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A. Purpose:
1. The purpose of this section is to establish decision criteria and procedures for cottage developments which possess unique characteristics due to factors such as size, residential density, ownership, and location with respect to their surroundings. These uses require a special degree of control to assure compatibility with the comprehensive plan, adjacent uses, and the character of the vicinity.
2. Cottage developments are subject to review by the city and the issuance of a binding site plan (or approval of a unit lot subdivision) and architectural design review approval. This process allows the city to:
a. Determine that the location of these uses will not be incompatible with uses permitted in the surrounding areas; and
b. Make further stipulations and conditions that may reasonably assure that the basic intent of this title will be served.
B. Decision Criteria: The city shall review cottage development permit applications in accordance with the provisions of this section and may approve, approve with conditions, modify, modify with conditions, or deny the binding site plan approval. The city may modify bulk requirements, off street parking requirements, and use design standards to lessen impacts, as a condition of the granting of the binding site plan approval.
1. Required Findings: The city shall use design standards and other elements in this title to modify the proposal. A cottage development binding site plan shall be approved only if all of the following findings regarding the proposal can be made and are supported by the record:
a. The granting of the proposed binding site plan will not:
(1) Be detrimental to the public health, safety, and general welfare;
(2) Adversely affect the established character of the surrounding vicinity; nor
(3) Be injurious to the uses, property, or improvements adjacent to, and in the vicinity of, the site upon which the proposed use is to be located.
b. The granting of the proposal is consistent and compatible with the intent of the goals, objectives, and policies of the comprehensive plan and any implementing regulation.
c. All conditions necessary to lessen any impacts of the proposal are conditions that can be monitored and enforced.
d. The proposal will not introduce hazardous conditions at the site that cannot be mitigated to protect adjacent properties, the vicinity, and the public health, safety and welfare of the community from such hazard.
e. The cottage development will be supported by, and not adversely affect, adequate public facilities and services; or that conditions can be imposed to lessen any adverse impacts on such facilities and services.
f. The level of service standards for public facilities and services are met in accordance with the concurrency management requirements (see title 15, chapter 8 of this code).
2. Burden Of Proof: The applicant has the burden of proving that the proposed cottage development meets all of the criteria in subsection B1 of this section.
C. Application: Cottage development proposals shall be subjected to a two (2) step process. No more than two (2) cottage developments shall be approved in a calendar year. Preliminary applications shall be accepted at any time, but the first two (2) submitted after January 1 shall be allowed to proceed through the full application review and approval process if they meet the criteria stated in subsection C1 of this section. If one or both of the first two (2) applications in any year drop out, the next in line will be notified that the city will accept a full application for review.
1. Step one preliminary application:
a. Each applicant should schedule a meeting with the city administrator to discuss the location, size, and features of the proposal. No written application is required at this point. The administrator will advise the applicant of any known issues with respect to the location, parcel(s) to be developed, or city facilities necessary to serve a cottage development.
b. The administrator will schedule a briefing for the planning commission. The administrator will introduce the applicant and summarize the discussion at the initial meeting. The applicant shall have the opportunity to describe the proposal, using conceptual plans or drawings. The planning commission may offer informal comments.
c. The applicant will schedule a community meeting and notify all residents and property owners within five hundred feet (500') of the site by mail. The applicant shall provide the mailing address list and proof of the mailing to the city. The meeting shall be held in Orting on a weeknight. The applicant shall be responsible for conducting the meeting and providing an attendance list and printed transcript, and copy of a tape recording of the meeting to the city administrator.
d. Upon receipt of the community meeting tape and transcript, the administrator shall advise the applicant of any additional application requirements beyond those specified below.
