HomeMy WebLinkAbout20701
2
3
i4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
I. -
ORDINANCE NO. ,720 Pli
AN ORDINANCE of the City of Port Angeles
amending Ordinance No. 1709 and the
Municipal Code by adoption of a new
chapter containing procedures and
standards for Retail Stands.
WHEREAS, the necessary public hearings have been held;
and
WHEREAS, the requirements of Chapter 35A.63 RCW and Chap-
ter 43.21C RCW have been met and a public hearing has been held by
the City Council following public notice; and
WHEREAS, the Planning Commission has recommended to the
City Council that the Zoning Ordinance (Ordinance No. 1709) and
the Municipal Code be amended by adopting a new chapter containing
procedures and standards for Retail Stands; and
WHEREAS, the City Council finds it to be in the best in-
terests of the City of Port Angeles,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PORT
ANGELES do hereby ordain as follows:
CHAPTER 17.87
Section 17.87.010 PURPOSE. The purpose of the Retail
Stand Conditional Use is to insure that retail stands located in
commercial districts are compatible with the commercial district
uses and the public safety.
Section 17.87.011 DEFINITION. A Retail Stand is a
small, non -fixed foundation structure capable of being transported
but not under its own power, not exceeding one room with no in-
terior floor area for customers, used for the retail sale of pro-
duce including flowers, seafoods or prepared foods.
Section 17.87.020 APPLICABILITY. Retail Stands shall be
permitted only in the following districts: CBD, CAD, CAD-R, and
CSD -C2; and provided further that they shall be permitted only in
compliance with the Conditional Use provisions of this Ordinance.
Section 17.87.030 DEVELOPMENT STANDARDS. All Retail
Stands shall comply with the following development standards:
A. Retail Stand operations must have a permit from the Clallam
County Health Department, when required.
B. Trash receptacles of a design approved by the City shall ac-
company each Retail Stand.
C. Each Retail Stand shall be a self- contained unit, not requir-
ing utility hook -up to exterior systems; PROVIDED, however,
that self - contained power generators are not permitted.
D. Retail Stands shall be limited to a period not to exceed eight
(8) months from the issuance of the permit, unless otherwise
stated by the City.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
• 25
26
27
28
29
30
31
32
Section 17.87.040 APPLICATION PROCEDURE. The applica-
tion for a Conditional Use Permit for a Retail Stand shall be sub-
mitted on a form obtained from the Planning Department and accom-
panied by documents certifying that adjacent property owners and
businesses, including those one entrance to the left and one en-
trance to the right, both at street level, are aware of the appli-
cation request.
Section 17.87.050 ROUTING AND STAFF RECOMMENDATIONS.
Upon receipt of an application satisfying the requirements of Sec-
tion 17.87.040, the Planning Department shall route the same to all
appropriate departments. Each such department shall submit to the
Planning Department recommendations and comments regarding the ap-
plication. The Planning Department shall prepare a report to the
Planning Commission summarizing the factors involved, the recom-
mendations of other departments, and the Planning Department recom-
mendation and findings. A copy of the report shall be mailed to
the applicant and copies shall be made available, at cost, for use
by any interested party.
Section 17.87.060 PLANNING COMMISSION PUBLIC HEARING -
SCHEDULING AND NOTICE. Upon receipt of an application satisfying
the requirements of Section 17.87.040, the Planning Department
shall schedule a public hearing before the Planning Commission.
Notice of such public hearing shall be published in a newspaper of
general circulation and posted at the site of the proposal by the
Planning Department at least ten days prior to the hearing.
Section 17.87.070 PLANNING COMMISSION RECOMMENDATION.
Prior to making a recommendation on an application for a Condition-
al Use Permit for a Retail Stand, the Planning Commission shall
hold at least one public hearing. The Commission's recommendation
for approval, denial, or approval with modifications or conditions
shall be forwarded to the City Council in written form with find-
ings based upon compliance with Section 17.87.010, Section
17.87.030, and the following criteria:
A. The proposed site and stand together will not create a pedes-
trian or vehicular traffic hazard.
B. The proposed stand and location are compatible with existing
adjacent businesses.
C. The proposed Retail Stand and location will promote the pedes-
trian nature of the general area in which it is located.
D. The proposed Retail Stand and location shall not endanger the
public health, morals, safety and welfare.
Section 17.87.080 CITY COUNCIL ACTION. The City Council
shall, at a public meeting, consider the recommendation of the
Planning Commission. The City Council may approve, deny, or ap-
prove with modifications or conditions the application. Approval
shall be by Council action and shall include findings based upon
Section 17.87.010, Section 17.87.030, and Section 17.87.070.
Section 17.87.090 PERMIT LIMITATIONS.
A. Once a Conditional Use Permit for a Retail Stand has been is-
sued, it shall not be transferred to another person or to a
location other than that stated on the permit.
-2-
1
2
3
• 4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
B. Each permit shall be for a period not to exceed eight months
unless otherwise stated by the City, and may be renewed by a
new, complete application.
Section 17.87.300 PENALTY. Any person violating any
provision of this Ordinance shall be guilty of a misdemeanor, and
shall be punished by a fine not to exceed Five Hundred ($500) Dol-
lars. Each day that a violation continues shall constitute a
separate offense.
Section 17.87.310 SEVERABILITY. If any provisions of
this Ordinance, or its application to any person or circumstance,
is held invalid, the remainder of the Ordinance, or application of
the provisions of the Ordinance to other persons or circumstances,
is not affected.
Section 17.87.320 EFFECTIVE DATE. This Ordinance shall
be effective five (5) days after publication.
PASSED by the City Council of the City of Port Angeles
at a regular meeting of the Council held on the /P day of
, 1980.
Marian,C. Parrish, City Clerk
APPROVED AS TO FORM:
Craig . Miller, City Attorney
BLISHED: „IlL /98d
-3-
4.,„&_ef 414g4A444,,(
M A Y 0