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HomeMy WebLinkAbout2016-08-10 PC Agenda Packet AGENDA PLANNING COMMISSION 321 East Fifth Street August 10, 2016 6:00 p.m. I. CALL TO ORDER Pledge of Allegiance led by Chair II. ROLL CALL III. APPROVAL OF MEETING MINUTES Regular meetings of June 21, 2016 & July 13, 2016 IV. PUBLIC HEARINGS None. V. WORK SESSION/DISCUSSION ITEM 1. Proposed Low Impact Development (LID) Additions to Titles 11, 14, 15, 16 & 17 of the PAMC VI. PLANNING COMMISSION ELECTIONS 1. Nomination and Election of Officers VII. COMMUNICATIONS FROM THE PUBLIC VIII. STAFF REPORTS IX. REPORTS OF COMMISSION MEMBERS X. ADJOURNMENT C OMMUNITY & E CONOMIC DEVELOPMENT MINUTES PLANNING COMMISSION Port Angeles, Washington 98362 June 22, 2016 6:00 p.m. ROLL CALL Members Present: Matt Bailey, Elwyn Gee, Brian Hunter, Duane Morris, John Matthews, Andrew Schwab Members Absent: One Vacancy Staff Present: Ben Braudrick, Heidi Greenwood Public Present: Stephen Fofanoff PLEDGE OF ALLEGIANCE Chair Hunter opened the regular meeting at 6:00 p.m. and led the Pledge of Allegiance. APPROVAL OF MINUTES: Commissioner Schwab moved to approve the Minutes of June 22, 2016 with date corrections. Commissioner Gee Seconded the Motion, and all were in approval. PUBLIC HEARINGS 1. Façade Grant 16-07 Jig and Lure Assistant Planner Ben Braudrick gave a presentation detailing Façade and Sign Grant FSG 16- 07 for Jig and Lure. The Commission discussed the various elements of the application with the Applicant Commissioner Gee made a motion to accept the recommendation of staff and approve façade and sign grant in the amount of $4,500.00. Commissioner Bailey seconded, all were in favor. COMMUNICATIONS FROM THE PUBLIC None REPORTS OF COMMISSION MEMBERS Commissioner Bailey STAFF REPORTS Assistant Planner Braudrick updated the Commissioners on the Comprehensive Plan process and previous night’s Council Meeting. ADJOURNMENT The meeting adjourned at 6:20 p.m. Planning Commission Minutes June 22, 2016 Page 2 Ben Braudrick, Secretary Bryan Hunter, Chair PREPARED BY: Ben Braudrick MINUTES PLANNING COMMISSION Port Angeles, Washington 98362 July 13, 2016 6:00 p.m. ROLL CALL Members Present: Matt Bailey, Elwyn Gee, Brian Hunter, Duane Morris, John Matthews, Andrew Schwab Members Absent: One Vacancy Staff Present: Nathan West, Ben Braudrick Public Present: Kathryn Luck, Judy Darling PLEDGE OF ALLEGIANCE Chair Hunter opened the regular meeting at 6:00 p.m. and led the Pledge of Allegiance. APPROVAL OF MINUTES: Chair Hunter Continued the approval of the June 22, 2016 minutes until the next meeting. PUBLIC HEARINGS 1. Façade Grant 16-06 824 “C” Street Assistant Planner Ben Braudrick gave a presentation detailing Façade and Sign Grant FSG 16- 06 for 824 “C” Street. Commissioner Gee asked the applicant about the lighting. The Applicant responded that there were 4 lights proposed on the front façade of the building. Commissioner Schwab recommended approval of Façade Grant 16-06 in the amount of $5,508.00 for total façade improvements of $11,016.00. Commissioner Matthews seconded, and all were in favor. 2. Façade Grant 16-08 The Metta Room Assistant Planner Braudrick gave a presentation detailing Façade and Sign Grant FSG 16-08 for The Metta Room. Commissioner Bailey expressed concern over several issues with the application, including the orientation of the proposed work not being on the major street, the food truck presented in the application not remaining onsite. Director Nathan West responded that applications in the alley had been approved previously and that staff did not have an issue approving façade work in the alley. The Applicant responded that they have a five year lease and in the event that it was not renewed they would want to move the food truck. A slab would be poured to accommodate the truck and they might move it for occasional events. The food truck has three windows and foot traffic from the alley would be an option. Planning Commission Minutes July 13, 2016 Page 2 Commission Bailey asked about the electrical and plumbing estimates and if they were solely for the food truck. The Applicant responded that they were and would be located underneath the proposed deck. Commissioner Schwab asked about the food truck’s applicability in the grant. Director West responded that hook ups to the food truck may not be eligible, but that improvements to the truck could be eligible. The concern is the mobility of the truck. Chair Hunter recommended that the Commission take the recommendation of Staff. Any requirements would and could be dealt with in the permitting and invoicing process. His own concern was with the lack of itemization of the proposed costs. Commissioner Morris expressed concern that the trailer was quite dislocated from the actual façade structure. Director West reiterated that staff would consider the trailer part of the façade if and only if it remained in place for the five years the agreement would stand. Director West reminded everyone of the genesis of the Façade and Sign Improvement Project. The basis for the program was to improve the public realm. Recognizing that this location fronts a public right of way alley, so the public is benefitted. The second basis is to improve the assessed value of the property receiving the grant, with the intent that if more buildings are improved assessed value on entire blocks or neighborhoods would be raised. Commissioner Matthews didn’t feel the food truck was applicable to the program whether or not it was taken off the axels. He did feel that the plumbing and electrical could be included because some other future owner could use them to put it a permanent kitchen. All other commissioners agreed. Director West recognized that although the budget for electrical was not itemized, that any electrical responsible for exterior lighting would very much be an approved use of funding. The Commission discussed several options with moving forward with the grants approval. Director West responded that, while in discussion with the Port Angeles downtown Association, the intent would be to begin a movement towards alley improvement and pedestrian orientation, and that many more of these applications in downtown alleyways in the future. Knowing that this is the first project in this redevelopment process, it is important that the Commission and Staff get it right. There is an option to approve only project elements not associated with the food trailer, for a full project cost of $13,988.00 and grant amount of $6,994.00 tonight. If the applicant could identify and demonstrate further cost not associated with the food trailer the agreement could be amended at a future date. Commission discussion followed. Commissioner Bailey made a motion to approve façade and sign grant 16-08 in the revised amount of $6,994.00. Commissioner Schwab seconded, all were in favor. Planning Commission Minutes July 13, 2016 Page 3 COMMUNICATIONS FROM THE PUBLIC None REPORTS OF COMMISSION MEMBERS STAFF REPORTS Director West mentioned that Commission elections were overdue. The Commission discussed options with staff and decided to hold elections at the next meeting. Director West made the Commission aware of future Stormwater and Low Impact Development changes to the municipal code as part of the City’s NPDES Stormwater permit that would be presented in a work session in July. ADJOURNMENT The meeting adjourned at 7:10 p.m. Ben Braudrick, Secretary Bryan Hunter, Chair PREPARED BY: Ben Braudrick PAMC Title 11 – Streets, Sidewalks, and Street Trees 1 8/3/2016 City of Port Angeles – Proposed Revisions Name of Document/Code/Policy Reviewed: PAMC Title 11 – Streets, Sidewalks, and Street Trees Section/Page Reference Existing Text Proposed Revisions to Existing Text Preferred Approach Section 11.08.010 Definitions E. "Construction" or "excavation" means the act of opening, excavating, or in any manner disturbing or breaking the surface or foundation of any permanent pavement; the establishment or alteration of any established grade or street; and the maintenance or removal of a sidewalk or crosswalk, pavement, sewers, water mains, street lighting or appurtenances thereto, and the planting or removal of street trees. E. "Construction" or "excavation" means the act of opening, excavating, or in any manner disturbing or breaking the surface of the ground; the establishment or alteration of any established grade or street; and the maintenance or removal of a sidewalk or crosswalk, pavement, sewers, water mains, street lighting or appurtenances thereto, and the planting or removal of street trees. Amend existing language Develop new language No change Provides clarification Section 11.08.130 Additional specifications – sidewalks (Page 8 of 55) Where there is an existing cement concrete curb, any sidewalk installed or repaired in that location shall be constructed only with cement concrete or any equally satisfactory material approved by the City Engineer. Where there is an existing cement concrete curb, any sidewalk installed or repaired in that location shall be constructed only with cement concrete, permeable pavement, or any equally satisfactory material approved by the City Engineer. Amend existing language Develop new language No change Explicitly allows permeable pavement to be used for sidewalks Section 11.08.140 Additional specifications – driveways (Page 8 of 55) A. The maximum single driveway width for lot frontage of 75 feet or less shall not exceed 25 feet at the curb, excluding transitions. B. The maximum single driveway width for lot frontage exceeding 75 feet shall not exceed 30 feet at the curb, excluding transitions. C. The minimum single driveway width shall be 12 feet at the curb, excluding transitions. A. The maximum single driveway width for commercial or multi-family properties lot frontage of 75 feet or less shall not exceed 25 24 feet at the curb, excluding transitions. B. The maximum single driveway width for lot frontage exceeding 75 feet shall not exceed 30 feet at the curb, excluding transitions. The maximum single driveway width for single-family residential properties shall not exceed 18 feet at the curb, excluding transitions. C. The minimum single driveway width shall be 12 10 feet at the curb, excluding transitions. Amend existing language Develop new language No change Minimizes required impervious surfaces Section 11.08.140 Additional specifications – driveways (Page 8 of 55) D. Where two or more adjoining driveways are provided for the same property, a full curb height safety island of not less than 15 feet, at the curb, must be provided. Where two or more adjoining driveways are provided for the same property, a full curb height safety island of not less than 15 feet, at the curb, must be provided. The safety island can be vegetated with grass or landscaping, or planted with trees. If the safety island must be paved, permeable pavement should be used if feasible. Amend existing language Develop new language No change Clarifies that the safety island can be vegetated and that permeable pavement is preferred if vegetation is not used. Section 11.08.140 Additional specifications – driveways (Page 8 of 55) Driveways shall be constructed in accordance with the following specifications: … Driveways shall be constructed in accordance with the following specifications: … I. Two-track driveway designs are allowed and encouraged on private property. Amend existing language Develop new language No change Allows two-track driveway designs as an option for private property Section 11.08.160 Additional specifications – driveways - materials (Page 9 of 55) A. All residential driveways shall be constructed of Class 3000 cement concrete, not less than six inches thick. All residential driveways shall be constructed of pervious concrete per ACI 522.1-13 (preferred); Class 3000 cement concrete, not less than six inches thick; or porous asphalt as specified on a project-by-project basis by the engineer. Amend existing language Develop new language No change Explicitly allows permeable pavement to be used for residential driveways PAMC Title 11 – Streets, Sidewalks, and Street Trees 2 8/3/2016 Section/Page Reference Existing Text Proposed Revisions to Existing Text Preferred Approach Section 11.08.270 Watercourses, sewers, drains – Protection (Page 12 of 55) A. The permittee shall provide for the flow of all watercourses, sewers or drains which are involved in the work, and shall replace the same in as good condition as it found them or shall make such provisions for them as the City Engineer may direct. B. The permittee shall not obstruct the gutter of any street, but shall use all proper measures to provide for the free passage of surface water. C. The permittee shall make provisions to take care of all surplus water, muck, silt, or other runoff pumped or resulting from the work, and shall be responsible for any damages resulting from his failure to so provide. D. The permittee shall manage stormwater impacts associated with construction activities as described in Volume II of the Department of Ecology's SWMMWW (2014). Amend existing language Develop new language No change Adds a reference to Ecology’s erosion and sediment control measures Section 11.08.310 Surface Restoration (Page 13 of 55) Not applicable Add permeable pavement standard detail. Amend existing language Develop new language No change The City plans to develop new standard details for permeable pavement. Detail will be incorporated at a later date. Section 11.08.310 Surface Restoration (Page 13 of 55) Permittee shall compact the backfill to the top of the trench, and shall then notify the City Engineer that the excavation and backfill work is complete. Permittee shall compact the backfill to the top of the trench, and shall then notify the City Engineer that the excavation and backfill work is complete. Pavement shall be patched in accordance with the patching requirements specified in Chapter 3 of the City of Port Angeles Urban Services Standards and Guidelines manual. Amend existing language Develop new language No change Adds a reference to the City’s Urban Services Standards and Guidelines. Section 11.08.350 Noise, dust, and debris restrictions (Page 13 of 55) The permittee shall take appropriate measures to reduce to the fullest extent practicable in the performance of the excavation work noise, dust, and unsightly debris. The permittee shall take appropriate measures to reduce to the fullest extent practicable in the performance of the excavation work noise, dust, and unsightly debris. The permittee shall manage stormwater impacts associated with construction activities as described in Volume II of the Department of Ecology's SWMMWW (2014). Amend existing language Develop new language No change Adds a reference to Ecology’s erosion and sediment control measures. Section 11.12.130 Obstructions – Standards (Page 20 of 55) No tree shall be planted within two feet of any sidewalk or pavement, except as may be otherwise approved. No new tree shall be planted within two three feet of any sidewalk or pavement, except as may be otherwise approved. Amend existing language Develop new language No change Increases setback from sidewalk to allow additional space for tree planting. Clarifies that this requirement applies to new trees, not existing mature trees. PAMC Title 11 – Streets, Sidewalks, and Street Trees 3 8/3/2016 Section/Page Reference Existing Text Proposed Revisions to Existing Text Preferred Approach Section 11.13.050.A Street Trees – General Requirements (Page 23 of 55) A. For new development, redevelopment and land divisions in all zones, street tree requirements are as follows: 1. All trees planted in the right-of-way shall be selected from the list of City approved street trees. The List of Approved Street Trees is established in the Port Angeles Urban Services Standards and Guideline Manual. 2. A Street Tree Planting Plan shall be submitted to and approved by the Community Forester as part of any development permit application. All proposed trees shall be shown on the plan with the species i ndicated. 3. Street trees shall be planted within the public right-of-way in accordance with the details provided in the current Urban Services Standards and Guidelines. 4. The owner shall install the street tree(s) specified on the landscape plan prior to the issuance of final project approval or issuance of certificate of occupancy. Street tree plantings may be delayed between May 1 and October 1. In this case, the owner shall provide an assurance acceptable to the City for any required tree planting. The assurance must be provided prior to approval and acceptance and/or the issuance of a certificate of occupancy. 5. Trees planted in rigid cells are encouraged and preferred in urban areas where feasible. Amend existing language Develop new language No change Encourages rigid cell systems to support vegetation and sufficient soil volumes in urban settings. Section 11.13.050.B Street Trees – General Requirements (Page 23 of 55) 2. Where new street trees cannot be planted due to portions of rights-of-way having been previously paved or otherwise rendered unsuitable to plant trees, a fee-in-lieu of planting may be required. Such fee shall be calculated in accordance with this chapter and be deposited into the Community Forestry Fund. 2. When native tree canopy is removed, trees 4 inches in diameter at breast height shall be replaced with a number of trees equal to the basal area of the removed tree divided by 7.1 (the area in square inches of a 3 inch caliper replacement tree). 23. Where new street trees cannot be planted due to portions of rights-of-way having been previously paved or otherwise rendered unsuitable to plant trees, a fee-in-lieu of planting may is be required in accordance with PAMC 3.70.010. Such fee shall be calculated in accordance with this chapter Amend existing language Develop new language No change Adds proposed tree replacement calculation Section 11.14.100 Administrative provisions (Page 34 & 37 of 55) (d) A network map of existing and proposed facilities to be located within the City, all in sufficient detail to identify: (ii) The specific trees, structures, improvements, facilities and obstructions, if any, that the applicant proposes to temporarily or permanently remove or relocate; and (d) A network map of existing and proposed facilities to be located within the City, all in sufficient detail to identify: (ii) The specific trees, structures, improvements, stormwater facilities/ BMPs, facilities and obstructions, if any, that the applicant proposes to temporarily or permanently remove or relocate; and Amend existing language Develop new language No change Provides clarification PAMC Title 14 – Buildings and Construction 1 8/3/2016 City of Port Angeles – Proposed Revisions Name of Document/Code/Policy Reviewed: PAMC Title 14 – Buildings and Construction Section/Page Reference Existing Text Proposed Revisions to Existing Text Preferred Approach Section 14.01.115 Street Standards for lots without City street access (Page 4 of 52) Prior to issuance of certificates of occupancy or final inspection approval for building permits for lots or parcels without established City street access, street access improvements shall be accomplished in accordance with PAMC 16.08. A. NO CURRENT ACCESS TO LOTS (five or more dwelling units per block). Where there is no current street access, the street that will provide access to, and front, the lots or parcels being developed shall be improved to the minimum City street improvement standards, as set forth in Chapter 16.08 PAMC, in the following circumstances: 1. The development consists of five dwelling units or more within an area fronting on City street right-of-way 500 feet in length or less; 2. The lots or parcels being developed are under common ownership or are part of the same development scheme as determined by the City Planning Director and are being developed within a period of 24 months or less. B. NO CURRENT ACCESS TO LOTS (less than five dwelling units per block). Where there is no current street access, the street that will provide access to, and front, the lots or parcels being developed shall be improved as a gravel access road to the standard approved by the City Engineer, in the following circumstances: 1. The development consists of four dwelling units or less; 2. A consent and non-protest LID agreement is entered into to provide full street improvements, as set forth in 16.08 PAMC, for the block within which the development occurs. C. CURRENT GRAVEL ACCESS. Where there is currently City maintained gravel or bituminous surfacing access as of the effective date of this ordinance as shown on Exhibit A, a consent and non-protest LID agreement shall be entered into to provide full street improvements, as set forth in Chapter 16.08 PAMC, for the block within which the development occurs. D. NO CURRENT GRAVEL ACCESS FOR SINGLE FAMILY RESIDENCES. Where there is no current gravel access for a single lot being developed for a single family residence independent of any other development, a consent and non-protest LID agreement shall be entered into to provide a gravel access road to the standard approved by the City Engineer for the block within which the development occurs. Prior to issuance of certificates of occupancy or final inspection approval for building permits for lots or parcels without established City street access, street access improvements shall be accomplished in accordance with PAMC 16.08. A. NO CURRENT ACCESS TO LOTS (five or more dwelling units per block). Where there is no current street access, the street that will provide access to, and front, the lots or parcels being developed shall be improved to the minimum City street improvement standards, as set forth in Chapter 16.08 PAMC, . Preferred access improvements shall be permeable pavement road and sidewalk to City Standards, if feasible. These requirements apply in the following circumstances: 1. The development consists of five dwelling units or more within an area fronting on City street right-of-way 500 feet in length or less; 2. The lots or parcels being developed are under common ownership or are part of the same development scheme as determined by the City Planning Director and are being developed within a period of 24 months or less. B. NO CURRENT ACCESS TO LOTS (less than five dwelling units per block). Where there is no current street access, the street that will provide access to, and front, the lots or parcels being developed shall be improved as permeable pavement road and sidewalk to City Standards, if feasible. Otherwise, access improvements shall be gravel access road to the standard approved by the City Engineer, . These requirements apply in the following circumstances: 1. The development consists of four dwelling units or less; 2. A consent and non-protest LID Local Improvement District agreement is entered into to provide full street improvements, as set forth in 16.08 PAMC, for the block within which the development occurs. C. CURRENT GRAVEL ACCESS. Where there is currently City maintained gravel or bituminous surfacing access as of the effective date of this ordinance as shown on Exhibit A, a consent and non- protest LID Local Improvement District agreement shall be entered into to provide full street improvements, as set forth in Chapter 16.08 PAMC, for the block within which the development occurs. D. NO CURRENT GRAVEL ACCESS FOR SINGLE FAMILY RESIDENCES. Where there is no current gravel access for a single lot being developed for a single family residence independent of any other development, a consent and non-protest LID agreement shall be entered into to provide an gravel access road to the standard approved by the City Engineer for the block within which the development occurs. Preferred access improvements shall be permeable pavement road and sidewalk to City Standards, if feasible. Otherwise, provide gravel access per City Standards. Amend existing language Develop new language No change Allows and lists permeable pavement (rather than gravel) as the preferred access improvement if feasible. Changes “LID” to Local Improvement District to avoid confusion with Low Impact Development terminology. PAMC Title 14 – Buildings and Construction 2 8/3/2016 Section/Page Reference Existing Text Proposed Revisions to Existing Text Preferred Approach Section 14.40.020 Definitions (Page 42 of 52) 1. "Standard-car parking space" means 153 square feet of parking lot area, eight feet six inches by 18 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. 1. "Standard-car parking space" means 153 144.5 square feet of parking lot area, eight feet six inches by 18 17 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. Amend existing language Develop new language No change Reduces stall depth for a standard- car parking space to 17’ for consistency with the Urban Services Standards and Guidelines. Section 14.40.030 Parking space requirements—Generally (Page 44 of 52) For all land uses there shall be established and maintained permanent off- street parking spaces, either on the zoning lot of the use, or, if the affected property owners and the Community Development Director agree through the execution of an appropriate agreement and easement in a form acceptable to the City Attorney and if appropriate identification signage is provided, within 200 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 either by reference to the number of required parking spaces per Table A or by using one of the alternate methods in subsection C. of this section. … D. If the following criteria are satisfied, then the parking requirements of Table A of subsection A. above may be reduced accordingly. 1. Parking requirements may be reduced in direct ratio for each percentage point of access provided by nonsingle occupant vehicle. 2. Parking requirements may be reduced by ten percent if a bus stop or other mass transit facility is located within 500 feet of the project site. 3. Parking requirements may be reduced in direct ratio for each percentage point of parking provided by cooperative parking agreement per Section 14.40.080 For all land uses there shall be established and maintained permanent off-street parking spaces, either on the zoning lot of the use, or, if the affected property owners and the Community Development Director agree through the execution of an appropriate agreement and easement in a form acceptable to the City Attorney and if appropriate identification signage is provided, within 200 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 either by reference to the number of required parking spaces per Table A or by using one of the alternate methods in subsection C. of this section. … D. If the following criteria are satisfied, then the parking requirements of Table A of subsection A. above may be reduced accordingly. … 4. Parking requirements may be reduced by twenty-five percent to allow for incorporation of LID facilities into the parking lot design. Amend existing language Develop new language No change Allows for reduced parking requirements if LID facilities are included. Section 14.40.030 Parking space requirements—Generally (Page 44 of 52) For all land uses there shall be established and maintained permanent off- street parking spaces, either on the zoning lot of the use, or, if the affected property owners and the Community Development Director agree through the execution of an appropriate agreement and easement in a form acceptable to the City Attorney and if appropriate identification signage is provided, within 200 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 either by reference to the number of required parking spaces per Table A or by using one of the alternate methods in subsection C. of this section. … For all land uses there shall be established and maintained permanent off-street parking spaces, either on the zoning lot of the use, or, if the affected property owners and the Community Development Director agree through the execution of an appropriate agreement and easement in a form acceptable to the City Attorney and if appropriate identification signage is provided, within 200 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 either by reference to the number of required parking spaces per Table A or by using one of the alternate methods in subsection C. of this section. … E. The parking area shall comply with landscaping requirements for parking lots in accordance with PAMC Title 17. Amend existing language Develop new language No change Adds a reference to Title 17 landscaping requirements PAMC Title 14 – Buildings and Construction 3 8/3/2016 Section/Page Reference Existing Text Proposed Revisions to Existing Text Preferred Approach Section 14.40.120 Improvement of parking spaces (Page 46 of 52) 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 and Utilities. 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. The Director of Public Works and Utilities may allow for an exception to hard-surface pavement for developments in the Industrial Heavy Zone, provided that adverse impacts to stormwater drainage, surrounding properties, and public infrastructure are mitigated to the extent the Director deems reasonably necessary and appropriate. 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 permeable pavement with a structurally adequate base, portland cement concrete, asphaltic concrete with a structurally adequate base, or other hard-surface pavement acceptable to the Director of Public Works and Utilities. Pervious concrete shall be the preferred surface, if feasible. 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 and adjacent trees, landscaped areas, or low impact development facilities. The Director of Public Works and Utilities may allow for an exception to hard-surface pavement for developments in the Industrial Heavy Zone, provided that adverse impacts to stormwater drainage, surrounding properties, and public infrastructure are mitigated to the extent the Director deems reasonably necessary and appropriate. Amend existing language Develop new language No change Explicitly states that permeable pavement is an acceptable material for parking lots. Allows wheel stops to be used to prevent encroachment on LID facilities, trees, and landscaped areas. Section 14.40 Parking Requirement Table “A” (Page 49 of 52) PARKING REQUIREMENT TABLE "A"  Bowling alleys - Six parking spaces for each alley PARKING REQUIREMENT TABLE "A"  Bowling alleys - Six Two and one half (2.5) parking spaces (minimum) to four (4) parking spaces (maximum) for each alley. Amend existing language Develop new language No change Reduces parking requirements for bowling alleys PAMC Title 15 – Environment 1 8/3/2016 City of Port Angeles - Proposed Revisions Name of Document/Code/Policy Reviewed: PAMC Title 15 – Environment Note: SMP revisions will not be made until the next scheduled SMP update. None of the proposed text currently restricts the use of LID. Future revisions are intended to promote the incorporation of LID techniques and BMPs. Section/Page Reference Existing Text Proposed Revisions to Existing Text Preferred Approach Chapter 2 (Environmental Designation Provisions and Regulations) of SMP (Page 30 & 34 of 241) 1. c. Management Policies. 1. In regulating uses in the High-Intensity Industrial Environment, first priority should be given to water-dependent industrial uses. Second priority should be given to water-related industrial uses. Non-water-oriented uses should not be allowed except for: 1) as part of mixed-use developments that combine water- dependent and non-water-oriented uses; or 2) in existing developed areas in support of water-dependent uses. Non-water-oriented uses may also be allowed in limited situations on sites where there is no direct access to a shoreline with navigable waters. 2. New development, redevelopment, and uses should include the protection and/or restoration of shoreline ecological functions, with particular emphasis on habitat for priority species and environmental cleanup. 3. Visual and physical public access should be required as part of any development where there is both a public benefit and no security or use conflicts, as provided for in SMP Chapter 3, section 8 - Public Access. 4. Pedestrian, bicycle and vehicular routes should be preserved and provided through these segments to public access points such as Ediz Hook, or to public access points that may be developed within these segments. 5. Sign control regulations, appropriate development siting and screening, building bulk and height restrictions and maintenance of visual buffers should be considered with development or redevelopment to improve the aesthetic quality of the shoreline. 6. Redevelopment including ecological restoration of substandard and degraded urban shoreline areas and removal of obsolete structures is encouraged. Such redevelopment, which may occur through regulatory or capital improvement measures, should consider accommodation of future water-oriented uses. 1. c. Management Policies. 1. In regulating uses in the High-Intensity Industrial Environment, first priority should be given to water-dependent industrial uses. Second priority should be given to water-related industrial uses. Non-water-oriented uses should not be allowed except for: 1) as part of mixed-use developments that combine water-dependent and non-water-oriented uses; or 2) in existing developed areas in support of water-dependent uses. Non-water-oriented uses may also be allowed in limited situations on sites where there is no direct access to a shoreline with navigable waters. 2. New development, redevelopment, and uses should include the protection and/or restoration of shoreline ecological functions, with particular emphasis on habitat for priority species and environmental cleanup. 3. Visual and physical public access should be required as part of any development where there is both a public benefit and no security or use conflicts, as provided for in SMP Chapter 3, section 8 - Public Access. 4. Pedestrian, bicycle and vehicular routes should be preserved and provided through these segments to public access points such as Ediz Hook, or to public access points that may be developed within these segments. 5. Sign control regulations, appropriate development siting and screening, building bulk and height restrictions and maintenance of visual buffers should be considered with development or redevelopment to improve the aesthetic quality of the shoreline. 6. Redevelopment including ecological restoration of substandard and degraded urban shoreline areas and removal of obsolete structures is encouraged. Such redevelopment, which may occur through regulatory or capital improvement measures, should consider accommodation of future water-oriented uses. 7. LID techniques and BMPs shall be incorporated into the design of shoreline areas to improve, maintain, and rehabilitate shoreline conditions, where feasible. Amend existing language Develop new language No change Adds a policy on LID techniques and BMPs for development and redevelopment projects. Chapter 2 (Environmental Designation Provisions and Regulations) of SMP (Page 37 of 241) 3. c. Management Policies. 1. Uses in the High-Intensity Urban Uplands Environment should be limited to those that do not conflict with water-oriented activities and public access on the shoreline. 2. New development should not substantially diminish visual and physical public access. 3. Comfortable and attractive pedestrian, bicycle and vehicular routes should be provided through shorelands with this designation to public access points by utilizing measures such as street and pathway improvements. Development should improve the aesthetic qualities of shorelands in this environment and consider views from public properties and adjacent residences. 3. c. Management Policies. 1. Uses in the High-Intensity Urban Uplands Environment should be limited to those that do not conflict with water-oriented activities and public access on the shoreline. 2. New development should not substantially diminish visual and physical public access. 3. Comfortable and attractive pedestrian, bicycle and vehicular routes should be provided through shorelands with this designation to public access points by utilizing measures such as street and pathway improvements. Development should improve the aesthetic qualities of shorelands in this environment and consider views from public properties and adjacent residences. 4. LID techniques and BMPs shall be incorporated into the design of shoreline areas to improve, maintain, and rehabilitate shoreline conditions, where feasible. Amend existing language Develop new language No change Adds a policy on LID techniques and BMPs for development and redevelopment projects. PAMC Title 15 – Environment 2 8/3/2016 Section/Page Reference Existing Text Proposed Revisions to Existing Text Preferred Approach Chapter 2 (Environmental Designation Provisions and Regulations) of SMP (Page 38 of 241) 4. c. Management Policies 1. Development in the High-Intensity Mixed-Use Environment should be managed so that it enhances and maintains the shorelines for public access and a variety of urban uses. Priority should be given to water-oriented uses. 2. All new development should provide public access or otherwise enhance the public's enjoyment of the shoreline. 3. New development should protect and, where feasible, restore shoreline ecological functions. Restoration should be emphasized on Ennis Creek in segment O, on creating habitat for priority species, and on environmental cleanup. 4. Visual access to the water and aesthetics should be considered in establishing height and bulk limits for new development. 5. Comfortable and attractive pedestrian, bicycle and vehicular routes should be provided to public access points. 6. Development in shoreline areas should be compatible with surrounding uses, the level of infrastructure and services available, and other comprehensive planning considerations. 4. c. Management Policies 1. Development in the High-Intensity Mixed-Use Environment should be managed so that it enhances and maintains the shorelines for public access and a variety of urban uses. Priority should be given to water-oriented uses. 2. All new development should provide public access or otherwise enhance the public's enjoyment of the shoreline. 3. New development should protect and, where feasible, restore shoreline ecological functions. Restoration should be emphasized on Ennis Creek in segment O, on creating habitat for priority species, and on environmental cleanup. 4. Visual access to the water and aesthetics should be considered in establishing height and bulk limits for new development. 5. Comfortable and attractive pedestrian, bicycle and vehicular routes should be provided to public access points. 6. Development in shoreline areas should be compatible with surrounding uses, the level of infrastructure and services available, and other comprehensive planning considerations. 7. LID techniques and BMPs shall be incorporated into the design of shoreline areas to improve, maintain, and rehabilitate shoreline conditions, where feasible. Amend existing language Develop new language No change Adds a policy on LID techniques and BMPs for development and redevelopment projects. Chapter 2 (Environmental Designation Provisions and Regulations) of SMP (Page 41 of 241) 5. c. Management Policies. 1. Uses in the Urban Conservancy-Low Intensity Environment should be limited to those which do not substantially degrade ecological functions or the natural character of the shoreline area. Development and uses that would substantially degrade or permanently deplete habitat or the physical or biological resources of the area should not be allowed. 2. Rehabilitation of existing degraded shoreline conditions, including habitat enhancement and environmental cleanup, is a preferred action. 3. Activities or uses that that include significant shoreline vegetation removal, would cause substantial erosion or sedimentation, or adversely affect wildlife or aquatic life should not be allowed. 5. c. Management Policies. 1. Uses in the Urban Conservancy-Low Intensity Environment should be limited to those which do not substantially degrade ecological functions or the natural character of the shoreline area. Development and uses that would substantially degrade or permanently deplete habitat or the physical or biological resources of the area should not be allowed. 2. Rehabilitation of existing degraded shoreline conditions, including habitat enhancement and environmental cleanup, is a preferred action. 3. Activities or uses that that include significant shoreline vegetation removal, would cause substantial erosion or sedimentation, or adversely affect wildlife or aquatic life should not be allowed. 4. LID techniques and BMPs shall be incorporated into the design of shoreline areas to improve, maintain, and rehabilitate shoreline conditions, where feasible. Amend existing language Develop new language No change Adds a policy on LID techniques and BMPs for development and redevelopment projects. Chapter 2 (Environmental Designation Provisions and Regulations) of SMP (Page 47 of 241) 6. c. Management Policies. 1. Water-oriented recreational uses, public access and cultural or educational uses are preferred over non-water-oriented uses. Water-dependent recreational uses should be given highest priority. 2. Commercial activities specifically supporting or catering to the public's use or enjoyment of publicly accessible shorelines, such as food and beverage or boating concessions, may be allowed. 3. Water-dependent and water-enjoyment recreation facilities compatible with the protection of ecological functions, such as boating facilities, angling, wildlife viewing, trails and swimming beaches, are preferred uses, provided significant ecological impacts to the shoreline are avoided or mitigated. 4. During development and redevelopment, efforts should be taken to restore ecological functions. 5. The continuity of trail systems, including the Olympic Discovery/Waterfront Trail, should be maintained. Improvements that provide greater access and safety along the trail system are encouraged. 6. c. Management Policies. 1. Water-oriented recreational uses, public access and cultural or educational uses are preferred over non-water-oriented uses. Water-dependent recreational uses should be given highest priority. 2. Commercial activities specifically supporting or catering to the public's use or enjoyment of publicly accessible shorelines, such as food and beverage or boating concessions, may be allowed. 3. Water-dependent and water-enjoyment recreation facilities compatible with the protection of ecological functions, such as boating facilities, angling, wildlife viewing, trails and swimming beaches, are preferred uses, provided significant ecological impacts to the shoreline are avoided or mitigated. 4. During development and redevelopment, efforts should be taken to restore ecological functions. 5. The continuity of trail systems, including the Olympic Discovery/Waterfront Trail, should be maintained. Improvements that provide greater access and safety along the trail system are encouraged. 6. LID techniques and BMPs shall be incorporated into the design of shoreline areas to improve, maintain, and rehabilitate shoreline conditions, where feasible. Amend existing language Develop new language No change Adds a policy on LID techniques and BMPs for development and redevelopment projects. PAMC Title 15 – Environment 3 8/3/2016 Section/Page Reference Existing Text Proposed Revisions to Existing Text Preferred Approach Chapter 2 (Environmental Designation Provisions and Regulations) of SMP (Page 47 of 241) 7. c. Management Policies. 1. Development standards in the Shoreline Residential Environment should protect shoreline ecological functions, taking into account the environmental limitations and sensitivity of the shoreline area, the level of infrastructure and services available, and other comprehensive planning considerations. 2. Passive water-oriented recreational uses and public access should be allowed where feasible and where they do not cause significant ecological impacts. 3. Standards for new residential use, development, and redevelopment should protect human safety and ensure that new development will not require structural shoreline stabilization or flood protection during the projected lifetime of the development. 7. c. Management Policies. 1. Development standards in the Shoreline Residential Environment should protect shoreline ecological functions, taking into account the environmental limitations and sensitivity of the shoreline area, the level of infrastructure and services available, and other comprehensive planning considerations. 2. Passive water-oriented recreational uses and public access should be allowed where feasible and where they do not cause significant ecological impacts. 3. Standards for new residential use, development, and redevelopment should protect human safety and ensure that new development will not require structural shoreline stabilization or flood protection during the projected lifetime of the development. 4. LID techniques and BMPs shall be incorporated into the design of shoreline areas to improve, maintain, and rehabilitate shoreline conditions, where feasible. Amend existing language Develop new language No change Adds a policy on LID techniques and BMPs for development and redevelopment projects. Chapter 3 (General Policies and Regulations) of SMP (Page 58 of 241) 1.C.8.f. Utilizes effective erosion control methods during both project construction and operation. 1.C.8.f. Utilizes effective erosion control methods during both project construction and operation in accordance with Volume II – Construction Stormwater Pollution Prevention of the Department of Ecology's SWMMWW (2014), or most recent update. Amend existing language Develop new language No change Adds a reference to Ecology’s erosion and sediment control measures. Chapter 3 (General Policies and Regulations) of SMP (Page 60 of 241) 3. b. 2. Locate and design shoreline uses and development to minimize risks to people, property, and critical areas associated with geologically hazardous areas and frequently flooded areas. 3. b. 2. Locate and design shoreline uses and development to minimize risks to people, property, and critical areas associated with geologically hazardous areas and frequently flooded areas. Non- infiltrating LID techniques shall be incorporated into the design of shoreline areas to minimize flooding in critical areas, where feasible. Amend existing language Develop new language No change Promotes non-infiltrating LID BMPs to minimize flooding in critical areas, where feasible. Chapter 3 (General Policies and Regulations) of the SMP (Page 72 of 241) 9.b.5. Increase public access to publicly owned areas of the shoreline. a. Give priority to developing paths and trails to shoreline areas and linear access along the shorelines. 9. b. 5. Increase public access to publicly owned areas of the shoreline. a. Give priority to developing paths and trails to shoreline areas and linear access along the shorelines. New and replaced trail surfaces shall use permeable materials, where feasible. Amend existing language Develop new language No change Requires new and replaced trail surfaces to be permeable where feasible. Chapter 3 (General Policies and Regulations) of SMP 12. Vegetation Conservation b. Policies (Page 75 of 241) 12. b. 3. New development, including clearing and grading, should minimize significant vegetation removal in shoreline jurisdiction to the greatest extent feasible. Vegetation removal should be limited to the minimum necessary to accommodate the authorized use or development. When vegetation removal cannot be avoided, it should be mitigated to ensure no net loss of shoreline ecological functions. 12. b. 3. New development, including clearing and grading, should minimize significant vegetation removal in shoreline jurisdiction to the greatest extent feasible. Vegetation removal should be limited to the minimum necessary to accommodate the authorized use or development. When vegetation removal cannot be avoided, it should be mitigated to ensure no net loss of shoreline ecological functions. When native tree canopy is removed, replacement trees may be required in accordance with PAMC 11.13.050. Amend existing language Develop new language No change Adds reference to PAMC 11.13.050 tree replacement ratio calculation. Chapter 5 (Shoreline Use Provisions) of the SMP (Page 109 of 241) 7. b. 5. Recreation facilities should be integrated and linked with linear systems, such as hiking paths, bicycle paths, easements and scenic drives. Of special importance is the Olympic Discovery/Waterfront Trail. Safety improvements and recreational enhancements to the Olympic Discovery/Waterfront Trail should be pursued as recommended in the Harbor Resources Management Plan. 7. b. 5. Recreation facilities should be integrated and linked with linear systems, such as hiking paths, bicycle paths, easements and scenic drives. Of special importance is the Olympic Discovery/Waterfront Trail. Safety improvements and recreational enhancements to the Olympic Discovery/Waterfront Trail should be pursued as recommended in the Harbor Resources Management Plan. New and replaced path and trail surfaces shall use permeable materials where feasible. Amend existing language Develop new language No change Requires new and replaced path and trail surfaces to be permeable where feasible. PAMC Title 15 – Environment 4 8/3/2016 Section/Page Reference Existing Text Proposed Revisions to Existing Text Preferred Approach Chapter 5 (Shoreline Use Provisions) of the SMP (Page 112 of 241) 9.b.2. Pedestrian trails and bicycle paths should be encouraged in the shoreline jurisdiction and should be constructed in a manner compatible with the natural character, resources, and ecology of the shoreline. Roadway improvements should include provisions for bicycle and pedestrian movement. 