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7 Zoning Dig. 1 (1955)

handle is hein.journals/planevirw7 and id is 1 raw text is: 




ZONING DIGEST

                      Published by

AMERICAN SOCIETY OF PLANNING OFFICIALS

1313   EAST  60TH   STREET,  :HICAGO 37, ILLINOIS

Volume 7            JANUARY   1955          Pages  1-24

Off-Street Parking As Condition To Issuance Of Permit.
Business And Residential Structure Combined. Vested Right
Acquired In Zoning Ordinance.
     State of Washington ex rel. Ogden v. City of Bellevue et
 al. (and other cases), Supreme Court of Washington, Nov. 4,
 1954, 275 P.2d 899. Plaintiff acquired a parcel of property
 in what was then the unincorporated town of Bellevue. The
 property has a frontage of 200 feet on the highway, and a
 depth of 150 feet. The easterly 75 feet was zoned B-1 (busi-
 ness) and.the westerly 75 feet A-1 (agriculture). He applied
 for a building permit to construct a combination residence
 and business building on the portion of the land zoned B-1
 (business). Bellevue was incorporated as a city of the third
 class shortly after plaintiff bought the property. It imme-
 diately created a planning commission and adopted the exist-
 ing King County land use zoning ordinance.
     The application for a building permit was denied upon
 the ground that he had not made any provision for off-street
 parking as required by the ordinance.
     The ordinance requires that an applicant for a building
permit shall present evidence in writing that arrangements
have been made to provide off-street parking to be zoned
B-P  (business parking) or that the required amount of park-
ing facilities classified as business parking has been provided
by a satisfactory written contract, or that the applicant is
participating in an association which is providing adequate
off-street parking. The parking must be within 1, 000 feet of
the front entrance to the building; one parking space of 200
square feet must be provided for every 400 square feet of
gross floor area of the business building between 2, 000 and
2, 500 square feet; the parking area must have access from
a public thoroughfare.