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Home My WebLink About3272• • ORDINANCE NO. 3272 AN ORDINANCE of the City of Port Angeles, Washington, amending a portion of the Zoning Code, Title 17, of the Port Angeles Municipal Code. THE CITY COUNCIL OF THE CITY OF PORT ANGELES do hereby ordain as follows: Whereas, the City's development regulations need to be amended and updated; and Whereas, the Planning Commission has approved the changes. NOW, THEREFORE, THE CITY COUNCIL OF PORT ANGELES, WASHINGTON, DOES ORDAIN AS FOLLOWS: Section 1. Ordinance 1709, as amended, and a portion of Title 17, Zoning Code, are hereby amended by amending 17.08, 17.14 - 17.15, 17.17 - 17.25, 17.31- 17.32, 17.34, 17.36, 17.94 - 17.96 PAMC to read as follows: CHAPTER 17.08 DEFINITIONS Sections: 17.08.001 General. 17.08.002 Definition Rules. 17.08.010 "A ". 17.08.015 "B ". 17.08.020 "C ". 17.08.025 "D ". 17.08.030 "E ". 17.08.035 "F ". 17.08.040 "G ". 17.08.045 "H ". 17.08.050 "I ". 17.08.055 "J ". 17.08.060 "K ". 17.08.065 "L ". 17.08.070 "M ". 17.08.075 "N ". • 17.08.080 17.08.085 17.08.087 17.08.090 17.08.095 17.08.100 17.08.105 17.08.110 17.08.115 17.08.125 17.08.130 17.08.001 General. The following words, terms, and phrases, when used in this Title, shall have the meanings ascribed to them in this Chapter, except where the context clearly indicates a different meaning. 17.08.002 Definition Rules. In the construction of these Zoning Regulations, the rules and definitions contained in this Section shall be observed and applied, except when the context clearly indicates otherwise. A. Words used in the present tense shall include the future; words used in the singular shall include the plural, and the plural shall include the singular. B. The word "shall" is mandatory and not discretionary. C. The word "may" is permissive. D. The word "lot" shall include the words "piece" and "parcel "; the word "building" includes all other structures of every kind regardless of similarity to buildings; and the phrase "used for" shall include the phrases "arranged for ", "designed for ", "intended for ", "maintained for ", and "occupied for ". 17.08.010 - "A" A. Accessory Building or Use - one which is subordinate and incidental to and serves a principal building or principal use and which is located on the same zoning lot as the principal building or principal use served. B. Accessory Residential Unit - a dwelling unit which is incidental to a detached single family residence, is subordinate in space (i.e., fifty percent or less space than the single family residential use), and is located on the same zoning lot as the single family residence. An accessory residential unit is served by water and electrical service that is separate from the primary residential service and has a separate address. C. Adult Family Home - a one - family dwelling of a person or persons who are providing personal care, room and board to more than one (1) but not more than six (6) adults who are not related by blood or marriage to the person or persons providing the services and who are licensed by the State of Washington pursuant to Chapter 18.48 and Chapter 70.128 RCW (Adult Family Home regulations). D. Alley - a public right of way which provides service access to abutting property. E. Amendment - a change in language of the zoning text which is an official part of these Zoning Regulations. -2- • • F. Animal Husbandry, Commercial - the care and raising of animals, particularly farm animals, for agricultural or other commercial purposes, provided that this shall not include noncommercial animal husbandry, private horse stables, up to three dogs and cats which are not house pets, or house pets. G. Animal Husbandry, Noncommercial - the care and raising of animals for noncommercial purposes, provided that this shall not include private horse stables, kennels, up to three dogs and cats which are not house pets, or house pets. H. Antenna - any pole, panel, rod, reflection disc including satellite earth station antenna as defined by 47 CFR Sections 1.4000 and 25.104, or similar device used for the transmission and /or reception of radio frequency signals. I. Antenna support structure - any building or structure other than a tower which can be used for location of telecommunications facilities. J. Apartment - a room, or a suite of two or more rooms in a multiple dwelling, occupied or suitable for occupancy as a dwelling unit for one family. K. Applicant - any person that applies for approval from the City. L. Application - the process by which the owner of a parcel of land within the City submits a request to develop, construct, build, modify, erect or use such parcel of land. "Application" includes all written documentation, verbal statements, and representations, in whatever form or forum, made by an applicant to the City concerning such a request. M. Assisted Living Facility or Boarding Home - A residential facility that provides domiciliary services to three or more persons of the age 65 or more, or less than age 65 who by reason of infirmity require domiciliary care and who do not require the more intensive care provided by a nursing home, and that is licensed by the State as a "Boarding Home" pursuant to chapter 18.20 RCW. 17.08.015 - "B" A. Building, Accessory - (See "Accessory Building or Use "). B. Building, Detached - a building surrounded by an unoccupied and unobstructed space which is on the same lot as the principal building and which provides for air and light from the ground to the sky. CD. Building, Principal - the major building on a lot, the building which houses the major use of the land and the structures on a zoning lot. E. Building, Residential - a building arranged, designed, used, or intended to be used for residential occupancy by one or more families or lodgers. EE. Building Line - front, side and rear building lines are the lines on each zoning lot that delineate the area within which construction of principal buildings is confined. Fe. Business Parking Lot and /or Structures - a commercial off - street parking lot or structure used exclusively for parking and /or storage of vehicles. 17.08.020 - "C" A. Carport - an accessory building or an accessory portion of the main building designed and used primarily for the shelter or storage of vehicles. It is not an enclosed structure and it does not contain a door which would allow vehicles to pass into the structure: it is open on two or more sides. -3- • • B. Casino - an establishment for the purpose of providing unrestricted gambling opportunity as regulated by the Washington State Gambling Commission. Activities regulated under casinos do not include mini- casinos, enhanced card rooms, public card rooms, social card rooms, pull tabs, punch cards, fund raising events sponsored by nonprofit organizations, bingo, state run lottery games, turkey shoots, raffles, sports pools, or other amusement games. C. Child Day -Care - child day -care is the provision of supplemental parental care and supervision for a non - related child or children, on a regular basis, for less than 24 hours a day, and under license by the Washington State Department of Social and Health Services. The term is not intended to include baby sitting services of a casual, non - recurring nature, or in the child's own home. Likewise, the term is not intended to include cooperative reciprocative child care by a group of parents in their respective homes. D. Child Day -Care Center - a child day -care center provides for the care of 13 or more children. The child day -care center shall not be located in a private family residence unless the portion of the residence where the children have access is used exclusively for the children during the hours the center is in operation or is separate from the usual living quarters of the family. E. Commission - the appointed Planning Commission. F. Common Usable Open Space: Area within a Planned Industrial Development which is accessible and usable to all occupants of the development and the City, which is: 1. Land which is unoccupied by nonrecreational buildings, parking areas, or traffic circulation roads; or 2. Land which is dedicated to recreational buildings, structures or facilities; or 3. Land which is dedicated to an open space purpose of the Planned Industrial Development such as preservation of natural features. To be considered common usable open space for recreational purposes, the open space must be usable for specific or multi - purpose activities, be located on generally level land, be regularly shaped and contain a minimum of 1,000 square feet. G. Conditional Use Permit - a limited permission to locate a particular use at a particular location, and which limited permission is required to modify the controls stipulated by these Regulations in such degree as to assure that the particular use shall not prove detrimental to surrounding properties, shall not be in conflict with the Comprehensive Plan, and shall not be contrary to the public interest. H. Conditional Use - a use permitted in a zone but which requires a special degree of control to make such use consistent and compatible with other existing or permissible uses in the same zone. I. Conforming Building or Structure - a building that complies with all sections of these Zoning Regulations or any amendment thereto governing size, height, area, location on the lot, for the zone in which such building or structure is located. J. Conforming Lot - a lot that contains the required width, depth and square footage as specified in the zone in which the lot is situated. K. Conforming Use - a use that is listed as a Permitted or Conditional Use in the zone in which the use is situated. L. Council - the City Council. M. Club or Lodge, Private - a non - profit association of persons who are bona fide members paying annual dues, which owns, hires, or leases a building or portion thereof, the use of such premises being restricted to members and their guests. -4- • • 17.08.025 - "D" A. Density - the ratio of the number of dwelling units per area of land, e.g., 7,000 square foot lots would allow for a maximum density of 6.22 dwelling units per acre. B. Department of Community and Economic Development (DCED) - means City of Port Angeles Community and Economic Development Department. DC. Detached building - a building separated a minimum of 6 feet from another building. ED. Development - any activity which would alter the elevation of the land, remove or destroy plant life, cause structures of any kind to be installed, erected, or removed, divide the land into two or more parcels, or any use or extension of the use of the land. DE. District - a portion of a planning area which is defined by the primary uses located in that portion of the planning area. EF. Dormitory - a residence hall providing sleeping rooms, with or without eating facilities. F. Duplex - a residential building containing two onesingle- family dwelling units separate from each other within the four walls of the building. $H. Dwelling - a building, or portion thereof, but not an automobile house trailer, designed or used exclusively for residential occupancy, including one single - family dwellings, two - family dwellings, and multi - family dwellings, which dwellings are constructed in accordance with the Uniform Building Code or, in the case of orre single - family dwellings, are constructed as manufactured homes in accordance with the requirements set forth in PAMC 17.08.070A, but not including hotels, motels or lodging houses. HI. Dwelling, Multi- family - a building or a portion thereof containing three or more dwelling units. I.J. Dwelling, 6rreSingle- Family - a building containing one dwelling unit only. JK. Dwelling, Two - Family - a building containing two dwelling units only. KL. Dwelling Unit - one or more rooms which are arranged, designed or used as living quarters for one family only. Complete single kitchen facilities, permanently installed, shall always be included for each dwelling unit. 17.08.030 - "E" A. Engineer means a professional civil engineer, licensed by and in good standing in the State of Washington. B. Enlargement - An increase in the size of an existing structure or use, including physical size of the property, building, parking, and other improvements. C. Environmentally Sensitive Area - an area which includes any of the following critical areas and ecosystems: wetlands, streams or stream corridors, frequently flooded areas, geologically hazardous areas (erosion, landslide, or seismic hazard areas), significant fish and wildlife habitat areas, and locally unique natural features (ravines, marine bluffs, or beaches and associated coastal drift processes). D. Erected - construction of any building or structure or the structural alteration of a building or structure, the result of which would be to change the exterior walls or roof or to increase the floor area of the interior of the building or structure. E. Establishment, Business or Commercial - a place of business carrying on an operation, the ownership and management of which are separate and distinct from those of any other place of business located on the same zoning lot. F. Existing (pre- existing) - a use, lot, or building that existed at the time of the passage of these Regulations. -5- • • 17.08.035 - "F" A. Family - one person or two or more legally related persons living together, or not more than six unrelated persons living together as a single, nonprofit, housekeeping unit; provided that there shall not be more than four unrelated persons living together with legally related persons as a single, nonprofit, housekeeping unit. B. Family Day -Care Home - a family day -care home regularly provides day -care during part of the 24 -hour day to 12 or fewer children, incidental to a primary residential use. C. Farming, Commercial - the planting and cultivating of crops for agricultural or other commercial purposes, provided that this shall not include private gardening or greenhouse structures accessory to single family residences. D. Fence - that which is built, constructed, urgmwr, or composed of parts joined together of material in some definite manner in which the prime purpose is to separate and divide, partition, enclose, or screen a parcel or parcels of land. E. Fuel yard or bulk plant - that portion of a property where flammable or combustible liquids are received by tank vessel or tank vehicle and are stored or blended in bulk for the purpose of distributing such liquids by tank vessel, tank vehicle, portable tank or container for subsequent resale and not to the consuming public. 17.08.040 - "G" A. Garage, Private - a building or structure other than a portion of the main building, enclosed on not less than three sides and designed or used only for the shelter or storage of vehicles, primarily only those vehicles belonging to the occupants of the main building. B. Garage, Public - a building or structure other than a private garage, used for the care, repair, or storage of automobiles, or where motor vehicles are kept for remuneration, hire, or sale. C. Group Home - a non - independent, non - family, housekeeping unit in which the residents are assisted by an outside agency or organization. Some examples of group homes include state licensed homes for the handicapped and physically disabled, homes for the mentally ill, homes for those with developmental disabilities, except that group homes do not include adult family homes, supported living arrangements or residential care facilities. They also include state licensed group homes for residential centers for rehabilitation from alcohol and drugs, and transitional housing for victims of domestic violence. 17.08.045 - "H" A. IIcig - total dr at ■-• i wallsa Height - the total distance in feet from average ground elevation at perimeter walls as determined by the final grade noted on the building plan approved by the City to the highest point of the structure. The final grade shall not exceed the pre - alteration grade as it existed prior to excavation. For the purposes of this title, a grade is established only when the City Building Inspector verifies the grade. The height restrictions in this Title shall not apply to church spires, monuments, chimneys, antennas, water towers, elevator towers, mechanical equipment, and other similar -6- • • rooftop appurtenances usually required to be placed above the roof level and not intended for human occupancy or the provision of additional habitable space; provided that mechanical equipment rooms and screening are set back at least ten feet from the edge of the roof and do not exceed ten feet in height. Other architectural appurtenances such as ornamental cupolas parapets, and spires, not exceeding ten feet in height and diameter, are also exempt from height requirements. B. Home Occupation - is an occupation or business activity which results in a product or service, is conducted in whole or in part in the dwelling unit, and is clearly incidental and subordinate to the residential use of the property. C. Hospital - an institution specializing in giving clinical, temporary and emergency services of a medical or surgical nature to human patients and licensed by Washington State Law. D. Hospital, Mental - (Including treatment of alcoholics) - an institution licensed by Washington State Agencies under provisions of law to offer facilities, care, and treatment for cases of mental and nervous disorders and alcoholics. E. Hospice - a facility for the terminally ill. F. Hostel - a residential structure or commercial building where transient accommodations (daily or weekly) for the traveling public are provided and for which the accommodations contain no more than one shared kitchen facility and do not have individual sleeping rooms. Hostels are differentiated by housing type and /or owner occupancy as follows: la. Owner occupied single family residential hostels are allowed in the same zones as Bed and Breakfasts by approval of a Special Use Permit. 2b. Non -owner occupied commercial structure hostels are allowed by the same process and in the same zones as motels. G. House pets - domestic animals such as dogs, cats, fish, birds, rodents, and reptiles, not including inherently dangerous species of animals, which sleep and are primarily housed in a dwelling unit together with their owners. 17.08.050 - "I" A. Incidental - in addition to and not interfering with or otherwise detracting from a main object; usually in these Zoning Regulations referring to a use in addition to a permitted use. 17.08.055 - "J" A. Junk Yard - an open area where waste or scrap materials are bought, sold, exchanged, stored, baled, packed, disassembled, or handled, including but not limited to scrap iron and other metals, paper, rags, rubber tires, and bottles. A junk yard includes an auto wrecking yard but does not include uses established within enclosed buildings. 17.08.060 - "K" A. Kennel - a place where four (4) or more dogs or cats, four (4) months old or older, or any combination of such dogs and cats, are kept, whether by the owners of the dogs and cats or by persons providing facilities and care, whether for compensation or not, provided that the number of dogs and cats counted shall not include house pets. B. Kitchen - a room or space which is constructed or equipped to facilitate the washing, cooking, and storing of food; kitchen facilities include plumbing for sinks and electrical wiring for ovens and stoves. -7- • 17.08.065 - "L" A. Landfill, Sanitary - an area devoted to the disposal of refuse, including incineration, reduction, or dumping of ashes, garbage, combustible and non - combustible refuse, and industrial solid wastes. B. Legal Building, Structure, Land Use - any building, structure or use of the land that complies with all zoning requirements. C. Legal Nonconforming Building or Structure - A legally established building or structure which met the applicable zoning code requirements in effect at the time the building or structure was constructed, but which fails by reason of such adoption, revision or amendment of the Zoning Code, to conform to the present requirements of the zone in which it is located. D. Level of Service - an established minimum capacity of public facilities or services that must be provided per unit of demand or other appropriate measure of need. E. Lot - a lot is a zoning lot, except as the context shall indicate a lot of record, in which case a lot is a "lot, of record ". F. Lot Area - the total area within the lot lines of a lot, excluding any primary access easements or panhandles. G. Lot, Corner - a lot situated at the intersection of two or more streets. H. Lot, Reverse Corner - a corner lot in which the rear property line coincides with the side property line of an abutting lot. I. Lot, Through - a lot having two opposite lot lines abutting public streets which are usually more or less parallel to each other; not a corner lot. Both lot lines abutting streets shall be deemed front lot lines. J. Lot, Zoning - a single tract of land located within a single block, which at the time of filing for a building permit, is designated by its owner or developer as a tract to be used, developed, or built upon as a unit, under single ownership or control. A zoning lot may or may not coincide with a lot of record. K. Lot Line, Front - that boundary of a lot which abuts a street. When two or more boundaries abut a street, the boundary with the narrowest width shall be considered the front lot line, unless otherwise specified on a plat. On a panhandle lot, the front lot line and setbacks shall be determined during the subdivision approval process, or, if not determined during subdivision review, shall be determined by the Director of Community and Economic Development. L. Lot Line, Rear - that boundary of a lot which is most distant from and is most nearly parallel to the front lot line. M. Lot Line, Side - any boundary of a lot which is not a front nor a rear lot line. N. Lot Coverage - the amount or percent of the ground area of a lot on which buildings are located. This amount /percent shall include all buildings which are partially or totally enclosed and covered by an impervious roof, including any garages, carports, covered patios, and cantilevered portions of a building, and structures covered by an impervious roof even if not fully enclosed. Lot coverage does not include the first horizontal 30 inches of the roof overhang nor does it include uncovered decks and porches not higher than 30 inches from the ground. O. Lot of Record - a parcel of land that is registered as a lot or parcel of land in the records of the County Auditor. P. Lot Width - the horizontal distance between side lot lines measured at right angles to the lot depth at a point midway between the front and rear lot lines, or at the front setback line, provided the average horizontal distance between side lot lines must also meet or exceed the minimum lot width required. -8- • • Q. Low - Powered, Networked Telecommunications Facilities - those facilities with maximum transmitter peak output power that do not exceed one watt and are less than 14 inches by 16 inches by 8 inches with an antenna no greater than 30 inches. 17.08.070 - "M" A. Manufactured Home - Factory built, single - family structures that meet the National Manufactured Home Construction and Safety Standards Act (42 U.S.C. Sec. 5401), commonly known as the HUD (U.S. Department of Housing and Urban Development) Code, and that also meets the following requirements: 1. Consists of two or more fully enclosed parallel sections each of not less than 12 feet wide by 36 feet long; 2. Bears an insignia issued by the appropriate federal agency indicating compliance with the construction standards of the U.S. Department of Housing and Urban Development (HUD) as amended and as approved by the State of Washington. 3. Is placed on an on -grade permanent foundation or on footings and piers or on blocks in accordance with HUD's specifications for the specific home and has skirting installed so that no more than one foot of the skirting is visible above grade; 4. Has all suppoi ltransport appurtenances removed; 5. Is served by underground electrical power; and 6. Was originally constructed with and prior to occupancy now has a composition or wood shake or shingle, coated metal, or similar roof of not less than 3:12 pitch; and for siding slnftlai m appca ance to sidmg Luuuilt1nly B Massage - the method, art or science of treating the human body for hygienic, remedial or relaxational purposes by rubbing, stroking, kneading, tapping, rolling or manipulating the human body of another with the hands, or by any other agency or instrumentality. C. Massage Parlor - any premises where massages are given or furnished for, or in expectation of any fee, compensation or monetary consideration, except: 1. Facilities adjunct to athletic clubs, medical facilities, hotels, motels or beauty salons; and 2. Enterprises licensed by the State and operating as approved Home Occupations. D. Medical /Dental Building - a building or group of buildings designed for the use of physicians and dentists and others engaged professionally in such healing arts for humans as are recognized by the laws of the State of Washington. E. Mobile Home - (See the definition for Trailer, House). F. Motel - an establishment consisting of a group of living or sleeping accommodations with bathroom, with or without kitchen facilities, located on a single zoning lot and designed for use by transient tourists. G. Motor Freight Terminal - a building or area in which freight brought by motor truck is assembled and /or stored for routing intrastate and interstate shipment by motor truck. 17.08.075 - "N" A. Neighborhood - an area located within a district where people live, which is defined by the primary type and /or density of the residential units located in that particular area of the district. -9- • B. Neighborhood Density: The neighborhood density is the number of dwelling units per acre allowed by zoning when streets, parks, electrical distribution substations, and other necessary supporting developments are included in the calculation. C. Nonconforming Building or Structure - any building or structure which does not conform with the lot area, yard, height, or lot coverage restrictions in these Regulations, or is designed or intended for a use that does not conform to the use regulations for the zone in which it is located, either at the effective date of these Regulations or as the result of subsequent amendments to these Regulations. D. Nonconforming Lot - a legally established lot, the area, dimensions or location of which met the applicable zoning code requirements in effect at the time the lot was created, but which fails by reason of such adoption, revision or amendment of the Zoning Code, to conform to the present requirements of the zone in which it is located. E. Nonconforming Use - any use of land, building or structure which does not comply with all of these Zoning Regulations or of any amendment hereto governing use for the zoning district in which such use is situated. F. Noxious Matter - material capable of causing injury to living organisms by chemical reaction, or is capable of causing detrimental effects upon the physical or economic well -being of individuals. G. Nursing Home or Convalescent Home. - A residential facility that provides convalescent and /or chronic care to three or more patients not related to the operator and who by reason of illness or infirmity are not able to properly care for themselves and that is licensed by the State as a "Nursing Home" pursuant to Chapter 18.51 RCW. 17.08.080 - "O" A. Off - street Parking Space - an area of at least 8%2 feet in width and 18 feet in length, or as otherwise provided in Chapter 14.40 PAMC situated on territory other than a public or private street, alley, highway or trafficway, and used only for the storage of vehicles. B. Open Space - natural areas of unique or major physical features such as shorelines, bluffs, beaches, lagoons, waterways, ravines, streams, rivers, lakes, wetlands, wildlife habitats, and other environmentally sensitive areas deemed of significant importance to the community by the City; landscaped areas such as parks, playfields, golf courses, outdoor stadiums, and public landscaped areas such as those along boulevards and around public buildings; improved outdoor areas such as piers, playgrounds, plazas, promenades or trails, tennis courts, viewpoints, and other outdoor spaces open to the public. C. Owner - any person with fee title or a long -term leasehold to any parcel of land within the City, who desires to develop, or construct, build, modify, erect, or use such parcel of land. 17.08.085 - "P" A. People with Functional Disabilities - people with functional disabilities means (1) a person who, because of a recognized chronic physical or mental condition or disease, is functionally disabled to the extent of: (a) needing care, supervision or monitoring to perform activities of daily living or instrumental activities of daily living, or (b) needing supports to ameliorate or compensate for the effects of the functional disabilities so as to lead as independent a life as possible, or (c) having a physical or mental impairment which substantially limits one or more of such person's major life activities, or (d) having a record of such impairment; or (2) being regarded as having such an impairment, but such term does not include current, illegal use of, or active addiction to a controlled substance. -10- • • B. Person - any person, firm, partnership, association, corporation, company, or other legal entity, private or public, whether for profit or not for profit. C. Planned Industrial Development (PID): A PID is a site specific development which has been approved by the City Council under the provisions of Chapter 17.31 of the Port Angeles Municipal Code. D. Planning Area - a large geographical area of the City, which is defined by physical characteristics and boundaries. E. PRD - Planned Residential Development. EF. •Professional Offices - offices used as a place of business conducted by persons engaged in recognized professions, and others whose business activities consist chiefly of services to the person as distinguished from the handling of commodities. FG. Public Facilities - public facilities include streets, roads, highways, sidewalks, street and road lighting systems, traffic signals, domestic water systems, storm and sanitary sewer systems, parks and recreational facilities, and schools. 