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HomeMy WebLinkAboutAgenda Packet 08/27/2002 AGENQA..,c ." CITr~,CepNCJ.LMEF.1TING 321 EAST FIFTH STREET ; ...../A.ugusV27, 2002<. SPEGli,UMEETING - 6:Q, i. , ..-: -0' ",,,,--;-. F;' 'CITY COUNCIL COMMITTEE REPORTS G.. ORDINANCES NOT REQillRINGPUBLIC . . HEARINGS H. .' RESOLUTI,oNS . Resolution by pty Council expressing support for the passage on the September .17, 2002 primary;etection ", billlot:1l10th of one percent sales tax ta.be used for the purpose o(providing" local crirniIial justice/public . safety funding . . . . I. . OTHER CONSIDERATIONS J. K. L. INFORMATION M. EXECUTIVE SESSION(As neededa1'!4det~;1Jiimidby CityA}torney) N. ADJOURNMENT August 27, 2002 NOTE: HEARINGDEVIGESA:YAILABLE ,FOR THOSE NEEDING ASSISTANCE" ~MA~OR1iOfDETERMiNE'jiME()FBREAK "....~,c... ,;. "Poi'f'Atigeles;City CounciL Meeting. . . ,,:'; , '~,;' --'.,. ' i I '1 I I , , __ -, - "(d~~~,,,, :'!.> ": } ,;j, '''v ",!, ";>O'-'_~; ,,::'" ; ',>:\1 Page - 1. ; I "~" "':"~""~"4d~!;~;";::~jl~t;~\&5; ",v" .' ~,;:".. ."".(~~M!j:J CITY OF PORT ANGELES FORTANGELES WAS H I N G TON, U. S. A. CITY COUNCIL SPECIAL MEETING August 27. 2002 III. PLEDGE OF ALLEGIANCE: Led by: b~ fnd.uM.- " CITY OF PORT ANGELES · FORTANGELES WAS H I N G TON, U.S. A. CITY COUNCIL MEETING Attendance Roster DATE OF MEETING: Au~ust 27. 2002 LOCATION: City Council Chambers b fu,Cf: tlJ f2As ~ \) SSE:.~ \N \21'\, \N ) <.J City of Port Angeles FORT ANGELES Ordinance/Resolution Distribution List WAS H I N G TON, U. s. A. City Council Meeting of AUl!ust 27. 2002 ~O.A ) f).. fl!:) T " TT. _.KI ,n ]iJJ;. . JUJ 1fI .A l ~.) City Manager 1/ City Atty. (1) I vi" Planning City Clerk (2) :J V Deputy Clerk (1) JV Personnel Cust. Svcs. Finance Dir. /Mgr. ,/ !J./ '. Police Dept. Fire Dept. Light Dept. Pub. Works (2) Parks & Rec. V , I ~ MRSC (1) PDN (Summary) , - , Extra Copies I TOTAL /] , ~ ~iORTANGELiES WAS H I N G TON, U. S. A. AGENDA CITY COUNCIL MEETING 321 EAST FIFTH STREET August 27, 2002 SPECIAL MEETING - 6:00 p.m. A. CALL TO ORDER - Regular Meeting (6:00 p.rn.) ROLL CALL - PLEDGE OF ALLEGIANCE - PUBLIC CEREMONIES, PRESENT A TIONS AND PROCLAMATIONS B. WORK SESSION Municipal Code Amendments - MCA 01-02B (P AMC Titles 14, 16, 17 - Continued from August 20, 2002 City Council Meeting) Paperwork provided in August 20 City Council Agenda Packet Review and Continue to September 3, 2002 C. LATE ITEMS TO BE PLACED ON THIS OR FUTURE AGENDAS (By Council, Staff or Public) AND PUBLIC COMMENT FOR ITEMS NOTON AGENDA (This is the opportunity for members of the public to speak to the City Council about anything not on the agenda, please keep comments to 5-10 minutes.) D. FINANCE E. CONSENT AGENDA F. CITY COUNCIL COMMITTEE REPORTS G. ORDINANCES NOT REQUIRING PUBLIC HEARINGS H. RESOLUTIONS Resolution by City Council expressing support for the passage on the September 17, 2002 primary election ballot: 1/10th of one percent sales tax to be used for the purpose of providing local criminal justice/public safety funding Pass Resolution I. OTHER CONSIDERATIONS J. PUBLIC HEARINGS - QUASI-JUDICIAL (7:00 P.M. or soon thereafter) K. PUBLIC HEARINGS - OTHER L. INFORMATION M. EXECUTIVE SESSION (As needed and determined by City Attorney) N. ADJOURNMENT NOTE: HEARING DEVICES AVAILABLE FOR THOSE NEEDING ASSISTANCE MAYOR TO DETERMINE TIME OF BREAK August 27,2002 Port Angeles City Council Meeting Page - 1 o ~ ~ ~ FORTAN E'~ It, E' S' I : 1 ; 1 ' , 1 ~"~" i t _ ~ WAS H I N G TON, City Council Memo U. S. A. Date: August 27, 2002 To: Mayor Wiggins and City Council Tom Riep~ ~ice Chief From: Subject: Resolution Endorsine The Passa~e Of Proposition No.1 On The September 17. 2002 Primary Election Ballot Summary: On July 23, 2002 the Board of Clallam County Commissioners passed and adopted Resolution No. 69,2002. The resolution caused a proposition tobe placed on the primary election ballot on September 17, 2002 for the voters within Clallam County to determine whether Clallam County shall fix and impose a sales/use tax of one-tenth of one percent for costs associated with financing, equipping, repairing, maintaining or operating the County Jail, Juvenile Detention Center, and Forks City Jail. The resolution specifies that, if approved, revenue generated by the tax shall be distributed to the county and cities according to the same formula as the criminal justice tax levied pursuant to RCW 82.14.340. Recommendation: It is recommended by City staff that after taking public input on the ballot proposition that the City Council pass the attached resolution. Background: For the past several years City General Fund revenue has been basically flat while demands for services, particularly in the area of Public Safety, continue to increase. If passed, the sales tax proposition would generate revenue (approximately $185,000 in 2003) which would help offset the City's jail expenditure. Funds previously used to pay for jail expenses could then be used to support much needed public safety programs such as methamphetamine investigation, and neighborhood crime and traffic safety programs. Copies of the proposed City Council Resolution, Board of Clallam County Commissioners Resolution No. 69,2002, and Proposition Ballot Title are attached. 10 1-02-03 0 Attachments: (I) Proposed City Council Resolution (2) County Resolution 69, 2002 (3) Ballot Title t't' RESOLUTION NO. A RESOLUTION of the City Council of the City of Port Angeles, Washington, endorsing the passage of Proposition No. 1 on the September 17, 2002, primary election ballot, which would impose a sales/use tax of one-tenth of one percent for costs associated with financing, equipping, repairing, maintaining/or operating the County Jail, Juvenile Detention Center, and Forks City Jail. WHEREAS, in 2002 the State Legislature eliminated the criminal justice funding to Clallam County and the cities within the County; and WHEREAS, a proposition has been placed on the primary election ballot on September 17, 2002 for voters within Clallam County to determine whether Clallam County shall fix and impose a sales/use tax of one-tenth of one percent to be used to obtain funds for costs associated with financing, equipping, repairing, maintaining/or operating the County Jail, Juvenile Detention Center, and Forks City Jail; and WHEREAS, if approved, revenue generated by the tax shall be distributed to Clallam County and the Cities of Port Angeles, Sequim, and Forks according to the same formulas as the criminal justice tax levied pursuant to RCW 82.14.340; and WHEREAS, funds generated by the tax would offset existing jail expenditures, making those monies available to replace lost state criminal justice funding; and WHEREAS, the Clallam County Law and Justice Council, which represents the criminal justice agencies and legislative bodies ofthe County and all incorporated cities, has met and determined that a critical need exists to reduce jail and detention. costs in order to allow existing criminal justice funding to be used to replace lost revenue form the State of Washington; and WHEREAS, the Port Angeles Law Enforcement Advisory Board is supportive and in agreement with the necessity for additional criminal justice funding; and WHEREAS, the City Council of Port Angeles recognizes the importance of maintaining adequately funded local criminal justice/public safety enterprises; and WHEREAS, the City Council of Port Angeles recognizes the recent significantly increasing detrimental impacts of methamphetamine use, sales and manufacturing on City neighborhoods, residents and businesses and the critical need for funding to address this issue; and -1- . .. ~ WHEREAS, at the August 27, 2002, Port Angeles City Council meeting, the public was provided with notice and an equal opportunity to express opposing views concerning the proposed ballot proposition; NOW, THEREFORE, the City Council of Port Angeles hereby expresses its support to the voters for passage on the September 17, 2002 primary election ballot ofthe proposition to enact a one-tenth of one percent sales tax to be used for the purpose of providing local criminal justice/public safety funding. PASSED by the City Council ofthe City of Port Angeles at a special meeting of said Council held on the 27th day of August, 2002. MAYOR ATTEST: Becky J. Upton, City Clerk APPROVED AS TO FORM: Craig D. Knutson, City Attorney F:\ORDINANCES&RESOLUTIONS\R2002-11. wpd -2- . -, BEFORE THE BOARD OF CLALLAM COUNTY COMMISSIONERS STATE OF WASHINGTON IN THE MATTER OF: ) ) A Sales/Use Tax for the Operation ) of the Clallam County Jail, Juvenile ) Detention Services, and Forks City Jail ) RESOLUTION NQ {;Cj . 2002 THE BOARD OF CLALLAM COUNTY COMMISSIONERS finds as follows: 1. In 1997, the State Legislature eliminated that portion of the Vehicle Excise Tax allocated to counties and cities for Criminal Justice. The Legislature replaced the funding with approximately 53 percent of what had been previously received by counties. In 2002, the State Legislature eliminated the criminal justice funding to Clallam Courity and the cities within the County. Elimination of state criminal justice funding will result in decreased funding to local count'f,and city criminal justice departments. Decreased funding will result in reduction of these agencies' ability to prevent, respond, investigate, prosecute, and adjudicate criminal acts in our community. II. The Clallam County Law and Justice Council which represents the criminal justice agencies and legislative bodies of the county and all incorporated cities has met and determined that a critical need exists to reduce jail and detention costs in order to allow existing criminal justice funding to be used to replace lost revenue from the State of Washington. III. Pursuant to RCW 82.14.350, the Commissioners of Oallam County and the Clallam County Law and Justice Council have requested that a question be placed on the primary election ballot on September 17, 2002 to determine whether Clallam County shall fix and impose a sales/use tax of one-tenth of one percent to be used to obtain funds for costs associated with equipping, repairing, maintaining, and/or operating the Clallam County Jail, Juvenile Detention Center, and Forks City Jail. NOW, THEREFORE, BE IT RESOLVED by the Board of Clallam County Commissioners, in consideration of the above Findings of Fact: 1. The Clallam County Auditor is hereby directed to place a question on the primary election ballot on September 17, 2002 for voters within Clallam County to determine whether Clallam County shall fix and impose a sales/use tax of one-tenth of one percent to be used to obtain funds for costs associated with financing, equipping, repairing, maintaining, and/or operating the County Jail, Juvenile Detention Center, and Forks City Jail. 2. If approved, revenue generated by the tax shall be distributed to the county and cities according the same formula as the criminal justice tax levied pursuant to RCW 82.14.340. 3. The County intends to direct its portion of the funding .generated by the tax toward the cost of operating the Clallam County Jail at an existing service level. Funds generated by the tax would offset existing jail expenditures, making those monies available to replace lost state criminal justice funding. 4. The sample ballot title, as shown on the attached Exhibit A, is incorporated herein by reference. nL PASSED AND ADOPTED THIS 1..3 DAY OF V 4 .2002. OF CLALLAM COUNTY COMMISSIONERS ((,( (iL4tflf~ Michael C. Chapman ATTEST: .- .~sh~AlYotr Tnsh Perrott, Clerk of the Board J:\public\resolutions\2002\tax for jail operation.doc 7f (1'1/'2-3/ t; ! ~ "',- ~ t CLALLAM COUNTY JAILS AND JUVENILE DETENTION FACILITIES SALES/USE TAX Clallam County adopted Resolution No. 69,2002 concerning a proposition to finance jails and juvenile detention facilities. This proposition would authorize the County to fix and impose a sales and use tax, in addition to other sales and use taxes imposed by law, at ' the rate of one-tenth of one percent (0.1 %) of the selling price in the case of a sales tax, or the value of the article used, in the case of a use tax, for the purpose of providing , funds for costs associated with financing, equipping, repairing, maintaining and/or operating the Clallam County Jail and Juvenile Detention Center and Forks City Jail, all as provided in Resolution No.69,2002. Should this proposition be: Approved... ... ..... ...... ......... '" ...... ... ... .....[ ] Rejected... ... '" '" ... " . . " ... '" ... ... ... ... .. . ... .. [ ] A 11th,. EXHIBIT A BALLOT TITLE Shall the Board of Commissioners of Clallam County impose a sales/use tax of a on -tenth of one percent (.1%) for the purpose of obtaining funds for costs associated with improving, ma ing, and operating the County Jail, Juvenile Detention Center, and City of Forks Jail? Funds gene y the tax would offset existing jail expenditures, making those monies available to replace 10 e fun previously distributed to Port Angeles, Sequim, Forks, and Clal/am County. DYes o No 1------- ELES WAS H I N G TON, U. S. A. DEPARTMENT OF COMMUNITY DEVELOPMENT Date: August 22, 2002 To: Mayor Wiggins and City Councilmembers Brad Collins, Community Development Director tbv. J MCA 0 1-02B Work Session Information From: Subject: As requested, enclosed are three packets of information for your work session on the Munjcipal Code Amendments MCA 01-02B. One packet includes the proposed revisions from the August 20 agenda packet. The second packet includes memorandums to the City Council over the last three months and an excerpt of the Planning Commission minutes from their meeting when the amendments were recommended. . The individual votes on each recommendation are indicated in the Planning Commission minutes. The August 20 Chamber of Commerce written testimony is also included in the second packet. The third packet includes background materials for the Citizen Code Advisory Committee process as.well Ji as the notes from their meetings. Most of the language changes offered by the CCAC members were noted on various copies of the Municipal Code chapters and sections, which are cumbersome and not duplicated in the packet. While there are many. pages of copied code.. language in the proposed revisions, the. additions, which are underlined, and the deletions, which are crossed out, are not that significant in most instances. in the work session; we will have a chance to"review those instances that are significant to the Council: Following the work session, a final draft of the 'revised ordinances will be provided for the September'3 ,City Council meeting. Any directions given by, the Council for final revisions will be inc1udeg in the September 3 ordinances. Encls: August 20 Draft Ordinances City Council Background Materials Citizen Code Advisory Committee Background Materials . '. , (!) PORT ANGELES CHAMBER OF COMMERCE 121 East Railroad Port Angeles, WA 98362 (360) 452-2363 Mr. Brad Collins City of Port Angeles PO Box 1150 Port Angeles, WA.98362 fi5) ~ C ~ ~ W lEfR) lf111 AlfG 2 0 2002 . r I!)) August 9, 2002 CI1Y Of PORT ANGELES COMMUNITY DEVELOPMENT Dear Brad: Tlzank you for your continued effort in reference to the sign code for Port Angeles, and for allowing additional time for the public input process. The Chamber Board of Directors has reviewed the sign ordinance and would like to ask you to consider the following for inclusion into the ordinance. 1) Would it be possible to include a section requiring a business that no longer is operating to remove their sign? This does not mean covering itwith plastic or other material. 2) With respect to off-premise signs it appears you are allowing up to 600s1 We would like to suggest that this size continue to be used. 3) The fluttering devices such as windsocks, flags, etc do ad a festive look and feel to the community. We encourage you to allow these decorations, as long as they do not impose any safety problems, or exceed being used simply as a ,decoration and start being used as. attention grabbers for a business. 4) We would also request that you not allow a business. (0 use more than 20% of their window display area as a location to post a business~ign. 5) Finally with respect to your maintenance section; would it be possible to include language to require replacement of lights or neon within two months of being burned out, and have sign owner be required to keep the sign and sign holder clean, and painted. I believe we all have the same goal in mind, which is to clean up the look of the community, have our signs be current, and above all still provide adequate information for the public to be able to find the business. We hope these comments have been helpful, and should you have any questions, of course give 1J1'i1 a call. FAX # 360-457-5380 · www.portangeles.org · E:mail: pangeles@olypen.com REPRESENTING THE LARGEST GROUP OF BUSINESSES ON THE PENINSULA " A ~ DATE: To: FROM: SUBJECT: FORTANGELES WAS H I N G TON, U. S. A. CITY COUNCIL MEMO August 20, 2002 MAYOR WIGGINS AND CITY COUNCIL Brad Collins, Community Development Director '~r> I MUNICIPAL CODE ANlENDMENTS MCA 01-02B Summary: The Council continued its public hearing on a comprehensive review of development regulations in the Port Angeles Municipal Code (P AMC) to the August 20, 2002, meeting. In 2001, the Citizen Code Advisory Committee (CCAC) of representatives from community interests related to development proposed amendments, which have been reviewed by the Planning Commission at a number of public hearings. Some of the amendments, particularly in the Sign Code, continue to be issues, which the City Council will need to resolve. Recommendation: The Department of Community Development recommends that the City Council continue their deliberations on Municipal Code Amendments MCA 0 1-02B to its regular City Council meeting of September 3, 2002, at which time final draft ordinances for amendments to Titles 14, 16, and 17 will be brought forward. Background I Analysis: The issues..with consolidating all the sign regulations into Chapter 14.36 following the language in the Downtown Sign Code and incorporating the Zoning Code sign regulations for other zones remain the most controversial. In particular, the size limitation of billboards has three options from which the Council should choose. The County and public testimony at the June 17 public hearing requested minimizing billboards to a size limit of 128 (8'xI6') square feet as in the County's sign regulations or prohibit them all together. The staff suggested using the current sign industry standard of 600 (12'x50') square feet. A third option would be to limit billboards to 300 (lO'x30') square feet, the sign industry standard at the time many of the billboards in Port Angeles were erected. Most ofthe other issues with amendments to the sign regulations stem from applying what were previously the "Downtown Sign Code requirements" to the other nonresidential zones throughout the City. For example, staff has long interpreted sign exemptions and prohibitions from . the Downtown Sign Code for signs outside the Central Business District, because the sign regulations in the Zoning Code ignore not only most of these administrative actions but also sign definitions and permit procedures. See Attachment B for all the proposed Sign Code amendments. The issues regarding parking space requirements into Chapter 14.40 have had little public testimony. For the most part, the amendments simply add requirements for new uses and modify or eliminate requirements for archaic uses. Several Planning Commissioners were concerned about the parking problems of institutional uses such 'as hospitals and colleges that are reflected in standards v CC Memo - Municipal Codr .\mendments MCA 01-02B August 20, 2002 Page 2 which do not correspond to current traffic patterns for such uses. The developing concepts of "low impact development" (LID) and "smart growth" question using "minimum" parking requirements instead of "maximum" parking requirements. However, this issue of minimum versus maximum parking requirements for new development has not been brought forward. See Attachment C for all the proposed Parking Ordinance amendments. The issues with clarifying subdivision regulations and standardized street improvement requirements revolve around correcting references between various PAMC. sections where the standards have been cross-referenced over many years. Most of the examples are with minor language coriflicts describing local access street standards. A more recent cross-referencing problem carne up in a short plat appeal over sewer connection for all new subdivision lots created after January 1, 1995, while language in Chapter 16.04 and 16.08 still seemed to allow for septic systems under some conditions. This particular issue is not in the proposed amendments. See Attachment D for all the proposed amendments in the four SubdIvision Ordinances. The issues with the Zoning Code strike to the heart of the Citizen Code Advisory CoII1Ihittee's concerns, which were to clarify and emphasize what development is desired in each zone. The various code requirements could be more user-friendly and easier to read if the purposes ofthe development regulations were made positively about what development the community wants to take place as opposed to statements about requirements explaining what cannot be done. See Attachment E for all the proposed Zoning Code amendments. Attachments: Attachment B Sign Code Amendments (Chapter 14.36) Attachment C Parking Ordinance Amendments (Chapter 14.40) AttachmentD Subdivision Ordinances Amendments (Title 16) AttachmenfE Zoning Code Amendments (Title 17) '"~ CITY OF .i\ ~ FORTANGELES WAS H I N G TON, U. S. A. CITY COUNCIL MEMO DATE: July 16, 2002 To: MA YOR WIGGINS AND CITY COUNCIL Brad Collins, Community Development Director tk I MUNICIPAL CODE AMENDMENTS MCA 01-02B FROM: SUBJECT: Summary: The Council opened a public hearing on a comprehensive review of development regulations in the Port Angeles Municipal Code (PAMC) at its June 17,2002, meeting and continue the public hearing to its July 16,2002, meeting. In 2001, the Citizen Code Advisory Committee (CCAC) of representatives from community interests related to development proposed amendments, which have been reviewed by the Planning Commission at a number of public hearings. Some of the amendments, particularly in the Sign Code, continue to be issues, which the City Council will need to resolve. Recommendation: The Department of Community Development recommends that the City. Council continue the public hearing on Municipal Code Amendments MCA 01-02B to its regular City Council meeting of August 20,2002, to allow for more public input that is forthcoming. Back2round / Analysis: The issues with consolidating all the sign regulations into Chapter 14.36 following the language in the Downtown Sign Code and incorporating the Zoning Code sign regulations for other zones remain the most controversial. In particular, the size limitation of billboards has three options from which the Council should choose. The County and public testimony at the June 17 public hearing requested minimizing billboards to a size limit of 128 square feet as in the County's sign regulations or prohibit them all together. The staff suggested using the current sign industry standard of 600 square feet. A third option would be to limit billboards to 30(} square feet, the sign industry standard at the time many of the billboards in Port Angeles were erected. Most of the other issues with amendments to the sign regulations stem from applying what were previously the "Downtown Sign Code requirements" to the other nonresidential zones throughout the City. For example, staff has long interpreted sign exemptions and prohibitions from the Downtown Sign Code for signs . outside the Central Business District, because the sign regulations in the Zoning Code ignore not only most of these administrative actions but also sign definitions and permit procedures. See Attachment B for all the proposed Sign Code amendments. The issues regarding parking space requirements into Chapter 14.40 have had little public testimony. For the most part, the amendments simply add requirements for new uses and modify or eliminate requirements for archaic uses. Several Planning Commissioners wereconcemed about the parking problems of institutional uses such as hospitals and colleges that are reflected in standards / ;' CC Memo - Municipal Code "1endments MCA 01-02B July 16, 2002 Page 2 .1i which do not correspond to current traffic patterns for such uses. The developing concepts of "low impact development" (LID) and "smart growth" question using "minimum" parking requirements instead of "maximum" parking requirements. However, this issue of minimum versus maximum parking requirements for new development has not been brought forward. See Attachment C for all the proposed Parking Ordinance amendments. The issues with clarifying subdivision regulations and standardized street improvement requirements revolve around correcting references between various P AMC sections where the standards have been cross-referenced over many years. Most of the examples are with minor language conflicts describing local access street standards. A more recent cross-referencing problem came up in a short plat appeal over sewer connection for all new subdivision lots created after January 1, 1995, while language in Chapter 16.04 and 16:08 still seemed to allow for septic systems under some conditions. This particular issue is not in theptoposed amendments. See Attachment D for all the proposed amendments in the four Subdivision Ordinances. The issues with the Zoning Code strike to the heart of the Citizen Code Advisory Committee's concerns, which were to clarify and emphasize 'what development is desired in each zone. The various code requirements could be more user-friendly and easier to read if the purposes of the development regulations were made positively about what development the community wants to take place as opposed t6 statements about requirements explaining what cannot be done. See Attachment E for all the proposed Zoning Code amendments. Attachments: Attachment B Sign Code Amendments Attachment C Parking Ordinance Amendments Attachment D Subdivision Ordinances Amendments Attachment E Zoning Code Amendments June 17, 2002, Staff Report DATE: To: FROM: SUBJECT: 1. ) -~ ~ORTANGELES WAS H I N G TON, U. S. A. CITY COUNCIL MEMO June 17, 2002 MAYOR WIGGINS AND CITY COUNCIL Brad Collins, Community Development Director ~ MUNICIP AL CODE AMENDMENTS MCA 01-02B Summary: In 2001, the City Council appointed a Citizen Code Advisory Committee (CCAC) of representatives from community interests related to development. They were asked to review the language in the Municipal Code to make it more user-friendly and understandable by the public. The CCAC suggestions were made into proposed amendments, which have been reviewed by the Planning Commission at a number of public hearings. Some of the amendments, particularly in the Sign Code, continue to be issues, which the City Council will need to resolve. Recommendation: Department of Community Development recommends that the City Council conduct a public hearing on Municipal Code Amendments MCA 01 "702B and continue. the hearing to the regular City Council meeting of July 16, 2002, at 7 :00 pm in the City Council Chambers. Back~round I Analysis: The Planning Commission review has reviewed all the suggested changes, and a near. consensus with the Citizen Code Advisory Committee/staff recommendations has been achieved. SECTION 14.01.090 - CONSTRUCTION CODE BOARD OF APPEALS: CCAC Suggestion: There needs to be a better explanation of why some interpretations are not appealable. Sections A, C, and H describe appealable issues, limitations of authority, and scope of Board's review. The Committee did not offer any specific language amendments, but the Planning Commission should review how to gain code compliance through positive, service oriented mission as opposed to an inflexible, strict interpretation bureaucratic process. Staff Proposal: ApJ'ealable Issues. This Section shall govern appeals of orders, decisions, or determinations, made by the Building Official, Fire Chief, Electrical Inspector, their designees, or any enforcement officer as defined in P AMC 14.01.060, in the application and interpretation of the construction codes of the City of Port Angeles regarding the suitability of alternative materials and methods of construction and the application and intcIpIctatiol1 ofthc MeA 01-02B June 17, 200:2 Page 2 GOl15titlGtion codes ofthc City of Port Angcks and any other building regulations or codes as may be designated by ordinance. Planning Commission Recommendation: Agree with the CCAC suggestion and staff proposal -- no issues, minor editing changes. SECTION 14.03.040(b) - FEES: CCAC Suggestion: Adjust the minimum inspection fee to better reflect the Cost of doing the inspection. Staff Proposal: Fee will be adjusted at the time of fee review during the budget process. Planning Commission Recommendation:. Agree with CCAC suggestion and' staff proposal. CHAPTER 14.36 SIGN CODE: CCAC Suggestion: Consolidate all the sign regulations into Chapter 1436 following the language in the Downtown Sign Code and incorporating the Zoning Code sign regulations for other zones. Staff Proposal: See Attachment B for all the proposed amendments. Planning Commission Recommendation: Agree with CCAC suggestion and most of the staff proposal -- issues regarding billboards size limits (see Clallam County comment letter), prohibited signs including fluttering devices and mobile signs (see Planning Commission minutes), and requirements for electronically changing message, temporary commercial event, and A-frame signs (see Attachment B). SECTION 14.40.030-060 PARKING SPACE REQUIREMENTS: CCAC Suggestion: Add requirements for new uses and modify or eliminate requirements for archaic uses. Staff Proposal: See Attachment C for all the proposed amendments. Planning Commission Recommendation: Agree with CCAC suggestion and most of the staff proposal -- issues regarding institutions like hospitals and colleges, minimum parking requirements for certain uses or number of employees, and archaic uses (see Planning Commission minutes). MeA 01-02B June 17, 2002 Page 3 SECTION 15.04.030 CRITICAL AREAS: CCAC Su~~estion: Consider streamlining the environmental review procedures to eliminate duplication but maintain public notice and comment opportunities. Staff Proposal: Follow environmental review reform implemented successfully by other jurisdictions. Plannin~ Commission Recommendation: Agree with CCAC suggestion and staff proposal -- no issues, do not make changes at this time since other jurisdictions have not fully implemented environmental review reforms. CHAPTERS 16.04 AND 16.08 SHORT PLAT SUBDIVISIONS AND SUBDIVISIONS: CCAC Su~~estion: Clarify regulations and standardized street improvement requirements. Staff Proposal: See Attachment D for all the proposed amendments. Plannin~ Commission Recommendation: Agree with CCAC suggestion and staff proposal-- no issues, language clarified and street standards made.consistent (see Attachment D). TITLE 17 ZONING CODE: CCAC Su~gestion: Clarify and emphasize what development is desired in each zone. Staff Proposal: See Attachment E for all the proposed amendments. Plannin~ Commission Recommendation: Agree with CCAC suggestion and staff proposal -- no issues, zone intentions clarified (see Attachment E) Attachments: Attachment B Sign Code Amendments Attachment C Parking Requirement Amendments Attachment D Subdivision Ordinances Amendments Attachment E Zoning Code Amendments CLALLAM COUNTY' DEPARTMENT OF COMMUNITY DEVELOPMENT DIRECTOR, BOB MARTIN BUILDING DIVISION / FIRE MARSHAL ENVIORNMENTAL HEALTH DIVISION PLANNING DIVISION NATIJRAL RESOURCES DIVISION CLALLAM COUNTY COURTHOUSE P.O. Box 863 / 223 EAST FOURTH STREET PORT ANGELES, WASHINGTON 98362-0149 (360) 417-2321, FAX: (360) 417-:2443 June 3, 2002 fD) ~ (G lE ~ \VI ~ rR\ lfl}, JUH - 3 2002 WJ s~A CITY OF PORT ANGElES COMMUNITY DEVElOPMENT Mr. Brad Collins, AICP Community Development Director City of Port Angeles P.O. Box 1150 Port Angeles, WA 98362 Re: Response to Request for Comments Dear Brad; Thank you for providing the background materials on the annexation and draft comprehensive plan and municipal code amendments that are being proposed by the City. After our meeting this week, I have aclearer understanding of the genesis and scope of these projects, and I wanted to provide the "County's comments prior to the City Council deliberations that start on June 4,2002. Secondly, in terms of process issues, I believe we identified what "broke down" in the comment/communicative process, and from what we discussed, you've taken steps to insure that the County will be included in the draft review process at an earlier stage. 1. Municipal Annexation; West of City Landfill I East of Lower Elwha Road As we discussed, we have resolved the apparent records discrepancies as outlined in my memo to you dated May 21, 2002. Our current map was in error, and this area is, in fact, within the adopted UGA boundary. In terms of the zoning and comprehensive plan issues, your memo of May 30, 2002 (attached), clarified the City's interest to designate the land as "open space", and zone it ("PBP Public Buildings and Parks"). I would concur that this is the appropriate designation given your intent to have this area serve as a buffer between the landfill and the Dry Creek ravine, and to eliminate an access easement across the landfill site to a previously designated residential property. . H_, ;. 2. Proposed Amendments to Comprehensive Plan (CPA 02-01) I have reviewed the proposed amendments to the comprehensive plan as outlined in the May 8, 2002 and May 22, 2002 staff memos to the City Planning Commission. Many of these relate solely to City issues and concerns, but the County does want to indicate its support of the proposed changes that will support our joint goals of enhancing economic development opportunities, clarifying shoreline, harbor and land use planning issues, and enhancing transportation and capital facilities planning. - 3. Proposed Amendments to Municipal Code I have reviewed the proposed draft changes to the City's Municipal Code as outlined in the staff report to the Planning Commission dated May 22, 2002, and contained in Attachments B -E. You and I also reviewed these. during out meeting this past week, and I now have a better idea of the nature of the changes. It appears that many of these changes are being made to clarify and simplify development regulations, and eliminate conflicting language, which is always of benefit! The one issue that remains of concern to the County relates to the City's sign standards, particularly those in the Commercial Arterial Zone. As I understand it, the City is not proposing to change. its standards relating to off-premise signs in this district, except for the addition of a size limit of 600 square feet, wherethere currently is no size limitation. Signs ofthis type are still limited to. sites which do not contain any sign for businesses located on those sites, and they are subject toa conditional use permit. As we have discussed;' the County's concern is that this zoning district (CA) -is what the City has indicated is likely to be applied to the Highway 101 corridor in eastern Port Angeles UGA upon any annexation, and the proposed 600 square feet sign standard is over 4 % times larger than the current County standard of 128 square feet. While the County recognizes that this area is an existing business corridor, it is also a state-designated scenic highway, and the County's goal has been to allow effective, business signage that balances the issues of retaining scenic vistas, while enhancing the image of the Port Angeles area as a tourist destination. We believe that the signage size and height found at new or recently- renovated businesses such as Wal Mart, Safeway Plaza, Bargain Warehouse, Les Schwab, and others, reflects how this balance can be achieved. In our discussions, you indicated that there have been few off-premise signs that have come in for review under these provisions. I would agree that this may be related to the lack of parcels without existing businesses 2 . within the present CA zoned area. This may not be the case within the UGA area, where there are significantly more vacant parcels. The County would simply like the City to consider whether this standard for off-premises signs is designed to achieve the long-range vision outlined in our jointly adopted Regional Plan for this area. I've attached some of the relevant policy. statements which speak to reduced sign size and visual enhancements to this entrance of the City. We believe our adopted sign standards will, over time, help to achieve these objectives, and we would encourage the City's standards to do the same. I hope these comments are helpful, and if there are any questions please give me a call. Sincerely, A~'~ Planning Director cc: Mike Quinn; City Manager Board of County Commissioners Dan Engelbertson; County Administrator Bob Martin; Director/DCD Russ Veenema; Port Angeles Chamber of Commerce 3 ^ ") Enhance the roadway aesthetics and improve tht.' facade~ ;lIld 1;II11bcapin~ of businesses fronting. on the Scenic Highway 101 corridor ill tht.' milan g.n,wth area in order to enhance business opportunities and general appearaIKt.' tll local residents and thc traveling public. ...... a) The Port Angeles Highway 101 urban corridor should develop as a tree lined, landscaped boulevard. Deciduous streel trees. landscaped mcdians. roadside landscaping and improved pedestrian amenities should be included in al\ future urban Highway 101 upgrades and as development standards for new development along the corridor. Assist corridor business owners in obtaining the funding needed to upgrade building facades. landscaping and . . pedestrian amenities. b) The east entrance to Port Angeles urban growth area at Deer Park should be enhanced with landscaped medians, street trees and streetscape landscaping in accordance with the Port Angeles Gateway Plan. c) Clallam County should work with the Washington State Department of Transportation to improve the appearance and functionality of the overlook area above Morse Creek and to develop a parking area and roadside park at ~e bottom <lfthe Morse Creek curve to serve as an entrance point to the Port Angeles waterfront trail.. Assist WSDOT in obtaining the funding for needed improvements. d) Work with the Washington State Department of Transportation and Clallam Transit to ensure a safe drop-off point for transit riders accessing businesses near the Deer Park Cinema. e) Increase traveler information and services at the Morse Creek Overlook area. Advise vehicle and bicycle travelers about the waterfront trail and access to city services. f) Adopt regulations prohibiting access to Highway 101 when access to County/City roads is available or when shared access points are available. 