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HomeMy WebLinkAbout2595ORDINANCE NO. 2595 AN ORDINANCE of the City of Port Angeles, Washington, revising and clarifying the authority of the City Council, Planning Commission, and Planning Director with regard to certain land use matters, establishing a standard method of providing notice of public hearings, establishing a 15 -day appeal period and amending the Zoning Code, Ordinance No. 1709, and Ordinances 2033, 2103, and 2531, and repealing certain sections of Ordinances No. 2483, 2038 and 2471. WHEREAS, it is necessary and appropriate to redefine the roles of the City Council, Planning Commission, and Planning Director in the decision - making process for conditional use permits so that the Council becomes the appellate body and the process is more efficient and less susceptible to legal challenges; and WHEREAS, it is necessary and appropriate to establish an improved, standard method of providing notice of public hearings on zoning code decisions in order to give the public a better opportunity to be heard; and WHEREAS, it is necessary and appropriate to establish a 15- day appeal period for challenging zoning code decisions in order to give such decisions more finality; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PORT ANGELES DOES HEREBY ORDAIN as follows: Section 1. Article XI, Section 7 of the Zoning Code, Ordinance 1709, as amended by Ordinance 2503, is hereby amended to read as follows: Section 7 - Hearing and Appeal of Conditional Use Applications Notice and Hearing for Conditional Use Permits Upon filing an application for a Conditional Use Permit in which the application sets forth fully the grounds for, and the facts deemed to justify, the granting of the Condition- al Use Permit, the Planning Commission shall give public notice, as provided in thc Laws of thc State of Washington and articles in these Regulations which arc applicable heeta Article XI, Section 14, of the Zoning Code, of the intention to consider at a public hearing the granting of the Conditional Use Permit; provided, however, that conditional use permits for bed and breakfasts, home occupations and retail stands shall be considered by the Planning Director in accordance with Article IV, Chapters 17.18, 17.86 and 17.87 of the Zoning Code. The Planning Commission shall, after said hearing, refer ita recommendation to the City Council for final action Commission's decision shall be final unless appealed to the -1- City Council. Notice of Action on Application application, the Building Official, within fourtccn (14) days from thc date of such action, shall notify the applicant by forwarding a copy of thc action. Action of thc City Council on applications in regard to Conditional Usc Permits shall be held at public hearings Decisions Conditional Use Permit decisions by the Planning Commission, Planning Director, and City Council shall be set forth in writing and shall be accompanied by written findings and conclusions. Decisions shall be deemed effective upon adoption of the written decision, findings and conclusions. The 15 -day appeal period shall commence upon such adoption. On the next business day following the effective date of the decision, the Planning Department shall mail copies of the decision, findings and conclusions to the applicant and anyone else who has in writing requested such notification. Appeals 1. Any person aggrieved by the decision of the Planning Commission or Planning Director may appeal the decision to the City Council. 2. Appeals shall be submitted to the Planning Department in writing within fifteen (15) days following the date of the decision. 3. The City Council shall conduct a public hearing on the appeal with notice being given as set forth in Article XI, Section 14 of the Zoning Code. The Council's decision shall be final unless appealed to Clallam County Superior Court in accordance with Article XI, Section 15, of the Zoning Code. Requests for Exceptions All applications for exceptions from these Zoning Regula- tions shall contain all basic information, along with other pertinent facts, maps, and data required by the Planning Commission. Permits Void After One Year All Conditional Use Permits shall become void one year from the date of granting such permits if use of the land or buildings has not taken place in accordance with the provisions in granting said requests. Extensions of Approved Conditional Uses The Planning Director or his dcsigncc is authorized to grant cxtensions for those approved conditional uses that following procedures and criteria are met: A. Procedures. 1. The request for extension must be submitted prior to expiration of thc permit. 2. Thc request shall be postcd in thc same manner as for a new Conditional Usc Permit. 3. Thc Planning Dircctor shall hold a public hearing. B. Review Critcria. may issue extensions for one to five years, providing -2- thc following criteria have bccn mct: 1. Thc uoc complies with thc permit conditions. 3. There have bccn no complaints from surrounding property owners or local agcncico. If there have bccn complaints, thc extension shall be reviewed by thc Planning Commission, rather than C. Appeals. 1. Any person aggrieved by thc decision of the Planning Director may appeal the decision. 