2. Step two full application: Submittal of an application for a cottage development binding site plan and ADR approval shall be in accordance with section 12-10-3 of this code and subsection 13-6-7E of this chapter. Review of the application shall be conducted as a type 4 permit as described in section 15-4-1 of this code. The community meeting transcript shall become part of the application record for use by the city in reviewing the application. (Ord. 830, 6-28-2006; amd. Ord. 2024-1136, 12-11-2024)
A. Purpose: The purpose of this section is to establish decision criteria and procedures to allow reasonable limited expansion and continuance of "nonconformities" as defined in section 13-5-9 of this title. Nonconformities require a special degree of control to ensure compliance with applicable regulations and compatibility with the comprehensive plan, adjacent uses and the character of the surrounding areas. Limited exceptions, expansions or changes of use are allowed after approval of a nonconforming use permit by the city or after approval of an administrative nonconforming use permit. (Ord. 792, 7-29-2004; amd. Ord. 830, 6-28-2006)
B. Nonconforming Use Permit: Exceptions to the nonconforming standards, section 13-5-9 of this title, are allowed after city approval of a nonconforming use permit. Any application for a building permit or land use permit affecting an existing nonconformity shall require a nonconforming use permit. The city may impose such conditions as deemed necessary to ensure proposals conform to the intent of the comprehensive plan and this title.
1. Required Findings For Nonconforming Use Permit: The city shall grant a nonconforming use permit if documentary evidence is provided by the applicant to support the administrator's findings that:
a. Granting a nonconforming use permit is necessary to adapt the nonconforming use and associated structures to changes in technology, merchandising, or other generally recognized trends which affect the utility of structures or the applicant's ability to compete;
b. Granting a nonconforming use permit will not introduce any (additional) hazards or interfere with the potential development of nearby properties in accordance with present zoning regulations;
c. The nonconforming use and associated structures will comply with the requirements of subsection 13-5-9B5 of this title;
d. The applicant's proposal will result in improvements in functionality or safety, or in exterior appearance, screening, access and other features which will make the use or structure more compatible with allowed uses; and
e. Granting a nonconforming use permit will not detract from the intent of the comprehensive plan and any implementing regulation.
2. Abandonment: An exception to the discontinuance standards in subsection 13-5-9I of this title may be granted by the city. Documentary evidence shall be provided by the applicant to show that the discontinuance was beyond the control of the applicant. If the city is satisfied by evidence that the discontinuance was beyond the control of the applicant, nonconforming rights shall be continued for the property or structure. The city may consider circumstances such as, but not limited to, the following:
a. The property or structure has been involved in litigation.
b. Attempt to lease the site is ongoing due to:
(1) Length of time involved for marketing of premises;
(2) The structure is a specialized type of building requiring a specialized type of use due to equipment, processes or configuration; or
(3) There is a uniqueness to the property giving the use special operating characteristics such as its location in relationship to transportation facilities, open spaces needed for operations or its proximity to other critical activities such as mineral extraction. (Ord. 889, 9-8-2010)
C. Approval: A nonconforming use permit may be approved, approved with additional requirements above those specified in this title, or approved with modification of the proposal to ensure that surrounding land uses or the character of the area are not adversely impacted.
D. Denial: A nonconforming use permit may be denied if the use is incapable of complying with specific standards set forth in this title and if any of the above required findings are not supported by evidence in record.
E. Application: Submittal requirements for a nonconforming use permit shall be the same as those for a variance. (See section 13-6-3 of this chapter.) (Ord. 792, 7-29-2004; amd. Ord. 830, 6-28-2006)
A. Purpose: These regulations are intended to implement and further the comprehensive plan of the city by ensuring that all development in the mixed use-town center and mixed use- town center north, and all commercial and public development within the city limits, is designed to be consistent with the adopted theme of "turn of century: western or Victorian". All new installation, replacement, construction, renovation, remodel or alteration of, or other modifications to, buildings, miscellaneous structures and street furniture located on private property, public ways and other public property in the mixed use-town center and mixed use-town center north; all buildings, miscellaneous structures and street furniture located on private property, public ways and other public property used for commercial business or public facilities within the city limits; all multi-family buildings and cottage developments within the city limits; all stationary vendor units; and, all signs made subject to the requirements of this section pursuant to chapter 7 of this title, are subject to architectural design review and approval as described in this section. These regulations are adopted for the following purposes:
1. To promote the public welfare and to provide for the enhancement of the city and its development in keeping with its historical heritage;
2. To attract visitors to the city;
3. To improve the visual quality of site development and architecture of private and public buildings, recognizing the interdependence of land values, aesthetics and good site planning;
4. To minimize discordant and unsightly development, to avoid inappropriate and poor quality building designs, to enhance the beauty and balance of the community, which are proper and necessary concerns of city government;
5. To promote economic and environmental well being through the distinctive character and natural attractiveness of the city; and