9.b.2. Pedestrian trails and bicycle paths should be encouraged in the shoreline jurisdiction and should be constructed in a manner compatible with the natural character, resources, and ecology of the shoreline. New and replaced paths shall use permeable materials where feasible. Roadway improvements should include provisions for bicycle and pedestrian movement. Amend existing language Develop new language No change Requires new and replaced path surfaces to be permeable where feasible Chapter 5 (Shoreline Use Provisions) of SMP (Page 113 of 241) 13. Vegetated shoreline areas disturbed by construction or maintenance of transportation facilities shall be replanted and stabilized with native vegetation immediately upon completion of the construction or maintenance activity. Replacement vegetation shall be maintained by the party responsible for maintenance of the transportation facility or the property owner, as appropriate. 13. Vegetated shoreline areas disturbed by construction or maintenance of transportation facilities shall be replanted and stabilized with native vegetation immediately upon completion of the construction or maintenance activity. When native tree canopy is removed, replacement trees may be required in accordance with PAMC 11.13.050. Replacement vegetation shall be maintained by the party responsible for maintenance of the transportation facility or the property owner, as appropriate Amend existing language Develop new language No change Adds reference to PAMC 11.13.050 tree replacement ratio calculation. Chapter 6 (Definitions) of SMP (Page 124 of 241) Runoff. Water that is not absorbed into the soil but rather flows along the ground surface following the topography. Runoff. Water that travels across is not absorbed into the soil but rather flows along the land ground surface and discharges to water bodies either directly or through a collection and conveyance system. See also “Stormwater.” following the topography. Amend existing language Develop new language No change Updated definition Stormwater. That portion of precipitation that does not normally percolate into the ground or evaporate but flows via overland flow, interflow, channels, or pipes into a defined surface water channel or constructed infiltration facility. Stormwater. That portion of Runoff during and following precipitation and snowmelt events, including surface runoff, drainage or interflow. that does not normally percolate into the ground or evaporate but flows via overland flow, interflow, channels, or pipes into a defined surface water channel or constructed infiltration facility. Amend existing language Develop new language No change Updated definition Wetland or wetlands. Areas that are inundated or saturated by surface water or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. Wetlands do not include those artificial wetlands intentionally created from non-wetland sites, including, but not limited to, irrigation and drainage ditches, grass-lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds, and landscape amenities, or those wetlands created after July 1, 1990, that were unintentionally created as a result of the construction of a road, street or highway. Wetlands may include those artificial wetlands intentionally created from non-wetland areas created to mitigate conversion of wetlands. Wetland or wetlands. Areas that are inundated or saturated by surface water or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. Wetlands do not include those artificial wetlands intentionally created from non-wetland sites, including, but not limited to, irrigation and drainage ditches, grass-lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds, and landscape amenities, or those wetlands created after July 1, 1990, that were unintentionally created as a result of the construction of a road, street or highway. Wetlands may include those artificial wetlands intentionally created from non-wetland areas created to mitigate the conversion of wetlands. Amend existing language Develop new language No change Updated definition Section 15.20.070 Development Standards (Page 186 of 241) B.6.c. Remove by thinning more than 25% of the live crown of a tree in any five- year period. B.6.c. Remove with appropriate and/or acceptable pruning practices by thinning more than 25% of the live crown of a tree in over any five-year period. Pruning shall be in support of maintaining tree health and vigor and shall be in accordance with ANSI A300. Tree topping is not an acceptable pruning practice. Amend existing language Develop new language No change Modifies language to describe appropriate pruning. PAMC Title 15 – Environment 5 8/3/2016 Section/Page Reference Existing Text Proposed Revisions to Existing Text Preferred Approach Section 15.20.070 Development Standards (Page 186 of 241) B.6.d. Include felling, topping, or removal of trees The landowner shall replace any trees that are felled or topped with new trees at a ratio of two replacement trees for each tree felled or topped (2:1) within one (1) year in accordance with an approved restoration plan. Tree species that are native and indigenous to the site with a minimum caliper of two inches shall be used for replacement; B.6.d. Include felling, topping, or removal of trees The landowner shall replace any trees that are felled or topped in accordance with PAMC 11.13.050. with new trees at a ratio of two replacement trees for each tree felled or topped (2:1) within one (1) year in accordance with an approved restoration plan. Tree species that are native and indigenous to the site with a minimum caliper of two inches shall be used for replacement; Amend existing language Develop new language No change Adds reference to tree replacement calculation. Section 15.20.080 Development exceptions (Page 189 of 241) A.4. Vegetation management practices may allow the following: a. Nondestructive pruning and trimming of vegetation for maintenance purposes; b. Thinning of limbs of individual trees to provide for viewshed enhancement; or c. Removal of nonnative vegetation and replacement with native vegetation; provided that increased erosion, landslide, or other adverse impacts to the environmentally sensitive areas do not result. A.4. Vegetation management practices may allow the following: a. Nondestructive pruning and trimming of vegetation for maintenance purposes. Tree topping is considered a destructive trimming practice; b. Thinning of limbs of individual trees to provide for viewshed enhancement that will not harm tree health and vigor; or c. Removal of nonnative vegetation and replacement with native vegetation; provided that increased erosion, landslide, or other adverse impacts to the environmentally sensitive areas do not result. Amend existing language Develop new language No change Modifies language to describe appropriate pruning. Section 15.20.080 Development exceptions (Page 190 of 241) D.2. Trails and related facilities shall be planned to minimize removal of trees, shrubs, snags and important wildlife habitat; D.2. Trails and related facilities shall be planned to minimize removal of trees, shrubs, snags and important wildlife habitat. When native tree canopy is removed, replacement trees may be required in accordance with PAMC 11.13.050. Amend existing language Develop new language No change Adds reference to PAMC 11.13.050 tree replacement ratio calculation. Section 15.20.080 Development exceptions (Page 190 of 241) D. Trails and trail-related facilities. Public and private trails and trail-related facilities, such as picnic tables, benches, interpretive centers and signs, and viewing platforms shall be allowed, but use of impervious surface shall be minimized. Trails and trail-related facilities shall be avoided within stream channels. The Director of Community and Economic Development may approve such trails and facilities only when he/she determines that there is no practicable or reasonable upland alternative. Trail planning, construction and maintenance shall adhere to the following additional criteria: … 3. Trail construction and maintenance shall follow the U.S. Forest Service "Trails Management Handbook" (FSH 2309.18, June 1987) and "Standard Specifications for Construction of Trails" (EM-7720-102, June 1984) as may be amended, or trail standards adopted by the City of Port Angeles; … 5. Trails and related facilities shall provide water quality protection measures to assure that runoff from them does not directly discharge to wetlands or streams; and 6. Within buffers, trails and trail-related facilities shall be aligned and constructed to minimize disturbance to stream functions and values. D. Trails and trail-related facilities. Public and private trails and trail-related facilities, such as picnic tables, benches, interpretive centers and signs, and viewing platforms shall be allowed, but use of impervious surface shall be minimized. Trails and trail-related facilities shall be avoided within stream channels. The Director of Community and Economic Development may approve such trails and facilities only when he/she determines that there is no practicable or reasonable upland alternative. Trail planning, construction and maintenance shall adhere to the following additional criteria: … 3. Trail construction and maintenance shall follow the U.S. Forest Service "Trails Management Handbook" (FSH 2309.18, June 1987October 2008) and "Standard Specifications for Construction of Trails" (EM-7720-1023, June 1984September 1996) as may be amended, or trail standards adopted by the City of Port Angeles; … 5. Trails and related facilities shall provide water quality protection measures to assure that runoff from them does not directly discharge to wetlands or streams; and 6. Within buffers, trails and trail-related facilities shall be aligned and constructed to minimize disturbance to stream functions and values.; 7. In areas where impervious paths and trails are used, permeable pavement shall be used where feasible. All permeable trails must have a maintenance plan. Amend existing language Develop new language No change Updates references. Requires paths to be permeable where feasible. PAMC Title 15 – Environment 6 8/3/2016 Section/Page Reference Existing Text Proposed Revisions to Existing Text Preferred Approach Section 15.24.050 Regulated activities and allowed activities (Page 206 of 241) A.8. Activities that result in a significant change of water temperature, a significant change of physical or chemical characteristics of wetlands water sources, including quantity, or the introduction of pollutants. Stormwater discharges from stormwater facilities or structures may be allowed when they are in accordance with City of Port Angeles' stormwater plan. The discharge shall not significantly increase or decrease the rate of flow and/or hydroperiod, nor decrease the water quality of the wetland. Pre-treatment of surface water discharge through biofiltration or other best management practices (BMPs) shall be required. A.8. Activities that result in a significant change of water temperature, a significant change of physical or chemical characteristics of wetlands water sources, including quantity, or the introduction of pollutants. Stormwater discharges from stormwater facilities or structures may be allowed when they are in accordance with City of Port Angeles' stormwater plan. In accordance with Appendix I-D of the Department of Ecology’s SWMMWW (2014), Tthe discharge shall not significantly increase or decrease the rate of flow and/or hydroperiod, nor decrease the water quality of the wetland. Pre-treatment of surface water discharge through biofiltration or other best management practices (BMPs) shall be required. Bioretention cells and swales, and conversion of existing drainage ditches to bioretention cells and swales within the outer 25 percent of a wetland buffer may be allowed if designed in accordance with Department of Ecology's SWMMWW (2014). Amend existing language Develop new language No change Adds SWMMWW reference. Allows bioretention cells and swales in the outer 25 percent of a wetland buffer. Section 15.24.070 Standards for permit decisions C. Wetland Buffers (Page 213 of 241) 5. When applicable the order of sequence for buffer reductions shall be as follows: a. Use of buffer averaging maintaining 100 percent of the buffer area under the standard buffer requirement: b. Reduction of the overall buffer area by no more than 25 percent of the area required under the standard buffer requirement; c. Enhancement of existing degraded buffer area and replanting of the disturbed buffer area; d. Infiltration of stormwater where soils permit; e. Retention of existing native vegetation on other portions of the site in order to offset habitat loss from buffer reduction. 5. When applicable the order of sequence for buffer reductions shall be as follows: a. Use of buffer averaging maintaining 100 percent of the buffer area under the standard buffer requirement:; b. Reduction of the overall buffer area by no more than 25 percent of the area required under the standard buffer requirement; c. Enhancement of existing degraded buffer area and replanting of the disturbed buffer area; d. Use of LID BMPs and/or iInfiltration of stormwater where soils permit; e. Retention of existing native vegetation on other portions of the site in order to offset habitat loss from buffer reduction. Amend existing language Develop new language No change Adds LID BMPs to this list Section 15.24.070 Standards for permit decisions C. Wetland Buffers (Page 214 of 241) 7. a. i. Lawns, landscaping, orchards, and gardens shall be allowed within the outer 25 percent of the buffer width where no reasonable alternative is available. No structure other than fences nor any impervious surface shall be included in the above. 7. a. i. Lawns, landscaping, orchards, and gardens shall be are only allowed within the outer 25 percent of the buffer width where no reasonable alternative is available other area within a property is available to accommodate these land uses. Native vegetation shall be protected within wetland buffers to the maximum extent practicable. No structure other than fences nor any impervious surface shall be included in the above. Amend existing language Develop new language No change Provides clarification and adds language to protect native vegetation. Section 15.24.070 Standards for permit decisions C. Wetland Buffers (Page 214 of 241) 7.b. Activities having minimal adverse impacts on buffers and no adverse impacts on regulated wetlands. These include low intensity, passive recreational activities such as pervious trails, nonpermanent wildlife watching blinds, and scientific or educational activities. Trails within buffers shall be designed to minimize impacts to the wetland, and shall not include any impervious surfaces. 7.b. Activities having minimal adverse impacts on buffers and no adverse impacts on regulated wetlands may be allowed. These include low intensity, passive recreational activities such as pervious trails, nonpermanent wildlife watching blinds, and scientific or educational activities. Trails within buffers shall be designed to minimize impacts to the wetland, and shall not include any impervious surfaces wildlife viewing and hiking. Amend existing language Develop new language No change Revises list of activities to remove activities that may be harmful to wetland buffers and wetlands. Section 15.24.070 Standards for permit decisions C. Wetland Buffers (Page 214 of 241) 7.c. Within the buffers of Category III and IV wetlands only, vegetation-lined swales designed for stormwater management or conveyance when topographic restraints determine there are no other upland alternative location. Swales used for detention purposes may only be placed in the outer 25 percent of the buffer. Conveyance swales may be placed through the buffer, if necessary. 7.c. Within the buffers of Category III and IV wetlands only, vegetation-lined swales and LID BMPs designed for stormwater management or conveyance when topographic restraints determine there are no other upland alternative location. Swales, LID BMPs, and any stormwater discharges from the swales/BMPs used for detention purposes may only be placed in the outer 25 percent of the buffer. Conveyance swales may be placed through the buffer, if necessary must also protect wetland functions in accordance with Appendix I-D of the Department of Ecology’s SWMMWW (2014). Amend existing language Develop new language No change Provides clarification regarding what is allowed in the buffer. PAMC Title 15 – Environment 7 8/3/2016 Section/Page Reference Existing Text Proposed Revisions to Existing Text Preferred Approach Section 15.28.030 – Clearing and grading permit required (Page 231 of 241) A. No person, corporation, or other legal entity shall make changes or cause changes to be made in the surface of any land by clearing, grading, filling, or drainage alteration in the City without having first obtained a valid clearing and grading permit from the City Engineer; except for those activities that are exempt as described in section 15.28.040. A clearing and grading permit is required prior to any of the following: 1. Any clearing, filling, excavation, or grading in an environmentally sensitive area, critical area, or critical area buffer. 2. Land disturbance of one acre or more. See the Urban Services Standards and Guidelines, Section 6.02.1 for sites under one acre. 3. Fill and/or excavation of 100 cubic yards or more, even if the excavated material is used as fill on the same site. [Quantities of fill and excavation are calculated separately and then added together to determine the total quantity for the site.]* *Correction made to conform with Ordinance 3367. 4. Clearing or grading that will likely penetrate the groundwater table, including the construction of ponds and reservoirs. 5. An excavation which is more than five feet in depth or which creates a cut slope greater than five feet in depth or which creates a cut slope greater than five feet in height and steeper than two units horizontal in one unit vertical (2:1). 6. Any re-grading or paving on an area used for stormwater retention or detention or alteration of an existing drainage course. 7. Any proposal to remove a tree or reduce the live crown of any tree by more than 25%, in any five-year period, that is required to be preserved by City Code, plat condition, or other requirement. A. No person, corporation, or other legal entity shall make changes or cause changes to be made in the surface of any land by clearing, grading, filling, or drainage alteration in the City without having first obtained a valid clearing and grading permit from the City Engineer; except for those activities that are exempt as described in section 15.28.040. A clearing and grading permit is required prior to any of the following: 1. Any clearing, filling, excavation, or grading in an environmentally sensitive area, critical area, or critical area buffer. 2. Land disturbance of one acre 7,000 square feet or more. See the Urban Services Standards and Guidelines, Section 6.02.1 for sites under one acre. 3. Projects that result in 2,000 square feet or more of new plus replaced hard surfaces. 43. Fill and/or excavation of 100 cubic yards or more, even if the excavated material is used as fill on the same site. [Quantities of fill and excavation are calculated separately and then added together to determine the total quantity for the site.]* *Correction made to conform with Ordinance 3367. 54. Clearing or grading that will likely penetrate the groundwater table, including the construction of ponds and reservoirs. 65. An excavation which is more than five feet in depth or which creates a cut slope greater than five feet in depth or which creates a cut slope greater than five feet in height and steeper than two units horizontal in one unit vertical (2:1). 76. Any re-grading or paving on an area used for stormwater retention or detention or alteration of an existing drainage course. 87. Any proposal to remove a tree or reduce the live crown of any tree by more than 25%, in any five-year period, that is required to be preserved by City Code, plat condition, or other requirement. Amend existing language Develop new language No change Updates thresholds for consistency with the Phase II permit Section 15.28.040 – Permit Exemptions (Page 232 of 241) E. Land disturbance that is less than one acre, except those sites meeting any of the conditions listed in 15.28.030 or where an adjacent area containing disturbed areas under the same ownership or chain of ownership has been similarly exempted so that the combined area is one acre or more and final site stabilization is not complete; E. Land disturbance that is less than one acre7,000 square feet, except those sites meeting any of the conditions listed in 15.28.030 or where an adjacent area containing disturbed areas under the same ownership or chain of ownership has been similarly exempted so that the combined area is one acre 7,000 square feet or more and final site stabilization is not complete; Amend existing language Develop new language No change Updates thresholds for consistency with the Phase II permit Section 15.28.060 – Plans and specifications (Page 232 of 241) Not applicable D. Construction Stormwater Pollution Prevention Plan (SWPPP) Amend existing language Develop new language No change Adds Construction SWPPP to the list of plans and specifications for submittal. PAMC Title 15 – Environment 8 8/3/2016 Section/Page Reference Existing Text Proposed Revisions to Existing Text Preferred Approach 15.28.070 - Additional application information. (Page 234 of 241) A. Hydrologic and hydraulic computations of expected storm runoff entering and leaving the site for pre-development conditions; A. Stormwater site plans, including all technical information and analysis, such as hHydrologic and hydraulic computations of expected stormwater runoff entering and leaving the site for pre-developedment and developed conditions; Amend existing language Develop new language No change Adds Stormwater Site Plans as the overarching document which includes hydrologic and hydraulic computations. Clarifies text relating to hydrologic and hydraulic modeling. Section 15.28.090 - Standards (Page 234-235 of 241) B. Vegetation protection: Vegetation that is to be retained shall be delineated on the site plan. …. H. Removal of dead or diseased trees from environmentally sensitive areas or buffers is allowed provided that: … 4. The landowner shall replace any trees that are felled or topped with new trees at a ratio of two replacement trees for each tree felled or topped (2:1) within one (1) year in accordance with an approved restoration plan. Tree species that are native and indigenous to the site with a minimum caliper of two inches shall be used for replacement; B. Vegetation protection: Vegetation that is to be retained shall be delineated and clearly marked on the site plan by a biologist, landscape architect, and/or Certified Arborist. …. H. Removal of dead or diseased trees from environmentally sensitive areas or buffers is allowed provided that: … 4. The landowner shall replace any trees that are felled or topped in accordance with PAMC 11.13.050. with new trees at a ratio of two replacement trees for each tree felled or topped (2:1) within one (1) year in accordance with an approved restoration plan. Tree species that are native and indigenous to the site with a minimum caliper of two inches shall be used for replacement; Amend existing language Develop new language No change Adds clarification regarding vegetation delineation requirements and adds reference to tree replacement calculation. PAMC Title 15 – Environment 9 8/3/2016 Section/Page Reference Existing Text Proposed Revisions to Existing Text Preferred Approach Section 15.28.100 Conditions (Page 236 of 241) A. A construction stormwater pollution prevention plan (SWPPP) is required in conjunction with a clearing and grading permit for sites that disturb one acre of land or more. A temporary erosion and sediment control plan (TESCP) is required in conjunction with a clearing and grading permit for sites that disturb less than one acre of land. The SWPPP or TESCP shall meet all requirements as set forth in Chapter 6 of the current edition of the City of Port Angeles' Urban Services Standards and Guidelines, including any amendments or revisions thereto. B. Notify the City 48 hours before commencing any land-disturbing activity. ….. F. Maintain all road drainage systems, stormwater drainage systems, control measures, and other facilities identified in the plans. G. Repair siltation or erosion damage to adjoining surfaces and drainage ways resulting from land disturbing activities. H. Inspect the erosion construction control measures at least once each week during construction and after each runoff producing rain event (over a 24-hour period), and immediately make any needed repairs. ….. K. Ensure that all workmanship and materials are in accordance with City standards and the most recent edition of the Washington State Specifications for Road, Bridge, and Municipal Construction. A. A construction stormwater pollution prevention plan (SWPPP) is required in conjunction with a clearing and grading permit for sites that result in 2,000 square feet or more of new plus replaced hard surface area, or which disturb 7,000 square feet or more of land disturb one acre of land or more. A temporary erosion and sediment control plan (TESCP) is required in conjunction with a clearing and grading permit for sites that disturb less than one acre of land. The SWPPP or TESCP shall meet all requirements as set forth in Chapter 6 of the current edition of the City of Port Angeles' Urban Services Standards and Guidelines and the Department of Ecology’s SWMMWW (2014), including any amendments or revisions thereto. A small project SWPPP is required for sites that result in 2,000 square feet or more, but less than 5,000 square feet, of new plus replaced hard surface area and less than 1 acre of land disturbance. A large project SWPPP is required for sites that result in 5,000 square feet or more of new plus replaced hard surface area or one acre of greater of land disturbance. … B. Notify the City at least 48 hours before commencing any land-disturbing activity. … F. Maintain all road drainage systems, stormwater drainage systems, LID BMPs, erosion control measures, and other facilities identified in the plans. G. Repair siltation or erosion damage to adjoining surfaces and drainage ways resulting from land disturbing activities. H. Inspect, maintain, install, modify, and/or repair the erosion construction control measures at least once each week during construction and after each runoff producing rain event (over a 24-hour period), and immediately make any needed repairs. BMPs as needed to assure the continued performance of their intended function. Inspections on projects that disturb one or more acres shall be conducted by a Certified Erosion and Sediment Control Lead (CESCL) and a written record of said inspections shall be kept on site at all times. Project site disturbing less than one acre may have a CESCL or a person without CESCL certification conduct inspections. The CESCL or inspector shall be identified in writing to the City and shall be present on-site or on-call at all times. … K. Ensure that all workmanship and materials are in accordance with City standards and the most recent edition of the Washington State Department of Transportation (WSDOT) Standard Specifications for Road, Bridge, and Municipal Construction. Amend existing language Develop new language No change Updates language to reflect 2014 SWMMWW requirements and City’s new thresholds for small and large project SWPPPs. Modifies language regarding inspection and maintenance. Clarifies when a CESCL is required. Clarifies reference to WSDOT Standard Specifications. PAMC Title 15 – Environment 10 8/3/2016 Section/Page Reference Existing Text Proposed Revisions to Existing Text Preferred Approach Section 15.28.160 Inspections (Page 238 of 241) B. Each site that has approved grading, erosion and sediment control or other required plans must be inspected as necessary to ensure that the sediment control measures are installed and effectively maintained in compliance with the approved plan and permit requirements. Where applicable, the permittee must obtain inspection by the City at the following stages: 1. Following the installation of sediment control measures or practices and prior to any other land-disturbing activity; 2. Following the establishment of any tree protection zone(s) and prior to any other land disturbing activity; 3. During the construction of sediment basins or stormwater management structures; 4. During rough grading, including hauling of imported or wasted materials; 5. Prior to the removal or modification of any sediment control measure or facility; and 6. Upon completion of final grading, including establishment of ground covers and planting, installation of all vegetative measures, and all other work in accordance with the approved plan or permit. B. Each site that has approved grading, erosion and sediment control or other required plans must be inspected as necessary to ensure that the sediment control measures are installed and effectively maintained in compliance with the approved plan and permit requirements. Where applicable, the permittee must obtain inspection by the City at the following stages: 1. Prior to any clearing, grading, filling, drainage installations or construction (if the permitted development site has a high potential for sediment transport as determined through plan review); 1. 2. Following the installation of sediment control measures or practices and prior to any other land-disturbing activity; 2. 3. Following the establishment of any tree protection zone(s) and prior to any other land disturbing activity; 3. 4. During the construction of sediment basins or stormwater management structures and permanent stormwater facilities; 5. During construction to verify proper installation and maintenance of required erosion and sediment controls. 4. 6. During rough grading, including hauling of imported or wasted materials; 5. 7. Prior to the removal or modification of any sediment control measure or facility; and 6. 8. Upon completion of final grading, (including establishment of ground covers and planting, installation of all vegetative measures, and all other work in accordance with the approved plan or permit.), and prior to final approval or occupancy to ensure proper installation of permanent stormwater facilities. A maintenance plan for the permanent stormwater facility must be completed. Amend existing language Develop new language No change Updates inspection requirements for consistency with the Phase II permit Section 15.28.160 Inspections (Page 238 of 241) C. The permittee may secure the services of an engineer, subject to the approval of the City Engineer, to inspect the construction of the facilities and provide the City with a fully documented certification that all construction is done in accordance with the provisions of the approved plan, applicable rules, regulations, permit conditions, and specifications. If inspection certification is provided to the City, then the normal inspections performed by the City for the permit may be waived. In these cases, the City shall be notified at the required inspection points and may make spot inspections. C. The permittee may secure the services of an engineer, subject to the approval of the City Engineer, to inspect the construction of the facilities and provide the City with a fully documented certification that all construction is done in accordance with the provisions of the approved plan, applicable rules, regulations, permit conditions, and specifications. If inspection certification is provided to the City, then the normal inspections performed by the City for the permit may be waived. In these cases, the City shall be notified at the required inspection points and may make spot inspections. Temporary BMPs shall be removed following site stabilization. Amend existing language Develop new language No change Clarifies that temporary BMPs shall be removed following site stabilization. PAMC Title 16 – Subdivisions 1 8/3/2016 City of Port Angeles – Proposed Revisions Name of Document/Code/Policy Reviewed: PAMC Title 16 – Subdivisions Section/Page Reference Existing Text Proposed Revisions to Existing Text Preferred Approach Section 16.04.070 Preliminary short plat— Design standards – Lot design (Page 4 of 31) B.5.b.iii. 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-foot diameter asphaltic concrete street or an alternative approved by the City consistent with the Urban Services Ordinance and the International* 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. B.5.b.iii. 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 80-foot diameter (without parking) or a minimum 90- foot diameter (with parking) asphaltic concrete or permeable pavement street or an alternative approved by the City consistent with the Urban Services Ordinance, the Port Angeles Urban Services Standards and Guidelines Manual, and the International* 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. Amend existing language Develop new language No change Adding reduced diameter for cul- de-sacs without parking. Explicitly allowing permeable pavement as an acceptable material. Section 16.04.090 Preliminary short plat – Requirement for approval (Page 5 of 31) A. Necessary drainage ways or storm drain facilities must be adequate to serve the short subdivision as set forth in the Comprehensive Plan and Urban Services Ordinance development standards. A. Necessary drainage ways; or storm drains; and/ or stormwater flow control, treatment, and LID BMPs/ facilities must be adequate to serve the short subdivision as set forth in the Comprehensive Plan, the Port Angeles Urban Services Standards and Guidelines Manual, and Urban Services Ordinance development standards. LID approaches and facilities shall be incorporated to minimize stormwater runoff and impervious surface coverages, and to maximize retention of native vegetation. Amend existing language Develop new language No change Updating terminology and adding LID goals. Section 16.04.140 Final short plat – Improvements – Required (Page 7 of 31) 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 local access streets: a. In the RS-9 and RS-11 zones, local access streets 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 wide asphaltic concrete street with no on-street parking, drainage swales (ditches) as needed, and one four-foot wide cement concrete sidewalk (eight-foot wide path when an adopted bicycle route) for pedestrian traffic, which path shall be separated from the street by a ditch. 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 International* Fire Code. *"Uniform Fire Code" updated to "International Fire Code" b. In the RS-7 zone, local access streets 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 wide asphaltic concrete street with one three-foot wide shoulder, and one six-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 International* Fire Code. *"Uniform Fire Code" updated to "International Fire Code" 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 local access streets: a. In the RS-9 and RS-11 zones, local access streets 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 wide permeable pavement (pervious concrete or porous asphalt [preferred]) or asphaltic concrete street with no on-street parking, drainage swales (ditches) as needed, and one four-foot wide pervious concrete (preferred) or cement concrete sidewalk (eight-foot wide path when an adopted bicycle route) for pedestrian traffic, which path shall be separated from the street by a ditch. All dead-end City streets in excess of 150 feet in length shall be permeable pavement (pervious concrete or porous asphalt [preferred]) or asphaltic concrete paved and provided with a turn- around consistent with the Urban Services Ordinance, the Port Angeles Urban Services Standards and Guidelines Manual, and the International* Fire Code. *"Uniform Fire Code" updated to "International Fire Code" b. In the RS-7 zone, local access streets 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 wide permeable pavement (pervious concrete or porous asphalt [preferred]) or asphaltic concrete street with one three-foot wide shoulder, and one five six-foot wide shoulder for pedestrian traffic. All dead-end City streets in excess of 150 feet in length shall be permeable pavement (pervious concrete or porous asphalt [preferred]) or asphaltic concrete paved and provided with a turn- around consistent with the Urban Services Ordinance, the Port Angeles Urban Services Standards and Guidelines Manual, and the International* Fire Code. *"Uniform Fire Code" updated to "International Fire Code" Amend existing language Develop new language No change Explicitly allowing permeable pavement as an acceptable material. Reducing minimum shoulder width for pedestrian traffic to 5 feet. PAMC Title 16 – Subdivisions 2 8/3/2016 Section/Page Reference Existing Text Proposed Revisions to Existing Text Preferred Approach Section 16.04.140 Final short plat – Improvements – Required (Page 7 of 31) 2. Improvements to arterial streets: a. In the RS-9 and RS-11 zones, arterial streets that front or will provide access to the lots or parcels being developed shall be improved to the minimum of 24-foot wide asphaltic concrete street with no on-street parking, drainage swales (ditches) as needed, and one four-foot wide cement concrete sidewalk or other acceptable hard surface (eight-foot wide surface when on an adopted bicycle route) for pedestrian traffic, which path shall be separated from the street by a ditch. 2. Improvements to arterial streets: a. In the RS-9 and RS-11 zones, arterial streets that front or will provide access to the lots or parcels being developed shall be improved to the minimum of 2420-foot wide permeable pavement (pervious concrete or porous asphalt [preferred]) or asphaltic concrete street with no on-street parking, drainage swales (ditches) as needed, and one four-foot wide pervious concrete (preferred) or cement concrete sidewalk or other acceptable hard surface (eight-foot wide surface when on an adopted bicycle route) for pedestrian traffic, which path shall be separated from the street by a ditch. Amend existing language Develop new language No change Explicitly allowing permeable pavement as an acceptable material. Reducing minimum street width in RS-9 and RS-11 zones to 20 feet. Section 16.04.140 Final short plat – Improvements – Required (Page 8 of 31) F. Drainage ditches and/or culverts shall be provided to address existing and anticipated stormwater run-off occurring on the site and/or within the City rights-of- way and easements as set forth in the Urban Services Ordinance and Clearing and Grading Ordinance development standards. F. Drainage ditches, and/or culverts, and/ or stormwater treatment and flow control BMPs/ facilities shall be provided to address existing and anticipated stormwater run-off occurring on the site and/or within the City rights-of-way and easements as set forth in the Urban Services Ordinance and Clearing and Grading Ordinance development standards. Amend existing language Develop new language No change Updating terminology Section 16.08.030 Definitions (Page 12 of 31) 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.) 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, vegetation within LID facilities, and the site of public buildings are sometimes used as a buffer.) Amend existing language Develop new language No change Adding vegetation within LID facilities as an example of screening. Section 16.08.070 Requirements for acceptance of plats – Streetscape Improvements (Page 21 of 31) F.1. Street trees. Street trees shall be planted within a planting strip in the right-of- way of arterial streets. Proposed locations and species to be used shall be submitted for review and approval by the City. F.1. Street trees. Street trees shall be planted within a planting strip or within LID facilities in the right-of-way of arterial streets. Proposed locations and species to be used shall be submitted for review and approval by the City. Amend existing language Develop new language No change Allowing trees planted in bioretention and other LID facilities to meet streetscape improvement requirements. PAMC Title 17 – Zoning 1 6/24/16 City of Port Angeles – Proposed Revisions Name of Document/Code/Policy Reviewed: PAMC Title 17 – Zoning Section/Page Reference Existing Text Proposed Revisions to Existing Text Preferred Approach Section 17.08.015- “B” (Page 12 of 175) NA B. Bioretention facility is an engineered facility that stores and treats stormwater by passing it through a specified soil profile, and either retains or detains the treated stormwater for flow attenuation. Re-letter as needed. Amend existing language Develop new language No change Adds a new definition for bioretention facility Section 17.08.045 - "H" (Page 17 of 175) NA A. Hard surface: An impervious surface, a permeable pavement, or a vegetated roof. Re-letter as needed. Amend existing language Develop new language No change Adds a new definition for hard surface Section 17.08.050- “I” (Page 18 of 175) B. Impervious surface a hard surface area that either prevents or retards the entry of water into the soil mantle as under natural conditions prior to development. A hard surface area which causes water to run off the surface in greater quantities or at an increased rate of flow from the flow present under natural conditions prior to development. B. Impervious surface a hard non-vegetated surface area that either prevents or retards the entry of water into the soil mantle as under natural conditions prior to development. A hard non-vegetated surface area which causes water to run off the surface in greater quantities or at an increased rate of flow from the flow present under natural conditions prior to development. Common impervious surfaces include, but are not limited to, roof tops, walkways, patios, driveways, parking lots or stormwater areas, concrete or asphalt paving, gravel roads, packed earthen materials, and oiled, macadam or other surfaces which similarly impede the natural infiltration of stormwater. Vegetated roofs and minimal excavation foundations, subject to conformance with applicable Department of Ecology BMPs, are not included in the total impervious area. Amend existing language Develop new language No change Updating definition and terminology for consistency with the NPDES Phase II Permit and 2014 SWMMWW. Impervious Area was previously defined inconsistently in Section 17.37.011 and Section 17.44.015. Section 17.08.065- “L” (Page 21 of 175) NA Q. Low impact development (LID) facilities/BMPs are distributed stormwater management practices, integrated into a project design, that emphasize pre- disturbance hydrologic processes of infiltration, filtration, storage, evaporation and transpiration. LID facilities/BMPs include, but are not limited to: bioretention, rain gardens, permeable pavements, roof downspout controls, dispersion, soil quality and depth, minimal excavation foundations, vegetated roofs, and water re-use. Re-letter as needed. Amend existing language Develop new language No change Adds a new definition for LID facilities/BMPs Section 17.08.085 – “P” (Page 24 of 175) NA B. Permeable pavement is pervious concrete, porous asphalt, permeable pavers or other forms of pervious or porous paving material intended to allow passage of water through the pavement section. It often includes an aggregate base that provides structural support and acts as a stormwater reservoir. Re-letter as needed. Amend existing language Develop new language No change Adds a new definition for permeable pavement Section 17.08.095 - "S" (Page 26 of 175) Site coverage: the amount of impervious surface on a parcel, including structures, paved driveways, sidewalks, patios, and other impervious surfaces. Site coverage: the amount of impervious hard surface on a parcel, including structures, paved driveways, sidewalks, patios, permeable pavement, vegetated roofs, and other impervious surfaces. Amend existing language Develop new language No change Updating definition and terminology for consistency with the NPDES Phase II Permit and 2014 SWMMWW. PAMC Title 17 – Zoning 2 6/24/16 Section/Page Reference Existing Text Proposed Revisions to Existing Text Preferred Approach Section 17.08.110 – “V” (Page 28 of 175) NA B. Vegetated roofs (also known as ecoroofs and green roofs) consist of thin layers of engineered soil and vegetation constructed on top of conventional flat or sloped roofs. Amend existing language Develop new language No change Adds a new definition for vegetated roof. “Green roof” was previously defined in Section 17.37.011. Section 17.11.050 Section 17.12.050 Section 17.14.040 Section 17.15.050 Section 17.20.200 Section 17.21.200 Area and dimensional requirements (Page 34, 37, 42, 47, 66, and 69 of 175) RS-9 (Residential, Single-Family), RS-11 (Residential, Single-Family), RMD (Residential, Medium Density), RHD (Residential, High Density), CO (Commercial, Office), and CN (Commercial, Neighborhood): In locations where stormwater runoff from structures, paved driveways, sidewalks, patios and other surfaces is shown, by a professional engineer licensed in the State of Washington, to infiltrate on-site, according to the requirements of the most recent edition* of the Stormwater Management Manual for Western Washington, portions of the project can be exempt from lot and site coverage calculations. (See PAMC 17.94.135 for exemptions.) In locations where stormwater runoff from structures, paved driveways, sidewalks, patios and other surfaces is designed shown, by a professional engineer licensed in the State of Washington, to infiltrate on-site, according to the requirements in Chapter 5 of the City of Port Angeles Urban Services Standards and Guidelines manual of the most recent edition* of the Stormwater Management Manual for Western Washington, portions of the project can be exempt from lot and site coverage calculations. (See PAMC 17.94.135 for exemptions.) A professional engineer licensed in the state of Washington is required to perform this infiltration assessment for sites which add 5,000 square feet or more of new or replaced hard surface area. Amend existing language Develop new language No change Updating reference to the City’s Urban Services Standards and Guidelines manual. Clarifying when a professional engineer is required. Section 17.12.050 Area and dimensional requirements (Page 37 of 175) RS-11 (Residential, Single-Family): G. Maximum height: 30 feet. G. Maximum building height: 30 feet. Amend existing language Develop new language No change Minor revision to language for consistency. Section 17.13.100 Additional development standards – Screening (Page 41 of 175) RTP (Residential Trailer Park): C. Screening: Excepting the entrance-driveway, a screening of evergreen trees or shrubs shall be maintained at a planting height of five feet and at a height of 12 feet at full growth, in the front, side, and rear yards of every trailer park. Consider allowing landscaping area requirement to be more flexible for meeting existing site conditions and allowing the incorporation of LID facilities. Optional: Consider grouping landscaping requirements by screening, stormwater facility, etc. instead of by zone. Amend existing language Develop new language No change Revisions to landscaping standards will be drafted later in 2016. The City is planning on revising landscaping requirements as recommended. Section 17.14.040 Area and dimensional requirements (Page 44 of 175) RMD (Residential, Medium Density): G. Maximum building height: 35 feet. G. Maximum building height: 35 feet. In order to reduce impervious surfaces, building height may exceed the standard in the underlying zone to a maximum of twenty percent; provided that the project design protects adjacent uses both inside and outside of the development site from adverse impacts on privacy, light, air and significant public views. An increase in building height must be shown to reduce site coverage by a similar percentage. Amend existing language Develop new language No change Allows flexibility in building heights to reduce impervious surfaces. Section 17.14.070 Section 17.15.080 Section 17.20.230 Section 17.21.230 Design and landscaping Section 17.22.230 (Page 44, 47, 67, 70, & 73 of 175) Unused space that is over 24 square feet in area and results from the design of parking space arrangements or accessory structures shall be landscaped. Consider allowing landscaping area requirement to be more flexible for meeting existing site conditions and allowing the incorporation of LID facilities. Optional: Consider grouping landscaping requirements by screening, stormwater facility, etc. instead of by zone. Amend existing language Develop new language No change Revisions to landscaping standards will be drafted later in 2016. The City is planning on revising landscaping requirements as recommended. PAMC Title 17 – Zoning 3 6/24/16 Section/Page Reference Existing Text Proposed Revisions to Existing Text Preferred Approach Section 17.14.070 Section 17.15.080 Section 17.20.230 Section 17.21.230 Section 17.22.230 Section 17.23.230 Section 17.25.230 Section 17.31.090 Section 17.32.080 Section 17.36.080 Section 17.40.065 Design and landscaping (Page 44, 48, 67, 70, 73, 77, 85, 99, 106, 113, & 123 of 175) Section 17.34.060 Off-street parking (Page 109 of 175) All required parking areas shall include landscaping of at least one tree for each group of six or fewer parking spaces with a minimum of two (2) trees, exclusive of any required perimeter landscaping. The trees shall be of a type approved by the City, and be at least two-inch caliper at time of planting, and placed in a minimum planting area of 100 square feet. Trees shall attain a minimum height of at least 20 feet at maturity. Alternatively, landscaping plans with functionally compatible planters and equivalent vegetative cover may be submitted for approval by the Director of Community and Economic Development as mitigation for this requirement when site constraints deem necessary. [Illustration - 11 parking spaces requires two trees; 12 spaces requires two trees; 13 spaces requires three trees.] All required parking areas shall include tree landscaping of at least one tree such that the tree canopy covers at least 20 percent of the total paved area after a period of 5 years, for each group of six or fewer parking spaces with a minimum of two (2) trees, exclusive of any required perimeter landscaping. Vegetation within LID facilities may be used to meet landscaping requirements. The trees shall be of a type approved by the