clear vision area shall consist of a triangle, two sides of which are curb lines (or street edge lines) and the third side of which is a line across the corner of the lot connecting the ends of the other two sides. See Diagram 17.12.050A. The required size is as follows:

Statement of Nonconforming Use or Structure Status. Any person owning a nonconforming use or structure may apply to the administrator for statement of such use or structure as nonconforming hereunder, as provided in Section 17.36.060 of this title.

Alteration or Expansion. A nonconforming use or structure may be continued and maintained in reasonable repair but shall not be altered or expanded, except as follows:

Discontinuance of Nonconforming Use.

Destruction of Nonconforming Structure. If a nonconforming structure (or a structure containing a nonconforming use) is destroyed by any cause to an extent exceeding seventy-five (75) percent of its replacement value or its fair market value as indicated by the records of the county assessor, any future structure and use thereof shall conform to the terms of this title.

Completion of Structure. Nothing contained herein shall require any change in the plans, construction or alteration of a structure for which a building permit has been issued prior to the effective date of the ordinance codified in this title; provided, that any such structure which will be nonconforming under this title shall be completed within two years of the date of issuance of such building permit.

Nonconforming Lots. A pre-existing nonconforming residential lot which does not meet the minimum lot size requirements for a single-family residence in the zone district in which it is located may be developed with a single-family residence notwithstanding the inability to meet lot size, yard or lot coverage requirements of the zone district.

Exception—Residences. Notwithstanding the general provisions of this title as to nonconforming uses, a residence which is a pre-existing nonconforming use by virtue only of its being a prohibited use in the district in which it is located pursuant to the terms of this title, may be remodeled, altered or expanded without obtaining a nonconforming use variance, and in the event of destruction thereof may be rebuilt.

The use of travel trailers or other recreational vehicles as permanent residences shall be prohibited in all zoning districts, except within approved campgrounds, recreational vehicle parks, or manufactured housing communities.

Temporary Use. The use of travel trailers or other recreational vehicles as temporary housing during the construction of a single-unit dwelling or commercial structure shall be permitted for up to six months in any year for a period not exceeding two years. The installation and use of such units as temporary residences, including camping on an individual lot, is allowed for up to two weeks per year.

A CUP may allow up to two domestic farm animals on property under one acre; for property one acre or more, the number of domestic farm animals shall be specified in the conditional use permit. Domestic farm animals shall be surrounded by a lawful fence and kept upon the property. Structures housing domestic farm animals must be located a minimum of fifty (50) feet away from property lines of property owned by a different property owner in a residential zone.

Domestic Fowl and Rabbits. Up to ten (10) domestic fowl or rabbits may be kept on a property. One adult rooster shall be permitted per property housing domestic fowl. Structures housing domestic fowl or rabbits must be located a minimum of ten (10) feet away from property lines of property owned by a different property owner.

Miniature Goats. Up to three pygmy, dwarf, or miniature goats may be kept on property twenty thousand (20,000) square feet or greater in size without obtaining a conditional use permit; provided, that male goats are neutered and all goats are dehorned.

Beekeeping. Beekeeping is permitted as set forth in Table 17.16.010 when the property owner or person maintaining such beekeeping activity is registered with the State Department of Agriculture; provided, that no more than four hives, each with only one swarm, shall be allowed on a property and hives must be located a minimum of twenty-five (25) feet from property lines of property owned by a different property owner.

Application. The provisions of this section shall apply to all mobile food vending businesses in all zones where such use is permitted.

Exemptions. These provisions do not apply to catered, private events, permitted concession sales, or approved special events.

Mobile Food Vending as Permitted Uses. Mobile food vending may be permitted as follows:

Standards for Mobile Food Vending.