2. Appeals shall bc submitted to the Planning Department in writing within fifteen (15) day° thc applicant and any peroon(s) submitting written comments or tcstifying at thc public hearing. 3. The Planning Commission shall hear thc appeal at its ncxt po°ciblc public meeting and thereupon make a recommendation to thc City Council to uphold, reverse, or modify thc decision, baocd upon thc compliance of thc permit with the requirement° of thc 'zoning Code. Cuch rccom mcndation shall include written findings of fact. 4. Thc City Council at it° ncxt poosiblc public �ni° °ion rccommcndation, may aaopt, rcvcr °c, or modify thc Planning Commis °ion'° rccommcndation° and shall oct forth written findings of fact. 5. Any further appeal shall bc to the Clallam County Superior Court. Extensions of those previously approved conditional uses that have specified time periods of authorization shall be considered in accordance with the same procedures and by the same entity as for the original permit application. and may be granted for a period of one to five years, provided that the following minimum criteria are met: 1. The use complies with the permit conditions. 2. There have been no significant, adverse changes in circumstances. Section 2. Article XI of the Zoning Code is hereby amended by adding a new Section 14 as follows: Section 14. Notice of public hearings required pursuant to the Zoning Code shall be given as follows: 1. At least ten (10) days prior to the date of the public hearing, the Planning Department shall cause notice of the time, place, and purpose of the hearing to be published in the City's officially designated newspaper. 2. In addition to the notice given in subsection 1, where the purpose of the public hearing involves a specific site, notices shall be given as follows: A. At least ten (10) days prior to the date of the public hearing, the applicant shall cause notice of the time, place and purpose of the hearing to be posted on the -3- site in a conspicuous manner in the form of a brightly colored notice on a self- standing sign as provided by the Planning Department or in such other form as the Planning Department may direct. The applicant shall file with the Planning Department an affidavit that such posting has been accomplished. B. At least ten (10) days prior to the date of the public hearing, the Planning Department shall cause notice of the time, place and purpose of the hearing to be mailed to the latest recorded real property owners within at least 300 feet of the boundary of the site as shown by the records of the County Assessor. The applicant shall provide the Planning Department with mailing labels for each such property owner. Section 3. Article XI of the Zoning Code is hereby amended by adding a new Section 15 as follows: Section 15. Any appeal of a final decision rendered by the City Council pursuant to the Zoning Code shall be filed in Clallam County Superior Court within fifteen (15) days of such final decision or be barred. Section 4. The Home Occupation Chapter of Article IV of the Zoning Code, Chapter 17.86, and Ordinance 2103 are hereby amended to read as follows: HO - HOME OCCUPATIONS CHAPTER 17.86.010 PURPOSE. The purpose of the Home Occupation Conditional Use is to ensure that an occupation or business undertaken within a dwelling unit located in a residential use district is incidental to the primary use and is compatible with the residential character of the neighborhood. 17.86.011 CONFLICT WITH OTHER ORDINANCES. Should any of the provisions or definitions of Ordinance No. 1709, as amended, conflict with or overlap any of the provisions of definitions of this Ordinance, whichever imposes the more stringent regulations shall prevail. A. B. 17.86.012 DEFINITIONS. "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. "Commercial Vehicle" is a licensed (according to tonnage), motorized vehicle designed for transportation of commodi- ties, merchandise, produce, freight, animals, or passen- gers, and operated in conjunction with a business, occupa- tion, or home occupation. This term shall include, but is not limited to, automobiles, trucks, tractor /trailers, and vans. 17.86.020 APPLICABILITY. A Conditional Use Permit in accordance with the provisions of this Chapter is required for all Home Occupations occurring in residential use districts except those exempted pursuant to Section 17.86.030. -4- 17.86.030 HOME OCCUPATIONS EXEMPTED. The following Home Occupations shall be exempted when all the development standards in Section 17.86.040 and specific conditions applicable to each use are met: A. Authors, composers, writers. B. Building contractors, home builders, building tradesmen, landscaping services, janitorial services, commercial loggers, divers, truck drivers, PROVIDED 1. No more than one commercial vehicle is parked on the premises at one time; 2. No outside storage of materials or equipment, except hand - carried tools, on the premises; 3. Only family members working in the residence may park their vehicles on the property or the adjacent street as part of the conducting of the business. C. Retail and wholesale salespersons, business representa- tives, PROVIDED 1. No customers visit the premises; 2. No products, except samples, are stored on the premises; 3. Only family members working in the residence may park their vehicles on the property or the adjacent street as part of the conducting of the business. 