HomeMy WebLinkAbout2265ORDINANCE NO. v9,a(05
AN ORDINANCE of the City of Port Angeles
amending the Home Occupation Zoning
Regulations; amending Article II of
Ordinance No. 1709; and amending Sections
4 and 5 of Ordinance No. 2103.
THE CITY COUNCIL OF THE CITY OF PORT ANGELES DOES
ORDAIN as follows:
Section 1. Article II of Ordinance No. 1709, is hereby
amended to read as follows:
ARTICLE II
RULES AND DEFINITIONS
Words and terms in this Article are included because of special
or particular meanings as they are used in these Regulations.
RULES
In the construction of these Zoning Regulations the rules and
definitions contained in this Section shall be observed and
applied, except when the context clearly indicates otherwise.
a. Words used in the present tense shall include the
future; words used in the singular shall include the
plural, and the plural shall include the singular.
b. The word "shall" is mandatory and not discretionary.
c. The word "may" is permissive.
d. The word "lot" shall include the words "piece" and
"parcel "; the word "building" includes all other
structures of every kind regardless of similarity to
buildings; and the phrase "used for" shall include the
phrases "arranged for ", "designed for ", "intended for ",
"maintained for ", and "occupied for ".
DEFINITIONS
Accessory Building or Use - one which:
a. is subordinate to, and serves a principal building or
principal use, and
b. is subordinate in area, extent or purpose to the
principal building or principal use served, and
c. is located on the same zoning lot as the principal
building or principal use served.
An accessory building or use includes, but is not limited to
the following:
a. a children's playhouse, garden house or private green-
house.
b. a garage, carport or a building for storage incidental
to a permitted use.
c. incinerators incidental to a permitted use.
d. storage of goods used in or produced by manufacturing
activities, on the same zoning lot with such
activities, unless such storage is excluded by the
district regulations.
e. offstreet motor vehicle parking areas and loading
facilities.
f. signs as permitted and regulated in each district in
these Regulations.
Alley - a public right of way which provides service access to
abutting property.
Apartment - a room, or a suite of two or more rooms in a multiple
dwelling, occupied or suitable for occupancy as a dwelling
unit for one family.
Billboard - (See definition of Outdoor Advertising Display, Sign
or Billboard).
Building, Accessory - (See "Accessory Building or Use ").
Building, Detached - a building surrounded by an open space on
the same lot as the principal building.
Building Line - front, side and rear building lines are the lines
on each zoning lot that delineate the area within which
construction of principal buildings is confined.
Building, Principal - the major building on a lot, the building
which houses the major use of the land and the structures on
a zoning lot.
Building, Residential - a building arranged, designed, used or
intended to be used for residential occupancy by one or more
families or lodgers.
Business Parking Lot and /or Structure - a commercial offstreet
parking lot or structure used exclusively for parking and /or
storage of vehicles.
Carport - an accessory building or an accessory portion of the
main building designed and used primarily for the shelter or
storage of vehicles. It is not an enclosed structure and it
does not contain a door which would allow vehicles to pass
into the structure: it is open on two or more sides.
Commission - the appointed Planning Commission.
Conditional Use Permit - a limited permission to locate a particu-
lar use at a particular location, and which limited
permission is required to modify the controls stipulated by
these Regulations in such degree as to assure that the
particular use shall not prove detrimental to surrounding
properties, shall not be in conflict with the comprehensive
plan and shall not be contrary to the public interest.
Conditional Use - a use permitted in a zoning district but which
requires a special degree of control to make such use
consistent and compatible with other existing or permissible
uses in the same zone.
Conforming Building or Structure - a building that complies with
all sections of these Zoning Regulations or any amendment
thereto governing size, height, area, location on the lot,
for the zoning district in which such building or structure
is located.
Conforming Lot - a lot that contains the required width, depth
and square footage as specified in the zoning district in
which the lot is situated.
Conforming Use - a use that is listed as Permitted or Conditional
Use in the zoning district in which the use is situated.
Council - the City Council.
Club or Lodge, Private - a non- profit association of persons who
are bonafide members paying annual dues, which owns, hires
or leases a building, or portion thereof, the use of such
premises being restricted to members and their guests.
Dormitory - a residence hall providing sleeping rooms, with or
without eating facilities.
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Dump - an area devoted to the disposal of refuse,
incineration, reduction or dumping of ashes,
combustible or non - combustible refuse.