3. Improve circulation patterns around the City of Port Angeles. (See Figure 10) a) Highway 101 capacity should be improved in the urban growth area through development ofShared parking regulations, required inter- connection of parking lots on adjoining lots and an associated reduction of individual access points directly onto Highway 101. b) New and expanded commercial or industrial development should make appropriate provisions for transit connections in the urban area. Rural & Urban Roads: 4. With the completion of a new -east-west route on the east side of the Port Angeles urban growth area, the circulation system of County roads in rural and resource land areas should be considered completed for this planning area. The County should not pursue new County roads except in those circumstances where roads are buill within subdivisions with private funds and then turned over to the County for maintenance s. Road sY'items in rural and resource areas should be at rural and resource land standards which preserve the essential character of the land use. a) County gravel roads in forested resource lands should remain at gra\'el standards or be returned to another agcncy or vacated to adjacent propeny 19 Boo~_lJ ~. 2.: !.G[ 5~j ,';:\. ~:f ' b) Investigate the feasibility of industrial preservation regulations which aCllo maintain these properties in the large parcel sizes needed 10 attracl regional industrial growth. c) Due to the present lack of industrial site demand and the lack of infrastructure, some of the large area which was designated for industrial uses in the Dty Creek area in the 1982 Comprehensive Plan has been re- evaluated for its potential land use. Property which is not needed for long term industrial development has been identified in the current plan and residential development at urban densities w.ill be permitted on these lands located inside the urban growth area. Residential development at rural densities on these former industrial sites will be permitted outside the urban growtb area. 4. CIalIam County should ensure that a reasonable proportion of small parcels (less than ten (10) acres) eXists for small business serving neighborhood needs within the UGA. Neighborhood c:ommen:ialland use designations can be utilized to separate Urban regional commercial sites and allow for c:ommen:ialland uses at scales appropriate for their: neighborhood setting. The- existence of a commercial strip between Urban regional commen:ial sites should not warrant the expansion of their depth into residentially"zoned 3RaS as that will not change the strip c:ominetcial - nature of development but will only result in a deepercommen:ial strip. 5. Clallam County working in c:oncert with other economic development interests should maintain current commen:iaJrmdustrial site survey information including available and projected public facilities and services, surrounding land uses, transportatioo-capabilities;site suitability based on environmental conStraints, and other relevant ec:onomic information. 6. Clallam County sbould coordinate the development of capital facilities and public improvements as a priority to lands designated for commercial and industrial development. Cfalfam County should work witf1.the City of Port Angeles and the Port to develop a coordinated infrastructure development plan for development of industrial lands. 7. Clallam County should ensure that Highway 101 is maintained for smO()th flow of commercial traffic through encouraging controlled access to the Highway, supporting bypasses of current traffic bottlenecks, minimizing additional stoplights on the Highway, consolidating commercial driveways fronting on Higbway 101 and supporting multi-modal options to single occupancy use of the highway. 8. Clallam County will make continuous, concerted efforts to attract and support businesses which employ or address the needs of disabled and handicapped persons. 9. Clallam County will develop and implement a set of landscapinglbuilding design guidelines for development along the Highway lO I and Highway I 12 corridors. Landscaping and design guidelines will be used to improve the visual appearance of these important travel ways. Landscaping guidelines should generally implement the design features of the drawings prepared for the Comprehensive Plan. Grant 29 nnnu -f ~ O.,Q.... . LV" ~~i Section .; I.O~; I 0 City of Port Angeles Urban Growth Area A V is ion of the Port Angeles Urban Growth Area in 2014: The Port Angeles urban growth area in the year 2014 is known for its livable neighborhoods which express their own unique character, high quality of life, pedestrian orientation and superior design. Many residential areas have been separated from the hustle and bustle of commercial activities near Highway 101 by allowing public uses such as schools, parks and public golf courses as commercial to residential buffers. Commercial business areas adjacent to neighborhoods provide goods and services to neighborhood residents while many businesses have residences located on Upper stories. The Highway 10 I corridor is now a tree lined boulevard with landscaped medians as it passes through the urban area and businesses all along this corridor have upgraded their landscaping and physical appearance. Most moderate density, low cost housing has been infilled into moderate density neighborhoods located just off Highway 10 j in urban growth areas where easy access to transit and job opportunities are available. Well designed and landscaped manufactured home parks and multi-family developments provide an attractive low cost living environment. Visitors to our area note the distinct open space boundaries between neighborhoods which make use of the steep sided creek ravines which are left in the natural state. Within the Port Angeles urban growth area, neighborhood population centers are linked to the waterfront trail system through trails located in the stream ravines, allowing for efficient non-motorized transportation options for reaching work or for recreation. Businesses which provide regional services have been grouped at convenient locations at intersections of major collector or arterial roads with SRIO I within the urban growth area and conform to visually pleasing landscape and building design standards. Regional service center sites have been identified both within the City of Port A~geles and within the unincorporated urban growth area. Developers seeking to build a regional business facility are directed to these community approved sites which have been thoroughly evaluated for environmental constraints. All neighborhood and regional businesses centers are linked by an efficient local transit system. A new arterial paralleling Hig~way 101 but located farther to the south provides an alternate east side, cross town route for local access to Port Angeles. Tribal business centers have also gro~n to become major eTployers within Clallam County. Most new manufacturing and industrial concerns are located at the expanded Airport Industrial Park. Several value added wood product firms operate on industrial lands just outside ofthe urban growth area where rural densities of the surrounding area limit conflict which could OCcur if this type of use where sited in an urban area. Nine streams flow through lhe Port Angeles urban growth area providing unique opportunities for urban residents to enjoy a riverine environment. The last twenty years have seen a renewal of these streams in tenns of water quality, water quantity, stream restoration, stream enhancement for fish and wildlife, public access to stream corridors and development of opportunities for environmental education. The urban area of Port Angeles provides a mixture of employment, residential, commercial, cultural and recreational opportunities. Milch of the new development and redevelopment which occurred after 191):' look place within the existing urban g.rowth area of Port Angeles where infrastructure was in plilCC or could be easily extended. Today, there is still ample room lor development within that original urban growth area. Port Angeles is the ultimate supplier of services within the incorporated urban growth area. The City and the pun provide water, power and sewer services within the unincorporated urban growth area. 86' BOOK 1 1 2 3 PHE 608 The Pon Angeles region enjoys a healthy and stable economy. emphasizing diversity in the range of goods produced and services provided. Businesses continue to locate in the urban growth area because of the high quality of life, provision of business infrastructure. the emphasis on superior schools. and the ability of a tightly knit community to provide a safe living environment for all. Residents and business interests trust their local governments to follow through on solutions because the plans and promises made to manage growth in 1995 have been followed and changes to the original plan occur as a result of demonstrated community need. Change is accepted and proceeds in an orderly fashion based on the growth management plan. Urban Growth Area General Land Use Issues: Urban residential land uses are well established within the Port Angeles urban growth area. Neighborhoods such as Gales Addition, Lee's Creek and Four Seasons are largely built out with only a few moderate sized areas available for developmenL Average density.in Gales Addition; Four Seasons. View Ridge and Cedar Ridge neighborhoods would be 3 to 4 housing units per acre. These areas will support infill development at these densities. Other neighborhoods such as Lee's Creek and portions of Monroe Road neighborhood are chaiacterized by 2 unit per acre.densities due to.environmental constraints such as wetlands. stormwater impacts from Highway 101 and its associated im~ suifaces and poorly perking. soils. Neighborhoods with these types of environmental constraints may not be able to support much more density than they currently experience and consideration should be given to maintaining the prevalent 2 unit per acre urban densities- Wetlands and other natural means of storing or transporting storm water should be maintained intact in these neighborhoods. Densities of up to 15 units per acre would be feasible in the residential areas south of the Highway 101 commercial strip near ML Pleasant Road. ..~ ~ The commercial strip development which has occunedoil the east side of Port Angeles has not created a healthy environment for business as witnessed by the continual turnover of many businesses in this area.. A more stable pattern of business .location would group regional businesses at K-Mart Drive and Deet- Parle intersections with. qighway 101. Encouraging a tIailsition to business growth in regional centers locatedatK-Mart Drive and Deer Parle would relieve the well developed neighborhoods on the north and south side of the commercial strip from. pressure to widen the strip at intermediate locations by rezoning of vacant residential areas near the strip_ In simple terms. the existing commercial strip should only bulge at these two identified intersections and commercial areas between regional sites should remain at minimal width from the highway_ The neighborhood serving commercial areas between the K-Mart Plaza regional Commercial Center and the city limits ought to be opened up to allow multi-family residential development on commercially zoned properties lacking highway frontage and on the second floors of businesses. This change would provide apartment dwellers easy access to transit"and will encourage interaction between businesses and multi-family uses which would stabilize the business sector in this area. Urban residential land uses are mixed with industrial and commercial land uses in the western unincorporated urban growth area The area east of Reddick Road contains some subdivisions at urban density and other areas with more rural type densities. Urban density development of this area has been hindered by its industrial zoning and the poor perking ability of its soils. The 1982 Clallam County Comprehensive Plan designated large areas west of Port Angeles for industrial uses in anticipation of industrial growth. Many of the lands so designated contained single family residences on rural sized lots with a few smaller parcels located in subdivisions. Very little of this land has seen industrial development in the last 12 years and most of this area is not served with the necessary infrastructure which would encourage 87 ......... ... ... '"' q _ u_ ~ ^ {\ Encourage the availability of affordable housing to all economic segments of the population of this state, promote a variety of residential densities and housing types, and encourage preservation of existing housing stock. Encourage economic development throughout the state that is consistent with adopted comprehensive plans, promote economic opportunity for all citizens of this state, especially for unemployed and for disadvantaged persons, and encourage growth in areas experiencing insufficient economic growth, all within the capacities of the state's natural resources, public services, and public facilities. . Private property shall not be taken for public use without just compensation having been made. The property rights of landowners shall be protected from arbitrary and discriminatory actions. Identify and encourage the preservation of lands, sites, and structures. that have historical or archaeological significance. Watershed Goals: Protect beneficial uses of water from nonpoint sources of pollution in the Port Angeles watershed. including the effects of pathogens. chemicals. sediment, and nutrients on both surface and ground water resources. Promote stewardship by residents, decision makers, visitors. and agencies in the Port Angeles watershed Protect and enhance watershed resources. and reverse degradation where it has occl!rred~ Ensure cooperation and coordination in resource management. A Vision of the Port Angeles Urban Growth Area in 2014: The Port Angeles urban growth area in the year 20 14 is known for its livable neighborhoods which express their own unique character, high quality of Hfe. pedestrian orientation and superior design. MallY residential areas have been separat~ from tltehustle and bustle of commercial activities near Highway. 101 by allowing public uses sucR as schools. parks and public golf courses as commercial to residential buffers. COmmercial business areas adjacent to neighborhoods provide goods and services to neighborhood residents while many businesses have residences located on upper stories. The Highway 101 corridor is now a tree lined boulevard with landscaped medians as it passes through the urban area and businesses all along this corridor have upgraded their landscaping and physical appearance. Most moderate density. low cost housing has been infilled into moderate density neighborhoods located just off Highway 101 in urban growth areas where easy access to transit and job opportunities are available. Well designed and landscaped manufactured home parks and multi-family developments provide an attractive low cost living environment. Visitors to our area note the distinct open space boundaries between neighborhoods which make use of the steep sided creek ravines which are left in the natural state. Within the Port Angeles urban growth area, neighborhood population centers are linked to the waterfront trail system through trails located in the stream ravines, allowing for efficient non-motorized transportation options for reaching work or for recreation. Businesses which provide regional services have been grouped at convenient locations at intersections of major collector or arterial roads with SR 101 within the urban growth area and confonn to visually pleasing landscape and building design standards. Regional service center sites have been identified both within the City of Port Angeles and within the unincorporated urban growth area. Developers seeking to build a regio"al business facility .77 Chapter 31.02 Page 35 C.C.C. 31.02.420 Goals and policies Roads and Highways 1. Preserve and enhance highway 101 corridor. a. Promote year-round safe commuter bicycling in urban growth areas with regular1y maintained bicycle facilities and appropriately designed shoulders on Highway 101. b. Review new traffic circulation patterns to disperse or separate traffic from qangested segments. c. Encourage the analysis of freight scheduling to split traffic use and reduce peal< hour conflict. d. Enhance the scenic nature of Highway 101 by: . developing consistent information signage; . prohibiting off-premise sign construction; . adoption of corridor management plans along the scenic designated areas; . discourage additional commercial or industrial development immediately adjacent to the areas designated as scenic. e. Deciduous street trees, landscape and pedestrian amenities should be included in all future Highway 101 upgrades or private development in urban areas as per matrix cell RH1-7. f. Passing lanes should be planned as per matrix RH1-8. g. Encourage the marking of historic and cultural sites along or adjacent to the Highway 101 corridor. 2. Improve the aesthetics of scenic Highway 101 corridor. a. Encourage placing new and upgraded service utility lines less than 121<i10-volts (KV) underground as per matrix cell RH2-1. When new utility lines over 12 KV are constructed, they should,'- be placed on the south side of the road to reduce icy pavement ~nditions. b. Encourage highway landscaping to s~pport the rural chara,cter and reduce visual impl:\yf. of parked vehicles, equipment and etc. along the highway as per matrix cell RH2-2. Consider retaining} native vegetation as a priority. . c. New fence .construction adjacent to road right of way should not detract from the rural' character as per matrix cell RH2-3. d. Improve aesthetics of the scenic Highway 101 by the prohibition and eventual elimination of off-premise commercial signs (e.g. billboards). prioritize the removal of off-premise signs, with signs outside urban growth a~as being considered a high priority. 3. Increase regional mobility of goods. services and passengers and increase access to regional attractions while preserving and enhancing the urban commercial corridor. a. Insist upon the State Legislature -and Department of Transportation to complete Improvements In the Sequlm-Dungeness sub-region as desCri.bed in the Final Environmental Impact state(11ent for SR 101, Palo Alto to O'Brien Road. b. Review need for new highway alignment to Improve circulation and regional mobility in the Port Angeles sub-region. c. Review the need to have a new highway connection from Neah Bay to Ozette along or near the <;oast. 4. Preserve existing road and highway system. ~ORT ANGELES WAS H I N G TON, U. S. A. DEPARTMENT OF COMMUNITY DEVELOPMENT Date: May 31, 2002 To: Craig Knutson, City Attorney Subject: t Brad Collins, Community Development Director ~ Municipal Code Amendments MCA 01-02B Ordinance From: Attached on the final Titles 14-18 Municipal Code Amendments as recommended by the Department of Community Development. There are several Sign Code issues remaining between the Den recommendation and that of the Planning Commission. The primary difference is in regards to the prohibition of fluttering devices. There is also an outstanding Subdivision issue with the Public Works D'epartment regarding "assuring safe" versus "improving" school.walking routes per RCW 58.17. Please draft the Ordinance for MCA 01-02B. I have also attached the May 22, 2002, final staff report which includes a set of findings and conclusions recommended by the Planning Commission as well. The public hearing is being sched';lled for June 17, 2002. If you have any questions or need more information, please call me. . ~ORTANGELES WAS H I N G TON, U. S. A. DEPARTMENT OF COMMUNITY DEVELOPMENT Date: May 31,2002 To: Mike Quinn, City Manager Brad Collins, Community Development Director ~. , From: Subject: Municipal Code Amendments MCA 01-02B and Citizen Code Advisory Committee Report Attached on the final Titles 14-18 Municipal Code Amendments as recommended by the Department of Community Development. There are several Sign Code issues remaining between the DCD recommendation and that of the Planning Commission. The primary difference is in regards to the prohibition of fluttering devices. There is also an outstanding Subdivision issue with the Public Works Department regarding "assuring safe" versus "improving" school yvalkingroutes per RCW 58.17. You asked for another copy of the report that I gave you in January on the Citizen Code Advisory Committee, and I have attached that as well. I have also attached staff reports which includes a May 22 set of findings and conclusions recommended by the Planning Commission as well. Planning Commission minutes from a number of their meetings on these issues are also copied. The public hearing is being scheduled for June 17,2002. If you have any questions or need more information, please call me. Planning Commission Minutes May 22. 2002 Page 12 CONTINUED BUSINESS: PROPOSED MUNICIPAL CODE AMENDMENTS - MCA 01-02 - CITY OF PORT ANGELES. City-Wide: Suggested changes to the City's sign, parking, environmental, subdivision, and zoning regulations (Titles 14-17). The changes were largely recommended by the Citizens Code Advisory Committee appointed by the City Council in 2001. (Continued discussion from April 24, 2002.) The Commission began continued review of proposed Municipal Code amendments with discussion on the proposed sign amendments as Commissioner Porter needed to leave the meeting and wished to discuss sign amendments prior to his departure. Commissioner Porter stated an objection to the limitation of 32" in area for political signs in residential areas as noted in Section 14.36.050(6) Prohibited Signs. In response to Chair Schramm, Director Collins noted that, in researching the issue, staff believes state regulations allow political signs to be reasonably limited. The language that exists is what was decided some time ago to be reasonable. It is not new language. Commissioner Hewins noted that the proposed changes .are for commercial zones and not for residential zones of the City. The Commission was polled and agreed to revise the wording such that it reads "Temporary political signs and Sigtl disp?aJs in r~illdoWS of party pljliticallu:tldtjuaf'ters, provided tIrey such signs are not located in Dubic rights-of-wav and are removed within (14) days after the election:.. And further pI tytlitl~d 'rtihen placed in I t;sidential zones SUd1 signs d(j n(jt excud ({ti, ty fttllj (32) inclles in height and f"uI (4) J..f.eetin r~idtll. The Commission agreed that some size limitation may be appropriate in residential zones, but that is not under consideration at this time. Mr. Collins noted that S~c.tion 17.95 of the Zoning Code addresses political signs. Regarding Section 14.36.080(C) Prohibited Signs, Commissioner Hewins asked if a section repealing previous sign requirements would be included in the proposed amending ordinance. Director Collins responded in the affirmative. Commissioner Schramm stated that, after considerable discussion, the Planning Commission had earlier agreed to remove pennants, flags, flyers, ribbons, balloons, or other fluttering devices or strings of such devices..." from prohibited signs as described in Section 14.36.050(6) but it still appears to be a recommendation. Director Collins responded that he incorporated what he believed to be the intent ofthe Commission which was to allow fluttering devices in the Commercial Arterial Zone but not in other areas. Commissioner Hewins pointed out that staff s recommendation will be different than that of the Planning Commission. The proposed language is staff s recommendation, .not the Planning Commission's polled vote. l Commissioner Rasmussen did not have a problem with staffs proposed wording of Section 14.36.050(6). Commissioner Schramm stated that it seems like an attempt is being made to create a sterile business environment where strict rules prohibit a variety of items outside the window. Although he agrees that standards need to be set, the logic that fluttering devices, balloons, flags, or flyers create more of a hazard than other devices such as moving signs is not believable. Windsocks Planning Commission Minutes . May 22, 2002 Page 13 or assorted balloons, placed for short periods of time to advertise a particular item are not safety issues. He stressed prohibiting only those items that make sense and/or pose a safety concern. Commissioner Philpott saw no reason why a 35' Ronald McDonald replica for a short period oftime advertising McDonalds Restaurant is a problem. Commissioner Philpott favored A-frame signs in the Downtown but. wanted to ensure that they would not pose a safety concern for pedestrians. Director Collins pointed out that language had been added allowing A-frame signs such that they could be placed in rights-of-way with a Right-of-Way Use Permit and naming the City as an additional insured on the owners' insurance policies. Commissioner Rasmussen agreed but asked that the wording be expanded to include not just the Downtown but all areas of the City where there are zero setbacks. Commissioner Hewins pointed out that such language could result in an administrative enforcement problem that will require staff to check each A-frame sign to see if a permit and a hold harmless agreement have been filed ifthe sign is in the right-of-way. It was generally agreed that stilndards should be applied consistently throughout the City and not be more lenient in one area of the City than in others. No impediments~ particularly signs, should be placed in the rights-of-way. Commissioner Philpott moved to recommend that an item "K" be added to Section 14.36.080 Permitted Signs to read: K. A-Frame Signs. One A-frame sign that is no larger than six (6) square feet per side and no higher than thirty (30) inches from ground level shall be permitted per site as a freestanding sign provided that such sign shall be securely anchored to the ground to prevent overturning due to wind or being moved to an unpermitted location. A':'frame signs shall not be located in public rights-of-way except when a building is built to the front lot line and provided that the sign owner obtains a Right-of-Way Use Permit and names the City as an insured on the sign owner's insurance policy indemnifying the City. Commissioner Rasmussen seconded the motion which passed 4 - 1 with Commissioner Hewins voting in the negative for reasons previously stated. After reviewing each ofthe remaining attachments (C, D and E), with discussion and typographical corrections being noted, Commissioner Porter moved to recommend approval of the proposed amendments to the Port Angeles Municipal Code as modified by the Commission through these proceedings. Commissioner Philpott seconded the motion which passed 3 - 2 with Commissioners Hewins and Schramm voting in the negative. Commissioner Hewins voted against the motion because he is opposed to some recommendations in the amended sign code. He did not believe there had been enough public participation to amend the sign regulations City wide. Changes to 14.40.050 (Parking Space Requirements - Public and Institutional Uses) is too lenient and not specific enough versus private uses. Commissioner Schramm concurred with Commissioner Hewins' issues but was mainly not ready to forward the amendments to the City Council at this time. He would have been more comfortable seeing the changes once more prior to forwarding them for action. FORTANGELES (J) WAS H I N G TON, U. S. A. DEP ARTMENT OF COMMUNITY DEVELOPMENT Date: January 29, 2002 To: Mike Quinn, City Manager Brad Collins, Community Development Director~ Citizen Code Advisory Committee Report From: Subject: The Citizen Code Advisory Committee (CCAC) appointed by the City Council last spring completed its review of Titles 14-18 of the Port Angeles Municipal Code (PAMC) in the summer. This report summarizes the recommendations of the CCAC. Their recommendations would not change the construction (Title 14), environmental (Title 15), subdivision (Title 16), zoning (Title 17), and growth management (Title 18) codes in any significant way. For the most part, the Committee members were more concerned about the tone of the code language and the attitude of the City staff enforcing the codes than the regulations, which are in many respects mandated by more than local legislation. You can review Jim Haguewood' s summation of concerns, which represent the consensus of the Committee. Although we did not change the regulations, we have tried to make the code language less ambiguous and less subject to multiple interpretations by future staffand applicants alike. The code amendments were provided under separate cover in my January 30th staff report to the Planning Commission. A numberof documents from the Citizen Code Advisory Committee effort are also attached for your reference. Ifyou have any questions or would like to review any oftheissues and proposed changes, please just schedule a time when you would like to get together. Attachments: Jim Haguewood's Summary Comments f', Iv Documents from the CCAC follow-up, meetings, and set-up 1---:- ------ ---- CITY O-~. PORT ANGELES PUBLIC NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that on November 19.2001, the City of Port Angeles Department of Community Development submitted a proposal to AMEND THE PORT ANGELES MUNICIPAL CODE and ZONING MAP by making amendments to the Municipal Code that are considered minor in nature and are intended to refine, correct, and clarify existing procedures and requirements. The amendments generally include the addition and clarification of certain definitions; the correction of certain titles; amendment to th~ period of time required for public notice in the case of variance applications (Section 2.52); verification of , the description of a nuisance for abatement purposes (Section 8.05); the addition of Washington Administrative Code citations previously overlooked (Chapter 15); distinction that preliminarily approved short plats may be offered for sale under certain conditions (Section 16.04); and amendment to the development standards for home occupation uses regarding site improvement(Section 17.17). Also proposed are changes in the zoning designation of properties owned by the Port Angeles School District and contained in the development of the Port Angeles High School that are not currently designated as PBP, Public Buildings and Parks, to be PBP, and the designation of both the City Hall and ClallamCounty Courthouse parking lots as PBP, Public Building and Parks; consider amendment to sign regulations such that there is a standard sign regulation City wide and consider amendment to temporary sign provisions; add further cross referencing for readability; refine platting regulation language to be more consistent; and review with possible amendment to established street standards. Interested parties may comment on the proposals and review pertinent materials at the City Department of Community Development. Comments must be in writing and submitted to the Department of Community Development, 321 East Fifth St., Port Angeles, Washington, 98362, no later than DECEMBER 5, 2001. The PORT ANGELES PLANNING COMMISSION will conduct a public hearing on the proposals on DECEMBER 12. 2001. after which time a recommendation for action will be forwarded to the City Council. STATE ENVIRONMENTAL POLICY ACT: It is expected that a determination of non significance will be issued for these proposals following the required 15-day public comment period per WAC 197-11-355. City Hall is accessible to persons with disabilities. PUB: 11/23/01 . I' '. POST: 11/20/01 (0-::t:L.. +~~U -'\-) MAIL: N/A ~~L~ C: \My Files \FORMS\NOTICES\hollsekeep i.4-.',--, ~ ~ ~~ .-~~~-~~ ~~5 ._~~ II / z..:.1 ~ .....'. ~. II/I r. Of{C> (c) ~ ~1fr ~ ~ ~ ~ c..:<f",Ii""'f f. ~ ~ 5~ -(n ~~ ~ ~~ ~ ~ ~~~ ~~-ti.~_ ~~~ .........--- ~~.~~~~~~ ~.. klJ ~b~~~F~~-~~ ~r~ ~~k.hl.. ....:.~ ~ r tFl..f.f>'h_~ <t'f'2-.ot.> '......~... . f'f ~ -{f----L .........--- ,.. 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J:o ~ ~ ",--t~ ;r~ Page 1 of2 Brad Collins From: To: Sent: Subject: Jim Haguewood <jhaguewood@clallam.org> Brad Collins (E-mail)<Plandir@cLPort-Angeles.wa.us> Friday, August 10, 2001 1:09 PM FW: Code Review Committee Brad, I appreciate the opportunity to participate in the code review process. I believe that the process was productive by providing input to staff on changes and priorities regarding the code documents and development process. Personally, the process was educational by providing a chance to better understanding of the codes and departmental process. The following are the primary issues that I personally would like to offer: 1. Much of the content in the municipal codes is generated from state and federal regulations. Consequently, the content and structure of the documents is dominated by legalese. Understandably, this structure has to exist, but it does not result in the inability of the reader to understand the regulations. 2. It is accepted by the community that rules and regulations are a part of the development process. Consequently, the development process is impacted, positively or negatively, by the philosophy, personality and policy that drives the community development department. Currently there is a positive, service oriented philosophy with a willingness to do the best job possible to gain compliance with the regulations. The concern lies in the staffing change which will ultimately occur in the future. A recommendation is for the community development department to create a policy or mission statement to set the standard by which the development process is approached. The goal of gaining code compliance, for example is proactive and positive, where as, strict interpretation and lack of flexibility by staff will stifle economic development. 3. It is agreed that additions will continue to occur to the municipal code due to an ever changing economy and community. As new additions are proposed to the codes the review process needs to include a cost/benefit analysis. New definitions may not impact development to the same extent that additional development requirements on infrastructure or design elements may. Brad, thanks again for the great lunches and I hope that this will help to achieve the Cities goal. Jim Haguewood, Executive Director Clallam County Economic Development Council 9/1 % I c,C, A c. fJ! '1 /'D I J H Ci,", f':- [) G.C D f L>H tJ cH ~ i f r7. I), o~ 0 (e ) I 0C) ~ 'fJ fO 1}1~.r'""-J U"}.<'-:7 _, 0 \J) t~ ?j~-f( \~ d()~ . CC1~ -~;.,~. . . , l~ c:o~d- ~ v~i.d-,~~ M~Q G~ b!2.. l-'t-~.~( ~ .;;),IVt~ h/-- ~~ ~ 1P1~ ~~ ~.. h~~ ~ V"5 wi.JI~~~i ~. \1 ._.~ ~.. ~^~ ~ u~e;~~~ / " ) , ~ ~ ~1.:;K. ~~ ~~~ bJ b-t- c.4,",~ a ( ~ I ~ ~~~ -t~ ~~ ~';urt~ ~.~~'b~~ ~ 0~ ""'- .~ fy, ~7 ~ ~ 4~ -f.., ~ \f5 &~'b""V7 /\9'19~fZ.. &1~ . W ~ ~ CtA--r) /~~---e ~ 4k()l-C- 1 cc Q'YW>~______ (;6~ '5~~ ~"?rtff lL~ ~~ q~;~ Co~~ ~ LJ. . . 0 . v, -\x9-J! .f.-&. ~~-"_ -~?