17.86.040 DEVELOPMENT STANDARDS. All Home Occupations 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 Commi .,ion and City Council Director 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 Director. D. If the operation is the type in which classes are held or instruction given, the Planning Commission and City Council Director 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 Commi--ion and City Council Director; PROVIDED that the number of non - family employees shall not exceed one. F. On- premise retail sale of goods not produced, processed or fabricated in the dwelling unit shall not be permitted. G. Home Occupations shall be conducted in whole or in part in the dwelling unit but not in an accessory building unless otherwise specified by the Planning Commission and City Council Director; PROVIDED that the dwelling unit and accessory building in which the Home Occupation is conducted shall occur on the same parcel. 17.86.050 APPLICATION PROCEDURE. The application for a Conditional Use Permit for a Home Occupation shall be submitted on a form obtained from the Planning Department and shall be acknowledged by the owner of the property, if other than the applicant. 17.86.060 ROUTING AND STAFF RECOMMENDATIONS. Upon receipt of an application satisfying the requirements of Section 17.86.050, the Planning Department shall route the same to all appropriate departments. Each such department shall submit to the -5- Planning Department recommendations and comments regarding the application. The Planning Department shall prepare a report to the Planning Commission Director summarizing the factors involved, the recommendations of other departments, and the Planning Department recommendation 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. 17.86.070 PLANNING CONIIISCION DIRECTOR PUBLIC HEARING - SCHEDULING AND NOTICE. Upon receipt of any application satisfying the requirements of Section 17.86.050, the Planning Department shall schedule a public hearing before the Planning„- Director with public notice being given as provided in Article XI, Section 14, of the Zoning Code. 17.86.080 PLANNING COMMISCION RECOMMENDATIONDIRECTOR DECISION. Prior to making a rccommcndationdecision on an application for a Conditional Use Permit for a Home Occupation, the Planning CommissionDirector shall hold at least one public hearing. The Director's decision shall be rc =rdcd in thc Minutes-in written form with findings based upon compliance with Section 17.86.010, 17.86.040 and the following criteria: A. That the Home Occupation does not involve equipment or processes which introduce noise, smoke, dust, fumes, vibrations, odors, and other hazards in excess of those normally found in residential areas. B. That the Home Occupation does not significantly increase local vehicular or pedestrian traffic. C. That the Home Occupation shall not be injurious or detrimental to adjoining or abutting properties. D. That the Home Occupation shall not endanger the public health, morals, safety, and welfare; and that it is in the public interest. E. The Planning Commiscion recommendation Director decision shall include a condition that Home Occupations be forwarded to the Council Public Works Department for the determination of utility charges. 17.86.090 SPECIAL REVIEW. Persons with demonstrated physical handicaps may be permitted Special Review by the Planning Commission Director. Such applicant may request waiver of Development Standard E and /or F. No waiver of the criteria of Section 17.86.080 will be considered. 17.86.095 SPECIAL REVIEW CRITERIA. In addition to the criteria of Section 17.86.080, the Commi ^cionDirector shall base its rccommcndationhis decision on a Special Review upon the following criteria: A. The waiver of any development standard shall not change the basic residential character of the dwelling unit nor detract in any way from the residential character of the neighborhood. A. 17.86.100 PLANNING COMMICSION DECICION FINALITYAPPEALS. The Planning Commi ^cionDirector decision shall stand as the City's final decision, unless appealed by thc applicant or decision. Cuch appeal must be submitted in writing to the City Clerk within ten days of thc Planning Commission den any person aggrieved by the decision to the City Council. -6- B. Appeals shall be submitted to the Planning Department in writing within fifteen (15) days following the date of the Planning Director decision. C. The City Council shall conduct a public hearing on the appeal with public notice being given as provided in Article XI, Section 14, of the Zoning Code. The Council's decision shall be final unless appealed to Clallam County Superior Court in accordance with Article XI, Section 15, of the Zoning Code. at a public hearing, considcr an appeal from the decision of the approve with modifications or conditions the appeal. Action shall be by motion and shall include findings based upon Section:, 17.86.010, 17.8G.040 and 17.86.080. 