17.08.087 - "Q" Quasi - Public - a characteristic of seemingly like but not actually being of a public entity, having the characteristics of being public such as open and available to all citizens without discrimination of any kind, benefitting the public, providing a nonprofit service or facility and receiving assistance from a governmental agency; quasi - public entities include but are not limited to nonprofit and other groups, such as the International Red Cross, YMCA, YWCA, and Serenity House, for which membership in the organization is not required to receive services or use the facilities. 17.08.090 - "R" A. Reclassification - a change in zoning boundaries upon the zoning map which is an official part of these Zoning Regulations. B. Reconstruction - the act of constructing again. C. Recreation Facility or Area, Non - Commercial - a facility or area for recreation purposes, such as a swimming pool, park, tennis court, playground or other similar use operated and maintained by a non - profit club or organization. D. Recreational Purpose-... An express intent of a space design and development to service a particular healthful or aesthetic activity. E. Residence - a building or structure, or portion thereof, which is designed for and used to provide a place of abode for human beings. The term "residence" includes the term "residential" as referring to the type, or intended use, of a building. F. Residential Care Facility - a residential facility that provides care for at least five (5) but not more than fifteen (15) people with functional disabilities and is as defined in RCW 70.128.175 and as required to be licensed by the State as a "Boarding Home" pursuant to Chapter 18.20 RCW. G. Restoration - the act of putting back or bringing back into a former or original state. H. Ri • ht -of -Way - Land acquired or dedicated for purposes of a street, highwa sidewalk, alley, avenue. other structure used for pedestrian or vehicular traffic, or easement or any combination of such uses for which the City has regulatory authority. Iii. Roof - a structure covering any portion of a building or structure, including the projections beyond the walls or supports. • 17.08.095 - "S" A. Service Station - an establishment which provides for the servicing of motor vehicles and operations incidental thereto, limited to the retail sale of petroleum products and automobile accessories; automobile washing (not including auto laundry); waxing and polishing of automobiles; tire changing and repair (not including recapping); battery service, charging, and replacement (not including repair and rebuilding); radiator cleaning and flushing (not including steam cleaning and repair); installation of accessories; and the following operations if conducted wholly within a building: lubrication of motor vehicles, brake servicing, wheel balancing, tire testing, and replacement of carburetors, coils, condensers, fan belts, wiring, water hoses, and similar parts. B. Setback - the required minimum distance between any lot line and any structure or building. C. Shopping Center - A group of commercial establishments planned, constructed, and managed as a total entity, with customer and employee parking provided on -site, provision for goods delivery separated from customer access, aesthetic considerations and protection from the elements, and landscaping and signage in accordance with an approved plan. Shopping Centers are further defined by size and the area their shoppers come from: 1. A community shopping center features a junior department store and contains approximately 150,000 square feet of gross leasable area and has a site area of ten to twenty -five acres. Its clientele draw is approximately a ten - minute drive from the center. 2. A neighborhood shopping center generally offers goods necessary to meet daily needs, occupies up to ten acres, has up to 100,000 square feet of gross leasable area, and draws its clientele from a five - minute driving radius from the center. D. Sign - Any letters, figures, design symbol, trademark, or device intended to attract attention to any activity, service, place, subject, person, firm, corporation, public performance, article, machine, or merchandise, and including display surfaces and supporting structures thereof. E. Sign, Advertising - a sign which directs attention to a business, commodity, service or entertainment conducted, sold, or offered elsewhere than upon the premises on which such sign is located or to which it is affixed. F. Sign, Area - the area of a sign shall be the sum of each display surface including both sides of a double -faced sign, as determined by circumscribing the exterior limits on the mass of each display erected on one sign structure with a circle, triangle, or quadrangle connecting all extreme points. Where a sign is composed of two or more individual letters mounted directly on a wall, the total display surface, including its background, shall be considered one sign for purposes of calculating sign area. The structure supporting a sign is not included in determining the area of the sign, unless the structure is designed in a way to form an integral part of the display. G. Single Family Residence - one detached dwelling on an individual lot for occupancy by one family. H. Special Use Permit - a limited permission to locate a particular use at a particular location, which limited permission is required to modify the controls stipulated by these regulations in such degree as to assure that the particular use shall not prove detrimental to surrounding properties, shall not be in conflict with the Comprehensive Plan, and shall not be contrary to the public interest. I. Story - the space between the floor and the ceiling above said floor. A basement shall be considered a story when more than half of the basement height is above the finished lot grade. -12- • • J. Street - a - - wayvehicular way which that affords a primary means of access to abutting property. K. Street Right -of -Way Line - the boundary line between a street and abutting property. L. Structure - anything constructed in the ground, or anything erected which requires location on the ground or water, or is attached to something having location on or in the ground 01 watt' and is over 30 inches in height above the ground level, but not including fences or walls used as fences six feet or less in height. M. Structural Alteration - any change, other than incidental repairs, which would prolong the life of the supporting members of a building, such as bearing walls, columns, beams, or girders. N. Subordinate - less important than and secondary to a primary object, usually in these Zoning Regulations referring to an accessory use. 0. Supermarket - a grocery store on a site larger than one acre and with multiple retail departments such as drugs, photo, video, deli, flowers, seafood, bakery, etc. 17.08.100 - "T" A. Telecommunications facilities or wireless telecommunications facilities - any antennas, cables, wires, lines, wave guides, and any other equipment or facilities associated with the transmission or reception of communications which a person seeks to locate or has installed upon or near a tower or antenna support structure. €B. Tower or wireless telecommunications tower - a self - supporting lattice, guyed, or monopole structure constructed from grade which supports telecommunications facilities. The term "tower" shall not include amateur radio operators' equipment, as licensed by the FCC. DC. Townsite Block: A block of 500' x 300' dimension or 3.44 acres as created by the original platting of the Townsite of Port Angeles. ED. Trail - a pedestrian facility which is designated for travel and recreation purposes and which may include sidewalks, portions of roadways, natural surfaced walkways, and structures such as bridges. FE. Trailer, House (Automobile Trailer, Mobile Home, Recreational Vehicle, Vacation Trailer) - a vehicle without motor power designed to be drawn by a motor vehicle and to be used for human habitation, a motor vehicle designed to be used for human habitation, and a manufactured home which does not meet City building code or State and Federal manufacturing standards. 6F. Trailer Park, Trailer Court, Mobile Home Park, Recreational Vehicle Park - any premises on which are parked one or more vehicles designed, intended, arranged, or used for living purposes, or any premises used or held out for the purpose of supplying to the public a space for one or more such vehicles, whether such vehicles stand on wheels or rigid supports. HG. Trellis - a lattice work structure designed to support plant growth. Trellises that demarcate an entryway to a yard, are detached from any other structure on the site, have a minimum sidewalk span of four (4) feet, depth of two (2) feet and a height of eight (8) feet, is exempt from the requirement for a building permit and is not considered a structure. -13- • • 17.08.105 - "U" A. Unclassified Use Permit - a limited permission to locate a particular unusual, large - scale, unique or special use at a particular location, which limited permission is required to modify the controls stipulated by these Regulations in such degree as to assure that the particular use shall not prove detrimental to surrounding properties, shall not be in conflict with the Comprehensive Plan, and shall not be contrary to the public interest. B. Unclassified Use - a use which is not permitted in any zone and which requires a special degree of control to make such use consistent and compatible with other existing or permissible uses in the same zone. C. Use - the purpose or activity for which the land, or building thereof, is designed, arranged or intended, or for which it is occupied or maintained and shall include any manner of performance of such activity with respect to the performance standards of these Zoning Regulations. D. Use, Principal - the main use of land or buildings as distinguished from a subordinate or accessory use. E. Utility Building or Structure - an installation to provide utility service, including wireless communication facilities to which the structure height is equal or less than the maximum building height of the zone in which it will be located. 17.08.110 - "V" A. Variance - an adjustment in the application of the specific regulations to a particular parcel of property which property, because of special circumstances applicable to it, is deprived of privileges commonly enjoyed by other properties in the same vicinity and zone. 17.08.115 - "W" A. Wireless Communication Facilities (WCFs) - an unstaffed facility for the transmission and /or reception of wireless telecommunications services, including support structures, antennas, accessory equipment, and appurtenances, used to transmit, receive, distribute, provide, or offer personal wireless communication services. WCFs include but are not limited to antennas, plies, towers, cables, wires conduits, ducts, pedestals, vaults, buildings, and electronic and switching equipment . B. Work/Live Space - an arrangement of space that combines a living area and working area where the living area is subordinate in size and use to the work space. 17.08.125 - "Y" A. Yard - an open space on a zoning lot which is unoccupied and unobstructed from its lowest ground level to the sky, except as otherwise permitted in the Permitted Intrusions in Required Yards in these Regulations. A yard extends along and at right angles to a lot line to a depth or width specified in the yard regulations for the zoning district in which such zoning lot is located. B. Yard, Front - extends along the full length of the front lot line, between the two side lot lines and to the closest building on the same lot, or to a distance designated in Zoning Regulations. C. Yard, Rear - extends along the full length of the rear lot line, between the two side lot lines and to the closest principal building on the same lot, or to a distance designated in Zoning Regulations. -14- • • D. Yard, Side - extends along a side lot line from the front yard to the rear yard, between the side lot line and to the closest building on the same lot, or to a distance designated in Zoning Regulations. 17.08.130 - "Z" A. Zone - an area defined as to boundaries and location, and classified by the Zoning Regulations as available for certain types of uses, and which other types of uses are excluded. B. Zoning Lot - a single tract of land located within a single block, which at the time of filing for a building permit, is designated by its owner or developer, as a tract to be used, developed, or built upon as a unit, under single ownership or control. A zoning lot may or may not coincide with a lot of record. C. Zoning Lot Covenant - an agreement, on a form provided by the Department of Community and Economic Development, which is recorded at the County auditor's Office by a property owner of two or more adjacent lots and which designates said lots as a single, inseparable building lot. CHAPTER 17.14 RMD - RESIDENTIAL, MEDIUM DENSITY Sections: 17.14.010 Purpose. 17.14.020 Permitted Uses. 17.14.025 Accessory Uses. 17.14.030 Conditional Uses. 17.14.040 Area and Dimensional Requirements. 17.14.050 Off - Street Parking. 17.14.060 Signs Permitted. 17.14.070 Design and Landscaping for Apartments. 17.14.010 Purpose. This is a medium density residential zone, whiiehthat allows a mix of single family, duplexes, and apartments at a density greater than single family neighborhoods but less than the higher densities of 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. Few nonresidential uses are allowed in this zone and then only conditionally, because of land use impacts associated with nonresidential uses. This zone provides for a variety in the urban land use pattern for the City's lower density multi - family residential neighborhoods (at twice the density of the City's basic single family residential neighborhoods) with direct access on an arterial street, usually located in outlying areas with large tracts of vacant buildable land, and serving as a transitional use between low density residential uses and commercial /industrial uses. 17.14.020 Permitted Uses. A. Accessory residential units. B. Adult family homes. C. Apaitnients. D. Duplexes. -15- • • E. Single family residences. 17.14.025 Accessory Uses. A. Garages and carports B. Greenhouses, gazebos, storage sheds, and similar accessory structures. C. Swimming pools and cabanas. D. Private television satellite reception dishes. E. Community recreation rooms and laundry rooms. F. Playground equipment. G. Manager's office. H. Other accessory uses determined by the Director of Community and Economic Development to be compatible with the intent of this Chapter. 17.14.030 Conditional Uses. A. Art galleries and museums. B. Assisted living facility. C. Child day -care centers and pre - schools. D. Churches. E. Group homes and hospices. F. Libraries. G. Nursing and convalescent homes. H. Public parks and recreation facilities. I. Public and private schools. J. Residential care facilities. K. Social service agencies providing 24 -hour residential care. L. Utility buildings and structures. M. Other uses compatible with the intent of this Chapter. 17.14.040 Area and Dimensional Requirements. A. Minimum lot area shall be 7,000 square feet. B. Density shall not exceed two dwelling units for the first 7,000 square feet of lot area, plus one unit for each additional 3,500 square feet of lot area. (Maximum 12.44 units /acre) C. Minimum yard requirements: 1. Front: 25 feet from front property line. 2. 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 lot line. On corner lots, the side yard abutting a street shall have a setback of 13 feet. 3. 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. D. Maximum lot coverage: 30 %. E. Maximum height: 35 feet. -16- • • 17.14.050 Off - Street Parking. Parking shall be provided as required by Chapter 14.40 of the Port Angeles Municipal Code. 17.14.060 Signs Permitted. One sign per building is allowed. Signs shall not exceed 10 square feet in area and shall not be flashing or intermittent. Additional signage may be allowed with Planning Commission approval of a Conditional Use Permit. 17.14.070 Design and Landscaping for Apartments. A. All designated outdoor storage areas, except for City mechanized refuse collection system containers, shall be screened from view from public rights -of -way and abutting property by a vision - obscuring fence 6 feet in height. B. All lighting on the site shall be directed away from adjoining residential properties and public rights -of -way. C. Unused space whiehthat is over 24 square feet in area and whiclri esults from the design of parking space arrangements or accessory structures shall be landscaped. D. a height -uf- t least 20 feet -at maturity.All required parking areas shall include landscaping of at least one tree for each group of 6 or fewer parking spaces with a minimum of two (2) trees, exclusive of any required perimeter landscaping. [Illustration - 11 parking spaces requires 2 trees; 12 spaces requires 2 trees; 13 spaces requires 3 trees.] The trees shall be of a type approved by the City, and be at least 2" caliper at time of planting, and placed in a minimum planting area of 100 square feet. Trees shall attain a minimum height of at least 20 feet at maturity. Alternatively, landscaping plans with functionally compatible planters and equivalent vegetative cover may be submitted for approval by the Director of Community and Economic Development as mitigation for this requirement when site constraints deem necessary. E. All parking lots shall be screened by a 3 -foot to 6 -foot vision - obscuring fence or vegetation on all sides adjacent to residentially zoned property; except that parking lots with less than 900 square feet of contiguous area shall be exempt from this landscaping requirement. F. Parking areas shall have interspersed landscaped islands and shall have no more than 8 consecutive parking spaces. Underground parking and parking included in a parking structure are excluded from this requirement. GF. At least 30% of the site shall be landscaped with a mixture of ground cover, shrubs, and trees. CHAPTER 17.15 RHD - RESIDENTIAL, HIGH DENSITY Sections: 17.15.010 Purpose. 17.15.020 Permitted Uses. 17.15.030 Accessory Uses. 17.15.040 Conditional Uses. 17.15.050 Area and Dimensional Requirements. -17- • • 17.15.060 17.15.070 17.15.080 Off - street Parking. Signs Permitted. Design and Landscaping. 17.15.010 Purpose. This is a high density residential zone 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. Few nonresidential uses are allowed in this zone and then only conditionally, because of land use impacts associated with nonresidential uses. This zone provides the basic urban land use pattern for the City's higher density multi - family residential neighborhoods (at seven times the density of the City's basic single family residential neighborhoods), following a standard rectangular street grid system of 60 -foot rights -of -way for local access streets and 300 -foot by 500 -foot blocks and usually located in areas that are largely developed and closer to the center of the City. 17.15.020 Permitted Uses. A. Adult family homes. II. Martcrnries, funeral parlors. Be. Multi- family dwellings, apartments, duplexes, dormitories, accessory residential units. CD. Single family residences. 17.15.030 Accessory Uses. A. Garages and carports. B. Greenhouses, gazebos, storage sheds, and similar accessory structures. C. Swimming pools and cabanas. D. Private television satellite reception dishes. E. Community recreation rooms and laundry rooms. F. Playground equipment. G. Manager's office. H. Other accessory uses determined by the Director of Community and Economic Development to be compatible with the intent of this Chapter. 17.15.040 Conditional Uses. A. Art galleries and museums. B. Assisted living facilities. C. Child day -care centers and pre - schools. D. Churches. L. G�lfeanises. E. Funeral Homes and Mortuaries. F. Group Homes and hospices. G. Libraries. II. Martu&ies. HI. Nursing and convalescent homes. 14. Public and private schools. JIB. Public parks and recreation facilities. KE. Residential care facilities. LM. Social service agencies providing 24 -hour residential care. -18- • • MN. Utility buildings and structures. N. Other uses compatible with the intent of this Chapter. 17.15.050 Area and Dimensional Requirements. A. Minimum Lot Area - 7,000 square feet. B. Density shall not exceed two (2) dwelling units for the first 7,000 square feet of lot area plus one (1) dwelling unit for each additional 1,000 square feet of lot area (maximum 38.56 units /acre). C. Minimum Yard Requirements 1. Front: 25 feet from front lot line. 2. 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. 3. 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. D. Maximum Lot Coverage - 30 %. E. Maximum Height - 35 feet. 17.15.060 Off - street Parking. Parking shall be provided as required by Chapter 14.40 of the Port Angeles Municipal Code. 17.15.070 Signs Permitted. A. Permitted Uses: Signs not larger than 10 sq. ft., lighted, but not flashing or intermittent. One per building. B. Conditional Uses: Size and type as determined by Planning Commission. 17.15.080 Design and Landscaping. A. All outdoor storage areas, except for City mechanized refuse collection system containers, shall be screened from view from public rights -of -way and abutting property by a vision - obscuring fence 6 feet in height. B. All lighting on the site shall be so directed as to reflect away from adjoining residential properties and public rights -of -way. C. Unused space whichthat is over 24 square feet and which results from the design of parking space arrangements or accessory structures shall be landscaped. D. On a ig of at bast 20 fact at aratunty.All required parking areas shall include landscaping of at least one tree for each group of 6 or fewer parking spaces with a minimum of two (2) trees, exclusive of any required perimeter landscaping. [Illustration - 11 parking spaces -19- • requires 2 trees; 12 spaces requires 2 trees; 13 spaces requires 3 trees.] The trees shall be of a type approved by the City. and be at least 2" caliper at time of planting, and placed in a minimum planting area of 100 square feet. Trees shall attain a minimum height of at least 20 feet at maturity. Alternatively, landscaping plans with functionally compatible planters and equivalent vegetative cover may be submitted for approval by the Director of Community and Economic Development as mitigation for this requirement when site constraints deem necessary. E. Parking areas shall have interspersed landscaped islands and shall have no more than 8 consecutive parking spaces. Underground parking and parking included in a parking structure are excluded from this requirement. FE. All parking lots shall be screened by a 3 -foot to 6 -foot vision - obscuring fence or vegetation on all sides adjacent to residentially zoned property. At least 30% of the site shall be landscaped with a mixture of ground cover, shrubs, and trees. CHAPTER 17.17 HO - HOME OCCUPATIONS PERMIT Sections: 17.17.010 Purpose. 17.17.011 Conflict with Other Ordinances. 17.17.012 Definitions. 17.17.020 Applicability. 17.17.030 Home Occupations Exempted. 17.17.040 Development Standards. 17.17.050 Application and Notice Procedures. 17.17.060 Routing and Staff Recommendations. 17.17.080 Director of Community and Economic Development Decision. 17.17.090 Special Review. 17.17.095 Special Review Criteria. 17.17.110 Limitations. 17.17.200 Appeals. 17.17.210 Extensions. 17.17.300 Revocation. 17.17.310 Penalties. 17.17.320 Existing Home Occupations. 17.17.010 Purpose. The purpose of this Chapter is to ensure that an occupation or business undertaken within a dwelling unit located in a residential zone is incidental and subordinate to the primary use and is compatible with the residential character of the neighborhood. This Chapter provides for home occupations within residential zones to be permitted through a special use permit process. • • 17.17.011 Conflict with Other Ordinances. Should any of the provisions or definitions of Ordinance No. 1709, as amended, any other Chapter of Title 17 conflict with or overlap any of the provisions or definitions of this Oi dinanLA., Chapter, whichever imposes the more stringent regulations shall prevail. 17.17.012 Definitions. A. "Home Occupation" is a special usc, that allows for an occupation or business activity whichthat results in a product or service and is conducted in whole or in part in the dwelling unit, and is clearly incidental and subordinate to the residential use of the property. B. "Commercial Vehicle" is a licensed (according to tonnage), motorized vehicle designed for transportation of commodities, merchandise, produce, freight, animals, or passengers, and operated in conjunction with a business, occupation, or home occupation. This term shall include, but is not limited to, automobiles, trucks, tractor /trailers, and vans. 17.17.020 Applicability. A Home Occupation 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 PAMC 17.17.030. A Home Occupation Permit is a special use permit as defined in PAMC 17.08.095. 17.17.030 Home Occupations Exempted. The following Home Occupations shall be exempted when all the development standards in Section 17.17.040 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, no matter how many different home occupations are occurring at one site, is parked on the premises or the adjacent street 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. Family day -care homes that provide day -care during part of the 24 -hour day to 12 or fewer children incidental to a primary residential use. D. Retail and wholesale salespersons, business representatives, 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. 17.17.040 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 as listed in PAMC 17.17.030(B)(3)), and no other indication or appearance of a business that would detract from the residential character of the area. -21- • • B. If the operation is the type where customers or clients come to the home, the Director of Community and Economic Development 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 Director of Community and Economic Development. D. If the operation is the type in which classes are held or instruction given, the Director of Community and Economic Development 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 Director of Community and Economic Development; 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 Director of Community and Economic Development; PROVIDED that the dwelling unit and accessory building in which the Home Occupation is conducted shall occur on the same parcel. H. The number of off - street parking spaces shall be determined by the Director of Community and Economic Development. Any improvements to the parking area shall be determined by the City Engineer in accordance with Chapter 14.40 PAMC whereby said improvements shall be completed within two years of the date of approval. 