-c::z- \''d~ 5"'h~~ ~ORTANGELES WAS H I N G TON, u. S. A. PLANNING DEPARTMENT Date: June 29, 2001 To: Brad Collins, Planning Director Debi Barnes, Associate p]ann~ Update on Code Advisory Meeting From: ' Subject: The code advisory meeting held on June 2Sth was attended by Jerry S., Hank Gibson, Ken Debuc, Lou and myself. We reviewed Title 15, as scheduled. The following is a summary of that meeting: . PAMC 15.04. Hank mentioned that the chapter was hard to read as it generally defers the requirements to the RCW and WAC. He asked if it was possible to incorporate the relevant parts ofthe state law into the local code in order to help folks understand the requirements. Jerry added that when SEP A questions arise, that he just asks the planning staff what is required which then puts him in the position to. accept the interpretation of the staff (unless he challenges them - which requires time to become more familiar with SEPA requirements). Jerry added that, from his experiences on the projects that he was involved with, SEPA compliance was not cumbersome as repetition helps gain knowledge about the process. Debi asked if anything additionally required as a result of the SEP A process, which was answered 'generally no'. Discussion of the large blue Admiral building followed. Jerry commented that adopted standards should be enforced better than they are. He for one, follows the requirements but then others are allowed exceptions, adding the lack of fairness. Landscaping was discussed as an example. Some folks spend a lot of time and money on landscaping when it is never inspected nor acknowledged by staff. The discussion led to whether citations were appropriate, which all agreed should be pursued in order to be more fair. Discussions on thresholds were made, including the .Fire Dept. requirement for sprinklers for buildings >6250 s.f. when the SEP A threshold is 4000 s.f. and the UBC requires engineered design for buildings> 4000 s.f Debi explained the flexibility allowed in the SEP A WAC that thresholds could be raised when the impacts from such proposals are addressed by other ordinances. Jerry and Hank agreed that providing a summary of these requirements for the next meeting would help. Debi will follow up on that assignment. I I · PAMC 15.0S Shoreline. Debi said that this ordinance is required and is related to the City shoreline master program. [1 forgot to note that the permit processing requirements need to be integrated with PAMC 18.02 - which can be addressed when reviewing 18.02] · PAMC 15.12. Debi stated that this ordinance is required for the City's participation in the flood insurance program. · P AMC 15.16. Debi stated her unfamiliarity with this ordinance. No discussion followed. · PAMC 15.20 and 15.24. Debi stated that these two ordinances could be combined. Debi noted that they are working for the most part and it would be a lot of work to update them [I failed to note that the city is required to review them by 9/2002]. Jerry asked about the jurisdiction of the SMP/sensitive areas requirements. Debi explained that SMA specifies within 200-feet of a shoreline. The sensitive areas requirements generally follow state guidelines and not laws. The local government has some leeway in what is adopted. Lou mentioned that the City needs to inform applicants of other requirements such as OAPCA,but does not have to enforce other agencies requirements. · P AMC 15.28. Debi noted that a couple minor changes occurred last fall. In general, the requirements are followed by some, and should be enforced more than they are. TO DO: Debi will provide a summary of the SEPA thresholds allowed by WAC 197-11. _____ ~1v~-~-.--------------~Lf-.~-i ~L________~~Ac __~________________________.~___~.___ (LW V<f . t ---.------ -~------_._._.__._----------- -. --------------- _~_.flv'f!61 J'1_~~~ _~~ ----_._._------'_._._-_._...__._~~--_.__._--_._._------_._-_._--_._._-_._--_._---_.__._---.-.-.._._-~._.._..-'-"--'~----~'- ~~~ . ...' n_'" _...__......_ n ,"_ U_"___'_' ____.__. .._....., ,... 0.._'_" _ .._.~._" _ ,...._,._ .'_. ,."._,.___ '_" ".,.._. ._...u__._..._ ____.____H__.__...____._...__._....__.__. ._..~"________.__n':m - ..-.--------.-.--.~--.- ....-.....-...... -'... -......----....~..-_..--_.._.--_._-,---~-.- .---.-...-.--...--....-..... _.-..~---_.-..._---_._-_.- ____i2t_~-~-~ 7i~~~<J;J'~~____ _n~______n~~~~~~- -----.-. __RW__j6.0'f.]-~~~f/:)~ . . ~ ,a,~~ - ~~ ~~L 12A>~~~ ~~~~ ~ U ~~.~i"~ ~~~ :*- - ~ -er; ~O-- ~--- ~-~~~ ~ --~~-- --- . ~,'~/~~_I ---~--~~~ ~~~ ___________r\l~ t2._~_~ .r- ~ ~.5------c-----_------ r~----n- . ~. . ~ ---~-~ ~ ______________:k ~ f;rvJ, ~- ~ ._------_._---_.__._._~~---------- --- ./ .}'.. ~ /" ..,. . The Law Firm of Platt~~~i!1 Taylor s. Brooke Taylor Bart G. Irwin Gary R. Colley StephenE. Oliver Stephen C. MoriartY David B. Neupert . Patrick M. Irwin 403 South Peabody Port Angeles, Washington 98362 (360) 457-3327 .Fax (360) 452-5010 e-mail: lawpa@tenforwaid.com Sequim Office 541N 5th Ave., Suite 200 Sequim, Washington 98382 . . (360) 681-5000 FrankB. Platt Stanley A. Taylor RETIRED May 25, 2001 Please address all mail to the Port Angeles office Brad Collins, Director Department of community City of Port Ange1es 321. East Fifth street p.o. Box ~150 . .. . Port Angeles; WA 98362 RE: Code Advisory COIDlllittee Development .. COMMlJNlTYOEVELOPMENT Dear Brad: En<::lQsed isa copy of page 16-27 of the subdivision codes. I just had a q:uestion in sectiQn16.12:030 as to whether the word -"planned" was. a typographical error and should have been intended as.. the word "platted". You might check ~that . before the next, meeting. .. very truly yours, EfPent"WitkJ~ to. ~~ Gary R.Colley GRC: Ink enclOSure , I I' ~ \ _...._.~...._. _ _.__~}~_~d_d U___ _U_ _n. .... ._ .J!~I.f/~lu -u--'<:Ac:-..---{E:~l_~,'j__~_~~:';n_________ ~ i ~---------------------------------~-~r-Jl-l-j:!'-~rJH.t--~-/J2..e---_------~n~/-.r~l_J:J?_I__~~,l~.~_I__!~L~___ .........__________. _U__...._... --- ---- ._---~---- -------- --- ---- ~--- -"- -- ~ - - ,-- ------------- -- ------------ - - '. - - - --- -.._------------------ -._-- --~---- "--- ----------~--- - ---------- ---- .--- ~=_==~!~:=::~~~--~~4::-~~~~t-~~====-=~~=--~~~===== JJ.f - rJ. · ~ V, _______________._____.___________~__h___~____H_~---- __ _ __ __d. __ ______ ____ __ _______ ____ ___ -" m" _" -" -"--" "- "=--~ -" "___"._u n__ _ " _" m" __ ____ _u "__ _ _"" __mn U____"_" n" """".__ ". U ___.____________i1~~_l~ .L____._ tb~e::t_~_~1~____~ _J~:_o 'i_~I~_+---~ " '-~-~1_'f-~--t--I<8'-~-!~:2y~- -? --.-----.---.---.-------.-------------L'iL!?-~-.~---!~-l_____.L8.,J.2$ ~Jl.Q______.__.______._.._______________.:._~_.__________.___________C-___ --...-..------.-.--..--..--.---.-------.---.-----..--,-------...--.-------.-.-----------.---....-..-.-.----.--_._--_.._---_._---_.~-----_.__._-_._._---,----------'---..--.- ..___.._...._______._._~l~_~~--.~-::.-~-..~--~~~_.__=-_____2M_?____~~_._~_~ __..___..__H_._.________.._____._._.___._____._.__..__~,___._____________________..__._~_.____..___<.___________.________..,___..____________.___._...______.._____________...____._.____.__ ...------------.--~~---~~--.~---=:-.~~-~~~----~~-b~--~--~--- ~~ ~~---~===--=-~--~~ -:~-~ ~~.;-=M:~1~~ --.---.-..--..---..-.----.--.-..------.-------.----.-----.---.--------..----------..-------..--.---..------.---_.._-_._--_._--~.._.__..._------_._---_._-_.._--_..._-----.-- n...~.~_~~nl1-=-~--~-~~-~-;~_-~-n--~-- ----------n----------------n--------~~-~----ictr~---~~~ ~ ~ ~____~~- ~~~~_?:~ -T) - ~ (j.)?~~~:2 n . t..t \? tn ~ f'es _m_._..__.___..__..._._.___n._._..__. --.......-..---..--.---________.._____..___.__1..._______:.L~____.__..._.___.__.._________._________..______.____. ._____.________...______.___________._____._.._._. . ....__.___.._.___..._.._..___ec__=-__.__L~__../~~~~_..~.n___~___.~_____..__.____.___.___.____...___. ...... '..---'-..,-.-...-- ..-.......-. -..--.-.---,,--.- ----..--..--.-.- "-- ----.-..-.-.---.... ----...--.-.---....--..---..-.-----.--- --._-~.__..._.__._--." -.---.-------.- -.---.---..--..--..-..--.---.-...-.-.-..----.-...----.--"~'---'----'-'-_.__.-.- ----.-..-..- ..~--- ' ~~=~~::~~-~~-~-;~~~~~;:=~~~ _ ....... .._ .--. __ _.... _ ..... .."....._.___.___ -_.______ ......_...._.__... m_... m. . .n_. ___..._........ ..._.._____.____..__ __.._____ '___'_'__'___n __......._._ ....._.._________.__.____.___.__.___..__.__. .._,_____~__.._._,,~__. ___h' '__' _... ....._..__ .___._...._____.....___...~_____...___ __.~~__.._____._._. .__.__.__.___.__~_.__.__ ........"......."..".....IX:._=__~~~~_~.~~~.~.._~___ .---. '''-,.-.' "--.., ... . - .....- ...- ..,,-....----....---. ....<--. n.......__ '. ..... ____...._.____._..~..__..___ ._.____.._~..__.._____.__..._,,_..______ ._.~...__ ___.__..__.___~___.__~_.________.._ _...._. ._...._ ___........_..___....___.__..____~.._._ u__._._._ ___ ___...".______.. _...._. ___.__...__~__.~_..__.. .._.._._.... __. ......_.._._._.._____._.__ ._~. ___ ~ . \ nm"...".....~'S.Jj~~~~-~-'~.".~~"k~-~~-r~ % .'A ~..-Li"'U~ -.... - ......--.. .....-..--..--... .... ......n..._ --..--- -.---~------.---if-q-!<C.--::"'----..--.--.-...--.----..---....---. ..--.-..---.-.-..... ..... ._. ..___.____._.__._.____.._._...___.__.... .____... __ _w__. __.c. ..._.....___....... _ ........ .._.._. Citizen Code Advisory Committee Minutes Thursday May 10, 2001 Attending: Gary Colley, Hank Gibson, Craig Miller Staffing: Brad Collins, Lou HaehnIen Lou reviewed Chapter 14 Construction Codes and suggested that a minimum permit fee of$42/inspection should be considered. Everyone thought it was reasonable. The.City is currently using the 1997 Uniform Building Code, and the State is changing over to the International Plumbing Code in July, 2002. . Public can't really use the construction codes because they are just technical requirements for the most part. Gary brought up three sections that were particularly confusing: 14.01.090 (c) and (h) seem contradictory with (h) giving the Building Code Board of Appeals broad authority and (c) giving them no authority to interpret administrative decisions. Lou, Craig, and Hank explained the administrative provisions versus the requirement provisions. Gary thought a better explanation ~to why some . interpretations are not. appealable would be helpful. There have only been ]'4 appeals in the.Jast 8 years. ,., '.':;~;.';.' ,- -,. ',' :....r '.~ -.-, - !; ~ - . , 14.03.040(b) fees for signs not in 14.36 Sign Code Chapter seems misplaced. Brad explained that 14.36 applies to Downtown only. as a !'pedestriab~rlented"sign:Zon~ and sign requirements for "auto oriented" signs are still found in'.the Zoning Code. Craig suggested.,that the name 14.36 Sign Code be changed'ttt\14'.{16'DowntownSign Code. Hank and Brad thought that adding a new s'ection to 14.36 separating pedestrian and auto oriented signs and relocating Zoning Code sign requirements 'here could be helpful for the public trying to understand the City's sign regulations. 14.21.060 last word on the 1998 version page was missing. Most of the Committee members had the 1997 version with the last word there~ Why different versions? Craig raised concerns about the obstacles for new businesses that frequently come up as difficulty meeting the parking requirements is widespread. He pointed out arcane language for uses that no longer are very applicable. Brad explained the quantitative distinction in certain residential arrangements such as sleeping unit, beds, and dwelling unit and gave an example of language that had been lost in Zoning Code changes for senior housing that basically allowed 1 parking space per seruor housing unit. The issue of parking standards and ability of the Committee to change them was discussed. The general conclusions for review of the Construction Code Chapters was that there were not too many language concerns here from Committee members. Relocating all sign requirements into Chapter 14.36 and revising parking standards should be changed to address a more unified and up-to-date approach to these regulations. i Citizen Code Advisory COIl11l1ittee Minutes Tuesday April 17,2001 Attending: Gary Colley, Hank Gibson, Roger Wheeler, Jerry Schwagler, Jim Haguewood, Donna Petersen Staffing: Brad Collins, Lou Haehnlen, Ken Dubuc Introductions were made by everyone. Brad explained the proposed code review approach, which would look at four different sections ofthe City's codes: construction, subdivision, environmental protection, and zoninglland use. The hope is that most of the work would be done individually at home reading iUld writing down comments about language problems iUld solutions. The committee would likely meet only twice a month to discuss these problems and solutions and be done by early summer. Each member was invited to share their initial thoughts about the codes and the proposed review process. It was suggested that the Committee members be given a list of Committee members and their contact numbers/addresses. An outline of the codes to be reviewed was requested. People will be writing down errors, omissions, and corrections, but we are going to get:into wordsmithing by committee. Issue isn't language butts service attitude ofthe~ff AAd how cumbersome the process can be (atlonCity example was given). A question was raised about how to keep {new requirement) itemsfronl:popping up after the initial (permit) reviews,', It was suggested that a better punch 'listfof'permit review needs to be followed. It was further suggested that the City get permit review software that must be ' consistently foUowed..dnterpretationis an area that constantly creates pr~blems~ Whatis a" code -- not defined 'Well enough -- what is the purpose? ' . \~ ',;': ".. The Conunittee,decided to meet on the second and fourth 'lhUrsdays:at:noon (for 60- 90 minutes), and the City will provide lunch. , . '. j Port Angeles Municpal Code Construction Codes -- Title 14 14.01 Construction Codes 14.03 Building Code 14.05 Electrical Code 14.21 Fire Code 14.22 Fire Alanns 14.24 Fire Zones 14.26 Automatic Fire Sprinkler Systems 14.32 Moving Buildings 14.36 Sign Code 14.40 Off-Street Parking Subdivision Codes -- Title 16 plus 16.04 Short Plat Subdivisions 16.08 Subdivision Regulations 16.10 Binding;-Sitehnprovement Plan 16.12 Boundary Line Adjustments 18.08 Urban'Services 13.60 Sewer Senvice 13.61 General Provisions'-Penalties ' 13.62 Connections - E~tensions 13.63 StormSewer.,.,.. Regulations .~~. c. ~ . ~. . ."~,-" - :- .. , ..-, .' .,,0;, ......, ," .' r:..... ,"',':j>.. Environmental Protection Codes -- Title 15 15.04 Environmental Policy 15.08 Shoreline Management 15.12 Flood Damage Prevention 15.16 Noise Control 15.20 Environmentally Sensitive Areas Protection 15 .24 Wetlands Protection 15.28 Clearing, Grading, Filling and Drainage Regulations Zoning/Land Use Codes -- Title 17 plus 17.01-17.96 Zoning Code 18.02 Consolidated Development Permit Process 18.04 Comprehensive Plan Implementation and Amendment (Growth Management) Roger Wheeler 122 South Brook Port Angeles, WA 98362 Jerry Schwagler 233 Alice Road Port Angeles, WA 98363 Hank Gibson 618 South Peabody #J Port Angeles, WA 98362 Jean Irvine 330 East First Street Port Angeles, W A 98362 CODE ADVISORY COMMITTEE 360-457- 9724 Y/t1 X 360-457-1809 jandj@olypen.com (E-Mail) 360-452-3807 (Fax) \.fIt'( X 360-457-9523 gibson@gibsonarch.com (E-Mail) 360-457-9566 (Fax) YITi rfD 360-452-7861 Gary Colley 360-457-3327 403 South Peabody Street 360-452-5010 Port Angeles, W A 98362 Craig Miller 360-452-3895 230 East Fifth Street Port Angeles, W A 98362 Jim Haguewood 360-457-7793 102 East Front Street 360-452-9618 Port Angeles, WA 98362 Donna Petersen 360-452-3023 619 South Chase 360-452-3047 Port Angele~1 WA 98362 Tim Smith 360-417-4804 P.O. Box 1150 Port Angeles, W A 98362 Lou Haehnlen 360-417-4816 P.O. Box 1150 Port Angeles, W A 98362 Ken Dubuc 360-417-4653 P.O. Box 1150 Port Angeles, W A 98362 Brad Collins 360-417-4751 . P.O. Box 1150 Port Angeles, W A 98362 x )( lawpa@tenforward.com "If 11 ~~.r:> X r;/tu jhaguewood@clallam.org 'tffi X j&dpetersen@tenforward,com ~{t1 {( x X permits@ci.port-angeles.wa.us Y(f1 f/ro fprevent@ci.port-angeles.wa.us If( It 'f planning@ci.port-angeles.wa.us ttfl1 rfi-o . ~ORTANGELES CITY OF WAS H I N G TON, U. S. A. PLANNING DEPARTMENT April 3, 2001 Craig Miller 230 East 5th Street Port Angeles, W A 98362 Re: Appointment to the Port Angeles Citizen Code Advisory Committee Dear Mr~ Miller: The City Council has appointed you to the Citizen Code Advisory Committee. The first meeting has been scheduled as a lunch meeting in the Public Works Conference Room in City Hall. If you have a food preference, please let me know by Friday April 13. The agenda for the first meeting will be fairly simple: (1) introductions, (2) review committee's work, (3) establish a twice a month meeting schedule, and (4) receive copies of first month's code materials. I hope to make the review process as painless as possible, which means few meetings and more working on your own. Thank: you for volunteering your expertise and perspective. Sincerely, ~b./1/... C' / r,/i \ . 10 <.<.'C" ~ Brad Collins, Director Department of Community Development 321 EAST FI FTH STREET · P. o. BOX 1 150 · PORT ANGELES, WA 98362-0217 PHONE: 360-417-4750 · FAX: 360-417-4609 · TTY: 360-417-4645 E-MAIL: PLANNING@CI.PORT-ANGELES.WA.US r-- ,el.TAN E"'iLr E" S 'I .' i~ .... ~...:. .. cD WAS H I N G T . N, U. S. A. _ATE: August 21,2"2 /,tp~~ ,L , CITYCeUNCIL MEM. T.: FROM: SUBJECT: Summary: The Council continued its public hearing on a comprehensive review of development regulations in the Port Angeles Municipal Code (P AMC) to the August 20, 2002, meeting. In 2001, the Citizen Code Advisory Committee (CCAC) ofreprese:p.tatives from community interests related to development proposed amendments, which have been reviewed by the Planning Commission at a number of public hearings. Some of the amendments, particularly in the Sign Code, continue to be issues, which the City Council will need to resolve. # Recommendation: The Department of Community Development recommends that the City Council continue their deliberations on Municipal Code Amendments MCA 0 1-02B to its regular City Council meeting of September 3, 2002, at which time final draft ordinances for amendments to Titles 14, 16, and 17 will be brought forward. Background / Analysis: The issues with consolidating all the sign regulations into Chapter 14.36 following the language in the Downtown Sign Code and incorporating the Zoning Code sign regulations for other zones remain the most controversial. In particular, the size limitation of billboards has three options from which the Council should choose. The County and public testimony at the June 17' public hearing requested minimizing billboards to a size limit of 128 (81x 16') square feet as in the County's . sign regulations or prohibit them all together. The staff suggested using the current sign industry standard of 600 (l2'x50') square feet. A third option would be to limit billboards to 300 (10'x30') " . square feet, the sign industry standard at the time many of the billboards in Port Angeles were ( ~ erected. Most of the other issues with amendments to the sign regulations stem from applying what were previously the "Downtown Sign Code requirements" to the other nonresidential zones ~ throughout the City. For example, staff has long interpreted sign exemptions a.nd prohibitions from t ~he Downtown Sign Code for signs outside the Central Business District, because the sign \)i regulations in the Zoning Code ignore not only most of these administrative actions but also sign definitions and permit procedures. See Attachment B for all the proposed Sign Code amendments. The issues regarding parking space requirements into Chapter 14.40 have had little public testimony. For the most part, the amendments simply add requirements for new uses and modify or eliminate requirements for archaic uses. Several Planning Commissioners were concerned about the parking problems of institutional uses such 'as ~09itals and colleges that are reflected in standards CC Memo - Municipal Code Amendments MCA 01-02B August 20, 2002 Page 2 .. ~ ., which do not correspond to current traffic patterns for such uses. The developing consepts of "lOw impact development" (LID) and "smart growth" question using "minimum" parking requirements instead of "maximum" parking requirements. However, this issue of minimum versus maximum parking requirements for new development has not been brought forward. See AttachmentC for all the proposed Parking Ordinance amendments. The issues with clarifying subdivision regulations and standardized street improvement requirements revolve around correcting references between various P AMC sections where the standards have been cross-referenced over many years. Most of the examples are with minor language conflicts describing local access street standards. A more recent cross-referencing problem came up in a short plat appeal over sewer connection for all new subdivision lots created after January 1, 1995, while language in Chapter 16.04 and 16.08 still seemed to allow for septic systems under some conditions. This particular issue is not in the proposed amendments. See Attachment D for all the proposed amendments in the four Subdivision Ordinances. The issues with the Zoning Code strike to the heart of the Citizen Code Advisory Committee's concerns, which were to clarify and emphasize what development is desired in each zone. The various code requirements could be more user-friendly and easier to read if the purposes of the development regulations were made positively about what development the community wants to take place as opposed to statements about requirements explaining what cannot be done. See Attachment E for all the proposed Zoning Code amendments. Attachments: Attachment B Sign Code Amendments (Chapter 14.36) Attachment C Parking Ordinance Amendments (Chapter 14.40) Attachment D Subdivision Ordinances Amendments (Title 16) Attachment E Zoning Code Amendments (Title 17) 90 ~ '!o- . \;' ;"""';..i..>"':'_"",,,,,,,,,,:,:: ATTACHMENT B ORDINANCE NO. > AN ORDINANCE of the City of Port Angeles, Washington, creating anew City-wide Sign Code by incorporating the Downtown Sign Code requirements for commercial, industrial, and institutional signs and adding new regulations for commercial message signs to include allowances for A-frame signs, temporary commercial event signs, and electronic messaging signs and specifications for the maximum size of billboard signs, repealing the current zone-specific sign regulations as set forth in PAMC 17.20.220, 17.21.220, 17.22.220, 17.23.220, 17.30.070, 17.32.070, 17.34.070, and 17.40.080, and amending Ordinances 1709 and 2152, as amended, and Chapter 14.36 of the Port Angeles Municipal Code. THE CITY COUNCIL OF THE CITY OF PORT ANGELES DOES HEREBY ORDAIN as follows: Section 1. Ordinance 2152 as amended and Title 14 ofthe Port Angeles Municipal Code are hereby amended by amending Chapter 14.36 PAMC to read as follows: Sections: 14.36.010 14.36.020 14.36.030 14.36.040 14.36.050 14.36.060 14.36.070 14.36.080 14.36.090 14.36.095 14.36.100 14.36.110 14.36.120 14.36.130 Chapter 14.36 SIGN CODE Purpose. Definitions. Applicability. Permit. Exempt Signs. Requirements Applicable to All Nonexempt Signs. Permitted Signs. Prohibited Signs. Removal of Prohibited and Nonconforming Signs. Maintenance Variances. Notice. Enforcement. Violation - Penalty. - 1 - . 91 -t <6 14.36.010 PU1]Jose. The purpose of this Chapter is to enhance the aesthetic find commercial appeal of the Central Dusiness District of the City by establishing standards and regulations for the design, placement, size and maintenance of all exterior signs and sign structures~ which convey a commercial message and aid the general public in locating businesses. goods. and services. , in ord"r to cmphasiu, the pedestrian nature oHIt<=. Ceuttal Dusincss Distrkt. The intent of the Sign Code is to differentiate between the intensities of various commercial and industrial zones as well as the pedestrian character of the Central Business District and Commercial Neighborhood Zones and the automobile-oriented character of other commercial and industrial zones. Commercial message signs are not allowed in residential zones. except as provided for Residential Trailer Parks and Bed & Breakfasts in Chapters 17.13 and 17.18 PAMC. Residential structure and subdivision identification signs permitted in Titles 16 and 17 P AMC are not considered commercial message signs and. therefore. are not regulated under the Sign Code. It is further the purpose of this Chapter to protect the general health, safety and welfare' of the citizens of the City and ensure vehicular and pedestrian safety by prohibiting flashing, rotating. fluttering. mobile. and similar signs or devices that may distract or change locations and thereby endanger the traveling public. , both cxisting as well as those placcd in th" Central Dosiness District in thc future. (Ord. 2152 ~1, 7/1/81.) 14.36.020 Definitions. A. Except where specifically defined herein, all words used in this Chapter shall carry their customary meanings. Words used in the present tense include the future, andthe plural includes the singular. The word "shall" is mandatory; the word "may" denotes a use of discretion in making a decision. The words "used" or "occupied" shall be considered as though followed by the words ~tended, maintained, arranged, or designated to be used or occupied". ~ Banner. Festive. A piece of manmade or natural cloth or fabric, displaying a distinctive non-commercial design; and securely attached by one two or more edges to a building or po1e~ or staff or other de v ice intendc.d for such display. C. Billboards. An off-premise 60utdoor advertising signs containing a commercial message, commercial or other wise, unrelated to any use or activity ofthe property on which the sign is located. D. Display Surface. That part of a sign structure used to display an integrated advertising message. E. Fluttering Device. Pennants. flags. flyers. ribbons. balloons. or other fluttering devices 0 stri 'of such devices which are used to attract attention for commercial u oses. . Marquee or Awning. A permanent covering structure projecting horizontally from and attached to a building, affording protection from the elements; including but not limited to fire-resistive cloth awnings and mansard roofs. PO. Person. Any individual, corporation, association, firm, partnership, and the like, singular or plural. 6H. Right-of-way. means CiA dedicated or owned right-of-way ofthe City, between the outer boundaries thereof, within which may be located a street, highway, sidewalk, alley, avenue, or other structure used for pedestrian or vehicular traffic, or a utility structure or appurtenance. A right-of-way or easement is included within the definition of "Right-of-way" , whether suchright-of- way or easement is currently used or not. - 2 - 92 '\ ;",.,;.""":",/ ... HI. Shopping Mall...For the purpose of this Chapter, a shopping mall is a group of stores and businesses operating by formal agreement under one management and with an association responsible for marketing and promotion activities ofthe businesses as an entity, generally occurring in one building, but occasionally occurring in more than one building, on a site that is developed and operated as a single, integrated entity. fl. Sidewalk. llleans tThat portion ofthe right-of-way, ifany, which is designed for pedestrian use, adjacent and parallel to a street. "Sidewalk" includes the area which would otherwise be a planting strip, if the area is either covered with cement or is otherwise used for pedestrian travel. :lK. .. Sign. Any letters, figures, design, symbol, trademark, or device intended to attract attention for commercial purposes to any activity, service, place, subject, person, finn, corporation, public performance, article, machine, or merchandise, and including display surfaces and supporting structures thereof. *1. Sign Area. The area of the 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 ofthe display. f:M. Sign. A-Frame. A small portable sign consisting of two identically sized surfaces permanently joined at the top and capable of opening to an inverted "V" of fixed maximum width so that the sign supports itself and looks like a capital "A" when viewed from a point perpendicular to the display surfaces. N. Sign. Auto-Oriented. A sign designed to identifY a business or commercial on travel in in an automobile or other motorized vehicle on the ad.acent street. o. Sign. Banner. A piece of manmade or natural cloth or fabric. conveying a comme ssage or attracting attention for commercial purposes and securely attached by two or more edges to a building or poles. P. Sign. Building-Mounted. A single or multiple faced sign. which is permanently attached to a building and which is also known as an attached sign. since iUs attached or mounted on a building. MQ. Sign. Freestanding. A single or multiple faced sign, supported from the ground by one or more columns, uprights, or braces. NR. Sign. Marquee or Awning. Any sign attached to, supported by, or incorporated in a marq~uawning. .S.. Sign. Mobile. Any sign that is not permanently attached to a building or the ground inclu mg A-frame signs. sawhorse signs. trailer-mounted signs. vehicle-mounted signs. pole temporary attachments. and large inflated displays. er. Sign. Pedestrian. A small sign designed to identify a business or commercial activity to a person walking nearby pcdcstlian and indicate the location of the entrance business. PD. Sign. Projecting. Any sign other than a wall sign which extends more than twelve (12) inches from the facade of the building to which it is attached. . ~V. Sign. Roof. Any sign erected upon, against, or directly above a roof or on top of or above the parapet of the building. -3- 93 ~ ~. Sign. Rotating. Any sign which rotates on a fixed axis. ~ ~ Sign. Temporary. A sign constructed of cloth, canvas, cardboard, wallboard, or other light material, intended to be displayed for a limited period of time, not to exceed ninety (90) days within a single calendar year, unless otherwise specified in this Ordinance. TY. Sign. Wall. Any sign attached to and supported by the wall ofa building or the wall of a structure, with the exposed face of the sign in a plane parallel;to the plane of said wall. BZ. Sign. Window. Any sign located inside and affixed to or within three (3) feet of the window panes of a building, whether temporary or permanent. VAA. Street. A public right-of-way which affords a primary means of access to abutting property. WEB. Street Frontage. The side of a building facing the street. *CC. Surface Area or Facade. The surface area.or facade shall be the area of that continuous exterior front, side, or back surface of a building, including doors and windows, but exc~uding any roof area. (Ord. 2452 ~1, 7/30/89; Ord. 2182 ~1, 12/15/81; Ord. 2152 ~2, 7/1/81.) , DD. Visible Sign Area. The total of all sign faces visible from anyone location. (Ord. 2452 ~1, 7/30/89; Ord. 2182 ~1, 12/15/81; Ord. 2152 ~2, 7/1/81.) 14.36.030 Applicability. This Chapter shall regulate signs in the area zoned Central Business District throughout the City of Port Angeles in all nonresidential zones as it--is designated in Ordinance No. 1709 and as it-is set forth in the Official Zoning Map for the City, as it now ~ or may hereafter be amended. (Ord. 2152 ~3, 7/1/81.) 14.36.040 Permit. A. Required. No person shall erect, relocate, or otherwise construct or alter any sign in the Cc.ntlal DusinGss District City without complying with this Chapter and, when required, obtaining a sign permit from the Building Division ofthe City of Port Angeles. A separate permit shall be required for each sign for which a permit is required. B. Permit Application. Each permit application shall be filed with the Building Division by the property owner, lessee, contract purchaser, or other person entitled to possession of the property, or by an authorized agent, on a form provided by the city, and shall contain and include the following: 1. Building name and location. 2. Building owner and lessee; sign owner and sign lessee; name ofbusiness; primary product and/or service. 3. Location of existing and proposed signs. 4. Descriptions of signs, including dimensions, materials, and copy material. 5. Required fee. 6. Name, address, and telephone number of the sign installer. 7. Notarized statement that the building owner or an authorized representative will remove the sign within one year if the business becomes non-operating. C. Permit Fee Schedule. A permit fee in an amount as shall from time to time be set by the City Council by resolution shall be paid to the Building Division. D. Activities Exempt from the Permit Requirements. The following activities shall not require a permit: -4- 94 . .. 1. The changing of adveI1:ising copy or message on a lawfully erected painted or printed sign, theater marquee, or similar signs specifically designed for the use of changeable copy. 2. Maintenance or cleaning of a sign, and repainting existing copy () f a permitted sign or legal nonconforming sign, provided the repainting of a legal nonconforming sign does not occur after the amortization period. COrd. 2542 ~2, 7/30/89; Ord. 2152 ~4, 7/1/81.) 14.36.050 Exempt Signs. The following signs are exempt from the permit requirements of this Chapter: A. Official traffic signs, directional signs, banners, signals, business directory maps, kiosks, and public notices ere<;ted by public authorities. B. Informational service signs, such as "Customer Parking", "Driveway Entrance" and "Exit", not to exceed six (6) square feet. provided. however. that although these signs are exempt. an electrical permit may be required for installation. C. Signs identifying public conveniences, such as restrooms,telephones, bus stops, and taxicab stands, not to exceed three (3) square feet. D. Informational warning signs, such as "No Trespassing", "No Dumping", "No Parking", notto exceed eight (8) square feet. E. Building address identification numbers are to be no more than twelve (12) inches in height, nor less than six (6) inches in height. Number material must contrast with wall color they are mounted on. F. A permanent building identification, including building plaques, cornerstones, name plates, and similar devices. G. ~ political signs and signs displays in windows of party political headquart0I5; provided they such signs are not loc"ated in public rights-or-way and are removed within fourteen (14) days after the election. H. :reffiporary decorations customarily displayed at special holidays, such as Christmas and Independence Day, provided they are removed within fourteen (14) days after the holiday. L. Seasonal decorations. festive banners. and other distinctive noncommercial displays affixed to light poles. or other public standards. by the City or nonprofit organizations. ,If. One temp()rary real estate sign for each street frontage located on the premises for sale, lease, or rent, not exceeding eight (8) square feet; provided that it is removed fourteen (14) days after the sale, lease, or rent of the premises. Two A-frame temporary real estate open house signs not located in the public right-of-way and not exceeding eight (8) square feet in total sign area for each sign: provided that the signs are removed when the house is not open to the public. Kf. One ~ sign for each street frontage denoting the architect, engineer, or contractor, placed upon work under construction, not to exceed eight (8) square feet; provided it is removed fourteen (14) days after completion of construction. L*=. Any sign located within a building not visible from the street or sidewalk.. provided. however. that although these signs are exempt. an electrical permit may be required for installation. L. Hags on gOvernment and commercial institutions. M. Sculptures, fountains, mosaics, murals, not incorporating advertising or identification of a business. - 5 - 95 ~ N. Sandwich board signs worn by a person while walking the public ways of the City. O. Signs painted directly on windows, and window signs, except as the type of sign may be specifically prohibited by Section 14.36.110 of this Chapter. , P. Traditional theater marquees, not exceeding two hundred sixty (260) square feet. provided. however. that although these signs are exempt. a building permit and an electrical permit may be required for eonstruction. Q. Barber Poles. Although these signs are exempt, an electrical permit is required for installation. R. Temporary community service signs which are erected by community service organizations, are intended to record and display the progress toward a community goal or announce a coming cOIIimunity event, do not exceed two hundred (200) square feet, are installed pursuant to a building permit, are removed within fourteen (14) days after the event, and are not up for more than three (3) months in any calendar year or in any six-month period commencing at the date of installation; except that this Section shall not allow the type of signs that are specifically prohibited by Section 14.36.tt6080 of this Chapter; except further that for the purposes of this Section, community service signs shall not be considered billboards. (Ord. 2542 ~3, 7/30/89; Ord. 2182 ~2, 12/15/81; Ord. 2152 ~5, 7/1/81.) S. Signs mounted on public transit vehicles and facilities. (Ord. 2542 ~3, 7/30/89; Ord. 2182 ~2, 12/15/81; Ord. 2152 ~5, 7/1/81.) 