17.86.110 PERMIT LIMITATIONS. A. Once a Conditional Use Permit for a Home Occupation has been issued, it shall not be transferred to another person or to a location other than as stated on the permit. B. The initial time limit on approved Conditional Use Permits for Home Occupations shall not exceed one year, after which time extensions for two years may be granted. Request for time cxtcnsions shall follow procedures for Conditional use Permits in Sections 17.86.050 through 17.86.100 as provided in Article XI, Section 7, of the Zoning Code. A. B. 17.86.120 EXISTING HOME OCCUPATIONS. Home Occupations, other than those specifically exempted under Section 17.86.030, established prior to the effective date of this Chapter and not having a Conditional Use Permit in accordance with the provisions of Ordinance No. 1709, shall, within ninety (90) days after the effective date of this Chapter, initiate a Conditional Use Permit application. After the ninety -day period, the penalties section of this Chapter shall be in full force. Time extensions of Conditional Use Permits for Home Occupations lawfully established prior to the effective date of this Chapter shall not be approved unless the Home Occupation complies fully with this Chapter. 17.86.300 REVOCATION OF PERMIT. Any permit issued pursuant to the terms of this Chapter may be revoked in accordance with the provisions of Chapter 1, Section 13, Ordinance No. 2050. A. B. 17.86.310 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. In addition to the criminal penalty of Subsection A hereof, any person operating under an exemption authorized by any portion of this Chapter shall be deemed to have forfeited said permit as a result of said violation. Such person shall be required to apply for a Conditional Use Permit pursuant to the provisions of Section 17.86.050. Failure to apply for and obtain a Conditional Use Permit pursuant to Section 17.86.050 shall subject such person to the penalty specified in Section 17.86.310 A. Section 5. Section 17.67.050 of Ordinance 2531 is hereby amended to read as follows: -7- 17.67.050 Separation Requirements. Adult entertainment businesses may be permitted by Conditional Use permit only if the following separation requirements are met, unless a waiver is obtained as provided herein: A. No adult entertainment business shall be located closer than 1,000 fcct to another adult entertainment buoincos, the City limits. A. No adult entertainment business shall be located closer than 1,000 feet to any of the following zones or uses, which are likely to be frequented by persons under the age of 18, whether such zone or use is located within or outside the City limits: 1. Any zone in which residential uses are an outright permitted use; 2. Single- or multi - family residence; 3. Public park; 4. Public library; 5. Daycare center, pre - school, or nursery school; 6. Public or private primary or secondary school; 7. Church; provided that, for the purpose of this Chapter, "church" shall mean a building erected for and used exclusively for religious worship and schooling or other activity in connection therewith. B. The distances provided in this Section shall be measured by following a straight line, without regard to intervening buildings, from the nearest point of the property parcel upon which the proposed use is to be located, to the nearest point of the parcel or property or the zone from which the proposed land use is to be separated. C. A waiver of the distance requirements provided in this Section may be obtained as follows: 1. By presenting evidence of consent to the location of the adult entertainment business within the 1,000 -foot area by at least 51% of the owners and residents of property within the 1,000 -foot area as evidenced by the notarized signatures of such owners and residents; and 2. By determination of the City Council, based upon the recommendation of the Planning Commission, and consideration of the following: a. The extent to which physical features would result in an effective separation in terms of visibility and access; b. Compliance with the goals and policies of this Chapter; c. Compatibility with adjacent and surrounding land uses; d. The availability or lack of alternative locations for the proposed use; e. Ability to avoid the adult entertainment business by alternative vehicular and pedestrian routes. D. Uses and zones specified under 17.67.050(B) shall not be allowed to locate within 1,000 feet of an adult entertain- ment business. Any party proposing to locate such a use or zone within 1,000 feet of an adult entertainment business is considered an intervening use and may do so only after obtaining a waiver as provided in 17.67.050(D). Section 6. A new section 17.87.085 is hereby added to Article IV of the Zoning Code to read as follows: 17.87.085 PUBLIC HEARING. Prior to making a decision on a Retail Stand Conditional Use Permit, the Planning Director shall hold a public hearing on the application with public notice being -8- given as provided in Article XI, Section 14, of the Zoning Code. Section 7. Article IV, Section 17.87.130, of the Zoning Code is hereby amended to read as follows: 17.87.130 APPEALS. A. Any person aggrieved by the decision of the Planning Director under Section 17.87.090 or .110 may appeal the decision to the City Council. B. Appeals shall be submitted to the Planning Department in writing within fifteen (15) days following the date of the Planning Director decision. C. The retail stand shall be removed and shall not be operated