17.17.050 Application and Notice Procedures. The application for a Home Occupation Permit shall be submitted on a form obtained from the Department of Community and Economic Development and shall be acknowledged by the owner of the property, if other than the applicant. In addition to the notice procedures contained in PAMC 18.02.050, notice shall 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. Mailing labels shall be provided by the applicant. 17.17.060 Routing and Staff Recommendations. Upon receipt of an application satisfying the requirements of Section 17.17.050, the Department of Community and Economic Development shall route the same to all appropriate departments. Each such department shall submit to the Department of Community and Economic Development recommendations and comments regarding the application. The Department of Community and Economic Development shall prepare a report to the Director of Community and Economic Development summarizing the factors involved, the recommendations of other departments, and the Department of Community and Economic Development 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. 17.17.080 Director of Community and Economic Development Decision. The Director's decision shall be in written form with findings based upon compliance with Section 17.17.010, 17.17.040 and the following criteria: -22- • • 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 Director of Community and Economic Development decision shall include a condition that Home Occupations be forwarded to the Public Works & Utilities Department for the determination of utility charges. 17.17.090 Special Review. Persons with demonstrated physical handicaps may be permitted Special Review by the Director of Community and Economic Development. Such applicant may request waiver of Development Standard E and /or F. No waiver of the criteria of Section 17.17.080 will be considered. 17.17.095 Special Review Criteria. In addition to the criteria of Section 17.17.080, the Director of Community and Economic Development shall base his 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. 17.17.110 Limitations. A. Once a Home Occupation Permit 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 Home Occupation Permits shall not exceed one year, after which time extensions may be granted as provided in this Chapter. 17.17.200 Appeals. A. Any person aggrieved by the decision of the Director of Community and Economic Development may appeal the decision to the City Council. B. Appeals shall be submitted to the Department of Community and Economic Development in writing within fifteen (15) days following the date of the decision. C. The City Council shall conduct an open record public hearing on the appeal of the Director of Community and Economic Development's decision with notice being given as set forth in PAMC 17.96.140. The Council's decision shall be final unless appealed to Clallam County Superior Court in accordance with PAMC 17.96.150. 17.17.210 Extensions. A. Extensions of approved Home Occupation Permits shall be considered in accordance with the same procedures as for the original permit application and may be granted for specified or unspecified time periods provided that the following minimum criteria are met: 1. The use complies with the permit conditions; and 2. There have been no significant, adverse changes in circumstances. 23 • • B. Upon written request for an extension submitted to the Department of Community and Economic Development prior to the expiration of the Home Occupation Permit, said Permit shall be automatically extended for ninety (90) days to allow the City to review and process the extension request. 17.17.300 Revocation. 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. 17.17.310 Penalties. A. 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. B. 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 Home Occupation Permit pursuant to the provisions of Section 17.17.050. Failure to apply for and obtain a Home Occupation Permit pursuant to Section 17.17.050 shall subject the person to the penalty specified in Section 17.17.310 A. 17.17.320 Existing Home Occupations. A. Home Occupations, other than those specifically exempted under PAMC 17.17.030, established prior to the effective date of this Chapter and not having a Home Occupation Permit in accordance with the provisions of this Chapter shall, within ninety (90) days after the effective date of this Chapter, initiate a Home Occupation Permit application. After the ninety -day period, the home occupation shall be considered to be in violation of this Chapter. B. Time extensions of Conditional Use Permits for Home Occupation Permits lawfully established prior to the effective date of this Chapter shall not be approved unless the Home Occupation complies fully with this Chapter. CHAPTER 17.18 BED AND BREAKFAST PERMIT Sections: 17.18.010 Purpose. 17.18.020 Definitions. 17.18.030 Applicability. 17.18.040 Development Standards. 17.18.050 Application and Notice Procedures. 17.18.070 Director of Community and Economic Development's Decision. 17.18.090 Limitations. 17.18.091 Appeals. 17.18.092 Extensions. 17.18.100 Permit Revocation. -24- • • 17.18.010 Purpose. 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. This Chapter provides for bed and breakfasts within residential zones to be permitted through a special use permit process. 17.18.020 Definitions. A "bed and breakfast" is a single family residence located in a residential zone, containing one kitchen and shared dining area, providing lodging for guests and travelers for a period of up to thirty (30) days and serving primarily breakfast only to people registered to use the facility for lodging or special events that require facilities to provide more than just meals. A bed and breakfast is a special use as defined in PAMC 17.08.095. 17.18.030 Applicability. A Bed and Breakfast Permit in accordance with the provisions of this Chapter is required for all bed and breakfasts occurring in residential zones. A Bed and Breakfast Permit shall not be required within commercial zones. A Bed and Breakfast Permit is a special use permit as defined in PAMC 17.08.095. 17.18.040 Development Standards. All bed and breakfasts shall comply with the following development standards: A. All bed and breakfasts shall be located in single family residences and shall exhibit no outward appearance of a business or of a non - residential nature, other than permitted signs. B. All bed and breakfast operators shall live on the premises. C. A bed and breakfast with four or fewer rooms for let shall provide parking spaces for the operator and guests. Bed and breakfasts with more than four rooms for let shall provide parking spaces for the operator, guests, and employees. D. All off - street parking areas shall be screened in a manner that is compatible with and respectful of adjacent properties. E. All on -site signs shall be no more than five (5) square feet in area, indirectly lighted, and parallel to the building facade to which they are attached unless they are free- standing in the yard. Free - standing signs cannot exceed three feet in height but may be perpendicular to the facade. The light source shall be shielded from abutting property and rights -of -way. There shall be a maximum of two (2) free - standing signs. F. All bed and breakfasts shall comply with the applicable local and State Fire and Health Codes. G. All bed and breakfasts shall not be transferable to new locations. H. Size and area requirements: No. of Bdrms. To Let 0- 4 5- 8 9 -12 -1-2 -26 Min. Lot Area 7,000 sq.ft. (RS -9, 9,000 sq.ft.) 14,000 sq.ft. (RS -9, 18,000 sq.ft.) 28,000 sq.ft. hcre 2 -arees Bcd and breakfasts shall have the l/llowing mnmiiu n lot area In order tt, provide these- act.v�tics or facilities. -25- • • 110 a - is-C-em, 1 --aere /,UW sq.rt. (Ks -9, 9,uuu s4. n. 7,000 -s Li. ft. (RS -9, 9,000 sit.ft. 1-aere 1 2a-ees a 2- arres NOTE: Combination of activities and facilities; c.g., tennis courts and swimming pools, Nai are tareas additive to the l,asL, miifin.una. a Any change in the ownership, structure, or the site plan requires a revised permit. 17.18.050 Application and Notice Procedure. A. The application for a Bed and Breakfast Permit shall be submitted on a form obtained from the Department of Community and Economic Development and shall also be signed by the owner of the property if other than the applicant. In addition to the notice procedures contained in PAMC 18.02.050, notice shall 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. Labels shall be provided by the applicant. B. Upon receipt of an application satisfying the requirements of this Chapter, the Department of Community and Economic Development shall route it to all appropriate Departments. Each City Department shall submit to the Department of Community and Economic Development recommendations and comments regarding the application. 17.18.070 Director of Community and Economic Development's Decision. The Director of Community and Economic Development shall, in writing, approve, deny or approve with modifications or conditions, the application. The Director of Community and Economic Development shall attach such conditions as may be deemed necessary to ensure land use compatibility, public safety, and compliance with all standards and requirements of this Chapter. Said written decision shall include findings based upon compliance with the development standards (17.18 .040) and the following criteria: A. Water, sewer, power, road, police and fire, and refuse disposal must be available and adequate for the proposed use. B. The proposal should not cause detrimental effects on the surrounding residential area as a result of changes in the following elements (but not limited to just these elements): traffic, noise, activities occurring on -site, lighting, and the ability to provide utility service. C. The proposal shall be compatible with surrounding residential area because the treatment of the following aspects (but not limited to the following only) is adequate to assure compatibility: landscaping, location of structure(s), parking areas, and the residential nature of construction and /or architectural details of the structure. -26- • • 17.18.090 Limitations: A. Once a Bed and Breakfast Permit has been issued, it shall not be transferred to another location. B. The Bed and Breakfast Permit shall be valid only for so long as the bed and breakfast complies with the requirements of this Chapter and the conditions of approval. C. Any change in the ownership, the structure, or the site plan requires a revised permit. D. The initial time limit for approved Bed and Breakfast Permits shall not exceed one year, after which time extensions may be granted as provided in this Chapter. 17.18.091 Appeals. A. Any person aggrieved by the decision of the Director of Community and Economic Development may appeal the decision to the City Council. B. Appeals shall be submitted to the Department of Community and Economic Development in writing within fifteen (15) days following the date of the decision. C. The City Council shall conduct an open record public hearing on the appeal of the Director of the Department of Community and Economic Development 's decision with notice being given as set forth in PAMC 17.96.140. The Council's decision shall be final unless appealed to Clallam County Superior Court in accordance with PAMC 17.96.150. 17.18.092 Extensions. A. Extensions of approved Bed and Breakfast Permits must be submitted in writing prior to the expiration date of the original permit approval and shall be considered in accordance with the same procedures as for the original permit application. An extension may be granted for specified or unspecified time periods, provided that the following minimum criteria are met: 1. The use complies with the permit conditions; and 2. There have been no significant, adverse changes in circumstances. B. Upon receipt of a written request for extension of a Bed and Breakfast Permit (prior to expiration of the permit) said permit shall automatically be extended for ninety (90) days to allow the City time to review and process the request. 17.18.100 Permit Revocation. The Director of Community and Economic Development may immediately revoke, or suspend a permit, or the renewal thereof, if he finds that: A. The applicant or permittee has violated or failed to meet any of the provisions of this Chapter or conditions of the permit; or B. Any required licenses have been suspended. revoked, or canceled. Upon denial, suspension or revocation, the Director of Community and Economic Development shall notify the applicant or permittee in writing of the action he has taken and the reasons therefor. After giving such notice by certified mail, if the bed and breakfast has not been removed within thirty (30) days, the Director of Community and Economic Development, or his designee, may cause the closure of any bed and breakfast found in violation of this Chapter. -27- • • CHAPTER 17.19 PRD - PLANNED RESIDENTIAL DEVELOPMENT OVERLAY ZONE Sections: 17.19.010 Purpose 17.19.011 Definitions. 17.19.020 Applicability. 17.19.030 Permitted Uses. 17.19.031 Conditional Uses. 17.19.040 Permitted Modifications of Land Use Regulations. 17.19.050 Standards. 17.19.060 Density. 17.19.070 Procedure for Approval. 17.19.080 Pre - Application Review. 17.19.090 Application Procedure. 17.19.100 Routing and Staff Recommendations. 17.19.110 Planning Commission Public Hearing - Scheduling and Notice. 17.19.120 Planning Commission Recommendation - Preliminary Development Plans. 17.19.130 City Council Action - Preliminary Development Plans. 17.19.140 Final Approval of Planned Residential Development. 17.19.150 Planning Coianrission Review of fina nt Plan. 17.19.160 City Council Final Action. 17.19.170 Building Permits. 17.19.180 Modifications After Final Approval. 17.19.010 Purpose. This Overlay Zone is to provide alternative zoning regulations whichthat permit and encourage design flexibility, conservation and protection of natural amenities critical areas, and innovation in residential developments to those regulations found in the underlying zone. It is intended that a Planned Residential Development (PRD) will result in a residential environment of higher quality than traditional lot -by -lot development by use of a design process whiehthat 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 and results in a specifically approved site design. It is also intended that a PRDPIa�mcd may combine a number of land use decisions such as critical areas protection, 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 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. Few nonresidential uses are allowed in this overlay zone and then only conditionally, because of land use impacts associated with nonresidential uses. This overlay zone provides for the opportunity to create self - contained residential neighborhoods with a variety of housing choices without following a standard system of public streets and lot design and with allowances for mixed use, residential and neighborhood commercial developments not usually permitted in residential zones. EP • • . -28- • • 17.19.011 Definitions. A. Common Usable Open Space: Area within a Planncd csnm.fl Devcl oilmen tPRD whrehthat is accessible and usable to all residents of the development and whiehthat is: 1. Land whichthat is unoccupied by nonrecreational buildings, parking areas, or traffic circulation roads; or 2. Land wlii.,lrthat is dedicated to recreational buildings, structures or facilities; or WI • 3. Land 'that is dedicated to an open space purpose of the Planned PRD such as preservation of natural features. 4. Land protected by the Environmentally Sensitive Areas Protection Ordinance (PAMC Title 15), other than buffer areas, may not be included as Common Usable Open Space for recreational purposes. To be considered common usable open space for recreational purposes, the open space must be usable for specific or multi - purpose activities, be located on generally level land, be regularly shaped and contain a minimum of 1000 square feet. B. Neighborhood Density: The _ .. .... number of dwelling units per acre allowed by zone or zones. C. Planned Residential Development (PRD): A PRD is a site specific development whiehthat has been approved by the City Council under the provisions of Chapter 17.19 of the Port Angeles Municipal Code. D. Recreational Purpose: An express intent of a space design and development to service a particular healthful or aesthetic activity. E. Townsite Block: A block of 500' x 300' dimension or 3.44 acres as created by the original platting of the Townsite of Port Angeles. 17.19.020 Applicability. Planncd Residcrrtlal —BLveluplIl.. PRDs may be established, subject to final approval of a proposal for a specific parcel or parcels of land, -in all residential districts •• : . • . and may include land which that is zoned PBP. A • . • . .. PRD shall contain a minimum of 3.44 acres with densities permitted per the underlying zone or zones per 17.19.060. 17.19.030 Permitted Uses. Residential building types in a Planned Resickntia ev.lupmcnt PRD may vary from those permitted in the underlying zone or zones. 17.19.031 Conditional Uses. Conditional uses may be allowed similarly to those conditionally permitted in the underlying zone(s) or may include neighborhood commercial and commercial recreational uses rthat primarily serve the PRD residents. 17.19.040 Permitted Modifications of Land Use Regulations. The approval of a PRD may include modifications in the requirements and standards of the underlying land use regulations of the zone in which the project is located; subject to the limitations of this Chapter;_ Lxcept that n No approval shall include a modification, variance or waiver of the exterior setback areas required by the underlying zones along the exterior property lines of the PRD or of the requirements of the Shoreline Master Program except as provided in Chapter 173 -14 WAC. • . II -29- • • 17.19.050 Standards. The following standards shall apply to all Planned R�id�.ntial Develapm-eritPRDs: A. All street and utility improvements shall be constructed to standards specified by the City of Port Angeles. Street widths may vary from widths required in the Subdivision Regulations, and interior Lip ealatiuii streets may be either public or private. Streets intended to be dedicated to the City must meet minimum standards set forth in the City of Port Angeles Urban Standards and Guidelines manual. B. All Planned Residential D vclut,iiientPRDs shall devote at least 30% of the gross area of the site to common usable open space, half of which must be used for recreational purposes and none of which will be credited in the setback areas required along the exterior property lines of the PRD. Street rights -of -way, driveways, parking lots and utility structures shall not be counted as part of the common usable open space. Common usable open space shall be maintained as an integral part of the site and may not be segregated as a separate parcel or parcels unless such parcels are to be owned by a homeowners association. Community recreation facilities and recreation structures shall be included in calculating the area devoted to common usable open space. C. All Plaiuicd Residential D v Jupink.,nitPRDs shall provide for continuous and perpetual maintenance of common open space, common recreation facilities, private roads, utilities, parking areas and other similar development within the boundaries of the PRD in form and manner acceptable to the City. D. Platting shall be required offor all projects w ithat involve or contemplate the subdivision of land. Lots in a platted Planned Residential DL.velopindttPRD may be sold to separate owners approved in connection therewith. Development of all lots- within tl1. platLd Planned Residential D v lopinent shall be as-shown in the - approved PRD. No further subdivision of land within the Planned Residential Do, claprentPRD will be permitted unless a formal amendment to the PRD is approved. E. Conditional Use Permits shall be required offor all projects whiehthat involve or contemplate conditional uses; whichthat may be allowed in the underlying zone(s). In addition to the conditional uses allowed in the underlying zone(s), neighborhood commercial and commercial recreational uses may be considered for conditional use permit(s) during the PRD approval process. No further conditional use permits,- except home occupations, will be permitted within the Planned Residential DL.vt.lopi 11i11tPRD unless a formal amendment to the PRD is approved. F. For any underlying land use regulatory process that is consolidated through the PRD overlay process, the criteria and development standards of that underlying land use regthatip- process shall be met. Any subsequent land use decision made pursuant to an underlying land use regulatory process shall also require a formal amendment to the PRD. G. To encourage design flexibility, conservation of natural amenities, and innovations whiLl that result in a higher quality residential environment than traditional subdivisions, site planning and architectural review whidithat address the following specific criteria are required of all development in the PRD. Where applicable, the design of PRDs shall accomplish the following to the greatest extent possible: 1. Preserve unique physical features of the site including, but not limited to, creeks, wetlands, ravines, bluffs, lakes or ponds, shorelines, and forest areas consistent with Section 15.20 and 15.24 PAMC. 2. Preserve scenic view corridors, both internal and external to the site. -30- • • 3. Provide recreation facilities including, but not limited to, bicycle or pedestrian paths, children's play areas and playfields :: and 4. The design of all open space areas and building structures shall be compatible with and complementary to the environment in which they are placed. H. All Planned Residential DevdapmentPRDs shall comply with the goals and policies of the Port Angeles Comprehensive Plan. 17.19.060 Density. Every ' : . ' • .. PRD shall be allowed the density of the underlying zone or zones in which the site is located on the portions of the site exclusive of environmentally sensitive areas. Density credits for environmentally sensitive areas protected by Title 15 PAMC shall be allowed in addition to the base density calculated for the buildable area of the site per Section 15.20.070(F) and Section 15.24.070(F). 17.19.070 Procedure for Approval. The procedure for approval of a PRD shall be composed of four steps: Conceptual plan submittal and neighborhood meeting. This step occurs before an application is accepted as complete by the City. BA. Public hearing on the preliminary development plan and, if applicable, the preliminary plat and other permit actions,_ and This step results in a recommendation by the Planning Commission to the City Council of an action to be taken on the proposal; CB. Approval by the City Council at a public meeting of the preliminary development plan and other actions as applicable; and C. Pul,lie inc Lting l,y the Planning Coy mission to 1 tN iG W the fiva . . aim veiopikiLdI 1 uififilenClat1011 t0 t 1C laity l;auneII, D. ApprovalAction ofon the final development plan and plat by the City Council following a public hearing. Final approval may only be granted after all conditions of approval have been met or bonded for by the applicant. No lots may be offered for sale prior to preliminary plat approval by the City Council. 17.19.080 Pre - Application Review. Prior to applying for a PRD, a developer shall submit a conceptual plan to the Department of Community and Economic Development DCED. The conceptual plan will be reviewed for its general compliance with the intent, standards and provisions of this Chapter and other City ordinances by the appropriate departments of the City, and written comments in regard to the plan will be furnished to the developer. The conceptual plan shall contain in sketch form all of the information required in Section 17.19.090 E and G. After the conceptual plan review and prior to accepting a PRD application, the City shall require a neighborhood meeting. The neighborhood meeting shall be organized and sponsored by the project proponent. Neighbors within 300' of the proposed location shall be included in notification of the meeting. The purpose of the meeting will be to solicit information regarding design alternatives to minimize any adverse impacts from the PRD and to alleviate community concerns. Tl.e applicant slrall submit an additional set of nrailiiig -31- • 17.19.090 Application Procedure. The application for a Planned RcsidL,ntial LN-L PRD shall contain the following: A. The name, location and legal description of the proposed development, together with the names, addresses and telephone numbers of the recorded owners of the land and of the applicant and, if applicable, the names, addresses and telephone numbers of any land surveyor, architect, planner, designer, or engineer responsible for the preparation of the plan, and of any authorized representative of the applicant. B. A narrative explaining the proposed use or uses of the land and building, including the proposed number of dwelling units by type, such as single family detached, row housing, and apartments; information on any special features, conditions of which cannot be adequately shown on drawings; and an explanation of covenants, continuous maintenance provisions, and /or homeowners association for the project. C. A survey of the property showing existing features, including contours at 5- foot intervals, buildings, structures, streets, utility easements, rights -of -way, environmentally sensitive areas, and existing land uses. D. A vegetation survey of the property by either (a) an aerial photograph of the property in a scale acceptable to the City, whieihthat identifies significant groupings of trees and unusual or fine specimens of their species; OR (b) a survey of all trees over twelve inches in trunk diameter measured at four feet above the ground; as determined by the Director of DCED Community and Economic Drat in those areas where improvements are proposed. General wooded areas where no improvements are proposed will require a vegetation survey containing the following elements: 1. A mapping of the extent of the wooded areas with survey of perimeter trees only. 2. A narrative regarding the types (species) and condition of the trees and under -story in the wooded area. 3. Identification oftrees wliiLlithat are unusual or fine specimens oftheir species. 