14.36.060 Requirements Applicable to All Nonexempt Signs. A. Sign Illumination. Illumination from or upon any sign shall be shaded, shielded, directed or reduced as to avoid undue brightness, glare or reflection of light on private or public property in the surrounding area, and so as to avoid unreasonably distracting pedestrians and motorists. "Undue brightness" is illumination in excess of that which is reasonably necessary to make the sign reasonably visible to the average person on an adjacent street or recognized pedestrian or marine route. B. Content. Content of commercial signs shall be limited to identification of business, major enterprise, product or service. A sign may utilize changeable copy; provided that the copy is limited to identification of products sold and services offered or contains a community service message; and provided further that any sign authorized in this Chapter shall be allowed to contain non-commercial copy in lieu of any other copy and that content of non-commercial signs shall not be regulated or limited pursuant to this Chapter or any other Ordinance ofthe City of Port Angeles, nor shall any such Ordinance be so construed. C. Compliance with other ordinances. Nothing in this Chapter shall be construed to modify or in any other manner alter the requirement that any sign comply with all other ordinances of the City as they may now exist or hereafter be amended; except that content of non- commercial signs shall not be regulated or limited by any such Ordinance, nor shall any such Ordinance be so construed. (Ord. 2649 ~1, 8/20/91; Ord. 2152 ~6, 7/1/81.) 14.36.070 Permitted Signs. A. Total SignA1eaon St1(,<:;t5. Signs in the Central Business District (CBD) Zone. Signs in the CBD zone shall comp1v with the requirements of this subsection. Each individual business with street frontage may have a total sign area of all non-exempt signs not to exceed 20% - 6 - 96 .~ " ofthe surface area ofthe building facade occupied by the business, or two hundred (200) square feet, whichever is less, and up to 90% of the sign may be on a part of the same facade not occupied by the business. When a building is located on more than one street frontage, each visible building facade shall be considered separately. Such signs may be wall signs, marquee signs, pedestrian signs, freestanding signs, projecting signs, or any combination thereof, subject to the following standards: 1. Wall Signs. Wall signs shallbe mounted parallel to the building facade and shall project no more than eighteen (18) inches from the wall on which they are attached. 2. Marquee or Awning Signs. A sign may be mounted on the front or front outer top edge of a marquee or awning, parallel to the street frontage; provided that the sign sh.all not exceed a vertical distance of two (2) feet above the front outer top horizontal.edge of the marquee or awning and all supporting mechanisms are concealed from view; or a sign may be mounted on the side ofa marquee or awning, provided it does not extend above the top of the side. A sign may be mounted on top of a marquee or awning, provided that it does not project more than four and one-half (4-1/2) feet from the building facade. A sign that projects below the marquee or awning shall comply with the requirements of-g-Section l4.36.too070(A)(3) (Pedestrian Signs). The sign area for aback-lit marquee or awning sign comprised of individual letters, figures, design, symbol, or trademark painted or mounted and projecting less than three (3) inches from the surface of the marquee or awning shall not include the lighted background that is outside the area that circumscribes the exterior limits of the dimensions of the. sign. 3. Pedestrian Signs. A pedestrian sign attached to the underside of a marquee or awning shall beat a. right angle to the plane of the building facade and not extend beyond the outer edge of the marquee or awning. A clearance of not less than eight (8) feet from the underlying sidewalk shall be maintained. Said sign shall not exceed six (6) square feet in sign area per side. 4. Freestanding Signs. Where all portions of a building are located more than fifteen (15) feet from the street right-of-way the building may have one freestanding sign in addition to the signsage allowed on the building, provided that it shall not exceed twenty-five (25) square feet in sign area per side or twenty (20) feet in height. If the building has frontage on two or more streets and the building is more than forty (40) feet from those streets, the building may have one free-standing sign that shall not exceed one hundred (100) square feet of sign area per side or a total of two hundred (200) square feet of sign area, whichever is less, or thirty (30) feet in height; provided that the sign area shall be considered part of the total sign area of the building and deducted equally from the allowable sign area of the facades that are more than forty (40) feet from the street; and further provided that the sign area of the freestanding sign shall not exceed the total sign area allowed the building. 5. Proiecting Signs. Projecting signs may be mounted at a right angle to the plane of the building facade, provided the sign shall not extend more than four and one-half (4-1/2) feet beyond the facade of the building. Further provided that signs occurring under marquees or awnings shall be governed by the requirements for pedestrian signs in Subsections l4.36.070(A)(3) ofthis 3(,ctio11. Projecting signs not occurring under marquees shall maintain a clearance ofnot less than eight (8) feet from the underlying sidewalk. QB. Upper Floor Businesses. The total sign area for a business occupying an upper story of a building with street frontage shall not exceed 20% of the surface of the building facade occupied by the business, or two hundred (200) square feet, whichever is less. An upper - 7 - 97 98 .. - 8., , .. 99 - 9 - ~ l.. Building-Mounted Signs. Building-mounted si~s may be placed on any wall not facing an adiacent residential zone. Building-mounted signs may not extend above the top of the eaves or parapet and may not be located on a roof. For buildings occupied by a single business. the total building-mounted sign area shall not exceed 10% ofthe area ofthe building elevation facing a public street to a maximum of one hundred and twenty-five (125) square feet on each building elevation which faces a public street. In buildings occupied by more than one business. the total building-mounted sign area for each business shall not exceed 10% ofthllt business's portion of the building elevation facing a public street to a maximum of one hundred and twenty-five (125) square feet. 2. Freestanding Signs. One. and one quarter (1.25) square feet of freestanding visible sign area shall'be allowed for every one (1) lineal foot of arterial street frontage ofthe site. provided that the maximum area orany freestanding sign face does not exceed half of the maximum visible sign area. The maximum visible sign area for a particular site shall be as follows: Site Area Less than 1 acre 1 to 1.99 acres 2 to 2.99 acres 3 acres or more Maximum Visible Sign Area 50 square feet 75 square feet 100 square feet 125 square feet 3. Off-Premise Signs. Off-premise signs. including billboards. shall be prohibited within the Community Shopping District Zone. D. Signs in the Commercial Neighborhood (CN) Zone. Signs in the CN zone shall \ comply with the requirements of this subsection. Signs may be lighted. but not intermittent or\.,....) <,.."~._,~,, flashing type. and shall not exceed one hundred (100) square feet in total sign area. All signs over -- ten (10) square feet in area shall be restricted to territory no closer than 100 feet from all residential property in a residential zone. Maximum height shall be 20 feet. Off-premise signs. including billboards. shall be prohibited within the Commercial Neighborhood Zone. E. Signs in the Commercial Office (CO) Zone. Signs in the CO zone shall comply with the requirements of this subsection. Signs may be lighted. but not intermittent or flashing type. and shall not exceed fifty (50) square feet in total sign area. provided. however. if the site area is 14.000 square feet or more. then signs shall not exceed one hundred (100) square feet in total sign area. No more than fifty (50) square feet of lighted sign area may face residential property in a residential zone located directly across a street. All freestanding signs sh'all not exceed five (5) feet in height. Building-mounted signs shall not exceed 30 feet in height. Off-premise signs. including billboards. shall be prohibited within the Commercial Office Zone. F. Signs in the Industrial Park (IP) Zone. Signs in the IP zone shall comply with the requirements of this subsection. l.. One building-mounted sign. not to exceed one (1) square foot for each one (1) horizontal lineal foot ofthe building wall or three hundred (300) square feet. whichever is less. shall be permitted for each building elevation facing a public or private street. 2. One freestanding sign. not to exceed thirty-five (35) square feet in area and fifteen (15) feet in height. shall be permitted for each business site. .1. Public and private directional. traffic. and warning attached and detached signs shall not exceed six (6) square feet in area. - 10 - 100 , " Signs may be lighted. butnot intermittent or flashing. Off-pn~mise signs. inCluding billboards. shall be prohibited within the 4. 5. Industrial Park Zone. G. Signs in the Industrial Light (lL) Zone. Signs in the IL zone shall comply with the requirements of this subsection. 1.:. One building-mounted sign. not to exceed one (1) square foot for each one (1) horizontal lineal foot of the building wall or three hundred (00) square feet. whichever is less. shall be permitted for each building elevation facing a public or private street. 2. One freestanding sign. not to exceed thirty-five (35) square feet in area and fifteen (15) feet in height. shall be permitted for each business site. .1. Public and private directional. traffic. and warning attached and detach.ed signs shall not exceed six (6) square feet in area. ~ Signs may be lighted..but not intermittent or flashing. 5. One off-premise sign containing a commercial message unrelated to any use. or activity of the property on which the sign is located..including.billboards and other outdoor advertising signs not exceeding six hundred (600) square feet in total sign area and thirty-five (35~ feet in height. may be permitted on any site that does not contain any sign for businessesJocated on said site. subject to approval of a conditional use permit. . H. Signs in the IndustrialHeavy nH) Zone. Signs in the IH zone shall comply with the requirements of this subsection. 1.:. One building-mounted sign. not to exceed one (1) square foot for each one (1) horizontal lineal foot of the building wall or four hundred (400) square feet. whichever is less. shall be permitted for each building elevation facing a public or private street. 2. One freestanding sign. not to exceed one hundred (100) square feet in area and thirty-five (35) feet in height. shall be permitted for each business site. 3. Signs may be lighted. but not intermittent or flashing. 4. One off-premise sign containing a commercial message unrelated to any use or activity of the property on which the sign is located. including billboards and other outdoor advertising signs not exceeding six hundred (600) square feet in total sign area and thirty-five (35) feet in height. may be permitted on any site that does not contain any sign forbusinesses located on said site. subject to approval of a conditional use permit. 1. Signs in the Public Buildings and Parks (PBP) Zone. Signs in the PBP zone shall comply with the requirements ofthis subsection. One building-mounted sign per building shall be permitted: provided that the sign does not exceed one hundred (100) square feet in total sign area: and is unlighted: provided further that intermittent or flashing lights lighted signs are prohibited. One freestanding sign per site shall be permitted: provided that the sign does not exceed one hundred (100) square feet in total sign area. Signs shall be placed so as not to iml'act a facing residential zone. Maximum height shall be 20 feet. Off-premise signs. including billboards. shall be prohibited within the Public Buildings and Parks Zone. 1. Temporary Commercial Event Signs. The total sign area of temporary commercial event signs that are intended to advertise a special event such as a new business grand n ~nl opening. going-out-of- business sale. or similar special sales event shall not exceed one hundred ~ (100) square feet for a business. provided the temporary commercial event signs are removed within one (1) day after the event and are not up for more than one (1) month commencing at the date of )<fi~ ~ - 11 - 101 ,. installation and not up for more than three (3) months in any calendar year: except thatthis Section shall not allow the type of signs that are specifically prohibited by Section 14.36.080. K. A-Frame Signs. One A-frame sign that is no larger:than six(6) square feet per side and no higher than thirty (30) inches from ground level shall be permitted per site as a freestanding sign. provided that such A-frame signs shall be securely anchored to the ground to prevent overtumingdue to wind or being moved to an unpermitted location. A-frame signs shall not be located in public rights-of-way. except where a building is built to the front lot line and provided the sign owner obtains a right-of-way use permit and identifies the speCific sign in. and names the City as an insured on. the sign owner's insurance policy. 14.36.080 Prohibited Signs. The following signs are prohibited in the Central Business District: A. All signs illuminated by, or containing, blinking, flashing, intermittent, or moving lights; all flashing, rotating, or intermediate lights in, on, or around windows, rooflines, or building exteriors; provided that electronically changing message and digital time/temperature signs~ which do not change the message more than once per 30 seconds. and tIle moving hands of a clock~ as otherwise allowed under this Chapter~ shall not be prohibited. provided. however. that this Section shall not prohibit seasonal decorations. B. All roof-mounted signs, including any signs painted directly on the roof surface. C. AllstJ:ings of pennants, bannel5, fly "1 5, libbons, 01 other ,Efluttering devices that endanger public safety by distracting the public traveling in the publici rights-of-way or by being. made of conductive material such as mylar which can cause an electrical shock or shortage and that are used to attract attention for commercial purposes; provided that su"h other fluttering devices may be displayed to make notice ofthe opening ofa business for a period not to exceed ten (10) days anci(~~2) except as permitted in Section l4.36.070(B)(5); provided however. that this Section shall not --, prohibit seasonal decorations, 01 seasonal festive banners. or other distinctive noncommercial displays affixed to light poles or other public standard by the :Mullicipaliry. City or non-profit organizations. D. Billboards:and other off-premise outdoor advertising signs. except in compliance with Sections l4.36.070(B), (G). and (ill of this Chapter. provided that such signs shall not be directed toward any shoreline subiect to Chapter 15.08 PAMC. E. Temporary signs located on or resting against a motor vehicle, trailer, bicycle, planter, or decorator card for the purpose of advertisement or directing people to a business. F. All signs which purport to call attention to a business or building with words such as "look", "stop", "slow down", or other words of like import or which are similar to traffic signals or signs. G. All moving rotating, or animated signs, except barber poles. ~ All signs which no longer serve an ongoing business. I. All signs which have no permanent attachment to a building or the ground, including 0 t limited to A-frame signs, sandwich board signs. pole attachments, and other mobile signs:provided that signs painted on vehicles which are not parked in a manner directing people to a business are not prohibited. and further provided that A-frame signs as exempted in Section 14.36.050(J) or permitted in Section l4.36.070(K) and sandwich board signs as exempted in Section 14.36.050(N) are not prohibited. - 12 - 102 ... . "-"""-",;", J. Projecting signs that project f\1,rth~r tha~ four and one-half (4-1/2) feet from the building facade; provided that signs occurring under marquees or awnings shall be governed by the reqUirem~. . or pedestrian signs in Section 14.36.070(A)(3). {K. A-frame. signs arc. 110t allowed in the. right-of-way Banner signs. .. All signs not specifically addressed herein and contrary to the provisions of this Chapter. (Ord. 254295,7/30/89; Ord. 218294, 12/15/81; Ord. 215297, 7/1/81.) 14.36.090 Removal of Prohibited and Nonconforming Signs. A. The Building Division shall notify the business owner and the sign owner or lessee and the owner of the property of each sign that is either a prohibited or nonconforming sign under the terms of this Chapter. B. If a sign advertises a business no longer existing or a product no longer sold on the premises for the previous 365 days, it shall be removed within thirty (30) days of receipt of the notice from the Building Division. Ifthe sign is not removed within the thirty (30) day period, the City may remove or cause to be removed the non-complying sign and place a lien against the property for the cost of such removal. C. A prohibited sign, e.xisting and in use. on Jant:lal)i .1, 1982, may be I etaine.d in use "* until August 31, 1990. Sue.h &ign shall be. e.ithclremovcd or madc to conform tothc.re.qtlire.ment~ . . BC. Any sign ;hich i~ of a type of sign permi d u~ S~ction 14.36.070 ofthis Chapte, "> rch does not conform to the specific require ents for that type of sign, and which was legally erected before existing on January 1, 1982 Au st 20 2002, shall be classified as legal nonconforming; and may remain in use:. until six (6) months after date of adoption of this Chap tel by the. City Cotme.il. ED. Any sign which is prohibited or ofa type permitted under Section 14.36.070 of this Chapter;-but which does not conform to the specific requirements for that type of sign as a r CiS uIt ofre.z;oning to Ce.lltIal Dusille.<:>S DistIie.! or amend11lGnts to this Chapter su-b&cquent to July 1,1989, shall be either removed or made to conform to the requirements of this Chapter by the sign owner 011 the fifth anniversary of the effective date of the lezonc or the. amendment, e.xcept that back-lit marquee or a~ning signs shall be either remove.d or made to COliform within six (6) months ofthe effective date of the amendment. (Ord. 2604 91, 7/14/90; Ord. 2580 91,4/25/90; Ord. 2542 ~6, 7/30/89; Ord. 2182 95, 12/14/81; Ord. 2152 99, 7/1/81.) 14.36.095 Maintenance. A. Signs shall be maintained to protect the public safety. present a neat appearance. and prevent deterioration. B. A permit shall be required for structural and electrical modification. but not normal repair and maintenance. C. The Building Division shall notify the business owner and the sign owner or lessee and the owner of the property of each sign that is not maintained per subsection A. .. Any sign which is not properly maintained may be subject to abatement as a nuisance per the Uniform Sign Code. - 13- 113 # 14.36.100 Variances. A. When the strict enforcement of these regulations may impose an excessive' hardship upon any applicant, depriving him of signage rights extended to other parties under this Chapter, then a variance from these regulations may be requested. B. Variance applications shall be made to the Board of Adjustment. C. A variance application shall be submitted on a form obtained from the Planning Department of Community Development. It shall be made by the owner or lessee of a sign or the owner of the property and shall be acknowledged by the owner of the property, if other than the applicant. D. Upon receipt of an application satisfying the requirements of this Section, the Planning Department of Community Development shall route the same to all appropriate Departments. Each Department shall submit to the Planning Department of Community Development recommendations and comments regarding the application. The Plamling Department of Community Development shall prepare a report to the Board of Adjustment summarizing the factors involved, the recommendations of other Departments, and the Planning Department of Community 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. E. Upon receipt of an application satisfying the requirements of this Section, _the Planning Department of Communi tv Development shall schedule a public hearing before the Board of Adjustment. Notice of such public hearing shall be posted at the site of the proposal by the Plamlillg Department of Community Development at least ten days prior to the hearing and published two times at least three days apart in a newspaper of general circulation, except that the final notice to be published in the newspaper shall not be more than three days prior to the date of the hearing. F. Prior to making a recommendation on an application for a, variance, the Board shall hold at least one public hearing. The Board's determination for approval, denial, or approval with modifications or conditions shall be recorded in the minutes in written form with findings based upon compliance with subdivisions (1) and (2) of this subsection as follows: 1. Every variance shall comply with at least one of the following criteria: a. The size of the building is suchthat the twenty per-cent maximum permitted sign area would result in a sign that is too small to read from either side of the public rights-of-way adjacent to the building facade or from recognized pedestrian or marine routes; b. The location of the building and entrance is such that the proposed sign would not be readable from public rights-of-way or recognized pedestrian or marine routes; c. The building facade or other features, such as marquees, is such that no practical location in which to construct a conforming sign exists. 2. Every variance shall comply with all of the following criteria: a. The variance shall not be detrimental to the public interest; b. The variance shall not be detrimental to abutting properties; c. The variance shall not be inconsistent with the purpose of this Chapter. (Ord. 2152 S 10, 7/1/81.) -~ ,;;.<i: ~i."".:: . ii~~ >I!.~-, ~.Y. 14.36.110 Notice. Any notice required to be given by this Chapter shall be given either to the owner or lessor of a sign, or to the owner of the property on which the sign is located. In the event notice is given to the owner or lessor of a sign, the notice shall be given either by personal - 14- 104 , " service or by certified mail, return receipt request~d, to the name of the owner or lessor, as shown on the application for a. sign permit. Ifthere is no application for a sign permit on file with the City, the notice shall be given, either by personal service or by certified mail, return receipt requested" to. the person in whose name the property stands, according to the records of the Clallam County Assessor. (Ord. 2152 ~11, 7/1/81.) 14.36.120 Enforcement. A. It shall be the duty ofthe Building 11lSpec.tOl Division to enforce all provisions of this Chapter. B. No oversight or dereliction on the part ofthe Building Inspc'c.tol Division or any official or employee of the City vested with the duty or authority to issue permits or licenses, nor issuance of a license in conflict with the provisions of this Chapter, shall legalize, authorize, waive or excuse the violation of any of the provisions of this Chapter, nor shall it. estop the City from enforcing the terms ofthis.Chapter. Any permit or license issued in violation of this Chapter snaIl be null and void. C. In the event any person, firm, or corporation shall use, erect, construct, move, or alter, or attempt to use, erect, construct, move, or alter any sign in violation of the provisions of this Chapter, the same is declared apublic nuisance, against which the City may prosecute an action in a court of competent jurisdiction seeking an injunction against the continuation of such nuisance. (Ord. 2152 ~12, 7/1/81.) 14.36.130 Violation. Penalty. Any person violating any provision of this Chapter is guilty of a misdemeanor and shall be punished by a fine not to exceed five hundred dollars, or ninety days injail, or both such fine and imprisonment. Each day that a violation continues shall constitute a separate offense. (Ord. 2152 ~13, 7/1/81.) Section 2 - Repealer. Sections 17.20.220, 17.21.220, 17.22.220, 17.23.220, 17.30.070, 17.32.070, 17.34.070, and 17.40.080 ofthe Port Angeles Municipal Code are hereby repealed, and Ordinance 1709 as amended is hereby amended accordingly. Section 3 - Severability If any provisions of this Ordinance, or its application to any person or circumstances, is held invalid, the remainder of the Ordinance, or application of the provisions of the Ordinance to other persons or circumstances, is not affected. Section 4 - Effective Date. This Ordinance shall take effect five days following the date of its publication by summary. PASSED by the City Council of the City of Port Angeles at a regular meeting of said Council held on the 3rd day of September, 2002. - 15 - 105 ATTEST: Becky J. Upton, City Clerk APPROVED AS TO FORM: Craig D. Knutson, City Attorney PUBLISHED: By Summary F:\ORDINANCES&RESOLlTTIONS\2002-13.ord. wpd August 15, 2002 - 16- 106 MAYOR .. I , ATTACHMENT "C" ORDINANCE NO. AN ORDINANCE of the City of Port Angeles, Washington, revising the City's Parking Ordinance by adding new uses to those with specified requirements, based on changing land uses and previous interpretati()ns made by the Community Development Director for uses with unspecified requirements, and amending Ordinance 1588 as amended and Chapter 14.40 of the Port Angeles Municipal Code~ Section 1. Ordinance 1588 as amended and Title 14 ofthe Port Angeles Municipal Code are hereby amended by amending Chapter 14.40 PAMC to read as follows: Sections: .t'. ~ i . ':514.40.010 fl .01 14.40.020 < 14.40.025 14.40.030 14.40.040 14.40.050 14.40.060 14.40.070 14.40.080 14.40.090 14.40.100 14.40.110 14.40.120 14.40.130 14.40.140 14.40.150 14.40.160 14.40.170 14.40.180 14.40.185 Chapter 14.40 eFF-STREET ,. MKING Definitions. Parking Space Requirements - Generally. Parking Space Requirements for Uses in the Downtown Parking and Business Improvement Area Parking Space Requirements - Commercial. Parking Space Requirements - Industrial. Parking Space Requirements - Public and Institutional Uses. Parking Space Requirements - Residential Uses. Parking Space Requirements - Unspecified Uses. Parking Space Requirements - Compact Allowance. Mixed Uses. Cooperative Provisions. Parking Space Requirement Modification - New Uses in New Building. Parking Space Requirement Modification - New Uses in Existing Structures. Parking Space Requirement Modification - Expansion of Existing Uses in Existing Structures. Parking Space Modification Requirements - Existing Uses in Existing Structures. Improvement of Parking Spaces. Parking Space Requirements - Variances. Building Permits. Use of Parking Spaces. Parking Lot Activities Standards. JJm~fJ -Jl, 10" ;""p Vo 14.40.190 14.40.200 Revocation of Permit - Appeals. Violation. " 14.40.010 Definitions. A. The following terms shall have the designated meanings for the purposes of this Chapter, unless the context indicates otherwise: 1. "S,tandard-car parking space" means one hundred fifty-three square feet of parking lot area, eight feet six inches by eighteen feet minimum in size, having adequate access to a public street. No part of any street right-of-way shall be considered part of any standard-car parking space. 2. "Loading space" means a space located adjacent to a building, and large enough in area so that any truck or other vehicle loading or unloading at such building will not project into a street right-of-way. 3. "Floor area" means the leasable or habitable floor area or space in a dwelling or building, excluding bathrooms, toilet compartments, halls, closets, or corridors 44 inches in width or less, and equipment and machinery rooms not used directly in the manufacture, production, storage or sale of goods or services maintenance and cleaning supply rooms of 50 square feet or less. 4. "Parking lot activity" means a non-permanent activity occurring in a parking lot, using spaces otherwise allocated for parking for purposes other than parking by clientele ofthe primary use ofthe property. B. All other terms used in this Chapter shall have the meaning given to them by Ordinance 1709, as now enacted, or hereafter amended, unless the context indicates otherwise. (Ord. 2787 ~1, 12/28/93; Ord. 2568 ~1, 3/14/90; Ord. 2228 ~1, 8/31/82; Ord. 1588 ~1, 6/15/66.) 14.40.020 Parking Space Requirements - Generally. For all land uses there shall be established and maintained permanent off-street parking spaces, either on the zoning lot ofthe use, or, if the affected property owners and the Planning Director agree through the execution of an appropriate agreement and easement in a form acceptable to theCity Attorney and if appropriate identification signage is provided, within one hundred feet of the property boundaries (excluding public streets and alleys) of the zoning lot. The required number of parking spaces shall be determined as follows: A. The number of required spaces shall be determined by reference to Sections 14.40.030 through 14.40.080. B. If applicable, Sections 14.40.110 through 14.40.140 shall then be used to determine whether the number of spaces required by subsection A of this Section is modified. (Ord. 2787 ~2, 12/28/93; Ord. 2703 91,8/14/92; Ord. 2228 ~2, 8/31/82; Ord. 1588 92,6/15/66.) 14.40.025 Parking Space Requirements for Uses in the Downtown Parking and Business Improvement Area. For all land uses located in the Downtown Parking and Business Improvement Area (PBIA), there shall be established and maintained permanent off-street parking spaces, either on the zoning lot of the use or within one-hundred feet of the property boundaries (excluding public streets and alleys) of the zoning lot. (Ord. 2787 93,12/28/93; Ord. 2765 91, 6/25/93) - 2 - 108 <'..' .,.....,-...,..... ...,',.~. ". -,,<'..,.... "'.,:"', .. 14.40.030 Parking Space Requirements - Commercial. A. Automobile service stations and repair shops shall provide a minimum of three parking~ splus one parking space per each mechanical service bay. ,_B. Baked goods shops. pizza-to-go shops. and other prepared food outlets with no consumptlo df food and beverages on the premises shall provide one parking space for each three hundred square feet of floor area of the building. CB. Banks, business and professional and governmental offices shall. provide one parking space for each four hundred square feet of floor area of the building. De. Barber and beauty shops, tanning salons, and similar personal care establishments shall provide two parking spaces per station. EB. Bowling alleys shall provide six parking spaces for each alley. fE. Child care services or day care centers, as defined in Chapter 388-73 WAC, as now enacted or hereafter amended, shall provide two parking spaces plus one unloading space for those services or centers serving twelve or fewer children, and one parking space per employee plus two parking spaces for unloading, for those services or day care centers serving more than twelve children. OF. Churches, mortuaries and funeral homes, shall provide one parking space for each six seats in the chapel. (Additional uses such as schools and residences may require separate parking spaces). H. Convenience stores. delicatessens. and food stores (less than 3.000 square feet in building area) shall provide one parking space for each three hundred square feet of floor area of the building. 16. Dancehalls and video arcades shall provide one parking space for each fifty square feet of floor area of the building. JR. Food Grocery stores, supennarkets.1 and shopping centers shall provide one parking space for each three hundred square feet of floor area of the building, with a minimum of ten parking spaces. Kf. Furniture and appliance stores shall provide one parking space per six hundred square feet of floor area of the building. Lt. Hotels and motels shall provide one parking space for each sleeping unit. M*:; Medical, optometrical, chiropractic. and dental clinics and/or offices shall provide six parking spaces for each doctoI':'. optometrist. or chiropractor. L. OthCl let<\11 establislunellts, su"h as hald~a1" stOles, household equipment, ser v ice shops, clothing or shoe 1 epair shvps, shall pr 0 v ide. one parking spa"'" for eadl tlli e." hund! ed squar c feet of floor ar e.a of the. building, with a minimum of six space.s. M. rhyskal thcrapy and othe.I similar peIsonalser ~iee uses shall provide two parking space6 for each operatOI. N. Research, biochemical, X-ray and dental laboratories shall provide one parking space for each two hundred square feet of floor area. O. Restaurants, taverns, and any other establishment for the sale and consumption on the premises of food, alcoholic beverages or refreshments, shall provide one parking space for each one hundred twenty-five square feet of floor area of the building, with a minimum of ten spaces. P. 6therRetail establishments. such as hardware stores. household equipment rental outlets. service shops. clothing and shoe repair shops stores. general merchandise stores1 - 3 - 109 # and department stores. shall.provide oneparking'space for each three hundred square feet of floor area of the building. with a minimum of six spaces. QP. Skating rinks and other commercialrecreation places facilities shall provide one parking space for each two hundred square feet of floor area of the building:or covered area. Outdoor commercial recreation facilities shall provide parking spaces as determined by Planning Commission review. R. Specialty shops. such as antique. art supplies. bicycle. book. candy and ice cream. coffee and espresso. computer. flowers. gift. hobby. toy. jewelry. kayak. pet. and video rental. shall provide one parking space for each three hundn:~d square feet of floor area of the building. s.~. Telephone exchanges and telemarketing offices shall provide one parking space for each employee, with a minimum of six spaces. TR:. Theaters shall provide one parking space for each three theater seats. S. Tltlcking and tIansportation terminals shall plovide a minimum often parking spaces. T. 'Wholesale, stOles, wal"hoU5GS, st01agc buildings add motol vehicles 01 machinery sales stOICS shall plovide one parking space roI ea"h two employ""s, with a minillmm often spaces. (Old. J007 ~2, 115/99, Old. 2787 ~4, 12/28/9J, Old. 2228 ~J, 8/J 1/82, Oid. 1588 ~J, G/15/G6.) 14.40.040 Parking Space Requirements - Industrial. A. Dance halls. adult entertainment business establishments. and video arcades > ;hall provide one parking space for each fifty square feetoffloor area of the building. \,~~) B. Manufacturing uses, including creameries, soft chink bottling establishments, bakeries, canneries, printing and engraving shops. pre-fabricated parts assembly plants. and other light industrial plants shall provide one parking space for each three employees, with a minimum often spaces. (Ord. 2228 ~4, 8/31/82; Ord. 1588 ~4, 6/15/66.) C. Manufacturing uses. including sawmills. paper mills. pulp mills. wood products mills. raw material processing plants. and other heavy industrial plants shall provide one parking space for each three employees. with a minimum of ten parking spaces. D. Trucking. transportation. and distribution terminals, shall provide one parking space for each two employees. with a minimum of ten parking spaces. E. Wholesale stores. warehouses. storage buildings and motor vehicles or machinery sales stores shall provide one parking space for each two employees. with a minimum of ten parking spaces. (Ord. 2228 ~4, 8/31/82; Ord. 1588 ~4, 6/15/66.) 14.40.050 Parking: Space Requirements - Public and Institutional Uses. A. Auditoriums. stadiums. sports arenas. and other places of assembly with fixed seating shall provide one parking space for each three seats. Hi\:. Clubs,flatcmal socictiGs, places of assembly and exhibition halls without fixed seats shall provide one parking space for each fifty square feet of floor area of the building. C. Fire and police stations shall provide parking spaces as determined by Planning Commission review. DB. Hospitals shall provide one parking space for each bed. -4- 110 ~ EE. Libraries shall.provide one parking space for each two hundred square feet of floor area, with a minimum of ten spaces. fB. Museums shall provide one parking space for each three hundred square feet of floor area. ----- ., GE. Outdoor sports area or parks fields without fixed seats shall provide parking spaces as determined by Planning Commission review. HF. Parks and playgrounds shall provide parking spaces as determined by Planning Commission review. 