HomeMy WebLinkAbout3111ORDINANCE NO. 3111
AN ORDINANCE of the City of Port Angeles, Washington, making minor
administrative changes to the City's land use regulations, and
amending Ordinances 1709, 1796, 2312, 2797, as amended, and
Chapters 2.52, 15.04, 17.01, and 17.22 of the Port Angeles Municipal
Code.
THE CITY COUNCIL OF THE CITY OF PORT ANGELES DOES HEREBY
ORDAIN as follows:
Section 1. Ordinance 1796 as amended and Chapter 2.52 of the Port Angeles Municipal
Code are hereby amended by amending PAMC 2.52.080 to read as follows:
2.52.080 Variance - Application.
A. All application for variances permitted by this Chapter shall be submitted in
writing to the office of the Planning Department Department of Community Development office.
Each such application shall contain the name and mailing address of the applicant or
applicants, the legal description of the property for which the variance is requested, the nature of
the variance requested and a concise statement as to the reasons why such property is needed for
and suited to such variance. The application shall be accompanied by a plot plan, drawn to scale,
showing the dimensions of any and all existing structures and all structures to be erected on the
property involved and the yard areas thereof. The Board or Community
Development personnel may, at any time, require the applicant to furnish such additional written
information as may be necessary to enable the Board to determine whether such application should
or should not be granted. With each application, filed for a special property use, there shall be
paid by the applicant, at the time of filing the application with the
Dcpartmcnt, Department of Community Development a fee in an amount to be set by the City
Council by Resolution from time to time, to defray the City's costs and expenses in processing
such application, including the publication and mailing of the notices hereinafter required. All fees
so collected by the office of the Department of Community Development
shall be surrendered at least once each month to the office of the City Treasurer who shall deposit
the same in the City's General Fund.
B. The Planning Department of Community Development shall fix a time, date
and place fora public hearing on such application, which date shall not be less than ten fifteen
15) days after notice given in the following manner, cxccpt,
P
thc official ncwspaper shall not be publishcd morc than thrcc days prior to thc date of said
hcaring:
1. By United States mail addressed to the applicant and to the owners of
all adjoining or abutting property. (Property separated from the proposed use by a street, highway
or other public road or alley shall be construed to be adjoining or abutting for the purpose of
giving notice; and notices addressed to the last known address of the person making the latest
property tax payment shall be deemed proper notice to the owner of such property.);
2. By printed or written notices posted in a conspicuous
place at or near the location of the proposed use;
3. By publishing two notices thereof in the official newspaper of the City;
such noticcs to be publishcd at lcast thrcc days apart. Such notices shall contain the name of the
applicant or applicants, the legal description of the property involved, the special property use
requested, the date, time and place of the public hearing thereon and shall specify that any person
interested may appear at such public hearing and be heard either for or against such application.
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C. At such public hearing, the Board shall proceed to hear all persons present who
desire to be heard either for or against such application and shall render its decision upon such
application at the conclusion of such hearing or as soon thereafter as reasonably possible. Any
building permit thereafter issued for such property shall be in accordance with and subject to all
terms and conditions contained in the decision of the Board.
D. The Board shall maintain in the office of the Pinning Department Department
of Community Development full and complete written records of all proceedings, factual findings
and conclusions reached on any and all such applications. (Ord. 2525 §1, 3/15/89; Ord. 1887 §4,
7/15/76; Ord. 1976 §8, 7/26/73.)
Section 2. Ordinance 2312 as amended and Chapter 15.04 of the Port Angeles
Municipal Code are amended by amending PAMC 15.04.030 to read as follows:
15.04.030 General Requirements. This part contains the basic requirements that apply
to the SEPA process. The City adopts the following sections of Chapter 197 -11 of the Washington
Administrative Code by reference:
WAC 197 -11 -040 Definitions
- 050 Lead agency
- 055 Timing of the SEPA process
- 060 Content of environmental review
- 070 Limitations on actions during SEPA process
- 080 Incomplete or unavailable information
- 090 Supporting documents
- 100 Information required of applicants.