4. In general wooded areas where minor improvements are proposed, a survey of trees over twelve inches in trunk diameter measured at four feet above the ground will be required to a reasonable distance around the improvements. E. Preliminary site plans showing existing and proposed contours at 5 -foot intervals, location and piincipal dimensions of buildings, open space, recreation areas, parking areas, circulation, landscape areas, subdivision platting and general arrangement. F. Detailed site statistics including but not limited to: 1. Total site area in both acres and square feet; 2. Site coverage expressed in square feet and percentage of; a. Total footprint area of buildings for: i. Residential structures; ii. Non - residential structures. b. Roadway and sidewalk paved surfaces; c. Parking lot areas; d. Any areas paved with permeable paving systems; 3. Total area in lots; 4. Open space area: a. Common usable open space (must be 15% of site); b. Total area dedicated to open space (must be 30% of site); -32- • • 5. Number and location of off - street parking; 6. Number of residential units proposed; 7. Total number of lots being created; 8. Density of site expressed as residential units per acre. GE. A preliminary plat, if applicable, pursuant to Chapter 58.17 RCW and Chapters 16.04 and 16.08 PAMC. He. If a developer elects to obtain additional density credits, the site plan application shall contain specific information relating to the additional density credit criteria of Section 15.20.070 and 15.24.070. Iif. Preliminary elevation and perspective drawings of project structures. M. A preliminary utilities plan, including fire hydrant locations. KJ. A preliminary storm drainage plan with calculation of impervious areas. LK. An off - street parking plan and circulation plan showing all means of vehicular and pedestrian ingress and egress to and from the site; size and location of driveways, streets, sidewalks, trails, and parking spaces. Any new traffic control devices required for the safety of the project must be shown. ME. Mailing labels : ... ' • of property owners within 300 feet of the proposed project pursuant to Section 17.96.140 PAMC. 17.19.100 Routing and Staff Recommendations. Upon receipt of an application satisfying the requirements of Section 17.19.090, the Department of Community and Economic Development (DCED) shall route the same to all appropriate City Departments. Each such department shall submit return recommendations and comments regarding the application to DCED. The D4pa.rt��t Planning Division . .. shall prepare a report to the Planning Commission summarizing the factors involved, the recommendations of other departments; and the D.partinent of &immunity Devclopinent DCED iccon iciidation including-arid findings and conclusions. 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. • .. 17.19.110 - Planning Commission Public Hearing - Scheduling and Notice. Upon receipt of an application satisfying the requirements of Section 17.19.090, the D�paitment DCED shall schedule a public hearing before the Planning Commission. Public notice shall be given as provided in Sectionn17.96.140. 1 . 17.19.120 Planning Commission Recommendation - Preliminary Development Plans. Prior to making a recommendation on an application for a preliminary Planied Residential DcvclopmLnt PRD, the Planning Commission shall hold a public hearing. The Planning Commission's recommendation 17.19.010, .060 acid .061, an the recommendation for approval, denial, or approval with modifications or conditions shall be forwarded to the City Council in written form based upon compliance with Section 17.19.050 and the following criteria: A. The proposed development will comply with the policies of the Comprehensive Plan and further—the attainment of the objectives and goals of the Comprehensive Plan. B. The proposed development will, through the improved utilization of open space, natural topography, transitional housing densities and integrated circulation systems, -33- • create a residential environment of higher quality than that normally achieved by traditional development of a subdivision. C. The proposed development will be compatible with adjacent, existing, and future developments. D. All necessary municipal utilities, services, and facilities, existing and proposed, are adequate to serve the proposed development. E. The-Iinternal streets serving the proposed development are adequate far-the to serve anticipated traffic levels and the street system of the proposed development is functionally connected by an improved collector street to at least one improved arterial street. F. If the development is planned to occur in phases, each phase shall meet the requirements of a complete development. Developments of less than 3.44 acres shall not be rlane in phases. 17.19.130 City Council Action - Preliminary Development Plans. The City Council shall, at-a public mcting, consider the recommendation of the Planning Commission at a public meeting. The Council may approve, deny, or approve with modifications or conditions the submitted preliminary development plans. Approval shall be by Council action which incorporates the approved preliminary development plans by reference and shall include findings based upon Section 17.19.060, .66+, and .120. 17.19.140 Final Approval of Planned Residential Development PRD. Application for final approval of the ' oR I • ' • .. PRD shall be submitted within one year of the appio vai rof-the preliminary development plan approval; provided that for phased PRD's each phase shall have an additional one -year period for final approval; and provided further that an applicant may apply to the Planning Commission, and the Commission may approve, one or more one -year extensions as the Commission may deem appropriate. The site must be under one ownership prior to final approval by the Planning Commission and City Council, and the application for final approval must be made by the owners of the entire site. The application shall include the following: A. A title report showing record ownership of the parcel or parcels upon which the PRD is to be developed. B. Adequate assurance for6ualanteL, ensuiiiig the retention and continued maintenance of common open space, recreation facilities, and recreation structures. If development is to be done in phases, each phase must meet the requirements of this Section. Adequate assurance for the retention and continued maintenance of environmentally sensitive areas and their buffers. If development is to be done in phases, each phase must meet the requirement of this Section. De. Final development plans, whiLli that shall be in compliance with the approved preliminary development plans. ED. The final plat, if applicable, pursuant to Chapter 58.17 RCW and Chapter 16.04 and 16.08 PAMC FE. Development schedule. GF. Bond or other form of security acceptable to the City in a sufficient amount to complete the project or submitted phase, as determined by the City. H6. Covenants, conditions and restrictions and /or homeowners' association agreement. -34- • • B. Adequacy ofthc provisions for maintenance ofrcgtiircd common open spacc �e iinai plat, it app ilea bie, an 17.19.160 City Council Final Action. The City Council shall review the application for final approval at a public hearing, notice of which shall be given as provided in Section 17.96.140, and shall approve, deny, or approve with modifications the final development plan and, if applicable, the final plat. Approval of the final development plan shall be by ordinance and a copy of the final PRD shall be filed with and made a part of said ordinance. The Zoning Map shall be amended to indicate the extent of the approved Planned Residential Dcvelopnient PRD, and all future development of the site shall be in conformance with the approved PRD. 17.19.170 Building Permits. The Building Division shall issue building permits for buildings and structures whiehthat conform with the approved final development plans for the Planned Residential D.dt,lopment PRD and with all other applicable City and state ordinances and regulations. The Building Division shall issue a certificate of occupancy for completed non residential buildings or structures why iihat conform to-the requirements of the approved final development plans and all other applicable City and state ordinances and regulations for such occupancies. The construction and development of all -the common usable open spaces, including recreational facilities, and other public improvements of each project phase must be completed before any certificates of occupancy will be issued; except when bonds or other acceptable forms of security are deposited assuring the completion of such facilities within six months of approval of final PRD. 17.19.180 Modifications After Final Approval. The final approval shall be binding upon the development_, and d Design variations from the plan must be submitted to the Planning Commission and City Council for approval and amendment of the ordinance, except for minor changes, as follows: The Depaitment of Community DL.v DCED is authorized to allow minor adjustments in the development schedule, location, placement, height, or dimension of buildings and structures, not to exceed an alteration of ten percent in height or ten feet in any other direction, when such minor changes and alterations are required by engineering and other circumstances not foreseen or reasonably foreseeable at the time of approval of the final development plans; except that such adjustments shall not increase the total amount of floor space authorized in the approved final PRD, or the number of dwelling units or density, or decrease the amount of parking or loading facilities, or permit buildings to locate closer to the closest boundary line, or decrease the amount of open space, or decrease the recreation facilities, or change any points of ingress or egress to the site, or extend the development schedule for not more than twelve months. -35- • • CHAPTER 17.20 CO - COMMERCIAL, OFFICE Sections: 17.20.010 Purpose 17.20.040 Permitted Uses. 17.20.080 Accessory Uses. 17.20.160 Conditional Uses. 17.20.200 Area and Dimensional Requirements. 17.20.210 Off - Street Parking. 17.20.230 Design and Landscaping. 17.20.010 Purpose This is a commercial zone intended for those business, office, administrative or professional uses whiehthat 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. Commercial uses that are largely devoid of any impacts detrimental to single family residential uses are allowed. This zone provides the basic urban land use pattern for small lot, transitional uses between residential neighborhoods and commercial zones with direct access on an arterial street and design standards compatible with residential development. 17.20.040 Permitted Uses. A. Services: 1. Financial services offices, such as b Banks, financial institutions, insurance and real estate service offices. 2. Personal service •facilities, such as barber and beauty shops. 32. Business and professional offices. 43. Child day -care centers and pre - schools. 54. Medical /dental clinics and offices and laboratories. 6. Small animal veterinary offices. B. Residential: 1. Detached single family residences that meet the area and dimensional requirements of the RS -7 zone. 17.20.080 Accessory Uses . Accessory uses determined by the Director of Community and Economic Development to be compatible with the intent of this Chapter are permitted. 17.20.160 Conditional Uses. A. Art galleries and museums. B. Assisted living facilities and residential care facilities. C. I3cauty shops and barber shops. -36- • • CE1. Business colleges;, trade schools. and personal instruction such as music, art, and dance schools. DE. Dusincsscs scllmg nMedical suppliesy stores, goods, mst rum cnts, mcdicmc and similar itcros. EF. Chemical dependency treatment and detoxification centers. F6 Churches. II. Dctoxification centers. GI. Group homes and hospices. HJ. Libraries. H. Hotels, Mmotels . and Group Iihostels. JE. Nursing and convalescent homes. KM. Off - street parking structures and lots not associated with a permitted use on the same site LN. Public parks and recreation facilities. O. Rcsidcntial care facilities. MP. Residential uses, other than detached single family residences, that are permitted in the RHD zone and comply with the RHD area and dimensional requirements, except for mixed use structures where there is commercial use at ground level and residential use above, in which case the required commercial setbacks of the underlying zone shall be observed. NQ. Utility buildings and structures. OR. Funeral parlorshomes and mortuaries. S. Sma 11 animal Vctcrinary officc. PT. Other uses compatible with the intent of this Chapter. 17.20.200 Area and Dimensional Requirements. A. Area 7,000 square feet - shall comply area r lents. • B. Lot Width 50 feet. C. Setbacks for non - residential use: Front 25 feet from property line. Rear 25 feet from property line. Detached accessory buildings shall not be permitted closer than 10 feet to the rear property line. Side 7 feet from the property line. 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 the street shall have a building line setback of 13 feet. D. Maximum Lot Coverage 45 % . E. Maximum Building Height 30 feet. 17.20.210 Off - Street Parking. (See Chapter 14.40 PAMC). -37- • 17.20.230 Design and Landscaping. A. All outdoor storage areas, except for City mechanized refuse collection system containers, shall be screened from public rights -of -way and abutting property by a vision - obscuring fence 6 feet in height. B. All lighting on the site shall be so directed as to reflect away from adjoining property and public rights -of -way. C. A 6 -foot sidewalk accompanied by a minimum 4 -foot landscape strip shall be required within the right -of -way adjacent to the front property line as well as adjoining arterial corridors. De. The side yard abutting a residentially zoned lot shall be landscaped in a manner that is complementary or similar to residential landscaping. In other words, such landscaping shall be complementary or similar to shrubs of 3 foot to 6 foot mature height interspersed with evergreen and /or deciduous and /or ornamental trees. Five feet of the rear yard setback area abutting a residentially zoned lot shall be landscaped in a similar manner. ED. The unused space resulting from the design of parking space arrangements or accessory structures which is over 24 square feet shall be landscaped. FE. All landscaping shall comply with the vision clearance requirements of Section 17.94.090 PAMC. GF. All non - residential structures shall be designed to be compatible with the residential environment. H. All required parking areas shall include landscaping of at least one tree for each group of 6 or fewer parking spaces with a minimum of two (2) trees, exclusive of any required perimeter landscaping. [Illustration - 11 parking spaces requires 2 trees; 12 spaces requires 2 trees; 13 spaces requires 3 trees.] The trees shall be of a type approved by the City, and be at least 2" caliper at time of planting, and placed in a minimum planting area of 100 square feet. Trees shall attain a minimum height of at least 20 feet at maturity. Alternatively, landscaping plans with functionally compatible planters and equivalent vegetative cover may be submitted for approval by the Director of Community and Economic Development as mitigation for this requirement when site constraints deem necessary. G. Onc trcc shall be provided for cach group of tcn parking spaces, exclusive I. Parking areas shall have interspersed landscaped islands and shall have no more than 8 consecutive parking spaces. Underground parking and parking included in a parking structure are excluded from this requirement. Hi. All parking lots shall be screened by 3 -foot to 6 -foot vision obscuring fence or vegetation on the sides adjacent to residentially zoned property. • • CHAPTER 17.21 CN - COMMERCIAL, NEIGHBORHOOD Sections: 17.21.010 Purpose. 17.21.040 Permitted Uses. 17.21.050 Accessory Uses. 17.21.160 Conditional Uses. 17.21.200 Area and Dimensional Requirements. 17.21.210 Off - Street Parking. 17.21.230 Design and Landscaping. 17.21.010 Purpose. This is a commercial zone intended to create and preserve areas for businesses whiehthat are of the type providing 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 vehicle access and to be compatible with adjacent residential neighborhoods. Commercial uses that are largely devoid of any impacts detrimental to multi- family residential uses are allowed; gasoline service islands are conditionally permitted uses. This zone provides for a variety in the urban land use pattern for small commercial districts serving individual residential neighborhoods with direct access on an arterial street and design standards compatible with residential development. 17.21.040 Permitted Uses. A. Art galleries and museums. B. Assisted living and residential care facilities. C. Dakcry shops. CD. Business colleges; music, art, and dance schools. DE. Banks, financial institutions, insurance and real estate services offices. I . IIarbcr shops, beauty shops. EG. Business and professional offices. +f. Child day -care centers and pre - schools. I. Dclicatcsscns, groccry stores. J. Drug stores, pharmacies. H. Food and beverage establishments, such as restaurants and cafeterias. L Food item retail sales, such as bakery shops, delicatessens, and grocery stores. JK. Group homes. KL. Libraries. M. Mortuaries. Lam. Medical /dental offices and clinics and laboratories. M. Medical supply stores. -39-- • • NO. Nursing and convalescent homes. O. Personal service facilities, such as barber and beauty shops. P. Public parks and recreation facilities. Q Reconstruction, remodeling, or improvements to residential structures existing or establishedprior to January 1, 2007. RQ. Repair services, such as appliance repair, shoe repair, and TV and stereo repair services. R. Residential care facilities. S. Residential uses on the first floor or above with a primary commercial use located fronting that portion of the site facing an arterial street mixed use structures where there is commercial use at g rc permute observed. TU. Self - service laundries. UV. Specialty shops such as gift, florist, hobby, antique, candy, ice cream, video movie rental, bicycle, book, computer, toy, and retail pet stores. VW. Small animal veterinary offices and clinics for small animals 17.21.050 Accessory Uses . Accessory uses determined by the Director of Community and Economic Development to be compatible with the intent of this Chapter are permitted. 17.21.160 Conditional Uses. A. Churches. B. Fire Stations. C. Frozen food or cold storage lockers. D. Funeral parlorshomes and mortuaries. E. Gasoline service islands, accessory to convenience or grocery store. F. Hotels, motels and hostels. G. Off - street parking structures and lots. H. Self - service car washes. I. Clubs and lodges. J. Small animal veterinary office. JIB. Utility buildings and structures. KE. Other uses compatible with the intent of this Chapter. 17.21.200 Area and Dimensional Requirements. A. Minimum Lot Area: 7,000 square fee - . Residential uses on the first floor or above with a primary commercial use located fronting that portion of the site facing an arterial street shall comply with the RIID area requirements, -40- • • • . • . zone shall be obsery ed. shall comply with RHD rear setback requirements. B. Minimum Lot Width: 50 feet. C. Minimum Yard Requirements: No structure shall be built within 15 feet of an alley or any property that has a residential zoning classification. D. Maximum Lot Coverage: 50 %. E. Maximum Height: 30 feet. 17.21.210 Off - Street Parking. (See Chapter 14.40 PAMC). 17.21.230 - Design and Landscaping. A. All outdoor storage areas, except City mechanized refuse collection system containers, shall be screened from view from public rights -of -way and abutting property by a sight- obscuring fence 6 feet in height. B. All lighting on the site shall be so directed as to reflect away from adjoining non - commercial property and public rights -of -way. C. A 6 -foot sidewalk accompanied by a minimum 4 -foot landscape strip shall be required within the right -of -way adjacent to the front property line as well as adjoining arterial corridors. DE. The side yard abutting a residentially zoned lot shall be landscaped in a manner that is complementary or similar to residential landscaping. In other words, such landscaping shall be complementary or similar to shrubs of 3 foot to 6 foot mature height interspersed with evergreen, deciduous and /or ornamental trees. Five feet of the rear yard setback area abutting a residentially zoned lot shall be landscaped in a similar manner. ED. Unused space whiehthat is over 24 square feet and whiehthat results from the design of parking space arrangements or accessory structures shall be landscaped. �etg at least 20 feet at nlatanty.Al1 required parking areas shall include landscaping of at least one tree for each group of 6 or fewerparking spaces with a minimum of two (2) trees, exclusive of any required perimeter landscaping. [Illustration - 11 parking spaces requires 2 trees; 12 spaces requires 2 trees; 13 spaces requires 3 trees.] The trees shall be of a type approved by the City, and be at least 2" caliper at time of planting, and placed in a minimum planting area of 100 square feet. Trees shall attain a minimum height of at least 20 feet at maturity. Alternatively, landscaping plans with functionally compatible planters and equivalent vegetative cover may be submitted for approval by the Director of Community and Economic Development as mitigation for this requirement when site constraints deem necessary. G. Parking areas shall have interspersed landscaped islands and shall have no more than 8 consecutive parking spaces. Underground parking and parking included in a parking structure are excluded from this requirement. HF. All parking lots shall be screened by 3 -foot to 6 -foot vision - obscuring fence or vegetation on all sides adjacent to residentially zoned property. -41- • CHAPTER 17.22 CSD - COMMUNITY SHOPPING DISTRICT Sections: 17.22.010 Purpose. 17.22.040 Permitted Uses. 17.22.050 Accessory Uses. 17.22.160 Conditional Uses. 17.22.200 Area and Dimensional Requirements. 17.22.210 Off - Street Parking. 17.22.230 Design and Landscaping. 17.22.010 Purpose. This is a commercial zone oriented primarily to those businesses serving the daily needs of the surrounding residential zones 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. Commercial uses that are largely devoid of any impacts detrimental to the environment are allowed. Service stations with petroleum products are permitted uses. This zone provides the basic urban land use pattern for large lot, commercial uses serving much of the City with direct access on an arterial street and design standards for greater automobile and truck traffic. 17.22.040 Permitted Uses. A. Art galleries and museums. D. Dakeiy shops. Be. Financial services offices, such as banks, financial institutions, insurance and real estate services offices. CD. Personal service facilities, such as barber shops and beauty shops. DE. Business colleges;, trade schools, and personal instruction, such as music, art, and dance schools. F. Business and professional offices. Fe. Child day -care centers and pre - schools. GPI. Churches. I D�ltcat�ssens, grocery- stoles peen rketJ. I-U. Drug stores, pharmacies. IK. Equipment rentals. J. Food and beverage establishments, such as restaurants, cafeterias, drive -in restaurants, cocktail lounges, and taverns, provided that drive -in restaurants, restaurants with cocktail lounges, and taverns that have direct customer access to an alley abutting residentially zoned property shall be conditional uses. K. Food item retail sales, such as bakery shops, delicatessens, grocery stores, and supermarkets. L. General merchandise sales. M. Hardware stores. -42- • • N. Household furnishins. stores, such as appliance stores, furniture stores, office equipment stores, and stereo stores. ON. Libraries. Pe. Medical /dental offices and clinics and laboratories. Q1 . Medical supply stores. R. Printing, blueprinting, photo developing and reproduction. SQ. Public parks and recreation facilities. T. Reconstruction, remodeling, or improvements to residential structures existing or established prior to January 1, 2007. UR. Repair services, such as appliance repair, furnishings repair, shoe repair, and TV and stereo repair services. VS. Residential uses on the first floor or above with a primary commercial use located fronting that portion of the site facing an arterial street.that alt perniittad-in- reRJID u icestaurant�, tai��l.,11a�. WV. Self- service laundries. XW. Service Stations. Y. Sign Shops. ZX. Specialty shops such as gift, florist, hobby, antique, candy, ice cream, movie rental, bicycle, book, computer, toy, and retail pet stores. Y Taverns and cocktail loungLS. AAZ. Small animal vVeterinary offices 17.22.050 Accessory Uses. Accessory uses determined by the Director of Community and Economic Development to be compatible with the intent of this Chapter are permitted. 17.22.160 Conditional Uses. A. Clubs and lodges. B. Drive -in restaurants, restaurants with cocktail lounges and taverns that have direct customer access to an alley abutting residentially zoned property. C*. Fire Stations. DB. Frozen food or cold storage lockers. E €. Funeral parltershomes and mortuaries. FD. Hotels, motels and hostels. G. Microbreweries. HE. Off - street parking structures and lots. IF. Self - service car washes. G. Clubs and ledges. JR Utility buildings and structures. K. Other uses compatible with the intent of this Chapter. 17.22.200 Area and Dimensional Requirements. A. Minimum Lot Area: 7,000 square feet for non- residential uses. Residential uses on the first floor or above with a primary commercial use located fronting that portion -43- of the site facing an arterial street, shall comply with the RHD Zone—arearear setback requirements. B. Minimum Lot Width: 50 feet. C. Minimum Yard Requirements: No structure shall be built within 15 feet of an alley that abuts 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. D. Maximum Lot Coverage: 50 %. E. Maximum Height: 35 feet. 17.22.210 Off - Street Parking. (See Chapter 14.40 PAMC). 17.22.230 - Design and Landscaping. A. All outdoor storage areas, except City mechanized refuse collection system containers, shall be screened from view from public rights -of -way and abutting property by a sight- obscuring fence 6 feet in height. B. All lighting on the site shall be so directed as to reflect away from adjoining non - commercial property and public rights -of -way. C. A 6 -foot sidewalk accompanied by a minimum 4 -foot landscape strip shall be required within the right -of -way adjacent to the front property line as well as ad'oinin• arterial corridors. DE. The side yard abutting a residentially zoned lot shall be landscaped in a manner that is complementary or similar to residential landscaping. In other words, such landscaping shall be complementary or similar to shrubs of 3 foot to 6 foot mature height interspersed with evergreen, deciduous and /or ornamental trees. Five feet of the rear yard setback area abutting a residentially zoned lot shall be landscaped in a similar manner. Ems. Unused space whichthat is over 24 square feet and whitlithat results from the design of parking space arrangements or accessory structures shall be landscaped. a-h ight of at least 20 feet at Matrnity.All required parking areas shall include landscaping of at least one tree for each group of 6 or fewer parking spaces with a minimum of two (2) trees, exclusive of any required perimeter landscaping. {Illustration - 11 parking spaces requires 2 trees; 12 spaces requires 2 trees; 13 spaces requires 3 trees.] The trees shall be of a type approved by the City, and be at least 2" caliper at time of planting, and placed in a minimum planting area of 100 square feet. Trees shall attain a minimum height of at least 20 feet at maturity. Alternatively, landscaping plans with functionally compatible planters and equivalent vegetative cover may be submitted for approval by the Director of Community and Economic Development as mitigation for this requirement when site constraints deem necessary. G. Parking areas shall have interspersed landscaped islands and shall have no more than 8 consecutive parking spaces. Underground parking and parking included in a parking structure are excluded from this requirement. HE. All parking lots shall be screened by 3 -foot to 6 -foot vision - obscuring fence or vegetation on all sides adjacent to residentially zoned property. -44- • • CHAPTER. 17.23 CA - COMMERCIAL. ARTERIAL Sections: 17.23.010 Purpose 17.23.040 Permitted Uses. 17.23.080 Accessory Uses. 17.23.160 Conditional Uses. 17.23.200 Area and Dimensional Requirements. 17.23.210 Off - Street Parking. 17.23.230 Design and Landscaping. 17.23.010 Purpose This is a commercial zone intended to create and preserve areas for businesses serving the entire City and needing an arterial location because of the nature of the business or intensity of traffic generated by the business. Commercial uses that are largely devoid of any impacts detrimental to the environment are allowed. Service stations with petroleum products and dry cleaning shops with hazardous materials are permitted uses. This zone provides the basic urban land use pattern for automobile oriented, commercial uses with direct access on a principal arterial street and design standards for greater automobile and truck traffic. 