16. Preschools and kindergartens day care centers shall provide a mininmm often one parking spaces for each adult teacher. care giver. and assistant and two loading/unloading parking spaces. JR. Public and private golf clubs shall provide a minimum of forty parking spaces. Kf. Public swimming pools shall provide ten parking spaces for each one thousand square feet of pool surface area. L:J. Riding academies shall provide one parking space for each one hundred square feet of floor stable area. K. TIkmenta.lY 5"hools shall provide one parking spa"" for ea"h da5sroom. L. Junior high s"hools shall provide. three parking spaces for each da5S100m. M. Senior high 5"hools shall provide six parking spa"cs for each da5sroom. N. Junior "olleges shall provide eight parking spaCGS fOl Ga"h dassloom. O. Stadiums, spOltS areas, cmditoIithllS and other places of assGlllbly shall p10vide one parking spa"e for each tiueG scats. M. Schools shall provide the following numbers of parking spaces: .L. Elementary schools shall provide one parking space for each classroom. 2. Middle schools shall provide three parking spaces for each classroom. ~ High schools shall provide six parking spaces for each classroom. 4. Colleges shall provide eight parking spaces for each classroom. . NP. Senior Centers shall provide one parking space for every 135 square feet offloor area of the building. (Ord. 2683 ST, 3/27/92; Ord. 2228 S5, 8/31/82; Ord. 2184 Sl, 1/1/82; Ord. 2121 Sl, 2/1/81; Ord. 2028 Sl, 6/17/79; Ord. 1588 S5, 6/15/66.) 14.40.060 Parking Space Requirements - Residential Uses. A. Dormitories and apartment dormitories shall provide two parking spaces for each sleeping unit. B. Home occupations shall provide parking spaces as determined by the Community Development Director. CR. Rooming and lodging houses shall provide one parking space for each sleeping unit. DE. Nursing and convalescent homes, assisted living facilities, residential care facilities, adult family homes, group homes, and sanitariums shall provide one tt7 parking space for each three ffl beds. EB. Single-family, two and three family dwellings, and apartment buildings shall provide twoiZTParking spaces per dwelling unit. EE. Trailer parks shall provide two (2) parking spaces for each trailer space. (Ord. - 5 - 111 . ~ 2948 SI, 2/14/97; Ord. 2228 S6, 8/31/82; Ord. 2081 SI, 6/1/80; Ord. 2028 ~2, 6/17/79; Ord. 1588 S6,6/15/66.) 14.40.070 Parking Space Requirements - Unspecified Uses. Ifa use is not otherwise specifically mentioned in Sections 14.40.030 through 14.40.060 of this Chapter, the requirements for off-street parking facilities shall be the same as the requirements for off-street parking of the use which, as determined by the Planning Director, has the most similar parking need and land use characteristics. (Ord. 2228 S7, 8/31/82; Ord. 1588 S7, 6/15/66.) 14.40.090 Mixed Uses. In the case of a mixture of uses on one zoning lot or in one building, the total requirements for off-street parking facilities shall be the sum ofthe requirements for the various uses computed separately. Off-street parking facilities for one use shall not be considered as providing required parking facilities of any other use, except as may be provided in Section 14.40.100 of this Chapter. (Ord. 2228 S9, 8/31/82; Ord. 1588 ~9, 6/15/66.) 14.40.100 Cooperative Provisions. Parking facilities may be cooperatively used by different land uses, when the times of the use of such parking spaces by each use are nonsimultaneous. (Ord.2228 SlO, 8/31/82; Ord.2121 ~2, 2/1/81; Ord. 1588 S10, 6/15/66.) 14.40.110 Parking Space Requirement Modification - New Uses in New Building. For any new use in a new building, the required number of parking spaces shall be determined by the requirements of Sections 14.40.030 through 14.40.080. (Ord. 2228 S 11, 8/31/82; Ord. 2028 S3,6/17/80; Ord. 1588 SI1, 6/15/66.) 14.40.120 Parking Space Requirement Modification - New Uses in Existing Structures. A. A change or expansion of use in an existing building that is not located in the Downtown Parking and Business Improvement Area (PBIA) where the use meets the parking requirements of this Chapter must provide parking for the new use as required by this Chapter. If a change or expansion of use is proposed for an existing building where the use does not meet the requirements of this Chapter, the new. or expanded use may occur only if the degree of non- conformance is not increased. For the purposes of this Section, the degree of non-conformance is defined as the number of parking spaces required minus the number of parking spaces provided. B. A change of use in a building that exists as of June 25, 1993, and is located in the Downtown PBIA may occur without provision of additional off-street parking spaces unless the floor area of the building is increased. (Ord. 2765, S2, 6/25/93; Ord. 2740 Sl, 1/29/93; Ord. 2667 SI, 1/17/92; Ord. 2228 S12, 8/31/82; Ord. 2097 SI, 8/19/80; Ord. 2028 S4, 6/17/79; Ord. 1588 SI2,6/15/66.) 14.40.130 Parking Space Requirement Modification - Expansion of Existing Uses in Existing Structures. For an expansion in the use of an existing building or structure which enlarges the floor area, additional parking spaces need not be established, if the following requirements are met: A. The use and structure or building, prior to its enlargement or increase in floor area, is in conformance with the parking space requirements of this Chapter; B. No previous modifications of parking space requirements authorized by this -6- 112 , Section have been utilized; C. The number of parking spaces required by the floor area of the addition, together with those required by the floor area of the existing building, will not exceed one hundred and fifteen percent of the spaces required for the expansion of the use or building. If the number of spaces required exceeds one hundred and fifteen percent, the required spaces in excess of one hundred and fifteen percent shall be established and maintained. (Ord. 2228 ~ 13,8/31/82; Ord. 2028 ~5, 6/17/79; Ord. 1588 ~13, 6/15/66.) 14.40.140 Parking Space Modification Requirements - Existing Uses in Existing Structures. Existing uses occupying existing structures or buildings as of the effective date of the ordinance codified in this Chapter may continue until there is a change in use. (Ord. 2228 S 14, 8/31/82; Drd. 2028 ~6, 6/17/79; Ord. 1588 ~14, 6/15/66.) 14.40.150 Improvement of Parking Spaces. A. Any parking spaces provided to comply with the terms of this Chapter, other than for single-family detached residences, shall be improved in accordance with the following requirements: 1. They shall meet the requirements of the clearing, grading, filling and drainage regulations set forth in Chapter 15.28 PAMC. 2. They shall be graded and paved with a hard-surface pavement of portland cement concrete, asphaltic concrete with a structurally adequate base, or other hard-surface pavement acceptable to the Director of Public Works. All parking spaces shall be clearly and permanently striped in conformance with Public Works parking lot design standards. Wheel stops shall be installed where necessary to prevent encroachment upon public rights-of-way. 3. They shall be accessible, at all times, from street, alley or driveway intended to serve such off-street parking. 4. Improvements of parking spaces shall meet the Americans with Disabilities Act standards. B. The City may grant permission for temporary occupancy of abuilding or structure even though the parking spaces required by subsection A of this Section have not been fully completed, provided that an improvement bond acceptable as to form and amount by the City Engineer and the City Attorney is posted in the amount of the estimated value of the construction ofthe parking facilities. Before granting such temporary occupancy, the Director of Public Works must determine that construction ofthe parking facilities prior to occupancy ofthe building would not represent sound construction practice, due to weather conditions, availability of materials and! or difficult site conditions, and the acceptance of such bond is therefore appropriate. Improvement bonds may be accepted for a period not to exceed twelve months. During the period before final completion ofthe improvements, the parking facilities provided shall at least be graded and graveled and be maintained in a good condition. C. Uses requiring six or fewer spaces may occupy a building or zoning lot for up to twelve months before compliance with subsection A2 of this Section, provided the parking facilities shall at least be graded and graveled and be maintained in a good condition. At the end of the twelve-month period, the parking facilities must be in compliance with subsection A2 of this Section, or a bond must have been provided and accepted in accordance with subsection B of this Section. (Ord. 2787 ~6, 12/28/93; Ord. 2740 ~2, 1/29/93; Ord. 2228 ~15, 8/31/82.) - 7 - 113 . 14.40.160 Parking Space Requirements - Variances. A. A variance from the parking space requirements of this Chapter, either as specifically provided by Sections 14.40.030 through 14.40.060 and 14.40.080, or as determined by the Planning Director for an unspecified use under Section 14.40.070, may be granted on written request to, and after a public hearing by, the Port Angeles Planning Commission. The Planning Commission may impose such conditions upon the variance as it deems necessary to comply with the purpose of this Chapter. No variance shall be granted by the Planning Commission unless the Commission finds. 1. 2. The variance is not detrimental to surrounding properties; The parking provided is sufficient to meet the parking needed by the uses(s); 3. The variance will not create increased congestion or traffic hazards along adjacent streets and alleys; and 4. The variance is consistent with the intent of the Off-Street Parking Ordinance, the zoning district in which the site is located, and the Comprehensive Plan. B. . Such public hearing shall be conducted in accordance with the procedures for a public hearing on the Zoning Ordinance ofthe City of Port Angeles. C. The determination of the Planning Commission may be appealed to the City Council. (Ord. 2787 S7, 12/28/93; Ord. 2740 S3, 1/29/93; Ord. 2228 S 16,8/31/82.) 14.40.170 Building Permits. Before the granting of a building or occupancy permit for any new building or structure, or for any enlargement or change of use in any existing building or structure, where the proposed use is subject to the requirements of this Chapter, the applicant for, such building permit shall comply with the requirements ofthis Chapter. Compliance shall consist\';;;",~) of either of the following: A. Proof of the existence of, or the acceptance by the City of a bond for the off- street parking spaces required by this Chapter, including a site plan showing such off-street parking, which has been submitted to and approved by the Planning Director and City Engineer, such site plan to be prepared at a reasonable scale, showing property lines, dimensions of the property, size and arrangement of all parking spaces, the means of ingress and egress to such parking spaces and interior circulation within the parking area, the extend of any change required in existing site conditions to provide required parking, and such other information as may be necessary to permit review and approval of the proposed parking; or B. Proofthat the applicant is a participant in a parking association or Parking and Business Improvement Area (PBIA), which provides the total number of off-street parking spaces which would otherwise be required from each ofthe individual participating uses. Applicants meeting all or a portion oftheirrequired needs through the provisions of subsection B of this Section must pay to the off-Street Parking Improvement Fund an initial assessment amount of $600 for each required parking space provided through membership in the Parking Association or PBIA. (Ord. 2787 S8, 12/28/93; Ord. 2363 ~1, 12/4/85; Ord. 2228 ~17, 8/31/82.) 14.40.180 Use of Parking Spaces. Subsequent to the issuance of a building permit, the number and location of parking spaces used to satisfy the requirements of this Chapter shall not be changed, nor shall the use of the building or structure for which the permit is issued be changed, - 8 - 114 .. without the issuance of a revised building permit,.including compliance with the requirements of this Chapter. Parking spaces used by a land use to satisfy the requirements ofthe Chapter shall only be used for the parking of vehicles of customers and other users of the building and land use authorized by the building permit, and any permanent change in the use from that purpose snaIl require a revised building permit (Ord. 2228 ~ 18, 8/31/82.) 14.40.185 Parking Lot Activity Standards. All parking lot activities shall comply with the following standards: A. No such activity shall occur in parking spaces directly in front of entrances or windows of a building. B. Such activities shall not occupy more than 10% ofthe total number of spaces in the parking lot . C. Such activities shall not block entrances and exits to the parking lot or fire exit doors of any buildings. D. Such activities shall not occur in parking lots containing fewer than 20 spaces. E. All such activities shall comply with all other applicable City Ordinances and State Statutes. F. Each activity shall only be for a period not to exceed thirty (30) days for private businesses and sixty (60) days for private non-profit and charitable organizations within a one calendar year period. G. The location and activity shall not endanger the public health, morals, safety and welfare. (Ord. 2568 ~2, 3/14/90.) 14.40.190 Revocation of Permit - Appeals. A. A building permit issued pursuant to the terms of this Chapter shall be revocable by the City Manager, or his designee, for violation of any of the provisions of this Chapter. Notice of the revocation of such permit shall be given in writing, by ordinary mail, directed to the address of the permit holder as shown on the permit application. B.. Upon revocation, the permit holder shall have a right of appeal to the City Council. The holder shall, within ten days ofthe notice ofrevocation,'give notice to the City Clerk, in writing, the permit holder's intention to appeal the revocation to the City Council. The Clerk shall place the permit holder's appeal on the agenda ofthe next regularly scheduled City Council meeting, and forthwith inform the permit holder, in writing, the date, time and location of the meeting. C. The City Council shall hold a public meeting, at which the permit holder may present testimony as to his compliance with the terms of this Chapter. D. The City Council shall make written findings of fact, as to the basis of any decision which it makes. The City Council may sustain the revocation of the permit, reinstate the permit with conditions, reinstate the permit after a time certain, or immediately reinstate the permit (Ord. 2228 ~19, 8/31/82.) 14.40.200 Violation. Any person, firm, or corporation, in charge of premises which violate any of the provisions of this Chapter, shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any ofthe provisions of this Chapter is committed, continued, or permitted. Each such offense shall be punishable by a maximum civil fine of$500. (Ord. 2568 ~3, 3/14/90; Ord. 2228 ~20, 8/31/82.) - 9 - 115 .. Section 2 - Severability. If any provisions of this Ordinance, or its application to any person or circumstances, is held invalid, the remainder of the Ordinance, or application of the provision of the Ordinance to other persons or circumstances, is not affected. Section 3 - Effective Date. This Ordinance shall take effect five days following the date of its publication by summary. PASSED by the City Council of the City of Port Angeles at a regular meeting of said Council held on the 3rd day of September, 2002. MAYOR ATTEST: Becky J. Upton, City Clerk APPROVED AS TO FORM: Craig D. Knutson, City Attorney PUBLISHED: . 2002 By Summary F:\ORDINANCES&RESOLUTIONS\2002-14.ord.wpd August 13, 20020. - 10- 116 <,<,:.",,';< "."C': 'r(.i~ ~"",'.,::t-,'t?':' ~'~.' :/,. ' " ATTACHMENT D ORDINANCE NO. AN ORDINANCE of the City of Port Angeles, Washington, revising the City's subdivision ordinances, by providing consistent language for street standards, department names, and City officials' titles and by defining the desired urban design of the City, and amending Ordinances 1631, 2222, 2669, and 3002, as amended, and Title 16 of the Port Angeles Municipal Code. THE CITY COUNCIL OF THE CITY OF PORT ANGELES DOES HEREBY ORDAIN as follows: Section 1. Ordinance 2222 as amended and Title 16 of the Port Angeles Municipal Code are hereby amended by amending Chapter 16.04 PAMC to read as follows: .. Chapters: Sections: Title 16 SUBDIVISIONS 16.04 Short Plat Subdivisions 16.08 Subdivision Regulations 16.10 Binding Site Improvement Plan 16.12 Boundary Line Adjustments 16.04.010 16.04.020 16.04.030 16.04.040 16.04.045 16.04.050 16.04.060 16.04.070 16.04.080 16.04.090 16.04.100 Chapter 16.04 SHORT SUBDIVISION REGULATIONS Purpose and Intent. Authority. Definitions. Applicability. Parcels Traversed by Public Ways Application Forms. Preliminary Short Plat - Contents. Preliminary Short Plat - Design Standards. Preliminary Short Plat - Routing and StaffRecomrnendations. Preliminary Short Plat - Requirements for Approval. Preliminary Short Plat - Approval - Conditions. 117 -1- 16.04.110 16.04.120 16.04.130 16.04.140 16.04.150 16.04.160 16.04.170 16.04.180 16.04.190 16.04.200 16.04.205 16.04.210 16.04.220 , Preliminary Short Plat - Approval - Effect. Appeals. Final Short Plat - Filing Time Limit. Final Short Plat - Improvements - Required. Final Short Plat - Improvements - Bond in Lieu When. Final Short Plat - Contents. Final Short Plat - Routing for Review. Final Short Plat - Final Approval Procedure. Final Short Plat - Filing and Recordation. Resubdivision by Short Plat Prohibited - Time Limit. Agreement to transfer land conditioned on final Authorized. Injunctive Action to Enforce Chapter. Violation - Penalty. 'It plat approval- 16.04.010 Pu:r:pose and Intent. The purpose of this Chapter is to provide uniform regulations for the subdivision and resubdivision of land into four orJess parcels, so as to promote the public health, safety and general welfare. It is further the purpose ofthis Chapter to implement the requirements of the Growth Management Act of 1990 through the goats, policies, and objectives of the Comprehensive Plan of the City, to comply with the requirements of the Zoning Code and Urban Services Ordinance of the City, to ensure orderly growth consistent with the desired urban design ofthe City, to promote effective and energy-efficient use ofland, to prevent over-crowding of land, to provide for adequate light and air, to promote safe and convenient travel and lessen ) congestion on streets and highways, to provide for proper ingress and egress,. to ensure adequat~\<',;,j' provision for open spaces, drainage ways, transit stops, potable water supplies, sanitary wastes, parks and recreation areas, playgrounds, schools and school grounds, sidewalks and safe walking conditions on school routes, and other public requirements, to require uniform monumenting ofland subdivisions and conveyancing by accurate legal description, and to prevent the creation of public nuisances. (Ord. 2880 S 1 (part), 8/25/95; Ord. 2222 g 1, 8/11/82,) 16.04.020 Authority. This Chapter is adopted pursuant to the authority granted to the City by the Revised Code of Washington pursuant to RCW 58.17.060. (Ord. 2222 g2, 8/11/82.) 16.04.030 Definitions. A. "Block" means a group of lots, tracts or parcels within well-defined and fixed boundaries. B. "City" means the City of Port Angeles. C. "Community Development Department or Department" means the Community Development Department of the City. DB:- "Comprehensive Plan" means a Comprehensive Plan adopted by the Council in compliance with the Growth Management Act of 1990 and which indicates the general locations recommended for residential, commercial, and industrial land uses or zones and for streets, parks, public buildings, and other public improvements. The Comprehensive Plan includes all its Appendices and individual comprehensive service and facility plans such as the Capital Facilities Plan, the Comprehensive Water Plan and the Comprehensive Parks Plan. EB. "Dedication" means the deliberate appropriation oflapd by an owner for public 118 -2- ~ uses, reserving to the owner no other rights than such as are compatible with the full exercise and enjoyment of the public usesto which the property has been devoted. The intention to dedicate shall be evidenced by the owner by the presentment for filing of a final short plat showing the dedication thereon, and acceptance ofthe dedication by the City shall be evidenced by the approval of such final short plat. F. "Desired urban design ofthe City" means the land use pattern and street sys1em as described by the Comprehensive Plan land use map and policies. the zoning map and regulations. the subdivision regulations. and the Urban Services Standards and Guidelines. GE. "Final short plat" means the final drawing ofthe short subdivision, containing all the elements and requirements set forth in this Chapter. HF. "Lot" means a fractional part of divided land with fixed boundaries. The term shall include tracts or parcels. lB. "Planning Commission" means the Planning Commission of the City" as designated in Chapter 2.36 of this Code. II. "PIMming Department" means the Planning Department of the City. ,II. "Preliminary short plat" means an approximate drawing of a short subdivision showing the general layout of streets and alleys, lots, blocks and other elements of the short subdivision. IG. "Short subdivision" means the division or redivision ofland into four or less lots, tracts, parcels, sites or divisions(or the purpose of sale, lease or transfer of ownership. (Ord. 2880 S1 (part) 8/25/95; Ord. 2222 S3, 8/11/82.) 16.04.040 Applicability. A final short plat, approved in accordance with the provisions of this Chapter and filed with the County Auditor, is required for all short subdivisions within the City, and no lot, tract, or parcel within any short subdivision shall be sold, leased, transferred, redivided, altered, or vacated, without compliance with the terms ofthis Chapter. (Ord. 2880 S1 (part) 8/25/95; Ord. 2222 S4, 8/11/82.) 16.04.045 Parcels Traversed by Public Ways. Public streets, roads, highways, alleys, and other public ways, which traverse a parcel of land under one ownership, will be considered to have divided that land into non-contiguous pieces without further need for complying with short subdivision requirements. (Ord. 2793, S1, 2/11/94) 16.04.050 Application Forms. A. An application for approval of a preliminary short plat shall be submitted to the Planning Community Development Department on a form furnished by that Department and shall be accompanied by the preliminary short plat. B. The application form shall contain, at minimum: 1. The name, address and telephone number of the applicant and the property owner; 2. A legal description of the property to be subdivided; 3. A statement of the underlying zoning; 4. The proposed methods of serving the individual lots in the short subdivision with water, sewer, streets and other public utilities; 5. The purpose of the short subdivision; and 6. Ifrequested by the Pla:nning Department, the name, address and telephone 119 -3- , number of the owner(s) of all adjacent unplatted parcels. C. The application form shall be accompanied by six copies ofthe preliminary shor plat, the application fee and, if applicable, aSEP A checklist. D. The short subdivision application fee shall be as established by ordinance and set forth in Chapter 3.70 P AMC. No such fee shall be refundable after acceptance of an application by the Planning Department. (Ord. 2789 ~ 11, 1/1/94; Drd. 2222 ~5, 8/11/82.) 16.04.060 Preliminary Short Plat - Contents. The preliminary short plat shall be a neat drawing, in ink, to a scale of not less than one inch to one hundred feet, on eight and one-half by eleven inch or larger paper, and shall provide the following information: A. The date, scale, and North arrow; B. The boundaries of the entire parcel being subdivided, including all contiguous unplatted property owned by the subdivider; C. A legal description of the property being subdivided; D. Identification, dimensions, and area of all proposed lots; E. The name and location of existing and proposed public rights-of-way; F. The location of existing and proposed easements; G. The required building setbacks on each proposed lot; H. The location of existing buildings and major structures and their distances from property lines; I. The location of existing natural features, such as streams, rivers, wetlands, shorelines, drainage ways, ravines and steep slopes; J. The location and size of existing utilities, including water, sewer, storm drains\C'2'~) and fire hydrants. (Ord. 2880 ~1 (part) 8/25/95; Ord. 2222 ~6, 8/11/82.) 'c;.;.;,,,,, 16.04.070 Preliminary Short Plat - Design Standards. All preliminary short plats shall conform to the following design standards: A. Right-of-Way Access. 1. Each lot shall abut on a dedicated, improved and maintained City street. Such street shall connect directly to an existing improved street that meets current street improvement standards as set forth in the Comprehensive Plan, the Urban Services Ordinance, and the Urban Services Standards and Guidelines promulgated consistent with and pursuant to P AMC 18.08.040 and 18.08.130. 2. If the abutting any right~-of-way abutting the property being subdivided does not meet minimum width standards, additional right-of-way shall be required in accordance with the standards as set forth in the Comprehensive Plan. the Urban Services Ordinance. and the Urban Services Standards and Guidelines promulgated consistent with and pursuant to P AMC 18.08.040 and 18.08.130 requirements ofthe Public \Vork3 Department. 3. An exception from the right-of-way access requirements in this section shall be allowed for a single lot within a proposed short plat, provided that the following conditions are met: a. the single lot contains an existing habitable dwelling that already abuts and is accessible by emergency vehicles over an existing 20-foot-wide all-weather street that 1 20 - 4 - ~ does not meet City standards and already eemtfJ:i~~}l. habitable dwelling, and b. all other lots in the short subdivision shall meet the right-of-way access standards of this section. 4. Sidewalks and other planning features that assure safe walking conditions for students who only walk to and from school shall be provided pursuant to RCW 58.17.060 and RCW 58.17.110. B. Lot Design. 1. The minimum area shall be equal to or greater than that required by the Zoning Code as now enacted or hereafter amended. - 2. The minimum depth shall be the total distance between the required front and rear yard setbacks plus fifteen feet. 3. The minimum width, measured at the mid-point between the front and rear yard setback lines, shall be as required by the Zoning Code as now enacted or hereafter amended. 4. The front lot line shall be the boundary of a lot which abuts a street. On a panhandle, flag, or dogleg lot, the front lot line and setbacks shall be determined during the short subdivisionprocess, or, ifnot determined during short subdivision review, shall be determined by the Plann.ing Community Development Director. 5. a. Panhandle, flag, or dogleg lots may be permitted if the original parcel has insufficient width to reasonably provide each lot with a dedicated right-of-way occurring within the interior ofthe plat and ifthere is no reasonable likelihood that standard rights-of-way could be provided in cooperation with abutting properties. b. Each such panhandle, flag, or dogleg lot shall meet the following criteria: 1. and shall serve no more than one lot. 11. The panhandle shall have a minimum width of twenty feet panhandle. The required lot area shall not include any portion of the 111. Dead-end access streets and/or driveways in excess of 150 feet in length shall be provided with a turn-around which has a minimum 90-footdiameter asphaltic concrete street or an alternative approved by the City consistent with the Urban Services Ordinance and the Uniform Fire Code, except that an all-weather gravel surface section may be approved for turn-arounds which are anticipated to be temporary due to the future extension of the roadway. C. Natural Features. The lots and lot arrangement shall be such that no foreseeable difficulties will be created, due to topography and other natural conditions, for the securing of building permits to build on all lots in compliance with the Zoning Code and the Environmentally Sensitive Areas Protection Ordinances, as now enacted or hereafter amended, and all other applicable regulations. D. Large Lots. Where property is subdivided into lots which are of sufficient size to be resubdivided, the lots and streets shall be arranged so as to permit later resubdivision in conformance with the Zoning Code, as now enacted or hereafter amended, the Subdivision Regulations Ordinance, as now enacted or hereafter amended, and this Chapter. (Ord. 3042 S 1 (part) 1/28/00; Ord. 2948 ~2 (part) 2/14/97; Ord. 2880 ~1 (part) 8/25/95; Ord. 2865, 5/12/95; Ord. 2631 ~1, 3/29/91; Ord. 2222 S7, 8/11/82.) 16.04.080 Preliminary Short Plat - Routing and Staff Recommendations. A. Upon receipt of an application and preliminary short plat satisfying the requirements of Sections 16.04.050, 16.040.060 and 16.04.070 of this Chapter, the Planning Community Development Department shall distribute the preliminary short plat to the following Bgepartments: 1. City Public Works & Utilities Department; 121 -5- City Light Department; City Fire Department; Clallam County Health Department if a septic tank and drain field is to be allowed; 15. Any other appropriate department or agency. B. Each Bgepartment or agency shall review the preliminary short plat and return written recommendations for approval or disapproval ofthe preliminary short plat, and, if appropriate, proposed conditions for approval, to the Planning Community Development Department within twenty calendar days. (Ord. 2880 91 (part) 8/25/95; Ord. 2222 98, 8/11/82.) 2. 23-. :2.4. .; 16.04.090 . Preliminary Short Plat - Requirements for Approval. Prior to acting on the preliminary short plat, the Planning Community Development Director shall review the application for preliminary short plat approval, the preliminary short plat, and any information received pursuant to Sections 16.04.050 through 16.04.080, to determine the compliance of the preliminary short plat with the following requirements: A. Necessary drainage ways or storm drain facilities m~st be adequate to serve the short subdivision as set forth in the Comprehensive Plan and Urban Services Ordinance development standards. B. The provision of streets and rights-of-way must be adequate to serve the short subdivision and comply with Sections 16.04.070 and 16.04.140 of this Chapter and as set forth in the Comprehensive Plan and Urban Services Ordinance development standards. C. Water supply and fire protection facilities must be adequate to serve the short . subdivision and comply with Section 16.04.140 of this Chapter and as set forth in the Comprehensivt _I Plan and Urban Services Ordinance development standards. ,~,o,/ D. Sanitary sewer facilities must be adequate to serve the short subdivision and comply with Section 16.04.140 oftms Chapter, and as set forth in the Comprehensive Plan and Urban Services Ordinance development standards, or a septic tank system must have been approved by the Clallam County Department of Health. E. The short subdivision lot arrangement must comply with the policies of the Comprehensive Plan and further the attainment of the goals, policies, and objectives of the Comprehensive Plan. F. The proposed short subdivision must be compatible with existing and planned development of the surrounding area. G. The proposed lots must comply with the requirements of Ordinance 1709, as now enacted or hereafter amended, and Section 16.04.070 ofthis Chapter. (Ord. 288091 (part) 8/25/95; Ord. 222299,8/11/82.) 16.04.100 Preliminary Short Plat - Approval - Conditions. A. Within thirty calendar days of receipt ofthe application, the Planning Community Development Director shall determine if appropriate provisions for the public health, safety and general welfare ofthe community have been made, shall determine if any public nuisance would be created, and shall further determine if the public use and interest will be served by approving the preliminary short plat, based upon compliance with Sections 16.04.010, 16.04.050 and 16.04.090 of this Chapter. 1 22 - 6 - ", ,':'. ".,,""'-"~ :~""'..' .", ,Cu' .-'"., B. Based upon that determinatioIl, the Planning Community Development Director shall approve, approve with conditions, or disapprove the preliminary short plat; or may retum the preliminary short plat to the applicant for modification, if significant revisions of the preliminary short plat are required. C. The decision of the Planning Community Development Director shall be in writing, directed to the applicant and/or property owner, at the address shown in the application, and shall set forth findings of fact supporting the decision. (Ord. 2880 Sl (part) 8/25/95; Ord. 2222 ~10, 8/11/82.) 16.04.110 Preliminary Short Plat - Approval - Effect. Approval, or approval with conditions, of a preliminary short plat shall authorize an applicant and/or property owner to proceed with the preparation of the final short plat. (Ord. 2222 S 11, 8/11/82.) 16.04.120 Appeals. A. Any person aggrieved by the decision of the Planning Community Development Director under Section 16.04.100 may appeal the decision to the City Council. B. Appeals shall be submitted to thc Plar.uring Community Development Department in writing within fourteen days following the date of mailing the decision to the applicant. C. The City Council shall hear the appeal, may uphold, reverse, or modify the decision and shall set forth written findings of fact. (Ord. 2911 S7, 3/29/96; Ord. 2880 S 1 (part) 8/25/95; Ord. 2222 S12, 8/11/82.) ., 16.04.130 FinalShort Plat - Filing Time Limit. A. Within five years of the Planning Community Development Director's approval of a preliminary short plat, the applicant and/or property owner shall submit a final short plat to the PIMl:lTing Community Development Department which is in compliance with the approved preliminary short plat. B. Failure to submit a proposed final short plat within the five years shall terminate the preliminary short plat approval. (Ord. 2880 SI (part) 8/25/95; Ord. 2719 SI, 11/13/92; Ord. 2222 S13,8/11/82.) 16.04.140 Final Short Plat - Improvements -Required. The following minimum improvements shall be made or installed for each lot created by the short subdivision, before final short plat approval: A. Watermains and other appurtenances necessary to provide adequate potable water supply and fire protection as set forth in the Comprehensive Plan, the Urban Services Ordinance and the Urban Services Standards and Guidelines promulgated consistent with and pursuant to P AMC 18.08.040 and 18.08.130; B. Sanitary sewer or approved septic tank and drain field site; C. Power, telephone, and all other necessary utilities. D. Appropriate dedications or easements if required; E. Minimum street improvement cross-section standard as set forth in the Comprehensive Plan, the Urban Services Ordinance, and the Urban Services Standards and Guidelines: 1. Improvements to Frontage and Local Access Streets: frontage and Local 123 - 7 - access streets v,:ithin City right of way furnishing that front or will provide access from the nearest fully improved City street to newly created lots shall be improved to a minimum of 20-foot widr asphaltic concrete street with one 3-foot wide shoulder and one 6-foot wide shoulder for pedestrian traffic. All dead-end City streets in excess of 150 feet in length shall be asphaltic concrete paved and provided with a turn-around consistent with the Urban Services Ordinance, the Urban Services Standards and Guidelines, and the Uniform Fire Code. 2. Improvements to Arterial Streets: Arterial streets that front or will provide access to, and front, the lots or parcels being developed shall be improved to the minimum City arterial street improvement standards. 