- 158 Reliance on existing plans, laws, and regulations.
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-164 Planned actions - Definitions and criteria.
- 168 Ordinances or resolutions designating planned actions - Procedures for
adoption
- 172 Planned actions - Project review.
- 908 Critical Areas
(Ord. 2977 §3 (part), 12/26/97; Ord. 2312 §1, 10/1/84.)
Section 3. Ordinance 1709 as amended and Chapter 17.01 of the Port Angeles Municipal
Code are hereby amended by amending PAMC 17.01.010 to read as follows:
17.01.010 Purpose. This comprehensive Ordinance is adopted for the following purposes:
A. To implement the requirements of the State Growth Management Act of 1990
through the goals, policies, and objectives of the Port Angeles Comprehensive Plan by dividing the
City into zones restricting and regulating therein the location, construction, reconstruction,
alteration, and use of buildings, structures and land for residential, business, commercial,
manufacturing, public, and other specified uses. (Ord. 2861 §1 (part), 3/17/95; Ord. 2668 §1 (part),
1/17/92; Ord. 1709 §1 (part), 12/22/70.)
B. To protect the character and maintain the stability of residential, commercial,
manufacturing, and public areas within the City, and to promote the orderly and appropriate
development of such areas. (Ord. 2861 §1 (part), 3/17/95; Ord. 2668 §1 (part), 1/17/92; Ord. 1709
§1 (part), 12/22/70)
C. To regulate the intensity of use of lots and parcels of land, and to determine the
spaces surrounding buildings necessary to provide adequate light, air, privacy, and access to
property. (Ord. 2861 §1 (part), 3/17/95; Ord. 2668 §1 (part), 1/17/92; Ord. 1709 §1 (part), 12/22/70)
D. To sustain natural landscapes, corridors, and habitats for fish and wildlife and to
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provide relief from the urban landscape within the community through the designation of open space
areas. (Ord. 2861 §1 (part), 3/17/95)
E. 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, the loading
and unloading of commercial vehicles, public transit access, and pedestrian safety. (Ord. 2861 §1
(part), 3/17/95; Ord. 2668 §1 (part), 1/17/92; Ord. 1709 §1 (part), 12/22/70)
F. To establish building lines and the location of buildings designed for residential,
commercial, manufacturing, public, or other uses within such lines. (Ord. 2861 §1 (part), 3/17/95;
Ord. 2668 §1 (part), 1/17/92; Ord. 1709 §1 (part), 12/22/70)
G. To prevent the overcrowding of land and undue concentration of structures and to
preserve existing unusual, unique, and interesting features of the natural landscape so far as is
possible and appropriate in each zone by regulating the use and the bulk of buildings in relation to
the land surrounding them. (Ord. 2861 §1 (part), 3/17/95; Ord. 2668 §1 (part), 1/17/92; Ord. 1709
§1 (part), 12/22/70)
H. To provide protection from fire, explosion, noxious fumes, and other hazards and to
maintain the quality of life in the interest of public health, safety, comfort, and general welfare by
establishing minimum level of service standards throughout the City. (Ord. 2861 §1 (part), 3/17/95;
Ord. 2668 §1 (part), 1/17/92; Ord. 1709 §1 (part), 12/22/70)
I. 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. (Ord. 2861
§1 (part), 3/17/95; Ord. 2668 §1 (part), 1/17/92; Ord. 1709 §1 (part), 12/22/70)
J. To prohibit uses, buildings, or structures which are incompatible with the character
of the permitted uses within specified zones. (Ord. 2861 §1 (part), 3/17/95; Ord. 2668 §1 (part),
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1/17/92; Ord. 1709 §1 (part), 12/22/70)
K. To conserve the taxable value of land and buildings throughout the City. (Ord. 2861
§1 (part), 3/17/95; Ord. 2668 §1 (part), 1/17/92; Ord. 1709 §1 (part), 12/22/70)
L. To encourage the preservation of historic or culturally significant sites and structures
throughout the City. (Ord. 2861 §1 (part), 3/17/95)
M. To define and to limit the powers and duties of the administrative officers and bodies
as provided herein and to protect the private property rights of landowners from arbitrary,
capricious, and discriminatory actions. (Ord. 2861 §1 (part), 3/17/95; Ord. 2668 §1 (part), 1/17/92;
Ord. 1709 §1 (part), 12/22/70)
N. To improve the variety, quality, availability, and affordability of the housing
opportunities in the City. (Ord. 2861 §1 (part), 3/17/95)
O. Zoning Intentions:
1. RS -7 Zone - This is a low density residential zone intended 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 environment may also be located in this zone. (Ord. 2861 §1 (part),
3/17/95; Ord. 2668 §1 (part), 1/17/92; Ord. 2385 §1 (part), 5/18/86; Ord. 1709 §1 (part), 12/22/70)
2. RS -9 Zone - This is a low density residential zone intended to create and
preserve urban single family residential neighborhoods 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 zone. (Ord. 2861 §1 (part),
3/17/95; Ord. 2668 §1 (part), 1/17/92; Ord. 2385 §1 (part), 5/18/86; Ord. 1709 §1 (part), 12/22/70)
3. RTP Zone - This is a medium density residential zone intended for mobile home
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occupancies, and the area is regarded as essentially residential in character. (Ord. 2861 §1 (part),
3/17/95; Ord. 2715 §1, 10/16/92; Ord. 2668 §1 (part), 1/17/92; Ord. 1709 §1 (part), 12/22/70))
4. RMD Zone - This is a medium density residential zone, which allows a mix of
single family, duplexes and apartments at a density greater than single family neighborhoods but less
than the RHD Zone. The permitted uses in the RMD Zone are also intended to be more restrictive
than the RHD Zone. Commercial uses are not considered to be compatible. (Ord. 2861 §1 (part),
3/17/95; Ord. 2715 §1, 10/16/92)
5. RHD Zone - This is a high density residential zone for multi- family structures.
Compatible uses may be allowed on Conditional Use Permits, but the zone is still regarded as a
residential area, where commercial enterprises are not generally felt to be compatible. (Ord. 2861
§1 (part), 3/17/95; Ord. 2715 §1, 10/16/92; Ord. 2668 §1 (part), 1/17/92; Ord. 1709 §1 (part),
12/22/70)
6. PRD Overlay Zone - This overlay zone is to provide alternative zoning
regulations which permit and encourage design flexibility, conservation and protection of natural
critical areas, and innovation in residential developments to those regulations found in the
underlying zone. It is intended that a Planned Residential Development will result in a residential
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. It is also intended that a Planned Residential Development may combine a
number of land use decisions such as conditional use permits, rezones, and subdivisions into a single
project review process to encourage timely public hearings and decisions and to provide for more
open space and transitional housing densities than is required or may be permitted between single
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family and multi- family zones. The consolidation of permit reviews does not exempt applicant(s)
from meeting the regulations and submitting the fees and applications normally required for the
underlying permit processes. (Ord. 2861 §1 (part), 3/17/95; Ord. 2715 §1, 10/16/92; Ord. 2657 §1
(part), 12/13/91; Ord. 2038 §1 (part), 7/29/79)
7. CO Zone - This is a commercial zone intended for those business, office,
administrative, or professional uses which do not involve the retail 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.
(Ord. 2861 §1 (part), 3/17/95; Ord. 2715 §1, 10/16/92; Ord. 2668 §1 (part), 1/17/92; Ord. 2109 §2,
12/7/80)
8. CN Zone - This is a commercial zone intended to create and preserve areas for
businesses which are of the type providing the goods and services for the day -to -day needs of the
surrounding residential neighborhoods. Businesses in this zone shall occur on sites no larger than
one acre and shall be located and designed to encourage both pedestrian and vehicular access and
to be compatible with adjacent residential neighborhoods. (Ord. 2861 §1 (part), 3/17/95; Ord. 2715
§1, 10/16/92; Ord. 2668 §1 (part), 1/17/92; Ord. 2553 1, 12/2/89)
9. CSD Zone - This is a commercial zone oriented primarily to those businesses
serving the daily needs of the surrounding residential neighborhoods but is slightly less restrictive
than the CN zone and as such provides a transition area from the most restrictive commercial zones
to those of lesser restrictions. Businesses in this zone may occur on sites of varying sizes and shall
be located at the intersections of arterial streets of sufficient size to satisfy traffic demand and at the
boundaries of neighborhoods so that more than one neighborhood may be served. (Ord. 2861 §1
(part), 3/17/95; Ord. 2797 §2, 2/11/94, Ord. 2715 §1, 10/16/92; Ord. 2668 §1 (part), 1/17/92; Ord.