City, and be at least two inch caliper at time of planting, and placed in a minimum planting area of 100 square feet. Trees shall attain a minimum height of at least 20 feet at maturity. Alternatively, landscaping plans with functionally compatible planters and equivalent vegetative cover may be submitted for approval by the Director of Community and Economic Development as mitigation for this requirement when site constraints deem necessary. Refer to 15.20.070 and 15.20.080 PAMC for appropriate pruning and vegetation management techniques. To ensure survivability of vegetation and tree coverage goal, a 5-year bond or other surety for 5% of the total landscape project costs shall be required. Amend existing language Develop new language No change Adding language to encourage vegetated LID facilities and larger trees and reduce over pruning within parking lots. Modifying the number of trees required per parking space to a percentage of tree canopy cover. Adding a 5-year bond for 5% of the landscaping costs. Note: changes in these sections will need to be reflected in new Landscaping Section of code. Note: Illustration showing 11-12 parking spaces requiring 2 trees and 13 parking spaces requiring 3 trees will need to be updated. Section 17.14.070 Section 17.15.080 Section 17.20.230 Section 17.21.230 Section 17.22.230 Section 17.23.230 Section 17.24.230 Section 17.25.230 Section 17.40.065 Design and landscaping (Page 44, 47, 66, 70, 73, 77, 81, 85, & 123 of 175) All designated outdoor storage areas, except for City mechanized refuse collection system containers, shall be screened from view from public rights-of-way (ROW) and abutting property by a vision-obscuring fence 6 feet in height. Consider allowing landscaping area requirement to be more flexible for meeting existing site conditions and allowing the incorporation of LID facilities. Optional: Consider grouping landscaping requirements by screening, stormwater facility, etc. instead of by zone. Amend existing language Develop new language No change Revisions to landscaping standards will be drafted later in 2016. The City is planning on revising landscaping requirements as recommended. PAMC Title 17 – Zoning 4 6/24/16 Section/Page Reference Existing Text Proposed Revisions to Existing Text Preferred Approach Section 17.14.070 Section 17.15.080 Section 17.20.230 Section 17.21.230 Section 17.22.230 Section 17.23.230 Section 17.25.230 Section 17.32.080 Section 17.36.080 Design and landscaping (Page 44, 47, 66, 70, 73, 77, 85, 106, & 113 of 175) Section 17.34.060 Off-street parking (Page 110 of 175) Parking areas shall have interspersed landscaped islands and shall have no more than 8 consecutive parking spaces. Underground parking and parking included in a parking structure are excluded from this requirement. Parking areas shall have interspersed landscaped islands and shall have no more than 8 consecutive parking spaces. Islands with vegetation within LID facilities may be used to meet landscaping requirements. Underground parking and parking included in a parking structure are excluded from this requirement. Amend existing language Develop new language No change Removing standard for spacing of landscaped islands to allow more flexibility for designers. Allowing vegetation within LID facilities to count towards landscaping requirements. Note: changes in these sections will need to be reflected in new Landscaping Section of code. Section 17.14.070 Section 17.15.080 Design and landscaping (Page 45 & 48 of 175) At least 30 percent of the site shall be landscaped with a mixture of ground cover, shrubs, and trees. Consider allowing landscaping area requirement to be more flexible for meeting existing site conditions and allowing the incorporation of LID facilities. Optional: Consider grouping landscaping requirements by screening, stormwater facility, etc. instead of by zone. Amend existing language Develop new language No change Revisions to landscaping standards will be drafted later in 2016. The City is planning on revising landscaping requirements as recommended. Section 17.14.070 Section 17.15.080 Section 17.20.230 Section 17.21.230 Section 17.22.230 Design and landscaping (Page 45, 48, 67, 70, & 73 of 175) All parking lots shall be screened by a three-foot to six-foot vision-obscuring fence or vegetation on all sides adjacent to residentially zoned property; except that parking lots with less than 900 square feet of contiguous area shall be exempt from this landscaping requirement. Consider allowing landscaping area requirement to be more flexible for meeting existing site conditions and allowing the incorporation of LID facilities. Optional: Consider grouping landscaping requirements by screening, stormwater facility, etc. instead of by zone. Amend existing language Develop new language No change Revisions to landscaping standards will be drafted later in 2016. The City is planning on revising landscaping requirements as recommended. Section 17.15.050 Area and dimensional requirements (Page 46 of 175) RHD (Residential, High Density): G. Maximum building height- 35 feet. G. Maximum building height:- 35 feet. In order to reduce impervious surfaces, building height may exceed the standard in the underlying zone to a maximum of twenty percent; provided that the project design protects adjacent uses both inside and outside of the development site from adverse impacts on privacy, light, air and significant public views. An increase in building height must be shown to reduce site coverage by a similar percentage. On properties containing marine bluff or required marine bluff buffers, the building height increase shall not exceed 50% of the building footprint. Amend existing language Develop new language No change Allows flexibility in building heights to reduce impervious surfaces. Section 17.18.040 Development Standards (Page 54 of 175) Bed and Breakfast Permit: D. All off-street parking areas shall be screened in a manner that is compatible with and respectful of adjacent properties. Consider allowing landscaping area requirement to be more flexible for meeting existing site conditions and allowing the incorporation of LID facilities. Optional: Consider grouping landscaping requirements by screening, stormwater facility, etc. instead of by zone. Amend existing language Develop new language No change Revisions to landscaping standards will be drafted later in 2016. The City is planning on revising landscaping requirements as recommended. PAMC Title 17 – Zoning 5 6/24/16 Section/Page Reference Existing Text Proposed Revisions to Existing Text Preferred Approach Section 17.19.050 Standards (Page 58 of 175) PRD (Planned Residential Development Overlay Zone): All PRDs shall devote at least 30 percent of the gross area of the site to common usable open space, half of which must be used for recreational purposes and none of which will be credited in the setback areas required along the exterior property lines of the PRD. Street rights-of-way, driveways, parking lots and utility structures shall not be counted as part of the common usable open space. Common usable open space shall be maintained as an integral part of the site and may not be segregated as a separate parcel or parcels unless such parcels are to be owned by a homeowners association. Community recreation facilities and recreation structures shall be included in calculating the area devoted to common usable open space. All PRDs shall devote at least 30 percent of the gross area of the site to common usable open space, half of which must be used for recreational purposes and none of which will be credited in the setback areas required along the exterior property lines of the PRD. LID facilities may count towards the common usable open space not required for recreational purposes. Street rights-of-way, driveways, parking lots and utility structures shall not be counted as part of the common usable open space. Common usable open space shall be maintained as an integral part of the site and may not be segregated as a separate parcel or parcels unless such parcels are to be owned by a homeowners association. Community recreation facilities and recreation structures shall be included in calculating the area devoted to common usable open space. Amend existing language Develop new language No change Allowing LID facilities to be included in the 15 percent common open space not required for recreational purposes. Section 17.31.050 Standards (Page 97 of 175) PID (Planned Industrial Development Overlay Zone): All PIDs shall devote at least 30 percent of the gross area of the site to common usable open space, half of which must be used for recreational purposes and none of which will be credited in the setback areas required along the exterior property lines of the PID. Street rights-of-way, driveways, parking lots, environmentally sensitive areas, and utility structures shall not be counted as part of the common usable open space. Common usable open space shall be maintained as an integral part of the site and may not be segregated as a separate parcel or parcels unless such parcels are to be owned by a homeowners association. Community recreation facilities and recreation structures shall be included in calculating the area devoted to common usable open space. All PIDs shall devote at least 30 percent of the gross area of the site to common usable open space, half of which must be used for recreational purposes and none of which will be credited in the setback areas required along the exterior property lines of the PID. LID facilities may count towards the common usable open space not required for recreational purposes. Street rights-of-way, driveways, parking lots, environmentally sensitive areas, and utility structures shall not be counted as part of the common usable open space. Common usable open space shall be maintained as an integral part of the site and may not be segregated as a separate parcel or parcels unless such parcels are to be owned by a homeowners association. Community recreation facilities and recreation structures shall be included in calculating the area devoted to common usable open space. Amend existing language Develop new language No change Allowing LID facilities to be included in the 15 percent common open space not required for recreational purposes. Section 17.20.230 Section 17.21.230 Section 17.22.230 Section 17.23.230 Section 17.25.230 Section 17.36.080 Design and landscaping (Page 67, 70, 73, 77, 85, & 113 of 175) A six-foot sidewalk accompanied by a minimum four-foot landscape strip shall be required within the right-of-way adjacent to the front property line as well as adjoining arterial corridors. A sixfive-foot sidewalk accompanied by a minimum fourfive-foot landscape strip shall be required within the right-of-way adjacent to the front property line as well as adjoining arterial corridors. Amend existing language Develop new language No change Reducing sidewalk width to a 5-foot minimum and increasing minimum landscape strip to 5 feet. Section 17.20.230 Section 17.21.230 Section 17.22.230 Section 17.23.230 Section 17.25.230 Section 17.36.080 Design and landscaping (Page 66, 70, 73, 77, 85, & 113 of 175) A 6-foot sidewalk accompanied by a minimum 4-foot landscape strip shall be required within the ROW adjacent to the front property line as well as adjoining arterial corridors. Consider allowing landscaping area requirement to be more flexible for meeting existing site conditions and allowing the incorporation of LID facilities. Optional: Consider grouping landscaping requirements by screening, stormwater facility, etc. instead of by zone. Amend existing language Develop new language No change Revisions to landscaping standards will be drafted later in 2016. The City is planning on revising landscaping requirements as recommended. Section 17.20.200 Area and dimensional requirements (Page 66 of 175) CO (Commercial, Office): G. Maximum building height: 30 feet. G. Maximum building height: 30 feet. In order to reduce impervious surfaces, building height may exceed the standard in the underlying zone to a maximum of twenty percent; provided that the project design protects adjacent uses both inside and outside of the development site from adverse impacts on privacy, light, air and significant public views. An increase in building height must be shown to reduce site coverage by a similar percentage. Amend existing language Develop new language No change Allows flexibility in building heights to reduce impervious surfaces. PAMC Title 17 – Zoning 6 6/24/16 Section/Page Reference Existing Text Proposed Revisions to Existing Text Preferred Approach Section 17.20.230 Section 17.21.230 Section 17.22.230 Design and landscaping (Page 67, 70, & 73 of 175) The side yard abutting a residentially zoned lot shall be landscaped in a manner that is complementary or similar to residential landscaping. In other words, such landscaping shall be complementary or similar to shrubs of 3-foot to 6-foot mature height interspersed with evergreen and/or deciduous and/or ornamental trees. Five feet of the rear yard setback area abutting a residentially zoned lot shall be landscaped in a similar manner. Consider allowing landscaping area requirement to be more flexible for meeting existing site conditions and allowing the incorporation of LID facilities. Optional: Consider grouping landscaping requirements by screening, stormwater facility, etc. instead of by zone. Amend existing language Develop new language No change Revisions to landscaping standards will be drafted later in 2016. The City is planning on revising landscaping requirements as recommended Section 17.21.200 Area and dimensional requirements (Page 69 of 175) CN (Commercial, Neighborhood): G. Maximum building height: 30 feet. G. Maximum building height: 30 feet. In order to reduce impervious surfaces, building height may exceed the standard in the underlying zone to a maximum of twenty percent; provided that the project design protects adjacent uses both inside and outside of the development site from adverse impacts on privacy, light, air and significant public views. An increase in building height must be shown to reduce site coverage by a similar percentage. Amend existing language Develop new language No change Allows flexibility in building heights to reduce impervious surfaces. Section 17.22.200 Area and dimensional requirements (Page 72 of 175) CSD (Commercial Shopping District): E. Maximum height: 35 feet. E. Maximum height: 35 feet. In order to reduce impervious surfaces, building height may exceed the standard in the underlying zone to a maximum of twenty percent; provided that the project design protects adjacent uses both inside and outside of the development site from adverse impacts on privacy, light, air and significant public views. An increase in building height must be shown to reduce site coverage by a similar percentage. Amend existing language Develop new language No change Allows flexibility in building heights to reduce impervious surfaces. Section 17.23.200 Area and dimensional requirements (Page 77 of 175) CA (Commercial, Arterial): E. Maximum building height: 35 feet. E. Maximum building height: 35 feet. In order to reduce impervious surfaces, building height may exceed the standard in the underlying zone to a maximum of twenty percent; provided that the project design protects adjacent uses both inside and outside of the development site from adverse impacts on privacy, light, air and significant public views. An increase in building height must be shown to reduce site coverage by a similar percentage. Amend existing language Develop new language No change Allows flexibility in building heights to reduce impervious surfaces. Section 17.23.230 Section 17.25.230 Design and landscaping Section 17.40.065 (Page 77, 85, & 123 of 175) A visual screen consisting of solid fencing, landscaping, or other materials, shall be provided in the yard abutting residentially zoned land. Such a screen shall be to a height of six feet. If landscaping is used, it shall include evergreen shrubs planted to form a hedge that will reach a height of six feet within three years of the planting date. Such screen shall be maintained to a maximum height of six feet. Approved vehicle driveways to an alley and sanitation receptacles associated with mechanized collection shall not be obstructed. Clear vision triangles shall be maintained. Consider allowing landscaping area requirement to be more flexible for meeting existing site conditions and allowing the incorporation of LID facilities. Optional: Consider grouping landscaping requirements by screening, stormwater facility, etc. instead of by zone. Amend existing language Develop new language No change Revisions to landscaping standards will be drafted later in 2016. The City is planning on revising landscaping requirements as recommended. Section 17.24.200 Area and dimensional requirements (Page 80 of 175) CBD (Central Business District): D. Maximum lot coverage: 100 percent maximum. D. Maximum lot coverage: 100 percent maximum. Amend existing language Develop new language No change Minor edit for consistency. PAMC Title 17 – Zoning 7 6/24/16 Section/Page Reference Existing Text Proposed Revisions to Existing Text Preferred Approach Section 17.24.200 Area and dimensional requirements (Page 80 of 175) CBD (Central Business District): E. Maximum building height: 45 feet. Additional height may be approved through a conditional use permit process that considers the impacts upon existing views and solar protection, shadow impacts, and factors such as the height of the bluff south of First Street. F. Minimum building height: All new structures in the CBD shall have a minimum of two functional stories above adjoining street level. E. Maximum building height: 45 feet. Additional height may be approved through a conditional use permit process that considers the impacts upon existing views and solar protection, shadow impacts, and factors such as the height of the bluff south of First Street. In order to reduce impervious surfaces, building height may exceed the standard in the underlying zone to a maximum of twenty percent; provided that the project design protects adjacent uses both inside and outside of the development site from adverse impacts on privacy, light, air and significant public views. An increase in building height must be shown to reduce site coverage by a similar percentage. F. Minimum building height: All new structures in the CBD shall have a minimum of two functional stories above adjoining street level. Amend existing language Develop new language No change Allows flexibility in building heights to reduce impervious surfaces. Section 17.24.230 Design and landscaping (Page 81 of 175) A. All outdoor storage areas, except those associated with municipal solid waste collection, shall be screened from public view from public rights-of-way and established marine and pedestrian routes. Consider allowing landscaping area requirement to be more flexible for meeting existing site conditions and allowing the incorporation of LID facilities. Optional: Consider grouping landscaping requirements by screening, stormwater facility, etc. instead of by zone. Amend existing language Develop new language No change Revisions to landscaping standards will be drafted later in 2016. The City is planning on revising landscaping requirements as recommended. Section 17.24.230 Design and landscaping (Page 81 of 175) B. At least the first five feet of the ten-foot setback area abutting a residential zone shall be landscaped. Landscaping shall include shrubs and trees of at least six -foot mature height capable of forming a visual screen. Consider allowing landscaping area requirement to be more flexible for meeting existing site conditions and allowing the incorporation of LID facilities. Optional: Consider grouping landscaping requirements by screening, stormwater facility, etc. instead of by zone. Amend existing language Develop new language No change Revisions to landscaping standards will be drafted later in 2016. The City is planning on revising landscaping requirements as recommended. Section 17.25.200 Area and dimensional requirements (Page 84 of 175) CR (Commercial, Regional): D. Maximum lot coverage: 60 percent. D. Maximum lot coverage: 60 percent. E. Maximum site coverage: 80 percent. Amend existing language Develop new language No change Adding maximum impervious area requirement for this zone. Section 17.25.200 Area and dimensional requirements (Page 84 of 175) CR (Commercial, Regional): E. Maximum building height: 35 feet. E. Maximum building height: 35 feet. In order to reduce impervious surfaces, building height may exceed the standard in the underlying zone to a maximum of twenty percent; provided that the project design protects adjacent uses both inside and outside of the development site from adverse impacts on privacy, light, air and significant public views. An increase in building height must be shown to reduce site coverage by a similar percentage. Amend existing language Develop new language No change Allows flexibility in building heights to reduce impervious surfaces. Section 17.30.080 Section 17.31.090 Section 17.32.080 Design and landscaping (Page 95, 98, & 106 of 175) A minimum 5-foot landscaping area shall be provided abutting public rights-of-way, except for approved curb cuts. Consider allowing landscaping area requirement to be more flexible for meeting existing site conditions and allowing the incorporation of LID facilities. Optional: Consider grouping landscaping requirements by screening, stormwater facility, etc. instead of by zone. Amend existing language Develop new language No change Revisions to landscaping standards will be drafted later in 2016. The City is planning on revising landscaping requirements as recommended. PAMC Title 17 – Zoning 8 6/24/16 Section/Page Reference Existing Text Proposed Revisions to Existing Text Preferred Approach Section 17.30.080 Design and landscaping (Page 95 of 175) IP (Industrial Park): C. A ten-foot wide buffer zone must be maintained adjacent to all residentially or commercially zoned property, which buffer zone shall not be used for storage, driveways, auto parking, or structures, except security fences. A visual screen, consisting of solid fencing, landscaping, or other materials, shall be provided in the buffer zone. Such a screen shall be to a height of six feet. If landscaping is used, it shall include evergreen shrubs planted to form a hedge of six feet mature more flexible height within three years of the planting date; except that approved vehicle driveway openings shall not be obstructed. D. One tree shall be provided for each group of ten spaces, exclusive of any perimeter landscaping. Trees shall have a minimum caliper of two inches and shall have a height of at least 20 feet at maturity. C. A fifteen ten-foot wide buffer zone must be maintained adjacent to all residentially or commercially zoned property, which buffer zone shall not be used for storage, driveways, auto parking, or structures, except security fences. A visual screen, consisting of solid fencing, landscaping, or other materials, shall be provided in the buffer zone. Such a screen shall be to a height of six feet. If landscaping is used, it shall include evergreen shrubs planted to form a hedge of six feet mature height within three years of the planting date; except that approved vehicle driveway openings shall not be obstructed. Vegetation within LID facilities may count towards this requirement. D. One tree Trees shall be provided for the parking lot such that the tree canopy covers at least 20 percent of the total parking lot area after a period of 5 years, for each group of ten spaces, exclusive of any perimeter landscaping. Trees shall have a minimum caliper of two inches and shall have a height of at least 20 feet at maturity. To ensure survivability of vegetation and tree coverage goal, a 5-year bond or other surety for 5% of the total landscape project costs shall be required. Amend existing language Develop new language No change Increasing minimum buffer width to 15 feet. Allowing vegetation within LID facilities to count towards landscaping requirements. Modifying tree requirements for parking lots to make them more consistent with other parking lot tree density standards. Adding a 5-year bond for 5% of the landscaping costs. Note: changes in these sections will need to be reflected in new Landscaping Section of code. Section 17.30.080 Section 17.36.080 Design and landscaping (Page 95 & 113 of 175) A ten-foot wide buffer zone must be maintained adjacent to all residentially or commercially zoned property, which buffer zone shall not be used for storage, driveways, auto parking, or structures, except security fences. A visual screen, consisting of solid fencing, landscaping, or other materials, shall be provided in the buffer zone. Such a screen shall be to a height of six feet. If landscaping is used, it shall include evergreen shrubs planted to form a hedge of six feet mature height within three years of the planting date; except that approved vehicle driveway openings shall not be obstructed. A fifteen ten-foot wide buffer zone must be maintained adjacent to all residentially or commercially zoned property, which buffer zone shall not be used for storage, driveways, auto parking, or structures, except security fences. A visual screen, consisting of solid fencing, landscaping, or other materials, shall be provided in the buffer zone. Such a screen shall be to a height of six feet. If landscaping is used, it shall include evergreen shrubs planted to form a hedge of six feet mature height within three years of the planting date; except that approved vehicle driveway openings shall not be obstructed. Consider allowing landscaping area requirement to be more flexible for meeting existing site conditions and allowing the incorporation of LID facilities. Optional: Consider grouping landscaping requirements by screening, stormwater facility, etc. instead of by zone. Amend existing language Develop new language No change Increasing minimum buffer width to 15 feet. Note: changes in these sections will need to be reflected in new Landscaping Section of code. Revisions to landscaping standards will be drafted later in 2016. The City is planning on revising landscaping requirements as recommended. PAMC Title 17 – Zoning 9 6/24/16 Section/Page Reference Existing Text Proposed Revisions to Existing Text Preferred Approach Section 17.31.090 Design and landscaping (Page 98 of 175) A ten-foot wide buffer zone must be maintained adjacent to all residential or commercial uses, that buffer zone shall not be used for storage, driveways, auto parking, or structures, except security fences. A visual screen, consisting of solid fencing, landscaping, or other materials, shall be provided in the buffer zone. Such a screen shall be to a height of six feet. If landscaping is used, it shall include evergreen shrubs planted to form a hedge that will reach a height of six feet within three years of the planting date. Such screen shall be maintained to a maximum height of six feet. Approved vehicle driveways to an alley and sanitation receptacles associated with mechanized collection shall not be obstructed. Clear vision triangles shall be maintained. A fifteen ten-foot wide buffer zone must be maintained adjacent to all residential or commercial uses, that buffer zone shall not be used for storage, driveways, auto parking, or structures, except security fences. A visual screen, consisting of solid fencing, landscaping, or other materials, shall be provided in the buffer zone. Such a screen shall be to a height of six feet. If landscaping is used, it shall include evergreen shrubs planted to form a hedge that will reach a height of six feet within three years of the planting date. Such screen shall be maintained to a maximum height of six feet. Approved vehicle driveways to an alley and sanitation receptacles associated with mechanized collection shall not be obstructed. Clear vision triangles shall be maintained. Consider allowing landscaping area requirement to be more flexible for meeting existing site conditions and allowing the incorporation of LID facilities. Optional: Consider grouping landscaping requirements by screening, stormwater facility, etc. instead of by zone. Amend existing language Develop new language No change Increasing minimum buffer width to 15 feet. Note: changes in these sections will need to be reflected in new Landscaping Section of code. Revisions to landscaping standards will be drafted later in 2016. The City is planning on revising landscaping requirements as recommended. Section 17.32.080 Design and landscaping (Page 106 of 175) A ten-foot wide buffer zone must be maintained adjacent to all residentially or commercially zoned property, which buffer zone shall not be used for storage, driveways, auto parking, or structures, except security fences. Such a screen shall be to a height of six feet. Approved vehicle driveways to an alley and sanitation receptacles associated with mechanized collection shall not be obstructed. Clear vision triangles shall be maintained. A fifteen ten-foot wide buffer zone must be maintained adjacent to all residentially or commercially zoned property, which buffer zone shall not be used for storage, driveways, auto parking, or structures, except security fences. Such a screen shall be to a height of six feet. Approved vehicle driveways to an alley and sanitation receptacles associated with mechanized collection shall not be obstructed. Clear vision triangles shall be maintained. Consider allowing landscaping area requirement to be more flexible for meeting existing site conditions and allowing the incorporation of LID facilities. Optional: Consider grouping landscaping requirements by screening, stormwater facility, etc. instead of by zone. Amend existing language Develop new language No change Increasing minimum buffer width to 15 feet. Note: changes in these sections will need to be reflected in new Landscaping Section of code. Revisions to landscaping standards will be drafted later in 2016. The City is planning on revising landscaping requirements as recommended. Section 17.35.030 Screening (Page 110 of 175) Unless otherwise specified by the Planning Commission, a solid, site-obscuring fence, which may include vegetation or landform, at least seven feet or more in height shall be constructed on or within five feet of the rear and side property lines and the front yard setback line, which shall be a distance of 50 feet from all street rights-of-way. No storage or display of any junk, appliance, article, merchandise, or vehicle shall be permitted outside of said required fence. Consider allowing landscaping area requirement to be more flexible for meeting existing site conditions and allowing the incorporation of LID facilities. Optional: Consider grouping landscaping requirements by screening, stormwater facility, etc. instead of by zone. Amend existing language Develop new language No change Revisions to landscaping standards will be drafted later in 2016. The City is planning on revising landscaping requirements as recommended. Section 17.35.050 Off-street parking (Page 111 of 175) A minimum of ten off-street parking spaces shall be required for each junk yard. A minimum of ten six off-street parking spaces shall be required for each junk yard. Amend existing language Develop new language No change Reducing the required number of parking spaces. PAMC Title 17 – Zoning 10 6/24/16 Section/Page Reference Existing Text Proposed Revisions to Existing Text Preferred Approach Section 17.37.011- Definitions (Page 114 of 175) C. Green roof: A roof that is partially or completely covered with vegetation and a growing medium planted over a waterproofing membrane. A green roof is primarily a stormwater management element but may also improve a site's aesthetic qualities. D. Impervious area: All hard surface areas that impede infiltration of rainfall into the underlying soil profile. These surfaces include but are not limited to, compacted soil, asphalt concrete pavement, cement concrete pavement, roofs, and gravel paved areas. Green roofs and minimal excavation foundations subject to conformance with applicable Department of Ecology Best Management Practices (BMPs), are not included in the total impervious area calculation. C. Green roof: A roof that is partially or completely covered with vegetation and a growing medium planted over a waterproofing membrane. A green roof is primarily a stormwater management element but may also improve a site's aesthetic qualities. D. Impervious area: All hard surface areas that impede infiltration of rainfall into the underlying soil profile. These surfaces include but are not limited to, compacted soil, asphalt concrete pavement, cement concrete pavement, roofs, and gravel paved areas. Green roofs and minimal excavation foundations subject to conformance with applicable Department of Ecology Best Management Practices (BMPs), are not included in the total impervious area calculation. Amend existing language Develop new language No change Removes definitions from this section since they were revised and added to Section 17.08. Section 17.37.040 Permitted modifications of land use regulations (Page 115 of 175) MCO (Mixed Commercial Overlay): B. A height bonus (height allowed over that permitted by the underlying zone) shall be limited to a maximum of 45 feet, or one additional story, whichever is the least under the following circumstances: 1. When below grade parking is created, the combined floor area of any floor above 35 feet is limited to 125 square feet times the number of underground parking spaces provided. 2. When open space elements are increased above the minimum required, a ratio of one square foot of bonus height floor area for each square foot of open space will be allowed. 3. Bonus height floor area may be increased by one square foot for each square foot of green roof created by the project. B. A height bonus (height allowed over that permitted by the underlying zone) shall be limited to a maximum of 45 feet, or one additional story, whichever is the least under the following circumstances: 1. When below grade parking is created, the combined floor area of any floor above 35 feet is limited to 125 square feet times the number of underground parking spaces provided. 2. When open space elements are increased above the minimum required, a ratio of one square foot of bonus height floor area for each square foot of open space will be allowed. 3. Bonus height floor area may be increased by one square foot for each square foot of green vegetated roof created by the project. Amend existing language Develop new language No change Updating terminology. Section 17.37.040 Permitted modifications of land use regulations (Page 115 of 175) MCO (Mixed Commercial Overlay): E. Parking areas and facilities, trash and refuse storage areas, ventilating mechanisms and other noise-generation or odor-generating equipment, fixtures, or facilities shall be located so as to minimize noise and odor impacts on the surrounding area. The Director may require measures such as landscaping, sound barriers, fences, mounding or berming, adjustments to parking location or setback standards, design modification, limits on hours of operation or other similar measures to mitigate impacts. Consider allowing landscaping area requirement to be more flexible for meeting existing site conditions and allowing the incorporation of LID facilities. Optional: Consider grouping landscaping requirements by screening, stormwater facility, etc. instead of by zone. Amend existing language Develop new language No change Revisions to landscaping standards will be drafted later in 2016. The City is planning on revising landscaping requirements as recommended. Section 17.37.040 Permitted modifications of land use regulations (Page 115 of 175) MCO (Mixed Commercial Overlay): F. Required landscaping shall be compatible with neighboring properties. Landscaping shall be required to reduce the potential for erosion or excessive stormwater runoff, to minimize coverage of the site by impervious surfaces, to screen parking, or to reduce noise or the appearance of bulk and scale. Specific requirements of the landscape plan are found in subsection 17.37.090.F. Consider allowing landscaping area requirement to be more flexible for meeting existing site conditions and allowing the incorporation of LID facilities. Optional: Consider grouping landscaping requirements by screening, stormwater facility, etc. instead of by zone. Amend existing language Develop new language No change Revisions to landscaping standards will be drafted later in 2016. The City is planning on revising landscaping requirements as recommended. PAMC Title 17 – Zoning 11 6/24/16 Section/Page Reference Existing Text Proposed Revisions to Existing Text Preferred Approach Section 17.37.040 Permitted modifications of land use regulations (Page 115 of 175) MCO (Mixed Commercial Overlay): F. 1. An MCO shall retain a minimum 20 percent of the development as open space/landscaping. a. The open space counted toward this set-aside shall not include green roofs, right-of-way landscaping including, tree lawns (street tree plantings), parkways, or landscaped traffic islands except where plans vacate these public areas. b. Inherently unbuildable areas such as wetlands, floodplains, or other environmentally sensitive areas and buffers may be included in open space requirements. Where such areas exist, limited density transfer calculations per subsection 15.24.070.G. PAMC may be applied. c. Open space areas may include stormwater detention areas or landscaped swales. F. 1. An MCO shall retain a minimum 20 percent of the development as open space/landscaping. a. The open space counted toward this set-aside shall not include green vegetated roofs that are inaccessible to the general public, right-of-way landscaping including, tree lawns (street tree plantings), parkways, or landscaped traffic islands except where plans vacate these public areas. b. Inherently unbuildable areas such as wetlands, floodplains, or other environmentally sensitive areas and buffers may be included in open space requirements. Where such areas exist, limited density transfer calculations per subsection 15.24.070.G. PAMC may be applied. c. Open space areas may include stormwater detention areas, or landscaped swales, or vegetated roofs that are accessible to the general public. Amend existing language Develop new language No change Updating terminology and allowing accessible vegetated roofs to count towards open space requirements. Section 17.37.040 Permitted modifications of land use regulations (Page 115 of 175) MCO (Mixed Commercial Overlay): F.2.b. Landscape plans shall provide an adequate soil volume to support the mature trees in a sustainable healthy condition. F.2.b. Landscape plans shall provide an adequate soil volume to support the mature trees in a sustainable healthy condition. Use of rigid cell systems are encouraged to provide adequate soil volume. Amend existing language Develop new language No change Adding a reference to rigid cell systems (such as Silva cells) as a technique to provide adequate soil volume. Section 17.37.040 Permitted modifications of land use regulations (Page 115 of 175) MCO (Mixed Commercial Overlay): F.4. All Mixed Commercial Overlays (MCOs) shall be designed such that proposed structures blend into the character of the surrounding neighborhood. a. Loading areas. All loading areas shall be oriented and/or screened so as to be unobtrusive from the adjacent streets or properties. b. Trash enclosures. Trash receptacle areas shall be enclosed by a 6-foot-high privacy fence or masonry wall with gates. Consider allowing landscaping area requirement to be more flexible for meeting existing site conditions and allowing the incorporation of LID facilities. Optional: Consider grouping landscaping requirements by screening, stormwater facility, etc. instead of by zone. Amend existing language Develop new language No change Revisions to landscaping standards will be drafted later in 2016. The City is planning on revising landscaping requirements as recommended. Section 17.37.040 Permitted modifications of land use regulations (Page 116 of 175) MCO (Mixed Commercial Overlay): G. To encourage design flexibility, and innovations that result in a higher quality environment than traditional subdivisions, site planning and architectural review that address specific criteria are required of all development in the MCO. Where applicable, the design of MCOs shall accomplish the following to the greatest extent possible: 1. Provide amenities that complement the surrounding environment; G. To encourage design flexibility, and innovations that result in a higher quality environment than traditional subdivisions, site planning and architectural review that address specific criteria are required of all development in the MCO. Where applicable, the design of MCOs shall accomplish the following to the greatest extent possible: 1. Provide amenities, including LID facilities, that complement the surrounding environment; Amend existing language Develop new language No change Specifying that LID facilities can meet this requirement. Section 17.40.060 Minimum yard requirements (Page 123 of 175) PBP (Public Building – Park): E. Maximum building height: 35 feet. E. Maximum building height: 35 feet. In order to reduce impervious surfaces, building height may exceed the standard in the underlying zone to a maximum of twenty percent; provided that the project design protects adjacent uses both inside and outside of the development site from adverse impacts on privacy, light, air and significant public views. An increase in building height must be shown to reduce site coverage by a similar percentage. Amend existing language Develop new language No change Allows flexibility in building heights to reduce impervious surfaces. PAMC Title 17 – Zoning 12 6/24/16 Section/Page Reference Existing Text Proposed Revisions to Existing Text Preferred Approach Section 17.44.015 Definitions (Page 125 of 175) B. Impervious area: Impervious areas include all hard surfaces that impede infiltration of rainfall into the underlying soil profile. These surfaces include but are not limited to compacted soil, asphalt concrete pavement, cement concrete pavement, roofs, and gravel paved areas. Green roofs and minimal excavation foundations, subject to conformance with applicable Department of Ecology BMPs, are not included in the total impervious area. B. Impervious area: Impervious areas include all hard surfaces that impede infiltration of rainfall into the underlying soil profile. These surfaces include but are not limited to compacted soil, asphalt concrete pavement, cement concrete pavement, roofs, and gravel paved areas. Green roofs and minimal excavation foundations, subject to conformance with applicable Department of Ecology BMPs, are not included in the total impervious area. Amend existing language Develop new language No change Removing definition from this section since it was revised and added to Section 17.08. Section 17.44.015 Definitions. (Page 125 of 175) NA E. Critical Root Zone: Minimum area of protection around the trunk of a tree. The critical root zone is based on the area that results from measuring, at diameter breast height (4.5 feet above the ground), 1.5 feet outwards from the trunk for every inch of trunk diameter. Amend existing language Develop new language No change Adding a definition for critical root zone (a term used in the Zoning code). PAMC Title 17 – Zoning 13 6/24/16 Section/Page Reference Existing Text Proposed Revisions to Existing Text Preferred Approach Section 17.44.025 Performance standards (Page 125-127 of 175) A. Conformance to the following criteria is required for all developments reviewed under the provisions of this chapter: TABLE 17.44.025-11,2,3,4 Maximum Detention Structure Reduction (Infiltration 0.30 in/hr)5,6 Maximum Detention Structure Reduction (Infiltration of > 0.30 in/hr)5,6 Minimum Vegetated Open Space7 Maximum Impervious Surface Area8 Urban Residential < 6.22 Dwelling Units per Acre 50% 60% 35% See Table 17.44.025-2 Urban Residential >6.22 Dwelling Units per Acre 50% 60% 20% See Table 17.44.025-2 Multi-Family9,10 40% 80% 20% See Table 17.44.025-2 Table 17.44 025 Notes. 1 LID projects shall meet the minimum peak and duration flow controls standards per the Department of Ecology Stormwater Management Manual for Western Washington, current edition. 2 Flow control facilities may be reduced in size through compliance with the most current version of the Stormwater Management Manual For Western Washington Appendix III- C. 3 Water quality treatment BMPs shall be provided to treat 91 percent of the annual runoff volume per the Department of Ecology standards. 4 All site soils disturbed during construction shall be rehabilitated to the specifications of the most current version of the Stormwater Management Manual For Western Washington. 5 The volume reduction in Table 17.44.025-1 represents a reduction as compared to the volume needed for a detention pond serving a standard development. 6 Infiltration rates are as measured in the field at the proposed PLID location using techniques recommended in the Stormwater Management Manual for Western Washington and the Low Impact Technical Guidance Manual for Puget Sound. 7 Vegetated open space includes native, undisturbed areas, or rehabilitation of previously disturbed areas. Vegetated open space may integrate passive recreation facilities. Active recreation areas shall not count towards vegetated open space total. 8 Impervious areas include all hard surfaces that impede infiltration of rainfall into the underlying soil profile as defined in Section 17.44.015 E. 9 Multi-family projects are those projects containing more than two dwelling units attached in a single structure, regardless of ownership mechanism. 10 Multi-family and commercial projects must use pervious pavement for at least 20 percent of all paved surfaces. A. Conformance to the following criteria is required for all developments reviewed under the provisions of this chapter: TABLE 17.44.025-11,2,3,4 Maximum Detention Structure Reduction (Infiltration 0.30 in/hr)5,6 Maximum Detention Structure Reduction (Infiltration of > 0.30 in/hr)5,6 Minimum Vegetated Open Space71 Maximum Impervious Surface Area82 Urban Residential < 6.22 Dwelling Units per Acre 50% 60% 35% See Table 17.44.025-2 Urban Residential >6.22 Dwelling Units per Acre 50% 60% 20% See Table 17.44.025-2 Multi-Family9,10 3,4 40% 80% 20% See Table 17.44.025-2 Table 17.44 025 Notes. 1 LID projects shall meet the minimum peak and duration flow controls standards per the Department of Ecology Stormwater Management Manual for Western Washington, current edition. 2 Flow control facilities may be reduced in size through compliance with the most current version of the Stormwater Management Manual For Western Washington Appendix III- C. 3 Water quality treatment BMPs shall be provided to treat 91 percent of the annual runoff volume per the Department of Ecology standards. 4 All site soils disturbed during construction shall be rehabilitated to the specifications of the most current version of the Stormwater Management Manual For Western Washington. 5 The volume reduction in Table 17.44.025-1 represents a reduction as compared to the volume needed for a detention pond serving a standard development. 6 Infiltration rates are as measured in the field at the proposed PLID location using techniques recommended in the Stormwater Management Manual for Western Washington and the Low Impact Technical Guidance Manual for Puget Sound. 71 Vegetated open space includes native, undisturbed areas, or rehabilitation of previously disturbed areas. Vegetated open space may integrate passive recreation facilities. Active recreation areas shall not count towards vegetated open space total. 82 Impervious areas include all hard surfaces that impede infiltration of rainfall into the underlying soil profile as defined in Section 17.44.015 E17.08. 93 Multi-family projects are those projects containing more than two dwelling units attached in a single structure, regardless of ownership mechanism. 