HomeMy WebLinkAbout2636ORDINANCE NO. 2636
AN ORDINANCE of the City of Port Angeles
amending the Zoning Code, Ordinance 1709,
as amended, by defining the purpose of
certain conditional use chapters, adding
chain saw sales and service as a permitted
use in the ACD and LI Zones, adding various
types of conditional uses in the CSD -C Zone,
allowing discretion to the types of conditional
uses that may be permitted in residential,
commercial and PBP Zones, regulating temporary
signs, modifying enforcement and procedural
provisions, and amending Chapters 17.10, 17.11,
17.18, 17.20, 17.26, 17.28, and 17.32, and
Articles I, IV, VIII, IX, X, and XI.
THE CITY COUNCIL OF THE CITY OF PORT ANGELES DOES
ORDAIN as follows:
Section 1. Article I of the Zoning Code, Ordinance
1709, as amended, is hereby amended to read as follows:
ARTICLE I
This comprehensive Ordinance is adopted for the following
purposes:
1. To divide the City into zones and districts restricting and
regulating therein the location, construction, reconstruc-
tion, alteration, and use of buildings, structures and land
for residential, business, commercial, manufacturing,
public, and other specified uses.
2. To protect the character and maintain the stability of
residential, commercial, and manufacturing areas within the
City, and to promote the orderly development of such areas.
3. To regulate the intensity of use of lots and parcels of
land, and to determine the area of open spaces surrounding
buildings necessary to provide adequate light, air, privacy,
and access to property.
4. To limit congestion in the public streets and to protect the
public health, safety, convenience, and general welfare by
providing for off - street parking of motor vehicles and for
the loading and unloading of commercial vehicles.
5. To establish building lines and the location of buildings
designed for residential, commercial, manufacturing, or
other uses within such lines.
6. To prevent the overcrowding of land and undue concentration
of structures so far as is possible and is appropriate in
each district, by regulating the use and the bulk of build-
ings in relation to the land surrounding them.
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7. To provide protection from fire, explosion, noxious fumes,
and other hazards in the interest of public health, safety,
comfort, and general welfare.
8. To prevent such additions to, and alteration or remodeling
of, existing buildings or structures as would not comply
with the restrictions and limitations imposed hereunder.
9. To prohibit uses, buildings, or structures which are
incompatible with the character of development or the
permitted uses within specified zoning districts.
10. To conserve the taxable value of land and buildings
throughout the City.
11. To define and to limit the powers and duties of the
administrative officers and bodies as provided herein.
12. Zoning Intentions:
RS -7 Zone - The purpose of the RS -7 District is to create
and preserve urban single- family residential neighborhoods
consisting of predominantly single - family homes on standard
Townsite -size lots. Uses which are compatible with and
functionally related to a single - family residential environ-
ment may also be located in this district.
RS -9 Zone - The purpose of the RS -9 District is to create
and preserve suburban single - family residential neighbor-
hoods consisting of predominantly single- family homes on
larger than standard Townsite -size lots. Uses that are
compatible with and functionally related to a single- family
residential environment may be located in this District.
RMF Zone - This zone is the designated area for multi - family
residential structures. Compatible uses may be allowed on
Conditional Use Permits but the zone is still regarded as a
residential area, and commercial enterprises are not
generally felt to be compatible.
PRD District - This District is to provide alternative
zoning regulations which permit and encourage design
flexibility, conservation of natural amenities, and
innovation in residential developments. It is intended that
a Planned Residential Development will result in a residen-
tial environment of higher quality than traditional lot -by-
lot development by use of a design process which includes
within the site design all the components of a residential
neighborhood, such as open space, circulation, building
types, and natural features, in a manner consonant with the
public health, safety, and welfare.
HO Section - 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.
RTP Zone - This zone is intended for mobile home occupancies
only. Conventional dwellings are excluded, but the area is
regarded as essentially residential in character.
OC District - It is for those business, office, administra-
tive, or professional uses which do not involve the retail
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sale of goods, but rather provide a service to clients, the
provision of which does not create high traffic volumes,
involve extended hours of operation, or contain impacts that
would be detrimental to adjacent residential areas.
CSD N Zone A ncighborhood Shopping arca, laid out as a
planned development with buoincooc3 oricntcd solely to
3crving the day to day needs of surrounding rcoidcntial
zoncs a3 oppoocd to commercial bu3incao activities,
automotive oricntcd businesses, or industrial oricntcd
businesses.
