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HomeMy WebLinkAbout2483ORDINANCE NO. 2483 AN ORDINANCE of the City of Port Angeles providing for the regulation of bed and breakfasts, and amending the Zoning Ordinance. No. 1709. WHEREAS, it is in the best interests of the City of Port Angeles to promulgate regulations relating to the operation of bed and breakfast establishments in the City of Port Angeles; and WHEREAS, the necessary public hearings have been held, pursuant to Chapter 43.21C RCW; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PORT ANGELES DOES ORDAIN as follows: Section 1. There is hereby added to the Zoning Ordinance, Ordinance No. 1709, a new Chapter, as follows: Chapter 17.18 BED AND BREAKFASTS Sections: 17.18.010 Purpose. 17.18.020 Definitions. 17.18.030 Applicability. 17.18.040 Development Standards. 17.18.050 Application Procedure. 17.18.060 Public Hearing. 17.18.070 Planning Director's Decision. 17.18.080 Notification of Decision. 17.18.090 Permit Limitations. 17.18.100 Permit Revocation. 17.18.110 Penalties. 17.18.120 Appeals. Section 17.18.010 Purpose. The purpose of the bed and breakfast conditional use is to ensure that transient lodging -1- provided within a dwelling unit located in a residential district is compatible with the residential character of the neighborhood and the surrounding residences. Section 17.18.020 Definitions. A "bed and breakfast" is a single - family residence containing one kitchen and shared dining area, providing lodging for guests and travelers for a period of up to thirty (30) days and serving primarily breakfast only to people registered to use the facility for lodging or special events that require facilities to provide more than just meals. Section 17.18.030 Applicability. A Conditional Use Permit in accordance with the provisions of this Chapter is required for all bed and breakfasts occurring in residential use districts. Bed and breakfasts occurring in commercial districts shall be considered hotels and regulated accordingly. Section 17.18.040 Development Standards. All bed and breakfasts shall comply with the following development standards: A. All bed and breakfasts shall be located in single - family residences and shall exhibit no outward appearance of a business or of a non - residential nature, other than permitted signs. B. All bed and breakfast operators shall live on the premises. C. A bed and breakfast with four or fewer rooms for let shall provide parking spaces for the operator and guests. Bed and breakfasts with more than four rooms for let shall provide parking spaces for the operator, guests and employees. D. All off - street parking areas shall be screened in a manner that is compatible with and respectful of adjacent properties. E. All signs shall be no more than five (5) square feet in area, indirectly lit, and parallel to the building facade to which they are attached unless they are free - standing in the -2- yard. Free - standing signs cannot exceed three feet in height but may be perpendicular to the facade. The light source shall be shielded from abutting property and rights -of -way. There shall be a maximum of two free - standing signs. F. All bed and breakfasts shall comply with the applicable local and State Fire and Health Codes. G. All bed and breakfasts shall not be transferable to new locations. H. Size and area requirements: No. of Bdrms. To Let Min. Lot Area 0 - 4 5 - 8 9 - 12 13 - 16 17 - 20 21 - 24 one lot two lots 28,000 sq. ft. 1 acre 2 acres 4 acres I. Accessory Activities and Facilities *. Bed and break- fasts shall have the following minimum lot area in order to provide these activities or facilities: Activity and /or Facility Minimum Area Hot tub one lot Sauna one lot Swimming Pool 1 acre Tennis Court 1 acre Other outdoor rec. courts (volley -ball, hand ball) 1 acre Meeting rooms 2 acres Playing fields 2 acres *NOTE: Combination of activities and facilities; e.g., tennis courts and swimming pools, may require additional lot area beyond the minimum listed; however, the minimum areas are not additive; e.g., if the bed and breakfast has one acre, it can have a pool and a tennis court. Nor are these areas additive to the base minimum. -3- J. Any change in the ownership, structure, or the site plan requires a revised permit. Section 17.18.050 Application Procedure. A. The application for a Conditional Use Permit for a bed & breakfast shall be submitted on a form obtained from the Planning Department and shall also be signed by the owner of the property if other than the applicant. B. Upon receipt of an application satisfying the requirements of this Chapter, the Planning Department shall route it to all appropriate Departments. Each City Department shall submit to the Planning Department recommendations and comments regarding the application. Section 17.18.060 Public Hearing. Upon receipt of a complete application, the Planning