Duplex - a residential building containing two
dwelling
units within the four walls of the building.
Dwelling - a building, or portion thereof, but not an automobile
house trailer, designed or used exclusively for residential
occupancy, including one - family dwellings, two - family
dwellings and multi - family dwellings, but not including
hotels, motels or lodging houses.
Dwelling Unit - One or more rooms which are arranged, designed or
used as living quarters for one family only. Individual
bathrooms are not necessarily provided, but complete single
kitchen facilities, permanently installed, shall always be
included for each dwelling unit.
including
garbage,
one - family
Dwelling, One - family -
only.
Dwelling, Two- family -
only.
Dwelling, Multi - family
ing three or more
a building containing one dwelling unit
a building containing two dwelling units
- a building or a portion thereof contain -
dwelling units.
Erected - construction of any building or structure or the
structural alteration of a building or structure, the result
of which would be to change the exterior walls or roof or to
increase the floor area of the interior of the building or
structure.
Establishment, Business or Commercial - a place of business
carrying on an operation, the ownership and management of
which are separate and distinct from those of any other
place of business located on the same zoning lot.
Existing (pre- existing) - a use, lot or building that existed at
the time of the passage of these regulations.
Fence - that which is built, constructed or grown, or composed of
parts joined together of material in some definite manner in
which the prime purpose is to separate and divide,
partition, enclose or screen a parcel or parcels of land.
Garage, Private - a building or structure other than a portion of
the main building, enclosed on not less than three sides and
designed or used only for the shelter or storage of
vehicles, primarily only those vehicles belonging to the
occupants of the main building.
Garage, Public - a building or structure other than a private
garage, used for the care, repair or storage of automobiles,
or where motor vehicles are kept for remuneration, hire or
sale.
Height - total distance in feet from average ground elevation at
perimeter walls to top of sign or structure.
Home Occupation - is an occupation or business activity which
results in a product or service and is conducted in whole or
in part in the dwelling unit, and is clearly subordinate to
the residential use of the property.
Hospital - an institution specializing in giving clinical,
temporary and emergency services of a medical or surgical
nature to human patients and licensed by Washington State
Law.
Hospital, Mental - (Including treatment of alcoholics) - an
institution licensed by Washington State Agencies under
provisions of law to offer facilities, care and treatment
for cases of mental and nervous disorders and alcoholics.
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Junk Yard - an open area where waste or scrap materials are
bought, sold, exchanged, stored, baled, packed, disassembled
or handled, including but not limited to scrap iron and
other metals, paper, rags, rubber tires and bottles. A junk
yard includes an auto wrecking yard but does not include
uses established within enclosed buildings.
Kennel - a place where three (3) or more dogs or cats, four
months old or older, or any combination of dogs and cats,
are kept, whether by owners of the dogs and cats or by
persons providing facilities and care, whether for
compensation or not. Provided that this shall not include
house pets.
Legal Building, Structure, Land Use - any building, structure or
use of the land that complies with all zoning requirements.
Lot - a lot is a zoning lot, except as the context shall indicate
a lot of record, in which case a lot is a "lot, of record ".
Lot, of Record - a parcel of land that is registered as a lot or
parcel of land in the records of the County Auditor.
Lot, Zoning - a single tract of land located within a single
block, which at the time of filing for a building permit, is
designated by its owner or developer as a tract to be used,
developed or built upon as a unit, under single ownership or
control. A zoning lot may or may not coincide with a lot of
record
Lot, Corner - a lot situated at the intersection of two or more
streets.
Lot, Reverse Corner - a corner lot in which the rear property
line coincides with the side property line of an abutting
lot.
Lot, Through - a lot having two opposite lot lines abutting pub-
lic streets which are usually more or less parallel to each
other; not a corner lot. Both'lot lines abutting streets
shall be deemed front lot lines.
Lot Line, Front - that boundary of a lot which abuts a street.
Lot Line, Rear - that boundary of a lot which is most distant
from and is most nearly parallel to the front lot line.
Lot Line, Side - any boundary of a lot which is not front nor a
rear lot line.
Medical - Dental Building - a building or group of buildings
designed for the use of physicians and dentists and others
engaged professionally in such healing arts for humans as
are recognized by the laws of the State of Washington.
Motel - an establishment consisting of a group of living or
sleeping accommodations with bathroom, with or without
kitchen facilities, located on a single zoning lot and
designed for use by transient tourists.