CN District - The purpose of the Neighborhood Commercial
District, which shall also be known as CN, is to create and
preserve areas for business that provide the goods and
services for the day -to -day needs of the surrounding
residential areas. Such a District shall be located and
designed to encourage both pedestrian and vehicular access
and to be compatible with adjacent residential neighbor-
hoods.
CSD-Cl Zone - This zoning is essentially the same as the
CSD -N zone with the difference being lack of planned
development as a single project. It represents those areas
where businesses occur on small sites and are of the type
providing goods and services required daily by the
surrounding residential zones.
CSD -C2 Zone - This zone is also oriented primarily to those
businesses serving the immediate needs of the surrounding
residential zones but is slightly less restrictive than the
CSD-Cl zone and as such provides a transition area from the
most restrictive commercial zones to those of lesser
restrictions.
CBD Zone - To strengthen and preserve the area commonly
known as the Downtown for major retail, service, financial,
and commercial operations that serve the entire community,
the regional market, and tourists. It is further the
purpose of this District to establish standards to improve
pedestrian access and amenities and to increase public
enjoyment of the shoreline.
ACD Zone - To create and preserve areas for business serving
the entire City that need an arterial location because of
the nature of the business or intensity of traffic
generated.
LI Zone - To create and preserve areas for industrial uses
in a planned, park -like setting, in close proximity to
airports and highways.
M -2 Zone - The least restrictive industrial area intended to
be the area in which heavy industry could develop causing
the least friction with other land uses.
PBP Zone - A zoning designation for publicly -owned property,
or property not suitable for development by reason of its
topography, geology, or some unusual condition or situation.
Much of the land so designated may best be left as "green
belts ".
Bed and Breakfast Conditional Use - The purpose of the bed
and breakfast conditional use is to ensure the bed and
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breakfast is compatible with its surrounding properties, and
when located in a residential neighborhood, to preserve the
residential character of the neighborhood and the surround-
ing residences.
Home Occupation Conditional Use - 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.
Retail Stand Conditional Use - The purpose of this Chapter
is to ensure that retail stands are appropriately located in
the commercial and public building areas, are compatible
with the uses allowed in such areas, and are conducive to
the public health, safety, and welfare, and to promote the
diversity of retail stand activity.
Adult Entertainment Conditional Use - The purpose of this
Chapter is to ensure that adult entertainment businesses are
appropriately located and operated within the City of Port
Angeles, are compatible with uses allowed within the City,
and are conducive to the public health, safety, and welfare.
Section 2. Section 17.10.040 of the Zoning Code,
Ordinance 1709, as amended, is hereby amended to read as follows:
17.10.040 CONDITIONAL USES
A. Agricultural nurseries and greenhouses.
B. Art galleries and museums.
C. Churches.
D. Communications transmission buildings and structures; e.g.,
radio tower.
E. Day -care centers, mini day -care centers, and pre- schools.
F. Duplexes.
G. Group homes and hospices.
H. Home occupations.
I. Libraries.
J. Nursing and convalescent homes.
K. Public parks and recreation facilities.
L. Public utility structures.
M. Public and private schools.
N. Radio and television stations, provided that antenna is on
site.
O. Other uses compatible with the intent of this Chapter.
Section 3. Section 17.11.040 of the Zoning Code,
Ordinance 1709, as amended, is hereby amended to read as follows:
17.11.040 CONDITIONAL USES
A. Agricultural nurseries and greenhouses.
B. Art galleries and museums.
C. Churches.
D. Communications transmission buildings and structures; e.g.,
radio tower.
E. Day -care centers, mini day -care centers, and pre - schools.
F. Duplexes.
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G. Group homes and hospices.
H. Home occupations.
I. Libraries.
J. Nursing and convalescent homes.
K. Public parks and recreation facilities.
L. Public utility structures.
M. Public and private schools.
N. Radio and television stations, provided that antenna is on
site.
O. Other uses compatible with the intent of this Chapter.
Section 4. Section 17.18.010 of the Zoning Code,
Ordinance 1709, as amended, is hereby amended to read as follows:
17.18.010 PURPOSE. The purpose of the bed and breakfast
conditional use is to ensure the bed and breakfast that transicnt
fling unit locatcd in a rcsidcntial
district is compatible with its surrounding properties, and when
located in a residential neighborhood, to preserve the
residential character of the neighborhood and the surrounding
residences.
ZZ
Section 5. Section 17.20.160 of the Zoning Code,
Ordinance 1709, as amended, is hereby amended to read as follows:
17.20.160 CONDITIONAL USES.
A. Uses requiring review and approval by the Planning
Commission and City Council and compliance with Ordinance
No. 1709, as amended:
Churches
Buildings or development necessary for the operation of
a public utility
Business colleges; music, art, and dance schools
Child nurseries, day care centers
Rest, retirement and convalescent homes
Detoxification centers
Beauty shops and barber shops
Businesses selling medical supplies, goods,
instruments, medicine and similar items.