17.23.040 Permitted Uses: A. Retail Buildings: 1. Auto supply stores, service stations, self - service gas islands, car wash facilities and tire shops. uses ssnps ai autu inaoiies, t� �zLS�s trasse� s, yLses, 2 &. Building material stores, cabinet shops, glass stores, hardware stores, lumber yards, paint stores, and plumbing supply stores and eh ice stusob. sses idling medical supplies, g ,, medic111G, all ssmssar sterns. 35. Commercial recreation establishments, such as bowling alleys, theaters (movie and others), skating rinks, driving rarrgcs, putt -putt golf courses, climbing walls and video arcades. 4. Drug stores, pharmacies. 56. Farm equipment stores, garden supply stores, nurseries. e. Food and beverage establishments, such as cafes, cafeterias, restaurants, take -out lunch stands, drive -in restaurants, cocktail lounges and taverns; provided that drive -in restaurants, restaurants with cocktail lounges, and taverns, whiclithat have direct customer access to an alley abutting residentially zoned property, shall be conditional uses. 7$. Food item retail sales outlets, such as bakery shops, candy and ice cream stores, delicatessens, fruit and vegetable stands, grocery stores, liquor stores, meat and fish markets, including froLLn or cald-sturage food lockers, and supermarkets. 89. General merchandise stores, such as Latalagm sales stores, clothing and shoe stores, department stores, drug stores, second -hand stores, antique stores, pawn shops, sporting goods stores, and variety stores. 9±9. Household furnishings stores, such as appliance stores, furniture stores, office equipment stores, and stereo stores. -45- • 1 i lvionuaii�5. 10+2. Motels, hotels, and hostels. 113. Medical supply stores. 12. Dealerships ofnew and used automobiles. trucks, trailers, motorcycles, recreational vehicles, tractors, boats. including related sales, leasing, and servicing. 13+4. Specialty shops, such as gift, florist, hobby, antique. candy, ice cream. movie rental, bicycle, book, computer, toy, and retail pet stores.biey.de, eonIpalvi, 14-15. Shopping centers, not exceeding 100,000 square feet in building floor area. B. Services: 1. Art, danee, vtAee, and nxusle schools. 12. Art galleries and museums. 23-. Business colleges, trade schools and personal instruction such as music, art, and dances d-trade schools. 34. Business and professional offices. 5. Business Ski dicCS offices, such a aL.L. sting, tav, cuip1Clylnelit, and man agement consulting . 46. Chemical dependency treatment and detoxification centers. 52. Child day -care centers and pre- schools. 6$. Churches. 9 D�toxrfieation centers. 7+0. Equipment rental stores. 8++. Financial services offices, such as Lail on stores, banks, (including 11JJ� W1 1 d1 11 uws), financial institutions, insurance eolnpauib, and real estate services toelbrok , and offices. 9+2. Frozen food or cold storage lockers. 1013. Funeral parl-orshomes and mortuaries. 116. Laundries, commercial, dry cleaning shops, laundries, self - service and tailor shops. 12+7. Libraries. 13+9. Medical /dental offices and clinics and laboratories. 14 +9. Personal services facilities, such as barber shops; and beauty shops, exercise and reducing studios, and travel agencies. 1520. Printing, blueprinting, photo developing and reproduction, and sig�1 shops. 162f. Public parks and recreation facilities. 1722. Repair services shops, such as appliance repair, furnishings repair shops, shoe repair, and TV and stereo repair services. 18. Sign shops. 1923. Small animal vVeterinary offices 20. Utility buildings and structures. C. Institutional: 1. Clubs and lodges. -46- • D. Residential: 1. Construction. remodeling, or improvements to residential structures existing or established prior to January 1. 2007. 2 +. Residential_ uses on the first floor or above with a primary commercial use located fronting that portion of the site facing an arterial street. that-arc pela i wliltli 1/4a6e eomrnetelal setVac s unflerlying zone Shall be oDsorv�d E. Transportation and Communication: 1. Convention centers, auditoriums. 2. Ferry, seaplane, airplane, and helicopter facilities. 3. Mass transit terminals. 4. Parcel delivery service terminals. 5. Radio stations, TV stations, and newspaper buildings. 6. Vehicular services buildings, such as ambulance service, automotive and truck rentals, and vehicle maintenance and repair shops, not including auto body and paint shops and auto engine repair shops. F. Wholesale: 1. Storage services buildings, such as froz u ftatl lockers, aMini- warehouses, transfer, moving and storage facilities. 2. Warehouse buildings and yards. 3. Wholesale stores. �erelalilceslaentlal Lhxc1opment�. 17.23.080 Accessory Uses. Accessory uses determined by the Director of Community and Economic Development to be compatible with the intent of this Chapter are permitted. 17.23.160 Conditional Uses. A. Auto body and paint shops and auto engine repair shops. B. Drive -in restaurants, restaurants with cocktail lounges and taverns, all ofwhich have direct customer access to an alley abutting residentially zoned property. C. Fire Stations. D. Licensed impound yards. E. Massage parlors, saunas and steam baths, as primary use. F. Microbreweries G. Off - premises outdoor advertising signs H. Off - street business parking structures and lots. I. Recreational vehicles, vacation trailers, and campers courts and parks. J. Salvage and recycling buildings. K. Shopping centers, exceeding 100,000 square feet in building floor area. L. Social service agency buildings providing 24 -hour residential care. M. Utility l,uildi,Ygs and -sty ctetares. MN. 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. N6. Other uses compatible with the intent of this Chapter. -47- 17.23.200 Area and Dimensional Requirements. A. Minimum Lot Area: 7,000 square feet - . Residential uses on the first floor or above with a primary commercial use located frontingzthat portion of the site facing an arterial street. shall comply with the RHD rear setback requirements. B. Minimum Lot Width: 50 feet. C. Setbacks: Front No setback requirement. Rear No structure shall be built within the rear 15 feet of a lot that abuts an alley or a residential zone. Side No structure shall be built within 15 feet of any property that has a residential zoning classification or an alley. No side yard shall be required when abutting another commercially zoned lot, except that for residential and mixed commercial /residential structures a 7 -foot side yard shall be required. D. Maximum Lot Coverage: 60% E. Maximum Building Height: 35 feet. 17.23.210 Off - Street Parking. (See Chapter 14.40 PAMC.) 17.23.230 Design and Landscaping: A. All outdoor storage areas except sanitation receptacles associated with mechanized collection shall be screened from public view from public rights -of -way and abutting property by a sight- obscuring fence 6 feet in height, except san;tatiai1 teeeplal. t,� aSSOCiatLd wi c fa izA., d w lC.A... ti.n i. B. All lighting on the site shall be directed or shaded so as not to shine directly on adjoining non- commercial property. C. A 6 -foot sidewalk accompanied by a minimum 4 -foot landscape strip shall be required within the right -of -way adjacent to the front property line as well as adjoining arterial corridors. De. A visual screen consisting of solid fencing, landscaping, or other materials, shall be provided in the yard abutting residentially zoned land. Such a screen shall be to a height of 6 feet. If landscaping is used, it shall include evergreen shrubs planted to form a ' - • - .: - . : hedge that will reach a height of 6 feet tnatnre height within three years of the planting date., xct,pt that aSuch screen shall maintained to a maximum height of 6 feet. Approved vehicle driveways to an alley shall not ix, -d street ,d, and t,xeept that sanitation receptacles associated with mechanized collection shall not be obstructed. Clear vision triangles shall be maintained. - -- ED. .." ..: _ . : : .. :.. :. . : : 2" caliper at plaiting timt , and placed in a planting area of 10 -foot niiniinum width ai diatnete .All required parking areas shall include landscaping of at least one tree for each group of 6 or fewer parking spaces with a minimum of two (2) trees, exclusive of any required perimeter landscaping. [Illustration - 11 parking spaces requires 2 trees; 12 spaces requires 2 trees; 13 spaces requires 3 trees.] The trees shall be of a type approved by the City, and be at least 2" caliper at time of planting, and placed in a minimum planting area of 100 square -48- • • feet. Trees shall attain a minimum height of at least 20 feet at maturity. Alternatively, landscaping plans with functionally compatible planters and equivalent vegetative cover may be submitted for approval by the Director of Community and Economic Development as mitigation for this requirement when site constraints deem necessary. F. Parking areas shall have interspersed landscaped islands and shall have no more than 8 consecutive parking spaces. Underground parking and parking included in a parking structure are excluded from this requirement. CHAPTER 17.24 CBD - CENTRAL BUSINESS DISTRICT Sections: 17.24.010 Purpose. 17.24.040 Shoreline Master Program. 17.24.041 Permitted Uses. 17.24.080 Accessory Uses. 17.24.160 Conditional Uses. 17.24.200 Area and Dimensional Requirements. 17.24.210 Off - Street Parking. 17.24.220 Signs. 17.24.230 Design and Landscaping Standards. 17.24.010 Purpose. This is a commercial zone intended to strengthen and preserve the area commonly known as the Downtown for major retail buildings, 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. Commercial uses that are largely devoid of any impacts detrimental to the environment are allowed. Gasoline service islands and marine fueling stations are conditionally permitted uses. This zone provides the basic urban land use pattern for high d.,nsitycommercial, mixed use and, pedestrian oriented, uses located in the center of the City with direct access to mass transit services, design standards for compatible commercial development, and support for public parking and business improvements. 17.24.040 Shoreline Master Program. Within 200 feet of ordinary high water, permitted or conditional uses must comply with the Shoreline Master Program as adopted and amended by the City. 17.24.041 Permitted Uses. A. Retail Buildings: 1. Auto supply stores. 2. Hardware stores, paint stores, and plumbing supply stores. 3. Commercial recreation establishments, such as bowling alleys, theaters (movie and others), skating rinks, putt -putt golf courses, climbing walls, and arcades. -49-- • • 4. Food and beverage establishments, such as cocktail lounges, cafes, cafeterias, restaurants, sidewalk cafes (subject to the permit requirements of the Street Use Ordinance No. 2229 as amended), take -out lunch stands, and taverns. 5. Food item retail sales - omelets, such as bakery, candy and ice cream stores, delicatessens, fruit and vegetable stands, grocery stores, liquor stores, and meat and fish markets. 6. General merchandise stores, such as catalagae sales stores, clothing and shoe stores, department stores, drug stores, second -hand stores, antique stores, pawn shops, shopping centers (100,000 square feet or less in building floor area), sporting goods stores, and variety stores. 7. Household furnishings stores, such as appliance stores, furniture stores, office equipment stores, and stereo stores. 8. Motels, hotels, and hostels. 9. Speciality shops such as gift, florist, hobby, antique, candy, ice cream, movie rental, bicycle, book computer, toy, and retail pet stores. Services: 12. Art galleries and museums. Business colleges, and trade schools schools. Business and professional offices. Business services offices, such as P. music, art, and dance 34. 45. management consulting, and printing services. 56. Child day -care centers and pre - schools. 67. Churches. 5. Financial services offices, such as , banks, financial institutions, insurance Lompanies, and real estate services, Lompanies. offices. Famishing repair shops -, �u�ll aujliv�t a iii aid i eli�li�lst� shops. :1 1 - .. and personal instruction such as accounting, tax, employment, 8. Self - service laundries and tailor shops. 9 +2. Libraries. 10 +5. Medical /dental offices and clinics and laboratories. 11+4. Medical supply stores. 12.5. Personal services facilities, such as barber shops,and beauty shops, exercise and reducing studios, and travel agencies. 13+6. Public parks and recreation facilities. 14 +7. Repair services shops, such as appliance repair, furnishing repair, shoe repair, and TV and stereo repair services. C. Institutional: 1. Clubs and Lodges. 2. Research Vessels. D. Residential: 1. Residential uses on the first floor or above with a primary commercial use located fronting that portion of the site facing a street. - 5 0 - • E. Transportation and Communication: 1. Convention centers, auditoriums. 2. Ferry, seaplane, and helicopter facilities. 3. Mass transit terminals and multimodal centers. 4. Off - Street business parking structures and lots. 5. Radio stations, TV stations, and newspaper buildings. 6. Vehicular rental services facilities, including light trucks, automobiles, motorcycles, mopeds, and bicycles. 7. Vessel moorage, including marinas and docks for pleasure boats, Coast Guard vessels, and submarines. II I • .. 17.24.080 Accessory Uses. Accessory uses determined by the Director of Community and Economic Development to be compatible with the intent of this Chapter are permitted. 17.24.160 Conditional Uses. A. Boat sales, marine items, and related servicing facilities. B. Fire Stations. C. Glass stores. D. Microbreweries. E. Self- service gas islands and gasoline service islands, accessory to convenience or grocery stores. Shopping eenhx�, exe ,000 square feet rn bui ldrng floor an. a. FG. Social service agency buildings providing 24 -hour residential care. II. Snperiirarkcts. T. Utility buildings and structures. ffi. Other uses compatible with the intent of this Chapter. 17.24.200 Area and Dimensional Requirements. A. Minimum Lot Area: 3,500 square feet - . Residential uses on the first floor or above with a primary commercial use located fronting that portion of the site facing a street shall comply with the RHD rear setback requirements. arca B. Minimum Lot Width: 25 feet. C. Setbacks /Building Envelope Distances: Side: None, except no structure shall be built within 10 feet of any property that has a residential zoning classification. No side yard required when abutting a commercial, green belt, or industrial zoned lot; except that for mixed commercial /residential structures a 7 -foot side yard shall be required. Rear: None, except no loading structure or dock shall be built within 15 feet of any alley. Front: At least 50% of the front property line shall be abutted by a building; provided, however, that for the purposes of this Section, a publicly accessible plaza, square, outdoor dining area, or similar area shall be considered a building. D. Maximum Lot Coverage: 100% maximum. -51- • • E. Maximum Building Height: 45 feet. Additional height may be approved through a conditional use permit process that considers the impacts upon existing views and solar protection, shadow impacts, and factors such as the height of the bluff south of First Street. F. Minimum Building Height. All new structures in the CBD shall have a minimum of two functional stories above adjoining street level. 17.24.210 Off - Street Parking: (See Chapter 14.40 PAMC). 17.24.220 Signs. Signs shall comply with Chapter 14.36 PAMC. 17.24.230 Design and Landscaping Standards. A. All outdoor storage areas, except those associated with municipal solid waste collection, shall be screened from public view from public rights -of -way and established marine and pedestrian routes. B. At least the first five feet of the 10 -foot setback area abutting a residential zone shall be landscaped. Landscaping shall include shrubs and trees of at least 6 -foot mature height capable of forming a visual screen. C. Drive -in facilities, including accessory uses such as drive -in windows ofbanks and restaurants, except for ferry terminals and parking lots and structures, are prohibited. CHAPTER 17.25 CR - COMMERCIAL, REGIONAL Sections: 17.25.010 Purpose 17.25.040 Permitted Uses. 17.25.080 Accessory Uses. 17.25.160 Conditional Uses. 17.25.200 Area and Dimensional Requirements. 17.25.210 Off - Street Parking. 17.25.230 Design and Landscaping. 17.25.010 Purpose. This is a commercial zone intended to create and preserve areas for businesses serving the entire region and needing an arterial location because of the nature of the business, intensity of traffic generated, or a demand for large land areas by the business. These types of commercial uses provide a multiplicity of goods and services in a single location and therefore require large areas for the building and parking. Commercial uses that are largely devoid of any impacts detrimental to the environment are allowed. Service stations with petroleum products and dry cleaning shops with hazardous materials are permitted uses. Such uses do not follow the basic land use pattern of the of the traditional townsite and are not typically pedestrian oriented. This zone offers vehicular access from major transportation corridors. -52- • 17.25.040 Permitted Uses: A. Retail: 1. Auto supply stores, service stations, self - service gas islands, car wash facilities, and tire shops. 2 New and used d. a1erships of tvinobilcs, -s, tIca rs, meter. yeles, 23.. Building material stores, cabinet shops, glass stores, hardware stores, lumber yards, paint stores, and plumbing supply stores, 34. Businesses selling medical supplies, goods, instruments, medicine, and similar items. 45. Commercial recreation establishments, such as bowling alleys, theaters (movie and others), skating rinks, driving ranges, putt -putt golf courses, climbing walls, and vi a arcades. 56. Farm equipment stores, garden supply stores, nurseries. 6�. 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 whi.Jithat have direct customer access to an alley abutting residentially zoned property, shall be conditional uses. 7$. Food item retail sales outlets, such as bakery shops, candy and ice cream stores, delicatessens, fruit and vegetable stands, grocery stores, liquor stores, meat and fish markets, including frozen or cold storage food lockers, and supermarkets. 89. 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. 9+0. Household furnishings stores, such as appliance stores, furniture stores, office equipment stores, and stereo stores. 11. Mortuaries. 1012. Motels, hotels and hostels. 11. Dealerships ofnew and used automobiles, trucks, trailers, motorcycles, recreational vehicles, tractors. boats, including related sales, leasing, renting, and servicing. 12+3- Specialty shops, such as gift, florist, hobby, antique, candy, ice cream, movie rental, bicycle, book, computer, toy, and retail pet stores. , 1314. Shopping centers. B. Services: 12. Art galleries and museums. 23-. Business colleges trade schools, and personal instruction such as music, art, and dance schools. 34. Business parks and professional offices. 45. Business services offices, such as accounting, tax, employment, and management consulting services. 56. Cemeteries. 6�. Chemical dependency treatment and detoxification centers. 7$. Child day -care centers and pre - schools. 89. Churches. l 0 D�toxifieation centers. -53-- • • Equipment rental stores. 10+2. Financial services offices, such as trail on stures, banks {including • .. .. •• financial institutions, insurance Lanlp , and real estate services offices. ges, 11 +5. Frozen food or cold storage lockers. 12+5. Funeral homes and mortuariespailu��. 13 +7. tailor shops. v��nn��ina .. Laundries, commercial, dry cleaning shops, laundries, self - service and 14+9. Libraries. 15+9 . Medical /dental offices and clinics and laboratories. 1626. Personal services facilities, such as barber sand beauty shops, exercise and reducing studios, and travel agencies. 172+. Printing, blueprinting, photo developing and reproduction, and sign shops. 1822. Public parks and recreation facilities. 1923. Repair services shops, such as appliance repair, shoe repair, and TV and stereo repair services. 2024. Veterinary offices, clinics, and kennels. C. Institutional: 1. Social clubs, lodges, and fraternal organizations. 2. Schools D. Residential: 1. Reconstruction, remodeling, or improvements to residential structures existing or established prior to January 1, 2007. 2f. Residential uses on the first floor or above with a primary commercial use located fronting that portion of the site facing an arterial street. RIID zone and comply with the 2. Mabile -ironre pal S. 4. Multiple- fai y NNTL, 11ingb E. Transportation and Communication: 1. Convention centers, auditoriums. 2. Airplane and helicopter facilities. 3. Mass transit terminals. 4. Parcel delivery service terminals. 5. Radio stations, TV stations, and newspaper buildings. 6. Vehicular services buildings, such as ambulance service, automotive and truck rentals, and vehicle maintenance and repair shops, not including auto body and paint shops. F. Wholesale: 1. Storage services buildings, such as frozen food and cold storage lockers, mini - warehouses, transfer, moving and storage facilities. 2. Warehouse buildings and yards. 3. Wholesale stores. G. Mixed Commercial /Residential Development. -54- • 17.25.080 Accessory Uses. Accessory uses determined by the Director of Community and Economic Development to be compatible with the intent of this Chapter are permitted. 17.25.160 Conditional Uses. A. Auto body and paint shops. B. Drive -in restaurants, restaurants with cocktail lounges and taverns, 1C. h that have direct customer access to an alley abutting residentially zoned property. C. Fire Stations. D. Licensed impound yards. E. Massage parlors, saunas and steam baths, as primary use. F. Microbreweries. G. Off - premises outdoor advertising signs. H. Off - street business parking structures and lots. I. Recreational vehicles, vacation trailers, and campers courts and parks. J. Salvage and recycling buildings. K. Social service agency buildings providing 24 -hour residential care. L. Utility buildings and structures. M. Other uses compatible with the intent of this Chapter. 17.25.200 Area and Dimensional Requirements. A. Minimum Lot Area: 7,000 square feet - . Residential uses on the first floor or above with a primary commercial use located fronting that portion of the site facing an arterial street shall comply with the RHD rear setback ea requirements. B. Minimum Lot Width: 50 feet. C. Setbacks: Front: No setback requirement. Rear: No structure shall be built within the rear 15 feet of a lot that abuts an alley or a residential district. Side: No structure shall be built within 15 feet of any property that has a residential zoning classification or an alley. No side yard shall be required when abutting another commercially zoned lot, except that for residential and mixed commercial /residential structures a 7 -foot side yard shall be required. D. Maximum Lot Coverage: 60% E. Maximum Building Height: 35 feet. 17.25.210 Off - Street Parking. (See Chapter 14.40 PAMC.) 17.25.230 Design and Landscaping: A. All outdoor storage areas except sanitation receptacles associated with mechanized collection shall be screened from public -view from public rights -of -way and abutting property by a sight - obscuring fence 6 feet in height; except - sanitation ieeep c� associated with mechanized eull��tiu�l. B. All lighting on the site shall be directed or shaded so as not to shine directly on adjoining non - commercial property. -55- C. A 6 -foot sidewalk accompanied by a minimum 4 -foot landscape strip shall be required within the right -of -way adjacent to the front property line as well as adjoining arterial corridors. DO. A visual screen consisting of solid fencing, landscaping, or other materials, shall be provided in the yard abutting residentially zoned land. Such a screen shall be to a height of 6 feet. If landscaping is used, it shall include evergreen shrubs planted to form a hedge of at- feastthat will reach a height of 6 feet within three years of the planting date., except that Such screen shall be maintained to a maximum height of 6 feet. Aapproved vehicle driveways to an alley ; and Lxcept that sanitation receptacles associated with mechanized collection shall not be obstructed. Clear vision triangles shall be maintained. ED. All i gun-L, d parking ark,as shall me de landscaping of at las or .A11 required parking areas shall include landscaping of at least one tree for each group of 6 or fewer parking spaces with a minimum of two (2) trees, exclusive of any required perimeter landscaping. [Illustration - 11 parking spaces requires 2 trees: 12 spaces requires 2 trees; 13 paces requires 3 trees.] The trees shall be of a type approved by the City, and be at least 2" caliper at time of planting, and placed in a minimum planting area of 100 square feet. Trees shall attain a minimum height of at least 20 feet at maturity. Alternatively. landscaping plans with functionally compatible planters and equivalent vegetative cover may be submitted for approval by the Director of Community and Economic Development as mitigation for this requirement when site constraints deem necessary. F. Parking areas shall have interspersed landscaped islands and shall have no more than 8 consecutive parking spaces. Underground parking and parking included in a parking structure are excluded from this requirement. CHAPTER 17.31 PID - PLANNED INDUSTRIAL DEVELOPMENT OVERLAY ZONE Sections: 17.31.010 17.31.020 17.31.030 17.31.040 17.31.050 17.31.060 17.31.070 =. :: • : ' - : • • • ' - Procedure for Approval 17.31.080 Off- Sttcct Pal mg Pre - Application Review 17.31.090 Design and Landscaping 17 31 110 Procedure fur Approv al. 17.31.120 Pre- Application Review. 17.31.130 Application Procedure. 17.31.140 Routing and Staff Recommendations. 17.31.150 Planning Commission Public Hearing - Scheduling and Notice. Purpose Applicability. Permitted Uses. Permitted Modifications of Land Use Regulations. Standards. Basic Density. -56- • 17.31.160 Planning Commission Recommendation - Preliminary Development Plans. 17.31.170 City Council Action - Preliminary Development Plans. 17.31.180 Final Approval of Planned Industrial Development. 17.31.190 Planning Co�issi am en Rcview of Final Dcveloprncnt Pled. 17.31.200 City Council Final Action. 17.31.210 Building Permits. 17.31.220 Modifications After Final Approval. 17.31.010 Purpose. This Overlay Zone is to provide alternative zoning regulations in industrial zones, whidithat permit and encourage design flexibility, conservation and protection of natural amenities, critical areas, and innovation in developments to those regulations found in the underlying zone. It is intended that a Planned Industrial Development TOO may result in a mixed use environment of higher quality than traditional single use industrial development by use of a design process whiclithat includes within the site design all the components of a mixed use neighborhood, such as open space, circulation, building types, a variety of uses, and natural features, in a manner consonant with the public health, safety, and welfare. By providing an opportunity to develop or redevelop industrial zoned sites to incorporate mixed residential, commercial and light industrial uses together on the same site, open space amenities, convenient access to commercial needs and work opportunities, and efficient residential densities can be provided. A PID is not intended to provide areas exclusively for residential or commercial use in place of and to the exclusion of other uses allowed in the underlying industrial zone. It is also intended that a ' :. • • • : : • • - PID 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 open space, commercial, and residential uses that are not permitted in traditional industrial 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. Few heavy industrial uses are allowed in this overlay zone and then only conditionally, because of land use impacts associated with heavy industrial uses. This overlay zone provides for the opportunity to create self - contained mixed use neighborhoods with a variety ofhousing, commercial, and employment choices without following a standard system ofpublic streets and lot design and with allowances for mixed use, residential and commercial developments not usually permitted in industrial zones. These types of office, commercial, residential, and light industrial uses typically involve the need for a large campus -like site with amenities suitable for mixed use developments and buffering measures to reduce the impact of large scale development on adjacent uses. While industrial and commercial uses that are devoid of any impacts detrimental to the environment are allowed, vehicle service stations with petroleum products, automobile dealerships and other land intensive uses, entertainment businesses with adult -only activities, and a variety of manufacturing, maintenance, and repair shops using hazardous materials are prohibited uses. 17.31.020 Applicability. ' : .. .. PID may be established, subject to final approval of a proposal for a specific parcel or parcels of land, in all industrial zones whi.lrthat do not allow residential uses and may include land which -that is zoned PBP. A Plarmcd Industrial Dcvclap PID shall contain a minimum of one (1) acre. -57- • 17.31.030 Permitted Uses. Residential uses allowed in the RHD zone are allowed within a PID of less than 3.44 acres. provided that, for purposes of this Chapter a single family residence may be attached to another dwelling by common walls. Planned Industrial B. residential units. C. Single family residences. Adult family homes. Multi- family dwellings, apartments, duplexes, dormitories, accessory 17.31.040 Permitted Modifications of Land Use Regulations. The approval of a Planned Inlustlial DL'�lop111w rt PID may include modifications in the requirements and standards of the underlying land use regulations of the zone in which the project is located; subject to the limitations of this Chapter_, No approval shall include a modification, variance or waiver of the setback areas required by the underlying zones along the exterior property lines of the PID, or modification or waiver of the requirements of PAMC Title 15 Environmentally Sensitive Areas Protection, or of the requirements of the Shoreline Master Program except as provided in Chapter 173 -14 WAC. For the purpose of this sek-tioir, a s ision of the property. 