Motor Freight Terminal - a building or area in which freight
brought by motor truck is assembled and /or stored for
routing intrastate and interstate shipment by motor truck.
Nonconforming Building or Structure - any building or structure
which does not conform with the lot area, yard, height or
lot coverage restrictions in these regulations, or is
designed or intended for a use that does not conform to the
use regulations for the district in which it is located,
either at the effective date of these regulations or as the
result of subsequent amendments to these regulations.
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Nonconforming Use - any use of land, building or structure which
does not comply with all of these zoning regulations or of
any amendment hereto governing use for the zoning district
in which such use is situated.
Noxious Matter - material capable of causing injury to living
organisms by chemical reaction, or is capable of causing
detrimental effects upon the physical or economic well -being
of individuals.
Offstreet Parking Space - an area of at least 10 feet in width
and 20 feet in length situated on territory other than a
public or private street, alley, highway or trafficway, and
used only for the storage of vehicles.
Outdoor Advertising Display, Sign or Billboard - any material of
any kind placed, painted or printed for outdoor advertising
purposes on or in the ground, or on any tree, wall, rock,
fence, building or structure.
Outdoor Advertising Structure - a structure of any kind erected
or maintained for outdoor advertising purposes, upon which
any outdoor advertising display, sign or billboard is or may
be placed.
Person - includes an individual, firm, partnership, association
or corporation.
Professional Offices - offices used as a place of business con-
ducted by persons engaged in recognized professions, and
others whose business activities consist chiefly of services
to the person as distinguished from the handling of
commodities.
Public Open Space - any public owned open area; parks, play-
grounds, playfields, beaches, waterways, parkways, boule-
vards, streets, greenbelts.
Reclassification - a change in zoning boundaries upon the zoning
map which is an official part of these zoning regulations.
Recreation Facility or Area, Non- Commercial - a facility or area
for recreation purposes, such as a swimming pool, park,
tennis court, playground or other similar use operated and
maintained by a non - profit club or organization.
Residence - a building or structure, or portion thereof, which is
designed for and used to provide a place of abode for human
beings. The term "residence" includes the term "residential'
as referring to the type, or intended use, of a building.
Rest Home, Nursing Home, Home for the Elderly - a private home or
institution for the care of the aged or the infirm; a place
of rest and care for those suffering bodily disorders.
Roof - a structure covering any portion of a building or struc-
ture, including the projections beyond the walls or
supports.
Service Station - an establishment which provides for the servic-
ing of motor vehicles and operations incidental thereto,
limited to the retail sale of petroleum products and auto-
mobile accessories; automobile washing (not including auto
laundry); waxing and polishing of automobiles; tire changing
and repair (not including recapping); battery service,
charging and replacement (not including repair and rebuild-
ing); radiator cleaning and flushing (not including steam
cleaning and repair); installation of accessories; and the
following operations if conducted wholly within a building:
lubrication of motor vehicles, brake servicing, wheel
balancing, the testing and replacement of carburetors,
coils, condensers, fan belts, wiring, water hoses and
similar parts.
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Stable, Private - a detached accessory building in which only the
horses and cows owned by the occupants of the premises are
kept, and in which no horses and cows are kept for hire,
remuneration or sale.
Stand - a structure for the display and sale of products, with no
space for customers within the structure itself.
Story - the space between the floor and the ceiling above said
floor. A basement shall be considered a story when more
than half of the basement height is above the finished lot
grade.
Street - a public right -of -way which affords a primary means of
access to abutting property.
Street Right -of -Way Line - the boundary line between a street and
abutting property.
Structure - anything constructed in the ground, or anything
erected which requires location on the ground or water, or
is attached to something having location on or in the ground
or water, but not including fences or walls used as fences
six feet or less in height.
Structural Alteration - any change, other than incidental repairs
which would prolong the life of the supporting members of a
building, such as bearing walls, columns, beams or girders.
Through Lot - (See "Lot, through ".)
Trailer, Automobile {Mobile Home, Vacation Trailer) - a vehicle
without motor power, designed to be drawn by a motor vehicle
and to be used for human habitation; including a trailer
coach and any self- propelled vehicle having a body designed
for, or converted to the same uses as an automobile trailer
without motor power.