Other uses compatible with the intent of this Chapter.
Section 6. Sections 17.26.040 and 17.26.160 of the
Zoning Code, Ordinance 1709, as amended, are hereby amended to
read as follows:
17.26.040 PERMITTED USES:
A. RETAIL:
1. Auto supply stores, service stations, self - service gas
islands, and tire shops.
2. New and used dealerships of automobiles, trucks,
trailers, motorcycles, recreational vehicles, tractors,
including sales, leasing, and related servicing.
3. Boat and marine sales, and related servicing.
4. Building material stores, cabinet shops, glass stores,
hardware stores, lumber yards, paint stores, and
plumbing supply stores.
5. Commercial recreation establishments, such as bowling
alleys, night clubs, pool halls, theaters (movie and
others).
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6. Farm equipment stores, garden supply stores, nurseries.
7. Food and beverage establishments, such as cocktail
lounges, cafes, cafeterias, drive -in restaurants,
restaurants, take -out lunch stands, and taverns;
provided that drive -in restaurants, restaurants with
cocktail lounges and taverns, all of which have direct
customer access to an alley abutting residentially
zoned property, shall be conditional uses.
8. Food item retail sales outlets, such as bakeries, candy
stores, delicatessens, grocery stores, liquor stores,
meat and fish markets, and supermarkets.
9. General merchandise stores, such as catalogue sales
stores, clothing and shoe stores, department stores,
drug stores, second -hand stores, antique stores, pawn
shops, sporting goods stores, and variety stores.
10. Household furnishings stores, such as appliance stores,
furniture stores, office equipment stores, and stereo
stores.
11. Motels, hotels and hostels.
12. Specialty stores, such as bicycle, book, computer,
florist, gift, hobby and toy, and pet stores.
13. Chain saw sales and service.
B. SERVICES
1. Art, dance, voice, and music schools.
2. Business colleges and trade schools.
3. Business services, such as accounting, tax, employment,
and management consulting services.
4. Financial services, such as bail bond stores, banks,
finance offices, insurance companies, real estate
offices, stock brokerages, and title companies.
5. Furnishings repair shops, such as upholstering and
reupholstering shops.
6. Governmental offices and social service agencies.
7. Commercial laundries, dry cleaning shops, self - service
laundries, and tailor shops.
8. Personal services, such as barber shops, beauty shops,
exercise and reducing studios, and travel agencies.
9. Professional services, such as architectural, dental,
engineering, legal, medical, medical and dental labs,
and planning services.
10. Repair services, such as appliance repair, shoe repair,
and TV and stereo repair services.
11. Printing, blueprinting, photo developing and
reproduction, and sign shops.
C. INSTITUTIONAL
1. Clubs and lodges.
D. RESIDENTIAL
1. Apartments on second floor or above.
E. TRANSPORTATION AND COMMUNICATION
1. Convention centers, auditoriums.
2. Ferry, seaplane, airplane, helicopter, offices and
terminals.
3. Mass transit terminals.
4. Parcel delivery service.
5. Radio, TV stations, and news buildings.
6. Vehicular services, such as ambulance service,
automotive and truck rentals, and vehicle maintenance
and repair shops, not including body and paint shops.
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F. WHOLESALE
1. Storage services, such as frozen food and cold storage
lockers, mini - warehouses, transfer, moving and storage
facilities.
2. Warehouse buildings and yards.
3. Wholesale businesses.
G. MIXED COMMERCIAL /RESIDENTIAL
1. Developments consisting of both commercial and
residential uses and located on arterial streets, with
a minimum of 500 square feet and 50% street frontage
dedicated to commercial use.
17.26.160 CONDITIONAL USES.
A. Buildings or development necessary for the operation of a
public utility.
B. Churches.
C. Day care centers and pre - schools.
D. Drive -in restaurants, restaurants with cocktail lounges and
taverns, all of which have direct customer access to an
alley abutting residentially zoned property.
E. Independent off - street parking structures and lots.
F. Licensed wrecking yards.
G. Massage parlors, saunas and steam baths, as primary use.
H. Parks and public piers.
I. Recreational vehicle courts and parks.
J. Retail stands, subject to Ordinance No. 2070 (Chapter
17.87).