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1709 §1 (part), 12/22/70)
10. CA Zone - This is a commercial zone intended to create and preserve areas for
business serving the entire City and needing an arterial location because of the nature of the business
or intensity of traffic generated by the business. (Ord. 2861 §1 (part), 3/17/95; Ord. 2715 §1,
10/16/92; Ord. 2668 §1 (part), 1/17/92; Ord. 2293 §1 (part), 4/4/84)
11. CBD Zone - This is a commercial zone intended to strengthen and preserve the
area commonly known as the Downtown for major retail, service, financial, and other commercial
operations that serve the entire community, the regional market, and tourists. It is further the
purpose of this zone to establish standards to improve pedestrian access and amenities and to
increase public enjoyment of the shoreline. (Ord. 2861 §1 (part), 3/17/95; Ord. 2715 §1, 10/16/92;
Ord. 2668 §1 (part), 1/17/92; Ord. 2303 §1 (part), 7/4/84; Ord. 1709 §1 (part), 12/22/70)
12. IP Zone - This is an industrial zone intended to create and preserve areas for
office, commercial, and industrial uses devoid of exterior nuisances in a planned, park -like setting.
(Ord. 2861 §1 (part), 3/17/95)
13. IL Zone - This is an industrial zone intended to create and preserve areas for
industrial uses which are largely devoid of exterior nuisances in close proximity to airports and
highways. (Ord. 2861 §1 (part), 3/17/95; Ord. 2715 §1, 10/16/92; Ord. 2668 §1 (part), 1/17/92;
Ord. 2329 §1 (part), 3/11/85)
14. IH Zone - This is the least restrictive industrial zone intended to be the area in
which heavy industry could develop causing the least impact on other land uses. (Ord. 2861 §1
(part), 3/17/95; Ord. 2715 §1, 10/16/92; Ord. 2668 §1 (part), 1/17/92; Ord. 1709 §1 (part), 12/22/70)
15. PBP Zone - A zoning designation for publicly -owned property, or property less
suitable for development by reason of its topography, geology, or some unusual condition or
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situation. Much of the land so designated may best be left as "green belts ". (Ord. 2861 §1 (part),
3/17/95; Ord. 2715 §1, 10/16/92; Ord. 2668 §1 (part), 1/17/92; Ord. 1709 §1 (part), 12/22/70)
16. FL Zone - A zoning designation for privately -owned property not intended for
future conversion to urban development, much of which property may best be used for commercial
timber production. (Ord. 2861 §1 (part), 3/17/95)
167, Home Occupation Conditional Use - The purpose of this Chapter is to ensure
that an occupation or business undertaken within a dwelling unit located in a residential use district
is incidental and subordinate to the primary use and is compatible with the residential character of
the neighborhood. (Ord. 2948 §5 (part) 2/14/97; Ord. 2861 §1 (part), 3/17/95; Ord. 2715 §1,
10/16/92; Ord. 2668 §1 (part), 1/17/92; Ord. 2103 §2, 10/18/80)
1.8. Bed and Breakfast Conditional Use - The purpose of this Chapter is to ensure
that a bed and breakfast 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. (Ord. 2948 §5 (part) 2/14/97; Ord. 2861 §1 (part), 3/17/95; Ord. 2715 §1,
10/16/92; Ord. 2668 §1 (part), 1/17/92; Ord. 2483 §1 (part), 3/23/88)
1$9. 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. (Ord. 2948 §5 (part) 2/14/97; Ord. 2861 §1 (part), 3/17/95; Ord. 2715 §1,
10/16/92; Ord. 2668 §1 (part), 1/17/92; Ord. 2511 §1, 10/4/88)
+920. 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, are conducive to the public health, safety, and welfare, and
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promote the diversity of retail stand activity. (Ord. 2948 §5 (part) 2/14/97; Ord. 2861 §1 (part),
3/17/95; Ord. 2715 §1, 10/16/92; Ord. 2668 §1 (part), 1/17/92; Ord. 2070 §1 (part), 3/29/80)
201. Wrecking Yard Conditional Use - The purpose of this Chapter is to ensure that
licensed wrecking yards are appropriately located, are compatible with uses allowed within the City,
and are conducive to the public health, safety, and welfare. (Ord. 2948 §5 (part) 2/14/97; Ord. 2861
§1 (part), 3/17/95)
Section 4. Ordinance 2797 as amended and Chapter 17.22 of the Port Angeles Municipal
Code are hereby amended by amending PAMC 17.22.200 to read as follows:
17.22.200 Development Standards.
A. Area and Dimensional Requirements:
1. Minimum Lot Area: 7,000 square feet for non - residential uses. Residential
uses shall comply with the RHD Zone area requirements.
2. Minimum Lot Width: 50 feet.
3. Minimum Yard Requirements
No structure shall be built within 15 feet of an alley that abuts a icside11tia�
any property that has a residential zoning classification. No loading
structure or dock with access onto the alley shall be built within 15 feet of an alley. Driveway access
onto an alley shall maintain a vision clearance triangle. The vision clearance triangle shall extend
10 feet along the alley and 15 feet along the edge of the driveway, measured from the point of
intersection of each side of the driveway and the alley right -of -way line.
4. Maximum Lot Coverage - 50 %.
5. Maximum Height - 35 feet. (Ord. 3042 §3 (part) 1/28/00; Ord. 2977 §1 (part),
12/26/97; Ord. 2863 §3, 4/14/95; Ord. 2861 §1 (part), 3/17/95; Ord. 2797 §4, 2/11/94)
Section 5 - Severability. If any provisions of this Ordinance, or its application to any person
or circumstances, is held invalid, the remainder of the Ordinance, or application of the provisions
of the Ordinance to other persons or circumstances, is not affected.
Section 6 - Effective Date. This ordinance shall take effect five days following the date of
its publication by summary.
PASSED by the City Council of the City of Port Angeles at a regular meeting of said Council
held on the 5th day of March, 2002.
ATTEST:
• • ■
Becky J. U:4� n, ^ity Cle
PUBLISHED: March 10, 2002
By Summary
F: \ORDINANCES &RESOLUTION S\2001- 34.ord.wpd
MAYOR
APPROVED AS TO FORM:
Craig D. . on, City Attorney
Summaries of Ordinances Adopted by the
Port Angeles City Council
on March 5, 2002
Ordinance No. 3109
This Ordinance of the City of Port Angeles, Washington, rezones property consisting of
4.31 acres of land located immediately north of the William R. Fairchild International
Airport in Suburban Lot 102, Townsite of Port Angeles, from RS -9, Residential Single
Family, to RMD, Residential Medium Density.
Ordinance No. 3110
This Ordinance of the City of Port Angeles, Washington, rezones the City Hall and
Clallam County Courthouse east parking lots from CO, Commercial Office, and RHD,
Residential High Density, respectively, to PBP, Public Buildings and Parks.
Ordinance No. 3111
This Ordinance of the City of Port Angeles, Washington, makes minor administrative
changes to the City's land use regulations and amends Ordinances 1709, 1796, 2312,
2797, as amended, and Chapters 2.52, 15.04, 17.01, and 17.22 of the Port Angeles
Municipal Code.
The full texts of the Ordinances are 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.
These Ordinances shall take effect five days after publication of this summary.
Becky J. Upton
City Clerk
Publish: March 10, 2002