Trailer Park, Trailer Court, Mobile Home Park - any premises on
which are parked one or more vehicles designed, intended,
arranged or used for living or sleeping purposes, or any
premises used or held out for the purpose of supplying to
the public a parking space for one or more such vehicles,
whether such vehicles stand on wheels or rigid supports.
Use - the purpose or activity for which the land, or building
thereof, is designed, arranged or intended, or for which it
is occupied or maintained and shall include any manner of
performance of such activity with respect to the performance
standards of these zoning regulations.
Use, Principal - the main use of land or buildings as distin-
guished from a subordinate or accessory use.
Utility Building or Structure - an installation to provide
utility service.
Variance - an adjustment in the application of the specific
regulations to a particular parcel of property which
property, because of special circumstances, applicable to
it, is deprived of privileges commonly enjoyed by other
properties in the same vicinity and zone.
Yard - an open space on a zoning lot which is unoccupied and un-
obstructed from its lowest level to the sky, except as
otherwise permitted in the Permitted Intrusions in Required
Yards in these regulations. A yard extends along and at
right angles to a lot line to a depth or width specified in
the yard regulations for the zoning district in which such
zoning lot is located.
Yard, Front - extends along the full length of the front lot
line, between the two side lot lines and to the closest
building on the same lot, or to a distance designated in
zoning regulations.
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Yard, Rear - extends along the full length of the rear lot line,
between the two side lot lines and to the closest principal
building on the same lot, or to a distance designated in
zoning regulations.
Yard, Side - extends along a side lot line from the front yard to
the rear yard, between the side lot line and to the closest
building on the same lot, or to a distance designated in
zoning regulations.
Zone - an area defined as to boundaries and location, and classi-
fied by the zoning regulations as available for certain
types of uses, and which other types of uses are excluded.
Zoning Lot - a single tract of land located within a single
block, which at the time of filing for a building permit, is
designated by its owner or developer, as a tract to be used,
developed or built upon as a unit, under single ownership or
control. A zoning lot may or may not coincide with a lot of
record.
Section 2. Section 4 of Ordinance No. 2103 is hereby
amended to read as follows:
Section 4. Section 17.86.012 DEFINITIONS
A. "Home Occupation" is an occupation or business activity
which results in a product or service and is conducted
in whole or in part in the dwelling unit, and is
clearly subordinate to the residential use of the
property.
B. "Commercial Vehicle" is a licensed (according to
tonnage), motorized vehicle designed for transportation
of commodities, merchandise, produce, freight, animals
or passengers, and operated in conjunction with a
business, occupation or home occupation. This term
shall include, but is not limited to, automobiles,
trucks, tractor /trailers, and vans.
Section 3. Section 7 of Ordinance No. 2103 is hereby
amended to read as follows:
Section 7. Section 17.86.040 DEVELOPMENT STANDARDS.
All Home Occupations in dwelling units and accessory buildings
shall comply with the following development standards:
A. There shall be no exterior display, no exterior sign,
no exterior storage of materials (not including
commercial vehicles), and no other indication or
appearance of a business that would detract from the
residential character of the area.
B. If the operation is the type where customers or clients
come to the home, the Planning Commission and City
Council shall determine the number of visitations per
day that is compatible with the area.
C. If customers or clients visit the home, the hours of
operation shall be from 9:00 AM to 5:00 PM, unless
otherwise specified by the Planning Commission and City
Council.
D. If the operation is the type in which classes are held
or instruction given, the Planning Commission and City
Council shall determine the number of students per day
that is compatible with the area.
E. Employees working on the premises shall be limited to
members of the family residing in the dwelling unit,
unless otherwise specified by the Planning Commission
and City Council; PROVIDED that the number of non -
family employees shall not exceed one.
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F. On- premise retail sale of goods not produced, processed
or fabricated in the dwelling unit shall not be per-
mitted.
G. Home Occupations shall be conducted in whole or in part
in the dwelling unit but not exclusively in an acces-
sory building ; PROVIDED that the dwelling unit and
accessory building in which the Home Occupation is
conducted shall occur on the same parcel.
Section 3. This Ordinance shall take effect as
provided by law.
PASSED by the City Council of the City of Port Angeles
at a regular meeting of said Council held on the (ictday of
ATTEST:
, 1983.
•r4 C' y Clerk
ter. ►,. A ,
APPROV = AS TO FORM:
Craig D. Kn'tson, City Attorney
PUBLISHED:
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