17.31.050 Standards. The following standards shall apply to all Planned Industrial Developments: • A. All street and utility improvements shall be constructed to standards specified by the City of Port Angeles. Street widths may vary from widths required in the Subdivision Regulations, and interior circulation streets may be either public or private. Streets intended to be public must meet the minimum standards set forth in the City of Port Angeles Urban Standards and Guidelines manual. B. All PID Planned Industrial Developments that include residential uses shall devote at least 30% of the gross area of the site to common usable open space, half of which must be used for recreational purposes and none of which will be credited in the setback areas required along the exterior property lines of the PID. Street rights -of -way, driveways, parking lots, environmentally sensitive areas, and utility structures shall not be counted as part of the common usable open space. Common usable open space shall be maintained as an integral part of the site and may not be segregated as a separate parcel or parcels unless such parcels are to be owned by a homeowners association. Community recreation facilities and recreation structures shall be included in calculating the area devoted to common usable open space. C. All PID Planned Indtbtiial Developments that include residential uses and provide common open spaces, recreation facilities, private roads, utilities, parking areas or other similar developments within the boundaries of the PID shall provide for continuous and perpetual maintenance of those common amenities of the PID in form and manner acceptable to the City. D. Platting shall be required offor all projects whll, hthat involve or contemplate the subdivision of land. Lots in a platted PID ' :. .. • ay be sold to separate owners according to the separate lots as shown in the recorded plat whirl/that is approved in connection therewith. Development of all lots within the platted PID Planned -58- • • Industrial Develapnient shall be as shown in the approved PID. No further subdivision of land within the PID Planned Indust cal D� e1opment will be permitted unless a formal amendment to the PID is approved. E. Conditional Use Permits shall be required of all projects w ithat involve or contemplate conditional uses whiiehthat may be allowed in the underlying zone(s). No further conditional use permits, except home occupations, will be permitted within the PID Plana .d Indust opine nt unless a formal amendment to the PID is approved. F. For any underlying land use regulatory process that is consolidated through the PID overlay process, the criteria and development standards of that underlying land use regulatory process shall be met. Any subsequent land use decision made pursuant to an underlying land use regulatory process shall also require a formal amendment to the PID. G. To encourage design flexibility, conservation of natural amenities, and innovations wliiLl1that result in a higher quality environment than traditional development, site planning and architectural review wliidithat address the following criteria are required of all development in the PID. Where applicable, the design of a PIDs that includes residential uses shall accomplish the following to the greatest extent possible: 1. Preserve unique physical features of the site including, but not limited to, creeks, wetlands, ravines, bluffs, lakes or ponds, shorelines, and forest areas. 2. Preserve scenic view corridors, both internal and external to the site. 3. Provide recreation facilities including, but not limited to, bicycle or pedestrian paths, children's play areas and playfields. 4. The design of all open space areas and building structures shall be compatible with and complementary to the environment in which they are placed. H. All PID Planned Industrial Dwulapnient shall comply with the goals and policies of the Port Angeles Comprehensive Plan. 17.31.060 Density. Every PID shall be allowed the density of the underlying zone or zones in which the site is located on the portions of the site exclusive of environmentally sensitive areas. Density credits for environmentally sensitive areas protected by Title 15 PAMC shall be allowed in addition to the base density calculated for the buildable area of the site per Section 15.20.070(F) and Section 15.24.070(F). 17.31.070 Procedure for Approval. The procedure for approval of a PID shall be composed of four steps: A. Conceptual plan submittal and neighborhood meeting. This step occurs before an application is accepted as complete by the City. B. Public hearing on the preliminary development plan and, if applicable, the preliminary plat and other permit actions. This step results in a recommendation by the Planning Commission to the City Council of an action to be taken on the proposal; C. Approval by the City Council at a public meeting of the preliminary development plan and other actions as applicable; and D. Action on the final development plan and plat by the City Council following a public hearing. Final approval may only be granted after all conditions of approval have been met or bonded for by the applicant. No lots may be offered for sale prior to preliminary plat approval by the City Council. 17.31.080 Pre - Application Review. Prior to applying for a PID, a developer shall submit a conceptual plan to the Department of Community and Economic Development -59- • (DCED). The conceptual plan-will be reviewed for its general compliance with the intent, standards and provisions of this Chapter and other City ordinances by the appropriate departments of the City, and written comments in regard to the plan will be furnished to the developer. The conceptual plan shall contain in sketch form all of the information required in Section 17.31.130F and G. After the conceptual plan review and prior to accepting a PID application, the City shall require a neighborhood meeting. The neighborhood meeting shall be organized and sponsored by the proj ect proponent, including reservation of a meeting space and notification of surrounding property owners pursuant to Section 17.96.140 PAMC. The purpose of the meeting will be to solicit information regarding design alternatives to minimize any adverse impacts from the PID and to alleviate community concerns. 17.31.090 Design and Landscaping A A minimum five -foot landscaping area shall be provided abutting public rights -of -way, except for approved curb cuts. B. All lighting on the site shall be directed or shaded so that it does not shine directly on adjoining non - industrially zoned property or on public rights -of -way. C. A ten -foot wide buffer zone must be maintained adjacent to all residential or commercial uses, whidithat buffer zone shall not be used for storage, driveways, auto parking, or structures, except security fences. A visual screen, consisting of solid fencing, landscaping, or other materials, shall be provided in the buffer zone. Such a screen shall be to a height of 6 feet. If landscaping is used, it shall include evergreen shrubsplanted to form a hedge that will reach a height of 6 feet within three years of the planting date. Such screen shall be maintained to a maximum height of 6 feet. Approved vehicle driveways to an alley and sanitation receptacles associated with mechanized collection shall not be obstructed. Clear vision triangles shall be maintained. ana siiaii nave a Haig at .All required parking areas shall include landscaping of at least one tree for each group of 6 or fewer parking spaces with a minimum of two (2) trees, exclusive of any required perimeter landscaping. [Illustration - 11 parking spaces requires 2 trees: 12 spaces requires 2 trees: 13 spaces requires 3 trees.] The trees shall be of a type approved by the City, and be at least 2" caliper at time of planting, and placed in a minimum planting area of 100 square feet. Trees shall attain a minimum height of at least 20 feet at maturity. Alternatively, landscaping plans with functionally compatible planters and equivalent vegetative cover may be submitted for approval by the Director of Community and Economic Development as mitigation for this requirement when site constraints deem necessary. 17.31.110 Procedure fur Approval. The proa,dure fur approval of a Plaimcd ev.dopnient sip pesos at r. ur sty ps. -60- C. Public inecting ? ry the Planniite, CU1111 : . • . • - - - - - . . • •1 • I • . • .. :.. . . • . • .. . • - - - ' - - , • • • v . , . -by -lire- -Eity D. Approval of the final devel oilmen t- plan. anE plat Caarn,d 17.31.120 Ike - Application Review. P1jai u-app lying fir a PID, a devdnper s11a11 ittci this Chaptcr and other City ordinances by the apprapt -ate dcpartlnc of the City, an w i Lammcnt in i egal d to the platl will 1 e fui nishcd to the dcvcl ape r. The colic, ptaal plan shall 'on ca tai in sketch farm all of the information require in cc 17.31.090E and G. 17.31.130 Application Procedure. The application for a PID Planncd Indtrstiial following: Dwe1opment shall contain the A. The name, location and legal description of the proposed development, together with the names, addresses and telephone numbers of the recorded owners of the land and of the applicant and, if applicable, the names, addresses and telephone numbers of any land surveyor, architect, planner, designer, or engineer responsible for the preparation of the plan, and of any authorized representative of the applicant.; B. A narrative explaining the proposed use or uses of the land and building, including but not limited to, the proposed number of dwelling units by type, such as single family detached, row housing, and apartments; information on any special features, conditions of which cannot be adequately shown on drawings; types of commercial structures and required parking; and an explanation of any covenants, continuous maintenance provisions, and /or homeowners association for the project :, C. A survey of the property showing existing features, including, but not limited to, total site area, contours at 5 -foot intervals, buildings, structures, streets, utility easements, rights -of -way, environmentally sensitive areas, and existing land uses : : -: D. If the site has been previously used as an industrial site where petroleum products, pesticides, or other hazardous chemicals or products were used or stored, a soil survey indicating the location and amounts of pollution on the site. When hazardous levels of pollutants are found, a clean -up or remediation plan is required.. -: E. A vegetation survey of the property by either (a) an aerial photograph of the property in a scale acceptable to the City, vvhidrthat identifies significant groupings of trees and unusual or fine specimens of their species; OR (b) a survey of all trees over twelve inches in trunk diameter measured at four feet above the ground; as determined by the Dircc al u1 Carnmunity Dwdop111eiit DCED, in those areas where improvements are proposed. General wooded areas where no improvements are proposed will require a vegetation survey containing the following elements: 1. A mapping of the extent of the wooded areas with survey of perimeter trees only. 2. A narrative regarding the types (species) and condition of the trees and under -story in the wooded area. 3. Identification of trees wllidrthat are unusual or fine specimens of their species. -61- • 4. In general wooded areas where minor improvements are proposed, a survey of trees over twelve inches in trunk diameter measured at four feet above the ground will be required to a reasonable distance around the improvements. I Preliiaiiraiy si pleas showing eArsting and plop eantuars at J -lw Preliminary site plans and calculations including but not limited to: 1. Existing and proposed contours at 5 -foot intervals, 2. Location and principal dimensions of buildings, 3. Total footprint area of buildings, 4. Size and location of open space areas, 5. Size and location of environmentally sensitive areas, 6. Size and location of recreation areas, 7. Size and location of paved areas using permeable paving systems, 8. Landscape areas, 9. Subdivision platting and general arrangement of lots, 10. Density of project expressed as residential units per acre. G. A preliminary plat, if applicable, pursuant to Chapter 58.17 RCW and Chapters 16.04 and 16.08 PAMC. H. If a developer elects to obtain additional density credits, the site plan application shall contain specific information relating to the additional density credit criteria for environmentally sensitive areas of Section 17 70 061 15.20.070, and for wetland buffer areas of Section 15.24.070 -, I. Preliminary elevation and perspective drawings of project structures.. J. A preliminary utilities plan, including fire hydrant locations -;_ K. A preliminary storm drainage plan with calculation of impervious areas -i L . An —of€ meet parking —plea and circulation plan showing all means of vehicular and pedestrian ingress and egress to and from the site 71 size and location of driveways, streets, sidewalks, trails, and parking spaces. Any new traffic control devices required for the safety of the project must be shown. -.1 M. A phasing plan if the project is designed to be completed in phases; NM. Mailing labels as required for public noticcof property owners within 300 feet of the site pursuant to Section 17.96.140 PAMC. 17.31.140 Routing and Staff Recommendations . Upon receipt of an application satisfying the requirements of Section 17.3 D90130, the DCED Dcpartment of Communtiy shall route the same to all appropriate City Departments. Each such department shall return recommendations and comments regarding the application to DCED. The Community Developmcnt DCED shall prepare a report to the Planning Commission summarizing the factors involved, the recommendations of other departments, and the DCED including Dcpartment of Community and Economic Development recommendation and findings and conclusions. 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. -62- • • 17.31.150 - Planning Commission Public Hearing - Scheduling and Notice. Upon receipt of an application satisfying the requirements of Section 17.31.090, the Department DCED shall schedule a public hearing before the Planning Commission. Public notice shall be given as provided in §17.96.140. _ • • or 17.31.160 Planning Commission Recommendation - Preliminary Development Plans. Prior to making a recommendation on an application for a preliminary Planned PID, the Planning Commission shall hold a public hearing. The Planning Commission's recommendation on PID density shall be based upon Sections 17.31.010, .060 and .100, and th approval, denial, or approval with modifications or conditions shall be forwarded to the City Council in written form based upon compliance with Section 17.31.050 and the following criteria: A. The proposed development will comply with the policies of the Comprehensive Plan and further—the attainment of the objectives and goals of the Comprehensive Plan. B. The proposed development will, through the improved utilization of open space, natural topography, densities, landscaping and integrated circulation systems, create a mixed use environment of higher quality than that normally achieved by traditional development. C. The proposed development will be compatible with adjacent,, existing, and future developments. D. All necessary municipal utilities, services, and facilities, existing and proposed, are adequate to serve the proposed development. E. The iInternal streets serving the proposed development are adequate for the to serve anticipated traffic levels and the street system of the proposed development is functionally connected by an improved collector street to at least one improved arterial street. F. If the development is planned to occur in phases, each phase shall meet the requirements of a complete development. Developments of less than 3.44 acres shall not be done in phases. • / • • 1 17.31.170 City Council Action - Preliminary Development Plans . The City Council shall, at a public mecting, consider the recommendation of the Planning Commission at a public meeting. The Council may approve, deny, or approve with modifications or conditions the submitted preliminary development plans. Approval shall be by Council action whiehthat incorporates the approved preliminary development plans by reference and shall include findings based upon Scction 17.31.060, .100, and .190. and conclusions. 17.31.180 Final Approval of Planned Industrial Development . Application for final approval of the PID • : :. shall be submitted within one year of preliminary development plan approval; provided that for phased PID's each phase shall have an additional one -year period for final approval; and provided further that an applicant may apply to the Planning Commission, and the -63- • • Commission may approve, one or more one -year extensions as the Commission may deem appropriate. The site must be under one ownership prior to final approval by th arming Commission and City Council, and the application for final approval must be made by the owners of the entire site. The application shall include the following: A. A title report showing record ownership of the parcel or parcels upon which the PID is to be developed. B. Guarantee ensuring the retention and continued maintenance of common open space, recreation facilities, environmentally sensitive areas, stormwater management structures and facilities, and recreation structures. If development is to be done in phases, each phase must meet the requirements of this Section. C. Final development plans, wlthat shall be in compliance with the approved preliminary development plans. D. The final plat, if applicable, pursuant to Chapter 58.17 RCW and Chapter 16.04 and 16.08 PAMC E. Development schedule for future phases. F. Bond or other form of security acceptable to the City in a sufficient amount to complete the project or submitted phase, as determined by the City. recommendation to the City Council for approval shall include findings on the following. . • • - -,- • -- ; ; . ntcnancc of required common open space C. The final plat, if applicable; and D. Bonding or other acceptable form of security for the whole or specific parts of the project. 17.31.200 City Council Final Action . The City Council shall review the application for final approval at a public hearing, notice of which shall be given as provided in Section 17.96.140, and shall approve, deny, or approve with modifications the final development plan and, if applicable, the final plat. Approval of the final development plan shall be by ordinance and a copy of the final PID shall be filed with and made a part of said ordinance. The Zoning Map shall be amended to indicate the extent of the approved PID and all future development of the site shall be in conformance with the approved PID. 17.31.210 Building Permits. The Building Division shall issue building permits for buildings and structures whichthat conform withto the approved final development plans for the PID Planned Indttstiial-Devk lopinent and with all other applicable City ordinances and regulations. The Building Division shall issue a certificate of occupancy for completed nonresidential buildings or structures whidrthat conform to-the requirements of the approved final development plans and all other applicable City and state ordinances and regulations for such occupancies. The construction and development of all-the common usable open spaces, including recreational facilities, and other public improvements of each project phase must -64- • be completed before any certificates of occupancy will be issued; except when bonds or other acceptable forms of security are deposited assuring the completion of such facilities within six months of approval of final PID. 17.31.220 Modifications After Final Approval. The final approval shall be binding upon the development_, and 1 Design variations from the plan must be submitted to the Planning Commission and City Council for approval and amendment of the ordinance, except for minor changes, as follows: The DCED Department of Community Ikdulopment is authorized to allow minor adjustments in the development schedule, location, placement, height, or dimension of buildings and structures, not to exceed an alteration of ten percent in height or ten feet in any other direction, when such minor changes and alterations are required by engineering and other circumstances not foreseen or reasonably foreseeable at the time of approval of the final development plans; except that such adjustments shall not increase the total amount of floor space authorized in the approved final PID, or-the number of dwelling units or density, or-decrease the amount of parking or loading facilities, or-permit buildings to locate closer to the closest boundary line, or- decrease the amount of open space or environmentally sensitive areas, or-decrease the recreation facilities, or-change any points of ingress or egress to the site, or extend the development schedule for not more than twelve months. CHAPTER 17.32 IL - INDUSTRIAL, LIGHT Sections: 17.32.010 Purpose. 17.32.020 Permitted Uses. 17.32.030 Accessory Uses. 17.32.040 Conditional Uses. 17.32.050 Area and Dimensional Requirements. 17.32.060 Off - Street Parking. 17.32.080 Design and Landscaping. 17.32.010 Purpose. This is an industrial zone intended to create and preserve areas for industrial uses whichthat are largely devoid of exterior nuisances in close proximity to airports and highways. Permitted uses are largely devoid of exterior nuisance factors, such as noise, glare, air and water pollution, and fire and safety hazards on adjacent non - industrial property, and do not have an exceptional demand on public facilities. These types of industrial uses typically involve the manufacture of finished products from pre- fabricated materials, product wholesaling, and material storage. Buffering measures to reduce the impact of industrial uses on nearby residential uses may be required. While industrial and commercial uses that are largely devoid of any impacts detrimental to the environment are allowed, vehicle service stations with petroleum products and entertainment businesses with adult -only activities are also permitted uses, and a variety of maintenance and repair shops with hazardous materials are also conditionally permitted uses. This zone provides the basic urban land use pattern for light industrial uses with direct access on an arterial street, design standards for greater truck traffic, and buffers for nonindustrial uses. -65- • 17.32.020 Permitted Uses. A. Manufacturing buildings for: 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 ofmetal products, such as small arms, pens, office furniture, tools, and household appliances. 7. Microbreweries. 8. Assembly of mobile and modular homes and home components. 9. Wood products, such as cabinets, furniture, fixtures, and pre- fabricated building components. B. Retail Buildings: 1. Adult entertainment businesses. 2. Auto and truck service stations, gasoline service islands. 3. Chain saw sales and service stores. 4. Cocktail lounges and taverns. 5. Restaurants and cafes. 6. Retail . sales, such as hardware stores, lawn and garden equipment and supplies, hand tools, building aiaLtia6, electrical, and plumbing materials and supplies. C. Wholesale Distribution: 1. Warehouse buildings and yards. 2. Wholesale stores. D. Services: 1. Building maintenance and janitorial services buildings. 2. Equipment rental stores, including heavy equipment. 3. Funeral homes and mortuaries. 43 Laundry and dry cleaners buildings. 54. Machinery maintenance and repair shops. 65. Mini - warehouses. 76. Business and professional offices. 87. Research and development laboratories. 9$. Storage yards and maintenance shops for builders, contractors, and governmental agencies. 109. Small animal veterinary clinics, offices, and kennels. E. Transportation and Communication: 1. Airports, airport terminals, and related facilities. 2. Freight companies terminals. 3. Household moving and storage buildings. 4. Mass transit terminals. 5. Off - street business parking structures and lots. 6. Parcel delivery service buildings. 7. Printing, publishing, and book - binding buildings. -66- • • 8. Vehicular services facilities, such as automotive and truck rentals, vehicle maintenance and repair shops, auto and truck body and paint shops, and auto and truck engine repair shops. 9. Utility buildings and structures. 17.32.030 Accessory Uses. Accessory uses determined by the Director of Community and Economic Development to be compatible with the intent of this Chapter are permitted. 17.32.040 Conditional Uses. A. Manufacturing buildings for: 1. Processing of food products, such as meat, fruit, vegetables, seafood, beverages, vegetable oils, and dairy products. 2. Pharmaceutical and drug products. 3. Plastic and other synthetic products. 4. Specialized small mechanical parts, tools, die - casting, bearings, patterns, and other similar products, welding shops, and machine shops. B. Other: 1. Agricultural uses, defined as commercial farming and animal husbandry. 2. Fire stations. 3. Off - premises outdoor advertising signs. 4. Public juvenile detention facilities, where: a. The average daily noise levels (ldn) do not exceed 45 decibels for interior sleeping quarters, or such other standard as is generally accepted; and b. The existing and potential industrial uses will not adversely impact the detention center. 5. Public parks and recreation facilities, where: a. The average daily noise levels (ldn) do not exceed 45 decibels for interior portions of the buildings; b. There are no existing industrial uses in the vicinity which would adversely impact the use; and c. In the event a change in circumstances is found by the Planning Commission wIIiLlithat would result in potential adverse impacts on or land use conflicts to an approved use, the conditional use permit shall become void and the use shall cease. 6. Radio towers exceeding thirty -five (35) feet. 7. Social service agencies providing 24 -hour residential care, where a. The average daily noise levels (ldn) do not exceed 60 decibels for exterior portions of the site and 45 decibels for interiors of living quarters; b. There are no existing industrial uses in the vicinity W1��l that would adversely impact the residential use; and c. In the event a change in circumstances is found by the Planning Commission whiehthat would result in potential adverse impacts on or land use conflicts to an approved residential use, the conditional use permit shall become void, and the residential use shall cease. 