K. Salvage stores and yards, recycling stores.
L. Shopping malls, exceeding 63,000 square feet in land area.
M. Social service agencies providing 24 -hour residential care.
N. Vehicle body and paint shops.
O. Veterinary clinics, offices and kennels, provided:
1. buildings and structures are soundproof.
2. all run areas are surrounded by an 8 -foot solid wall or
fence.
3. animal runs are to be constructed in such a manner that
no animal can see another.
4. that an incinerator of a type approved by the local
health department is installed.
P. Other uses compatible with the intent of this Chapter.
Section 7. Section 17.28.160 of the Zoning Code,
Ordinance 1709, as amended, is hereby amended to read as follows:
17.28.160 CONDITIONAL USES:
A. Marine fueling stations.
B. Supermarkets.
C. Boat sales, marine items, and related servicing.
D. Glass stores.
E. Retail food stands, subject to Chapter 17.87 of the Zoning
Ordinance.
F. Day care centers.
G. Social service agencies providing 24 -hour residential care.
H. Buildings necessary for the operation of a public utility.
I. Churches.
J. Parks and Public Piers.
K. Rest, retirement, nursing, and convalescent centers.
L. Independent off - street parking lots and structure.
M. Shopping malls over 63,000 square feet.
N. Self - service gas islands.
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0. Other uses compatible with the intent of this Chapter.
Section 8. Section 17.32.020 of the Zoning Code,
Ordinance 1709, as amended, is hereby amended to read as follows:
17.32.020 PERMITTED USES.
A. Manufacturing:
1. Clothing, shoes, and garments.
2. Electrical, electronic, and communications equipment.
3. Handicrafts, jewelry, musical instruments, and toys.
4. Assembly of machinery, such as but not limited to
engines, vehicles, boats, aircraft, and parts thereof.
5. Medical, dental, optical, and orthopedic instruments
and appliances.
6. Assembly of metal products, such as small arms, pens,
office furniture, tools, and household appliances.
7. Plastic and other synthetic products.
8. Pharmaceutical and drug products
9. Wood products, such as cabinets, furniture, fixtures,
and pre- fabricated building components.
10. Assembly of mobile and modular homes and home
components.
B. Retail:
1. Auto and truck service stations.
2. Retail establishments accessory to building materials,
electrical, and plumbing supplies.
3. Restaurants and cafes.
4. Cocktail lounges and taverns.
5. Chain saw sales and service.
C. Wholesale Distribution:
1. Warehouse buildings and yards.
2. Wholesale businesses.
D. Services:
1. Building maintenance and janitorial services.
2. Laundry and dry cleaners.
3. Machinery maintenance and repair shops.
4. Mini - warehouses.
5. Professional services, such as architectural,
construction and engineering offices.
6. Research and development laboratories.
7. Storage yards and maintenance shops for builders,
contractors, and governmental agencies.
E. Transportation and Communication:
1. Airports, airport terminals, and related facilities.
2. Freight companies.
3. Household moving and storage.
4. Independent off - street parking structures and lots.
5. Mass transit terminals.
6. Parcel delivery service.
7. Printing, publishing, and book - binding.
8. Vehicular services, such as automotive and truck
rentals, vehicle maintenance and repair shops, and
vehicle body and paint shops.
9. Utility buildings and structures.
Section 9. Article IV, Section 3, of the Zoning Code,
Ordinance 1709, as amended, is hereby amended to read as follows:
Section 3 RMF - RESIDENTIAL MULTI- FAMILY DISTRICT
Permitted Uses
Single - family residences, non - commercial gardens,
greenhouses, orchards, private garages, carports, swimming
pools, and cabanas. Multi- family dwellings, apartments,
duplexes, dormitories, mortuaries, funeral parlors.
Conditional Uses
Duplexes, public parks, churches, golf courses, public and
private schools, libraries, utility buildings and
structures, hospitals, and rest homes. Boarding and rooming
houses, business parking, motels, and publicly subsidized
senior housing developments at a maximum of 58 units per
acre. Other uses compatible with the intent of this
section.
Minimum Lot Area
7,000 sq.ft. plus 1,000 sq.ft. for each additional dwelling
unit.
Minimum Yard Requirements
Front: 25 feet from front lot line.
Sides: No structure shall be permitted closer than 7
feet to any side lot line on the front two thirds
of the lot. Detached accessory buildings only,
on the rear one third of the lot may be permitted
to within 3 feet of the side line. On corner
lots, the side yard abutting a street shall have
a setback of 13 feet unless more is required by
Ordinance No. 1635.
Rear: No residential structure shall be permitted
within 25 feet of the rear property line.
Detached accessory buildings are permitted not
closer than 10 feet to the rear property line or
alley.