3. EXCEPTION: The Public Works & Utilities Department shall require the minimum standard to be increased to match the immediately adjoining City street when the immediately adjoining City street is more fully developed than the minimum standard. This exception shall not apply to short plats when the City finds that there will be an economic and physical hardship in relocating public utilities and there will be no increase in the number of lots within a subject short plat. F. Roadway Drainage ditches and/or culverts shall be provided to address existing and anticipated storm water run-off occurring on the site and/or within the principal frontage City right~-of-way and easements as set forth in the Urban Services Ordinance and Clearing and Grading Ordinance development standards. G. The subdivider shall provide a street profile acceptable to the Public Works & Utilities Department for the principal frontage local access street~ if the final street grade has not been previously established or accepted by the City. H. The subdivider shall execute an L.l.D. consent and non-protest agreement or other agreement acceptable to the City for street and utilities improvements on the principal frontage local access street~ whenever required improvements are less than the City's full development standard~, as set forth in the Com rehensive Plan the Urban Services Ordinance and the Urban Service'} Standards and Guidelines promulgated consistent with and pursuant to P AMC 18.08.040 an~;";"'/ 18.08.130 established by the City Engineer. 1. The subdivider shall provide all other public improvements as may be required as and set forth in the Comprehensive Plan.. ftftd the Urban Services Ordinance. and the Urban Services Standards and Guidelines promulgated consistent with and pursuant to PAMC 18.08.040 and 18.08.130 . J. When commercially zoned property is being short platted without any increase in the number of lots, the minimum improvements required by this Section may be made or installed after short plat approval without the necessity of being bonded, provided that thefina! short plat shall be conditioned to provide that such improvements shall be made or installed as part of the building permit process, that vertical construction of the building shall not begin unless or until the Uniform Fire Code's fire hydrant requirement has been met, and that the property or development shall not be occupied until such improvements have been completed, provided further that said construction shall be noted on the final plat. K. Sidewalks and other planning features that assure safe walking conditions for students who only walk to and from school shall be provided pursuant to RCW 58.17.060 and RCW 58.17.110. (Ord. 3042 ~1 (part) 1/28/00; Ord. 2948 ~2 (part) 2/14/97; Ord. 2920, 6/14/96; Ord. 2909 ~1, 3/15/96; Ord. 2880 91 (part) 8/25 .2631 92,3/29/91; Ord. 2222 ~14, 8/11/82.) 16.04.150 Final Sh or other security may be accep 16.04.140, subject to the approv and content. (Ord. 2880 ~ 1 (part ~\ 124 -8\\~ . 16.04.160 Final Short Plat - Contents. A. Upon completion of physical improvements as required by Section 16.04.140, or acceptance of a bond under Section 16.04.150, a final short plat may be submitted' for approval. B. The final short plat shall be an eighteen-inch by twenty-four inch permanent reproducible mylar, and shall be at a scale of not less than one hundred feet to one inch. The final short plat and six paper copies shall be accompanied by a report containing accurate square-footage and dimensions of each lot and block and the coordinates of each monument, a title report, and shall include a warranty that all assessments in favor of the City have been paid. The final short plat and survey shall be based on the Washington Coordinate System, North Zone, as adopted by the City, and shall show the following: 1. A minimum of two permanent plat control monuments to which all dimensions, bearings, azimuths and similar data on the plat are referred; 2. Permanent monuments at all corners. 3. Subdivision boundary lines, right-of-way lines, easements, lot lines with accurate dimensions, bearings or azimuths, radii, central angles, and lengths of all curves; 4. Name and right-of-way width of each street. Any street not dedicated to the public must be so marked on the face of the plat; 5. Locations, dimensions, and purpose of all easements; 6. The required building setbacks on each proposed lot; 7. Required building setbacks and the location of any existing buildings and/or major structures shall be shown on each proposed lot as well as their distances from property lines. 8. Identification of each lot; 9. Purpose for which sites are dedicated to the public; 10. Location and description of all monuments; 11. The legal description of the proposed lots. 12. The title under which the subdivision is to be recorded, true North and grid North arrows, scale, and legend; 13. Legal description ofthe land to be platted; 14. Certification by registered land surveyor as to the accuracy of plat and survey; 15. Certificate by owner(s) dedicating roads, rights-of-way, easements, and any sites for public purposes; 16. Certification of approval by: a. The Planning Community Development Director, b. The Public Works & Utilities Director; and c. The Fire Chief; 17. House addresses shall be provided by the City and must be clearly shown on the short plat at the time of approval pursuant to RCW 58.17.280. 18. Certification by the County Treasurer that all State and County taxes levied against the land to be subdivided have been paid in full; 19. Certification of filing by County Auditor; 20. Ifimprovements are to be bonded rather than actually installed prior to final plat approval, the plan shall show a notation as follows: "No occupancy of dwelling units will be allowed until all roadway and utility improvements have been completed and approved by the City Engineer." (Ord. 2948 ~2 (part) 2/14/97; Ord. 2909 g2, 3/15/95; Ord. 2880 gl (part) 8/25/95; Ord. 2391 ~1, 5/30/86; Ord. 2222g16, 8/11/82.) 125 - 9 - 16.04.170 Final Short Plat - Routing for Review. A. Upon receipt of a final short plat, the Planning Community Developmer Department shall circulate the final short plat to the following departments: 1. City Light Department; l~. Public Works & Utilities Department; 2.3-. Fire Department. B. If the final short plat complies with the requirements of this Chapter and the approved preliminary short plat, the Bgepartment head shall signify approval by signing on the face of the final short plat. C. In the event the final short plat fails to comply with specific standards or conditions of preliminary plat approval, the Bgepartment shall so notify the Planning Community Development Director in writing. (Ord. 2391 92,5/30/86; Ord. 2222 917, 8/11/82.) . 16.04.180. Final Short Plat - Final Approval Procedure. A. Within thirty calendar days of receipt of the proposed final short plat, the Planning Community Development Director shall: 1. Review the final short plat for compliance with preliminary plat conditions; 2. Review the comments and recommendations of all appropriate Departments; and 3. Ascertain from the Public Works & Utilities Department that the required physical improvements, in accordance with Section 16.04.140, have been installed or financial security has. been provided therefor. B. Ifthe Planning Community Development Director is satisfied that all ofthe above have been met, then he shall approve the final short plat by affixing his signature to the face thereof. C. If one or more ofthese requirements for approval is not met, he shall notify the applicant and/or property owner in writing of the reasons for withholding approval of the final short plat. D. Appeal from the Planning Community Development Director's decision shall be made in accordance with Section 16.04.120. (Ord. 2880 91 (part) 8/25/95; Ord. 2222918,8/11/82.) 16.04.190 Final Short Plat - Filing and Recordation. The applicant and/or property owner and/or surveyor shall file the final short plat with the Clallam County Auditor's Office within ten calendar days ofthe date ofthe Planning Community Development Director's approvaL The final short plat shall not be deemed approved by the City until recorded. A copy of the recorded document shall be submitted to the Planning Community Development Departmentwithin ten calendar days of filing. (Ord. 2222 919, 8/11/82.) 16.04.200 Resubdivision by Short Plat Prohibited. Short plats may not be further divided in any manner within a period of five years without the filing of a final plat, except that when the short plat contains fewer than four parcels, nothing shall prevent the owner who filed the short plat from filing an alteration within the five year period to create up to a total of four lots within the original short plat boundaries. (Ord. 2741 91, 1/29/93; Ord. 2222 920, 8/11/82.) 126 - 10 - '. f .. ."::-.c">,..',t.~..,,,; . , 16.04.205 Agreements to transfer land conditioned on final plat approval- Authorized. If performance of an offer or agreement to sell. lease. or otherwise transfer a lot. tract. or parcel of land following preliminary plat approval is expressly conditioned on the recording of the final plat containing the lot. tract. or parcel under this Chapter. the offer or agreement is not subiect to P AMC 16.04.210 or 16.04.220 and does not violate any provision of this Chapter. All payments on account of an offer or agreement conditioned as provided in this Section shall be deposited in an escrow or . other regulated trust account and no disbursement to sellers shall be permitted until the final pI at is recorded. 16.04.210 Injunctive Action to Enforce Chapter. Whenever any parcel of land within the City is divided into four or less lots, tracts or parcels of land, and any person, finn, or corporation or any agent of them sells or transfers, or offers or advertises for sale or transfer, any such lot, tract, or parcel, without having a final short plat of such short subdivision filed for record in accordance with the terms of this Chapter, the City Attorney shall commence an action to restrain and enjoin further sale or transfer of such lots, tracts, or parcels, or offers for sale or transfer for such lots, tracts, or parcels, and to compel complete compliance with all provisions of this Chapter. The cost of such action shall be taxed against the person, firm, corporation, or agent selling or transferring the property. (Ord. 2222921,8/11/82.) 16.04.220 Violation - Penalty. Any person, firm, corporation, or association, or any agent of any person, firm, corporation or association who violates any provision of this Chapter relating to the sale, offer to sell, lease or transfer of any lot, tract, or parcel of land in a short subdivision shall be guilty of a misdemeanor, and each such sale, offer for sale, lease, or transfer of . each separate lot, tract, or parcel ofland in violation of any provision of this Chapter shall be deemed a separate and distinct offense. Each such offense may be penalized by a fine of up to five hundred dollars or ninety days in jail. (Ord. 2222 922, 8/11/82.) Section 2. Ordinance 1631 as amended and Title 16 of the Port Angeles Municipal Code are hereby amended by amending Chapter 16.08 PAMC to read as follows: CHAPTER 16.08 SUBDIVISION REGULATIONS Sections 16.08.010 16.08.020 16.08.030 16.08.040 16.08.045 16.08.050 16.08.060 16.08.070 Purpose and Intent. Authority and Jurisdiction. Definitions. Applicability. Parcels Traversed by Public Ways. Procedure. Standards and Policies. Requirements for Acceptance of Plats. 127 - 11 - 16.08.080 16.08.090 16.08.095 Variances. Validity. Agreements to transfer land conditioned on final plat approval - Authorized. Enforcement and Penalties. Plat Occupancy. " 16.08.100 16.08.110 16.08.010 - Purpose and Intent. A. PURPOSE. Land subdivision is the first step in the process of community development. Once land has been cut up into streets, lots, and blocks and has been publicly recorded, the correction of defects is costly and difficult. It is therefore in the interest of the public, the developer, and future property owners that subdivisions be designed and developed in accordance with sound rules and proper minimum standards. The purpose of this Chapter is to provide uniform regulations for the subdivision and resubdivision ofland into five or more parcels, so as to promote the public health, safety and general welfare. It is further the purpose of this Chapter to implement the requirements of the Growth Management Act of 1990 through the goals, policies, and objectives of the Comprehensive Plan of the City, to comply with the requirements of the Zoning Code and Urban Services Ordinance ofthe City, to ensure orderly growth consistent with the desired urban design of the City, to promote effective and energy-efficient use ofland, to prevent over-crowding ofland, to provide for adequate light and air, to promote safe and convenient travel and lessen congestion on streets and highways, to pr~vide for proper ingress and .egress, .to ensure adequate provision ~or open spaces, drainage way\~ tranSIt stops, potable water supplIes, SanItary wastes, parks and recreatIOn areas, playgrounds, schools - and school grounds, sidewalks and safe walking conditions on school routes, and other public requirements, to require uniform monumenting of land subdivisions and conveyancing by accurate legal description, and to prevent the creation of public nuisances. B. INTENT. It is the intent ofthese regulations to provide the minimum controls required to ensure that all platting and subdivision ofland in the City of Port Angeles shall be in the public interest and shall meet minimum standards of public health and public safety. (Ord. 2880 ~2 (part) 8/25/95; Ord. 1631 ~1, 11/14/67.) 16.08.020 - Authority and Jurisdiction. A. AUTHORITY. The Planning Commission is designated and assigned the administrative and coordinating responsibilities contained herein, pursuant to the Laws of the State of Washington, for the recommendation of approval or disapproval of plats, subdivisions and dedications. B. JURISDICTION. The City Council shall appoint a person who shall have the authority, duties and responsibilities of Subdivision Administrator for the City of Port Angeles. (Ord. 1631 g2, 11/14/67.) 1 28 - 12 - " 16.08.030 - Definitions. A. ACCESS STREET - A street with the main function of providing access to adjacent properties or for local traffic. B. BUFFER STRIP - An area or strip of land located and planted with trees and shrubs to provide a screen between conflicting land uses. (Parks, playgrounds and the site of public buildings are sometimes used as a buffer.) C. COLLECTOR ARTERIAL STREET - A street which provides for movement within the smaller areas which are often definable neighborhoods and may be bound by higher class (minor or principal) arterials. Collector arterials serve very little "through traffic" but serve a high portion of local traffic requiring direct access to abutting land uses. D. COMMISSION - The City of Port Angeles Planning Commission. E. COMMUNITY DEVELOPMENT DEPARTMENT OR DEPARTMENT - The City of Port Angeles Community Development Department. fE. COMPREHENSIVE PLAN - A Comprehensive Plan adopted by the Council in compliance with the Growth Management Act of 1990 and which indicates the general locations recommended for residential, commercial, and industrial land uses or zones and for streets, parks, public buildings, and other public improvements. The Comprehensive Plan includes all its Appendices and individual comprehensive service and facility plans such as the Capital Facilities Plan. the ComprehensiveW ater Plan and the Comprehensive Parks Plan. OF. COUNCIL - Port Angeles City Council. HEr. CROSSW ALK- WAY - A right-of-way dedicated to public use, ten feet or more in width, which cuts across a block to facilitate pedestrian access to adjacent streets and properties. IH. CUL-DE-SAC - (Court orDead End Street) - A short street having one end open to traffic and being permanently terminated by a vehicle turn-around. J . DEDICATION - The deliberate appropriation ofland by an owner for public uses. reserving to the owner no other rights than such as are compatible with the full exercise and , enioyment of the public uses to which the property has been devoted. The intention to dedicate shall be evidenced by the owner by the presentment for filing of a final subdivision plat showing the dedication thereon. Acceptance ofthe dedication by the City shall be evidenced by the approval of such final subdivision plat. K. DESIRED URBAN DESIGN OF THE CITY - The land use pattern and street system as described by the Comprehensive Plan land use map and policies. the zoning map and regulations. the subdivision regulations. and the Urban Services Standards and Guidelines. 11 EASEMENT - A grant by the property owner of the use of a strip of land by the public, a corporation, or persons for specific purposes. M:f:- FINAL PLAT - The final drawing ofthe subdivision and dedication prepared for filing for record with the County Auditor and containing all elements and requirements set forth in this Chapter. NK:. IMPROVEMENTS - Streets, with or without curb or gutter, sidewalks, crosswalk-ways, water mains, sanitary and storm sewers, street trees, power and other appropriate items. Ob. LOT - A portion of a subdivision or other parcel of land intended as a unit for transfer of ownership or for development. 1 29 - 13 - .. :eM. LOT FRONT - Unless otherwise specified on a plat, the narrow width of a lot which abuts a public street shall be considered the front of said lot. QN. MINOR ARTERIAL STREET - A street which provides for movement within the large sub-parts prescribed by principal arterials. Minor arterials may also serve "through traffic" but provide very much more direct service to abutting land uses than principal arterials. Re. OWNER - A person, firm, association, partnership, private corporation, public or quasi-public corporation, or any combination thereof. SF. PLANNED RESIDENTIAL DEVELOPMENT (pRD) - A planned residential development is a site specific development which has been approved by the City Council under the provisions of Chapter 17.19 of the Port Angeles Municipal Code. It may include a subdivision of land in which residential lots are designed in clusters of individual lots with park and open space areas between clusters and in which lots may be below the minimum lot widths and lot areas required by the Zoning Code. I~. PRELIMINARY PLAT - An approximate drawing of a proposed subdivision showing the general layout of streets and alleys, lots, blocks, and other elements of the subdivision consistent with the requirements of this Chapter. DR. PRINCIPAL ARTERIAL STREET - A street which provides for movement across and between large sub-parts of an urban region and serve predominantly "through trips" with minimum direct service to abutting land uses. VB. STREET - A right-of"-way, dedicated to public use, which provides vehicular and pedestrian access to adjacent properties. W':f. SKETCH - A drawing showing proposed lot-layout, building line setbacks and proposed locations and width of streets. width and area of each lot, sanitary and storm drainage. XB. SUBDIVIDER - DEVELOPER - A person who undertakes the subdividing the resubdividing of a lot, tract or parcel of land into two or more lots or other divisions of land for the purpose, immediate or future, of transfer of ownership or development, including all changes in street or lot lines. YV-. SUBDIVISION - The dividing of a lot, tract or parcel of land into five or more lots or other division of land for the purpose, immediate or future, of transfer of ownership or development, including all changes in street or lot lines. (Ord. 2880 92 (part) 8/25/95; Ord. 1631 93, 11/14/67.) 16.08.040 - Applicability. A final subdivision, approved in accordance with the provisions of this Chapter and filed with the County Auditor, is required for all subdivisions within the City, and no lot, tract, or parcel within any subdivision shall be sold, leased transferred, redivided, altered, or vacated without compliance with the terms of this Chapter. (Ord. 2880 92 (part) 8/25/95) 16.08.045 - Parcels Traversed by Public Ways. Public streets, roads, highways, alleys, and other public ways, which traverse a parcel of land under one ownership, will be considered to have divided that land into non-contiguous pieces without further need for complying with subdivision requirements. (Ord. 2880 92 (part) 8/25/95) 130 -14- ~ .. 16.08.050 - Procedure A. PRELIMINARY STEPS. The developer shall submit a sketch of a proposed subdivision of land to the €ity Planning Community Development Department for review prior to submittal ofthe Preliminary Plat. B. PRELIMINARY APPROV AL. The developer or his surveyor shall then transmit six (6) (or more if required) copies of the Preliminary plat, together with a filing fee, to the eity Planning Community Development Department. The amount of the filing fee shall be as established by ordinance and set forth in Chapter 3.70 PAMC. The €ity Planning Community Development Department shall submit written recommendations to the Planning Commission prior to the Commission's public hearing in which the Preliminary plat is on its agenda. The proposed plat shall be prepared by a licensed land surveyor and shall be submitted to the City Planning Community Development Department at least thirty (30) days prior to the public hearing of the €ity Planning Commission. Notice of the public hearing on a proposed plat or subdivision shall be posted by the developer in a conspicuous place on oradjacent to the land proposed to be subdivided. Such. notices shall clearly indicate the time and place of the public hearing and shall be posted not less than ten days prior to the hearing. The Planning Commission shall examine the proposed plat, along with written recommendations of the City Bgepartments" and shall recommend either approveal or disapprove denial and shall make recommendations thereon to the City Council. Within aperiod of ninety (90) days after a preliminary plat has been submitted to thc Cit)" Planning Community Development Department and other affected agencies, the City Council shall either approve or disapprove the proposed Preliminary plat. The ninety (90) days time period may be extended with the consent of the applicant. If an Environmental Impact Statement is required, the ninety (90) day period shall not include the time spent preparing and circulating the EIS. Following final action of the City Council on a preliminary plat, the Planning Community Development Department shall notify the developer regarding changes required and the type and extent of improvements to be made. A copy ofthe Commission's City Council's action and recommendations shall be forwarded to the developer and to any agency submitting recommendations in regard to the preliminary plat. Approval of a preliminary plat shall be considered conditional approval of the preliminary plat, and shall not constitute approval of the Final plat; it shall be considered only as approval of the layout submitted on the preliminary plat as a guide to the preparation of the Final plat. If the preliminary plat is approved by the City Council, the developer, before requesting final approval, shall elect to install or assure installation of the improvements required by Section 16.08.070 PAMC by one of the following methods: 1. Actual installation of the required improvements, to the satisfaction and approval of the City Engineer; 2. Furnishing to the City an assignment of a savings account or another approved security or placing in trust, an amount equal to 150% of the cost ofthe improvements as determined by the City Engineer, which assignment of savings account, other security, or trust shall assure to the City the installation of the improvements, to the satisfaction and approval of the City Engineer. This savings account, or other security, or trust shall be conditioned so that no amount may 131 - 15 - be removed therefrom without prior written approval ofthe City, and shall further provide that, ilthe improvements are not installed within the time limitations set by the City Engineer, or not installe< to the satisfaction of the City Engineer, then the City may withdraw from the savings account, other security, or trust the amount necessary to complete the improvement. The City Engineer shall determine the period of the assignment of the savings account, other security, or the trust. After completion of all required improvements the City Engineer and any government agency involved shall submit a written notice to the Planning Community Development Department stating that the developer has completed the required improvements in accordance with PAC 16.08.070 and with required installation standards. C. FINAL APPROV AL. The Final plat shall conform to the Preliminary plat as approved by the City Council. If desired by the developer, the Final plat may constitute only that portion of the approved Preliminary plat which he proposes to record and develop at the time. The Final plat shall be submitted to the Plmming Community Development Department within five years after City Council approval of the Preliminary plat. Said preliminary approval shall become void unless a Final plat is submitted and approved by the City. The developer shall submit a Mylar tracing and six (6) prints (or more if required) of the Final plat and other required exhibits, including a filing fee, to the City Planning Community Development Department at least fourteen days prior to the meeting in which the Final plat is to be considered by the Planning Commission. The amount of the fee shall be set by Resolution of the City Council and may be amended or changed by Resolution from time to time, or as necessary. The Planning Commission shall review the Final plat to determine if the plat conforms with the Preliminary plat, the provisions ofthe Comprehensive Plan, the Zoning Code and other lan(<J use regulations, the Urban Services Ordinance, the Urban Services Standards and Guidelines, ancf,~;;ji?' these Subdivision Regulations and shall make its recommendation to the City Council. Ifthe Planning Commission recommends approvesal ofthe Final plat, the Chairperson shall sign the Final tracing. Following the recommendation of approval of the Final plat by the Planning Commission, the City Plmming Community Development Department shall obtain the signatures of the County Health Officer (when required by the Commission), City Clerk, City Manager, Fire Chief, Director of Public Works and Utilities, Planning Community Development. Director, and City Attorney on the Final tracing and shall submit the tracing of the Final plat to the City Council for approval and signature by the Mayor. At least ten days prior to the public hearing of the City Council in which the Final plat is to be considered, the developer shall post a notice regarding said hearing in a conspicuous location on the site. Within thirty (30) days the City Council shall act upon the Final plat. The thirty (30) day limit may be extended from the date of the Final plat being filed with the Planning Community Development Department with the consent of the applicant. The developer shall have his the Final plat recorded within thirty (30) days from the date his Final plat is approved by the City Council. After obtaining signatures of City officials and prior to thirty (30) days after recording, the developer shall obtain and give to the City- Engineer Community Development Department a mylar or equivalent duplicate of the Final plat. 132 - 16 - ~ ~ 1 33 - 17 - , The area of a cemetery in one unit shall be not more than eighty (80) acres, which may or can be surrounded by streets and highways. If the area of a cemetery is intersected or cut by dedicated or unplanted streets the areas on opposite sides of said streets shall form and be considered separate units. Sidewalks and other planning features that assure safe walking conditions for students who only walk to and from school shall be provided pursuant to RCW 58.17.060 and 58.17.110. The Planning Commission may require plats to provide areas for parks, playgrounds, open spaces, recreation facilities, schools, school grounds, safe vvalking conditions on school routcs, transit stops, and drainage ways::- Each proposed subdivision and the ultimate use of the land therein shall be in the interests of public health, safety and welfare, and subdivides shall be prepared to present evidence to this effect when requested by the Commission City. Restrictive covenants not contrary to existing regulations regarding the use of land, governing and binding all future owners of lots or tracts, may be shown on any plat. No Final plat ofland within the force and effect of existing Zoning Regulations shall be approved unless it is conforming with such Zoning Regulations. Whenever there is a discrepancy between minimum standards or dimensions noted herein and those contained in Zoning Regulations, Building Codes, or other official Regulations, the highest standard shall apply. B. GENERAL PRINCIPLES. POLICIES. The Commission. shall ensure that appropriate provision is made for: (1) the harmonious development of neighborhoods by requiring coordination of streets within subdivisions with existing or planned streets, or with other elements . of the Comprehensive Plan; (2) adequate open spaces for recreation, schools, light and air; (3tyi'c") distribution of population and traffic which will create conditions favorable to public health, safety~"" and convenience. The Commission shall inquire into the public use, interest or need proposed to be served by the establishment of a subdivision. If the results of such an inquiry indicate that a subdivision will not serve the public use, interest or need, the Commission may recommenddenyial appro-.ral of such subdivision. The Commission shall ensure that a subdivision is consistent with the Comprehensive Plan and Urban Services Ordinance. Land which the Commission has found to be unsuitable for subdivision due to flooding, bad drainage, steep slopes, rock formations or other feature likely to be harmful to the safety, welfare and general health of the future residents, - and the Commission considers inappropriate for subdivision, - shall not be subdivided unless adequate methods which are consistent with the City's Wetlands and Environmentally Sensitive Areas Protection Ordinances are formulated by the developer and approved by the City Enginecr. Community Development Director. C. STREETS AND ROADS. 1. The arrangement, character, extent, width, grade and location of all reads streets shall conform with the Comprehensive Plan, induding the Capital Facilities Plan, the Urban Services Ordinance, and the Urban Services Standards and Guidelines, and shall be considered in their relation to existing and planned roads, to topographic conditions, to public convenience and safety, and in their appropriate relation to the proposed uses of the land to be served by such road: 134 -18- w 2. Where such is not shown on the Comprehensive Plan, the arrangement of streets in a subdivision shall either provide for the continuation or appropriate projection of existing majm' streets in the surrounding area; or shall conform to a street plan for the neighborhood, approved by the Commission City, to meet a particular situation where topographic or other conditions make continuance or conformance to existing reads streets impracticable. This shall also apply to cluster subdivisions. 3. If a prc1iminarj or suggested street plan for an area has been made by the Commission-..Ci1y, the street layout of a proposed subdivision in such an area shall be in general conformance to the plan. 4. When a portion of a subdivider's tract is to be subdivided, a street plan for the entire tract shall be submitted to indicate how the street pattern of the plat submitted will coordinate with the entire tract when fully platted and with streets in the surrounding area. 5. Where a tract is subdivided into lots or tracts of an aCrC Of morc larger in area than twice the minimum lot size, the Commission City may require an arrangement of lots and streets such as to permit a later re-subdivision in conformity with the street and lot requirements specified in these Regulations. 6. "'Nhcrever practical, dead cnd streets shall be a-voided. IIo'vve-tcr, roads dcsigned 'vvith a ttlffi around at one end (cRl de sae) may be used vvhen conditions arrant their liSC. 7. "'Nhcre-lcr prae1:ifJal, mioor streets shall bc laid out to discourage through traffie vvithin residcntialncighborhoods. Q& Where a proposed subdivision abuts or contains an existing or proposed nlajor road arterial street or is adjacent to an existing or planned business, commercial or industrial district, the Commission City may require treatment as may be necessary (1) for the adequate protection of residential properties; and (2) to afford separation of through and local traffic. 19. Where a subdivision borders or contains a railroad or limited access highway right-of-way, the COImnission City may require a road approximately parallel to and on each side of such right-of-way at a distance suitable for appropriate use of the intervening land. Such distances shall also be determined with due regard for the requirements of approach grades and future grade separations. .8.+9. Streets shall be laid out so as to intersect as nearly as possible at right angles. Acute angle intersection shall be avoided. 2-1+. There shall be no reserve strips controlling access to roads, except where the control of such strips is definitely placed in with the City under conditions approved by the Commission. lOB-. Sidewalks and other planning features that assure safe walking conditions for students who only walk to and from school shall be provided pursuant to RCW 58.17.060 and 58.17.110. D. BLOCKS. 1. The lengths, widths and shapes of blocks shall be determined with due regard to provision of adequate building sites suitable to the special needs of the type of land use contemplated, the zoning requirements as to lot area and dimensions, limitations and opportunities ofthe topography and other environmental constraints, Mltl needs for convenient access, circulation, control and safety of vehicular and pedestrian traffic. andthe desired urban design ofthe City. 2. Where the local access streets follow a grid system. .:t:the width of blocks 135 - 19 - ~ shall be sufficient for two ~ tiers oflots, unless existing conditions are such, in the judgment of the. Commission City, to render such requirements undesirable or impractical. .3.:. Where the local access streets follow a curvilinear system. the size of blocks should follow the large rectangular area bounded by arterial streets. unless future considerations are such that. in the iudgment ofthe City. will render such allowances undesirable or impractical. . ~~. For residential subdivisions. Wwhere frontage is on a major road an arterial, the long dimension ofthe block should be oriented with the in the opposite direction of traffic flow. 2.4. Pedestrian crosswalk-ways and sidewalks shall be required where deemed essential to provide circulation or access to schools, playgrounds and parks, shopping centers, areas, transportation arterial streets and trails, and other community facilities. E. LOTS. 1. The lot area, width, depth, shape and orientation, and the minimum building setback lines shall be appropriate for the location of the. subdivision, for the type of development and land use contemplated, and for the type of street system planned for the area. and shall conform with the requirements of the Zoning Ordinance. 2. Excessive depth in relation to width shall be avoided. No lot shall have a depth greater than twiee three times its width. 3. . Comer lots for residential use shall have extra width to permit appropriate building setback from and orientation to both streets. . 4. To ensure public health, convenience and safety, the subdividing of lan(......) shall provide, by means of a public street, each lot with satisfactory direct access to an existing public'';~;'~? street that is improved to City street standards. 5. Double frontage and reverse frontage lots shall be avoided, except where essential to provide separation of residential development from traffic artcries arterial streets or to overcome specific disadvantages oftopography and orientation. A planting screen easement across which there shall be no right of access shall be provided along the line of lots abutting such a traffie artery principal arterial street or disadvantageous use. 6. Side lot lines shall be substantially at right angles or radial to street lines and front lot lines. 7. No lot or lots for residential purposes shall be divided or sold into additional lots or building sites, without compliance with these Subdi-..isioll Regulations Title 16 PAMC. F. PUBLIC SPACES. 1. Where a proposed park, playground, school, or other public use shown in the Comprehensive Plan, including the Capital Facilities Plan, and Urban Services Ordinance is located in whole or in part in a subdivision, the Commission City may require the dedication or reservation of such area within the subdivision in those cases in which the Commission City deems sllch requirement to be reasonable. 2. Where deemed essential by the Commission ~upon consideration of the particular type of development proposed in the subdivision, and especially in large scak 1 36 - 20 - .. neighborhood unit devclopmcI1:ts not anticipated in.the Comprehensive Plan, subdivisions of30 lots or more, the Commission City may require the dedication or reservation of such areas or sites of a character, extent and location suitable to the needs created by such dc'.:clopmcnt large subdivisions for schools, parks and other neighborhood purposes. 