6. To recognize environmental and aesthetic design as an integral part of the planning and development process.
B. Turn Of Century: Western Or Victorian: A style of building, architecture and exterior lighting used in the city and the area from statehood in 1889, through World War I, adopted as the architectural theme for all buildings in the mixed use- town center zone and all commercial buildings in all other zones. Examples of such architectural style may be found in the following publications:
1. "The History Of The Town Of Orting", Alice Rushton, Warren's Printing And Graphic Arts Center, Olympia, Washington.
2. "Historic Preservation Of Tacoma", city of Tacoma, department of community development, Tacoma, Washington, 1979.
3. "Ghost Towns Of The West", William Carter, Sunset Publishing Corporation, Menlo Park, California, 1992.
4. "A Victorian Housebuilders Guide", George E. Woodward and Edward G. Thompson, Dover Publications, Inc., 31 E. 2nd St., Mineola, NY 11501, 1988.
Copies of said publications, exterior color charts and similar related reference works shall be available at the Orting city hall for review by the public.
C. Architectural Design Review And Approval: Any building, structure, development, sign or other property subject to architectural design review and approval pursuant to this section shall conform in exterior design to the turn of century: western or Victorian theme according to the design standards adopted by the city. No building or sign permit shall be issued for any installation, replacement, construction, renovation, alteration or remodel of, or other modifications to, any building, structure, development or sign subject to architectural design review and approval pursuant to this section, without first obtaining architectural design approval pursuant to the requirements of this section.
1. Architectural design review shall be conducted by city staff and the planning commission. Applications shall be processed in accordance with the procedures set forth in this section and section 15-5-1 of this code. The applicant shall be consulted during the review process. The planning commission shall, during a public meeting, review and consider the final submittal for design review and approval, the staff report, any comments or submittals from the public or applicant, the provisions of this section and other applicable provisions of this code, the city of Orting comprehensive plan, and any other applicable laws, rules, regulations and design standards. The planning commission, based on the record, shall either approve, approve with conditions, or deny the submittal with written findings. Approvals may be conditioned by the planning commission to resolve any inconsistencies between the proposal and the design standards. The decision of the planning commission may be appealed by the applicant only to the hearing examiner pursuant to title 15, chapter 10 of this code.
D. Architectural Design Review Standards: The following standards shall be employed in determining whether the application is consistent with turn of century: western or Victorian design theme:
1. Relationship To Building Site:
a. The site shall be planned to accomplish a desirable transition with the streetscape and to facilitate pedestrian movement;
b. Parking areas shall be located behind buildings when deemed feasible by the planning commission. Service areas shall be located, designed and screened from public view; and
c. The height and scale of each building shall be compatible with its site and adjoining buildings.
2. Relationship Of Building And Site To Adjoining Area:
a. Harmony in development with adjoining areas in texture, lines, and masses is encouraged; and
b. Attractive landscape transitions to adjoining properties will be provided.
3. Landscape And Site Treatment: The following standards may be used by the planning commission to interpret and apply the provisions of section 13-5-2 of this title to site specific conditions:
a. Where existing topographic patterns contribute to beauty and utility of a development, they shall be preserved and developed;
b. Grades of walks, parking spaces, terraces, other paved areas and large expanse of walls shall provide an inviting and stable appearance;
c. Landscape treatment shall enhance architectural features, strengthen vistas and provide shade;
d. Where building sites limit planting, the placement of trees or shrubs in parkways or paved areas is encouraged;
e. Screening of service yards, and other places which tend to be unsightly, shall be accomplished by use of walls, fencing, planting, or combinations of these. Screening shall be effective in winter and summer; and
f. Exterior lighting shall enhance the building design and adjoining landscape. Lighting standards and fixtures shall be of a design and size compatible with the building and adjacent areas. Early 1900s exterior lighting styles are encouraged (i.e., carriage lamp fixtures, gaslights of wrought iron and glass). Excessive brightness and brilliant colors shall be avoided.