Maximum Lot Coverage
30% total site area (not to apply to unenclosed swimming
pools.)
Maximum Height - 35 feet.
Offstreet Parking - (See Article V and Ordinance No. 1588.) For
publicly subsidized senior housing developments: 2 and 3 bedroom
units at 1 -1/2 parking spaces per unit; 0 to 1 bedroom units, 1
parking space per unit; and with van service, 1/2 parking space
per unit.
Signs Permitted
Permitted Uses:
Conditional Uses:
Signs not larger than
10 sq.ft., lighted, but
not flashing or
intermittent. One per
building.
Size and type as
determined by Planning
Commission.
Section 10. Article IV Section 7 of the Zoning Code,
Ordinance 1709, as amended, is hereby amended to read as follows:
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SECTION 7 CSD -C - COMMUNITY SHOPPING DISTRICTS
CSD -C1 - Permitted Uses
Bakery shops
Barber shops, beauty shops
Delicatessens, grocery
stores, supermarkets
Drugs stores, pharmacies
Frozen food or cold storage
lockers
Hardware stores
Repair services, such as
appliance repair, shoe
repair, and TV and stereo
repair services
Professional Offices
Restaurants, cafeterias
Self - service laundries
Apartments
Specialty shops: gift,
florist, hobby, antique
Banks, financial
institutions
Medical, dental offices
and clinics
Conditional Uses
Gasoline service islands accessory to convenience or grocery
stores
Bed and breakfast establishments
Churches
Off - street parking lots
Utility buildings and structures
Social clubs and fraternal organizations
Day care centers
Self- service car washes
Other uses compatible with the intent of this Section
*Residential uses
*That portion of the CSD -C1 zone along "C" Street from
9th Street to Lauridsen Boulevard may be granted Conditional
Use Permits for residential occupancies at the discretion of
the Planning Commission.
CSD -C2 - Permitted uses
Same as CSD -Cl plus taverns and cocktail lounges, service
stations, creameries.
CSD C1 and C2
Conditional Uses
Same as CSD -N
Churches
Off - street parking lots
Utility buildings and structures
Social clubs and fraternal organizations,
Self- service car washes
Day care centers
Other uses compatible with the intent of this
and
indcpcndcnt,
Section
Planning Commission.
Minimum Lot Area 7,000 square feet.
Minimum Lot Width 50 feet.
Minimum Yard Requirements
No structure shall be built within 15 feet of an alley or
any property that has a residential zoning classification.
Setbacks shall conform to the requirements of Ordinance No.
1635 for arterial streets.
Maximum Lot Coverage - 50% of the total site area.
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Maximum Height - 30 feet.
Offstreet Parking - (See Article V and Ordinance No. 1588.)
Signs Permitted
Signs, lighted but not intermittent or flashing type, not
exceeding 100 square feet total area. All signs over 10
square feet in area shall be restricted to territory no
closer than 100 feet to all property in a Residential
District. Maximum height 30 feet. No billboards shall be
permitted within a Community Shopping District. Mom
height 30 fcct.
Section 11. Article IV, Section 12, of the Zoning
Code, Ordinance 1709, as amended, is hereby amended to read as
follows:
SECTION 12 M -2 - INDUSTRIAL DISTRICT
Permitted Uses
Automobile body, fender, laundry,
paint shops and wrecking yards
Bakeries, wholesale
Battery rebuild, tire repair &
recapping
Boiler works
Book, newspaper & magazine
printing & publishing
Bottling plants, creameries
Cabinet and carpenter shops
City pound
Distillation of wood, coal or
bones or manufacture of any
of their by- products
Draying, freight & trucking
yards, terminals
Dry cleaning: clothes, carpets,
rugs, laundries
Fuel yards
Gas (illuminating or heating)
manufacture or storage
Power, light or steam
plant
Railroad yard or
roundhouse
Sawmill
Ship building, storage,
repair, boat havens,
marinas
Skating rink, dance hall,
boxing arena, penny
arcade, shooting
gallery or similar
amusement enterprise
Storage yards; building
materials, tractors,
trucks, boats,
equipment
Transportation or freight
terminal
Truck, trailer, motor-
cycle, repairing,
overhauling, rental,
sales
Veterinary or pet shop
hospital, kennel and
hatchery
Warehousing, distributing
plants
Wood products manufacture
Utility buildings and
structures
Restaurants, cafeterias
Manufacture, processing, packing, storage of:
alcohol kelp reduction
asbestos lumber
asphalt machinery
brick, tile or terra -cotta perfumes
brooms, brushes paint, lampblack,
chemicals varnish, oil
ceramics turpentine
celluloid or similar paper and pulp
cellulose materials plastics
cloth, cord or rope prefabricated
concrete buildings
drugs, pharmaceuticals signs, all types
electrical products and salt works
appliances soap & soap
food and food products products,
toiletries
tar roofing or
waterproofing
vegetable oil or
other oil
Any manufacturing, processing, commercial or industrial use
not heretofore listed which may be classified M -2 because of
possible obnoxious odors, noises, smoke, or unsightliness.