8. Small scale sawmills, where: a. The sawmill, including the sawmill site and the total area of operations, occurs on an area of one -half acre or less, including the storage of logs and finished products; -67- • • b. The gross weight of the sawmill is no greater than ten thousand pounds; c. The hours of operation are limited from 7:00 a.m. to 6:00 p.m. Monday through Friday; d. All lighting is directed away from residential areas; e. Noise levels comply with Chapter 173 -60 WAC, to the extent applicable; and f. Wood waste management is conducted to avoid excessive accumulation of wood waste. 9. Artist work /live studios where the residential use is subordinate to the working studio use. 109. Other uses compatible with the purpose of this Chapter. 17.32.050 Area and Dimensional Requirements. A. Minimum Lot Area: 7,000 square feet. B. Minimum Lot Width: None. C. Setbacks: Front: 25 feet, except 35 feet abutting a residentially or commercially zoned property. Rear: 25 feet, except 35 feet abutting a residentially or commercially zoned property. Side: 15 feet, except 25 feet abutting a residentially or commercially zoned property. D. Maximum Lot Coverage: None. E. Maximum Height: 35 feet. 17.32.060 Off - Street Parking. (See Chapter 14.40 PAMC). 17.32.080 Design and Landscaping. A. A minimum five -foot landscaping area shall be provided abutting public rights -of -way, except for approved curb cuts. B. All lighting on the site shall be directed or shaded so that it does not shine directly on adjoining non - industrially zoned property or on public rights -of -way. C. A ten -foot wide buffer zone must be maintained adjacent to all residentially or commercially zoned property, which buffer zone shall not be used for storage, driveways, auto parking, or structures, except security fences. Such a screen shall be to a height of 6 feet. Approved vehicle driveways to an alley and sanitation receptacles associated with mechanized collection shall not be obstructed. Clear vision triangles shall be maintained.* in the Luffa Lone. Suti,h a set een shall Leto a height of 6 feet -li landscaping is used, it sly ne tree shall t,e ploy' etea tui uaell group Ot lv parK ng spares, ilk, a heig at as 20 feetat matunty.All required parking areas shall include landscaping of at least one tree for each group of 6 or fewer parking spaces with a minimum of two (2) trees, exclusive of any required perimeter landscaping. [Illustration - 11 parking spaces requires -68- • • 2 trees; 12 spaces re•uires 2 trees: 13 s aces re•uires 3 trees. The trees shall be of a tpe approved by the City, and be at least 2" caliper at time of planting, and placed in a minimum planting area of 100 square feet. Trees shall attain a minimum height of at least 20 feet at maturit . Alternative) landsca. in .lans with functional) com. atible .lanters and equivalent vegetative cover may be submitted for approval by the Director of Community and Economic Develo.ment as miti • ation for this requirement when site constraints deem necessary. E. . Parking areas shall have interspersed landscaped islands and shall have no more than 8 consecutive parking spaces. Underground parking and parking included in a parking structure are excluded from this requirement. CHAPTER 17.34 IH - INDUSTRIAL, HEAVY Sections: 17.34.010 Purpose. 17.34.020 Permitted Uses. 17.34.030 Accessory Uses. 17.34.040 Conditional Uses. 17.34.050 Area and Dimensional Requirements. 17.34.060 Off - Street Parking. 17.34.010 Purpose. This is the least restrictive industrial zone intended to be the area in whiehthat heavy industry could develop causing the least impact on other land uses. Significant adverse impacts can be expected from permitted industrial uses that involve hazardous materials, noise, air and water pollution, shift work around the clock, entertainment businesses with adult -only activities, and outside storage yards and manufacturing activities. This zone provides the basic urban land use pattern for heavy industrial uses with direct access to major transportation facilities, design standards for greater truck traffic, and buffers for nonindustrial uses unless deemed impractical. 17.34.020 Permitted Uses. A. Automobile body, fender, laundry, paint shops and wrecking yards. B. Bakeries, wholesale. C. Battery rebuild, tire repair & recapping. D. Boiler works. E. Book, newspaper & magazine printing & publishing. F. Bottling plants, creameries. G. Cabinet and carpenter shops. H. City pound (animal shelter). I. Draying, freight & trucking yards and terminals. J. Dry cleaning: clothes, carpets, rugs, laundries. K. Night club, pool hall, dance hall, boxing arena, penny arcade, shooting gallery, adult entertainment business, or similar amusement enterprise. L. Sawmills, paper mills, pulp mills. -69- • • M. Ship building, =tyrage, repair; boat havens, marinas. N. Storage yards; building rateials; tractors, trucks, boats, equipment. O. Transportation ^i' freight terrri.is rl. P. Truck, trailer, tract;ir. ±iiti_mo Oi- c;,'ci', repairing, overhauling, rental, or sales. Q. Utility buildingr, raid sttuctures. R. Small animal - -et .riii ;+.ry eL 1 CS, affj ;es, and kennels. S. Warehousing, distrdbtit ng plants. T. Wood products ii ani.ifacture. U. Manufacturing, lrocessing, packing, storage of: 1. alcohol 2. brick, tile or terra -cotta 3. brooms. brushes 4. celluloid or similar cellulose materials 5. cloth, cord or rope 6. concrete 7. electrical products and appliances 8. food and food products 9. kelp reduction 10. lumber 11. machinery 12. paper and pulp 13. prefabricated buildings 14. signs, all types 15. salt works 16. vegetable or other food oil. 17.34.030 Accessory Uses. Accessory uses determined by the Director of Community and Economic Development to be compatible with the intent of this Chapter are permitted. 17.34.040 Conditional Uses. A. Distillation of wood, coal or bones or manufacture of any of their by- products. B. Fire Stations. C. Fuel yards subject to the limitations contained in PAMC 14.21.030 (B). D. Gas (illuminating or heating) manufacture or storage subject to the limitations contained in PAMC 14.21.030(A). E. Manufacturing, processing, packing, storage of: 1. asphalt 2. chemicals 3. ceramics 4. drugs, pharmaceuticals 5. perfumes 6. paint, lamp lilaek, varnish, oil, turpentine 7. plastics 8. soap and soap products, toiletries 9. tar roofing or waterproofing. F. Sale of marine supplies. G. Off - premises outdoor advertising signs. H. Power, light or steam plant. -70- I. Retail establis1i: n.ts incidental to a use permitted under Section 17.34.020 when located on the same zoning lot as the per ii_i teed use. J. Restaurants, cafeteri as. K. Artist work/live studios where the residential use is subordinate to the working studio use. LK. Other uses compatible with the intent of this Chapter. 17.34.050 Area and Dimensional Requirements. A. Minimum lot size: 7,000 sq. ft. B. 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 when abutting commercial or residential zones. Unless deemed by the City to be impractical, ineffective, or unnecessary, buffers shall be provided between industrial and other uses in order to mitigate nuisance and hazardous characteristics such as noise, particulate matter in the air, water or odor pollution, objectionable visual material, or other such impacts. C. Maximum Building Height: 75 feet. Height in excess of 75 feet may be allowed by conditional use permit and may require increased setbacks. D. Maximum Lot Coverage: None. 17.34.060 Off - Street Parking. (See Chapter 14.40 PAMC). A. All required parking areas shall include landscaping of at least one tree for each group of 6 or fewer parking spaces with a minimum of two (2) trees, exclusive of any required perimeter landscaping. [Illustration - 11 parking spaces requires 2 trees; 12 spaces requires 2 trees; 13 spaces requires 3 trees.1 The trees shall be of a type approved by the City, and be at least 2" caliper at time of planting, and placed in a minimum planting area of 100 square feet. Trees shall attain a minimum height of at least 20 feet at maturity. Alternatively., landscaping plans with functionally compatible planters and equivalent vegetative cover may be submitted for approval by the Director of Community and Economic Development as mitigation for this requirement when site constraints deem necessary. B. Parking areas shall have interspersed landscaped islands and shall have no more than 8 consecutive parking spaces. Underground parking and parking included in a parking structure are excluded from this requirement. CHAPTER 17.36 IM - INDUSTRIAL, MARINE Sections: 17.36.010 Purpose. 17.36.020 Permitted Uses. 17.36.030 Accessory Uses. 17.36.040 Conditional Uses. 17.36.050 Development Standards. 17.36.060 Off - Street Parking. 17.36.070 Signs. 17.36.080 Design and Landscaping. -71- • 17.36.010 Purpose. This is an industrial zor'e s_ntended to preserve industrial areas in the harbor for marine industrial twses, "titi-hL1ttl at are characterized as water dependent or water related. Because there is a very limited 'amount of shorelands adjacent to the Port Angeles Harbor, a zone that allows for mixed uses that do not adversely impact each other can maximize potential water dependent; water related, and water enjoyment uses of the harbor without excluding either industrial or nonindustrial uses being intermixed. Certain commercial, residential, public, and other mixed uses may be appropriately located in this zone, and, therefore, heavy industrial manufacturing uses, wlii.li hat have significant nuisance factors, shall not be located in this zone 17.36.020 Permitted Uses. A. Emergency stations, including lighthouses, marine rescue, oil clean -up, and other facilities. B. Institutional facilities, including marine laboratories and yacht clubs C. Marinas, including boat moorage, storage, repairs, sales, supplies, marine fueling, and other services to the boating public. D. Personal services facilities, such as barber shops, beauty shops, exercise and reducing studios, tanning salons, and travel agency offices. E. Recreational facilities, including public parks and piers, aquariums, waterfront trails, and water enjoyment commercial recreation establishments. F. Restaurants, cafes, cafeterias, cocktail lounges, delicatessens, and taverns. G. Specialty shops, such as antique, art supplies, bicycle, book, candy and ice cream, clothing, coffee and espresso, computer, florist, gift, hobby and toy, jewelry, kayak, pet, and video rental. H. Transportation terminals, including facilities for ferries, cruise ships, vehicle rentals, seaplanes, research vessels, mass transit, and other facilities for moving people not goods. 17.36.030 Accessory Uses. Accessory uses determined by the Community and Economic Development Director to be compatible with the intent of this Chapter are permitted. 17.36.040 Conditional Uses. A. Business, professional, and governmental offices incidental to a use permitted under Section 17.36.020 when located on the same zoning lot as the permitted use. B. Hotels, motels, convention centers, and auditoriums. C. Residential structures that are permitted in the RHD zone at the RHD density allowance area and dimensional requirements, except in areas designated as restricted clean- up sites. D. Upland aquaculture facilities. E. Warehousing and distribution facilities for goods and products. 17.36.50 Development Standards A. Area and Dimensional Requirements. 1. Minimum Lot Area: 2. Minimum Lot Width: -72- 7,000 square feet None. • 3. Setbacks Front: 25 feet Rear: 25 feet Side: 15 feet 4. Maximurii Lot Covera e: None. C. Maximum Building t6il ht: . 35 feet. 17.36.60 Off - Street Parking. (See Chapter 14.40 PAMC.) 17.36.70 Signs. A. One business sign for each wall not to exceed one square foot for each horizontal lineal foot of the building wall upon which it is mounted or 300 square feet, whichever is less, shall be permitted. B. One free - standing, detached business sign, not exceeding 15 feet in height and 35 square feet in area shall be permitted. C. Each public and private directional, traffic, and warning attached and detached sign shall not exceed 6 square feet in area. D. Signs may be lighted, but not intermittent or flashing. 17.36.80 Design and Landscaping. A. A 6 -foot sidewalk accompanied by a minimum 4 -foot landscape strip shall be required within the right -of -way adjacent to the front property line as well as adjoining arterial corridors. B. All lighting on the site shall be directed or shaded so that it does not shine directly on adjoining property or public right -of -way. C. A ten -foot wide buffer zone must be maintained from adjacent properties. This buffer zone shall not be used for storage, driveways, parking, or structures, except for fences. A visual screen, consisting of solid fencing, landscaping, or other materials shall be provided in the yard abutting residentially zoned landbuffcl zom... Such a screen shall be to a height of 6 feet. If landscaping is used, it shall include evergreen shrubs planted to form a hedge that will reach a height of 6 feet within three years of the planting date. Such screen shall be maintained to a maximum height of 6 feet. Approved vehicle driveways to an alley and sanitation receptacles associated with mechanized collection shall not be obstructed. Clear vision triangles shall be maintained. in t11G vistan 111anglc IorC,1Lyappr0Vcfl V1.1ACIC CliiVcWay ic SLiett 81 cl11Gy. D. All required parking areas shall include landscaping of at least one tree for each group of 6 or fewer parking spaces with a minimum of two (2) trees, exclusive of any required perimeter landscaping. [Illustration - 11 parking spaces requires 2 trees; 12 parking spaces requires 2 trees; 13 spaces requires 3 trees.] The trees shall be of a type approved by the City, and be at least 2" caliper at time of planting, and placed in a minimum planting area of 100 square feet. Trees shall attain a minimum height of at least 20 feet at maturity. Alternatively, landscaping plans with functionally compatible planters and equivalent vegetative cover may be submitted for approval by the Director of Community and Economic Development as mitigation for this requirement when site constraints deem necessary. -73- • • E. Parking areas shall have interspersed landscaped islands and shall have no more than 8 consecutive parking spaces. Underground parking and parking included in a parking structure are excluded from this requirement. CHAPTER 17.94 GENERAL PROVISIONS, CONDITIONS AND EXCEPTIONS Sections: 17.94.010 Foregoing Regulations Subject to This Chapter. 17.94.020 Lot Area Not to be Reduced, Exceptions. 17.94.030 Use of Lots or Parcels Containing More than Minimum Required Lot Area. 17.94.040 Measurement of Front and Side Yards. 17.94.050 hregnlar Shaped Late. 17.94.060 Yard Requirements for Property Abutting Half- Streets or Streets Designated by an Official Control. 17.94.070 Exception to Yard Requirement. 17.94.080 Yard and Unobstructed Space Regulations. 17.94.090 Vision Clearance. 17.94.100 Driveways. 17.94.120 Permitted Intrusions into Required Yards. 17.94.130 Lot Coverage Exemptions. 17.94A40 Walls; and Fencesedges. 17.94.150 Storage of Merchandise; or Vehicles in Yards and Rights -of -Way. 17.94.155 Use of Residential Streets. 17.94.170 Exceptions to Height Requirement. 17.94.180 Minor Deviations 17.94.010 Foregoing Regulations Subject to This Chapter. The foregoing regulations pertaining to the several zones shall be subject to the general provisions, conditions, and exceptions contained in this Chapter. 17.94.020 Lot Area Not to be Reduced, Exceptions. A. No lot area shall be so reduced or diminished that the lot area, lot width, yards or other unobstructed spaces shall be less than prescribed by these regulations for the zone in which it is located, nor shall the residential density be increased in any manner except in conformity with the regulations. B. For the purpose of encouraging the construction of off - street parking space under or within buildings rather than in rear, side or front yards, the following exceptions to minimum lot areas shall be permitted: For each 10 foot by 20 foot area to be permanently reserved and used for a parking space under or within a building, a lot area credit of 300 square feet shall be permitted. Said lot area credit can be deducted from the required minimum lot area, or can be used to increase -74- • • a proportional number ofpermi.!led dwelling units in motels and multi- family structures. Said lot area credit, however, shall not apply to the reduction of any building line setbacks. 17.94.030 Use of Lots or Parcels Containing More Than Minimum Rrequired Lot Area. When a lot contains substantially two or more times the minimum lot area required for the zone in which it is located, and the owner desires to use each unit of area equivalent to the minimum lot area as a separate building site, provided not more than four (4) such units result, and no dedication of streets, alleys, or other public ways, public easements or public utility easements are involved, such area units may be so utilized by resorting to the split lot procedures as prescribed in the subdivision code. When such units are thus defined, then all of the provisions of these regulations governing the use of a lot in the zone in which such property is located shall apply thereto. Each resulting unit shall be required to have frontage upon a dedicated public street or road. 17.94.040 Measurement of Front and Side Yards. Front yard requirements shall be measured from the front property line. Side yards abutting a street or alley shall be measured from the property line that abuts the right -of -way line. 17.94.060 Yard Requirements for Property Abutting Half - Streets or Streets Designated by an Official Control. A. A building or structure shall not be erected on a lot whichthat abuts a street having only a portion of its required width dedicated and where no part of such dedication would normally revert to said lot if the street were vacated, unless the yards provided and maintained in connection with such building or structure have a width or depth of that portion of the lot needed to complete the road width plus the width or depth of the yards required on the lot by these regulations. B. This section applies to all zones. C. Where an official control adopted pursuant to law includes plans for widening of existing streets, the connecting of existing streets, or the establishment of new streets, the placement of buildings and the maintenance of yards, where required by these regulations, shall relate to the future street boundaries as determined by said official control. 17.94.070 Exception to Yard Requirement. When the side lot line of a lot in any zone adjoins the side lot line of a lot in a more restrictive zone, then the adjoining side yard for such lot shall not be less than the minimum side yard required in the more restrictive zone. 17.94.080 Yard and Unobstructed Space Regulations. Except as provided in this Chapter, every required yard and unobstructed space shall be open and unobstructed from the ground to the sky. No yard or unobstructed space provided around any building for the purpose of complying with the provisions of these Regulations shall be considered as providing a yard or unobstructed space on an adjoining lot or parcel whereon a building is to be erected. -75- • • 17.94.090 Vision Clearance. hi all Residertc : .All corner and reverse corner lots shall maintain, purposes, a triangular area within which no tree, fence, shrub, wall or other physical obstruction shall be permitted higher than thirty (30) inches above the established grade for vision safety purposes. Said triangular area shall be measured as follows: A. Street Intersections - At any intersection of two street rights -of -way two sides of said triangular area shall extend twenty (20) feet along both right -of -way lines, measured from their point of intersection. B. Street and Alley Intersections - At any intersection of street and alley rights -of- way two sides of said triangular area shall extend ten (10) feet along both rights -of -way, measured from their point of intersection. C. Street and Driveway Intersections - At any intersection of a street right -of -way and a driveway, the sides of each required triangular area shall extend ten (10) feet along the street right -of -way line and twenty (20) feet along the edge of the driveway, measured from the point of intersection of each side of the driveway and the street right -of -way line. 17.94.100 Driveways. Width, location, and number of curb -cuts for driveways per lot shall be determined by standards designed by the City 's Department of Public Works & Utilities • 17.94.120 Permitted Intrusions into Required Yards. The following intrusions may project into any required yards: A. Fireplace structures not wider than eight (8) feet measured in the general direction of the wall of which it is a part. . B. Unenclosed, uncovered porches, terraces, or landings, when not extending above the first floor of the building, may extend not more than six (6) feet into the front yard setback, eight (8) feet into the rear yard setback and three (3) feet into the side yard setback. .. ' • :. , .. • ' . . •• , : Open railing or grillwork in conformance with the InternationalUni Building Code may be constructed around any such porch, terrace or landing. C. 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. DE. Porches, decks, platforms, walks, driveways, etc., not more than 30 inches above grade. ED. Eaves with a maximum overhang of thirty (30) inches. FE. Detached accessory buildings within them rear one third of a lot only-are permitted not closer than three (3) feet to side nor ten (10) feet to rear property lines or alleys. 17.94.130 Lot Coverage Exemptions. The following shall be exempt from the maximum lot coverage requirements of any of the- several zones: A. Sidewalks, driveways, and uncovered off - street parking spaces. B. The first thirty (30) inches of eaves. C. Uncovered swimming pools and hot tubs. D. Uncovered1 and unenclosed , . , : .: , •• ... decks and platforms not more than thirty (30) inches above grade, prove -76- • • 17.94.140 Walls; and Fesnces ges. In all tesidential and €commercial Zzones a wall; or fence, of hedge may be maintained to a maximum height of six (6) feet within-the building setback areas. All vision clearance requirements shall be maintained. 17.94.150 Storage of Merchandise; or Vehicles in Yards and Rights -of -Way. A. In Rresidential and €commercial Zzones, the storage of merchandise, appliances or vehicles in front or side yards shall be prohibited; provided, however, that car dealerships, boat sales, lumber yards, nurseries, and car rental services shall be exempt from this requirement. B. In no zone shall the storage of any articles or vehicles be permitted to extend into public rights -of -way. 17.94.155 Use of Residential Streets. Subject to any other regulation of the use of streets under this Code, no owner or occupant of land abutting a public street, whi.,lithat land or street is in a residential zone or is the boundary of a residential zone, may use such street for the habitual or overnight parking or storage of commercial motor vehicles or trailers. Excepted from this prohibition is the parking on the street of one commercially used vehicle whirl/that is driven to and from the work place by the owner or occupant of the dwelling unit. 17.94.170 Exception to Height Requirement. The height restrictions in this Title shall not apply to church spires, monuments, chimneys, antennas, water towers, elevator towers, mechanical equipment, and other similar rooftop appurtenances usually required to be placed above the roof level and not intended for human occupancy or the provision of additional habitable space; provided that mechanical equipment rooms and screening are set back at least ten feet from the edge of the roof and do not exceed t ten feet in height. 17.94.180 - Minor Deviations A. A minor deviation from front, side, and rear yard setbacks, lot coverage, and height requirements established in this title may be granted by the Director of Community and Economic Development in accordance with the provisions of this section. B. A minor deviation may be granted if all of the following findings are made: 1. The granting of the minor deviation is consistent with the purpose of the zone in which the property is located and the project is otherwise consistent with the requirements of said zone. 2. Because of special circumstance, the strict application of the zoning ordinance results in an undue hardship upon the applicant. 3. The minor deviation will not be materially detrimental to the public welfare or injurious to property or improvements in the vicinity and zone in which the subject property is located; and 4. The minor deviation is not greater than 10% of the requirement being deviated from. 5. The site has been posted and adjacent property owners notified fifteen (15) days prior to approval of the minor deviation. C. Any applications that are not granted a minor deviation by the Director of Community and Economic Development pursuant to this section must obtain a variance through the City's normal variance procedure as set forth in Chapter 2.52 PAMC. -77- • • CHAPTER 17.95 SPECIAL PROVISIONS Sections: 17.95.010 Vacated Streets. 17.95.020 Nonconforming Uses. 17.95.030 Nonconforming Building or Structure. 17.95.040 Yards to be Enclosed Within a Solid Fence. 17.95.050 Moving of Buildings. 17.95.060 Temporary Buildings. 17.95.080 Breezeway. 17.95.090 Exceptions to_Area Requirements. 17.95.100 Uses. 17.95.110 Non -Zoned Annexation Areas. 17.95.140 Billboards. 17.95.160 Parking Space Regulations. 17.95.170 Political Signs 17.95.010 Vacated Streets . Vacated streets, alleys, places and cul -de -sacs shall assume the zone classifications of the property vvitiehthat adjoined such street, alley, place or cul -de -sac prior to vacation. , and wW here zone classification differs from one side to the other, then the boundary line shall be at the former center line of such vacated street, alley, place, or cul -de -sac. 17.95.020 Nonconforming Uses. A. 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 (January 4, 1971), shall be permitted to continue but shall not be expanded. B. Repairs, Alteration, Remodeling, and 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, remodeling, or reconstruction meet all zoning and building code requirements and provided further that said alterations do not expand the building space or site area used by a non - conforming use. C. 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. D. 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. -78- • • E. Nonconformance as a Result of Anne °ation. All above regulations shall apply to each nonconforming use whiehthat comes within the City by means of annexation from date of annexation. 17.95.030 Nonconforming Building or Structure. A. Enlargement. An existing legal building or structure that does not comply with zoning and building code requirements shall not be enlarged, if such enlargement results in an increase in the degree of nonconformance. B. Restoration and Reconstruction. 1. When a legal nonconforming building or structure is damaged or demolished 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 or reconstructed, providing: a. Restoration or reconstruction is started within nine (9) months and is completed within 18 months of the date that damage or demolition occurred, or, if such date is unknown, then the date that the damage or demolition is reported, or reasonably capable of being reported, to the City. 2. When a legal nonconforming building or structure is damaged or demolished 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 restored or reconstructed, providing it conforms to all construction code and zoning regulations of the zone in which it is located. The extent of damage to or demolition of a nonconforming building or structure shall be determined by the Building Official. If any aggrieved party disputes the Building Official's determination of the extent of the damage or demolition, then a panel of three state - licensed architects /engineers, one to be chosen by the City, one by the building owner, and the third by the first two architects /engineers, shall make a final determination of the extent of the damage to or demolition of the nonconforming building or structure. All costs incurred in obtaining this final determination are to be paid by the aggrieved party. C. Minor Repairs. A legal nonconforming building or structure may have minor repairs performed as needed to maintain the building in a safe condition. D. Nonconformance as a Result of Annexation. All above regulations shall apply to each nonconforming structure or building whiehthat comes within the City by means of annexation. 