4. Building Design: The architectural theme is "turn of century: western or Victorian". Evaluation of a project will be based on the quality of its design and its relationship to the natural setting of the valley and mountain surroundings.
a. Western architecture of the 1800s and early 1900s usually involved wooden false front effects and wooden post supported canopies. Building styles also included exteriors of masonry, brick, and stone. Dimensional lumber or rough sawn unplugged plywood with wooden batts, spaced not more than eighteen inches (18") on center, can be used as an exterior building material, as well as masonry, brick, and stone. Metal, T1-11, particleboard, chipboard, and other similar wood product sidings will not be allowed.
b. On site construction is the preferred building method for the commercial use zone. The use of factory built structures, mobile homes, and trailers is discouraged (except as provided at subsection D6 of this section for stationary vendor units) because of the difficulty in modifying them to meet the requirements of this chapter. Construction trailers are permitted for the express purpose of on site construction; they are considered temporary and must conform to the provisions of this code.
c. The front facade of the building shall exhibit height, width and depth of surface, utilizing shade, shadow, light, choice of materials and color to develop a well proportioned and interesting, three-dimensional (spatial) quality.
d. All facades of the building shall be compatible with the front facade.
e. Roofs may be gabled or flat. Flat roofs will have false front facades, giving the street view a square building impression.
f. Canopies, awnings or marquees can be pitched and covered with shake shingles or other period material. Flat canopies/porches enclosed by an ornate wooden banister and toprail are allowed.
g. Window shapes during this period were square, arched, or rectangular and frequently were large enough to extend from floor to ceiling. These styles are acceptable. A simple wood design window frame with mullions would be appropriate.
h. Colors shall be harmonious with adjacent buildings and characteristic of colors used in the early 1900s.
i. Monotony of design in single or multiple building projects shall be avoided. Variety of detail, form, and siting should be used to provide visual interest.
5. Signs: The following standards may be used by the planning commission to interpret and apply the provisions of section 13-7-4 of this title to site specific conditions:
a. Signs are part of the architectural theme. Size, materials, color, lettering, location, number, and arrangement shall be characteristic of the early 1900s;
b. The number and size of signs shall be minimized to avoid visual clutter;
c. All exterior signs subject to architectural design review shall comply with the provisions of this section and chapter 7 of this title. The following signs shall be exempt:
(1) Flags, insignias; the United States flag is exempt;
(2) Commemorative plaques with engraved lettering less than one inch (1") in height;
(3) Window signs;
(4) Political signs; provided that they shall not exceed four (4) square feet in size and shall be removed no later than ten (10) days after the election;
(5) Real estate signs; provided, that there is only one such sign per street frontage and that the area of the sign shall not exceed twelve (12) square feet in area; and
(6) Temporary signs, provided they are used for only a period of less than thirty (30) days, and provided further that, political signs and real estate signs exceeding the requirements of subsections D5c(4) and D5c(5) of this section, and sandwich boards, are not exempt from architectural design review and approval;
d. Illuminated exterior signs are not characteristic of early 1900s design and shall not be allowed as the primary business sign; and
e. Signs are preferred to be illuminated by indirect lighting which shall be lighted in such a manner that glare from the light source is not visible to pedestrian or vehicle traffic.
6. Stationary Food Vendor Units: The following standards may be used by the planning commission to interpret and apply the provisions of this section to site specific conditions for stationary food vendor units:
a. Stationary food vendor units may meet architectural design review (ADR) standards of this section through use and installation of skirting, fencing, gable wooden canopy, and other general screening/facades that give the stationary food vendor unit and its site location the appearance of the "turn of the century western/Victorian" theme.
b. The site of the stationary food vendor unit may have outside seating for no more than six (6) persons.
c. Any exterior signage shall conform to the requirements of section 13-7-4 of this title.