104 Multi-family and commercial projects must use pervious permeable pavement for at least 20 percent of all paved surfaces, where feasible. Amend existing language Develop new language No change Minimum requirement #5 now requires implementation of LID BMPs where feasible. These requirements are provided in the City’s Urban Services Standards and Guidelines. Deleting definition of impervious areas since it already refers to the definition in Section 17.08. Updating terminology and adds feasibility language to permeable pavement note. PAMC Title 17 – Zoning 14 6/24/16 Section/Page Reference Existing Text Proposed Revisions to Existing Text Preferred Approach Section 17.44.025 Performance standards (Page 127 of 175) B.2. All PLID projects shall provide a maintenance plan/program for the low impact stormwater facilities and techniques that have been approved by the City and meets the most current version of the Stormwater Management Manual for Western Washington. B.2. All PLID projects shall provide a maintenance plan/program for the low impact development stormwater facilities and techniques that have been approved by the City and meets the most current version of the Stormwater Management Manual for Western Washington stormwater requirements for new development and redevelopment projects in Chapter 5 and 6 of the City of Port Angeles Urban Services Standards and Guidelines manual. Amend existing language Develop new language No change Updating terminology Section 17.44.050 Design and development standards (Page 128 of 175) C. Building height. Minimize building footprint. Building height may exceed the standard in the underlying zone to a maximum of ten percent; provided that the project design protects adjacent uses both inside and outside of the PLID from adverse impacts on privacy, light, air and significant public views. C. Building height. Minimize building footprint. Building height may exceed the standard in the underlying zone to a maximum of ten twenty percent; provided that the project design protects adjacent uses both inside and outside of the PLID from adverse impacts on privacy, light, air and significant public views. Amend existing language Develop new language No change Updating building height incentive to 20% since a 10% increase would not allow for a full additional floor. Section 17.44.050 Design and development standards (Page 129 of 175) F. The following standards shall apply to all PLIDs: 1. All street and utility improvements shall be constructed to standards specified by the City of Port Angeles. Private street widths may vary from widths required in the Subdivision Regulations, and interior streets may be either public or private. Streets intended to be dedicated to the City must meet minimum standards set forth in the City of Port Angeles Urban Standards and Guidelines manual. … 8. All PLIDs shall comply with the goals and policies of the Port Angeles Comprehensive Plan. 9. The location of all streets, buildings, parking areas, pedestrian, bicycle and vehicular ways, and utility easements shall be designed to promote public safety, compatibility of uses, minimize effective impervious surface, preserve forested open space, and complement predevelopment site characteristics such as topography, soils, hydrology, and other natural features. F. The following standards shall apply to all PLIDs: 1. All street and utility improvements shall be constructed to standards specified by the City of Port Angeles. Private street widths may vary from widths required in the Subdivision Regulations, and interior streets may be either public or private. Streets intended to be dedicated to the City must meet minimum standards set forth in the City of Port Angeles Urban Standards and Guidelines manual. … 10. All PLIDs shall comply with the stormwater requirements for new development and redevelopment projects in Chapter 5 and 6 of the City of Port Angeles Urban Services Standards and Guidelines manual. Amend existing language Develop new language No change Adding a reference to stormwater requirements in the Urban Services Standards and Guidelines. Section 17.44.060 Site assessment (Page 129-130 of 175) Low impact development site design is intended to mimic the predevelopment hydrologic conditions on the site. The development context shall be established by an initial site assessment consistent with the requirements of section 17.44.160 PAMC. The initial inventory and assessment process will provide the baseline information necessary to design strategies that preserve natural resources, preserve area s most appropriate to evaporate, transpire, and infiltrate stormwater, and achieve the goal of maintaining pre- development natural hydrologic conditions on the site. The assessment will result in a series of maps identifying streams, lakes, wetlands, buffers, steep slopes, and other hazard areas, significant wildlife habitat areas, and permeable soils offering the best available infiltration potential. Maps can be combined as hard copies or as GIS layers to delineate the best areas to locate development. Those areas designated most appropriate for development, which will contain all impervious surfaces and landscaped areas on the site, should be configured to minimize soil and vegetation disturbance, buffer critical areas, and take advantage of a site's natural stormwater processing capabilities. Designated development area boundaries shall be delineated on site plans and identified on the site during site preparation and construction. Areas outside of the designated development area envelope shall be designated protected native growth areas or reserve areas. Low impact development site design is intended to mimic the predevelopment hydrologic conditions on the site. The development context shall be established by an initial site assessment consistent with the requirements of section 17.44.160 PAMC. Site assessment and feasibility of LID BMPs shall be determined per Chapter 5 of the City of Port Angeles Urban Services Standards and Guidelines manual. The initial inventory and assessment process will provide the baseline information necessary to design strategies that preserve natural resources, preserve area s most appropriate to evaporate, transpire, and infiltrate stormwater, and achieve the goal of maintaining pre-development natural hydrologic conditions on the site. The assessment will result in a series of maps identifying streams, lakes, wetlands, buffers, steep slopes, and other hazard areas, significant wildlife habitat areas, and permeable soils offering the best available infiltration potential. Maps can be combined as hard copies or as GIS layers to delineate the best areas to locate development. Those areas designated most appropriate for development, which will contain all impervious surfaces and landscaped areas on the site, should be configured to minimize soil and vegetation disturbance, buffer critical areas, and take advantage of a site's natural stormwater processing capabilities. Designated development area boundaries shall be delineated on site plans and identified on the site during site preparation and construction. Areas outside of the designated development area envelope shall be designated protected native growth areas or reserve areas. Amend existing language Develop new language No change Removing specific requirements in this section and adding a reference to stormwater requirements in the Urban Services Standards and Guidelines. PAMC Title 17 – Zoning 15 6/24/16 Section/Page Reference Existing Text Proposed Revisions to Existing Text Preferred Approach Section 17.44.080 Native soil protection and amendment (Page 130 of 175) A. The duff layer and native topsoils shall be retained in an undisturbed state to the maximum extent practicable. Any duff layer or topsoil removed during grading shall be stockpiled on-site in a designated, controlled area not adjacent to public resources and critical areas. The material shall be reapplied to other portions of the site where feasible. B. Except as otherwise provided in subsection 17.44.080.C, areas that have been cleared and graded or subject to prior disturbance shall be amended. Prior disturbance shall include soil compaction or removal of some or all of the duff layer or underlying topsoil. The amendment shall take place between May 1 and October 1. Replaced topsoil shall be a minimum of eight-inch depth, unless the applicant demonstrates that a different thickness will provide conditions equivalent to the soil moisture holding capacity native to the site. Replaced topsoil shall have a minimum organic content of ten percent dry weight and a pH between 5.5 and 7.0. The intent of amending disturbed soils is to restore the moisture holding capacity of the original undisturbed native soil to the maximum extent practicable. C. This section does not apply to areas within the dripline of trees proposed for retention, or that, at project completion, are covered by an impervious surface, incorporated into a drainage facility or engineered as structural fill or slope. A. The duff layer and native topsoils shall be retained in an undisturbed state to the maximum extent practicable. Any duff layer or topsoil removed during grading shall be stockpiled on-site in a designated, controlled area not adjacent to public resources and critical areas. The material shall be reapplied to other portions of the site where feasible. AB. Except as otherwise provided in subsection 17.44.080.C, areas that have been cleared and graded or subject to prior disturbance shall be amended meet the post- construction soil quality and depth requirements in the Department of Ecology’s SWMMWW (2014), or most recent update. Prior disturbance shall include soil compaction or removal of some or all of the duff layer or underlying topsoil. The amendment shall take place between May 1 and October 1. Replaced topsoil shall be a minimum of eight-inch depth, unless the applicant demonstrates that a different thickness will provide conditions equivalent to the soil moisture holding capacity native to the site. Replaced topsoil shall have a minimum organic content of ten percent dry weight and a pH between 5.5 and 7.0. The intent of amending disturbed soils is to restore the moisture holding capacity of the original undisturbed native soil to the maximum extent practicable. BC. This section does not apply to areas within the dripline critical root zone of trees proposed for retention, or that, at project completion, are covered by an impervious surface, incorporated into a drainage facility or engineered as structural fill or slope. Mulch shall be applied to any area within the critical root zone or dripline of trees where the duff layer and organic matter are removed. Amend existing language Develop new language No change Revising language to refer to the Ecology manual for post-construction soil quality and depth requirements. Revising language to avoid disturbance in the Critical Root Zone of trees, not just the drip line. Section 17.44.120 Circulation and access (Page 131 of 175) A.2. A vegetated bioretention swale with compost amended soils shall be provided within the right-of-way or in islands created by loop roadways. A.2. A vegetated bioretention facility swale with compost amended soils shall be provided within the right-of-way or in islands created by loop roadways. If a bioretention facility is not feasible, other LID facilities may be considered. Amend existing language Develop new language No change Updating terminology Allowing other LID facilities if bioretention is not feasible. Section 17.44.130 Parking (Page 131 of 175) Parking space requirements shall conform to the requirements of Chapter 14.40. If parking cannot be accommodated on site, common parking areas must be incorporated on approved privately maintained easement areas using pervious surfacing materials. Parking space requirements shall conform to the requirements of Chapter 14.40. If parking cannot be accommodated on site, common parking areas must be incorporated on approved privately maintained easement areas using pervious surfacing materials permeable pavement where feasible. Amend existing language Develop new language No change Updating terminology and adding feasibility language. PAMC Title 17 – Zoning 16 6/24/16 Section/Page Reference Existing Text Proposed Revisions to Existing Text Preferred Approach Section 17.44.140 Alternative surfacing methods (Page 132 of 175) Alternative surfacing including, but not limited to: paving blocks, bark or wood mulch, turf block, pervious concrete, porous asphalt, plastic or other material grid systems, and other similar approved materials are encouraged and may be approved for appropriate applications. Alternative surfacing methods may be approved for parking areas, emergency parking areas, private roads, fire lanes, road shoulders, bike paths, walkways, patios, driveways, and easement service roads where appropriate unless site constraints make use of such materials detrimental to water quality. Utilization of alternative surfacing methods shall be subject to review and approval by the City of Port Angeles Public Works and Utilities Department and Fire Marshal for compliance with other applicable regulations and development standards. Surfaces that comply with this section shall not be considered impervious surfaces under Section 17.44.020 PAMC. Alternative surfacing including, but not limited to: paving blocks, bark or wood mulch, turf block, pervious concrete, porous asphalt, plastic or other material grid systems, and other similar approved materials are encouraged and may be approved for appropriate applications. Alternative surfacing methods may be approved for parking areas, emergency parking areas, private roads, fire lanes, road shoulders, bike paths, walkways, patios, driveways, and easement service roads where appropriate unless site constraints make use of such materials detrimental to water quality. Utilization of alternative surfacing methods shall be subject to review and approval by the City of Port Angeles Public Works and Utilities Department and Fire Marshal for compliance with other applicable regulations and development standards. Surfaces that comply with this section shall not be considered impervious surfaces under Section 17.44.020 PAMC. Amend existing language Develop new language No change Permeable pavement is no longer considered to be an alternative surface and is required to be evaluated for most sites, so it was removed from this section. The final sentence was deleted since it does not match Ecology’s definition of what an impervious surface is. Section 17.44.160 Site assessment and concept plan (Page 132 of 175) The site design process for a PLID begins with an in-depth site assessment. The site assessment shall be a component of the project submittal. The site assessment shall include, at a minimum, the following: A. A site map prepared by a registered land surveyor, registered civil engineer or other professional licensed to conduct surveys showing location of all existing lot lines, lease areas and easements, and the location of all proposed lot lines, lease areas, and easements, existing public and private development, including utility infrastructure, on and adjacent to the site, major and minor hydrologic features, including seeps, springs, closed depression areas, drainage swales, and contours as follows: B. A soils report prepared by a geotechnical engineer or engineering geologist licensed in Washington State. The report shall identify: 1. Underlying soils on the site utilizing soil pits and soil grain analysis to assess infiltration capability on site. The frequency and distribution of soil pits shall be adequate to direct placement of the roads and structures away from soils that can most effectively infiltrate stormwater. 2. Topographic features that may act as natural stormwater storage or conveyance and underlying soils that provide opportunities for storage and partial infiltration. 3. Depth to groundwater. 4. Geologic hazard areas, stream ravines, the marine bluff and associated buffer requirements as defined in Chapter 15.20 PAMC. C. A survey of existing vegetation cover by a landscape architect licensed in Washington, arborist, or qualified biologist identifying any forest areas on the site, species and condition of ground cover and shrub layer, tree species, and canopy cover percentage. E. A survey of wildlife habitat by a qualified biologist. F. A streams, wetland, and water body survey and classification report by a qualified biologist showing wetland and buffer boundaries consistent with the requirements of Chapter 15.20 PAMC and 15.24 PAMC, if present. G. Flood hazard areas on or adjacent to the site, if present. H. Any known historic, archaeological, and cultural features located on or adjacent to the site, if present. Section 17.44.160 - Site assessment and concept plan The site design process for a PLID begins with an in-depth site assessment. The site assessment shall be a component of the project submittal. The site assessment shall include, at a minimum, the following: A. A site map prepared by a registered land surveyor, registered civil engineer or other professional licensed to conduct surveys showing location of all existing lot lines, lease areas and easements, and the location of all proposed lot lines, lease areas, and easements, existing public and private development, including utility infrastructure, on and adjacent to the site, major and minor hydrologic features, including seeps, springs, closed depression areas, drainage swales, and contours as follows: B. A soils report prepared by a geotechnical engineer or engineering geologist licensed in Washington State. The report shall identify: 1. Underlying soils on the site utilizing soil pits and soil grain analysis to assess infiltration capability on site. The frequency and distribution of soil pits shall be adequate to direct placement of the roads and structures away from soils that can most effectively infiltrate stormwater. 2. Topographic features that may act as natural stormwater storage or conveyance and underlying soils that provide opportunities for storage and partial infiltration. 3. Depth to groundwater. 4. Geologic hazard areas, stream ravines, the marine bluff and associated buffer requirements as defined in Chapter 15.20 PAMC. C. A survey of existing vegetation cover by a landscape architect licensed in Washington, arborist, or qualified biologist identifying any forest areas on the site, species and condition of ground cover and shrub layer, tree species, and canopy cover percentage. E. A survey of wildlife habitat by a qualified biologist. F. A streams, wetland, and water body survey and classification report by a qualified biologist showing wetland and buffer boundaries consistent with the requirements of Chapter 15.20 PAMC and 15.24 PAMC, if present. G. Flood hazard areas on or adjacent to the site, if present. H. Any known historic, archaeological, and cultural features located on or adjacent to the site, if present. Amend existing language Develop new language No change Delete entire section. A reference to the site assessment requirements in the City’s Urban Services Standards and Guidelines is already included in Section 17.44.060 where detailed information regarding the site assessment is included. PAMC Title 17 – Zoning 17 6/24/16 Section/Page Reference Existing Text Proposed Revisions to Existing Text Preferred Approach Section 17.44.180 Application materials required (Page 134 of 175) The application for a PLID shall contain the following: A. The name, location, and legal description of the proposed development, together with the names, addresses and telephone numbers of the recorded owners of the land and of the applicant and, if applicable, the names, addresses and telephone numbers of any land surveyor, architect, planner, designer, or engineer responsible for the preparation of the plan, and of any authorized representative of the applicant. … J. A preliminary storm drainage plan that meets the City of Port Angeles stormwater management manual, site development standards and NPDES permit requirements. The application for a PLID shall contain the following: A. The name, location, and legal description of the proposed development, together with the names, addresses and telephone numbers of the recorded owners of the land and of the applicant and, if applicable, the names, addresses and telephone numbers of any land surveyor, architect, planner, designer, or engineer responsible for the preparation of the plan, and of any authorized representative of the applicant. … J. A preliminary storm drainage plan Small Project Stormwater Plan or Large Project Stormwater Plan that meets Chapter 5 of the City of Port Angeles stormwater management Urban Services Standards and Guidelines manual, site development standards and NPDES permit requirements. Amend existing language Develop new language No change Updating reference to the new stormwater plan requirements in the Urban Services Standards and Guidelines. Section 17.44.190 Supplemental information (Page 135 of 175) A. A complete State Environmental Policy Act (SEPA) checklist. B. A traffic study prepared by an engineer licensed in Washington State, if required by the Public Works and Utilities Department at the preapplication conference. The traffic study does not need to be submitted with the application if an environmental impact statement is being prepared for the project and a traffic study will be completed for the EIS. This does not preclude the possibility that a traffic study may be required at a later stage in the process. C. The proposed method of providing long-term maintenance of improvements or facilities, including roads and sidewalks, drainage, on-site fire protection improvements, water and sanitation systems, and community or public open space. The purpose is to identify the method of maintenance, not to require detailed agreements. D. If the maintenance is to be provided privately, the developer shall indicate the organization to be established to provide the maintenance, and the method and approximate amount of funding required. E. Draft instruments for permanent preservation of protected native growth areas and maintenance of low impact drainage facilities. A. A complete State Environmental Policy Act (SEPA) checklist. B. A traffic study prepared by an engineer licensed in Washington State, if required by the Public Works and Utilities Department at the preapplication conference. The traffic study does not need to be submitted with the application if an environmental impact statement is being prepared for the project and a traffic study will be completed for the EIS. This does not preclude the possibility that a traffic study may be required at a later stage in the process. C. The proposed method of providing long-term maintenance of improvements or facilities, including roads and sidewalks, drainage, on-site fire protection improvements, water and sanitation systems, and community or public open space. The purpose is to identify the method of maintenance, not to require detailed agreements. Maintenance criteria for stormwater treatment and flow control facilities and LID BMPs shall be per Chapter 5 of the City of Port Angeles Urban Services Standards and Guidelines manual. D. If the maintenance is to be provided privately, the developer shall indicate the organization to be established to provide the maintenance, and the method and approximate amount of funding required. E. Draft instruments for permanent preservation of protected native growth areas and maintenance of low impact development drainage facilities. PAMC Title 17 – Zoning 18 6/24/16 Section/Page Reference Existing Text Proposed Revisions to Existing Text Preferred Approach Section 17.44.240 Final approval of PLID (Page 137 of 175) Application for final approval of a PLID shall be submitted to City Council within two years of the preliminary development plan approval; provided that for phased PLID's each phase shall have an additional one-year period for final approval; and provided further that an applicant may apply to the Planning Commission, and the Commission may approve, one or more one-year extensions as the Commission may deem appropriate. The site must be under one ownership prior to final approval by the Planning Commission and City Council. The application for final approval must be made by the owners of the entire site and shall include the following: A. A title report showing record ownership of the parcel or parcels upon which the PLID is to be developed. B. Adequate assurance for the retention and continued maintenance of stormwater management facilities, common open space, recreation facilities, and recreation structures. If development is to be done in phases, each phase must meet this requirement. C. Adequate assurance for the retention and continued maintenance of environmentally sensitive areas and their buffers. If development is to be done in phases, each phase must meet this requirement. D. Final development plans that shall be in compliance with the approved preliminary development plans. E. The final plat, if applicable, pursuant to Chapter 58.17 RCW and Chapter 16.08 PAMC. F. Development schedule. G. If bonding is proposed, the bond or other form of security acceptable to the City in an amount equal to 150 percent of the approved engineering estimate for the required improvements to complete the project or submitted phase, as required by the City. H. Covenants, conditions and restrictions and/or homeowners' association agreement. I. Mailing labels of property owners within 300 feet of the proposed project pursuant to section 17.96.140 PAMC. Application for final approval of a PLID shall be submitted to City Council within two years of the preliminary development plan approval; provided that for phased PLID's each phase shall have an additional one-year period for final approval; and provided further that an applicant may apply to the Planning Commission, and the Commission may approve, one or more one-year extensions as the Commission may deem appropriate. The site must be under one ownership prior to final approval by the Planning Commission and City Council. The application for final approval must be made by the owners of the entire site and shall include the following: A. A title report showing record ownership of the parcel or parcels upon which the PLID is to be developed. B. Adequate assurance for the retention and continued maintenance of stormwater management facilities, common open space, recreation facilities, and recreation structures. If development is to be done in phases, each phase must meet this requirement. C. Adequate assurance for the retention and continued maintenance of environmentally sensitive areas and their buffers. If development is to be done in phases, each phase must meet this requirement. D. Final development plans that shall be in compliance with the approved preliminary development plans. E. Final corrected plans (“as-builts”) that are stamped, signed, and dated by a licensed engineer registered in the state of Washington that accurately represent the stormwater infrastructure installed including bioretention facilities, permeable pavement, vegetated roofs, rainwater harvesting systems, and/or newly planted or retained trees for which a flow reduction credit was received. FE. The final plat, if applicable, pursuant to Chapter 58.17 RCW and Chapter 16.08 PAMC. GF. Development schedule. HG. If bonding is proposed, the bond or other form of security acceptable to the City in an amount equal to 150 percent of the approved engineering estimate for the required improvements to complete the project or submitted phase, as required by the City. IH. Covenants, conditions and restrictions and/or homeowners' association agreement. JI. Mailing labels of property owners within 300 feet of the proposed project pursuant to section 17.96.140 PAMC. Amend existing language Develop new language No change Adding a requirement for final corrected plans for specific stormwater elements of a PLID project. Section 17.45.090 Application procedure (Page 142 of 175) E.4. a. Common open space area (must be five percent of site); E.4. a. Common open space area, including any LID facilities (must be five percent of site); Amend existing language Develop new language No change Allowing LID facilities to be included in common open space requirements. Section 17.52.025 Development of towers (Page 149 of 175) Wireless Telecommunications Towers And Facilities 17. A full site plan shall be required for all towers, showing the location, the specific placement of the tower on the site, the type and height of the proposed tower, on- site land uses and zoning, adjacent land uses and zoning, adjacent roadways, proposed means of access, setbacks from property lines, elevation drawings of the proposed facility, the location of existing structures, trees, and other significant site features, the type and location of plant materials used to screen the facility, fencing, proposed color(s), and any other proposed structures. Consider allowing landscaping area requirement to be more flexible for meeting existing site conditions and allowing the incorporation of LID facilities. Optional: Consider grouping landscaping requirements by screening, stormwater facility, etc. instead of by zone. Amend existing language Develop new language No change Revisions to landscaping standards will be drafted later in 2016. The City is planning on revising landscaping requirements as recommended. PAMC Title 17 – Zoning 19 6/24/16 Section/Page Reference Existing Text Proposed Revisions to Existing Text Preferred Approach Section 17.52.030 Setbacks (Page 151 of 175) Wireless Telecommunications Towers And Facilities C. Unless exempt from section 17.52.020 PAMC, telecommunications facilities shall be setback at least 25 feet from each lot line. The Community and Economic Development Director may grant a waiver of up to 25 percent of the setback requirement if it is determined that significant trees and other vegetation will be retained by reducing the setback. Consider allowing landscaping area requirement to be more flexible for meeting existing site conditions and allowing the incorporation of LID facilities. Optional: Consider grouping landscaping requirements by screening, stormwater facility, etc. instead of by zone. Amend existing language Develop new language No change Revisions to landscaping standards will be drafted later in 2016. The City is planning on revising landscaping requirements as recommended. Section 17.52.060 Landscaping/stealth design (Page 152 of 175) Wireless Telecommunications Towers And Facilities All landscaping on a parcel of land containing towers, antenna support structures, or telecommunications facilities shall be in accordance with the applicable landscaping requirements in the zoning district where the tower, antenna support structure, or telecommunications facilities are located. The City may require on-site landscaping in excess of the requirements in the Zoning Code in order to enhance compatibility with adjacent land uses. Tower development shall preserve the pre-existing character of the site as much as possible. Towers and accessory equipment structures (equipment shelters and cabinets) shall be integrated through location, design, and color to blend in with the existing site characteristics to the extent practical. Existing vegetation around the facility shall be preserved to the extent possible or improved upon to provide vegetative screening. The perimeter of a wireless communication support structure and any guyed wires/anchors shall be enclosed by a fence or wall at least six feet in height. Evergreen trees shall be planted surrounding the support structure in a manner approved by the Community and Economic Development Director. In the RS-7 and RS-9 zones, the monopole or lattice tower must be screened by existing vegetation when possible. Additional screening may be required to mitigate visual impacts to adjacent properties or public rights-of-way as determined by site-specific conditions. Consider allowing landscaping area requirement to be more flexible for meeting existing site conditions and allowing the incorporation of LID facilities. Optional: Consider grouping landscaping requirements by screening, stormwater facility, etc. instead of by zone. Amend existing language Develop new language No change Revisions to landscaping standards will be drafted later in 2016. The City is planning on revising landscaping requirements as recommended. Section 17.94.100 Driveways (Page 159 of 175) Width, location, and number of curb-cuts for driveways per lot shall be determined by standards designed by the City's Department of Public Works and Utilities. Width, location, and number of curb-cuts for driveways per lot shall be determined by as specified in the City of Port Angeles Urban Services Standards and Guidelines manual standards designed by the City's Department of Public Works and Utilities. Amend existing language Develop new language No change Updating reference PAMC Title 17 – Zoning 20 6/24/16 Section/Page Reference Existing Text Proposed Revisions to Existing Text Preferred Approach Section 17.94.130 Lot Coverage Exemptions (Page 160 of 175) The following shall be exempt from the maximum lot coverage requirements of any zone: A. Sidewalks, driveways, and uncovered off-street parking spaces. B. The first 30 inches of eaves. C. Uncovered swimming pools and hot tubs. D. Uncovered, unenclosed decks and platforms not more than 30 inches above grade. E. Systems that allow the infiltration of stormwater into the underlying soils are not counted against lot coverage calculations. 1. On-site infiltration methods shall be evaluated individually by the Public Works and Utilities Department for effectiveness of reducing impact from stormwater. Applicants applying this exemption will be required to provide an operations and maintenance plan for approval. 2. All applicants seeking exemptions under this subsection are required to provide documentation from a certified engineer demonstrating the appropriateness of site conditions for use of pervious systems and participate in a pre-application project review meeting with City staff. The following shall be exempt from the maximum lot coverage requirements of any zone: F. Sidewalks, driveways, and uncovered off-street parking spaces. G. The first 30 inches of eaves. H. Uncovered swimming pools and hot tubs. I. Uncovered, unenclosed decks and platforms not more than 30 inches above grade. J. Systems that allow the infiltration of stormwater into the underlying soils, such as permeable pavement and bioretention facilities, are not counted against lot coverage calculations. 1. On-site infiltration methods shall be evaluated individually by the Public Works and Utilities Department for effectiveness of reducing impact from stormwater. Applicants applying this exemption will be required to provide an operations and maintenance plan for approval. 2. All applicants seeking exemptions under this subsection are required to provide documentation from a certified engineer demonstrating the appropriateness of site conditions for use of pervious systems and participate in a pre-application project review meeting with City staff. Amend existing language Develop new language No change An O&M plan and soil infiltration feasibility are already required components of a submittal for infiltration facilities. Simplified requirements in this section to participation in a pre-application review meeting. Section 17.94.135 Site Coverage Exemptions (Page 160 of 175) The following shall be exempt from the maximum site coverage requirements of any zone: A. Systems that allow the infiltration of stormwater into the underlying soils are not counted against site coverage calculations. On-site infiltration methods shall be evaluated individually by the Public Works and Utilities Department for effectiveness of reducing impacts from stormwater. Applicants applying this exemption will be required to provide an operations and maintenance plan for approval. B. All applicants seeking exemptions under this subsection are required to provide documentation from a certified engineer demonstrating the appropriateness of site conditions for use of pervious systems and participate in a pre-application review meeting with City staff. The following shall be exempt from the maximum site coverage requirements of any zone: A. Systems that allow the infiltration of stormwater into the underlying soils, such as permeable pavement and bioretention facilities, are not counted against exempt from the maximum site coverage requirements of any zone calculations. On-site infiltration methods shall be evaluated individually by the Public Works and Utilities Department for effectiveness of reducing impacts from stormwater. Applicants applying this exemption will be required to provide an operations and maintenance plan for approval. B. All applicants seeking exemptions under this subsection are required to provide documentation from a certified engineer demonstrating the appropriateness of site conditions for use of pervious systems and participate in a pre-application review meeting with City staff. Amend existing language Develop new language No change An O&M plan and soil infiltration feasibility are already required components of a submittal for infiltration facilities. Simplified requirements in this section to participation in a pre-application review meeting. Page 1 Title 11 - STREETS AND SIDEWALKS CHAPTER 11.02 - STREET CLASSIFICATIONS 11.02.010 - Purpose. The purpose of this chapter is to classify and designate streets within the City of Port Angeles as either principal arterials, minor arterials, collector arterials, or access streets, consistent with the City's Comprehensive Plan and Circulation Plan and with the State-Wide National Functional Classification System. (Ord. 3022 § 1 (part), 6/25/1999) 11.02.020 - Definitions. A. "Access streets" shall include all streets within the City, which are not designated in this chapter as principal, minor, or collector arterials and which generally have the following characteristics: 1. Permit direct access to abutting land uses; 2. Connect to higher class street systems; 3. Have a low level of mobility; 4. Discourage through traffic movement; 5. Consist of ten to 30 percent of travel volume and 65 to 80 percent of street mileage. B. "Arterials" or "arterial highways" shall include, for the purposes of RCW 46.04.030 and RCW 47.04.010(2), in all courts, but not by limitation, the principal arterials, minor arterials , and collector arterials designated in this chapter. C. "Collector arterials" shall include those streets designated in PAMC 11.02.050, which streets generally have the following characteristics: 1. Provide land access and street circulation within residential, commercial, and industrial areas; 2. Distribute trips from the arterial system to ultimate destinations and vice versa; 3. Consist of five to ten percent of travel volume and five to ten percent of street mileage. D. "Minor arterials" shall include those streets designated in PAMC 11.02.040, which streets generally have the following characteristics: 1. Interconnect and augment principal arterials; 2. Serve trips of shorter distance and lower level of mobility than principal arterials; 3. Have more emphasis on land access; 4. Do not usually penetrate identifiable neighborhoods; 5. Consist of five to 40 percent of travel volume and five to 20 percent of street mileage. E. "Principal arterials" shall include those streets designated in PAMC 11.02.030, which streets generally have the following characteristics: 1. Serve major centers of activity and highest traffic volume corridors; 2. Serve most trips entering or leaving urban area; Page 2 3. Serve significant intra-urban travel between major suburban or business districts; 4. Have fully and/or partially controlled access; 5. Consist of 40 to 65 percent of travel volume and five to ten percent of street mileage. (Ord. 3022 § 1 (part), 6/25/1999) 11.02.030 - Principal arterials. The following streets and parts of streets within the City are hereby designated as principal arterial streets: 1. Front Street from Golf Course Road to Lincoln Street. 2. First Street from Lincoln Street to east City limits. 3. Lincoln Street from Front Street to Lauridsen Boulevard. 4. Lauridsen Boulevard from Lincoln Street to Cherry Street. 5. State Highway 101 from Cherry Street to west City limits. 6. Race Street from Front Street to Mt. Angeles Road. (Ord. 3022 § 1 (part), 6/25/1999) 11.02.040 - Minor arterials. The following streets and parts of streets within the City are hereby designated as minor arterial streets: 1. 8th Street from Race Street to "C" Street. 2. "C" Street from 8th Street to Lauridsen Boulevard. 3. Lauridsen Boulevard from Lincoln Street to Race Street. 4. Front Street from Lincoln Street to Cherry Street. 5. First Street from Lincoln Street to Valley Street. 6. Marine Drive from Cherry Street to Tumwater Truck Route (SR-117). 7. Tumwater Truck Route (SR-117) from Marine Drive to south City limits. 8. Golf Course Road from First Street to Bonneville Power Administration easement. 9. Future White's Creek crossing from Race Street to Golf Course Road. (Ord. 3022 § 1 (part), 6/25/1999) 11.02.050 - Collector arterials. The following streets and parts of streets within the City are hereby designated as collector arterial streets: 1. Chambers Street from Front Street to 8th Street. 2. Golf Course Road from Bonneville Power Administration easement to south City limits. 3. Mt. Angeles Road from Heart of Hills parkway to south City limits. 4. Ennis Street from former Rayonier mill site to Lauridsen Boulevard. Page 3 5. Eunice Street from 8th Street to Lauridsen Boulevard. 6. Fairmont Avenue from SR-101 to Lauridsen Boulevard. 7. Peabody Street from Front Street to Ahlvers Road. 8. Old Mill Road from Ahlvers Road to south City limits. 9. Laurel Street from Lauridsen Boulevard to Ahlvers Road. 10. Cherry Street from 2nd Street to 15th Street. 11. Valley Street from First Street to 2nd Street. 12. Pine Street from 8th Street to south City limits. 13. Pine Street extension from Pine Street to SR-101. 14. Cedar Street from Marine Drive to 8th Street. 15. Tumwater Street from Marine Drive to 5th Street. 16. "C" Street from 5th Street to 8th Street. 17. "I" Street from 5th Street to 16th Street. 18. "L" Street from 4th Street to 5th Street. 19. "M" Street from 4th Street to 18th Street. 20. "N" Street from 4th Street to 18th Street. 21. "L" Street from 18th Street to Lauridsen Boulevard. 22. Milwaukee Drive from "N" Street to west City limits. 23. 2nd Street from Cherry Street to Marine Drive. 24. Marine Drive from Tumwater Truck Route to Daishowa America mill site. 25. Ediz Hook Road from Daishowa America mill site to Coast Guard air station. 26. Hill Street from Marine Drive to "L" Street. 27. 4th Street from "L" Street to "N" Street. 28. 5th Street from Ennis Street to Cherry Street. 29. 5th Street from Tumwater Street to "L" Street. 30. 8th Street from "C" Street to "I" Street. 31. 8th Street from Race Street to Chambers Street. 32. 10th Street from "I" Street to Milwaukee Drive. 33. "O" Street from 10th Street to 18th Street. 34. Campbell Avenue from Mt. Angeles Road to Porter Street. 35. Porter Street from Campbell Avenue to Park Avenue. 36. 16th Street from "C" Street to "I" Street. 37. 18th Street from "I" Street to City landfill. 38. Lauridsen Boulevard from Tumwater Truck Route to west City limits. 39. Lauridsen Boulevard from Race Street to Ennis Street. 40. Park Avenue from Laurel Street to Liberty Street. 41. Liberty Street from Park Avenue to Lauridsen Boulevard. Page 4 42. Ahlvers Road from Laurel Street to Peabody Street. 43. 15th Street from Cherry Street to Lauridsen Boulevard. 44. Future Airport Road from Lauridsen Boulevard to south City limits. (Ord. 3022 § 1 (part), 6/25/1999) CHAPTER 11.08 - CONSTRUCTION OR EXCAVATION WORK WITHIN RIGHTS-OF-WAY 11.08.010 - Definitions. All definitions of terms in Title 11 of the Port Angeles Municipal Code and the following definitions apply to the provisions of this chapter, unless the context shall indicate otherwise: A. "Applicant" means any person making application for a permit for construction or excavation work, pursuant to the terms of this chapter. B. "City" means the City of Port Angeles. C. "City Council" or "Council" means the City Council of the City. D. "City Engineer" means the City Engineer of the City of Port Angeles. E. "Construction" or "excavation" means the act of opening, excavating, or in any manner disturbing or breaking the surface or foundation of any permanent pavement of the ground; the establishment or alteration of any established grade or street; and the maintenance or removal of a sidewalk or crosswalk, pavement, sewers, water mains, street lighting or appurtenances thereto, and the planting or removal of street trees. F. "Easement" means any easement granted to the City for access to or for public utilities. G. "Person" means any person, firm, partnership, association, corporation, company, service provider or non service provider as defined under Chapter 11.14, or organization of any kind. H. "Permittee" means any person holding a permit from the City of Port Angeles for the performance of any construction or excavation work within a right-of-way of the City. I. "Right-of-way" means: 1. A dedicated or owned right-of-way or easement of the City within the boundaries 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 or approved street tree or landscaping. A right-of-way or easement is included within the definition of "right-of-way" whether such right-of-way or easement is currently used or not; or 2. Land acquired or dedicated for a street, highway, sidewalk, alley, avenue or other structure used for pedestrian or vehicular traffic, or a utility structure or appurtenance and easements for which, under City ordinances and other applicable laws, the City has authority to grant use permits, master permits, franchises, licenses or leases for use thereof or has regulatory authority thereover, and which may be more specifically defined in the master permit, license or lease granting any right to or use thereof. J. "Permit, use permit, right-of-way use permit, or right-of-way construction permit" refer to the legal authorization, in addition to a master permit, to enter and use a specified portion of the City's rights-of-way for the purpose of installing, repairing, or removing identified facilities. K. "Work" means any construction or excavation within a right-of-way of the City. "Work" does not include routine maintenance or new service connection drops to customers, unless such Page 5 maintenance or service connection drops are new pole attachments or disturb the other joint pole users or the roadbed or in any substantial manner obstruct the flow of traffic. (Ord. 3366 § 1, 6/26/2009; Ord. 3087 § 1 (part), 6/29/2001; Ord. 2166 § 1, 9/1/1981) 11.08.020 - Permit—Required. It is unlawful for any person to perform any work in a City right-of-way without first having obtained a permit therefor from the City Engineer as provided in this chapter. A. The City may require that a service provider constructing, relocating, or placing ducts or conduits in public rights-of-way provide the City with additional ducts or conduits and related structures necessary to access the conduit, consistent with RCW 80.36.150. B. Notwithstanding any other provision of this chapter, the City may negotiate an agreement with a service provider constructing, relocating, or placing ducts or conduits in public rights-of-way to provide the City with additional ducts or conduits and related structures necessary to access the conduit. (Ord. 3087 § 1 (part), 6/29/2001; Ord. 3018 § 1 (part), 5/14/1999; Ord. 2166 § 2, 9/1/1981) 11.08.030 - Permit—Limitation. No application for a permit shall be received, nor shall any permit be issued, other than to a licensed and bonded contractor of the State; provided, that if all work to be done under a permit is outside the outer boundaries of a traveled and improved street, highway, or avenue, and the fair market value of the work is equal to or less than $3,500.00, then a permit may be issued to other than a lic ensed and bonded contractor. (Ord. 3018 § 1 (part), 5/14/1999; Ord. 2166 § 3, 9/1/1981) 11.08.040 - Permit—Application. A. A written application for the issuance of a permit shall be submitted to the City Engineer, on a form and in a manner required by him. B. At a minimum, the application shall state the name and address of the applicant, the nature, location, and purpose of the work to be performed, the name of the person who will perform the work, the date of commencement and date of completion of the work, and such other data as may reasonably be required by the City Engineer. C. The City Engineer may require that the application be accompanied by plans and/or specifications showing the extent of the proposed work, the dimensions and elevations of the existing ground prior to any excavation, and of the other proposed elevated surfaces, the location of the work, and such other information as may reasonably be required by the City Engineer. D. The application shall be accompanied by the permit and inspection fees required by this chapter. (Ord. 3018 § 1 (part), 5/14/1999; Ord. 2662 § 1, 12/27/1991; Ord. 2166 § 4, 9/1/1981) 11.08.050 - Permit—Application processing. A. Notwithstanding any other provision of this chapter, the City must act on a request for a use permit or right-of-way construction permit within 30 days of receipt of a completed application, unless the Page 6 applicant consents to a different time period or the applicant has not obtained yet a master permit required by the City. B. The City Engineer shall examine each application to determine if it complies with the provisions of this chapter. The City Engineer shall cause to be inspected the premises which are desired to be used, or otherwise ascertain any facts which may aid in determining whether a permit shall be granted. C. If the City Engineer finds that the application conforms to the requirements of this chapter, and that the proposed work will not unduly interfere with the right of the public in the right-of-way, he may grant the permit. D. If an application is denied, the applicant may appeal the denial by the City Engineer to the City Manager. The City Manager shall review the application, to ascertain that the denial is based upon nonconformance of the application with the terms of this chapter, and/or a determination that the proposed work will interfere with the rights of the public in the right-of-way. E. If the City Manager upholds the denial of the permit, the applicant may appeal the denial to the City Council. The City Council shall review the application, on the same basis as the application was reviewed by the City Manager. (Ord. 3366 § 1, 6/26/2009; Ord. 3087 § 1 (part), 6/29/2001; Ord. 3018 § 1 (part), 5/14/1999; Ord. 2166 § 5, 9/1/1981) Editor's note— The last sentence of 11.08.050(E) was corrected to reflect the intent of Ordinance 3366. 