An oil port is expressly prohibited in this District. An
oil port is defined as facilities which will result in the
receipt of more than an average of 50,000 barrels per day of
crude or refined petroleum which has been or will be
transferred over marine waters.
Petroleum refineries, liquefied natural gas and liquefied
petroleum gas facilities, energy facilities, energy plants
and their associated facilities and associated transmission
facilities as defined in Chapter 80.50 RCW are expressly
prohibited in this District.
Residential uses are prohibited in this District.
Conditional Uses
Other uses compataible with the intent of this Section.
Minimum Yard Requirements
No buildings shall be constructed closer than 30 feet to any
public right -of -way line, nor closer than 15 feet to any
property line.
Offstreet Parking - (See Article V and Ordinance No. 1588.)
Signs Permitted
Signs and billboards as permitted by City of Port Angeles
sign codes.
Intermittent or flashing types are prohibited.
Maximum height: 35 feet, 400 sq. ft. in area.
Section 12. Article IV, Section 13, of the Zoning
Code, Ordinance 1709, as amended, is hereby amended to read as
follows:
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SECTION 13 PBP - PUBLIC BUILDINGS - PARK DISTRICT
Permitted Uses
Bleachers, grandstands (subject
to review by Planning
Commission)
Bridle trails
Cemeteries and Crematoriums
City Hall
Civic buildings & governmental
offices
Common open space
Courthouse
Fire station
Hospitals
Library
Marinas, boat storage
Municipal pool
Museum
Parks, greenbelts
Offstreet parking areas
Picnic areas and
facilities
Playfields
Playgrounds
Recreation structures and
facilities
Reservoir, utilities
(underground and
overhead)
Schools
Streets, paths, and roads
as required
Conditional Uses: Other uses compatible with the intent of this
Section.
Minimum Yard Requirements
No buildings constructed subsequent to adoption of these
regulations shall be constructed closer than 35 feet to a
public right -of -way line.
Lighting Facilities
Overhead lights, floodlights, etc., shall be constructed so
as to shine away from neighboring property as far as is
practical.
Signs
One sign per structure shall be permitted; provided that
such sign is a maximum height of 10 feet, no larger than 20
square feet, and unlighted; provided further that a sign for
a utility or hospital structure may be lighted, and that
intermittent or flashing lighted signs are prohibited.
Section 13. Article VIII of the Zoning Code, Ordinance
1709, as amended is hereby amended to read as follows:
SIGNS, BILLBOARDS
Definitions
An ADVERTISING SIGN is a sign which directs attention to a
business, commodity, service or entertainment conducted,
sold or offered elsewhere than upon the premises where such
sign is located, or to which it is affixed.
A BUSINESS SIGN is a sign which directs attention to a
business or profession conducted or to a commodity, service
or entertainment sold or offered upon the premises on which
such sign is located or to which it is affixed.
A FLASHING SIGN is any sign which is illuminated by
artificial light which is not maintained stationary or
constant in intensity and color at all times when such sign
is in use. For the purpose of this Zoning Ordinance any
revolving illuminated sign shall also be considered a
flashing sign.
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A BILLBOARD is an outdoor advertising display, structure or
sign, over 250 square feet in area, attached or detached,
lighted or unlighted.
An ATTACHED SIGN is any sign or billboard, lighted or
unlighted, directly attached to, supported by, and no more
than 2 feet distance from a building.
A DETACHED SIGN is any sign or billboard, lighted or
unlighted, which is separated from and not a part of a
building. A sign or billboard on the top of and more than
two feet in distance from a building shall be considered a
detached sign. A detached sign shall not be constructed
closer than 20 feet to any property line in any detached
sign zoning district.
An OFFICIAL TRAFFIC, DIRECTIONAL, OR WARNING SIGN is a sign
that is erected by a public authority to protect the health,
safety and welfare of the public.
A TEMPORARY SIGN is a sign constructed of cloth, canvas,
cardboard, wallboard, or other light material, intended to
be displayed for a limited period of time, not to exceed
thirty (30) days within a single calendar year, tonically
advertising a one -time event, unless otherwise specified in
this Ordinance.