E. Applications: Applications for architectural design review shall be submitted to the city and processed in accordance with the preapplication meeting instructions and forms provided, this section, and title 15, chapter 5 of this code; provided that, architectural design review and approval is not subject to the one open record hearing requirement or consolidated permit review processing. Applications shall provide information defining the design proposal for installation, replacement, construction, changes, renovation, alterations, remodeling, or other modifications proposed by the applicant including:
1. Site plans showing buildings, parking areas, landscaping signs, and other architectural features of the existing site conditions and proposal;
2. Building elevations showing all features of the proposal including, but not limited to, doors, windows, signs, canopies, parapets, and finish materials;
3. Detail drawings showing moldings, light fixtures, sign lettering, and other features;
4. Color selections consistent with the design review standards;
5. Any other written or graphic information describing and illustrating the proposal;
6. A completed application form; and
7. Data to be obtained to address feasibility of incorporating LID BMPs.
All application material shall become the property of the city after it is submitted for review.
Applications that are only for the painting of a structure wherein the proposed colors match those denoted on the exterior color charts on file at city hall shall not be subject to architectural design review. (The city administrator or designee shall determine if proposed colors match those on file.)
F. Architectural Design Review: The following type 2a procedures shall apply to architectural design review and approval:
1. The notice of a completed application for architectural design review shall be published in standard city notices of planning commission meetings. The city shall provide public notice, in standard city notices of planning commission meetings, of all public meetings during which the planning commission will consider and review a preliminary or final application for architectural design review. Notices shall be published at least ten (10) calendar days prior to the meeting;
2. The planning commission may conduct public meetings to obtain comments from the public prior to making its decision, but shall not hold an open record hearing, unless otherwise required to by law;
3. The planning commission may, during a noticed public meeting, consider the completed preliminary design review application. The commission may identify additional submittal items required for the final design review and approval. All materials pertaining to the final proposal for design review and approval shall be submitted a minimum of twenty one (21) calendar days prior to the planning commission final architectural design review and approval meeting date;
4. The final staff report shall be available to the public at least seven (7) calendar days prior to the public meeting for final design review and approval;
5. The planning commission findings and record of decision shall be in writing and published within two (2) weeks of the decision;
6. The record of decision shall be placed in the permit file;
7. Minor amendments to the approved design shall be approved by administrative approval pursuant to section 15-12-2 of this code; and
8. Major amendments to the approved design shall be approved by the planning commission through a new design review pursuant to section 15-12-3 of this code.
G. Preapplication Review: Applicants for architectural design review and approval are encouraged to submit plans in preliminary or sketch form, so that comments and advice of city staff may be incorporated into the final plans submitted for application. This shall be done through the regular preapplication process set forth at title 15, chapter 5 of this code. This meeting will allow city staff to acquaint the applicant with the design standards, submittal requirements, and the application procedures and provide early input on the proposed project prior to submission of the application. Such preliminary plans and application for architectural design review and approval may also be submitted to the planning commission for preliminary consideration, review, and comment.
H. Financial Security: The city may require a reasonable bond, letter of credit, assignment of funds or similar financial instrument, to secure the installation of required improvements that are a condition of design review approval.
I. Time Limit: Unless the owner submits a fully completed building or sign permit application necessary to bring about the approved installation, replacement, construction, renovation, alteration, remodel, or other modifications, or if no building or sign permit application is required, substantially commences the uses allowed, within eighteen (18) months from the date of approval, such approval shall expire and be null and void. For the purposes of this section, the date of approval shall be the date on which the final written decision of the planning commission as adopted is mailed to the applicant. In the event of appeal, the date of approval shall be the date on which a final decision is entered by the city council or court of competent jurisdiction. A request for extension may be granted as a minor amendment in accordance with section 15-12-2 of this code; provided that, a written request is submitted at least thirty (30) calendar days prior to the expiration date, the extension is for no longer than twelve (12) months, and good cause is shown for the extension. The applicant is responsible for knowledge of the expiration date.
(Ord. 886, 9-8-2010; amd. Ord. 943, 5-14-2014; Ord. 2019-1057, 1-8-2020; Ord. 2021-1081, 9-8-2021)