11.08.060 - Permit—Fee. A permit fee shall be charged by the City for the issuance of a permit for work in a right-of-way, which fee shall be in addition to all other fees for permits or charges relative to any proposed work and shall include the cost of restoration. The amount of such fee shall be established by the City Council by resolution, and may be changed by further resolution from time to time as may be necessary. (Ord. 2745 § 2, 1/29/1993; Ord. 2166 § 6, 9/1/1981) 11.08.065 - Inspection—Fee—Deposit required. After approval of the plans and specifications, the City Engineer shall provide the applicant with an estimate of the construction inspection fee which shall be separate from and in addition to any permit fee. A permit for construction will be issued only after the permit fee has been paid and deposit of the inspection fee has been made with the City Treasurer. If the City Engineer determines that the remaining funds on deposit are not adequate to pay for the inspections required to project completion, the applicant will be so notified and provided with an estimate of the amount of additional fee deposit required. This additional fee shall be deposited with the City Treasurer prior to depletion of the funds on deposit. Any monies unexpended from the deposit shall be refunded to the depositor upon completion and acceptance of the project. (Ord. 2662 § 2, 12/27/1991) 11.08.070 - Permit—Form. A. The City shall provide each permittee a written permit. B. It shall be the duty of the permittee hereunder to keep the permit posted in a conspicuous place at the site of the work. Page 7 C. It is unlawful for any person to exhibit such permit at or about any excavation not covered by such permit, or to misrepresent the number of the permit, or the date of the expiration of the permit. (Ord. 2166 § 7, 9/1/1981) 11.08.080 - Permit requirement—Exemptions. The following work shall not require a permit: A. Any work performed by or under the direction of the City Engineer of the City, including work performed by employees of the City or any person contracting with the City; B. Any work within the external boundaries of a subdivision, for which approval has been given by the Council or other approving authority of the City. (Ord. 2166 § 8, 9/1/1981) 11.08.090 - Performance bond required—Work in excess of thirty-five hundred dollars. A permittee doing work whose fair market value is greater than $3,500.00 shall provide assurance to the City of completion of that work, by one of the following methods: A. Furnishing a performance bond, approved as to surety by the City Manager and as to form by the City Attorney, which bond shall be conditioned upon faithful completion of that portion of the work performed pursuant to the permit which will require completion by the City should the permittee or his contractor default. The amount of such bond shall be determined by the City Engineer; B. Furnishing to the City an assignment of a savings account, or the placing in trust, of an amount determined by the City Engineer to be sufficient to assure completion of the work. This savings account or trust shall be conditioned so that no amount may be removed therefrom without prior written approval of the City, and shall further provide that, if the work is not performed within the time limit set by the permit, or not done to the satisfaction of the City, then the City may withdraw from the savings account or trust the amount necessary to complete the work. (Ord. 3018 § 1 (part), 5/14/1999; Ord. 2166 § 9, 9/1/1981) 11.08.100 - Permittee—Indemnity to save the City harmless from claims. As a condition of permit issuance, a permittee shall agree to save and hold the City harmless from, and defend the City against, any claims for personal injury or property damage arising out of or in any way connected with, the performance by the permittee of any work within the rights-of-way of the City pursuant to the issued permit. (Ord. 2166 § 10, 9/1/1981) 11.08.110 - Permittee—Liability insurance required. A. Any permittee receiving a permit under the terms of this chapter, the fair market value of which is $3,500.00 or less, shall provide to the City satisfactory proof of the existence of a comprehensive liability insurance policy, in an amount and form determined by the City Engineer or City Attorney, but in no event providing coverage of less than $50,000.00 for personal injury to any one person, $100,000.00 for injury to more than one person arising out of the same incident, and $20,000.00 for Page 8 property damage, against claims arising pursuant to permits issued pursuant to this chapter. The City shall further be provided with an endorsement to such policy, naming the City as an additional insured. B. Any permittee receiving a permit under the terms of this chapter, the fair market value of which is over $3,500.00, shall provide to the City satisfactory proof of the existence of a comprehensive liability insurance policy, in an amount and form determined by the City Engineer or City Attorney, but in no event providing coverage of less than $200,000.00 for personal injury to any one person, $500,000.00 for injury to more than one person arising out of the same incident, and $100,000.00 for property damage, against claims arising pursuant to permits issued pursuant to this chapter. The City shall further be provided with an endorsement to such policy, naming the City as an additional insured. (Ord. 3018 § 1 (part), 5/14/1999; Ord. 2166 § 11, 9/1/1981) 11.08.120 - Work—Applicable standards—Generally. Except as otherwise provided in this chapter, all work performed pursuant to a permit issued pursuant to this chapter shall be done in accordance with the Standard Specifications for Road, Bridge and Municipal Construction issued by the Washington State Chapter of the American Public Works Association and Department of Transportation, current edition, and the City of Port Angeles Urban Services Standards and Guidelines Manual. (Ord. 3366 § 1, 6/26/2009; Ord. 2745 § 3, 1/29/1993; Ord. 2166 § 12, 9/1/1981) 11.08.130 - Additional specifications—Sidewalks. Where there is an existing cement concrete curb, any sidewalk installed or repaired in that location shall be constructed only with cement concrete, permeable pavement, or any equally satisfactory material approved by the City Engineer. (Ord. 2166 § 13, 9/1/1981) 11.08.140 - Additional specifications—Driveways. Driveways shall be constructed in accordance with the following specifications: A. The maximum single driveway width for commercial or multi-family properties lot frontage of 75 feet or less shall not exceed 2524 feet at the curb, excluding transitions. B. The maximum single driveway width for lot frontage exceeding 75 feet shall not exceed 30 feet at the curb, excluding transitions. The maximum single driveway width for single-family residential properties shall not exceed 18 feet at the curb, excluding transitions. C. The minimum single driveway width shall be 1210 feet at the curb, excluding transitions. D. Where two or more adjoining driveways are provided for the same property, a full curb height safety island of not less than 15 feet, at the curb, must be provided. The safety island can be vegetated with grass or landscaping, or planted with trees. If the safety island must be paved, permeable pavement should be used if feasible. E. No driveway apron shall extend into the street further than the face of the curb. F. No driveway shall be located within 25 feet, including transitions, of a regular crosswalk area at an intersection or any other designated crosswalk area. G. No driveway shall be located within ten feet, including transitions, of a side lot line. Page 9 H. No driveway may be located so as to conflict with power poles, street lights, fire hydrants, established street tree, or other above-ground public facilities. I. Two-track driveway designs are allowed and encouraged on private property. (Ord. 3366 § 1, 6/26/2009; Ord. 2886 § 1, 9/15/1995; Ord. 2166 § 14, 9/1/1981) 11.08.150 - Additional specifications—Driveways—Restoration. Whenever an existing driveway is abandoned, relocated or ceases to be used as a driveway, the curb opening provided shall be restored to normal curb height in a manner satisfactory to the City Engineer, within 30 days after notification by the City Engineer that restoration shall occur. Such restoration shall be the responsibility of the property owner of record, and shall be performed pursuant to a permit issued under the terms of this chapter. (Ord. 2166 § 15, 9/1/1981) 11.08.160 - Additional specifications—Driveways—Materials. A. All residential driveways shall be constructed of pervious concrete per ACI 522.1-13 (preferred); Class 3000 cement concrete, not less than six inches thick; or porous asphalt as specified on a project-by- project basis by the engineer. Exposed aggregate work or special surface treatment shall not be allowed in public right-of-way. Driveways shall be constructed in conformance with the standard specifications adopted by this chapter. B. All commercial or industrial driveways shall be constructed in accordance with specifications provided by the City Engineer. C. All driveways shall slope upward from the gutter at not less than one-quarter inch to one foot. Curb height at a depressed driveway shall be one-half inch. (Ord. 2886 § 2, 9/15/1995; Ord. 2166 § 16, 9/1/1981) 11.08.170 - Additional specifications—Driveways—Exceptions. The City Engineer, upon application, may grant special permission to construct driveways deviating from the specifications of this chapter. Before granting such permission, the City Engineer shall affirmatively determine that the public use of a street or sidewalk will not be adversely affected by such special permission, and that such special permission shall have no effect upon the safety of the public using the street or sidewalk. (Ord. 3366 § 1, 6/26/2009; Ord. 2166 § 17, 9/1/1981) 11.08.180 - Performance of work—Traffic routing responsibilities. A. The permittee shall take appropriate measures to assure that, during the performance of the work, pedestrian and vehicular traffic conditions as nearly normal as possible shall be maintained at all times, so as to cause as little inconvenience as possible to the occupants of the abutting property and to the general public. B. The City Engineer may permit the closing of streets to all traffic for a period of time prescribed by him, if in his opinion it is necessary for completion of the permitted work. The following procedure shall be followed before any street may be closed or restricted to traffic: Page 10 1. Permittee shall receive the approval of the City Engineer and Police Department; 2. Permittee shall notify the Chief of the Fire Department of the street so closed; 3. The permittee shall route and control traffic as directed by the City Engineer and Police Department; 4. Upon completion of the construction work, the permittee shall notify the City Engineer, the City Police Department and Fire Department of the return of the street to normal operation; 5. If determined necessary by the City Engineer, flagmen or other protective measures shall be furnished by the permittee, at his expense, during the period of closure. Should it be necessary to provide a detour for traffic, and no existing street exists for such detour, the permittee shall construct a necessary detour at his expense, in conformity with the terms of this chapter. (Ord. 2166 § 18, 9/1/1981) 11.08.190 - Performance of work—Traffic protection responsibilities. A. The permittee shall erect and maintain suitable barriers to prevent earth from trenches or other excavations from encroaching upon the streets, except as may be reasonably necessary for execution of the work. B. As determined by the City Engineer, the permittee may be required to construct and maintain adequate and safe crossings over excavations of streets under improvement, to permit continued vehicular and pedestrian traffic to use the street or street intersection. Such crossings shall, at a minimum, be constructed and maintained of plank, timbers, and blocking of adequate size to accommodate vehicular and pedestrian traffic with safety. (Ord. 2166 § 19, 9/1/1981) 11.08.200 - Performance of work—Fire facilities clearance required. Any work performed pursuant to this chapter shall be performed and conducted so as not to interfere with access to fire stations and fire hydrants. Materials or other obstructions shall not be placed within 15 feet of fire hydrants. Passageways leading to fire escapes or firefighting equipment shall be kept free of all obstructions. (Ord. 2166 § 20, 9/1/1981) 11.08.210 - Performance of work—Adjoining property protection requirements. A. Permittee shall, at all times, at his expense, preserve and protect from injury any public or private property adjoining the location of the work, by taking all necessary measures for such purpose. B. If it is necessary for the proper performance of the work that adjoining property be entered upon, the permittee shall obtain a license or other permission from the owner of said property for such purposes. Such license or permission shall be presented to the City Engineer as a portion of the application for the permit, and the City Engineer shall not issue a permit until such time as all necessary licenses have been obtained and presented to him. (Ord. 2166 § 21, 9/1/1981) 11.08.220 - Performance of work—Utility facilities protection requirements. Page 11 A. Permittee shall not interfere with any existing utilities without the written consent of the utility company or person owning the utility. B. If it is necessary to remove an existing utility, this shall be done by the owner, at the expense of the permittee. C. The permittee shall support and protect, by timbers or otherwise, all pipes, conduits, poles, wires or other apparatus which may in any way be affected by the work, and do everything necessary to support, sustain and protect those facilities. D. In case any of such utilities shall be damaged by the work, it shall be repaired by the owner thereof, at the expense of the permittee. E. The permittee shall inform itself, prior to commencing work, as to the existence and location of all underground utilities and protect the same against damage, in accordance with the provisions of this section. (Ord. 2166 § 22, 9/1/1981) 11.08.230 - Liability for damage to streets. A. The permittee will be responsible for all damage of any kind to the streets or highways of the City as a result of performance of work under the terms of the permit granted pursuant to this chapter, including damage done by mobile equipment required to be present at the site. B. All damage shall be repaired by the permittee, or if the City Engineer determines, such damage shall be repaired by the City, and the cost thereof shall be billed to the permittee. C. If, upon being ordered to repair the damage, the permittee fails to furnish the necessary labor and materials for the repairs, the City shall have the authority to cause such labor and materials to be furnished by the City and the cost shall be charged against the permittee. (Ord. 2166 § 23, 9/1/1981) 11.08.235 - Excavations. It is unlawful for any person to leave unguarded any excavation within four feet of any street or other public place, or to fail to maintain the lateral support of any such public place. (Ord. 2229 § 20(2), 9/5/1982; Ord. 1005 § 15, 7/15/1934) 11.08.240 - Protective measures, barriers, and lights required. A. The permittee shall erect such fence, railing or barriers about the site of the excavation work and shall prevent danger to persons using the City streets or sidewalks, and such protective barriers shall be maintained until the work shall be completed or the danger removed. One-half hour before sunset, there shall be placed upon such place of excavation, excavated materials, and upon the protective barriers, suitable and sufficient lights which shall be kept burning throughout the night during the maintenance of such obstructions. B. It is unlawful for anyone to remove or tear down the fence or railing or other protective barriers or any lights provided there for the protection of the public. (Ord. No. 3478, § 2, 5-21-2013; Ord. 2166 § 24, 9/1/1981) Page 12 11.08.250 - Excavated material maintenance requirements. A. All material excavated from trenches and piled adjacent to the trench or in any street shall be properly maintained in such manner as not to endanger those working on the trench, pedestrians or users of the streets, so that as little inconvenience as possible is caused to those using the streets and adjoining property. B. Where the confines of the area being excavated are too narrow to permit the piling of excavated materials beside the trench, the City Engineer shall have the authority to require that the permittee haul the excavated material to a storage site, and then rehaul it to the trench site at the time of backfilling. It is the permittee's responsibility to secure the necessary permission and make all necessary arrangements for all required storage and disposal. (Ord. 2166 § 25, 9/1/1981) 11.08.260 - Cleanup requirements. A. At the conclusion of the work at a particular site, all streets and private property shall be thoroughly cleaned of all rubbish, excess earth, rock and other debris resulting from such work. B. Such cleanup work shall be performed within 24 hours of conclusion of the work, or as otherwise directed by the City Engineer, and at the expense of the permittee. Should the permittee, after having received an order to do so, failed to clean up such refuse, such work shall be done by the City, either by itself or by contractor, and the cost thereof charged to the permittee. (Ord. 2166 § 26, 9/1/1981) 11.08.270 - Watercourses, sewers and drains—Protection. A. The permittee shall provide for the flow of all watercourses, sewers or drains which are involved in the work, and shall replace the same in as good condition as it found them or shall make such provisions for them as the City Engineer may direct. B. The permittee shall not obstruct the gutter of any street, but shall use all proper measures to provide for the free passage of surface water. C. The permittee shall make provisions to take care of all surplus water, muck, silt, or other runoff pumped or resulting from the work, and shall be responsible for any damages resulting from his failure to so provide. D. The permittee shall manage stormwater impacts associated with construction activities as described in Volume II of the Department of Ecology's SWMMWW (2014). (Ord. 2166 § 27, 9/1/1981) 11.08.280 - Breaking through existing pavement. A. If, in the performance of any work, it is necessary to break through existing pavement, the pavement shall be removed to at least six inches beyond the outer limits of any subgrade that is to be disturbed, in order to prevent settlement, and a six-inch shoulder of undisturbed material shall be provided on each side of the excavated trench. Pavement shall be vertical. B. A power driven concrete saw shall be used so as to prevent complete breakage of concrete pavement or base without ragged edges. Asphalt paving shall be scored or otherwise cut in a straight line. No pile driver may be used in breaking up existing pavement. Page 13 (Ord. 2166 § 28, 9/1/1981) 11.08.290 - Tunnels. Tunnels under pavement shall not be allowed, except where required or permitted by the City Engineer. (Ord. 3366 § 1, 6/26/2009; Ord. 2166 § 29, 9/1/1981) 11.08.300 - Backfilling—Requirements. Controlled density backfill (CDF) material will be required in any excavated area occurring in any portion of a paved street or alley to within one foot behind the curb or edge of paving, unless otherwise approved in advance of construction by the City Engineer. (Ord. 3018 § 1 (part), 5/14/1999; Ord. 2166 § 30, 9/1/1981) 11.08.310 - Surface restoration. A. Permittee shall compact the backfill to the top of the trench, and shall then notify the City Engineer that the excavation and backfill work is complete. Pavement shall be patched in accordance with the patching requirements specified in Chapter 3 of the City of Port Angeles Urban Services Standards and Guidelines manual. B. The permanent restoration of the streets shall be made by the City, after the permittee has completed his work. C. The permittee may be required to place a temporary surface over openings made in paved traffic lanes. When such temporary surface is required, the fill above the bottom of the paving slab shall be made with suitable material, in accordance with section 11.08.300, and this fill shall then be topped with a minimum of at least one-inch bituminous mixture, which is suitable to maintain the opening in good condition until permanent restoration can be made. The crown of such temporary restoration shall not exceed one inch above the adjoining pavement. The permittee shall exercise special care in making such temporary restorations, and must maintain such restoration in a safe traveling condition until such time as a permanent restoration can be made. Asphalt which is used shall be in accordance with specifications of the City Engineer. D. If, in the judgment of the City Engineer, it is not expedient or necessary to replace the pavement over any cut or excavation made in the street, upon completion of the work allowed under such permit, by reason of the looseness of the earth or weather conditions, he may direct the permittee to lay a temporary pavement of wood, asphalt, or other suitable material designated by him over such cut or excavation, to remain until such time as repair of the original pavement may be properly made. E. Acceptance or approval of any work by the City Engineer shall not prevent the City from asserting a claim against the permittee for incomplete or defective work, if it is discovered within 12 months from the completion of the work. The City Engineer's presence during the performance of any excavation work shall not relieve the permittee of its responsibilities hereunder. (Ord. 2166 § 31, 9/1/1981) 11.08.330 - Work to be completed promptly. The permittee shall prosecute with diligence and expedite all work, and shall promptly complete such work and restore the street in accordance with the provisions of this chapter, as soon as practicable, and in any event, not later than the date specified in the permit. Page 14 (Ord. 2166 § 22, 9/1/1981) 11.08.340 - Urgent work. If, in the judgment of the City Engineer, traffic condition, the safety or convenience of the traveling public, or the public interest require that the excavation work be performed in a shorter period than otherwise possible, the City Engineer may order, at the time the permit is granted, that a crew of men and adequate facilities be employed by the permittee greater than eight hours per day, to the end that such excavation work may be completed as soon as possible. (Ord. 2166 § 34, 9/1/1981) 11.08.350 - Noise, dust, and debris restrictions. A. Each permittee shall conduct and carry out the excavation work in such manner as to avoid unnecessary inconvenience and annoyance to the general public and occupants of neighboring property. The permittee shall take appropriate measures to reduce to the fullest extent practicable in the performance of the excavation work noise, dust, and unsightly debris. The permittee shall manage stormwater impacts associated with construction activities as described in Volume II of the Department of Ecology's SWMMWW (2014). B. Between the hours of 10:00 p.m. and 7:00 a.m., the permittee shall not use, except with the express written permission of the City Engineer, any tool, appliance or equipment producing noise of sufficient volume to disturb the sleep or repose of occupants in the neighboring property. (Ord. 2166 § 35, 9/1/1981) 11.08.360 - Monuments. The permittee shall not disturb any surface monuments or hubs found in the line of excavation work, until authorized to do so by the City Engineer. All street monuments, property corners, bench marks and other monuments disturbed by the progress of the work shall be replaced by the City Engineer, and the cost of the same shall be paid by the permittee. (Ord. 2166 § 36, 9/1/1981) 11.08.370 - Inspections. The City Engineer shall make such inspections as are reasonably necessary in the enforcement of this chapter. The City Engineer shall have the authority to promulgate and cause to be enforced such rules and regulations as must be reasonably necessary to enforce and carry out the intent of this chapter. (Ord. 2166 § 37, 9/1/1981) 11.08.380 - As-built drawings. A. The City reserves the right to reject any installation not inspected and approved by the Department of Public Works and Utilities. B. Upon completion of the work, the applicant shall provide the Department of Public Works and Utilities with as-built drawings, except those exempted by the City Engineer, in a form acceptable to the City Engineer that accurately depict the work performed. Page 15 C. No construction work will be accepted or approved until satisfactory as-built drawings are provided. (Ord. 2662 § 3, 12/27/1991; Ord. 2166 § 38, 9/1/1981) 11.08.390 - Limitation of liability. This Chapter shall not be construed as imposing upon the City or any official or employee any liability or responsibility for damages to any person injured with the performance of any work for which a permit has been issued. The City and its officials or employees shall not be deemed to have assumed any liability or responsibility by reason of inspections authorized hereunder, the issuance of any permit, or the approval of any work. (Ord. 2166 § 39, 9/1/1981) 11.08.400 - 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 $500.00. Each day that a violation continues shall constitute a separate offense. (Ord. 2166 § 40, 9/1/1981) CHAPTER 11.12 - RIGHT-OF-WAY USE 11.12.010 - Definitions. For the purpose of this chapter, the following words have the meaning designated herein unless the context indicates otherwise: A. "City" means the City of Port Angeles. B. "City Council" or "Council" means the City Council of the City of Port Angeles. C. "Director of Public Works" means the Director of the Public Works and Utilities Department of the City of Port Angeles or his authorized designee. D. "Exhibition" means a display of goods or articles for a period of not less than 11 consecutive calendar days, open to the public, wherein not less than seven persons under the sponsorship of the applicant exhibit goods or articles and where any such goods or articles are sold or offered for sale at retail or are displayed upon the public streets or rights-of-way of the City. Examples of exhibitions are: Agricultural show, industrial show, sports show, trade show, sidewalk sales, street fairs, public markets, carnivals, parades, demonstrations, running events, and civic-sponsored events. E. "Permit" means a "right-of-way use permit" issued by the Department of Public Works and Utilities. F. "Planting strip" means that portion of the right-of-way, if any, between a street and the adjacent sidewalk. G. "Right-of-way" means: 1. A dedicated or owned right-of-way or easement of the City within the boundaries of 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 Page 16 easement is included within the definition of "right-of-way" whether such right-of-way or easement is currently used or not. 2. Land acquired or dedicated for a street, highway, sidewalk, alley, avenue or other structure used for pedestrian or vehicular traffic, or a utility structure or appurtenance and easements for which, under the City ordinances and other applicable laws, the City has authority to grant use permits, master permits, franchises, licenses or leases for use thereof or has regulatory authority thereover, and which may be more specifically defined in the master permit, license or lease granting any right to or use thereof. 3. "Rights-of-way" for the purpose of this chapter do not include buildings, parks, poles, conduits or similar facilities or property owned by or leased to the City, including, by way of example and not limitation, structures in the right-of-way such as utility poles, light poles and bridges. H. "Sidewalk" means that portion of the right-of-way, if any, 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. I. "Street" means that portion of the right-of-way, if any, which is used for vehicular travel, including alleys. J. "Unopened right-of-way" means a right-of-way which is not used for either pedestrian or vehicular travel. (Ord. 3088 § 1, 6/29/2001; Ord. 3018 § 2 (part), 5/14/1999; Ord. 3007 § 1 (part),1/15/1999; Ord. 2350 § 1, 7/23/1985) 11.12.020 - Obstruction of streets—Prohibited. Except as may be specifically provided by this chapter, it is unlawful to erect, maintain or allow to remain on any street in the City a permanent or temporary structure or thing which in any way obstructs, hinders, jeopardizes, injures or delays the use of the street for either vehicular or pedestrian travel; provided, that the City may close any street or alley at any time. The street or alley may be closed on a temporary basis when the Director of Public Works and Utilities, the Chief of Police and/or the Fire Chief determines such closure to be necessary to protect the public health, safety or welfare. A street or alley may be closed permanently upon approval of the City Council. (Ord. 3018 § 2 (part), 5/14/1999; Ord. 2350 § 1, 7/23/1985) 11.12.030 - Obstruction of streets—Permitted exceptions. Notwithstanding the provisions of Section 11.12.020 of this chapter, construction or excavation work shall be exempt from the terms of this chapter, provided that a permit for such work issued under Chapter 11.08 of this Code shall constitute the permit necessary for such work. (Ord. 2350 § 1, 7/23/1985) 11.12.040 - Obstruction of unopened streets—Permit required. Notwithstanding the provisions of section 11.12.020 of this chapter, a permit for an obstruction of an unopened or unoccupied street of the City for a period not to exceed one year may be issued by the Director of Public Works and Utilities; provided, however, that no such permits shall be issued to any person, firm, or corporation which does not own the underlying fee title to the portion of the street sought to be obstructed, and no such permit shall be transferable. Page 17 (Ord. 2350 § 1, 7/23/1985) 11.12.050 - Obstruction of right-of-way—Permit required. Notwithstanding the provisions of section 11.12.020 of this chapter, the following obstructions of right-of- way may be permitted if a permit therefor is obtained from the City under this chapter; provided that the Director of Public Works and Utilities and the Chief of Police shall determine what traffic barricades, if any, are necessary, and the City will provide such barricades and shall be reimbursed therefor by the applicant: A. Exhibitions; B. Temporary devices such as scaffolding, barricades and/or pedestrian walkways, which may be permitted under certain conditions as specified by the City Engineer, where the right-of-way use is necessary to improve the safety of construction work on private property and where an excavation permit is not required. (Ord. 2350 § 1, 7/23/1985) 11.12.060 - Obstruction of sidewalks and planting strips prohibited. Except as may be specifically provided by this chapter, it is unlawful to erect, maintain or allow to remain on any sidewalk or planting strip of the City any temporary or permanent structure or thing which in any way obstructs, hinders, jeopardizes, injures or delays the use of the sidewalk or planting strip for pedestrian traffic; or hinders or obstructs the use of the adjacent street for vehicular traffic, including, but not limited to, structures or devices used for advertising an adjacent business, permanent landscaping or the use of the sidewalk for sale or display of merchandise, except as otherwise provided by this chapter. (Ord. 3366 § 2, 6/26/2009; Ord. 2350 § 1, 7/23/1985) 11.12.070 - Obstruction of sidewalks—Removal of ice, snow, dirt and other accumulations. A. When the obstruction of a sidewalk consists of either ice, snow, mud, dirt, earth, plant refuse, paper, debris or other accumulated material, the abutting property owner shall, within 24 hours after the deposit of such material upon such sidewalk, remove such material from that portion of the sidewalk upon which such owner's property abuts. B. Any accumulation of ice, snow, mud, dirt, earth, plant refuse, paper, debris or other material that shall remain more than 48 hours upon a sidewalk is hereby declared a public nuisance. When the owner of the abutting property refuses to comply with the requirements of Subsection A of this Section after demand therefor by either the Director of Public Works and Utilities Department; his designated staff; Code Compliance staff; or the Chief of Police of the City, the Public Works and Utilities Department, under the direction of the Chief of Police, shall cause such accumulation to be removed. All expenses of such removal, including the costs of litigation, if necessary, shall be chargeable to the owner or other person having charge of the abutting property. (Ord. 3328 § 1, 4/25/2008; Ord. 2350 § 1, 7/23/1985) 11.12.080 - Obstruction of sidewalks and planting strips—Exceptions without permit. Notwithstanding the provisions of section 11.12.060 of this chapter, the following obstructions shall be permitted on sidewalks or planting strips without a permit, provided that the obstructions do not violate any other law, ordinance, standard, or policy: Page 18 A. Merchandise being moved into or out of an adjacent business, provided that such merchandise does not remain on the sidewalk or planting strip for more than eight hours; B. Fire hydrants; C. Planters and other landscaping placed by the City; D. Benches and bicycle racks placed by the City; E. Telephone, telegraph and light poles, placed either by the City or pursuant to franchise granted by the City; F. Flagpoles or standards therefor placed by the City; G. Traffic-control devices placed by the City; H. Refuse containers and materials set our for refuse and recyclables collection, either placed directly by the City, or where the location of the container is on a sidewalk or planting strip as required by the City; I. Newspaper dispensers or news racks; J. Solicitation by civic or non-profit organizations; K. Any other obstruction sought to be placed upon a sidewalk by the City for a public purpose. (Ord. 3328 § 2, 4/25/2008; Ord. 3198 § 2, 5/13/2005; Ord. 3018 § 2 (part), 5/14/1999; Ord. 2350 § 1, 7/23/1985) 11.12.090 - Obstruction of sidewalks or planting strips—Permit required. Notwithstanding the provisions of section 11.12.060 of this chapter, the following obstructions of sidewalks or planting strips may be permitted, if a permit therefor is obtained from the City under this chapter: A. Benches; B. Litter receptacles; C. Clocks; D. Bicycle racks placed by private parties; E. Telephone booths; F. Landscaping including street trees planted in accordance with City standards; G. Additions to the facades of buildings existing on the effective date of this chapter, which buildings are built up to the right-of-way line of the public street; provided that such addition shall not exceed six inches in width; H. Sidewalk cafes, provided that such permit shall last for one calendar year and must be renewed each year; I. Any other sidewalk or planting strip obstruction which is determined to provide a public benefit, although the obstruction constitutes a private use of the public street; J. Fences, retaining walls, terracing, and other similar structures; K. Retail stands which are approved in accordance with PAMC Chapter 17.26. (Ord. 3328 § 3, 4/25/2008; Ord. 3018 § 2 (part), 5/14/1999; Ord. 3007 § 1 (part), 1/15/1999; Ord. 2350 § 1, 7/23/1985) Page 19 11.12.100 - Permit—Processing. A. Application for a permit for a street, sidewalk or planting strip obstruction under sections of this chapter shall be made to the Department of Public Works and Utilities upon a form provided by that department. B. The application for a permit shall contain such information as is required by the Department of Public Works and Utilities, including, but not limited to: 1. A description of the obstruction; 2. Drawings and specifications for the obstruction, sufficient so that its compliance with this chapter may be reviewed by the Department; 3. A description of the method of compliance with the standards for installations for sidewalk obstructions established by provisions of this chapter. C. Upon receipt of an application, the Department of Public Works and Utilities shall forward the application to such City Departments as the Director of the Public Works and Utilities Department shall deem appropriate for comment. Such comments shall be received by the Director within 14 days of forwarding the application for comment. (Ord. 2350 § 1, 7/23/1985) 11.12.110 - Permit—Issuance by Department of Public Works and Utilities. A. For a permit sought under this chapter, the Department of Public Works and Utilities shall determine whether the application complies with the standards and terms of this chapter. If the application does comply with this chapter and is in the public interest, the Public Works and Utilities Department may issue a permit for the placement of an obstruction. B. If the Public Works and Utilities Department denies the permit, it shall so indicate to the applicant in writing, stating the reasons for the denial. C. The applicant for the permit may appeal such denial to the City Council for review. A written notice of appeal shall be made to the City Clerk within 13 days of mailing by certified mail, or ten days of personal delivery, of the denial by the Public Works and Utilities Department. D. At its next meeting after receipt of the appeal, the City Council shall determine, based upon the report of the Public Works and Utilities Department, whether the application complies with the terms and standards of this chapter. The City Council may affirm or reverse, or affirm with alterations, the action of the Department of Public Works and Utilities. In such a review by the City Council, the applicant for the permit shall be afforded the opportunity to be heard by the Council. E. The Council shall make written findings of fact supporting its determination, which shall be entered into the minutes of the Council. (Ord. 2350 § 1, 7/23/1985) 11.12.120 - Application—Fee. A. The application, including applications for renewals, shall be accompanied by the necessary application fee, as set forth in Chapter 3.70. B. Superceding permits—Refund of prior fee. The application fee for a right-of-way use permit paid pursuant to this section shall be refunded to the applicant in the event all of the following conditions are satisfied: 1. A right-of-way use permit was issued to the applicant; and Page 20 2. Subsequently and within 60 days of issuing the first right-of-way use permit, another right-of-way use permit is issued to the same or any other applicant; and 3. The subsequent permit covers a larger geographical area than the first permit and includes the area covered by the first permit; and 4. The subsequent permit allows substantially the same use or activity as the prior permit; and 5. A fee is collected for the subsequent permit. (Ord. 3363, 5/15/2009; Ord. 3018 § 2 (part), 5/14/1999; Ord. 2350 § 1, 7/23/1985) 11.12.130 - Obstructions—Standards. Each obstruction proposed to be placed upon a sidewalk, street or planting strip of the City shall comply, at a minimum, with the following standards: A. The location of the obstruction shall be consistent with the paramount right of the public to use the street, sidewalk or planting strip for transportation purposes. B. The location of the obstruction, and/or the obstruction itself, shall be adequately lighted for night visibility, if the obstruction area is not lighted and pedestrians are present at night. C. The location of the obstruction shall not constitute a traffic hazard either by itself, or by its effect upon the visibility of persons using the street or sidewalk. D. If locations for the particular type of obstruction are required by the existence of other structures, obstructions, ordinances or other regulations, the obstruction shall be located where so required. E. The obstruction shall not be permitted for longer than the period necessary for accomplishing the proposed purpose for such obstruction. F. All other State and local ordinances will be applicable and shall be complied with. G. The applicant must demonstrate that it is necessary to use the public street, sidewalk or planting strip, and that there is no other means available to accomplish the desired purpose, except by the use of the public right-of-way, street or planting strip. H. No one shall plant in any public right-of-way any tree the roots of which cause injury to the sewers, water mains, sidewalks or pavements, the height of which interferes with overhead utility wires or which breed disease dangerous to other trees or to the public health or allow to remain in any public right-of-way any planted tree which has become dead or is in such condition as to be hazardous to the public use of the street and/or sidewalk, and any such trees now existing in any such planting strip or abutting street area shall be removed or properly pruned at the expense of the abutting property owner as may be directed by the City. No new tree shall be planted within two three feet of any sidewalk or pavement, except as may be otherwise approved. I. No flowers, shrubs or trees shall be allowed to overhang or prevent the free use of the sidewalk or roadway, or street maintenance activity or utility use of the street except that trees may extend over the sidewalk when kept trimmed to a height of seven feet above same, and 15 feet above arterials and 14 feet above all other roadways. Trees so placed shall also be trimmed so as to remain below power lines if present. (Ord. 3366 § 2, 6/26/2009; Ord. 3328 § 4, 4/25/2008; Ord. 2350 § 1, 7/23/1985) 11.12.140 - Permit—Conditions. The following shall constitute minimum conditions to be applied to the permit: Page 21 A. The applicant for a permit shall execute a hold-harmless guaranty to the City, agreeing to hold the City harmless from and defend the City against any causes of action for personal injury or property damage arising out of, or in any way connected with, the placement of the obstruction on the City street, sidewalk or planting strip. B. The applicant shall provide, and maintain in force a certificate of insurance, or a bond of like amount, with the City named as an additional insured, insuring against property damage or personal injury, with limits of not less than $300,000.00 per incident, $300,000.00 per person, and $100,000.00 property damage, except for benches, litter receptacles, bicycle racks, and private planters, other landscaping, fences, walls and others so exempted by the Director of Public Works and Utilities. C. The property owner or applicant shall maintain the obstruction, in compliance with the standards and conditions imposed upon the placement of the obstruction by the City. Maintenance of the obstruction shall include the removal of litter and/or debris which may accumulate on or around the obstruction. D. For permanent structures placed in the right-of-way, including but not limited to fences higher than 30 inches, rockeries, walls, stairs and ramps, the applicant (property owner) for a permit shall execute an "agreement to remove encroachment within public right-of-way." Such agreement shall guarantee removal of the encroaching improvements upon public rights-of-way within 60 days' written notice from the Director of Public Works and Utilities and shall be recorded by the City with the County Auditor as an encumbrance on the property adjoining the public right- of-way. Such work shall be done in accordance with the requirements deemed necessary by the Director of Public Works and Utilities and at the cost of the property owner. If the obstruction is not removed, then the obstruction shall be declared a nuisance. (Ord. 2350 § 1, 7/23/1985) 11.12.150 - Permit—Terminable at will—Appeals. A. Any permit issued pursuant to this chapter is subject to termination upon written notification by the City Public Works and Utilities Department at any time, without cause, and the permit shall so state on its face. B. Any person who has a permit terminated may appeal such termination to the City Council, by giving written notice of such appeal, within 13 days of mailing by certified mail, or ten days by personal delivery, of the termination by the Public Works and Utilities Department. The City Council shall consider the appeal at its next possible public meeting after the filing of the notice of appeal, and may uphold or reverse the termination. (Ord. 2350 § 1, 7/23/1985) 11.12.160 - Prohibited obstructions—Declared nuisance. All obstructions not in conformance with the terms of this chapter of the Port Angeles Municipal Code, are hereby declared to be nuisances, and such obstructions may be abated in accordance with the procedures of Chapter 8.30* of this Code, except that signs or other objects located within City right-of-way, which are not in conformance with the terms of this chapter, may be removed by the City without notice and destroyed. (Ord. 2350 § 1, 7/23/1985) *Chapter 8.04 was repealed by Ordinance 3229 and replaced with Chapter 8.30, 12/30/2005. Reference to Chapter 8.04 has been changed to Chapter 8.30 to conform. Page 22 11.12.170 - Violations. Any person violating any provision of this chapter or Chapter 11.12 of the Port Angeles Municipal Code shall be guilty of a Class II misdemeanor and sentenced according to Title 9 of this Code; provided, that any person who has been convicted, pled guilty or forfeited bail, within two years prior to the date of the incident or incidents forming the basis of a charge, to a previous crime under this chapter, shall be guilty of a Class I misdemeanor and sentenced according to Title 9 of this Code. Each day that a violation continues shall constitute a separate offense. (Ord. 2350 § 1, 7/23/1985) CHAPTER 11.13 - STREET TREES 11.13.010 - Applicability. This chapter applies to all trees located within public rights-of-way of the City of Port Angeles (City), referred to as "Street Trees." Nothing in this chapter applies to trees on other property. The provisions of this chapter are intended to supplement, and not to repeal or supersede, other applicable sections of the Port Angeles Municipal Code (PAMC). (Ord. 3511, § 1, 7/15/2014) 11.13.020 - Findings of fact. Street trees provide a wide range of environmental, social, aesthetic and economic benefits. The City of Port Angeles City Council hereby finds that these benefits include: A. Improvement of air quality through absorption of carbon dioxide, production of oxygen, and removal of particulate materials. B. Conservation of energy through reduction of weather impacts by shade production and wind moderation. C. Reduction of stormwater impacts by modifying runoff patterns to improve water quality; reduce surface erosion and the risk of landslides; reduce siltation and water pollution in the City's streams and the waters of the Port Angeles Harbor; and reduced flood hazard. D. Provision of habitat for wildlife. E. Increased property values. F. Enhancement of appearance and character of neighborhoods. G. Relief from adverse impacts from environmental conditions including wind, rain, and sun. (Ord. 3511, § 1, 7/15/2014) 11.13.030 - Purpose and intent. A. The purpose of this chapter is to establish a system and framework for the management of the street trees, to promote the health of the tree canopy located within the City's rights-of-way, and to provide minimum standards for the preservation, protection and enhancement of the street trees to: Page 23 1. Enhance economic opportunities over the long-term by maintaining Port Angeles as an attractive and progressive community. 2. Safeguard and enhance property values. 3. Reduce the adverse impacts of development to existing land uses and the environment by providing relief from traffic, noise, heat, glare, dust, and debris. 4. Preserve and enhance the City's physical and aesthetic character by discouraging indiscriminate removal or destruction of street trees. 5. Ensure that appropriate tree species are planted. 6. Manage trees which pose a threat, danger, or nuisance to public safety, public and private property, or interfere with City utilities or infrastructure. 7. Promote the public health, safety, and general welfare of the citizens of Port Angeles while encouraging the reasonable development of land. 8. Implement policies of the City's Comprehensive Plan. 9. Meet the requirements to attain Tree City USA status established by the National Arbor Day Foundation, as directed by the City Council. (Ord. 3511, § 1, 7/15/2014) 11.13.040 - Definitions. The definitions contained in the City of Port Angeles Urban Services Standards and Guidelines Manual and in the American National Standards Institute's Tree, Shrub, and Other Woody Plant Maintenance - Standard Practices, A300 Parts 1, 2, and 3, a copy of which will be kept on file by the City, are incorporated herein by this reference. (Ord. 3511, § 1, 7/15/2014) 11.13.050 - Street trees—General requirements. A. For new development, redevelopment and land divisions in all zones, street tree requirements are as follows: 1. All trees planted in the right-of-way shall be selected from the list of City approved street trees. The List of Approved Street Trees is established in the Port Angeles Urban Services Standards and Guideline Manual. 2. A Street Tree Planting Plan shall be submitted to and approved by the Community Forester as part of any development permit application. All proposed trees shall be shown on the plan with the species indicated. 3. Street trees shall be planted within the public right-of-way in accordance with the details provided in the current Urban Services Standards and Guidelines. 4. The owner shall install the street tree(s) specified on the landscape plan prior to the issuanc e of final project approval or issuance of certificate of occupancy. Street tree plantings may be delayed between May 1 and October 1. In this case, the owner shall provide an assurance acceptable to the City for any required tree planting. The assurance must be provided prior to approval and acceptance and/or the issuance of a certificate of occupancy. 5. Trees planted in rigid cells are encouraged and preferred in urban areas where feasible. Page 24 B. Street tree requirements in previously developed area. In addition to the above requirements, the following also apply; 1. Approval by the Community Forester and the Public Works and Utilities Department shall be required to plant, remove or prune trees in the public right-of-way. Approval shall include but not be limited to: a. A right-of-way use permit per 11.1 PAMC; b. A utility locate; c. A review of planting site, plant type, plant quality and planting or pruning techniques proposed. 2. When native tree canopy is removed, trees 4 inches in diameter at breast height shall be replaced with a number of trees equal to the basal area of the removed tree divided by 7.1 (the area in square inches of a 3 inch caliper replacement tree). 32. Where new street trees cannot be planted due to portions of rights -of-way having been previously paved or otherwise rendered unsuitable to plant trees, a fee-in-lieu of planting is may be required in accordance with PAMC 3.70.010. Such fee shall be calculated in accordance with this chapter and be deposited into the Community Forestry Fund. C. Street tree maintenance. 1. The Community Forester shall have the right to either conduct or authorize any trimming, pruning, maintenance and/or removal activities for all street trees and trees located on City property as may be necessary for public safety or in support of the goals of a "Community Forestry Plan". 