17.95.040 Yards to be Enclosed Within a Solid Fence. A. Every wrecking, salvage, junk, and used lumber yard s, equipment and material storage yards, auction houses, or second -hand stores whiehthat, after the effective date of these regulations, exists as a nonconforming use shall in the interest of public safety, within six (6) months after the same becomes a nonconforming use, be completely enclosed within a building or within a continuous solid fence no less than six (6) feet in height or to a greater height if such height is needed to screen completely all the operations of such yards. The plans of said building or fence shall have first been approved by the Planning -79- • • Commission, and said building or fence shall be maintained in full conformity with any conditions attached to such approval. B. New uses shall be subject to site approval of the Planning Commission and shall be subject to any restrictions and modifications said Commission may stipulate. C. Noise abatement is to be enforced from 6:00 P.M. to 7:00 A.M. Burning of items on the premises is prohibited. D. Auction houses, second -hand barns, and salvage lumber and used parts establishments shall contain all items for display or sale within a structure or behind a sight - obscuring fence not less than six (6) feet in height. No part of any required front, side or rear yard shall be used for the sale or display of any said items. 17.95.050 Moving of Buildings . No building prcconstructed, either partly or completcly, shall be moved onto any site until such site and such building have been approved by the Building Official. 17.95.060 Temporary Buildings. A. Director of Commumty Development Decision. The Director of Planning Manager of the Department of Community and Economic Development may issucauthorize 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 but will be considered Development-at a public hearing before the Planning Commission. Requests for extensions of previously approved temporary use permits with specified time periods of authorization shall also be considered by the Dircctor of Community DevclopmcntPlanning Commission 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 Manager may appeal the decision to the City - -, -- , -I • Council. • 2. Appeals shall be submitted to the Department of Community and Economic Development in writing within fifteen (15) days following the date of the decision and shall pay and shall remit the fee set by resolution for such action. 3. The City Council shall conduct a public hearing on the appeal with notice being given as set forth in §17.96.140. The Council's decision shall be final unless appealed to Clallam County Superior Court in accordance with §17.96.150. -80- • • 17.95.080 Breezeway, If an accessory building is connected to a principal building by a breezeway the accessory building shall not be considered an cxtcnsion of and a part of the principal building. 17.95.090 Exceptions to Area Requirements . For the purpose of encouraging the construction of off - street parking spacc under or within a building rather than in rear, side, or front yards, the following exceptions to minimum lot areas shall be permitted. For each 10 foot by 20 foot area to be permanently reserved and used for a parking space under or within a building, a lot area credit of 300 square feet shall be permitted. Said lot area credit can be deducted from the required minimum lot area, or can be used to increase a proportional number of permitted dwelling units in motels and multi - family structures. 17.95.100 Uses. Any uses not expressly permitted in a specific zone mayarc to be reviewed by the Planning Commission for approval or denial in light of the zoning intentions and consistent with the Comprehensive Plan. 17.95.110 Non -Zoned Annexation Areas f Any area is-not zoned by the City prior to annexation shall automatically union annexation be classified and subject to the provisions, restrictions, and requirements of the zone most consistent with the City's Comprehensive Plan as determined by the City. 17.95.140 Billboards . For the purpose of interpretation and enforcement of this Zoning Code, billboards shall be limited to only CA Commercial, Arterial, IL Industrial, Light, or IH Industrial, Heavy Zones. Billboards shall be prohibited in all other zones. Where permitted, a billboard shall not be constructed closer than 35 feet to any property line. 17.95.160 Parking Space Regulations . All space used for the sale, display, or parking of any merchandise or vehicles shall be confined to the property lines. No space for the sale, display, or parking of any merchandise or vehicles shall be permitted in the right -of- way of any public street, unless a right -of -way use permit is first obtained. Discretionary approvals required under the Zoning Code may be conditioned to require the necessary screening, lighting, entrances, and exits for off - street parking. 17.95.170 Political Signs. Temporary political signs associated with an election are exempt from the City's zoning regulations until fifteen (15) days after the election, provided said signs, when placed in residential zones, do not exceed, thirty -two (32) inches in height and four (4) feet in width. No signs may be located within any public right -of -way or on any utility pole. -81- • • CHAPTER 17.96 ADMINISTRATION AND ENFORCEMENT Sections: 17.96.010 Scope of Regulations. 17.96.020 Interpretation 17.96.125025 Nonresidential Dwelling Prohibition. 17.96.030 Rules for Interpreting Zoning Boundaries. 17.96.040 Substandard Lots, Recorded Lots. 17.96.045 Zoning Lot Covenants - Applicability. 17.96.050 Conditional Use Permit. 17.96.060 Unclassified Use Permit. 17.96.070 Hearing and Appeal of Conditional or Unclassified Use Permit Applications. 17.96.080 Variances and Decisions of DireLtnDepartment of Community and Economic Development. 17.96.090 Filing Fees. 17.96.095 Zoning Initiation by the Planning Commission. 17.96.100 Amendments. 17.96.110 Subdividing. 17.96.120 Enforcement. 17.96.125 NomcsidLntia 17.96.130 Entry Upon Private Property. 17.96.140 Notice of Public Hearings. 17.96.150 Appeals. 17.96.160 Code Revisor. 17.96.170 Zoning Code Amendment. 17.96.180 Penalties. 17.96.010 Scope of Regulations. A. All buildings erected hereafter, all uses of land or buildings established hereafter, all structural alteration or relocation of existing buildings occurring hereafter, all enlargements of or additions to existing uses occurring hereafter, shall be subject to these Zoning Regulations whiehthat are applicable to the zones in which such buildings, uses, or land shall be located. B. Where a building permit for a building or structure has been issued in accordance with law prior to the effective date of these Zoning Regulations, and provided that construction has begun by said date, said building or structure may be completed in accordance with the approved plans on the basis of which the building permit has been issued, and upon completion may be occupied under a certificate of occupancy by the use for which originally designated, subject thereafter to the provisions in regard to nonconforming buildings, uses, and structures. 17.96.020 Interpretation. A. In the interpretation and application of these Zoning Regulations, the provisions of these Regulations shall be held to be the minimum requirements for the promotion of public health, safety, and welfare. -82- • • B. Where the conditions imposed by any provisions of these Zoning Regulations upon the use of land or buildings or upon the bulk of buildings are either more restrictive or less restrictive than comparable conditions imposed by any other provision of these Zoning Regulations or of any other law, ordinance, resolution, rule, or regulation of any kind, the regulations whiehthat are most restrictive (or hiLhthat impose higher standards or requirements) shall govern. C. These Zoning Regulations are not intended to abrogate any easement, covenant, or any other private agreement; PROVIDED that where these regulations are more restrictive (or impose higher standards or requirements) than such easements, covenants, or other private agreements, the requirements in these Zoning Regulations shall govern. D. No building, structure, or use whichthat was not lawfully existing at the time of the adoption of these Zoning Regulations shall become or be made lawful solely by reason of the adoption of these Zoning Regulations, and to the extent and in any manner that said unlawful building, structure or use conflicts with the requirements of these Zoning Regulations, said building, structure, or use remains unlawful. 17.96.125025 Nonresidential Dwelling Prohibition. House trailers, automobiles, automobile trailers, mobile homes, park model manufactured homes, boats, recreation vehicles, vacation trailers and campers shall not be used for residential purposes in the City of Port Angeles except in approved Trailer Parks or as permitted by Section 17.95.060 PAMC (Temporary Use Permit). 17.96.030 Rules for Interpreting Zoning Boundaries A. When uncertainty exists as to the boundaries of zones as indicated on the Official Zoning Map, the following rules shall apply: 1. Boundaries shown on the Zoning Map as approximately following the center line of streets, alleys, highways or City limits shall be construed as following such center lines and City limits. 2. Distances not specifically indicated on the Zoning Map shall be determined by applying the scale of the Map. 3. Where a zone boundary line parallel, or approximately parallel, to a street divides a lot or property in single ownership having street frontage in a less restrictive zone, the provisions applicable to the less restrictive zone may be extended to the entire lot, but in no case for a distance of more than twenty -five (25) feet. Where such zone boundary line divides a lot having street frontage only in a more restrictive zone, the provisions of these Regulations covering the more restrictive portion of such lot shall extend to the entire lot. 4. Where a zone boundary line divides a lot of single ownership and such line is at right angles or approximately at right angles to the street, highway or place upon which said lot fronts, the provisions of these Regulations applicable in the less restrictively zoned portion of the lot may be extended to the entire lot or for a distance of twenty -five (25) feet from such zone boundary line, whichever is the lesser distance. 5. Where a zone boundary line, as indicated on the Zoning Map, follows the top or bottom of a bluff or bank, such line shall be at the point whiehthat is the average grade of the slope for the bank and top, or bottom, as determined by the City Engineer. B. Interpretation on zoning boundaries shall be made consistent with the City's Comprehensive Plan goals, policies, and objectives. -83- • • 17.96.040 Substandard. Lots. Recorded Lots. When a lot has less than the minimum required area or width in any zone, and said lot was of record on the effective date of these Zoning Regulations (January 4, 1971), such lot shall be deemed to have complied with the minimum required lot area or width, in such zone. A building or structure may be permitted on said lot of record providing it meets all other requirements for such zone. 17.96.045 Zoning Lot Covenants - Applicability. Zoning lot covenants, as defined in PAMC 17.08.130(c), may be used only to allow a property owner to designate as a zoning lot two or more adjacent lots that either: A. Have onea legal residential structure encroaching onto all of tht, said lots; or B. Results in a lot that meets the zoning and subdivision requirements_; nr A Zoning Lot Covenant is not intended to allow the circumvention of applicable platting regulations and is intended to allow the consolidation of properties by a property owner for development and use by the owner. C. Results in a lot that does not meet the zoning and su visian requirementb, t ve1opni all aarets. The covenant shall be recorded with the County Auditor's Office and a copy of the recorded covenant shall be provided to the Department of Community and Economic Development. Once filed, the covenant may only be removed through compliance with Chapter 58.17 RCW and the City's subdivision and /or short plat regulations. (Ord. 2863 §1, 4/14/95) 17.96.050 Conditional Use Permit A. The Planning Commission shall consider applications for Conditional Use Permits of uses as specified in the applicable Chapter of the Zoning Regulations. The Planning Commission may grant said permits whiehthat are consistent and compatible with the purpose of the zone in which the use is located, consistent with the Comprehensive Plan, and not contrary to the public use and interest. The Planning Commission may refuse to issue a Conditional Use Permit if the characteristics of the intended use as related to the specific proposed site are such as would defeat the purpose of these Zoning Regulations by introducing incompatible, detrimental, or hazardous conditions. B. In each application the Planning Commission may impose whatever restrictions or conditions they consider essential to protect the public health, safety, and welfare, and to prevent depreciation of neighboring property. C. Purpose of a Conditional Use Permit: The purpose of a Conditional Use Permit shall be to assure that the maximum degree of compatibility between uses shall be attained. The purpose of these regulations shall be maintained with respect to the particular use of the particular site and in consideration of other existing and potential uses within the general area in which such use is to be located. D. The federal Fair Housing Act requires that reasonable accommodations be made in rules policies, practices, or services, when such accommodations may be necessary to afford disabled people equal opportunity to use and enjoy a dwelling. The Planning Commission is therefore authorized to make accommodations in the consideration of Conditional Use permits for group homes for disabled persons as defined in the federal Fair Housing Act, when the Commission determines that such accommodations reasonably may be necessary in order to comply with such act. -84- • • 17.96.060 Unclassified Uce Permit. A. The Planning Commission shall consider applications for Unclassified Use Permits of uses possessing characteristics of such unusual, large- scale, unique or special form as to make impractical including them in any zone of classified uses. The Planning Commission may grant said permits wlritchthat are consistent and compatible with the purpose of the zone in which the use is located, consistent with the Comprehensive Plan, and not contrary to the public use and interest. The Planning Commission may refuse to issue an Unclassified Use Permit if the characteristics of the intended use as related to the specific proposed site are such as would defeat the purpose of these Zoning Regulations by introducing incompatible, detrimental, or hazardous conditions. B. In each application the Planning Commission may impose whatever restrictions or condition it considers essential to protect the public health, safety, and welfare, and to prevent depreciation of neighboring property. C. Purpose of an Unclassified Use Permit: The purpose of an Unclassified Use Permit shall be to assure that the maximum degree of compatibility between uses shall be attained. The purpose of these regulations shall be maintained with respect to the particular use of the particular site and in consideration of other existing and potential uses within the general area in which such use is to be located. D. The following uses require an Unclassified Use Permit: 1. Aquaculture. 2. Correctional facilities. 3. Gun clubs, skeet shoots, target ranges, and firing ranges. 4. Hydroelectric dams. 5. Oil ports (facilities whichthat will result in the receipt of more than an average of 50,000 barrels per day of crude or refined petroleum wliiehthat has been or will be transferred over marine waters). 6. Petroleum refineries, liquefied natural gas and liquefied petroleum gas facilities, energy facilities, energy plants and their associated facilities and associated transmission facilities such as defined in Chapter 80.50RCW. 7. Processing and rendering of animal byproducts. 8. Quarrying and mining. 9. Refuse disposal sites, dumps, sanitary landfills, and incinerators. 10. Removal and processing of sand, gravel, rock, peat, black soil, and other natural deposits. 11. Transfer stations for refuse and garbage. 12. Wireless communication support structures that exceed the maximum building height specified by the particular zone. 13. Other uses possessing characteristics of such unusual, large - scale, unique or special form as to make impractical including them in any zone of classified uses. 17.96.070 Hearing and Appeal of Conditional or Unclassified Use Permit Applications. A. Notice and Hearing for Conditional or Unclassified Use Permits. Upon filing an application for a conditional or unclassified use permit in which the application sets forth fully the grounds for, and the facts deemed to justify, the granting of a Conditional or Unclassified Use Permit, the Planning Commission shall give public notice, as provided in PAMC 17.96.140, of the intention to consider at a public hearing the granting of a Conditional or Unclassified Use Permit. -85- s • The Planning Commission's decision shall be final unless appealed to the City Council. B. Decisions. Conditional or Unclassified Use Permit decisions issued by the Planning Commission, 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. A 14 -day appeal period shall commence upon such adoption. On the next business day following the effective date of the decision, or as soon thereafter as practicable, the Department of Community & Economic Development shall mail copies of the decision, findings,and conclusions to the applicant and anyone else who has in writing requested such notification and shall place a legal notice of decision in the local newspaper. C. Appeals. 1. Any person aggrieved by the decision of the Planning Commission may appeal the decision to the City Council. 2. Appeals shall be submitted to the Department of Community & Economic Development in writing within fourteen (14) days following the date of the decision. 3. The City Council shall conduct a closed record hearing on the appeal of the Planning Commission's decision. The Council's decision shall be final unless appealed to Clallam County Superior Court in accordance with PAMC 17.96.150. D. Permits Void After One Year. All conditional or unclassified use permits shall become void one year from the date of granting such permits if use of the land or buildings or applying for necessary building permits(s) has not taken place in accordance with the provisions in granting said requests. E. Extensions of Approved Conditional Use Permits. Extensions of approved conditional use permits shall be considered in accordance with the same procedures 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. Upon written request for an extension submitted to the Department of Community & Economic Development 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. F. Minor Amendment of Approved Conditional Use Permits. 1. Upon written request submitted to the Department of Community & Economic Development, a minor amendment may be made to an approved conditional use permit if: a. The amendment does not increase the intensity of the use by more than 10% of the original approval; b. The amendment will not be materially detrimental to the public welfare or injurious to property or improvements in the vicinity and zone in which the subject property is located; and c. The site has been posted and adjacent property owners notified fifteen (15) days prior to the decision. 2. Any applications that are not granted a minor amendment by the Dn cctoi of Community & Economic DL.vc1opm it pursuant to this section must obtain an amendment through the City's normal conditional use permit procedure. D •• 1. • • ... . • -86-- • • 17.96.080 Variances . and Decisions of Department Directel of Community and Economic Development. All requests for variances and appeals from decisions of the Department Diicttoi of Community and Economic Development shall be consideredhandled by the Board of Adjustment in accordance with its powers and rules. When a variance is denied, a new application for the same variance may not be submitted for a period of one year following the denial, unless there has been a revised proposal, significant change in circumstances or newad-ditirrnal information becomes available tom support of-thea variance. 17.96.090 Filing Fees. A fee for the filing and processing of applications for all permits required by this Title shall be paid at the time an application is submitted. The amount of the fee shall be as established by ordinance and set forth in Chapter 3.70 PAMC. 17.96.095 Zoning Initiation by the Planning Commission. On its own action, or if requested by the City Council, the Planning Commission shall cause to be prepared official controls whichthat, when adopted by ordinance by the City Council, will further the objectives and goals of the Comprehensive Plan. The Planning Commission may also draft such regulations, programs and legislation whichthat, in its judgment, are required to preserve the integrity of the Comprehensive Plan and assure its systematic execution., and l The Planning Commission may recommend such plans, regulations, programs and legislation to the City Council for adoption. 17.96.100 Amendments. A. In determining if an amendment to these regulations is needed, the City Council shall give due consideration to the proper relationship of such amendment to the Comprehensive Plan and the entire Zoning Regulations; it being the intent to retain the integrity and validity of the zones herein described and to avoid any isolated spot zoning changes in the Zoning Map. B. Any amendments adopted by the City Council may be modified from the form in which they were advertised within the limits necessary to relate properly such amendment or amendments to the Zoning Regulations. Final action on such modifications shall be subject to review and report of the Planning Commission prior to final passage by the City Council. C. No application for a change of zoning of any lot, parcel or portion thereof shall be considered by the City Council within one year of the final action of the Council upon a prior application covering any of the same described land. This provision, however, shall not impair the right of the Council to propose by itstheil own action any amendment or change in the boundaries of any of the zones in these regulations. 17.96.110 Subdividing. The City Council shall review all proposed subdivisions and shall have the power to approve or deny said plats and to require any modifications necessary to assure consistency with the Comprehensive Plan, and to standards, specifications, and regulations established by State law, by City of Port Angeles Subdivision Regulations, (Ch. 16.08 PAMC), and by this Title. 17.96.120 Enforcement. A. The Director of Community and Economic Development shall have the authority to enforce all provisions of this Ordinance. No oversight or dereliction on the part of the Director of Community and Economic Development 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 Title. -87- • • B. 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 Title or any other Ordinance now in force referring to this Title. Any permit or license so issued shall be null and void. C. 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 Title, the same is hereby declared a public nuisance and the City Attorney shall have the authority to bring and to prosecute an action in any court of competent jurisdiction to enjoin 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. 17.96.130 Entry Upon Private Property. The Building Official, members of the Planning Commission, and the Planning or Engineers' staff, in the performance of their functions and duties, may, on notification, except in an emergency, enter upon any land and make examinations and surveys. Provided, that such entries and examinations do not damage or interfere with the use of the land by those persons lawfully entitled to the possession thereof. 17.96.140 Notice of Public Hearings. Notice of public hearings required pursuant to this Title shall be given as follows: A. At least fifteen (15) days prior to the date of the public hearing, the Department of Community and Economic Development shall cause notice of the time, place, and purpose of the hearing to be published in the City's officially designated newspaper. B. 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: 1. At least fifteen (15) days prior to the date of the public hearing, the City 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 Department of Community Development or in such other form as the Department of Community Development may direct. The applicant shall file with the 2. At least fifteen (15) days prior to the date of the public hearing, the Department of Community and Economic Development 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 Department of Community and Economic Development with mailing labels for each such property owner. 17.96.150 Appeals. Any appeal of a final decision rendered by the City Council pursuant to this Title shall be filed in Clallam County Superior Court within twenty -one (21) days of such final decision or be barred. -88- • • 17.96.160 Code Revisor. 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. 17.96.170 Zoning Code Amendment. Application. Any person wishing to apply for an amendment to this Zoning Ordinance shall submit a completed application and a filing fee in the amount set forth in Chapter 3.70 PAMC to the Department of Community and Economic Development, together with any information necessary to comply with the requirements of the State Environmental Policy Act (SEPA) Chapter 43.21C RCW. 17.96.180 Penalties. Any person, firm, or corporation violating any provisions of this Title shall be guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not more than $500 or by imprisonment for a term not to exceed six months, or by both fine and imprisonment. Such person, firm, or corporation shall be deemed guilty of a separate offense for each and every day during any portion of which any violation of this Title is committed, continued, or permitted by such person, firm, or corporation, and shall be punishable as herein provided. Section 2. Throughout Title 17 Code Reviser is hereby authorized to abbreviate Department of Community and Economic Development to DCED, where appropriate. Section 3 - Severability. If any provisions of this Ordinance or its applications to any person or circumstances is held to be invalid, the remainder of the Ordinance or application of the provisions of the Ordinance to other persons or circumstances is not affected. Section 4 - Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of the scrivener's /clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. Section 5 - Effective Date. This ordinance, being an exercise of a power specifically -89- • • delegated to the City legislative body, is not subject to referendum. This Ordinance shall take effect five days after 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 6th day of February, 2007. ATTEST: Becky J. Up , Cis' Clerk APPROVED AS TO FORM: William E. Bloor, City Attorney PUBLISHED: February li , 2007 By Summary G: \Legal_ Backup\ ORDINANCES &RESOLUTIONS\2006- 40.Title 17- Zoning.121806.wpd February 1, 2007 -90- Summaries of Ordinances Adopted by the Port Angeles City Council on February 6, 2007 Ordinance No. 3272 This Ordinance of the City of Port Angeles, Washington, amends a portion of the Zoning Code, Title 17, of the Port Angeles Municipal Code. Ordinance No. 3273 This Ordinance of the City of Port Angeles, Washington, revises definitions and rates for the City's solid waste processing facility and amending Chapter 13.57 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 following the date of publication by summary. Becky J. Upton, CMC City Clerk Publish: February 11, 2007