3. Due regard shall be shown for the preservation of outstanding natural and cultural features such as scenic spots, water courses, and historic sites, consistent with the Comprehensive Plan, the Wetlands Protection Ordinance, and the Environmentally Sensitive Areas Protection Ordinance. G. EASEMENTS. 1. Utility easements shall be provided, centered on front, rear, or side lot lines, where possible. 2. Where a subdivision is traversed by a water course, drainage way, channel, or stream, there shall be provided a storm water easement or drainage right-of-way conforming substantially with the lines of such water course, and such further width or construction, or both, as will be adequate for the purpose. Parallel roads or parkways may be required in connection therewith. H. STREET LIGHTING. Street lighting installations shall be located in reference to the dimensions of full grown trees and in accordance with the determinations and standards of the City :Engineer Public Works & Utilities Department. I. DIMENSIONAL STANDARDS. Variations from and exceptions to the following standards may be made by the Commission City, where topographic or other existing conditions make adherence to these Regulations impractical. . J. STREET IMPROVEMENTS. Street Improvements shall be provided in accordance with the Urban Services Standards and Guidelines promulgated consistent with and pursuant to PAMC 18.08.040 and 18.08.130. K. BLOCKS. 1. Maximum length of all blocks shall be approximately twelve hundred (1200) feet. 2. Minimum length of all blocks shall be approximately five hundred (500) feet. 3. Crosswalk 'Nays shall may be required near the middle of all blocks longer than approximately eight hundred (800) feet. 4. Minimum width of all blocks with two tiers of lots (plus width of alley, if any), shall be-tw6 three hundred twe} (300) feet. L. LOTS. 1. The minimum width, depth, area and setback dimensions of all lots in proposed subdivisions shall conform with City Zoning Regulations. If any dimension in a plat approved by the City is more restrictive than the said Regulations, then the most restrictive dimension shall apply. M. BUILDING LINE SETBACK. 1. The building line setback from the property lines of all lots shall be indicated by a dashed line on all plats. 2. Required setbacks are a minimum, not a uniform standard. Varied setbacks along a street help avoid a monotonous barracks appearance. 137 -21- N. STANDARD PIPE SIZE. The size of water, sanitary and storm sewer. and storm drainage pipes shall be as set forth in the Comprehensive Plan and Urban Services Ordinance. the Urban Services Standards and Guidelines promulgated consistent with and pursuant to P AMC 18.08.040 and 18.08.130. O. PROCEDURE FOR REIMBURSEMENT Procedures for reimbursement shall be the same as that set forth in Section 13.68.140 PAMC. P. SIGNAGE One (1) free standing sign no larger than twenty-four (24) square feet in area shall be permitted for identification of the subdivision. The sign shall be placed in a locatedion in conformance with the development standards of a particular zone. (Ord. 3042 92 (part) 1/28/00; Ord. 2977 92, 12/26/97; Ord. 2948 93 (part) 2/14/97; Ord. 2880.92 (part) 8/25/95; Ord. 2795 91,2/11/94; Ord. 274392,1/29/93; Ord. #2732916,12/25/92; Ord. #1881 91,6/23/76; Ord. #1631 95, 11/14/67) 16.08.070 - Requirements for Acceptance of Plats. A. DATA REQUIRED FOR APPROVAL OF PRELIMINARY PLAT. The preliminary plat shall be at a scale of not less than two hundred (200) feet to one (1) inch. Data required for the preliminary plat shall include the following information, unless otherwise specified by the City Engineer:: 1. Location, width and purpose of all easements, existing and proposed. 2. Name and right-of-way widths of all existing and proposed streets on or adj acent to the proposed subdivision. \.. ) 3. Approximate location and size of all utilities (water mains, sewers, etc.)'Oh7/ on an adjacent to the proposed subdivision. 4. Contours, based on City adopted vertical datum, shall have intervals of not more than 5 feet for slopes of 10% or more and not more than two feet for slopes of 10% or less. 5. Locations of and results of tests made to ascertain subsurface soil, rock, and ground water conditions, when required by the City Engineer. 6. Approximate locations of water courses, marshes, rock outcrops, wooded areas, natural retention areas, direction of drainage, culverts, houses, all non-residential land uses and all other significant features on and adjacent to the proposed subdivision. 7. Zoning on and adjacent to the proposed subdivision. 8. All highways or other major improvements planned by public authorities for future construction on or near the proposed subdivision. 9. A vicinity sketch showing relation of the proposed subdivision to the surrounding area with regard to major improvements. 10. The legal description of the tract to be platted, title under which the proposed subdivision is to be recorded, names and addresses of the owners, date, scale, north arrow. 11. The legal description ofthe proposed lots. 12. Ownership of un subdivided land adjacent to the proposed subdivision and names of adjoining existing plats. 13. The required building setbacks and any existing buildings and/or major structures shall be shown for each proposed lot as well as their distances from property lines. 1 38 - 22 - . .. ~ 14. Identification of each lot and each block. 15. Approximate square footage and scaled dimensions of each lot. 16. Summary of site data, including total acreage, acreage in residential use, acreage in streets, and number of acres in parks and other non-residential land uses. 17. Environmental Checklist with filing fee. 18. Shoreline and Wetland permit applications and Environmentally Sensi rive Areas Protection Ordinance compliance (when required). 19. Affidavits of posting and publication. B. SUBDIVISION IMPROVEMENTS REQUIRED. All roadvvay street and utility improvements must be designed to comply with the current APW A standards and as specified by the City Engineer and with the Comprehensive Plan, the Urban Services Ordinance, and the Urban Services Standards and Guidelines promulgated consistent with and pursuant to PAMC 18.08.040 and 18.08.130. Plans and specifications forroadvv'ay street and utility improvements must be approved by the City Engineer prior to the beginning of construction. Minimum improvements shall be as follows: C. STREETS AND ROAD\V A YS. 1. The entire right-of-way shall be cleared and grubbed of all objectionable materials. Trees approved by the City for preservation shall be identified. 2. Streets shall be graded and improved with paving, curbs and gutters, drainage and sidewalks according to the approved plans and roadway section. 3. Street lights shall be installed as specified by the City Engineer. 4. Street name signs shall be provided and installed by the City at cost to the developer. 5. Permanent monuments shall be installed.. and each lot shall be staked. D. UTILITIES. A water distribution system, storm drainage. system, electrical distribution system and a sanitary sewage disposal system shall be designed and installed in accordance with the Comprehensive Plan..... M1d theUrban Services Ordinance.. dC.v'depmcnt stanclardg and the Urban Services Standards and Guidelines promulgated consistent with and pursuant to P AMC 18.08.040 and 18.08.130. E. PARKS. Parks and recreation shall be provided consistent with the Comprehensive Plan.. anti-the Urban Services Ordinance, and the Urban Services Standards and Guidelines promulgated consistent with and pursuant to P AMC 18.08.040 and 18.08.130. F. RECOMMENDED IMPROVEMENTS. 1. Street Trees. Street trees are a protection against excessive heat and glare and enhance the attractiveness and value of abutting property. The City will assist the subdivider in location of trees and species to use under varying conditions. It is recommended that trees be planted inside the property lines where they are less subject to injury, decrease the chance of motor accidents and enjoy more favorable conditions for growth. If trees are to be planted within a planting strip in the right-of-way, their proposed locations and species to be used are to be submitted for review and approval by the City. G. REQUIRED DATA FOR APPROVAL OF FINAL PLAT. The final plat shall be an eighteen (18) inch by twenty-four (24) inch permanent reproducible, and shall be at a scale of not less than two hundred (200) feet to one (1) inch. A reduced copy no larger than 11" x 17" shall be submitted with the final prints. For large subdivisions, the plat may be on several sheets, accompanied by an index sheet showing the entire subdivision. The final plat shall be accompanied 1 39 - 23 - by a report containing accurate square footage and dimensions of each lot and block and -the coordinates of each monument; a title report; and shall include a warranty that all assessments iJ favor of the City have been paid. The final plat and survey shall be based on the Washington Coordinate System, North Zone, as adopted by the City. The final plat shall show the following: 1. A minimum of two permanent plat control monuments with coordinates, to which all dimensions, bearings, azimuths and similar data on the plat shall be referred. 2. Permanent monuments at all comers. 3~ Subdivision boundary lines, right-of-way lines, easements, lot lines with accurate dimensions, bearings or azimuths, radii, central angles, and lengths of all curves. 4. Name and right-of-way width of each street. Any street not dedicated to the public must be so marked on the face of the plat (RCW 58.17.165). 5. Location, dimensions and purpose of all easements. 6. Identification of each lot and block with addresses shown on the lots. 7. The required. building setbacks and any existing buildings and/or major structures shall be shown for each proposed lot as well as their distances from property lines. 8. Purpose for which sites, other than residential, are dedicated to the public or reserved for future development. 9. The required building setbacks on each proposed lot. 10. Location and description of all monuments. 11. The title under which the subdivision is to be recorded, true north and grid north arrows, scale, and legend. 12. Legal description of the land to be platted; 13 The legal description of the proposed lots 14. Certification by registered land surveyor as to the accuracy of plat survey. 15. Certificate by owner(s) containing the legal description ofthe land to be platted and dedicating roads, rights-of-way, easements and anysites for public purposes. 16. Certification of approval by: (a) the Planning Commission; (b) Director of Public Works and Utilities; ( c) Health Department (when required); (d) City Council; ( e) City Manager, City Clerk, Fire Chief, rla-nning Community Development Director, and City Attorney. 17. Certification by the County Treasurer that all state and county taxes levied against the land to be subdivided have been paid in full. 18. Certification of filing by County Auditor. 19. Ifimprovements are tobe bonded deferred rather than actually installed prior to final plat approval, the plat shall show a notation as follows: "No occupancy of dwelling units will be allowed until all roadway and utility improvements have been completed and approved by the City Engineer." (Grd. 3042 92 (part) 1/28/00; Drd. 2948 93 (part) 2/14/97; Grd. 2909 93, 3/29/96; Grd. 2880 92, 8/25/95; Grd. 2743 g3, 1/29/93; Drd. 2045 91, 10/27/79; Grd. 1966 92, 4/29/78; Grd. 1631 g6, 11/14/67.) 16.08.080 - Variances and Modifications. Where the COlumission or thc Council City finds that extraordinary hardship may result from strict compliance with these Regulations, it may vary the Regulations so that substantial justice may be done and the public interest secured; provided that such variance will not have the effect of nullifying the intent and purpose of the Comprehensive Plan or these Regulations. The standards and requirements of these Regulations may be modified by the Commission or thc Council City through a Planned Residential Development which in the judgmen 1 40 - 24 - .. of the Commission or the Council will provide adequate public spaces and improvements for the circulation, recreation, light, air and service needs of the tract when fully developed and populated, and which also will provide such covenants or other legal provisions as will assure conformity with and achievement of the plan. In granting variances and modifications, the Com:missiofi or the Council City may reqllire such conditions as, in its judgment, will secure substantially the objectives of the standards or requirements so varied or modified. (Ord. 2880 ~2, 8/25/95; Ord. 1631 ~7, 11/14/67.) 16.08.090 - Validity. Should any section, subsection, paragraph, sentence, clause or phrase of these Regulations be declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of these Regulations. (Ord. 2880 ~2, 8/25/95; Drd. 1631 ~8, 11/14/67.) 16.08.095 - Agreements to transfer land conditioned on final plat approval- Authorized. If performance of an offer or agreement to sell. lease. or otherwise transfer a lot. tract. or parcel of land following preliminary plat approval is expressly conditioned onthe recording of the final plat . containing the lot. tract. or parcel under this Chapter. the offer or agreement is not subject to P AMC 16.08.100 and does not violate any provision of this Chapter. All payments on account of an offer or agreement conditioned as provided in this Section shall be deposited in an escrow or other regulated trust account and no disbursement to sellers shall be permitted until the final plat is recorded. 16.08.100 - Enforcement and Penalties. Within any twelve-month period of time, any person, firm or corporation that has platted, subdivided or divided any parcel of land or property in two (2) or more lots or tracts, each of which is five (5) acres or less in area, for the purpose of providing building sites, and has failed to comply with the provisions of these Regulations, shall be subject to a fine not to exceed one hundred ($ 1 OO.OO).dollars for each lot or tract, or imprisonment in jail for a period not to exceed thirty (30) days, or both. Any person, firm or corporation who agrees to transfer, sell or option to sell any lot or tract by reference to a plat or map of a subdivision or division, before such plat has been filed for record in the office of the County Auditor, shall pay a penalty of one hundred($100.00) dollars for each lot or tract transferred, sold, or optioned to be sold. Description of such lots or tracts by metes and bounds in the instrument of transfer shall not exempt the transaction from such penalty. The Commis3ion Community Development Department shall refer violations to the City Attorney for appropriate action to enforce these penalties. (Ord. 2880 ~2, 8/25/95; Ord. 1631 ~9, 11/14/67.) 16.08.110 - Plat Occupancy. If the developer of a plat elects to btmd assign savings or provide other security or trust approved by the City and thereby assure that the installation of the required improvements for final plat approval will be done to the satisfaction and approval of the City Engineer, building permits for the construction of houses within the plat will be issued subject to the following conditions: 1. The final plat must have received all required approvals and be recorded with the County Auditor. 1 41 - 25 - ----~ . 2. No occupancy of any dwelling units will be allowed until all road'Nay street and utility improvements have been completed and approved by the City Engineer. (Ord. 2880 g2, 8/25/95; Ord. 1966 gl, 4/29/78.) Section 3. Ordinance 3003 and Title 16 of the Port Angeles Municipal Code are hereby amended by amending Chapter 16.10 P AMC to read as follows: Sections: 16.10.010 16.10.015 16.10.020 16.10.030 16.10.040 16.10.050 16.10.060 16.10.070 16.10.080 16.10.090 16.10.100 16.10.110 Chapter 16.10 Binding Site Improvement Plan Purpose Definitions Application Review Procedures Standards and Criteria Preliminary Approval Final Approval Installation ofImprovements Time Limitations Revision Appeals Enforcement 16.10.010 Put:pose. This Chapter is established to provide an alternative to the traditional method of land division in commercial and industrial zones as provided in RCW 58.17.035. A Binding Site Improvement Plan (BSIP) allows for the division of land for the purpose of sale or lease when used for commercial or industrial purposes as an integrated commercial or industrial center and allows certain development standards (zoning, parking, setbacks, landscaping, lot area and lot dimension) on individual lots to be modified provided the standards for the entire center are met. This Chapter is also intended to encourage simultaneous construction of required infrastructure and private structures. (Drd. 3003 91 (part), 12/25/98) 16.10.015 Definitions. A. Binding site improvement plan or BSIP. "Binding site improvement plan" or "BSIP" means an integrated site plan submitted to the City pursuant to this Chapter for approval of all planned buildings, public and private infrastructure, and other improvements and amenities to be developed as a commercial or industrial center. B. Commercial. or industrial center. "Commercial center" or "industrial center" means a development complex of mixed commercial and/or industrial businesses that share facilities and are organized by some form of common management. A business and office park, an industrial park, a corporate campus, and a shopping center are typical examples of commercial or industri2' 1 42 - 26 - -_.,~ . .''':,"',-.'.''"i'''->_ centers. C. Integrated site. "Integrated site" means one or more parcels ofland operated as a single development site for the purposes of shared facilities and common management. (Ord. 3003 91 (part), 12/25/98) .. 16.10.020 Application. The following items are required, in quantities specified by the Planning Community Development Department, for a complete Binding Site Improvement Plan (BSIP) application, unless waived by the Planning Director as not being applicable: A. Complete BSIP application form with fee as set forth in Chapter 3.70 of the Port Angeles Municipal Code. B. Complete State Environmental Policy Act (SEP A) checklist and fee. C. Complete applications for other required land use approvals if applicable. D. A vicinity map showing location of site. E. A drawing prepared to the following standards: 1. The drawing shall be in ink, to a scale of not less than one inch to one hundred feet, on 8 12 inch by 11 inch or larger paper. 2., The drawing shall provide the following information: a. The date, scale, and north directional arrow; b. The boundaries of the entire parcel being platted, including all contiguous unplanted property owned by the subdivider; c. A legal description of the property being platted; d. Identification, dimensions, and area of all proposed lots and address numbering. Interior lots to be eliminated shall be shown by a dashed line and so noted; e. The name and location of existing and proposed public rights-of- way; f. The location of existing and proposed easements; g. The required building setbacks on each proposed lot; h. The location of existing and new buildings including distances from property and/or leasehold lines, driveways and parking calculations; i. The location of existing natural features, such as streams, rivers, wetlands, shorelines, drainage ways, ravines and steep slopes; j. The location and size of utilities, including water, sewer, storm drains, and fire hydrants existing and proposed; k. Location of sensitive areas and sensitive area buffers (as well as slopes of20% or greater and drainage or other watercourses) on the site. F. A list of owners of adjacent property printed or typed on 1" x 2 5/8" mailing labels and the names of any adjacent subdivisions. G. Legal descriptions of all tracts contained within the boundaries of the plat. H. A description ofthe method of common management of shared facilities. (Ord. 3003 91 (part), 12/25/98) 16.10.030 Review Procedures. A. Prior to submittal of a BSIP application for consideration, the applicant is 1 43 - 27 - . encouraged to meet with representatives of the Planning Community Development Department, Public Works & Utilities Department, Fire Department, and Parks Department. The City representatives and the applicant may discuss the general goals and objectives of the proposal, overall design possibilities, general character of the site, potential environmental constraints, and standards of development. The focus of the meeting shall be general in nature and none ofthe discussions shall be interpreted as a commitment by the City or the applicant. B. Review of proposals under five (5) acres in size shall be done administratively by the Plan.-ung Community Development Department. Review of proposals exceeding five (5) acres in size shall be done by the Planning Commission following a public hearing. C. Public notice shall be provided as follows: 1. At least fifteen (15) days prior to the date of the public hearing, the applicant shall cause notice of the time, place and purpose ofthe hearing to be posted on the site in a conspicuous manner in the form of a brightly colored notice on a self-standing sign as provided by the Planning Community Development Department or in such other form as the Planning Community Development Department may direct. The applicant shall file with the Platming Community Development Department an affidavit that such posting has been accomplished and that the applicant shall assume full responsibility for return or replacement, in the case of damage. Consideration will be given in the case of vandalism beyond the applicant's controL 2. At least fifteen (15) days prior to the date of the public hearing, the Planning Community Development Department shall cause notice of the time, place and purpose of the hearing to be mailed to the latest recorded real property owners within at least 300 feet of the boundary ofthe site as shown by the records of the County Assessor. The applicant shall provide the Plannilig Community Development Department with mailing labels for each such property owner\,c.'>) D. An environmental determination shall be rendered by the SEP A Responsible"""OP Official prior to final action on the preliminary BSIP application. (Ord. 3003 91 (part), 12/25/98) 16.10.040 Standards and Criteria. Prior to approval ofa BSIP, the following standards and criteria shall be met: A. Water supply and fire protection facilities must be adequate to serve the BSIP and comply with the City's Comprehensive Plan.. and the Urban Services Ordinance.. development standards.and the Urban Services Standards and Guidelines promulgated consistent with and pursuant to PAMC 18.08.040 and 18.08.130. B. Necessary drainage ways or storm drain facilities must be adequate to serve the BSIP as set forth in the Comprehensive Plan and Urban Services Ordinance development standards. C. Appropriate access to all anticipated uses within the site shall be available. D. Monumentation of all exterior tract comers shall be completed. E. The provision and dedication of streets and rights-of-way must be adequate to serve the BSIP and comply with PAMC 16.04.070 and with the Comprehensive Plan and Urban Services Ordinance~ development standards. and the Urban Services Standards and Guidelines promulgated consistent with and pursuant to PAMC 18.08.040 and 18.08.130. F. The BSIP lot arrangement, configuration, and size must comply with the policies of the Comprehensive Plan and further the attainment of the goals, policies, and objectives of the Comprehensive Plan. The proposed lots must comply with the requirements of the Zoning Code, Title 17 P AMC, as now enacted or hereafter amended, and P AMC 16.04.070. 1 44 - 28 - .. - .-~:_-::-~;:.';:;;:-'-~-"--- "'.-<>__".M-:,C:_--,,; .. G. The BSIP must be compatible>with existing and planned development of the surrounding area. H. The site must be zoned commercial or industrial and must be integrated, as defined in PAMC 16.10.015. 1. Appropriate easements and maintenance agreements for shared faciliti es, including but not limited to, circulation, parking, utilities and landscaping must be provided. J. When taken as a whole and not considering any interior lot orleasehold lines, the integrated site must meet all zoning and subdivision requirements. K. Modifications to the minimum zoning standards for individual lots located within the integrated site, including setbacks, parking, landscaping, lot area, lot coverage, and lot dimension shall not be detrimental to the public health, safety and welfare, and shall not adversely affect the rest of the integrated site or other properties in the vicinity. L. Common improvements necessary to serve any particular phase of development must be sufficient for meeting the zoning and subdivision requirements for that phase. M. Access to the integrated site must meet the subdivision ordinance standards. Access within the site must provide for safe and efficient circulation and must meet Fire Department access requirements. N. The circulation system must incorporate appropriate provisions and provide sufficient area for safe pedestrian activity to the site from the street and from building to building within the site. o. Sign regulations shall be applied to the integrated site as a whole. For example, the number of freestanding signs allowed shall be based upon the BSIP as a site. Individual ownerships within the integrated site shall not be considered separate sites in determining the number of freestanding signs allowed. P. Landscaping design standards shall be maintained as required in the underlying zoning development standards. Q. Land clearing/grading shall be performed in compliance with the City's Clearing/GradingIFilling Ordinances. Land that contains environmentally sensitive and critical areas shall only be developed under the City's regulations for development in those areas. R. Each proposed BSIP and the ultimate use of the land therein shall be in the interests of the public health, safety, and welfare, and applicants shall present evidence to this effect when requested. S. Whenever there is a discrepancy between minimum standards or dimensions noted herein and those contained in Zoning Regulations, Building Codes, or other official Regulations, the more restrictive standard shall apply. T. A description of the facilities shared by the development complex of mixed commercial and/or industrial businesses shall be provided and the system of common management of those facilities shall be described on the face of the final mylar. (Ord. 3003 91 (part), 12/25/98) 16.10.050 Preliminary Approval. A. The Planning .Community Development Director or Planning Commission shall approve, approve with conditions, or deny the BSIP within the time requirements of Chapter 18.02 P AMC. Said preliminary decision shall be in writing and shall set forth findings of fact supporting the decision. B. Preliminary approval or approval with conditions shall authorize the applicant 1 45 - 29 - to proceed with preparation of the final BSIP.(Ord. 3003 91 (part), 12/25/98) 16.10.060 Final Approval. A. Prior to final approval, a survey shall be performed by a licensed surveyor who shall submit a mylar to the Planning Community Development Department for recordation. The mylar shall be prepared to acceptable survey standards and shall contain the information required in the preliminary drawing. The Mylar shall also contain the required official recording block and signatures of the City Planning Community Development Director, €ity Public Works & Utilities Director, €ity Fire Chief, and the property owner. For those applications that require review by the Planning Commission, provision will be made for the signature of the Chair of the Planning Commission. The survey and plan shall be consistent with the conditions of preliminary approval. B. Once the Planning Community Development Department determines the survey, plan, and any other documents for recording are consistent with the preliminary approval, it will be reviewed by the appropriate City departments and signed by the appropriate City officials. C. After being certified for filing by the City, the BSIP survey shall be filed by the applicant with the Clallam County Auditor's Office. The applicant shall pay all costs associated with the filing. The BSIP is not considered final until a copy of the recorded document is returned to the City of Port Angeles Planning Community Development Department for record keeping purposes. D. Upon final approval by the city, all developments shall conform to the BSIP unless an amendment is approved by the City. (Ord. 3003 91 (part), 12/25/98) . . 16.05.070 Installation of Improvements. Prior to the issuance of a building permit for construction within a binding site improvement plan, all improvements required to adequately service that portion of the BSIP for which the building permit will be issued shall be installed, Approval for improvements and finalization of specific individual commercial or industrial lots shall. be done administratively. (Ord. 3003 91 (part), 12/25/98) 16.05.080 Time Limitations. Ifno specific BSIP has been approved within five (5) years of the date of preliminary approval, preliminary approval will expire. The applicant may obtain ill. ...! extension of the BSIP not to exceed two (2) years by filing a written request with the PlMlfiingii~~1 Community Development Department prior to the expiration of the five (5) year period. (Ord.3003 91 (part), 12/25/98) 16.10.090 Revisions. Alteration of an approved and recorded BSIP shall be accomplished by application to the Planning Community Development Department and shall be subject to all procedures and requirements established in this Chapter. (Ord. 3003 9 1 (part), 12/25/98) 16.10.100 Appeals. A.. Any person aggrieved by the decision of the Plamring Community Development Director or the Planning Commission may appeal the decision to the City Council. B. Appeals shall be submitted to the Planning Community Development Department in writing within fourteen (14) days following the date of mailing ofthe decision to the applIcant and shall be accompanied by the required fee as set forth in Chapter 3.70 PAMC. C. The City Council shall hear the appeal, and may uphold, reverse, or modify the decision and shall set forth written findings of fact. (Ord. 3003 ~1 (part), 12/25/98) 16.10.110 Enforcement. All provisions, conditions, and requirements of the BSIP shall be legally enforceable against the purchaser or any other person acquiring a lease or other ownership interest of any lot parcel, or tract created pursuant to the BSIP. Any sale, transfer, or lease of any lot or parcel created pursuant to the BSIP that does not conform to the requirements of the BSIP or without binding site plan approval shall be considered a violation of Chapter 58.17 RCW, shall be subject to being restrained by injunctive action and be illegal as provided in Chapter 58.17 RCW, and shall be subject to the general penalty set forth in P AMC 1.24.010. (Ord. 3003 91 (part), 12/25/98) Section 4. Ordinance 2669 as amended and Title 16 of the Port Angeles Municipal Cod 1 46 - 30 - . ;..'i:-;:'}.",,' ,- ---":.,:/._::r .. are hereby amended by amending Chapter 16:12PAMC to read as follows: CHAPTER 16.12 BOUNDARY LINE ADmSTMENTS Sections: 16.12.010 Purpose and Intent. 16.12.020 Authority. 16.12.030 Definition. 16.12.040 Scope. 16.12.050 Application. 16.12.060 Planning Community Development Department Decision. 16.12.070 Recording. 16.12.080 Appeals. 16.12.010 - Purpose and Intent. The purpose ofthis Chapter is to establish procedures for the approval of boundary line adjustments in order to ensure that such divisions of land are accomplished in an orderly manner, with proper records, and in compliance with applicable laws. (Ord. 2669 ~ 1 (part), 1/17/92.) . 16.12.020 - Authority. This Chapter is adopted pursuant to the authority of Chapter 58.17 RCW, RCW 35A.63.100(3), and the police power granted the City of Port Angeles by the Constitution and laws ofthe State of Washington. (Ord. 2669 ~1 (part), 1/17/92,) 16.12.030 - Definition. A boundary line adjustment is defined as a division ofland made for the purpose of alteration by adjusting boundary lines, between planned or unplanted lots or both, which does not create any additional lot, tract, parcel, site, or division, nor create any lot, tract, parcel, site, or divIsion which contains insufficient area and dimension to meet minimum requirements for width and area for a building site. (Ord. 2669 ~ 1 (part), 1/17/92.) 16.12.040 - Scope. The submittal of boundary line adjustment applications for City approval under this Chapter shall be at the option ofthe affected property owners. If property owners request City approval of boundary line adjustments, said approval shall be consistent with this Chapter. (Ord. 2669 ~1 (part), 1/17/92.) 16.12.050 - Application. Application for a boundary line adjustment shall be made to the Planning Community Development Department. The application form shall be made available at the Planning Community Development Department. The application shall include the signatures of all property owners affected by the adjustment. In addition, an 18" x 22" drawing, drawn to scale, shall be provided with the following information: A. Existing and adjusted property lines shown as solid lines; 147 -31- ,. . B. Distance between existing and adjusted line(s); C. Dimensions of all property lines before and after adjustment; D. Location of all existing buildings, with nearest distance between each building and all existing and proposed property lines; E. Legal description of property (existing and proposed); F. Location of existing and proposed easements that are in favor of a public entity; G. The location of public and private streets. (Ord. 2669 gl (part), 1/17/92;) 16.12.060 - Plallfiing Community Development Department Decision. The Planning Community Development Department's decision shall be based on whether or not the proposed boundary line adjustment meets the following standards: A. The boundary line adjustment does not create any additional new lots; B. The boundary line adjustment does not create any lot which does not meet the minimum lot width and area standards for the zone district in which it is located; C. The boundary line adjustment does not increase the degree of nonconformance of structures with respect to zoning standards; D. The boundary line adjustment makes provision for all necessary utility easements; E. The adjusted lots meet the requirements of the Short Plat Ordinance, Chapter 16.04 P AMC, with respect to configuration and access to public streets; or ifthe existing lots do not meet these requirements, the adjusted lots shall not increase the degree of nonconformity. The Planning Community Development Department shall take action on the request within twenty (20) working days from when the application is deemed complete. The applicant shall be notified in writing of the action. (Ord. 2669 g 1 (part), 1/17/92.) 16.12.070 - Recording. A. A survey shall be prepared and recorded with the County Auditor's Office on an 18" x 22" reproducible mylar. The mylar shall show property lines and dimensions, showing the new comers as staked on the ground, building locations, location of easements, and public and private streets. The mylar shall also contain signatures of all property owners and signature blocks for the Planning Community Development Director and Public Works & Utilities Director. A copy of the recorded survey shall be provided to the Planning Department. B. In order to ensure that the adjustment does not create an additional lot, the following wording shall be included on each deed filed as part of the adjustment: "This conveyance is for the purpose of accomplishing a boundary line adjustment pursuant to RCW 58.17.040(6). It shall not create any additional lots, tracets, parcels, or division. Rather, the land described herein shall merge or be integrated into abutting property presently owned by the grantee(s)." (Ord. 2948 g4 2/14/97; Ord. 2669 gl (part), 1/17/92.) 16.12.080 - Appeals. A. Any person aggrieved by the Decision ofthe Planning Community Development Director under Section PAMC 16.12.050 may appeal the decision to the Planning Commission. 