during the appeal process. D. the Planning Commission hall hcar thc appeal at its ncxt to the City Council to uphold, reverse, or modify the decision, based upon thc compliance of the retail stand with the requirements of this Chapter. Cuch recommendation The City Council shall conduct a public hearing on the appeal with public notice being given as provided in Article XI, Section 14, of the Zoning Code. The Council's decision shall be final unless appealed to Clallam County Superior Court as provided in Article XI, Section 15 of the Zoning Code. E. The City Council, at its next possible public meeting following receipt of thc Planning Commission's rccommcndations, may adopt, revcrsc, or modify thc Planning Commission's recommendations and shall sct forth written findings of fact. F. Any further Appeal shall be to the Clallam County Cuperior Court. Section 8. Article IV, Section 17.18.130, of the Zoning Code is hereby amended to read as follows: 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 to the City Council. B. Appeals shall be submitted to the Planning Department in writing within fifteen (15) days following the date of the Planning Director decision. C. to the City Council to uphold, reverse, or modify the of this Chapter. Cuch recommendation hall include written findings of fact. The City Council shall conduct a public hearing on the appeal with public notice being given as provided in Article XI, Section 14, of the Zoning Code. The Council's decision shall be final unless appealed to Clallam County Superior Court in accordance with Article XI, Section 15, of the Zoning Code. D. The City Council, at its ncxt possible public meeting following reccipt of the Planning Commission's recommendations, may adopt, reverse, or modify the Planning Commission's recommendations and shall set forth written findings of fact. -9- E. Any further Appeal shall be to the Clallam County Superior Court. Section 9. Article X, Section 6 of the Zoning Code, Ordinance 1709, as amended, is hereby amended to read as follows: Section 6 - TEMPORARY BUILDINGS A. PLANNING DIRECTOR DECISION The Planning Director may issue permits for occupancy of temporary buildings, including mobile homes, used in conjunction with construction or reconstruction projects, or buildings used as real estate tract offices, for a period not to exceed one (1) year. Such temporary buildings may be located in any zone; provided, however, sufficient setbacks are maintained to protect the public health, safety, and welfare. Buildings intended for a longer period of use shall conform in every respect to all provisions of these regulations. Requests for cxtcnoions, and appeal of denialo but will be considered by the Planning Director at a public hearing. Requests for extensions of previously approved temporary use permits with specified time periods of authorization shall also be considered by the Planning Director at a public hearing and may be granted for a period of one to five years provided that the following minimum criteria are met: 1. The use complies with the permit conditions. 2. There have been no significant adverse changes in circumstances. B. APPEALS 1. Any person aggrieved by the decision of the Planning Commission or Planning Director may appeal the decision to the City Council. 2. Appeals shall be submitted to the Planning Department in writing within fifteen (15) days following the date of the decision. 3. The City Council shall conduct a public hearing on the appeal with notice being given as set forth in Article XI, Section 14 of the Zoning Code. The Council's decision shall be final unless appealed to Clallam County Superior Court in accordance with Article XI, Section 15. of the Zoning Code. Section 10. Ordinance 2033 is hereby amended by adding a section as follows: -10- 15.08.105 Council Hearing. Before making its final decision on shoreline applications, the City Council may conduct a public hearing at its discretion with notice being given as set forth in RCW 90.58.140(4). Section 11. The following sections of the Zoning Code are hereby repealed: Sections 17.18.060 and 17.18.080 of Ordinance 2483, Section 17.70.110 of Ordinance 2038, and Section 17.87.090 of Ordinance 2471. Section 12 - Effective Date. This Ordinance shall take effect five days after publication. PASSED by the City Council of the City of Port Angeles at a regular meeting of said Council held on the 19th day of June , 1990. eITEST ichelle M. Maike, City Clerk APPROVED AS TO FORM: Dennis Dickson, Acting PUBLISHED: 6/22/90 (by 90.12 aA- City Attorney summary) M A SUMMARY OF ORDINANCE ADOPTED BY THE PORT ANGELES CITY COUNCIL AT THE REGULAR MEETING OF JUNE 19, 1990 ORDINANCE NO. 2595 An Ordinance of the City of Port Angeles clarifying the authority of the City Council, Planning Commission, and Planning Director with regard to certain land use matters, establishing a standard method of providing notice of public hearings, establishing a 15 -day appeal period and amending the Zoning Code, Ordinance No. 1709, and Ordinances 2033, 2103, and 2531 and repealing certain sections of Ordinances Nos. 2483, 2038, and 2471. This ordinance shall take effect 5 days after publication. The full text of said ordinance shall be mailed upon request. Michelle M. Maike City Clerk Publish: June 22, 1990 cc.SUM