For the purpose of interpretation and enforcement of these
Zoning Regulations, billboards shall be considered a
commercial structure and shall be permitted in, and shall be
limited to only commercial, industrial, or manufacturing
zoning districts.
Billboards shall be prohibited in all other zoning
districts.
Section 14. Article IX, Section 12 of the Zoning Code,
Ordinance 1709, as amended is hereby amended to read as follows:
Section 12 - ENFORCEMENT
It shall be the duty of the Building In3pcctor Planning
Director to enforce all provisions of this Ordinance. No
oversight or dereliction on the part of the Building
Inspector Planning Director or any official or employee of
the City of Port Angeles vested with the duty or authority
to issue permits or licenses shall legalize, authorize,
waive or excuse the violation of any of the provisions of
this Ordinance.
No permit or license for any use, building, or purpose shall
be issued by any official or employee of the City of Port
Angeles if the same would be in conflict with the provisions
of this Ordinance or any other Ordinance now in force
referring to this Ordinance. Any permit or license so
issued shall be null and void.
In the event any person, firm, or corporation should use,
erect, construct, move, or alter, or attempt to use, erect,
construct, move, or alter any property, building, or
structure in violation of the provisions of this Ordinance,
the same is hereby declared a public nuisance and it shall
be the duty of the City Attorney to bring and to prosecute
an action in any court of competent jurisdiction to enjoin
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such person, firm, or corporation from continuing such use,
erection, construction, moving, or altering. If such use,
erection, construction, moving, or alteration is being or
has been accomplished, the City Attorney shall enjoin such
person, firm, or corporation from maintaining same.
Section 15. Article IX, Section 13 of the Zoning Code,
Ordinance 1709, as amended, is hereby amended to read as follows:
Section 13 - PERMITTED INTRUSIONS INTO REQUIRED YARDS. The
following intrusions may project into any required yards:
1. Fireplace structures not wider than eight (8) feet
measured in the general direction of the wall of which
it is a part: thirty (30) inches.
2. Unenclosed, uncovered porches, terraces, or landings,
when not extending above the first floor of the
building, may extend not more than six (6) feet in the
front, eight (8) feet in the rear and three (3) feet in
the side into any required yard, provided however, an
open railing or grillwork in conformance with the
Uniform Building Code may be constructed around any
such porch, terrace or landing.
3. Planting boxes or masonry planters not exceeding thirty
(30) inches in height may extend a maximum of three (3)
feet into any required front yard.
4. Eaves with a maximum overhang of thirty (30) inches.
5. Detached accessory buildings on rear one third of lot
only are permitted not closer than three feet to side
nor ten feet to rear property lines or alleys.
6. Porches, decks, platforms, walks, driveways, etc., not
more than 30 inches above grade.
Section 16. Article X, Sections 2 and 3 of the Zoning
Code, Ordinance 1709, as amended, are hereby amended to read as
follows:
Section 2 - NONCONFORMING USES
Existing Land Use - Continuance of Nonconforming Use
Any legal use of the land, existing or established at the
time of the adoption of these regulations, shall be
permitted to continue but shall not be expanded.
Enlargement, Alteration, Reconstruction
A legal, conforming building or structure housing a
nonconforming use shall be permitted to be repaired,
altered, remodeled, or reconstructed providing said repairs,
alteration, or reconstruction meet all zoning and building
code requirements.
Abandonment
If any nonconforming use of land and /or building or
structure is abandoned and /or ceases for any reason
whatsoever for a period of one (1) year or more, any future
use of such land and /or building or structure shall be in
conformity to the zone in which it is located as specified
by these Regulations.
Change in Use
A nonconforming use shall not hereafter be changed to any
other nonconforming use, regardless of the conforming or
nonconforming status of the building in which it is housed.
Nonconformance as a Result of Annexation
All above regulations shall apply to each nonconforming use
which comes within the City by means of annexation, from
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date of annexation.
Section 3 - NONCONFORMING BUILDING OR STRUCTURE
Enlargement, Alteration, Remodeling
An existing legal building or structure that does not comply
with zoning and building code requirements shall not be
enlarged, altered, or extended, if such enlargement,
alteration, or extension results in an increase in the
degree of non - compliance. Structural repairs needed to
maintain the building in a safe structural condition may be
permitted.
Reconstruction
When a legal building or structure that does not comply with
the provisions of these regulations is damaged to an extent
that does not exceed 75% of the existing assessed value of
the building or structure for tax purposes, said building or
structure may be restored, providing:
1. Reconstruction is started within nine (9) months and is
completed within 18 months of date of damage.