2. Street tree maintenance shall be in compliance with standards for tree care as outlined in the Urban Services Standards and Guidelines. 3. Minor tree pruning may be performed by the owner of property adjoining the right-of-way in which a street tree is located with prior approval from the Community Forester. 4. Major pruning or removal of large or significant street trees requires prior approval by the Community Forester. A request to conduct major pruning or tree removal shall first be referred to the Community Forester for a recommendation. Major pruning is defined in the Urban Services and Standards Guidelines. 5. For major pruning or removal of a large or significant street tree, the applicant must demonstrate that major tree pruning or removal is necessary for one or more of the following reasons: a. The tree, or a portion of the tree proposed for removal is deemed a hazard tree by certified arborist or Community Forester; b. The tree, or a portion of the tree proposed for removal, is dead; c. The tree, or a portion of the tree proposed for removal is diseased or infested with an invasive insect pest and no remedial treatment is available; d. That the retention of the tree will have a material, adverse and unavoidable impact on the use of the property. 6. A maintenance responsibility notation indicating that the required street tree maintenance is the responsibility of the adjoining property owners shall be placed on all final plats. D. Removal of stumps. All stumps of street trees shall be removed so that the top of the stump shall not project above the surface of the ground. E. Abuse or mutilation of trees prohibited. 1. It is unlawful for any person to intentionally damage, carve or otherwise injure any street tree and may be considered abuse or mutilation of a tree and may require remedial action under Section 8.30 PAMC. Page 25 2. Pruning of street trees that does not meet the best management practice for pruning standards as established in the Urban Services Standards and Guidelines Manual may be considered abuse or mutilation of a tree and may require remedial action under Section 8.30 PAMC. 3. Exemptions. The following conditions are exempt from the requirements of this chapter: a. Work required as a result of emergencies involving, but not limited to: windstorms, floods, freezes, or other natural disasters. Other requirements of this chapter may be waived by the Community Forester when deemed appropriate. b. Work required to maintain and protect public safety, public utilities, and infrastructure when deemed necessary by the Director of Public Works and Utilities (Director) or his/her designee. c. Other requirements as recommended by the Community Forester: (i) Appeals. An applicant may appeal in writing to the Public Works and Utilities Department Director any decision made by Community Forester within 30 days of the decision being rendered. The applicant may appeal the decision in writing to the City Manager within 30 days of the decision being rendered by the Public Works and Utilities Director. (Ord. 3511, § 1, 7/15/2014) 11.13.060 - Administration. A. This chapter establishes the policy of the City as it relates to the management and preservation of street trees located within its rights-of-way. B. A Community Forester shall be appointed by the City Manager. 1. The Community Forester shall prepare a manual that defines the specific measures as necessary to implement the provision of this chapter. The manual shall include: a. A list of approved trees for planting in street rights-of-way. b. Planting, staking and guying guidelines. c. Pruning guidelines. d. Fertilization, irrigation and pest management guidelines. e. Definitions. f. Standards for planting and maintenance of street trees consistent with this chapter. 2. All work performed on community street trees pursuant to this chapter shall be done within a 60- day period from issuance of approval, or such other period as may be agreed upon by the applicant and the permitting authority. 3. The Community Forester may add conditions to the authorization for the removal of a community street tree with tree replacement. The full cost of removal and replacement, if so conditioned, shall be borne by the abutting property owner. Such condition will be supported by a written justification. C. Tree valuation method. See tree preservation and protections Section 11.13.050.F(2) PAMC. D. Community Forestry account. There is hereby established a special revenue account to act as a Community Forestry account into which shall be deposited all assessments, fines, gifts designated for trees, money generated from compensatory payments, and the sale of forest products and wood, along with other sums appropriated in the budget from the City's general fund, street fund, utility funds, or grants. The account shall support the Community Forest Program for the purposes of planning, Page 26 planting, maintenance, protection, inspection, public education and removal of community street trees and trees on City-owned properties. E. Assurance of work completion. A property developer or owner shall provide assurance, as warrantee for the success of any street trees required as a condition of subdivision approval planted in the right- of-way for a period of two full growing seasons after the approval and/or acceptance thereof by the City. The assurance will be required for residential developments within one year of the date of recording a final plat or before the final certificate of occupancy is issued for the development or use, whichever case occurs first. 1. The surety shall be in the amount of 150 percent of the estimated cost of removing, replacing, and establishing any required street trees and shall be coordinated with other related. 2. An itemized estimate shall be provided by the owner and based on a written quotation from a licensed commercial landscape contractor and deemed to be acceptable to the Community Forester. 3. The Community Forester shall make an inspection and notify the owner or developer of any corrections to be made within the period covered by the bond. 4. Nonliability of the City of Port Angeles. Nothing in this chapter is intended to or shall be construed to impose any liability upon the City or any of its officers, agents, or employees. 5. Enforcement. It shall be the duty of the Community Forester to further the goals of this chapter. The Community Forester shall have the authority to approve alternate methods of compliance with the provisions of this chapter when the overall purpose and intent of this chapter and/or specific guidelines can be met by such alternatives. (Ord. 3511, § 1, 7/15/2014) CHAPTER 11.14 - TELECOMMUNICATIONS FACILITIES WITHIN RIGHTS-OF-WAY 11.14.010 - General provisions. A. Findings and purpose. 1. The City Council finds that it is in the public interest to permit use of the City's rights -of-way and to establish standards for use of the rights-of-way for service providers and other operators of telecommunications systems, in a manner which: (a) Encourages competition by establishing non-discriminatory terms and conditions under which service providers and other operators of telecommunications systems may use valuable public property to serve the public. (b) Protects the public interest in the use of the limited physical capacity of the public rights-of- way. (c) Protects the public and the City from any harm resulting from such private use of rights-of- way and preserves and improves the aesthetics of the community. (d) Protects and carries out the regulatory authority of the City and recovers administrative costs, in a manner consistent with federal and state law. 2. The City Council finds that the City's rights-of-way, other City property, and utility facilities such as its poles and conduits within the City constitute valuable public property: (a) That can be partially occupied by private companies and other entities for facilities used in the delivery, conveyance, and transmission of telecommunications, utility and public services Page 27 rendered for profit, to the enhancement of the health, welfare, and general economic well being of the City and its citizens; and (b) That are a unique resource so that proper management by the City is necessary, to maximize the efficiency and minimize the costs to the taxpayers of the foregoing uses and to minimize the inconvenience and negative effects, including degradation, upon the public from such facilities' construction, emplacement, relocation, and maintenance in the rights-of-way. 3. Therefore, the purpose and intent of this chapter is to: (a) Permit and manage reasonable access to the limited physical capacity of the available public rights-of-way of the City for telecommunications purposes in a non-discriminatory, competitively neutral, and non-exclusive way to the extent required under applicable law. (b) Encourage open competition and the provision of advanced and high quality telecommunications services on the widest possible basis to the businesses, institutions, and residents of the City, while eliminating unnecessary local regulation of telecommunications service providers and services. (c) Promote and encourage competition for voice, data, video, and video programming services that make the latest and best technology available and keep service prices affordable for all City residents and businesses. (d) Encourage universal access to telecommunications and video programming services for all residents and businesses. (e) Encourage investments by telecommunications service providers to enhance economic development programs and provide jobs, opportunities, and choices for its citizens. (f) Encourage economic development while preserving aesthetic and other community values and preventing proliferation of aboveground facilities. (g) Enable the City to discharge its public trust consistent with rapidly evolving federal and state regulatory policies, industry competition, and technological development. (h) Recover the City's current and ongoing costs of granting and regulating private access to and use of the public rights-of-way from the persons and businesses seeking such access and causing such costs, in a non-discriminatory manner. (Ord. 3083 § 1 (part), 6/29/2001) 11.14.020 - Definitions. For the purpose of this chapter, and the interpretation and enforcement thereof, the following words and phrases shall have the meanings given herein, unless the context of the sentence in which they are used shall indicate otherwise. When not inconsistent with the context, words used in the present tense include the future tense; words in the plural number include the singular number; and words in the singular number include the plural number; and the masculine gender includes the feminine gender. The words "shall" and "will" are mandatory, and "may" is permissive. Unless otherwise expressly stated, words not defined in this chapter shall be construed consistent with Title 47 of the United States Code and Title 35 of the Revised Code of Washington, and, if not defined therein, their common and ordinary meaning. References to governmental entities (whether persons or entities) refer to those entities or their successors in authority. If specific provisions of law referred to herein are renumbered, then the reference shall be read to refer to the renumbered provision. References to laws, ordinances or regulations shall be interpreted broadly to cover government actions, however nominated, and include laws, ordinances and regulations now in force or hereinafter enacted or amended. A. "Affiliate" means a person, who (directly or indirectly) owns or controls, is owned or controlled by, or is under common ownership or control with another person. Page 28 B. "Applicant" means any person or entity that applies for any right-of-way license, franchise, lease, or other permit pursuant to this chapter. C. "Application fee" means the charge specified in Section 11.14.030 herein, and designed to recover the City's actual administrative costs in processing applications for any right-of-way license, franchise, lease or other permit pursuant to this chapter, including applications for the transfer thereof. D. "Cable Act" means the Cable Communications Policy Act of 1984, 47 U.S.C. 521 et seq., as amended by the Cable Television Consumer Protection and Competition Act of 1992, as further amended by the Telecommunications Act of 1996, and as may be further amended from time to time. E. "Cable facilities" See "Cable system" F. "Cable television service" for the purpose of this chapter shall have the same meaning provided by the Cable Act and to the extent applicable RCW 35.99.010. G. "Cable system" means a facility, consisting of a set of closed transmission paths and associated signal generation, reception and control equipment that is designed to provide cable service which includes video programming and which is provided to multiple subscribers within a community, but such term does not include: 1. A facility that serves only to retransmit the television signals of one or more television broadcast stations; 2. A facility that serves subscribers without using any public right-of-way; 3. A facility of a common carrier which is subject, in whole or in part, to the provisions of Title II (Common Carriers) of the Communications Act of 1934, as amended, except that such facility shall be considered a cable system to the extent such facility is used in the transmission of video programming directly to subscribers, unless the extent of such use is solely to provide interactive on-demand services; 4. Any facilities of any electric utility used solely for operating its electric utility systems; or 5. An open video system that is certified by the FCC. A reference to a cable system includes pedestals, equipment enclosures (such as equipment cabinets), amplifiers, power guards, nodes, cables, fiber optics and other equipment necessary to operate the cable system. H. "City" means the City of Port Angeles, a non-charter code city of the State of Washington, in its present incorporated form or in any later reorganized, consolidated, enlarged or reincorporated form. I. "City property" means and includes all real property, utility poles, conduits, bridges and similar facilities owned by the City, other than public streets and utility easements as those terms are defined herein, and all property held in a proprietary capacity by the City, which are not subject to right-of-way licensing and master permitting as provided in this chapter. J. "Council" means the City Council of the City of Port Angeles, Washington. K. "Director" means the Director of Public Works and Utilities of the City of Port Angeles or his/her designee. L. "Easement" means any City-held easement for access and public utilities. M. "Emergency" means a condition of imminent danger to the health, safety and welfare of property or persons located within the City including, without limitation, damage to persons or property from natural consequences, such as storms, earthquakes, riots or wars. Page 29 N. "Excess capacity" means the volume or capacity in any existing or future duct, conduit, manhole, handhole or other utility facilities within the right-of-way that is or will be available for use for additional telecommunications facilities. O. "Facilities" means all of the plant, equipment, fixtures, appurtenances, antennas, and other facilities necessary to furnish and deliver telecommunications services, private telecommunications services, and cable television services, including but not limited to poles with crossarms, poles without crossarms, wires, lines, conduits, cables, communication and signal lines and equipment, braces, guys, anchors, faults, and all attachments, appurtenances, and appliances necessary or incidental to the distribution and use of telecommunications services, private telecommunications services, and cable television services. P. "Facilities lease" or "lease" means the legal authorization to occupy and use specific City property and/or specific areas of City right-of-way for the specified time and under the specified terms as agreed to between the City and the lessee. Q. "FCC" or "Federal Communications Commission" means the federal administrative agency or lawful successor, authorized to regulate and oversee telecommunications, cable and open video carriers, operators and providers on a national level. R. "Fiber optics" means the technology of guiding and projecting light for use as a communications medium. S. "Franchise" means the prior authorization, granted by the City to a service provider giving the carrier or operator the non-exclusive right to occupy the space in, under, over or across rights-of- way of the City to provide a specified service within the City. Such franchises do not include and are not a substitute for: 1. Any other permit or authorization required for the privilege of transacting and carrying on a business within the City required by the ordinances and laws of the City; 2. Any permit, agreement or authorization required in connection with operations on or in public streets or property, including by way of example and not limitation, right-of-way construction, use and street cut permits; 3. Any permits or agreements for occupying any City property or property of private entities to which access is not specifically granted by the franchise including, without limitation, permits and agreements for placing devices on or in any City Property including, without limitation, poles, conduits, buildings, other structures or railroad easements, or property of a private entity; or 4. The right to place devices in the right-of-way, such as pay telephones, for end user use in terminating or originating transmissions. By way of example, and without limiting the foregoing, this chapter shall not be read to diminish or in any way affect the authority of the City to control and charge for the use of its real estate, fixtures or personal property. Therefore, any person who desires to use such property must obtain additional approvals, master permits, use permits or agreements for that purpose, as may be required by the City or state law. T. "Franchisee" means the person, firm or corporation to whom or which a franchise, as defined in this section, was previously granted by the City and the lawful successor, transferee or assignee of said person, firm or corporation subject to such conditions as may be established in this chapter. U. "Grantee" means the holder of a franchise, right-of-way license, master permit, use permit or facilities lease. V. "Gross revenues" means all revenue, including funds used to pay franchise fees, from the provision of telecommunications services in the City via a telecommunications system; provided, however, gross revenues shall not include taxes imposed directly upon any subscriber or user by Page 30 the federal, state, county, or other governmental unit and required to be collected by the grantee; and provided further, that a grantee may deduct from its gross revenues those revenues received from a lessee or a like provider that holds a franchise or license under this chapter, provided that said lessee or like provider submits a certificate to the grantee stating that it has paid the fees it owes the City for the applicable reporting period. Copies of the certificate must be provided to the City. W. "License" or "right-of-way license" refers to the legal authorization, in lieu of a franchise or master permit, to use a particular, discrete, and limited portion of the public rights -of-way to construct, maintain or repair a telecommunications facility or a private telecommunications system by a non- service provider. The term license or right-of-way license shall not mean or include: 1. Any other permit or authorization required for the privilege of transacting and carrying on a business within the City; 2. Any other permit, agreement or authorization required in connection with operations on public streets or property, including by way of example and not limitation, right-of-way construction permits or use permits as defined in Chapter 11.08 PAMC; 3. Any permits or agreements for occupying any City property or property of private entities to which access is not specifically granted by the right-of-way license including, without limitation, permits and agreements for placing devices on or in any City property including, without limitation, poles, conduits buildings, other structures or railroad easements, or property of a private entity; or 4. The right to place devices in the right-of-way, such as pay telephones, for end-user use in originating and terminating transmissions, otherwise authorized, such as by a facilities lease. X. "Master permit" means the agreement between the City in which it grants general permission to a service provider to enter, use, and occupy the right-of-way for the purpose of locating facilities. For purposes of this chapter, a franchise, except for a cable television franchise, is a master permit. A master permit does not include cable television franchises. The term master permit shall not mean or include: 1. Any other permit or authorization required for the privilege of transacting and carrying on a business within the City. 2. Any other permit, agreement or authorization required in connection with operations on public streets or property, including by way of example and not limitation, right-of-way construction permits and use permits as defined in Chapter 11.08 PAMC. 3. Any permits or agreements for occupying any other property of the City or private entities to which access is not specifically granted by the master permit including, without limitation, permits and agreements for placing devices on or in poles, conduits other structures, or railroad easements, whether owned by the City, or a private entity. 4. The right to place devices in the right-of-way, such as pay telephones, for end-user use in originating and terminating transmissions, otherwise authorized, such as by a facilities lease. Y. "Non-service provider" means any person installing, constructing, monitoring or operating a private telecommunications system or installing, constructing, maintaining facilities, including but not limited to conduit and/or unlit dark fiber located in the right-of-way that is not used to provide telecommunications service for hire, sale or resale to the general public. Z. "Open video system" or "OVS" means a facility consisting of a set of transmission paths and associated signal generation, reception and control equipment that is designed to provide cable service, which includes video programming, which is provided to multiple subscribers within a community, and which the Federal Communications Commission or its successor has certified as compliant with Part 76 of its rules, 47 C.F.R., Part 76, as amended from time-to-time. AA. "Open video system service" means video programming by means of an open video system. Page 31 BB. "Other ways" means the highways, streets, alleys, utility easements or other rights-of-way within the City; but under the jurisdiction and control of a governmental or private entity other than the City. CC. "Overhead facilities" refers to electric utility and telecommunications facilities located above the surface of the ground, including the underground supports and foundations for such facilities. DD. "Person" means and includes corporations, companies, associations, joint stock companies or associations, firms, partnerships, limited liability companies and individuals and includes their lessors, trustees and receivers but does not include the City. EE. "Personal wireless service" means commercial mobile services, unlicensed wireless services, and common carrier wireless exchange access services, as defined by federal law and regulations. FF. "Private telecommunications facilities" means all of the plant, equipment, fixtures, appurtenances, antennas, and other facilities necessary to furnish and deliver private telecommunications services, including but not limited to poles with crossarms, poles without crossarms, wires, lines, conduits, cables, communication and signal lines and equipment, braces, guys, anchors, faults, and all attachments, appurtenances and appliances necessary or incidental to the distribution and use of private telecommunications services. "Private telecommunications facilities" also includes any conduit, lines, fiber or unlit dark fiber that is not used to provide telecommunications services for hire, sale or resale to the general public. GG. "Private telecommunications system" means a telecommunications system controlled by a person or entity for the sole and exclusive use of such person, entity or affiliate thereof, including the provision of private shared telecommunications services within a user group located in discrete private premises in building complexes, campuses or high rise buildings, by such party or entity, but not encompassing in any respect, a system offered for hire, sale or resale to the general public. For the purposes of this chapter, "private telecommunications system" also includes facilities comprised of conduit, lines, fiber or unlit dark fiber located in the right-of-way that are not used to provide telecommunications services for hire, sale or resale to the general public. HH. "Private telecommunications system owner" means a person that owns or leases a private telecommunications system. II. "Proposal" means the response, by an individual or organization, to a request by the City regarding the provision of telecommunications services. "Proposal" also includes an unsolicited plan submitted by an individual or organization seeking to provide telecommunications services in the City. JJ. "Right-of-way" means land acquired or dedicated for roads and public streets and easements for which, under City ordinances and other applicable laws, the City has authority to grant master permits, licenses or leases for use thereof, or has regulatory authority thereover, and may be more specifically defined in the master permit, license or lease granting any right to or use thereof. "Rights-of-way" for the purpose of this chapter do not include buildings, parks, poles, conduits or similar facilities or property owned by or leased to the City, including, by way of example and not limitation, structures in the right-of-way such as utility poles, and bridges. KK. "Service provider" means every corporation, company, association, joint stock association, firm, partnership, or person owning, operating, or managing any facilities used to provide and providing telecommunications or cable television service for hire, sale, or resale to the general public. Service provider includes the legal successor to any such corporation, company, association, joint stock association, firm, partnership, or person. LL. "State" means the State of Washington. MM. "Surplus space" means that portion of the usable space on a utility pole, or in a duct or conduit which has the necessary clearance from other users, as required by federal or state orders and regulations, to allow its use by a telecommunications carrier for a pole attachment or other telecommunications facility. Page 32 NN. "Telecommunications service" means the transmission of information by wire, radio, optical cable, electromagnetic, or other similar means for hire, sale, or resale to the general public. For the purposes of this chapter, "information" means knowledge or intelligence represented by any form of writing, signs, signals, pictures, sounds, or any other symbols. For the purpose of this chapter, "telecommunications service" excludes the over-the-air transmission of broadcast television or broadcast radio signals. OO. "Telecommunications system" means a tangible facility that is used to provide one or more telecommunications services, any portion of which occupies public rights-of-way. The term "telecommunications system" by way of example, and not limitation, includes wires, equipment cabinets, guys, conduit, radio transmitting towers, poles, other supporting structures and associated and appurtenant facilities used to transmit telecommunications signals. The term "telecommunications system" includes all devices mounted on electric utility poles in the public rights-of-way through which telecommunications services are originated or terminated. A cable system is not a telecommunications system to the extent that it provides only cable service and an open video system is not a telecommunications system to the extent that it provides only video services. PP. "Transfer" means any transaction in which: 1. There is any change, acquisition or transfer of working control of the franchisee, right-of-way license holder, or maser permit holder; or 2. The rights and/or obligations held by the franchisee, right-of-way license holder, or master permit holder under the franchise, right-of-way license, or master permit are transferred, sold, assigned or leased, in whole or in part, to another party; provided that it will be presumed that any transfer or cumulative transfer of voting interest of 20 percent or more is transfer of working control within the meaning of this definition. QQ. "Usable space" means the total distance between the top of a utility pole and the lowest possible attachment point that provides the minimum allowable vertical clearance as specified in any federal or state order or regulation. RR. "Use permit" means the legal authorization from the City, in addition to a master permit or franchise, to enter and use a specified portion of the public rights-of-way for the purpose of installing, repairing, or removing identified facilities. SS. "Utility easement" means any easement owned by the City and acquired, established, dedicated or devoted for public utility purposes not inconsistent with telecommunications facilities, excluding easements not specifically allowing license, franchise or lease holders. TT. "Utility facilities" means the plant, equipment and property, including but not limited to the poles, pipes, mains, conduits, ducts, cables, wires, plant and equipment located under, on or above the surface of the ground within the rights-of-way of the City and used or to be used for the purpose of providing utility and telecommunications services. UU. "Working control" means the ability to affect management decisions. It will be presumed that voting interest of 20 percent or more is considered working control within the meaning of this chapter. (Ord. 3083 § 1 (part), 6/29/2001) 11.14.030 - Occupation license required. Except as otherwise provided herein, any service provider engaged in the business of telecommunications service of any kind originating or terminating in the City shall obtain an occupation license from the City pursuant to Chapter 5.80, Licensing and Taxation, PAMC, as applicable. Page 33 (Ord. 3083 § 1 (part), 6/29/2001) 11.14.040 - Right-of-way license required for private telecommunications system. Except as otherwise provided herein, any person who desires to construct, install, control or otherwise locate telecommunications facilities in, under, over or across any rights-of-way of the City for the sole purpose of providing a private telecommunications system shall first obtain a right -of-way license granting the use of such rights-of-way from the City pursuant to PAMC 11.14.100. (Ord. 3083 § 1 (part), 6/29/2001) 11.14.050 - Master permit required for telecommunications service. Except as otherwise provided herein, any person who desires to construct, install, control or otherwise locate telecommunications facilities in, under, over or across any rights -of-way of the City to provide telecommunications service, shall first obtain a master permit granting the use of such rights-of-way from the City pursuant to PAMC 11.14.100. (Ord. 3083 § 1 (part), 6/29/2001) 11.14.060 - Persons asserting an existing state-wide grant. Any person asserting an existing state-wide grant based on a predecessor telephone or telegraph company's existence at the time of the adoption of the Washington State Constitution may continue to operate under the existing state-wide grant provided the person provides the City with documentation evidencing the existing state-wide grant. The City may request, but not require, a person asserting an existing state-wide grant to obtain a master permit under this chapter. A person asserting an existing state- wide grant may elect at any time to apply for a superseding master permit under this chapter. All service providers asserting existing state-wide grants or other authority to use and occupy the right-of-way shall be subject to the same requirements as holders of master permits to the extent allowed by state and federal law. (Ord. 3083 § 1 (part), 6/29/2001) 11.14.070 - Facilities lease required. Any person, including but not limited to service providers and non-service providers, who occupies or desires to locate telecommunications equipment on or in City property, including lands or City-owned physical facilities other than the public rights-of-way, shall not locate such facilities or equipment on City property unless granted a facilities lease from the City pursuant to PAMC 11.14.030. The City reserves unto itself the sole discretion to lease City property for telecommunications facilities, and no vested or other right shall be created by this section or any provision of this chapter applicable to such facilities leases. For purposes of this section, "City property" shall include site-specific locations in the rights-of-way. (Ord. 3083 § 1 (part), 6/29/2001) 11.14.080 - Use permits required. Except as otherwise provided herein, the holder of a right-of-way license, master permit, franchise or lease granted pursuant to this chapter or otherwise authorized to use and occupy the public rights-of-way, shall, in addition to said right-of-way license, master permit, franchise, lease, or grant be required to obtain a use Page 34 permit from the City pursuant to 11.08 PAMC before performing any work in City rights-of-way. Pole attachments shall meet requirements of Chapter 13.14 PAMC. No work, construction, development, excavation, or installation of any equipment or facilities shall take place within the rights -of-way or upon City property until such time as the use permit is issued except as provided in Titles 11 and 13 PAMC. (Ord. 3083 § 1 (part), 6/29/2001) 11.14.090 - Transitional provisions. A. Service providers operating without a franchise or master permit or other grant or agreement. Any person operating any facility which requires a master permit under this chapter, other than a person holding a franchise, license or lease under this chapter, or other grant or authority from the City, shall have three months from the effective date of this chapter to file the necessary applications for a master permit under this chapter. Any person timely filing such an application shall not be subject to City remedies under PAMC 11.14.130 hereof for failure to have such a master permit as long as said application remains pending; provided, however, nothing herein shall relieve any person of any liability for failure to obtain any franchise or right-of-way license required under other City ordinances, and nothing herein shall prevent the City from requiring removal of any facilities installed in violation of any such ordinances. B. Persons holding leases. Any lessee, under a lease from the City for facilities located on City property that is valid and in force on the effective date of this chapter, may continue to occupy such property to the conclusion of the term of the lease, in accordance with the terms of such lease; provided, however, that such lessee may elect at any time to apply for a superseding lease under this chapter. (Ord. 3083 § 1 (part), 6/29/2001) 11.14.100 - Administrative provisions. A. Right-of-way license. A right-of-way license shall be required of any person who occupies or desires to construct, install, control or otherwise locate telecommunications facilities in, under, over or across any rights-of-way of the City, which facilities are not used to provide telecommunications service for hire, sale or resale to the general public or are used for the sole purpose of providing a private telecommunications system. A right-of-way license is not required for persons already holding master permits for the same telecommunications facilities. 1. Right-of-way license application. Any person who desires a right-of-way license pursuant to this chapter shall file an application with the City, which shall include the following information: (a) The identity of the applicant and the persons who exercise working control over the applicant. Publicly traded entities may provide copies of the pertinent portions of their most recent sworn filing(s) with the Federal Securities and Exchange Commission that evidence any working control ownership interests, to comply with this requirement. (b) A description of the telecommunications services that are or will be offered or provided by the applicant over its telecommunications facilities. Only general, non-proprietary information need be provided. (c) Whether the applicant intends to provide cable service, open video service or other video programming service, and sufficient information to determine whether such service is subject to the City's cable franchising requirements. Only general, non-proprietary information need be provided. (d) A network map of existing and proposed facilities to be located within the City, all in sufficient detail to identify: Page 35 (i) The location and route requested for the applicant's proposed facilities, including any environmentally sensitive areas that may be subject to City's State Environmental Protection Act (SEPA) ordinance. (ii) The specific trees, structures, improvements, stormwater facilities/BMPs facilities and obstructions, if any, that the applicant proposes to temporarily or permanently remove or relocate; and (iii) To the extent known at the time of application, the location(s) where there are or will be interconnections of telecommunications facilities by the applicant. 2. Map format/media. The Director shall have the discretion to prescribe the format and/or media of said maps, consistent with City ordinances and policies. To the extent compatible with the City's electronic mapping software, the applicant shall provide said maps in a computer readable electronic format, together with the following information: (a) A description of the transmission medium that will be used by the applicant to offer or provide such private telecommunications services. (b) A description of the City's existing available facilities, such as utility poles, conduits, vaults, etc., that the applicant proposes to use to provide such private telecommunications services in accordance with applicable City regulations and requirements. (c) If the applicant is proposing to install overhead facilities, evidence that surplus space is available for locating its private telecommunications facilities on existing utility poles along the proposed route. (d) If the applicant is proposing an underground installation in existing ducts or conduits within the rights-of-way, evidence that surplus space is available for locating its private telecommunications facilities in such existing ducts or conduits along the proposed route. (e) A preliminary construction schedule and completion date. (f) Information establishing that the applicant has obtained all other governmental approvals, permits and facilities leases, to construct the facilities. (g) All deposits or charges and application fees required pursuant to this chapter. 3. Determination by the City. Within 90 days after receiving a complete application under PAMC 11.14.100A, the Director shall issue a written determination granting or denying the right-of-way license in whole or in part. If the right-of-way license is denied, the written determination shall include the reasons for denial. The decision to grant or deny an application for a right-of-way license shall be based upon the following standards: (a) Whether the applicant's private telecommunications system which will occupy the right-of- way has received all requisite licenses, certificates and authorizations from the Federal Communications Commission, the Washington Utilities and Transportation Commission, or any other federal or state agency having jurisdiction. (b) Whether the application demonstrates that adequate technical, financial and legal resources are available to perform the requirements of this ordinance. (c) The damage or disruption, if any, of public or private facilities, improvements, service, travel or landscaping if the right-of-way license is granted. (d) The public interest in minimizing the cost and disruption of construction within the rights-of- way. (e) The effect, if any, on public health, safety and welfare if the right-of-way license is granted. (f) The availability of alternate routes and/or locations for the proposed facilities. (g) Applicable federal and state telecommunications laws, regulations and policies. Page 36 4. Agreement. No right-of-way license shall be deemed to have been granted hereunder until the applicant and the City have executed a written agreement setting forth the particular terms and provisions under which the grantee has been granted the right to occupy and use rights-of-way of the City. 5. Term of right-of-way license. Unless otherwise specified in a right-of-way license, a right-of-way license granted hereunder shall be valid for a term of five years, subject to renewal as provided in this chapter. 6. Nonexclusive grant. No right-of-way license granted under this chapter shall confer any exclusive right, privilege, license or franchise to occupy or use the rights-of-way of the City for delivery of telecommunications services or any other purposes. 7. Rights granted. No right-of-way license granted under this chapter shall convey any right, title or interest in the rights-of-way, but shall be deemed a right-of-way license only to use and occupy the rights-of-way for the limited purposes and term stated in the right-of-way license. Further, no right-of-way license shall be construed as any warranty of title. 8. Specified route. A right-of-way license granted under this chapter shall be limited to a grant of specific rights-of-way and defined portions thereof. 9. Amendment of right-of-way license. A new application shall be required of any person who desires to extend or locate its private telecommunications facilities in rights-of-way of the City, which are not included in a right-of-way license previously granted under this chapter. If ordered by the City to locate or relocate its private telecommunications facilities in rights-of-way not included in a previously granted right-of-way license, the City shall grant an amendment to the right-of-way license without further application. 10. Renewal of right-of-way license. A grantee that desires to renew its right-of-way license under this chapter for an additional term shall, not more than 180 days nor less than 90 days before expiration of the current right-of-way license, file an application with the City for renewal which shall include the following: (a) The information required pursuant to PAMC 11.14.100A. (b) Any information required pursuant to the right-of-way license agreement between the City and the grantee. (c) All deposits or charges and application fees required pursuant to this chapter. 11. Renewal determination. Within 90 days after receiving a complete application for renewal, the Director shall issue a written determination granting or denying the renewal application in whole or in part. If the renewal application is denied, the written determination shall include the reasons for denial. The decision to grant or deny an application for the renewal of a right -of-way license shall, in addition to the standards set forth in PAMC 11.14.100.A.3., be based upon the following standards: (a) The continuing capacity of the rights-of-way to accommodate the applicant's existing facilities. (b) The applicant's compliance with the requirements of this chapter and the right-of-way license. (c) Applicable federal, state and local telecommunications laws, rules and policies. 12. Obligation to cure as a condition of renewal. No right-of-way license shall be renewed until any ongoing violations or defaults in the grantee's performance under the right-of-way license, or of the requirements of this chapter, have been cured, or a plan detailing the corrective action to be taken by the grantee has been approved by the City. B. Master permit. A master permit shall be required of any service provider who desires to construct, install, control or otherwise locate telecommunications facilities in, under, over or across, any right-of- way of the City, and to provide telecommunications service for hire, sale or resale to the general public; Page 37 provided, however, that a right-of-way license in accordance with PAMC 11.14.100.A. may, with the approval of the Director, be substituted for a master permit for de minimis (i.e., significantly less than city-wide or route specific) uses of rights-of-way made in conjunction with a telecommunications system located entirely upon publicly or privately owned property. 1. Master permit application. Any person that desires a master permit pursuant to this chapter shall file an application with the City which shall include: (a) The identity of the applicant and the persons who exercise working control over the applicant. Publicly traded entities may provide copies of the pertinent portions of their most recent sworn filing(s) with the Federal Securities and Exchange Commission that evidence any working control ownership interests, to comply with this requirement. (b) A description of the telecommunications services that are or will be offered or provided by the applicant over its telecommunications facilities. Only general, non-proprietary information need be provided. (c) Whether the applicant intends to provide cable service, open video service or other video programming service, and sufficient information to determine whether such service is subject to the City's cable franchising requirements. Only general, non-proprietary information need be provided. (d) At the time of the application, a network map of existing and proposed facilities to be located within the City, all in sufficient detail to identify: (i) The location and route requested for applicant's proposed facilities, including any environmentally sensitive areas that may be subject to the City's SEPA ordinance. (ii) The specific trees, structures, improvements, stormwater facilities/BMPs facilities and obstructions, if any, that the applicant proposes to temporarily or permanently remove or relocate; and (iii) To the extent known at the time of application, the names of other telecommunications carriers, operators or providers to which there will be an interconnection of telecommunications facilities by the applicant. (e) An accurate map showing the location of any existing telecommunications facilities in the City that applicant intends to use or lease to the extent not previously provided. (f) The area or areas of the City that the applicant desires to serve and the initial schedule, if any, for build-out to the master area. (g) All deposits or charges and application fees required pursuant to this chapter. 2. Determination by the City. Within 120 days after receiving a complete application under PAMC 11.14.100.B. hereof, the City shall issue a written determination granting or denying the application in whole or in part unless the applicant agrees to a longer period or the master permit sought requires action of the Council and such action cannot reasonably be obtained within 120 days. If the application is denied, the City's decision shall be supported by substantial evidence contained in the written determination, which shall include the reasons for denial. Prior to granting or denying a master permit under this chapter, the Council shall conduct a public hearing and make a decision based upon the standards set forth below. The Council shall not approve any master permit hereunder until the next regularly scheduled Council meeting following the public hearing. Said standards are: (a) Whether the applicant's telecommunications system which will occupy the right -of-way has received all requisite licenses, certificates and authorizations from the Federal Communications Commission, the Washington Utilities and Transportation Commission, or any other federal or state agency having jurisdiction. Page 38 (b) To the extent allowed under applicable law or if the applicant is a provider of cable television service, whether the applicant's application demonstrates adequate technical, financial and legal resources are available. (c) The damage or disruption, if any, of public or private facilities, improvements, service, travel or landscaping if the master permit license is granted. (d) The public interest in minimizing the cost and disruption of construction within the rights-of- way. (e) The effect, if any, on public health, safety and welfare if the master permit license is granted. (f) The availability of alternate routes and/or locations for the proposed facilities. (g) Applicable federal and state telecommunications laws, regulations and policies. 3. Agreement and ordinance. No master permit shall be deemed to have been granted hereunder until the applicant and the City have executed a written agreement, as adopted by ordinance, which ordinance shall set forth the particular terms and provisions under which the service provider has been granted the right to occupy and use rights-of-way of the City. 4. Term of master permit grant. Unless otherwise specified in a master permit agreement, a master permit granted hereunder shall be valid for a term of ten years subject to renewal as provided in this chapter. 5. Nonexclusive grant. No master permit granted under this chapter shall confer any exclusive right or privilege to occupy or use the rights-of-way of the City for delivery of telecommunications services or any other purposes. 6. Rights granted. No master permit granted under this chapter shall convey any right, title or interest in the rights-of-way, but shall be deemed a master permit only to use and occupy the rights-of- way for the limited purposes and term stated in the master permit. Further, no master permit shall be construed as any warranty of title. 