Department shall schedule a public hearing. Written notification of the application and notice of said public hearing shall be posted on the subject property and /or in the vicinity and provided to the applicant and the abutting property owners at least ten (10) days prior to the hearing. Section 17.18.070 Planning Director's Decision. Fol- lowing the public hearing the Planning Director shall, in writ- ing, approve, deny or approve with modifications or conditions, the application. The Planning Director shall attach such conditions as may be deemed necessary to ensure land use compatibility, public safety, and compliance with all standards and requirements of this Chapter. Said written decision shall include findings based upon compliance with the development standards (.050) and the following criteria: A. Water, sewer, power, road, police and fire, and refuse disposal must be available and adequate for the proposed use. On -site sewage systems may be utilized if principal sewer service is not available and the County Health officials approve the system for the proposed use. -4- B. The proposal should not cause detrimental effects on the surrounding residential area as a result of changes in the following elements (but not limited to just these elements): traffic, noise, activities occurring on -site, lighting, and the ability to provide utility service. C. The proposal shall be compatible with surrounding residential area because the treatment of the following aspects (but not limited to the following only) is adequate to assure compatibility: landscaping, location of structure(s), parking areas, and the residential nature of construction and /or archi- tectural details of the structure. Section 17.18.080 Notification of Decision. Following the Planning Director's decision, the Planning Department shall provide copies of the decision to the applicant and the abutting property owners and post notice of said decision on the subject property and /or in the vicinity within ten (10) days. Section 17.18.090 Permit Limitations. A. Once a Conditional Use Permit has been issued for a bed and breakfast, it shall not be transferred to another location. B. The Conditional Use Permit shall be valid only for so long as the bed & breakfast complies with the requirements of this Chapter and the conditions of approval. C. Any change in the ownership, the structure, or the site plan requires a revised permit. Section 17.18.100 Permit Revocation. The Planning Director may immediately revoke or suspend the permit, or deny either the issuance or renewal thereof, if he finds that: A. The applicant or permittee has violated or failed to meet any of the provisions of this Chapter or conditions of the permit; or B. Any required licenses have been suspended, revoked, or cancelled. -5- Upon denial, suspension or revocation, the Planning Director shall notify the applicant or permittee in writing of the action he has taken and the reasons therefor. After giving such notice by certified mail, if the bed and breakfast has not been removed within thirty (30) days, the Planning Director, or his designee, may cause the closure of any bed and breakfast found in violation of this Chapter. Section 17.18.110 Penalties. Any person violating any provision of this Chapter shall be guilty of a misdemeanor and shall be punished by a fine not to exceed Five Hundred ($500) Dollars. Each day that a violation continues shall constitute a separate offense. Section 17.18.130 Appeals. A. Any person aggrieved by the decision of the Planning Director under Sections 17.18.070 or .100 may appeal the decision. B. Appeals shall be submitted to the Planning Department in writing within fifteen (15) days following the date of mailing the decision to the applicant. C. The Planning Commission shall hear the appeal at its next possible public meeting and thereupon make a recommendation to the City Council to uphold, reverse, or modify the decision, based upon the compliance with the requirements of this Chapter. Such recommendation shall include written findings of fact. D. The City Council, at its next possible public meeting following receipt of the Planning Commission's recommendations, may adopt, reverse, or modify the Planning Commission's recom- mendations and shall set forth written findings of fact. E. Any further appeal shall be to the Clallam County Superior Court. Section 2 - 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 -6- the provisions of the Ordinance to other persons or circum- stances, is not affected. Section 3 - Effective Date. This Ordinance shall take effect five (5) days after date of its publication. PASSED by the City Council of the City of Port Angeles at a regular meeting of said Council held on the /5 — day of ?¢h@c°c- , 1988. ATTEST: Michelle Maike, City Clerk APPROVED AS TO FORM: Craig D Knutson, City Attorney PUBLISHED: 03/18/88 PL1829[4] -7- M A Y O R