148 - 32 - .. .., -.,,,~,>'i-':~:' ;)~-:-:;;--;~,---- .. B. Appeals sh~llbe submitted to the Planning Community Development Department in writing within thirty (30) days following the date of mailing the decision to the application. C. The Planning Commission shall hear the appeal at its next possible public meeting and hereupon make a recommendation to the City Council to uphold, reverse, or modify the decision, based upon the compliance of the boundary line adjustment with the requirements of this Chapter. Such recommendation shall include written findings of fact. D. The City Council, at its next possible public meeting following receipt of the Planning Commission's recommendations, may adopt, reverse, or modify the Planning Commission's recommendations and shall set forth written findings of fact. (Ord. 2669 S 1 (part), 1/17/92.) Section 5 - Severability. If any provisions of this Ordinance, or its application to any person or circumstances, is held invalid, the remainder of the Ordinance, or application of the provisions of the Ordinance to other persons or circumstances, is not affected. Section 6 - Effective Date. This Ordinance shall take effect five days following the date of its publication by summary. PASSED by the City Council ofthe City of Port Angeles at a regular meeting of said Council held on the day of September, 2002. MAYOR ATTEST: Becky J. Upton, City Clerk APPROVED AS TO FORM: Craig D. Knutson, City Attorney PUBLISHED: By Summary G:\EXCHANGE\CLERK\2002-15.ordamend. wpd AuguSI16.2002 149 - 33 - 150 ., . .. .. . ',.",,>'i+',-':' "';~.;,,; ATTACHMENT E ORDINANCE NO. AN ORDINANCE ofthe City of Port Angeles, Washington, amending the City's Zoning Code by adding to the purposes of the Zoning Code, by identifying what development should take place in each zone to accomplish the desired urban design of the City and to reduce conflicts between adjacent land uses, and by adding definitions for special uses, and amending Ordinance 1709 as amended and Title .17 of the Port Angeles Municipal Code. THE CITY COUNCIL OF THE CITY OF PORT ANGELES DOES HEREBY ORDAIN as follows: Section 1. Ordinance 1709 as amended and Title 17 of the Port Angeles Municipal Code are hereby amended by amending Chapter 17.01 PAMC to read as follows: Chapters: 17.01 17.03 17.08 17.10 17.11 17.13 17.14 17.15 17.17 17.18 17.19 17.20 17.21 17.22 1 7.23 17.24 17.26 17.30 17.32 17.34 17.35 ZONING Purpose and Scope Establishing Mapped Zones and Regulations Rules and Definitions RS-7 - Residential. Single Family (7.000 sq. ft.) RS-9 - Residential. Single Family (9.000 sq. ft.) R TP - Residential Trailer Park RMD - Residential. Medium Density RHD - Residential. High Density Home Occupations Conditional Use Permit Bed and Breakfast Conditional Use Permit PRD - Planned Residential Development Overlay Zone CO - Commercial. Office CN - Commercial. Neighborhood CSD - Community Shopping District CA - Commercial. Arterial CBD - Central Business District Retail Stand Conditional Use Permit IP - Industrial Park IL - Industrial. Light IH - Industrial. Heavy Wrecking Yards. Junk Yards Conditional Use Permit 151 -1- 17.40 17.42 17.50 17.52 17.94 17.95 17.96 Sections: purposes: ~ PBP - Public Buildings and Parks FL - Forest Lands Adult Entertainment Uses Wireless Telecommunications Towers and Facilities; General Provisions. Conditions and Exceptions Special Provisions Administration and Enforcement .. CHAPTER 17.01 PURPOSE AND SCOPE 17.01.010 Purpose. 17.01.010 Purpose. This comprehensive Ordinance is adopted for the following A. To implement the requirements ofthe State Growth Management Act of 1990 through the goals, policies, and objectives of the Port Angeles Comprehensive Plan by dividing the City into zones restricting and regulating therein the location, construction, reconstruction, alteration, and use of buildings, structures and land for residential, business, commercial, manufacturing, public, and other specified uses. (Ord. 286191 (part), 3/17/95; Ord. 2668 ~1 (part), 1/17/92; Ord. 170991 (part), 12/22/70.) B. To protect the character and maintain the stability of residential, commercial, manufacturing, and public areas within the City, and to promote the orderly and appropriate development of such areas. (Ord. 286191 (part), 3/17/95; Ord. 266891 (part), 1/17/92; Ord, 1709 ~ 1 (part), 12/22/70) C. To regulate the intensity of use of lots and parcels of land, and to determine the spaces surrounding buildings necessary to provide adequate light, air, privacy, and access to property. (Ord. 2861 ~ 1 (part), 3/17/95; Ord. 266~ 91 (part), 1/17/92; Ord. 1709 91 (part), 12/22/70) D. To sustain natural landscapes, corridors, and habitats for fish and wildlife and to provide relief from the urban landscape within the community through the designation of open space areas. (Ord.2861 91 (part), 3/17/95) E. To limit congestion in the public streets and to protect the public health, safety, convenience, and general welfare by providing for off-street parking of motor vehicles, the loading and unloading of commercial vehicles, public transit access, and pedestrian safety. (Ord. 2861 ~ 1 (part), 3/17/95; Ord. 2668 ~1 (part), 1/17/92; Ord. 170991 (part), 12/22/70) F. To establish building lines and the location of buildings designed for residential, commercial, manufacturing, public, or other uses within such lines. (Ord. 2861 ~1 (part), 3/17/95; Ord. 2668 91 (part), 1/17/92; Ord. 1709 91 (part), 12/22/70) G. To prevent the overcrowding ofland and undue concentration of structures and to preserve existing unusual, unique, and interesting features of the natural landscape so far as is possible and appropriate in each zone by regulating the use and the bulk of buildings in relation to the land surrounding them. (Ord. 2861 91 (part), 3/17/95; Ord. 2668 91 (part), 1/17/92; Ord. 1709 91 (part), 12/22/70) 1 52 - 2 - . w . ,"'~':.'.',o>.::...;c H. To provide protection from fire, explosion, noxious fumes, and other hazards and to maintain the quality oflife in the interest of public health, safety, comfort, and general welfare by establishing minimum level of service standards throughout the City. (Ord. 2861 ~1 (pa.rt), 3/17/95; Ord. 2668 91 (part), 1/17/92; Ord. 1709 91 (part), 12/22170) I. To prevent such additions to, and alteration or remodeling of, existing buildings or structures as would not comply with the restrictions and limitations imposed hereunder. (Ord. 286191 (part), 3/17/95; Ord. 266891 (part), 1/17/92; Ord.1709 SI (part), 12/22170) J. To prohibit uses, buildings, or structures which are incompatible with the character ofthe permitted uses within specified zones. (Ord. 2861 91 (part), 3/17/95; Ord. 2668 91 (part), 1/17/92; Ord. 1709 91 (part), 12/22170) K. To conserve the taxable value ofland and buildings throughout the City. (Ord. 2861 91 (part), 3/17/95; Ord. 266891 (part), 1/17/92; Ord. 1709 SI (part), 12/22170) L. To encourage the preservation of historic or culturally significant sites and structures throughout the City. (Ord. 2861 9 1 (part), 3/17/95) M. To define andto limit the powers and duties ofthe administrative officers and bodies as provided herein and to protect the private property rights of landowners from arbitrary, capricious, and discriminatory actions. (Ord. 2861 91 (part), 3/17/95; Ord. 266891 (part), 1/17/92; Ord. 1709 91 (part), 12/22170) N. To improve the variety, quality, availability, andaffordability of the housing opportunities in the City. (Ord. 2861 91 (part), 3/17/95) O. To avoid or mitigate significant adverse impacts such as hazardous materials. air and water pollution. noise. traffic. outside storage. large structures. and public safety problems which can be associated with specific land uses and thereby reduce conflicts between adjacent land uses. P. To identifY what development should take place in each zone to accomplish the desired urban design as defined by the City's land use planning policies and regulations. Qe. Zoning Intentions: 1. RS-7 Zone - This is a low density residential zone intended to create and preserve urban single family residential neighborhoods consisting of predominantly single family homes on standard Townsite-size lots. Uses which are compatible with and functionally related to a single family residential environment may also be located in this zone. Because ofland use impacts associated with nonresidential uses. few nonresidential uses are allowed in this. zone and then only conditionally. This zone provides the basic urban land use pattern . for the City's 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 with 50-foot by 140-foot lots and usually located in areas that are largely developed and closer to the center ofthe City. (Ord. 2861 91 (part), 3/17/95; Ord. 266891 (part), 1/17/92; Ord. 238591 (part), 3/28/86 Ord. 170991 (part), 12/22170) 2. RS-9 Zone - This is a low density residential zone intended to create and preserve urban single family residential neighborhoods consisting of predominantly single family homes on larger than standard Townsite-size lots. Uses th~t are compatible with and functionally related to a single family residential environment may be located in this zone. Because of land use impacts associated with nonresidential uses. few nonresidential uses are allowed in this zone and then only conditionally. This zone provides for a variety in the urban land use pattern for the City's single family residential neighborhoods. following a curvilinear street system of nonthroug h public and private streets with irregular shaped lots. minimum 75-foot front lot lines. and 60-foot 1 53 - 3 - . rights-of-way for collector arterial streets in large rectangular blocks and usually located"in outlying areas with large tracts of vacant buildable land.(Ord. 2861 91 (part), 3/17/95; Ord. 2668 91 (part), 1/17/92; Ord. 238591 (part), 3/28/86; Ord. 170991 (part), 12/22170) 3. RTP Zone - This is a medium density residential zone intended for mobile home occupancies, and the area is regarded as essentially residential in character. 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 small lot. single family. mobile home parks. following an irregular urban land use pattern of private access roads and minimum 3500 square foot lots. (Ord. 2861 91' (part), 3/17/95; Ord. 2715 91, 10/16/92; Ord. 2668 91 (part), 1I17/92;Ord. 170991 (part), 12/22170)) 4. RMD Zone - This is a medium density residential zone, which allows a mix of single family, duplexes and apartments at a density greater than single family neighborhoods but less than the RHD Zone. The permitted uses in the RMD Zone are also intended to be more restrictive than the RHD Zone. Commercial uses are not considered to be compatible. 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 vahety 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., (Ord.2861 91 (part), 3/17/95; Ord. 271591,10/16/92) 5. RHD Zone - This is a high density residential zone for multi-family structures. Compatible uses may be allowed on Conditional Use Permits, but the zone is still~,C"';) regarded as a residential area, where commercial enterprises are not generally felt to be compatible. "[~>r 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. (Ord.2861 91 (part), 3/17/95; Ord. 2715 91, 10/16/92; Ord. 2668 91 (part), 1/17/92; Ord. 1709 91 (part), 12/22170) 6. PRD Overlay Zone - This overlay zone is to provide alternative zoning regulations which permit and encourage design flexibility, conservation and protection of natural critical areas, and innovation in residential developments to those regulations found in the underlying zone. It is intended that a Planned Residential Development will result in a residential environment of higher quality than traditionallot-by-Iot development by use of a design process which includes within the site design all the components of a residential neighborhood, such as open space, circulation, building types, and natural features, in a manner consonant with the public health, safety, and welfare. It is also intended that a Planned Residential Development may combine a number of land use decisions such as conditional use permits, rezones, and subdivisions into a single project review process to encourage timely public hearings and decisions and to provide for more open space and transitional housing densities than is required or may be permitted between single family and multi-family zones. The consolidation of permit reviews does not exempt applicant(s) from meeting 1 54 - 4 - ..' .. .. the regulations and submittingthe 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 cOII1lTIercial developments not usually permitted in residential zones. (Ord. 2861 91 (part), 3/17/95; Ord. 2715 91, 10/16/92; Ord. 2657 91 (part), 12/13/91; Ord. 203891 (part), 7/29/79) 7. CO Zone - This is a commercial zone intended for those business, office, administrative, or professional uses which do not involve the retail sale of goods, but rather provide a service to clients, the provision of which does not create high traffic volumes, involve extended hours of operation, or contain impacts that would be detrimental to adjacent residential areas. 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 districts with direct access on an arterial street and design standards compatible with residential development. (Ord. 2861 91 (part), 3/17/95; Ord. 271591,10/16/92; Ord. 266891 (part), 1/17/92; Ord. 210992,12/7/80) 8. CN Zone - This is a commercial zone intended to create and preserve areas for businesses which are ofthe type providing the goods and services for the day-to-day needs of the surrounding residential neighborhoods. Businesses in this zone shall occur on sites no larger than one acre and shall be located and designed to encourage both pedestrian and vehicular access and to be compatible with adjacent residential neighborhoods. Commercial uses that are largely devoid of any impacts detrimental to multiple 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. (Ord. 286191 (part), 3/17/95; Ord. 271591,10/16/92; Ord. 266891 (part), 1/17/92;Ord. 25531,12/2/89) 9. CSD Zone - This is a commercial zone oriented primarily to those businesses serving the daily needs of the surrounding residential neighborhoods but is slightly less restrictive than the CN zone and as such provides a transition area from the most restrictive commercial zones to those of lesser restrictions. Businesses in this zone may occur on sites of varying sizes and shall be located at the intersections of arterial streets of sufficient size to satisfy traffic demand. and at the boundaries of neighborhoods so that more than one neighborhood may be served. 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. (Ord. 286191 (part), 3/17/95; Ord. 2797 92,2/11/94, Ord. 2715 91, 10/16/92; Ord. 2668 91 (part), 1/17/92; Ord. 1709 91 (part), 12/22/70) 10. CA Zone - This is a commercial zone intended to create and preserve areas for business serving the entire City and needing an arterial location because of the nature of the business or intensity of traffic generated by the business. 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 1 55 - 5 - ~, 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. (Ord. 2861 91 (part), 3/17/95; Ord. 271591,10/16/92; Ord. 266891 (part), 1/17/92; Ord. 229391 (part), 4/4/84) 11. CBD Zone - This is a commercial zone intended to strengthen and preserve the area commonly known as the Downtown for major retail, service, financial, and other commercial operations that serve the entire community, the regional market, and tourists. It is further the purpose of this zone to establish standards to improve pedestrian access and amenities and to increase public enjoyment of the shoreline. 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 density. pedestrian oriented. commercial 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. (Ord. 2861 91 (part), 3/17/95; Ord. 271591, 10/16/92; Ord. 2668 91 (part), 1/17/92; Ord. 2303 91 (part), 7/4/84; Ord. 1709 91 (part), 12/22/70) 12. IP Zone - This is an industrial zone intended to create and preserve areas for office, commercial, and industrial uses devoid of exterior nuisances in a planned, park-like setting. Permitted uses are devoid of exterior nuisance factors. such as noise. glare. airand water pollution. and fire and safety hazards onadiacent non-industrial property. and do not have an exceptional demand on public facilities. These types of office. commercial. and 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 dt.welopment 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. and entertainmenft'Qi,;;cJ 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 for a variety in the urban land use pattern for mixed industrial and commercial uses with direct access on an arterial street. design standards for high density. pedestrian oriented. mixed uses located adjacent to major transportation facilities. design standards for compatible mixed industrial and commercial development. and support for private parking and business improvements. (Ord. 2861 gl(part), 3/1 7/95) 13. IL Zone - This is an industrial zone intended to create and preserve areas for industrial uses which are largely devoid of exterior nuisances in close proximity to airports and highways. 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. (Ord. 2861 91 (part), 3/17/95; Ord. 271591,10/16/92; Ord. 266891 (part), 1/17/92; Ord. 232991 (part), 3/11/85) 156 - 6 - ..' ~ ,'c"'" ..~'~,-,.- -, .-~... .-. -, . 14. IH Zone - This is the least restrictive industrial zone intended to be the area in which heavy industry could develop causirig 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 adalt- 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. (Ord. 2861 91 (part), 3/17/95; Ord. 271591,10/16/92; Ord. 2668 ~1 (part), 1/17/92; Ord. 1709 91 (part), 12/22170) 15. PBP Zone - A zoning designation for publicly-owned property, or property less suitable for development by reason of its topography, geology, or some unusual condition or situation. Much ofthe land so designated may best be left as "green belts". Except for low density private residential uses. permitted uses are mostly public utilities and large civic facilities. This zone provides the basic urban land use pattern for public facilities. open space. and environmentally sensitive areas where public interests are directly-involved and with allowances for very low density private residential use. subject to environmental impact mitigation. (Ord. 286191 (part), 3/17/95; Ord. 271591,10/16/92; Ord. 266891 (part), 1/17/92; Ord. 1709 91 (part), 12/22170) 16. FL Zone - A zoning designation for privately-owned property not intended for future conversion to urban development, much of which.property may best be used for commercial timber production .This zone provides the basicnonurbanland use pattern for natural resource uses. subject to environmental impact mitigation if converted to urban development. (Ord. 3111 93, 3/15/2002) 17. Home Occupation Conditional Use Permit - The purpose of this Chapter is to ensure that an occupation or business undertaken within a dwelling unit located in a residential use district is incidental and subordinate to the primary use and is compatible with the residential character ofthe neighborhood. This special use permit provides allowances for business activities taking place within a residential use. (Ord. 3111 93,3/15/2002; Ord. 2948 95 (part) 2/14/97; Ord. 2861 91 (part), 3/17/95; Ord. 2715 91, 10/16/92; Ord. 2668 91 (part), 1/17/92; Ord. 2103 92, 10/18/80) 18. Bed and Breakfast Conditional Use Permit - 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 special use provides procedures and regulations for business activitie s taking place within a residential use. (Ord. 3111 93,3/15/2002; Ord. 2948 95 (part) 2/14/97; Ord. 286191 (part), 3/17/95; Ord. 271591,10/16/92; Ord. 266891 (part), 1/17/92; Ord. 248391 (part), 3/23/88) 19. Adult Entertainment Conditional Use - The purpose ofthis Chapter is to ensure that adult entertainment businesses are appropriately located and operated within the City of Port Angeles, are compatible with uses allowed within the City, and are conducive to the public health, safety, and welfare. This conditional use provides procedures and regulations for' specific adult-only business activities. (Ord. 3111 93,3/15/2002; Ord. 2948 95 (part) 2/14/97; Ord. 2861 ~1 (part), 3/17/95; Ord. 2715 ~1, 10/16/92; Ord. 2668 ~1 (part), 1/17/92; Ord. 2511 ~1, 10/4/88) 20. Retail Stand Conditional Use Permit- The purpose ofthis Chapter is to ensure that retail stands are appropriately located in the commercial and public building areas, are 157 -7- t compatible with the uses allowed in such areas, and are conducive to the public health, safety, ~nd welfare, and to promote the diversity of retail stand activity. This special use provides procedures and regulations for business activities taking place outside a building or on public property . (Ord. 3111 93,3/15/2002; Ord. 2948 95 (part) 2/14/97; Ord. 2861 91 (part), 3/17/95; Ord. 2715 91, 10/16/92; Ord. 2668 91 (part), 1/17/92; Ord. 2070 91 (part), 3/29/80) 21. Wrecking Yard Conditional Use - The purpose of this Chapter is to ensure that licensed wrecking yards are appropriately located, are compatible with uses allowed within the City, and are conducive to the public health, safety, and welfare. This conditional use provides procedures and regulations for specific business activities. (Ord. 3111 93, 3/15/2002;Ord. 294895 (part) 2/14/97; Ord. 2861 91 (part), 3/17/95) Section 2. Ordinance 1709 as amended and Title 17 of the Port Angeles Municipal Code are hereby amended by amending PAMC 17.08.095 to read as follows: 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 deaning 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. (Ord. 2652 ~1 (part), 9/27/91; Ord. 1709 ~1 (part), 12/22170) B. Setback - the required minimum distance between any lot line and any structure or building. (Ord. 2666 91 (part), 1/17/92) C. 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. (Ord. 3007 95 (part), 1/15/99) D. 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. (Ord. 3007 95 (part), 1/15/99; Ord. 2666 91 (part), 1/17/92; Ord. 1709 ~1 (part), 12/22170) E. 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. (Ord. 3007 95 (part), 1/15/99; Ord. 2948 95 (part), 2/14/97) F. Sign, Attached - a sign or billboard, lighted or unlighted, directly attached to, supported by, and no more than 2 feet distance from, a building. (Ord. 3007 95 (part), 1/15/99; Ord. 294895 (part), 2/14/97; Ord. 2666 91 (part), 1/17/92; Ord. 170991 (part), 12/22170) G. Sign, Billboard - an outdoor advertising display, structure or sign, over 250 square feet in area, attached or detached, lighted or unlighted. (Ord. 3007 95 (part), 1/15/99; Ord. 294895 (part), 2/14/97; Ord. 2666 91 (part), 1/17/92; Ord. 170991 (part), 12/22170) 158 - 8 - ~ -.. ... ... H. Sign, Business - a sign which directs attention to a business or profession conducted, or to a commodity, service, or entertainment sold or offered, upon the premises on which such sign is located or to which it is affixed. (Ord. 3007 95 (part), 1/15/99; Ord. 2948 95 (part), 2/14/97; Ord. 2666 91 (part), 1/17/92; Ord. 1709 91 (part), 12/22/70) I. Sign, Detached - a sign or billboard, lighted or unlighted, which is separated from and not a part of a building. A sign or billboard on the top of and more than two feet in distance from a building shall be considered a detached sign. (Ord. 3007 95 (part), 1/15/99; Ord. 2948 g5 (part), 2/14/97; Ord. 2666 91 (part), 1/17/92; Ord. 1709 91 (part), 12/22/70) J. Sign, Flashing - a sign which is illuminated by artificial light which is not maintained stationary or constant in intensity and color at all times when such sign is in use. For the purpose ofthis Zoning Code, a revolving illuminated sign shall also be considered a flashing sign. (Ord. 3007 95 (part), 1/15/99; Ord. 294895 (part), 2/14/97; Ord. 2666 91 (part), 1/17/92; Ord.1709 g 1 (part), 12/22/70) K. Sign, Official Traffic, Directional, or Warning - a sign that is erected by a public authority to protect the health, safety and welfare ofthe public. (Ord. 3007 95 (part), 1/15/99; Drd. 294895 (part), 2/14/97; Ord. 2666 91(Part), 1/17/92; Ord. 170991 (part), 12/22/70) L. Sign, Temporary - a sign constructed of cloth, canvas, cardboard, wallboard, or other lightweight material, intended to be displayed for a limited period of time, not to exceed thirty (30) days within a single calendar year, typically advertising a one-time event, unless otherwise specified. (Ord. 300795 (part), 1/15/99; Ord. 294895 (part), 2/14/97; Ord. 266691 (part), 1/17/92; Ord. 1709 91 (part), 12/22/70) M. Single Family Residence - one detached dwelling on an individua110t for occupancy by one family. (Ord. 3007 95 (part), 1/15/99; Ord. 2948 95 (part), 2/14/97; Ord. 2796 ~5, 2/11/94) N. 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. O. Special Use - an administrative conditional 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. ' , fN. Stable, Private Horse - a detached accessory building in which only the horses owned by the occupants of the premises are kept, and in which no horses are kept for hire, remuneration, or sale. (Ord. 3053 91 (part), 6/16/2001; Ord. 3007 95 (part), 1/15/99; Ord. 2948 95 (part), 2/14/97; Ord. 279695,2/11/94; Ord. 2652 91 (part), 9/27/91; Ord. 170991 (part), 12/22170) Qe. Stand - a structure for the display and sale of products, with no space for customers within the structure itself. (Ord. 3007 95 (part), 1/15/99; Ord. 294895 (part), 2/14/97; Ord. 2796 95,2/11/94; Ord. 2652 91 (part), 9/27/91; Ord. 1709 91 (part), 12/22/70) RP. Stealth - relating to siting strategies and technological innovations designed to enhance compatibility with adjacent land uses by designing structures to resemble other features in the surrounding environment. "Stealth" techniques include architecturally screened roof-mounted antennas, antennas integrated into architectural elements, and towers designed to resemble light poles, power poles, flag poles, street standards, steeples, or trees, etc. (Ord. 3089 92 (part), 6/29/2001) .s.~. Story - the space between the floor arid 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. (Ord. 3089 92 (part), 6/29/2001; Ord. 3007 g5 (part), 1/15/99; Ord. 2948 95 (part), 2/14/97; Ord. 2796 95, 2/11/94; Ord. 2652 91 (part), 9/27/91; Ord. 1709 91 (part), 12/22170) IR:. Street - a public right-of-way which affords a primary means of access to abutting property. (Ord. 3089 92 (part), 6/29/2001; Ord. 3007 95 (part), 1/15/99; Ord. 294895 (part), 2/14/97; Ord. 2796 95, 2/11/94; Ord. 2652 9 1 (part), 9/27/91; Ord. 1709 9 1 (part), 12/22170) 1 59 - 9 - ~ Municipal Code are hereby amended by amending PAMC 17.10.010 to readas follows: 17.10.010 Purpose. This is a low density residential zone intended to create and preserve urban single family residential neighborhoods consisting of predominantly single famil~ 'I homes on standard Townsite-size lots. Uses which are compatible with and functionally related td~~ a single family residential environment may also be located in this zone. Because ofland use impacts associated with nonresidential uses. few nonresidential uses are allowed in this zone and then only conditionally. This zone provides the basic urban land use pattern for the City's single family residential neighborhoods. following a standard rectangular streetgrid system of 60-foot rights-of- way [or local access streets and 300-[00t by 500-[00t blocks with 50-[00t by 140-[00t lots and usually located in areas that are largely developed and closer to the center of the City. (Ord. 2861 91 (part), 3/17/95; Ord. 266891 (part), 1/17/92; Ord. 238591 (part), 3/28/86; Ord. 170991 (part), 12/22/70) Section 4. Ordinance 1709 as amended and Chapter 17.11 of the Port Angeles Municipal Code are hereby amended by amending PAMC 17.11.010 to read as follows: 17.11.010 Purpose. This is a low density residential zone intended to create and preserve urban single family residential neighborhoods consisting of predominantly single family homes on larger than standard Townsite-size lots. Uses that are compatible with and functionally related to a single family residential environment may be located in this zone. Because of land use impacts associated with nonresidential uses. few nonresidential uses are allowed in this zone and then only conditionally. This zone provides for a variety in the urban land use pattern for the City's single family residential neighborhoods. following a curvilinear street system of nonthrougr public and private streets with irregular shaped lots. minimum 75-foot front lot lines. and 60-foot rights-of-way for collector arterial streets in large rectangular blocks and usually located in outlying 160 -10- "f .., ~ <. . 'i-~'n:~ i /~:J',~ .. areas with large tracts of vacant buildable land.COrd. 2861 91 (part), 3/17/95; Ord. 2668 91 (part), 1/17/92; Ord. 2385 91 (part), 3/28/86; Ord. 1709 91 (part), 12/22/70) Section 5. Ordinance 1709 as amended and Chapter 17.13 of the Port Angeles Municipal Code are hereby amended by amending PAMC 17.13.010 to read as follows: 17.13.010 PuqJose. This is a medium density residential zone intended for mobile home occupancies, and the area is regarded as essentially residential in character. 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 small lot. single family. mobile home parks. following an irregular urban land use pattern of private access roads and minimum 3500 square foot lots. (Ord. 2861 91 (part), 3/17/95; Ord. 2715 91, 10/16/92; Ord: 266891 (part), 1/17/92; Ord. 170991 (part), 12/22/70)) Section 6. Ordinance 1709 as amended and Chapter 17.14 of the Port Angeles Municipal Code are hereby amended by amending PAMC 17.14.010 to read as follows: 17.14.010 PuqJose. This is a medium density residential zone, which allows a mix of single family, duplexes and apartments at a density greater than single family neighborhoods but less than the RHD Zone. The permitted uses in the RMD Zone are also intended to be more restrictive than the RHD Zone. . Commercial uses are not considered to be compatible. 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. (Ord. 2861 91 (part), 3/17/95; Ord. 2715 91, 10/16/92) Section 7. Ordinance 1709 as amended and Chapter 17.15 of the Port Angeles Municipal Code are hereby amended by amending PAMC 17.15.010 to read as follows: 17.15.010 PuqJose. This is a high density residential zone for multi -family structures. Compatible uses may be allowed on Conditional Use Permits, but the zone is still regarded as a residential area, where commercial enterprises are not generally felt to be compatible. 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. (Ord. 2861 91 (part), 3/17/95; Ord. 2715 91, 10/16/92; Ord. 2668 91 (part), 1/17/92; Ord. 1709 91 (part), 161 -11- t 12/22170) ~' ... Section 8. Ordinance 1709 as amended and Chapter 17.17 of the Port Angeles Municipal Code are hereby amended by amending PAMC 17.17.010 to read as follows: 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 use district is incidental and subordinate to the primary use and is compatible with the residential character of the neighborhood. This special use permit provides allowances for business activities taking place within a resident ial use. (Ord. 3111 93,3/15/2002; Ord. 2948 95 (part) 2/14/97; Ord. 2861 91 (part), 3/17/95; Grd. 271591,10/16/92; Ord. 266891 (part), 1/17/92; Ord. 210392,10/18/80) Section 9. Ordinance 1709 as amended and Chapter 17.18 of the Port Angeles Municipal Code are hereby amended by amending P AMC 17.18.010 to read as follows: 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 ofthe neighborhood and the surrounding residences. This special use provides procedures and regulations for business activities taking place within a residential use. (Ord. 311193,3/15/2002; Ord. 294895 (part) 2/14/97; Ord. 2861 SI (part), 3/17/95; Ord. 2715 Sl, 10/16/92; Ord. 2668 S 1 (part), 1/17/92; Ord. 2483 Sl (part), 3/23/88) Section 10. Ordinance 1709 as amended and Chapter 17.19 of the Port Angeles Municipal Code are hereby amended by amending PAMC 17.19.010 to read as follows: 17.19.010 . Purpose. The pm pose of the. Planned Residential De v c10pment 0 v crlay time This Overlay Zone is to provide alternative zoning regulations which permit and encourage design flexibility, conservation and protection of natural critical areas, and innovation in residential developments to those regulations found in the underlying zone. It is intended that a Planned Residential Development will result in a residential environment of higher quality than traditional lot- by-lot development by use of a design process which includes within the site design all the components of a residential neighborhood, such as open space, circulation, building types, and natural features, in a manner consonant with the public health, safety, and welfare. It is also intended that a Planned Residential Development may combine a number ofland use decisions such as conditional use permits, rezones, and subdivisions into a single project review process to encourage timely public hearings and decisions and to provide for more open space and transitional housing densities than is required or may be permitted between single 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-containecl residential neighborhoods with a variety of housing choices without following a standard systen. of public streets and lot design and with allowances for mixed use. residential and commercial 162 - 12 - '- ... . developments not usually permitted in residential zones. (Ord. 2861 91 (part), 3/17/95; Ord. 2715 91, 10/16/92; Ord. 265791 (part), 12/13/91; Ord. 203891 (part), 7/29/79) Section 11. Ordinance 1709 as amended and Chapter 17.20 of the Port Angeles Municipal Code are hereby amended by amending PAMC 17.20.010 to read as follows: 17.20.010 Purpose. This is a commercial zone intended for those business, office, administrative, or professional uses whichdo 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 use s are allowed. This zone provides the basic urban land use pattern for small lot. transitional uses between residential neighborhoods and commercial districts with direct access on an arterial street and design standards compatible with residential development. (Ord. 2861 S 1 (part), 3/17/95; Ord. 271591,10/16/92; Ord. 2668 91 (part), 1/17/92; Ord. 210992,12/7/80) Section 12. Ordinance 1709 as amended and Chapter 17.21 of the Port Angeles Municipal Code are hereby amended by amending PAMC 17.21.010 to read as follows: 17.21.010 Purpose. This is a commercial zone intended to create and preserve areas for businesses which are of the type providing the goods and services for the day-to-day needs of the surrounding residential neighborhoods. Businesses in this zone shall occur on sites no larger than one acre and shall be located and designed to encourage both pedestrian and vehicular access and to be compatible with adjacent residential neighborhoods. Commercial uses that are largely devoid of any impacts detrimental to multiple 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. (Ord. 2861 91 (part), 3/17/95; Ord. 2715 91, 10/16/92; Ord. 2668 91 (part), 1/17/92; Ord. 2553 1, 12/2/89) Section 13. Ordinance 1709 as amended and Chapter 17.22 of the Port Angeles Municipal Code are hereby amended by amending PAMC 17.22.010 to read as follows: 17.22.010 Purpose. This is a commercial zone oriented primarily to those businesses serving the daily needs of the surrounding residential neighborhoods but is slightly less restrictive than the CN zone and as such provides a transition area from the most restrictive commercial zones to those oflesser 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 1 63 - 13 - .. design standards for greater automobile and truck traffic. (Ord. 2861~ 1 (part), 3/17/95; Ont 'Pf97 ~2, 2/11/94, Ord. 2715 ~1, 10/16/92; Ord. 2668 ~1 (part), 1/17/92; Ord. 1709 ~1 (part), 12/22/70) Section 14. Ordinance 1709 as amended and Chapter 17.23 of the Port Angeles Municipal Code are hereby amended by amending PAMC 17.23.010 to read as follows: 17.23.010 Purpose. This is a commercial zone intended to create and preserve areas for business serving the entire City and needing an arterial location because of the nature of the business or intensity of traffic generated by the business. 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. (Ord. 2861 ~1 (part), 3/17/95; Ord. 2715 ~1, 10/16/92; Ord. 2668 ~r(part), 1/17/92; Ord. 2293 ~1 (part), 4/4/84) Section 15. Ordinance 1709 as amended and Chapter 17.24 of the Port Angeles Municipal Code are hereby amended by amending PAMC 17.24.010 to read as follows: 17.24.010 Purpose. This is a commercial zone intended to strengthen and preserve the area commonly known as the Downtown for major retail, service, financial, and other commercial . operations that serve the entire community, the regional market, and tourists. It is further the purpos\c)",,;;) of this zone to establish standards to improve pedestrian access and amenities and to increase public~;;r enjoyment ofthe 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 density. pedestrian oriented. commercial 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. (Ord. 2861 gl (part), 3/17/95; Ord. 2715 gl, 10/16/92; Ord. 2668 gl (part), 1/17/92; Ord. 2303 g 1 (part), 7/4/84; Ord. 1709 g 1 (part), 12/22170) Section 16. Ordinance 1709 as amended and Chapter 17.26 of the Port Angeles Municipal Code are hereby amended by amending P AMC 17.26.010 to read as follows: 17.26.010 Purpose. The purpose of this Chapter is to ensure that retail stands are appropriately located in the commercial and public building areas, are compatible with the uses allowed in such areas, and are conducive to the public health, safety, and welfare, and to promote the diversity of retail stand activity. This special use provides procedures and regulations for business activities taking place outside a building or on public property. (Ord. 3111 S3, 3/15/2002; Ord. 2948 ~5 (part) 2/14/97; Ord. 2861 S1 (part), 3/17/95; Ord. 2715 S1, 10/16/92; Ord. 2668 g1 (part), 1/17/92; Ord. 2070 g 1 (part), 3/29/80) 164 - 14-