7. Amendment of master permit grant. A new master permit application and grant shall be required of any person who desires to extend its master permit territory or to locate its telecommunications facilities in rights-of-way of the City which are not included in a master permit previously granted under this chapter. If ordered by the City to locate or relocate its telecommunications facilities in rights-of-way not included in a previously granted master permit, the grantee shall be granted a master permit amendment without further application. 8. Renewal of master permit. A service provider that desires to renew its master permit under this chapter for an additional term shall, not more than 180 days nor less than 120 days before expiration of the current master permit, file an application with the City for renewal of its master permit, which application shall include the following: (a) The information required pursuant to PAMC 11.14.100.A. (b) Any information required pursuant to the master permit agreement between the City and the grantee. (c) All deposits or charges and application fees required pursuant to this chapter. 9. Renewal determination. Within 120 days after receiving a complete application for renewal, the City shall issue a written determination granting or denying the renewal application in whole or in part. If the renewal application is denied, the City's decision shall be supported by substantial evidence contained in the determination, which shall include the reasons for denial. Prior to granting or denying renewal of a master permit under this chapter, the Council shall conduct a public hearing and make a decision based upon the standards set forth in PAMC 11.14.100.B.2., and the following additional standards: (a) The continuing capacity of the rights-of-way to accommodate the applicant's existing facilities. Page 39 (b) The applicant's compliance with the requirements of this chapter and the master permit agreement. (c) Applicable federal, state and local telecommunications laws, rules and policies. 10. Obligation to cure as a condition of renewal. No master permit shall be renewed until any ongoing violations or defaults in the service provider's performance of the master permit agreement, or of the requirements of this chapter, have been cured, or a plan detailing the corrective action to be taken by the service provider has been approved by the City. 11. Expedited processing of use permits. A master permit may contain a procedure for expedited processing of a use permit based on reasonable necessity arising from hardship or emergency. C. Facilities lease. The Council may, in its sole discretion, approve facilities leases for the location of telecommunications facilities and other facilities upon City property, as that term is defined in this chapter or upon right-of-way as permitted under RCW 35.21.860(1)(e). Neither this section nor any other provision of this chapter shall be construed to create an entitlement or vested right in any person or entity. 1. Lease application. Any person that desires to solicit the City's approval of a facilities lease for telecommunications facilities pursuant to this chapter shall file a lease application with the City, which shall include the following: (a) The identity of the applicant. (b) A description of the telecommunications facilities or other equipment proposed to be located upon City property. (c) A description of the City property upon which the applicant proposes to locate telecommunications facilities or other equipment. (d) Demonstration of compliance with Title 17 PAMC, Zoning, if applicable. (e) Preliminary plans and specifications in sufficient detail to identify: (i) The location(s) of existing telecommunications facilities or other equipment upon the City property, whether publicly or privately owned. (ii) The location and source of electric and other utilities required for the installation and operation of the proposed facilities. (f) Accurate scale conceptual drawings and diagrams of sufficient specificity to analyze the aesthetic impacts of the proposed telecommunications facilities or other equipment. (g) An accurate map showing the location of any existing telecommunications facilities in the City that applicant intends to use or lease. (h) All deposits or charges and application fees required pursuant to this chapter. 2. Determination by the City. Within 120 days after receiving a complete application under PAMC 11.14.100.C., the City shall issue a written determination granting or denying the application in whole or in part. If the lease application is denied, the written determination shall include the reasons for denial. The decision to grant or deny an application for a facilities lease shall be based upon the following standards: (a) Whether the applicant's facilities, which will occupy the City property, have received all requisite licenses, certificates and authorizations from the Federal Communications Commission, the Washington Utilities and Transportation Commission, or any other federal or state agency having jurisdiction. (b) Whether the applicant's application demonstrates that adequate technical, financial and legal resources are available. (c) The damage or disruption, if any, of public or private facilities, improvements, service, travel or landscaping if the lease is granted. Page 40 (d) The public interest in minimizing the cost and disruption of construction upon City property and within the rights-of-way. (e) The effect, if any, on public health, safety and welfare if the lease requested is approved. (f) The availability of alternate locations for the proposed facilities. (g) The potential for radio frequency and other interference with existing public and private telecommunications or other facilities located upon the City property. (h) The potential for radio frequency and other interference or impacts upon residential, commercial and other uses located within the vicinity of the City property. (i) Applicable federal and state telecommunications laws, regulations and policies. 3. Agreement. No facilities lease shall be deemed to have been granted hereunder until the applicant and the City have executed a written agreement setting forth the particular terms and provisions under which the lessee has been granted the right to occupy and use the City property. 4. Term of facilities lease. Unless otherwise specified in a lease agreement, a facilities lease granted hereunder shall be valid for a term of one year, subject to annual renewal as provided in this chapter. 5. Nonexclusive lease. No facilities lease granted under this chapter shall confer any exclusive right, privilege, license, master permit or franchise to occupy or use City property for delivery of telecommunications services or any other purposes. 6. Rights granted. No facilities lease granted under this chapter shall convey any right, title or interest in the City property, but shall be deemed a facilities lease only to use and occupy the City property for the limited purposes and term stated in the lease agreement. Further, no facilities lease shall be construed as any warranty of title. 7. Interference with other users. No facilities lease shall be granted under this chapter unless it contains a provision, which is substantially similar to the following: "The City may have previously entered into leases with other tenants for their equipment and antennae facilities. Lessee acknowledges that the City may also be leasing the City property for the purposes of transmitting and receiving telecommunications signals from the City property. The City, however, is not in any way responsible or liable for any interference with lessee's use of the City property which may be caused by the use and operation of any other tenant's equipment, even if caused by new technology. In the event that any other tenant's activities interfere with the lessee's use of the City property, and the lessee cannot resolve this interference with the other tenants, the lessee may, upon 30 days' notice to the City, terminate this lease and restore the City property to its original condition, reasonable wear and tear excepted. The lessee shall cooperate with all other tenants to identify the causes of and work towards the resolution of any electronic interference problem. In addition, the lessee agrees to eliminate any radio or television interference caused to City-owned facilities or surrounding residences at lessee's own expense and without installation of extra filters on City-owned equipment. Lessee further agrees to accept such interference as may be received from City-operated telecommunications or other facilities located upon the City property subject to this lease." 8. Ownership and removal of improvements. No facilities lease shall be granted under this chapter unless it contains a provision, which states that all buildings, landscaping and all other improvements, except telecommunications equipment, shall become the property of the City upon expiration or termination of the lease. In the event that telecommunications facilities or other equipment are left upon City property after expiration or termination of the lease, they shall become the property of the City if not removed by the lessee upon 30 days' written notice from the City. In the event that the City requires removal of such improvements, such removal shall be accomplished at the sole expense of the lessee and completed within 90 days after rec eiving Page 41 notice from the City requiring removal of the improvements, or removal will be accomplished by the City at lessee's expense. 9. Cancellation of lease by lessee. (a) All facilities leases are contingent upon the prospective lessee obtaining all necessary permits, approvals and licenses for the proposed facilities. In the event that the prospective lessee is unable to obtain all such permits, approvals and licenses, it may cancel its lease, and obtain a pro rata refund of any rents paid, without further obligation by giving 30 days' written notice to the City. (b) In the event that the holder of a facilities lease determines that the City property is unsuitable for its intended purpose, the lessee shall have the right to cancel the lease upon 120 day s' written notice to the City. However, no prepaid rent shall be refundable. 10. Amendment of facilities lease. Except as provided within an existing lease agreement, a new lease application and lease agreement shall be required of any telecommunications carrier or other entity that desires to expand, modify or relocate its telecommunications facilities or other equipment located upon City property. If ordered by the City to locate or relocate its telecommunications facilities or other equipment on the City property, the City shall grant a lease amendment without further application. 11. Renewal application. A lessee that desires to renew its facilities lease under this chapter shall, not more than 120 days nor less than 60 days before expiration of the current facilities lease, file an application with the City for renewal of its facilities lease which shall include the following: (a) The information required pursuant to PAMC 11.14.100.C.; (b) Any information required pursuant to the facilities lease agreement between the City and the lessee; (c) All deposits or charges and application fees required pursuant to this chapter. 12. Renewal determination. Within 60 days after receiving a complete application for renewal, the City shall issue a written determination granting or denying the renewal application in whole or in part. If the renewal application is denied, the written determination shall include the reasons for denial. The decision to grant or deny an application for the renewal of a facilities lease shall, in addition to the standards set forth in PAMC 11.14.100.C.2., be based upon the following additional standards: (a) The continuing capacity of the City property to accommodate the applicant's existing facilities. (b) The applicant's compliance with the requirements of this chapter and the lease agreement. (c) Applicable federal, state and local telecommunications laws, rules and policies. 13. Obligation to cure as a condition of renewal. No facilities lease shall be renewed until any ongoing violations or defaults in the lessee's performance of the lease agreement, or of the requirements of this chapter, have been cured, or a plan detailing the corrective action to be taken by the lessee has been approved by the City. 14. There shall be no appeal of the City's determination under PAMC 11.14.100.C. D. Appeal of City determination. Any person aggrieved by the granting or denying of a right-of-way license, master permit, use permit or the renewals thereof pursuant to this chapter shall have the right to appeal to the Council as follows: 1. All appeals filed pursuant to this subsection must be filed in writing with the Director within ten working days of the date of the decision appealed from. Page 42 2. All appeals filed pursuant to this subsection shall specify the alleged error of law or fact, or new evidence which could not have been reasonably available at the time of the Director's decision, which shall constitute the basis of the appeal. 3. Upon receipt of a timely written notice of appeal, the Director shall advise the Council of the pendency of the appeal and request that a date for considering the appeal be established. 4. The Council shall have the option of directing that the appeal be heard before a hearing examiner who shall forward a recommendation to the Council, which shall take final action on the appeal. Referral to a hearing examiner may be made by motion approved by a majority of the Council members present at the time of voting; 5. All relevant evidence shall be received during the hearing on the appeal. 6. Unless substantial relevant information is presented which was not considered by the Director, such decision shall be accorded substantial weight, but may be reversed or modified by the Council if, after considering all of the evidence in light of the applicable goals, policies and provisions of this chapter, the Council determines that a mistake has been made. Where substantial new relevant information which was not considered in the making of the decision appealed from has been presented, the Council shall make its decision only upon the basis of the facts presented at the hearing of the appeal, or may elect to remand the matter for reconsideration by the Director in light of the additional information. 7. For all appeals decided pursuant to this subsection, the City shall provide a record that shall consist of written findings and conclusions. 8. A service provider adversely affected by the final action of the City denying a master permit, or by an unreasonable failure to act on a master permit according to the procedures established by the City, may commence an action within 30 days of the decision or the expiration of any reconsideration period, whichever is later, with a court having jurisdiction over such action. Any action against the City for denial of a master permit or unreasonable failure to act on a master permit shall be limited to injunctive relief. 9. No action to obtain judicial review shall be commenced unless all rights of appeal provided by this Subsection are fully exhausted. The cost of transcription of all records ordered certified by the court for such review shall be borne by the party seeking such review. A copy of each transcript prepared by such party shall be submitted to the City for confirmation of its accuracy. (Ord. 3083 § 1 (part), 6/29/2001) 11.14.110 - Fees and compensation. A. Payment of fees and compensation to the City. It is a significant purpose of this chapter to ensure that the City, as far as possible, is compensated for the rights granted and receives fair and reasonable value for use of public rights-of-way and City property over which it exercises control, or which is held in public trust and is compensated for expenses arising from the use of those public rights-of-way and City property. The fact that a fee is paid on one type of service provided over a telecommunications system, does not excuse a carrier, operator or provider from its duty to pay fees on other services provided over that facility as required by this chapter. B. Right-of-way license, master permit or facilities lease—Application and review fee. The application shall be accompanied by the necessary application fee deposit as set forth in Chapter 3.70 PAMC. C. Use permit fee. Prior to actual construction, every applicant for a right-of-way license or master permit shall obtain a right-of-way use permit and pay the use permit fees pursuant to Chapter 3.70 PAMC. Page 43 D. Compensation for use of rights-of-way. RCW 35.21.860 currently prohibits a municipal franchise fee for permission to use the right-of-way from any person engaged in the "telephone business," as defined in RCW 82.04.065. The City reserves the right to impose and receive a master permit fee of a percentage, up to the maximum allowed by law, of the grantee's gross receipts from its business activities in the City, if this statutory prohibition is repealed, or for other telecommunications activities not covered by the statutory prohibition. The master permit fee shall be compensation for use of the rights-of-way and shall not be applied as credit towards occupational fees or taxes required under PAMC 11.14.030 and Title 5 PAMC. E. Compensation for City property occupancy and use and facility leases. Each facilities lease granted under this chapter or a lease for use and occupancy of a specific site in the right-of-way is subject to the City's right, which is expressly reserved, to fix a fair and reasonable compensation to be paid for the rights granted to the lessee; provided, nothing in this chapter shall prohibit the City and a lessee from agreeing to the compensation to be paid. Notwithstanding any other provision in this chapter, any charges for use and occupancy of a specific site in the right-of-way pursuant to an agreement between the City and a service provider of personal wireless services shall be in accordance with RCW 35.21.860(1)(e). The compensation for a facilities lease shall be based on the area of the property leased and a rate determined by a professional appraiser approved by both the City and the applicant. The applicant shall pay the cost of the appraisal. Pole attachment and conduit, vault and other City infrastructure usage fees shall be the amounts required by Chapter 13.14 PAMC. Compensation for facilities leases shall be payable in advance of the effective date of the lease and on or before January 31 of each calendar year. Any payments received after the due date shall include interest on the amount owed of one percent per month, or prorated fraction thereof, compounded monthly. F. Grantee's costs. Nothing in this chapter relieves any grantee of its obligation to bear costs associated with its operations, including but not limited to costs of moving facilities at the direction of the City , to the extent consistent with PAMC 11.14.120.P. G. General rules for payment of fees and compensation. 1. These general rules shall only apply in the event the franchise fee prohibition in RCW 35.21.860 is repealed. 2. Unless otherwise specified in a master permit or a right-of-way license, master permit and right- of-way license fees or compensation shall be paid to the City monthly, and not later than 25 days after the end of the month for which the fee or compensation is owed. Any payments received after the due date shall include interest on the amount owed of one percent per month, or prorated fraction thereof, compounded monthly. 3. Unless a master permit or right-of-way license provides otherwise, each master permit or right- of-way license fee payment shall be accompanied by a statement showing the manner in which the fee was calculated. The statement shall be in a form approved by the City. 4. No acceptance by the City of any master permit or right-of-way license fee shall be construed as an accord that the amount paid is in fact the correct amount, nor shall such acceptance of such master permit or right-of-way license fee payment be construed as a release of any claim the City may have for additional sums payable. 5. Within 90 days following the end of the calendar year, each person which paid a master permit or right-of-way license fee based upon gross revenues shall submit a statement, certified as true by the chief financial officer of such person, setting forth gross revenues of the telecommunications system, by category, and describing what revenues were included and excluded in the fee calculation, and any adjustments made to gross revenues. If additional sums are payable, in addition to paying any applicable penalties or damages, the person that owes the additional fee shall pay interest on the amount owed, at the rate of one percent per month, or prorated fraction thereof, compounded monthly. Page 44 6. The City may, from time to time and upon reasonable advance written notice, inspect and audit any and all books and records reasonably necessary to the determination of whether fees have been accurately computed and paid. The grantee must provide the books and records or copies thereof to the City or advance the costs of travel and per diem for an employee or employees of the City to inspect and copy such books and records at any location more than 50 miles outside the City at which such books and records are kept in the course of business. To the extent allowed by law, the City shall treat all records provided by the grantee for inspection and audit as confidential and proprietary information not to be disclosed to others or used for any other purpose. 7. Notwithstanding the foregoing, in the event that a person that is obligated to pay a fee ceases to provide service for any reason (including as a result of a transfer), such person shall make a final payment of any amounts owed to the City within ten calendar days of the date its operations in the City cease and shall provide a statement of gross revenues for the calendar year through the date operations ceased, which statement shall contain the information and certification required by PAMC 11.14.110.G.5. H. Regulatory fees and compensation not a tax. The regulatory fees and costs provided for in this chapter and any compensation charged and paid for the rights-of-way and City property provided for in PAMC 11.14.110.D. are separate from, and additional to, any and all federal, state, local and city taxes as may be levied, imposed or due from carriers, operators, providers, their customers or subscribers, or on account of the lease, sale, delivery or transmission of telecommunications services. Compensation for use of the rights-of-way, if shown on applicant's customer bills, shall be identified as such and shall not be shown as, or combined with, other taxes. (Ord. 3083 § 1 (part), 6/29/2001) 11.14.120 - Conditions of licenses, master permits and leases. A. Purpose. A significant purpose of this chapter is to set forth certain terms and conditions which are common to all right-of-way licenses, master permits, and facilities leases. Except as otherwise provided in this chapter or in such a right-of-way license, master permit or facilities lease, the provisions of this chapter apply to all such right-of-way licenses, master permits and facilities leases approved or granted by the City. B. Rules and regulations of the City. 1. All grantees are required to provide copies of any applicable certificates that authorize the grantee to provide telecommunications services as may be required by federal or state law. 2. All grantees are required to cooperate with the City and with each other. (a) Each grantee shall meet with the City, other grantees and users of the rights-of-way annually or as determined by the City to coordinate construction in the rights-of-way. (b) All construction locations, activities and schedules shall be coordinated, as ordered by the Director, to minimize public inconvenience, disruption or damages. 3. All grantees, before commencing any construction in the rights-of-way, shall comply with all regulations of Chapter 19.122 RCW (One Call Locator Service). 4. The City reserves the right to require all grantees to provide written confirmation: (a) Sufficient for customary land survey and land title insurance purposes concerning the location of their facilities in rights-of-way; and (b) Disclaiming any interest in rights-of-way where the grantees have no franchise to construct or operate their facilities. Page 45 5. In addition to the inherent powers of the City to regulate and control any right -of-way license, master permit or lease it issues and those powers expressly reserved by the City, or agreed to and provided for in any right-of-way license, master permit or lease, the right and power is hereby reserved by the City to promulgate such additional regulations as it may find necessary in the exercise of its lawful powers giving due regard to the rights of grantees. 6. Except as provided in this chapter, the foregoing does not allow for amendment by the City of material terms of any license, master permit or lease it issues without the consent of the grantee. C. Acceptance. No right-of-way license, master permit or lease granted pursuant to the provisions of this chapter shall become effective unless and until the grantee files with the City Clerk its written acceptance of the license, master permit or lease in a form satisfactory to the City Attorney, together with the bonds and insurance policies required by this chapter. D. Safety requirements. Grantees, in accordance with applicable national, state and local safety requirements, shall at all times employ ordinary care and shall install and maintain and use commonly accepted methods and devices for preventing failures and accidents which are likely to cause damage, injury or nuisance to the public. All structures and all lines, equipment and connections in, over, under and upon the streets, sidewalks, alleys and rights-of-way or places of a license, master permit or lease area, wherever situated or located, shall at all times be kept and maintained in a safe, suitable condition, and in good order and repair. If a violation of the National Electrical Safety Code or other applicable regulation is found to exist, the City may, after discussions with the grantee, establish a reasonable time for a grantee to make necessary repairs. If the repairs are not made within the established time frame, the City may make the repairs itself or have them made and collect all reasonable costs thereof from a grantee. E. Insurance. Unless otherwise provided in a license, master permit or lease agreement, each grantee, as a condition of the license, master permit or lease, shall secure and maintain the following liability insurance policies insuring both the grantee and the City and its elected and appointed officers, officials, agents and employees as co-insureds. Grantees qualified to do business with the State of Washington, as self-insureds shall also meet the requirements listed below: 1. Comprehensive general liability insurance with limits not less than: (a) $5,000,000.00 for bodily injury or death to each person; (b) $5,000,000.00 for property damage resulting from any one accident; and (c) $5,000,000.00 for all other types of liability. 2. Automobile liability for owned, non-owned and hired vehicles with a limit of $3,000,000.00 for each person and $3,000,000.00 for each accident. 3. Worker's compensation within statutory limits and employer's liability insurance with limits of not less than $1,000,000.00. 4. Comprehensive form premises-operations, explosions and collapse hazard, underground hazard and products completed hazard with limits of not less than $3,000,000.00. 5. The liability insurance policies required by this subsection shall be maintained by the grantee throughout the term of the license, master permit, or lease, and such other period of time during which the grantee is operating without a license, master permit, or lease hereunder, or is engaged in the removal of its telecommunications facilities. Each such insurance policy shall contain the following endorsement: "It is hereby understood and agreed that this policy may not be canceled nor the intention not to renew be stated until 90 days after receipt by the City, by registered mail, of a written notice addressed to the Director of such intent to cancel or not to renew." 6. Within 60 days after receipt by the City of said notice, and in no event later than 30 days prior to said cancellation or intent not to renew, the grantee shall obtain and furnish to the City replacement insurance policies meeting the requirements of this subsection. Page 46 F. General indemnification. No license, master permit or lease shall be deemed to be granted under this chapter unless it includes an indemnity clause substantially conforming to the following: "The grantee hereby releases, covenants not to bring suit, and agrees to indemnify, defend and hold harmless the City, its officers, employees, agents and representatives from any and all claims, costs, judgments, awards or liability to any person, including claims by the grantee's own employees to which the grantee might otherwise be immune under Title 51 RCW, arising from injury or death of any person or damage to property, of which the negligent acts or omissions of the grantee, its agents, servants, officers or employees in performing under this license, master permit, or lease are the proximate cause." The grantee further releases, covenants not to bring suit, and agrees to indemnify, defend, and hold harmless the City, its officers and employees from any and all claims, costs, judgments, awards or liability to any person including claims by the grantee's own employees, including those claims to which the grantee might otherwise have immunity under Title 51 RCW, arising against the City solely by virtue of the City's ownership or control of the rights-of-way or other public properties, by virtue of the grantee's exercise of the rights granted herein, or by virtue of the City's permitting the grantee's use of the City's rights-of-way or other public property, based upon the City's inspection or lack of inspection of work performed by the grantee, its agents and servants, officers or employees in connection with work authorized on the City's property or property over which the City has control, pursuant to this license, master permit, or lease or pursuant to any other permit or approval issued in connection with this license, master permit, or lease. This covenant of indemnification shall include, but not be limited by this reference to, claims against the City arising as a result of the negligent acts or omissions of the grantee, its agents, servants, officers or employees in barricading, instituting trench safety systems, or providing other adequate warnings of any excavation, construction or work in any public right-of-way or other public place in performance of work or services permitted under this license, master permit, or lease". Inspection or acceptance by the City of any work performed by the grantee at the time of completion of construction shall not be grounds for avoidance of any of these covenants of indemnification. Said indemnification obligations shall extend to claims which are not reduced to a suit and any claims which may be compromised prior to the culmination or the institution of any litigation. In the event the grantee refuses the tender of defense in any suit or any claim, said tender having been made pursuant to the indemnification clauses contained herein, and said refusal is subsequently determined by a court having jurisdiction (or such other dispute resolution entity that the parties shall agree to decide the matter), to have been a wrongful refusal on the part of the grantee, then the grantee shall pay all of the City's costs for defense of the action, including all reasonable expert witness fees and reasonable attorneys' fees and the reasonable costs of the City of recovering under this indemnification clause. The provisions of this subsection shall survive the expiration or termination of this license, master permit, or lease agreement. Notwithstanding any other provisions of this subsection, the grantee shall assume the risk of damage to its facilities located in the City's rights-of-way, rights-of-way and easements from activities conducted by the City, its officers, agents, employees and contractors. The grantee shall release and waive any and all claims against the City, its officers, agents, employees or contractors for damage to or destruction of the grantee's facilities caused by or arising out of activities conducted by the City, its officers, agents, employees and contractors, in the rights-of-way, rights-of-way and easements subject to this license, master permit or lease, except to the extent any such damage or destruction is caused by or arises from the negligence or willful conduct on the part of the City, its officers, agents, employees or contractors. The grantee shall further agree to indemnify, hold harmless, and defend the City against any claims for damages, including, but not limited to, business interruption damages and lost profits, brought by or under users of the grantee's facilities as the result of any interruption of service due to damage or destruction of the user's facilities caused by or arising out of activities conducted by the City, its officers, agents, employees or contractors, except to the extent any such damage or destruction caused by or arising from the negligence or willful conduct on the part of the City, its officers, agents, employees or contractors, to the extent allowed by law. Page 47 G. Cash deposit/performance bond. Every grantee shall be required to provide a cash deposit or performance bond to ensure the faithful performance of its responsibilities in accordance with the requirements of Chapter 11.08 PAMC. H. Tree trimming. Upon ten days' written notice provided to the Director, except in an emergency of imminent danger to persons or property, the grantee may trim trees or other vegetation owned by the City or encroaching upon the public right-of-way to prevent their branches or leaves from touching or otherwise interfering with its wires. All trimming or pruning within environmentally sensitive areas shall be subject to applicable requirements of Chapter 15.20 PAMC "Environmentally Sensitive Areas Protection." All trimming or pruning shall be at the sole cost of the grantee. The grantee may contract for said trimming or pruning services with any person approved by the City. I. Location of facilities. All facilities shall be constructed, installed, and located in accordance with the following terms and conditions, unless otherwise specified in a license, master permit, or facilities lease: 1. Wherever a grantee has existing underground duct or conduit with capacity available, grantee shall install its telecommunications facilities within such underground duct or conduit. 2. A grantee with permission to install overhead facilities shall install its telecommunications facilities on pole attachments to existing utility poles only and then only if surplus space is available. 3. Whenever any existing electric utilities or telecommunications facilities are located underground within a right-of-way of the City, a grantee with permission to occupy the same right-of-way must also locate its telecommunications facilities underground. 4. Whenever any new or existing electric utilities and/or telecommunications facilities are located or relocated underground within a right-of-way of the City, a grantee that currently occupies the same right-of-way shall, at its own expense, relocate its facilities underground. Absent extraordinary circumstances or undue hardship as determined by the Director, such relocation shall be made concurrently to minimize the disruption of the rights -of-way. No extension granted by the Director under this subsection shall exceed a period of 12 months. The Director may waive the requirements for location of facilities under this Subsection, if the grantee demonstrates to the Director's satisfaction that such location requirements are commercially unreasonable or if provisions of the grantee's tariff filed with the Washington Utilities and Transportation Commission otherwise control. J. Interference with City property and the rights-of-way. No grantee may locate or maintain its telecommunications facilities to unreasonably interfere with the use of City property or the rights-of- way by the City, by the general public or by other persons authorized to use or be present in or upon the City property and rights-of-way. Unreasonable interference includes disruption to vehicular or pedestrian traffic on City property or the rights-of-way, interference with other City utilities, and such other activities that will present a hazard to public health, safety or welfare when alternative methods of construction would result in less disruption. All such facilities shall be moved by the grantee, at the grantee's cost, temporarily or permanently, as determined by the Director unless provisions of the grantee's tariff filed with the Washington Utilities and Transportation Commission otherwise control. If any grantee's tariff or if a change in the state law alters the responsibility for payment of relocation costs, then all affected grantees shall comply therewith. K. Damage to property. No grantee nor any person acting on a grantee's behalf shall take any action or permit any action to be done which may impair or damage any City property, rights-of-way of the City, other ways or other property, whether publicly or privately owned, located in, on or adjacent thereto. L. Damage to Facilities. Unless directly and proximately caused by the willful, intentional, grossly negligent or malicious acts of the City, the City shall not be liable for any damage to or loss of any telecommunications facility upon City property or within the rights-of-way of the City as a result of or in connection with any public works, public improvements, construction, excavation, grading, filling or work of any kind on such City property or within the rights-of-way by or on behalf of the City. Page 48 M. Maintenance of facilities. Each grantee shall maintain its facilities in good and safe condition and in a manner that complies with all applicable federal, state and local requirements. N. Abandonment of facilities. 1. If the grantee abandons use of its cable, ducts or other facilities authorized under a license, master permit, or lease, then the facilities shall be removed from the rights-of-way or City property to the satisfaction of the City at the grantee's cost. In lieu of removal the City may permit the improvements to be abandoned in place in such a manner as the City may prescribe. Upon permanent abandonment, the grantee shall submit to the City a proposal and instruments for transferring ownership to the City. 2. Upon revocation or termination of a license, master permit or lease, grantee shall to the satisfaction of the City and, without cost or expense to the City, within ten calendar days remove its facilities unless permitted by the City to be left in place in such manner as the City may prescribe. If grantee determines to remove such facilities, or any portion thereof, then grantee, at its sole expense, shall restore the rights-of-way where disturbed by such removal under the supervision and to the satisfaction of the City. 3. Any such facilities, which are not removed within 120 of either such date of termination or revocation or of the date the City issued a permit authorizing removal, whichever is later, shall become the property of the City at the City's option. The grantee shall notify the City to record facilities abandoned. O. Emergency removal or relocation of facilities. The City retains the right and privilege to cut or move any telecommunications facilities located within the rights-of-way or City property, as the City may determine to be necessary, appropriate or useful in response to any public health or safety emergency with imminent substantial harm to life or property. The City shall not be liable to any service provider, non-service provider, or any other party for any direct, indirect or any other such damages suffered by any person or entity of any type as a direct or indirect result of the City's actions under this subsection. P. Relocation of facilities. 1. The City may require service providers or non-service providers to relocate authorized facilities within the right-of-way when reasonably necessary for construction, alteration, repair, or improvement of the right-of-way for the purposes of public welfare, health, or safety. The City shall notify both service providers and non-service providers as soon as practicable of the need for relocation and shall specify the date by which relocation shall be completed. In calculating the date the relocation must be completed, the City shall consult with the affected service providers and non-service providers and consider the extent of facilities to be relocated, the service's requirements, and the construction sequence for the relocation, within the City's overall project construction sequence and constraints, to safely complete the relocation. Each service provider and non-service provider shall complete the relocation by the date specified, unless the City establishes a later date for completion, after a showing by the service provider or non-service provider that the relocation cannot be completed by the date specified using best efforts in meeting safety and service requirements. 2. A service provider may not seek reimbursement for its relocation expenses from the City under paragraph 1. of this subsection except as strictly provided for in RCW 35.99.060. 3. The City may require the relocation of facilities at the service provider's or non-service provider's expense in the event of an unforeseen emergency that creates an immediate threat to the public safety, health, or welfare. Q. Removal of unauthorized facilities. Within 30 days following written notice from the City, any grantee that owns, controls or maintains any unauthorized telecommunications system, facility or related appurtenances within the rights-of-way or City property shall, at its own expense, remove such facilities or appurtenances from the rights-of-way or City property. A telecommunications system or facility is unauthorized and subject to removal in the following circumstances: 1. Upon expiration or termination of the grantee's license, master permit, or lease. Page 49 2. Upon abandonment of a facility within the rights-of-way or City property. Any property of a grantee shall be deemed abandoned if left in place 90 days after expiration or termination of a license, master permit or lease. 3. If the system or facility was constructed or installed without prior grant of a license, master permit or lease, unless said system or facility was constructed or installed prior to the effective date of this chapter. 4. If the system or facility was constructed or installed without prior issuance of a required construction permit or use permit. 5. If the system or facility was constructed or installed at a location not permitted by the grantee's license, master permit, or lease. The City may, in its sole discretion, allow a grantee, or other such persons who may own, control or maintain telecommunications facilities within the rights-of-way or City property to abandon such facilities in place. No facilities of any type may be abandoned in place without the express written consent of the City. Any plan for abandonment or removal of a grantee's facilities must be first approved by the Director, and all necessary permits must be obtained prior to such work. Upon permanent abandonment of the facilities in place, at the City's option, the property shall become that of the City, and the grantee shall submit to the Director an instrument in writing, subject to approval by the City Attorney, transferring to the City the ownership of such facilities. The provisions of this subsection shall survive the expiration, revocation, or termination of a license, master permit or lease granted under this chapter or under any other city approval. R. Failure to remove or relocate. If a grantee is required to remove, relocate, change or alter the telecommunications facilities constructed, operated and/or maintained hereunder and fails to do so, the City may cause such to occur and charge the grantee for the costs incurred. S. Duty to provide information. Within 30 days of a written request from the City, each grantee shall furnish the City with information sufficient to demonstrate: 1. That grantee has complied with all requirements of this chapter. 2. That all sales, utility and/or telecommunications taxes due the City in connection with the telecommunications services and facilities provided by the grantee have been properly collected and paid by the grantee. 3. All books, records, maps and other documents, maintained by the grantee for its facilities within the rights-of-way shall be made available for inspection by the City at reasonable times and intervals. Nothing in this subsection shall be construed to require a grantee to violate state or federal law regarding subscriber privacy, nor be construed to require a grantee to disclose proprietary or confidential information without adequate safeguards for its confidential or proprietary nature or unless required by State law. T. Facilities maps. Upon request from the City to provide sufficient information for coordination of other construction, grantee shall provide the City with copies of its construction plans. If the construction plans do not conform with the City's guidelines for communications facility installations, or where the grantee's actual construction deviates materially from its submitted construction plans, as reasonably determined by the City, the grantee shall provide the City with additional maps, including "as built" maps, showing the location and design attributes of its telecommunications facilities within the public rights-of-way. The City may use or disclose such information only as allowed by law. U. Assignments or transfers of grant. Working control of a right-of-way license, master permit or lease may not, directly or indirectly, be transferred, assigned or disposed of by sale, lease, merger, consolidation or other act of the grantee, by operation of law or otherwise, without the prior written consent of the City, which consent shall not be unreasonably withheld or delayed except as provided by ordinance and then only on such reasonable conditions as may be prescribed therein. Page 50 1. The grantee and the proposed assignee or transferee of the grant or system shall provide and certify the following information to the City not less than 45 days prior to the proposed date of transfer: (a) Complete information on the nature, terms and condition of the proposed transfer or assignment. (b) All information required of a license, master permit or lease applicant pursuant to PAMC 11.14.100 with respect to the proposed transferee or assignee. (c) All deposits or charges and application fees required pursuant to this chapter. 2. Unless otherwise provided in a license, master permit or lease, the grantee shall reimburse the City for all direct and indirect costs and expenses reasonably incurred by the City in considering a request to transfer or assign a license, master permit or lease. No assignment or transfer shall be deemed approved until all such costs and expenses have been paid. 3. Any transfer or assignment of a license, master permit or lease without prior written approval of the City under this subsection or pursuant to a license, master permit or lease agreement shall be void and is cause for revocation of the grant. V. Transactions affecting control of grant. Any transactions, which singularly or collectively result in a change of working control of the grantee or the working control of a telecommunications system, shall be considered an assignment or transfer requiring City approval pursuant to PAMC 11.14.100. Transactions between affiliated entities are not exempt from City approval unless said affiliated entities are named in the initial application. A grantee shall within ten calendar days notify the City prior to any proposed change in, transfer of, or acquisition by any other party of control of a grantee's company. Every change, transfer, or acquisition of control of a grantee's company shall cause a review of the proposed transfer. In the event the City denies its consent and such change, transfer or acquisition of control has been effected, the City may cancel the license, master permit or lease. Approval shall not be required for mortgaging purposes or if said transfer is from a grantee to another person or entity controlling, controlled by, or under c ommon control with a grantee. W. Revocation or termination of grant. A license, master permit, or lease granted by the City to use or occupy rights-of-way or City property may be revoked for the following reasons: 1. Construction or operation in the rights-of-way or City property without a license, master permit, or lease grant of authorization. 2. Construction or operation at an unauthorized location. 3. Any interconnection with the telecommunications facilities of other telecommunications carriers, operators and providers that are not properly licensed or permitted by the City. 4. Unauthorized substantial transfer of control of grantee. 5. Unauthorized assignment of a license, franchise, master permit, or lease. 6. Unauthorized sale, assignment or transfer of a grantee's license, master permit, or lease, assets, or a substantial interest therein. 7. Misrepresentation by or on behalf of a grantee in any application or written or oral statement upon which the City relies in making the decision to grant, review or amend any license, master permit, or lease pursuant to this chapter. 8. Abandonment of telecommunications facilities in the rights-of-way or upon City property. 9. Failure to relocate or remove facilities as required in this chapter. 10. Failure to pay taxes, compensation, fees or costs when and as due the City. 11. Insolvency or bankruptcy of the grantee. Page 51 12. Violation of any material provision of this chapter. 