2. After such repair has been completed, the building can
be repaired or altered only if its use and the damaged
portions conform to the regulations of the district in
which the building or structure is located.
When a legal building or structure that does not comply with
the provisions of these regulations is damaged to an extent
that exceeds 75% of the existing assessed value of the
building or structure for tax purposes, said building or
structure may be repaired or reconstructed providing it
conforms to all the building code and zoning regulations of
the zoning district in which it is situated, and further
providing:
1. Reconstruction is started within nine (9) months and is
completed within 18 months of date of damage.
2. After such repair has been completed, the building can
be repaired or altered only if its use and the damaged
portions conform to the regulations of the district in
which the building or structure is located.
The extent of damage to a nonconforming building or
structure shall be determined by the findings of three
appraisers, one to be chosen by the City, one by the
building owner, and the third by the first two appraisers.
All costs incurred in obtaining the estimates are to be paid
by the building owner.
Final decisions in regard to the extent and cost of damage
are to be made by the Building Inspection Department.
Nonconformance as a Result of Annexation
All above regulations shall apply to each nonconforming
structure or building which comes within the City by means
of annexation.
Section 17. A new Section 12 is hereby added to
Article X of the Zoning Code, Ordinance 1709, as amended, to read
as follows:
Section 12 - TEMPORARY SIGNS
Activities located in commercial districts may install
temporary signs to advertise a grand opening or social non-
profit organizational event. The temporary sign(s) shall
not exceed twenty -five (25) square feet in sign area and
shall maintain the required minimum setbacks and height
limitations of the underlying zoning district. Temporary
sign(s) shall be removed no later than thirty (30) days from
placement and social non - profit organizations shall remove
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sign(s) placed no later than sixty (60) days following
placement, or be subject to Zoning Code enforcement action.
Section 18. Article XI Sections 7 and 14 of the Zoning
Code, Ordinance 1709, as amended, is 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 Conditional
Use Permit, the Planning Commission shall give public
notice, as provided in the 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's decision shall be final
unless appealed to the City Council.
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
Regulations 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
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.
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2. There have been no significant, adverse changes in
circumstances.
Upon written request for an extension submitted to the
Planning Department prior to the expiration of the
conditional use permit, said conditional use permit shall be
automatically extended for ninety days to allow the City
adequate time to review the extension request.
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 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 and that the
applicant shall assume full responsibility for
return or replacement, in the case of damage.
Consideration will be given in the case of
vandalism beyond the applicant's control.
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 19. There are hereby added Sections 16 and 17
to Article XI of the Zoning Code, Ordinance 1709, as amended, to
read as follows:
Section 16
The City's Code Revisor is authorized and directed to make
minor organizational changes to the Zoning Code necessary
for codification, and to prepare for City Council adoption
a codification of the entire City Zoning Code, including all
Zoning Code Amendments that have been approved by the City
Council.
Section 17
Zoning Code Amendment - Application
Any person wishing to apply for an amendment to this Zoning
Ordinance shall submit a completed application and a $150
filing fee to the Planning Department, together with any
necessary application and fees necessary to comply with the
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requirements of the State Environmental Policy Act (SEPA)
Chapter 43.21C RCW.
Section 20 - Effective Date. This Ordinance shall take
effect five (5) days after date of publication.
PASSED by the City Council of the City of Port Angeles
at a regular meeting of said Council held on the 7th day of
May , 1991.
ATTEST:
32
Becky J.
ton, City /Clerk
PUBLISHED: May 10, 1991
(By Summary)
PLAN.443
Summary of Ordinance Adopted by the
Port Angeles City Council
on May 7, 1991
Ordinance No. 2636
This Ordinance of the City of Port Angeles amends the
Zoning Code, Ordinance No. 1709, as amended, by defining
the purpose of certain conditional use chapters, adding
chain saw sales and service as a permitted use in the ACD
and LI Zones, adding various types of conditional uses in
the CSD -C Zone, allowing discretion to the types of
conditional uses that may be permitted in residential,
commercial and PBP Zones, regulating temporary- signs,
modifying enforcement and procedural provisions, and
amending Chapters 17.10, 17.11, 17.18, 17.20, 17.26,
17.28, and 17.32, and Articles I, IV, VIII, IX, X, and
XI.
The full text of the Ordinance is available at City Hall in the
City Clerk's office or will be mailed upon request. Office hours
are Monday through Friday from 8:00 a.m. to 5:00 p.m.
This Ordinance will take effect five days after publication of this
summary.
Publish: May 10, 1991
Becky J. Upton
City Clerk