13. Violation of the material terms of a license, master permit, or lease agreement. 14. Violation of any state or federal law relating to use of public rights -of-way by service providers. 15. Violation of any applicable state or federal safety laws and standards. 16. Violation of any applicable City ordinances, construction codes, regulations or standards. 17. Failure to cooperate with the City to ensure that facilities are installed, maintained, repaired and removed within the right-of-way in such a manner and at such points so as to not inconvenience the public use of the right-of-way or to adversely affect the public health, safety and welfare. 18. Failure to obtain a required use permit or right-of-way construction permit before constructing, installing, maintaining, repairing or removing identified facilities. X. Notice and duty to cure. In the event that the Director believes that grounds exist for revocation of a license, master permit or lease, he or she shall give the grantee written notice of the apparent violation or noncompliance, providing a short and concise statement of the nature and general facts of the violation or noncompliance, and providing the grantee a reasonable period of time not exceeding 30 days to furnish evidence: 1. That corrective action has been, or is being actively and expeditiously pursued, to remedy the violation or noncompliance. 2. That rebuts the alleged violation or noncompliance. 3. That it would be in the public interest to impose some penalty or sanction less than revocation. Y. Hearing. In the event that a grantee fails to provide evidence reasonably satisfactory to the Director as provided in PAMC 11.14.120.X., the Director shall refer the apparent violation or non-compliance to the Council for action to revoke in accordance with the provisions of PAMC 11.14.120.Z. The City shall provide the grantee with notice and a reasonable opportunity to be heard concerning the matter. Z. Standards for revocation or lesser sanctions. If the Council determines that a grantee willfully violated or failed to comply with any of the provisions of this chapter or a license, franchise or lease granted under this chapter, or through willful misconduct or gross negligence failed to heed or comply with any notice given the grantee by the City under the provisions of this chapter, then the grantee shall, at the election of the Council, forfeit all rights conferred hereunder and the license, master permit, or lease may be revoked or annulled by the Council. The Council may elect, in lieu of the above and without any prejudice to any of its other legal rights and remedies, to pursue other remedies, including obtaining an order from the superior court having jurisdiction compelling the grantee to comply with the provisions of this chapter and any license, master permit, or lease granted hereunder, and to recover damages and costs incurred by the City by reason of the grantee's failure to comply. The Council shall utilize the following factors in analyzing the nature, circumstances, extent and gravity of the violation and in making its determination: 1. Whether the misconduct was egregious. 2. Whether substantial harm resulted. 3. Whether the violation was intentional. 4. Whether there is a history of prior violations of the same or other requirements. 5. Whether there is a history of overall compliance. 6. Whether the violation was voluntarily disclosed, admitted or cured. AA. Incorporation by reference. The provisions of this chapter shall be incorporated by reference in any license, master permit or lease approved hereunder. The provisions of any proposal submitted and accepted by the City shall be incorporated by reference in the applicable license, master permit, or lease. In the event of any conflict between the proposal, this chapter, and the license, master permit, or lease, the license, master permit or lease shall be the prevailing document. Page 52 (Ord. 3083 § 1 (part), 6/29/2001) 11.14.130 - Compliance. A. Police power. In accepting any license, master permit or lease, the grantee acknowledges that its rights hereunder are subject to the legitimate rights of the police power of the City to adopt and enforce general ordinances necessary to protect the safety and welfare of the public, and the grantee agrees to comply with all applicable general laws enacted by the City pursuant to such power. B. City remedies. The City may seek legal or equitable relief to enjoin any acts or practices and abate any condition, which constitutes or will constitute a violation of the applicable provisions of this chapter. Violation of the terms of this chapter may also result in the revocation of any license, master permit or lease, approval, or other permit issued or granted hereunder. C. Other remedies. Nothing in this chapter shall be construed as limiting any judicial remedies that the City may have, at law or in equity, for enforcement of this chapter. D. No waiver. The failure of the City to enforce any provision of this chapter on any occasion shall not operate as a waiver or estoppel of this right to enforce any provision of this chapter on any other occasion, nor shall the failure to enforce any prior ordinance affecting telecommunications facilities or telecommunications system grantees act as a waiver or estoppel against application of this chapter or any other provision of applicable law. (Ord. 3083 § 1 (part), 6/29/2001) CHAPTER 11.16 - BUILDING NUMBERING 11.16.010 - Required. All houses and buildings fronting on any public street or avenue in the City shall be numbered in conformity with the provisions contained in this chapter. (Ord. 493 § 1, 4/29/1915) 11.16.020 - Distribution of odd and even numbers. Buildings on the east side of any street running north and south within the City shall be entitled to receive odd numbers, and buildings on the west side thereof, even numbers; and buildings on the north side of any street running east and west within the City shall be entitled to receive odd numbers, and buildings on the south side thereof, even numbers. (Ord. 493 § 2, 4/29/1915) 11.16.030 - Base lines—Streets running north and south. The initial point or base line for numbering buildings, fronting on streets running north and south shall be First Street, assumed as 100 and from such initial point of base line 100 constitutes the basis or representation number for each block fronting on such streets, to increase in the ratio of 100 for each successive block running south or north as the case may be. (Ord. 495 § 1, 4/29/1915) Page 53 11.16.040 - Base lines—Streets running east and west. The initial point or base line for numbering buildings fronting upon streets running east and west shall be Laurel Street assumed as 100 and from such initial point or base line east or west 100 constitutes the basis or representation number for each block fronting on such streets, to increase in the ratio of 100 for each successive block east or west, and it is further ordered, that for convenience in location or address, all streets or avenues running west from Laurel Street, and all streets running east from Laurel Street shall be known and designated as East . . . . . . or West . . . . . . Street, adding the prefix east or west to the same as the case may be, to such streets east or west from Laurel Street. (Ord. 493 § 4, 4/29/1915) 11.16.050 - Duties of City Engineer. It shall be the duty of the City Engineer to prepare and keep in his office plats of lots and blocks of the City, and to enter thereon in such manner as to enable all persons interested to readily ascertain the same, the house numbers of all buildings and building lots in accordance with the action of the City Council heretofore had or hereafter ordained, and to make additions thereto, from time to time as necessities of the case may require, and any person desiring to obtain the number or numbers for house numbering purposes shall be so informed by the City Engineer or his assistants, free of cost on proper application therefor. (Ord. 495 § 5, 4/29/1915) 11.16.060 - Whole and fractional numbers on doors and vacant lands. Each door on all streets shall be entitled to a number, and vacant land or lots between buildings fronting on such streets shall be entitled to two numbers for each lot and a fraction thereof shall be entitled to a fractional number between adjoining lots thereto. (Ord. 493 § 6, 4/29/1915) 11.16.070 - Enforcement authority. It shall be the duty of the Building Official or designee to notify the owner or owners of unnumbered houses of the requirements of this chapter that unless such proper number is placed thereon within 30 days thereafter on such house or houses, the Building Official shall cause a complaint to be made against such offending owner or owners and upon conviction thereof, be punished as provided in Section 1.24.010. (Ord. 3155 § 1, 1/30/2004; Ord. 493 § 7, 4/29/1915) 11.16.080 - Compliance required. No person shall display on any house or building fronting on any street or avenue in the City any numbering different from the numbering in this chapter. (Ord. 493 § 8, 4/29/1915) CHAPTER 11.18 - INTERFERENCE WITH PEDESTRIANS ON PUBLIC SIDEWALKS Page 54 11.18.010 - Purpose. The purpose of this chapter is to prohibit pedestrian interference on sidewalks in the City of Port Angeles. No person shall be cited under this section unless the person engages in conduct prohibited by this section after having been notified by a law enforcement officer that the conduct violates this section. (Ord. 3366 § 3, 6/26/2009; Ord. 3198, § 1 (part), 5/13/2005) 11.18.020 - Definitions. The following definitions apply in this section: A. "Aggressively beg" means to beg with the intent to intimidate another person into giving money or goods. B. "Intimidate" means to engage in conduct which would make a reasonable person fearful or feel compelled. C. "Beg" means on a public right-of-way or in a public place to ask by words, bodily gestures, signs, or other means, for money or goods as a charity, or in exchange for labor. D. "Obstruct pedestrian or vehicular traffic" means to walk, stand, sit, lie, or place an object in such a manner as to block passage by another person or a vehicle, or to require another person or a driver of a vehicle to take evasive action to avoid physical contact. E. "Obstruct a sidewalk" means to sit or lie down upon a public sidewalk, or upon a blanket, chair, stool, or any other object placed upon a public sidewalk. 1. Exceptions. The prohibition in subsection E. shall not apply to any person: a. Sitting or lying down on a public sidewalk due to a medical emergency; b. Who, as the result of a disability, utilizes a wheelchair, walker, or similar device to move about the public sidewalk; c. Operating or patronizing a commercial establishment conducted on the public sidewalk pursuant to a street use permit; or a person participating in or attending a parade, festival, performance, rally, demonstration, meeting, or similar event conducted on the public sidewalk pursuant to a street use or other applicable permit; d. Sitting on a chair or bench located on the public sidewalk which is supplied by a public agency or by the abutting private property owner; e. Sitting on a public sidewalk within a bus stop zone while waiting for public or private transportation. F. "Public place" means an area generally visible to public view and includes alleys, bridges, buildings, driveways, parking lots, parks, plazas, sidewalks and streets open to the general public, including those that serve food or drink or provide entertainment, and the doorways and entrances to buildings or dwellings and the grounds enclosing them. (Ord. 3366 § 3, 6/26/2009; Ord. 3198, § 1 (part), 5/13/2005) 11.18.030 - Violation. A person is guilty of pedestrian interference if, in a public place, he or she intentionally: A. Obstructs pedestrian or vehicular traffic; or Page 55 B. Aggressively begs; or C. Obstructs a sidewalk. (Ord. 3198, § 1 (part), 5/13/2005) 11.18.040 - Penalty. Violation of any portion of this chapter is a misdemeanor. (Ord. 3198, § 1 (part), 5/13/2005) 11.18.050 - Parental responsibility. It shall be unlawful for the parent or the guardian of any child under 16 years of age to authorize or knowingly permit any such child to violate any provision of this chapter. (Ord. 3198, § 1 (part), 5/13/2005) 11.18.060 - Severability. If any section, subsection, sentence, clause, phrase or word of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the validity or constitutionality of any other section, subsection, sentence, clause, phrase or word of this ordinance. (Ord. 3198, § 1 (part), 5/13/2005) 11.18.070 - Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of the scrivener's/clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. (Ord. 3198, § 1 (part), 5/13/2005) Page 1 Title 14 - BUILDINGS AND CONSTRUCTION CHAPTER 14.01 - CONSTRUCTION CODES 14.01.010 - Construction codes defined. Building construction within the City of Port Angeles shall be governed by the codes, laws, and ordinances, as adopted and amended in Title 14 PAMC, which shall be collectively known as the construction codes of the City of Port Angeles. (Ord. 3287 § 1, 7/13/2007; Ord. 3165 § 1, 7/30/2004; Ord. 2855 § 1, 1/27/1995; Ord. 2757 § 1, 4/11/1993, Ord. 2552 § 1, 10/25/1989) 14.01.020 - Purpose and policy. The construction codes of the City of Port Angeles are enacted as an exercise of the City's police power for the protection of the health, safety, and welfare of the general public. The provisions of said codes shall constitute minimum standards and are not intended, and should not be regarded as, instruction manuals for untrained persons. It is the policy of the City of Port Angeles that the regulation of construction within the City be administered and enforced as uniformly and as efficiently as the public interest, as well as the interests of property owners, contractors, developers, and the citizenry in general, will allow. (Ord. 2552 § 1, 10/25/1989) 14.01.030 - Copy of construction codes on file. One copy of each construction code of the City of Port Angeles shall be on file with the City Clerk and will be available for public review. (Ord. 2552 § 1, 10/25/1989.) 14.01.040 - Vested rights. Any work for which a permit application is submitted to the City pursuant to this Title will be reviewed in accordance with the laws and regulations which were in effect when the City received the application. (Ord. 2552 § 1, 10/25/1989) 14.01.050 - Construction near City utilities and easements. No new construction or remodeling of existing structures shall encroach upon or interfere with City utilities or easements, either above or below the ground, nor shall such construction violate applicable construction codes. Any cost incurred by the City in modifying or relocating utilities brought about by such construction, except for an increase in service, shall be payable to the City by the owner of the property on which such construction takes place. (Ord. 2552 § 1, 10/25/1989) Page 2 14.01.060 - Enforcement authority. The construction codes of the City of Port Angeles shall be administered and enforced by the City Manager and the City officials and employees appointed and designed by him pursuant to Title 35A RCW, including but not limited to all commissioned Police Officers of the Port Angeles Police Department, and by those City officials and employees as are specifically designated in said construction codes. All such offic ials and employees shall be known as "enforcement officers" and shall have the authority to issue citations and perform all other necessary administration and enforcement actions as provided in said construction codes and in Title 14 PAMC. (Ord. 2552 § 1, 10/25/1989) 14.01.070 - Right of entry. The right of enforcement officers to enter any premises shall be governed by Chapter 1.20 PAMC and by State and Federal law. (Ord. 2552 § 1, 10/25/1989) 14.01.080 - Inspection of concealed work. In the event that any work is covered or concealed before being inspected as required by the construction codes of the City of Port Angeles, an enforcement officer may order the removal of that portion of the building as is necessary to permit inspection of the work, and neither the City nor the enforcement officer shall in any way be held liable for the removal or replacement of such portion of the building. (Ord. 2552 § 1, 10/25/1989) 14.01.090 - Appeals. A. Appealable 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 PAMC 14.01.060, regarding the suitability of alternative materials and methods of construction and the application and interpretation of the construction codes of the City of Port Angeles and any other building regulations or codes as may be designated by ordinance. B. Construction Code Board of Appeals. Appeals of issues set forth in PAMC 14.01.090 shall be heard by the Construction Code Board of Appeals (Board). The Board shall consist of five members appointed by the City Council, all of whom shall serve without compensation, and who shall be qualified by experience and training to pass upon the matters set forth in PAMC 14.01.090. All present members of the Building Code Board of Appeals are hereby confirmed as members of the Construction Code Board of Appeals and shall remain on the Board for the period of their present appointments. Thereafter, all appointments shall be for four-year terms, provided that any vacancy shall be filled for the period of the unexpired term. None of the five appointed members shall serve more than two consecutive four-year terms. The Fire Chief, the Building Official, and the Electrical Inspector shall each act as an ex-officio member of the Board for matters governed by the construction code that is his or her primary responsibility to administer and enforce and shall either act as secretary to the Board or designate another City staff member to act in such capacity. C. Limitations of authority. The Board shall have no authority relative to interpretation of the administrative provisions of the construction codes nor shall the Board or any other person or enforcement officer be empowered to waive any requirements of said codes. Page 3 D. Filing of appeals. An appeal may be filed with the Board by any person having legal standing or a legal interest in the building or land involved in the appealable issue. Such appeal shall be filed in writing with the City Clerk within 30 days from the date that notice of any appealable action is served by either personal delivery or by deposit in the United States Mail, except where other service is specifically provided in the construction codes. The filing fee shall be $75.00. The filed appeal shall contain: 1. A heading in the words: "Before the Construction Code Board of Appeals of the City of Port Angeles"; 2. A caption reading: "Appeal of ____________," giving the names of all appellants participating in the appeal; 3. A brief statement setting forth the legal standing, or legal interest in the building or the land involved in the notice and order of each of the appellants; 4. A brief statement in ordinary and concise language of the specific order, decision, or determination appealed, together with any material facts claimed to support the contentions of the appellant; 5. A brief statement in ordinary and concise language of the relief sought and the reasons why it is claimed that the appealed order, decision, or determination should be reversed, modified, or otherwise set aside; 6. The signatures of all parties named as appellants and their official mailing addresses; 7. The verification, by declaration under penalty of perjury, by at least one appellant as to the truth of the matters stated in the appeal. E. Procedures of the Board. The Construction Code Board of Appeals shall follow the procedures set forth in this section and in any other reasonable rules and regulations that the Board may see fit to adopt, subject to the approval of the City Council. F. Scheduling and noticing appeal for hearing. As soon as practicable after receiving a written appeal, the Secretary shall fix a date, time, and place for the hearing of the appeal by the Board. Such date shall be not less than ten days nor more than 60 days from the date that the appeal was filed with the City Clerk. Written notice of the time and place of the hearing shall be given at least ten days prior to the date of the hearing to each appellant by the secretary of the Board either by personal delivery or by deposit in the United States Mail. G. Record and findings on appeal. All hearings and appeals before the Board shall be recorded and every decision of the Board shall be in writing and shall include findings of fact and conclusions representing the official determination of the Board and specifying the basis for the decision. All parties to the appeal shall be notified of the Board's decision either by personal delivery or by mail. A copy of the record or any part thereof shall be transcribed and furnished to any person upon request therefor and payment of the reasonable costs thereof. H. Scope of Board's review. In rendering its decision, the Board may, in conformity with the applicable construction code, reverse or affirm, wholly or in part, or may modify, the order, decisi on, or determination appealed from, and may make such other order, decision, or determination as the Board deems necessary and proper. I. Judicial review. The decision of the Board shall be final and conclusive unless within 21 days from the date of service by either personal delivery or deposit in the United States Mail the appellant files a petition to the Superior Court of the State of Washington for Clallam County. The proper and timely filing of such petition shall stay the enforcement of the decision of the Board during the pendency of the Superior Court litigation, except when a stay of the decision presents an exigent danger to the health and safety of persons or property. (Ord. 2990 § 1, 5/15/1998; Ord. 2552 § 1, 10/25/1989) Page 4 14.01.100 - Violations and penalties. Any person, firm, or corporation, violating any of the provisions of any of the construction codes of the City of Port Angeles shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of any of the construction codes of the City of Port Angeles is committed, continued, or permitted. Each such offense shall be punishable by a maximum civil fine of $500.00. (Ord. 2552 § 1, 10/25/1989) 14.01.110 - Liability for injury or damage. The construction codes of the City of Port Angeles shall not be construed to relieve from or lessen the responsibility of any person for injury or damage to person or property caused by or resulting from any defect of any nature, nor shall the City or its enforcement officers be deemed to have assumed any such liability by reason of the inspections or other actions authorized by the construction codes or any permits or certificates issued thereunder, provided that in rendering approvals based on such inspections the City's enforcement officers shall not knowingly approve any work that such enforcement officers know to be hazardous and shall not knowingly make inaccurate express assurances regarding work regulated by the construction codes to any person, which assurances cause damage or injury to such person. (Ord. 2552 § 1, 10/25/1989) 14.01.115 - Street Standards for lots without City street access. Prior to issuance of certificates of occupancy or final inspection approval for building permits for lots or parcels without established City street access, street access improvements shall be accomplished in accordance with this section. A. NO CURRENT ACCESS TO LOTS (five or more dwelling units per block). Where there is no current street access, the street that will provide access to, and front, the lots or parcels being developed shall be improved to the minimum City street improvement standards, as set forth in Chapter 16.08 PAMC,. Preferred access improvements shall be permeable pavement road and sidewalk to City Standards, if feasible. These requirements apply in the following circumstances: 1. The development consists of five dwelling units or more within an area fronting on City street right-of-way 500 feet in length or less; 2. The lots or parcels being developed are under common ownership or are part of the same development scheme as determined by the City Planning Director and are being developed within a period of 24 months or less. B. NO CURRENT ACCESS TO LOTS (less than five dwelling units per block). Where there is no current street access, the street that will provide access to, and front, the lots or parcels being developed shall be improved as permeable pavement road and sidewalk to City Standards, if feasible. Otherwise, access improvements shall be a gravel access road to the standard approved by the City Engineer,. These requirements apply in the following circumstances: 1. The development consists of four dwelling units or less; 2. A consent and non-protest LID Local Improvement District agreement is entered into to provide full street improvements, as set forth in 16.08 PAMC, for the block within which the development occurs. C. CURRENT GRAVEL ACCESS. Where there is currently City maintained gravel or bituminous surfacing access as of the effective date of this ordinance as shown on Exhibit A, a consent and non-protest LID Local Improvement District agreement shall be entered into to provide full street Page 5 improvements, as set forth in Chapter 16.08 PAMC, for the block within which the development occurs. D. NO CURRENT GRAVEL ACCESS FOR SINGLE FAMILY RESIDENCES. Where there is no current gravel access for a single lot being developed for a single family residence independent of any other development, a consent and non-protest LID agreement shall be entered into to provide an gravel access road to the standard approved by the City Engineer for the block within which the development occurs. Preferred access improvements shall be permeable pavement road and sidewalk to City Standards, if feasible. Otherwise, provide gravel access per City Standards. (Ord. 2768, 7/30/1993) CHAPTER 14.03 - BUILDING CODE 14.03.010 - Construction codes adopted. Pursuant to Chapters 19.27 RCW and 19.27A RCW and Title 51 WAC, the following Codes are adopted: A. The 2012 International Building Code, published by the International Code Council, including ICC A117.1 amendments and amendments to IEBC as Appendix M, as amended by the Washington State Building Code Council and published as Chapter 51-50 WAC, except as amended in Chapter 14.03 PAMC. B. The 2012 International Mechanical Code, published by the International Code Council, including 2012 IFGC, 2006 NFPA 54 and 2004 NFPA 58, as amended by the Washington State Building Code Council and filed as Chapter 51-52 WAC. C. The 2012 International Fire Code, published by the International Code Council, as amended by the Washington State Building Code Council and filed as Chapter 51-54A WAC, except as amended in Chapter 14.21 PAMC. D. The 2012 International Residential Code, published by the International Code Council, including Appendix F and new Emergency Rule affecting 2006 IRC, Section R302, as amended by the Washington State Building Code Council and filed as Chapter 51-51 WAC. E. The 2012 Uniform Plumbing Code, and 2012 Uniform Plumbing Code Standards, published by the International Association of Plumbing and Mechanical Officials, as amended by the Washington State Building Code Council and filed as Chapter 51-56 WAC. F. The 2012 International Energy Conservation Code, Commercial, Chapter 51-11C WAC and the 2012 International Energy Conservation Code, Residential, Chapter 51-11R WAC. G. The Uniform Sign Code, 1997 Edition, published by the International Conference of Building Officials. H. The Uniform Code for Building Conservation, 1997 Edition, published by the International Conference of Building Officials. (Ord. 3482, § 1, 7/16/2013; Ord. 3404 § 1, 7/16/2010; Ord. 3287 § 2, 7/13/2007; Ord. 3165 § 2 (part), 7/30/2004; Ord. 3130 § 1 (part), 12/13/2002; Ord. 2995 § 1 (part), 10/16/1998, Ord. 2910 § 1 (part); 3/15/1996; Ord. 2757 § 2, 4/11/1993, Ord. 2561 § 1, 5/1/1990; Ord. 2552 § 2, 10/25/1989) 14.03.020 - Amendments to International Codes. Page 6 Pursuant to RCW 19.27.040, RCW 19.27.060(3) and (4), and PAMC 14.04.020, the following amendments to the International Building Code, International Residential Code, International Fire Code, and Uniform Sign Code are adopted: A. International Building Codes, Chapter 5, Table 503 is amended by adding the following footnote: (e) Type V-B construction prohibited in CBD - Central Business District. B. International Building Code, Section 903.2.10 is amended by adding the following: 903.2.13 Automatic Sprinklers shall be provided: (a) In all buildings where the floor area exceeds 6,250 square feet on all floors; (b) In any adult family home, boarding home, or group care facility that is licensed by the Washington State Department of Social and Health Services for more than five persons; However, the height and area increases specified in Section 504 and 506 (for sprinklers) shall be permitted. For the purpose of the subsection, portions of buildings separated from the rest of the building in accordance with the International Building Code may be considered as separate buildings. C. A building permit under the International Building Code is not required for roads, bridges, sidewalks, drainage structures, retaining walls and similar structures, and electrical transmission towers and telephone poles (not including cell towers) regulated, approved, and inspected by the City's Public Works and Utilities Departments. These facilities may be subject to other codes or standards, and this paragraph is not intended to exempt such structures from other codes or standards to the extent they are applicable. D. International Residential Code, Section R 105.2.1, is amended by restricting work exempt from a permit to one story detached accessory structures provided that the floor area does not exceed 120 square feet. E. International Residential Code is amended to provide as follows: No building permit is required for construction of decks less than 30 inches from finished grade, unless such deck is part of a larger construction project for which a building permit is required, but this provision does not exempt deck construction from the minimum performance standards and objectives contained in the state building code. F. International Residential Code is amended to exempt the replacement of non structural siding that does not result in construction less than the minimum performance standards and objectives contained in the state building code. G. Uniform Sign Code, Chapter 3, Section 301, is amended by adding the following: Provided that presently existing signs not in conformity with this code, as amended, may be maintained in their present condition unless hazardous, but may not be altered or reconstructed unless in conformity with this code. H. Uniform Sign Code, Chapter 3, Section 303: Delete #3, signs less than six feet above grade. I. Uniform Sign Code, Chapter 4, delete Table 4-B. In lieu thereof, Chapter 32, Section 3205.1 of the Uniform Building Code, 1997 Edition, shall apply to projection of signs. (Ord. No. 3459, § 1, 9-4-2012; Ord. No. 3450, § 3, 4-3-2012; Ord. 3408, 8/27/2010; Ord. 3389 § 1, 1/30/2010; Ord. 3165, § 2 (part), 7/30/2004; Ord. 2995 § 1 (part), 10/16/1998; Ord. 2910 § 1 (part), 3/15/1996; Ord. 2565 § 1, 2/14/1990; Ord. 2552 § 2, 10/25/1989) 14.03.030 - Factory-built housing and factory-built commercial structures. Page 7 No installation permit shall be issued for factory-built housing and factory-built commercial structures until the Light Department reviews and approves electrical metering equipment, electrical service equipment, and short circuit fault duty of the electrical equipment in order to ensure that such equipment is safe and compatible with Light Department electrical meters and wiring standards. (Ord. 2552 § 2, 10/25/1989) 14.03.040 - Fees. A. The fees set forth in Chapter 3.70 PAMC shall apply in all instances except as set forth in subsection B. of this section. B. If the work authorized under a sign permit has not been completed within 180 calendar days after the date of issuance of the permit, the permit shall expire and any subsequent work shall require a renewal of the permit and payment of renewal fees, at one-half the original fee. All fees are nonrefundable. Any person, firm, or corporation who shall erect, re-erect, construct, alter, or maintain a sign without a permit first having been obtained, except as provided by the Port Angeles Municipal Code, shall as a penalty pay double the amount required by the sign permit fee schedule. (Ord. 3130 § 1 (part), 12/13/2002; Ord. 2932 § 32, 10/11/1996; Ord. 2910 § 1(part), 3/15/1996; Ord. 2757 § 2, 4/11/1993, Ord. 2552 § 2, 10/25/1989) CHAPTER 14.05 - ELECTRICAL CODE[1] Footnotes: --- (1) --- Editor's note—Section numbering revised/corrected to reflect changes made in Ordinance No. 2966 not previously incorporated. 14.05.010 - Purpose and scope. This chapter is intended to regulate the installation, alteration, extension, and repair of electrical wiring, materials, appliances, apparatus, devices, and equipment in the City of Port Angeles. This chapter shall apply to all electrical conductors and equipment installed, used, rented, offered for sale or distributed for use in the City. (Ord. 2757 § 3, 4/11/1993, Ord. 2552 § 3, 10/25/1989) 14.05.020 - Adoption of Electrical Code. The National Electrical Code and the State of Washington Electrical Laws as set forth in Chapter 19.28 RCW and Chapters 296-46 and 296-401 WAC, as adopted by the Washington State Department of Labor and Industries, are hereby adopted by reference subject to the amendments set forth herein and subject to the City of Port Angeles utility customer service policies, provided that if any specific requirement contained in said amendments or customer service policies is less restrictive than the specific requirement contained Page 8 in the State of Washington Electrical Laws, such specific requirement of the State of Washington Electrical Laws shall govern. (Ord. 2757 § 3, 4/11/1993, Ord. 2552 § 3, 10/25/1989) 14.05.030 - Office of the Electrical Inspector. There is hereby created the Office of the Electrical Inspector. A. The Electrical Inspector, hereinafter called the Inspector, shall function under the authority and at the direction of the Director of Public Works and Utilities, or his designee. B. It shall be the duty of the Inspector to see that the provisions of this chapter are enforced. He shall, upon application, grant permits for the installation or alteration of electric wiring, devices, appliances, and equipment, and shall make inspections of all new electrical installations, as provided in this chapter. He shall keep complete records of all permits issued, inspections and reinspections made, and other official work performed in accordance with the provisions of this chapter. The Inspector may delegate inspection and enforcement duties prescribed by this chapter to other qualified persons. C. Inspectors may answer any relevant question concerning the meaning, intent, or application of this chapter; however, they shall not lay out work or act as a consultant to contractors, electricians, or owners. (Ord. 3154 § 1 (part), 1/30/2004; Ord. 2966, 8/29/1997; Ord. 2552 § 3, 10/25/1989) 14.05.040 - Electrical permit required. Before any electrical work covered by this chapter may be installed, altered, or repaired, an electrical permit shall be secured from the Office of the Electrical Inspector. Electrical permits will not be required for minor repair work such as repairing flush and snap switches, replacing fuses, changing lamp sockets and receptacles, taping bare joints, and repairing drop cords. (Ord. 2966, 8/29/1997; Ord. 2757 § 3, 4/11/1993, Ord. 2552 § 3, 10/25/1989) 14.05.050 - Electrical permit applications. A. Applications for electrical permit shall be filled out completely and delivered to the Office of the Electrical Inspector before a permit will be issued. B. For industrial, commercial, and residential projects larger than a duplex, a one-line drawing of the electrical service and feeders, building size (square feet), load calculations, and the type and size of conductors and/or raceway is required and shall accompany the electrical permit application. C. Every electrical permit issued by the Inspector under the provisions of this chapter shall expire by limitation and become null and void if the work authorized by such permit is not commenced within 60 days from the date of issuance of the permit, or if the work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of six months. In such circumstances another permit is required before work may (re)commence. D. An address shall be provided for the location of the electrical work. (street intersections are not acceptable.) Page 9 E. WAC 296-46B-900 requires electrical plan review for certain specified facilities. When electric plan review is required by WAC 296-46B-900 or other authority, full engineering drawings and reports in both hard copy and electronic (pdf) version shall accompany the electrical permit application. (Ord. 3499, § 2, 3/18/2014; Ord. 3154 § 1 (part), 1/30/2004; Ord. 2966 § 1 (part) 8/29/1997; Ord. 2552 § 3, 10/25/1989) 14.05.070 - Inspection of new electrical work. A. Electrical wiring shall not be inspected until the structural framework has been enclosed from exposure to the weather, and metallic piping, ducts, plumbing, etc., which are liable to interfere with or be run in close proximity to the electrical installation, are permanently in place and have been approved by the legally designated authorities. B. The Inspector shall be notified when roughing-in work is completed and again when the building is completed. If said work conforms in all respects with the provisions of this chapter, the Inspector shall attach a notice of approval for the rough-in installation. C. No electrical wiring shall be covered or concealed until the Inspector has approved the installation and the Building Official has given permission to cover or conceal the same. Should the Inspector indicate that any of said work or equipment is not in accordance with the provisions of this chapter, notice in writing to that effect shall be placed upon the premises or given to the contractor or to the party or parties having the electrical work done. Within 15 days after notification thereof, or within such reasonable time as may, upon request, be allowed by the Inspector, such electrical work or equipment shall be altered or removed, as the case may require, and necessary changes shall be made so that all such electrical work and equipment shall fully comply with the provisions of this chapter before any further electrical work in connection with such disapproved work or equipment is done on the building. When in default, said contractor or party or parties shall be subject to the penalties of PAMC 14.01.080 and any and every owner, contractor or other person engaged in covering or allowing to be covered such portions of work or equipment, or removing any seal or notice not to cover same placed thereon by the Inspector, shall likewise be subject to such penalties. D. The work shall be completed before the Inspector is notified to inspect such work. This shall include the protection of all wires and equipment. (Ord. 2966, 8/29/1997; Ord. 2552 § 3, 10/25/1989) 14.05.080 - Inspection of existing electrical work. A. The Inspector is hereby empowered to inspect all existing wiring, appliances, devices, and equipment coming within the scope of this chapter. When the installation of any such wiring, appliance, device, or equipment is determined by the Inspector to be in violation of this chapter, the person, firm, or corporation owning, using, or operating the same, shall be notified and shall make the necessary repairs or changes required within 15 days after notification thereof, or within such further reasonable time as may, upon request, be allowed by the Inspector. B. The Inspector is hereby empowered to disconnect or order the discontinuance of electrical service to such conductors or apparatus found to be in a dangerous or unsafe condition, or to have been installed without a permit. He shall thereupon attach a notice which states that such conductors or apparatus have been disconnected because of their having been found in violation of the provisions of this chapter and it shall be unlawful for any person to remove said notice of disconnection or to reconnect such defective conductors or apparatus until same has been placed in a safe and secure condition and has been approved by the Inspector. (Ord. 2966, 8/29/1997; Ord. 2552 § 3, 10/25/1989) Page 10 14.05.090 - Certificate of final inspection. A. The Inspector shall, upon request, issue a certificate of final inspection when the electrical installation is completed and found to comply with this chapter. B. It shall be unlawful for any person to make any electrical connection to any electrical equipment until approval for service to such equipment or wire has been given by the Inspector. The Inspector is hereby authorized to disconnect any electrical installation or equipment which has been connected before the approval has been given. He shall thereupon attach a notice which shall state that the wiring or apparatus has been disconnected because of their having been found in violation of the provisions of this chapter and any person removing said notice, or reconnecting said wiring or apparatus before the same has been approved by the Inspector, shall be subject to the penalties of PAMC 14.01.080. To avoid delay in service connections or any interruption of service in the case of a cut -over to new service equipment, the holder of the electrical permit shall apply to the Inspector for permission to make the cut-over. C. All fuses, circuit breakers, switches, receptacles, and other materials and devices shall be installed and all outlets properly connected before any certificate of final inspection will be issued. (Ord. 2966 § 1 (part) 8/29/1997; Ord. 2552 § 3, 10/25/1989) 14.05.100 - Temporary service. Application for a temporary electrical permit must be obtained from the Inspector for the temporary us e of electric current during the construction or alteration of any building. Such temporary service may be allowed for up to 180 days. No person shall connect his service with that of any other person, or in any way supply any other person, premises, property, or service with electricity through his service, except as approved by the Inspector. (Ord. 2966 § 1 (part) 8/29/1997; Ord. 2757, § 3, 4/11/1993, Ord. 2552 § 3, 10/25/1989) 14.05.105 - Master metering. Master metering of multiple units is prohibited. Submetering of buildings, existing master metered facilities, or multiple units is prohibited for the resale of electricity, or for the apportioning of costs between separate units, tenants, or owners. (Ord. 2966 § 1 (part) 8/29/1997; Ord. 2757 § 3, 4/11/1993, Ord. 2552 § 3, 10/25/1989) 14.05.110 - Electrical installations. A. All new electrical installations shall conform to the requirements of this chapter. When an installation or any part of such installation is considered, upon inspection, to be haz ardous, the Inspector may require that such portion of the installation as is considered to be hazardous shall be corrected to conform to any or all of the requirements of this chapter. B. When any additions, alterations, or repairs of existing installations are made, that portion of the installation which is added, altered, or repaired shall conform to the applicable requirements contained herein. Wiring methods must meet or exceed the pre-existing wiring method. C. When 65 percent of the existing electrical facilities have been or are expected to be modified, as determined by square footage or by the Inspector, the entire electrical wiring facilities shall meet the requirements of this chapter. A service change will be considered as a minimum of 33.3 percent alterations to the electrical system. Page 11 D. On rewires, additions, or conversions of occupancies from dwellings to commercial use, the same criteria will apply as if the facility was originally for commercial use. In occupancy changes, the service must pass inspection and the wiring must meet current code requirements for the new occupancy. E. An exception to this section may be granted by the Inspector, but not to the National Electrical Code or the State of Washington Electrical Code, in the event that the facility is determined to be an historic site or qualified for historic preservation, as determined by the State Historical Preservation Officer. (Ord. 2966, 8/29/1997; Ord. 2552 § 3, 10/25/1989) 14.05.120 - Wiring methods. A. All buildings in the Downtown, Fire Zone 1 as defined in Chapter 14.24 PAMC, and any open space mall-type structures without fire wall separation, industrial zoned property, piers, docks, wharfs, structures over water, and permanent structures at the Clallam County fairgrounds, shall be wired in an approved raceway, or with MC cable (one-hour minimum fire wall rating.) B. The fault duty rating of all service equipment shall exceed the available fault current. The minimum fault duty rating required on service equipment for non-dwelling installations shall be at least 20,000 AIC. C. Wood used for support or other purposes in electrical installations, in contact with the earth or subject to moisture, shall be commercially pressure treated and labeled for earth contact. D. Electric meters shall not be permitted inside buildings or within carports or porches without written approval of the Inspector. If an electric meter is made inaccessible, such as by the installation of a fence (with a locked gate or no gate) or other enclosure, the owner shall relocate the meter to an accessible location, as determined by the Inspector. E. Where more than one electric meter is used, a permanent label shall be attached on each meter base showing the apartment or unit number. F. In residential occupancies, 20 amp branch circuits will be limited to 20 outlets and/or lighting devices and 15 amp circuits will be limited to 15 devices. (Ord. 3154 § 1 (part), 1/30/2004; Ord. 3016, 4/16/1999; Ord. 2966 § 1 (part), 8/29/1997; Ord. 2855, § 3, 1/27/1995; Ord. 2757 § 3, 4/11/1993, Ord. 2552 § 3, 10/25/1989) 14.05.130 - Wiring specifications. A. In single family units, 1,000 square feet gross floor area or more, a 200 amp service shall be installed. B. All single electric meters shall be between four and one-half feet and six feet from finished grade to the center of the meter glass. C. Insulation in attics or crawl spaces shall not conceal junction, pull, or outlet boxes. D. Removal of panels, pipe, and unused wire and electrical equipment that has been abandoned is required to complete an electrical installation. E. All underground electrical service wires shall be installed within an approved raceway and shall maintain a minimum horizontal separation of one foot from water and sewer lines. Where sewer or water pipes cross electrical service wires, a minimum vertical separation of one foot shall be maintained. F. The panel ampacity in multi-family dwellings shall have a minimum rating of 100 amps. G. The service equipment grounding electrode conductor and bond conductor shall be copper only. Aluminum shall be prohibited. Page 12 H. Service equipment located outdoors and within 300 feet of saltwater shall be corrosion resistant; unless written approval is obtained from the Inspector. (Ord. 2966 § 1 (part), 8/29/1997; Ord. 2855 § 4, 1/27/1995; Ord. 2757 § 3, 4/11/1993, Ord. 2552 § 3, 10/25/1989) 14.05.140 - Inspection and permit fees. A. The fees for electrical work permits shall be as set forth in Chapter 3.70 PAMC. B. Block permit. A firm, corporation, or other entity that has a regularly employed electrical maintenance staff, which is exempted from the requirement to have an electrician certificate of competency by RCW 19.28.610, may choose to purchase an electrical work permit for work done by in-house electrical personnel rather than a work permit for each installation or alteration in acc ordance with this section. Work done by contractors shall not be included in this block permit. The Inspector will track work requested under the block permit until an equivalent worth of work is reached, after which additional fees will be charged. C. A fee of two times the regular permit fee shall be charged for work that was started without a permit. This provision shall not apply to emergency work, when at the satisfaction of the Inspector such work was urgently necessary, making it impractical to obtain a permit prior to commencing the work. A permit must be obtained within 48 hours after the start of such work. (Ord. 3348 § 2, 1/1/2009; Ord. 3154 § 1 (part), 1/30/2004); Ord. 2966, 8/29/1997; Ord. 2932 § 33, 10/11/1996; Ord. 2757 § 3, 4/11/1993, Ord. 2552 § 3, 10/25/1989) 14.05.150 - Electric signs. Electric signs shall be UL listed and include awning signs, channel letter signs, directional signs, ordinary box signs, recessed signs and trailer mounted signs. A. UL listed electric signs may be repainted or refaced without being reinspected by UL. B. Any electric signs that is altered electrically or mechanically shall be relisted by UL as a "rebuilt electric sign." C. Electric signs that have been disconnected for more than one year shall be relisted by UL. This does not apply to cord connected signs. (Ord. 2966, 8/29/1997; Ord. 2757 § 3, 4/16/1993) 14.05.160 - Clearance. The minimum clearance from any structure or other improvements (parking lot lighting, signs, flag poles, etc.) to an overhead high voltage (primary) power line shall be 12.5 feet. (Ord. 2966, 8/29/1997; Ord. 2855 § 5, 1/27/1995) CHAPTER 14.09 - PROPERTY MAINTENANCE CODES 14.09.010 - Property Maintenance Codes adopted. Page 13 The International Property Maintenance Code, 2012 Edition, as published by the International Code Council, is hereby adopted and made a part hereof, as if fully set out in this ordinance. Property maintenance within the City of Port Angeles shall be governed by said International Property Maintenance Code, 2012 Edition. (Ord. 3482, § 2, 7/16/2013; Ord. 3404 § 2, 7/16/2010; Ord. 3288, 7/13/2007) 14.09.020 - Purpose and policy. The Property Maintenance Codes of the City of Port Angeles are enacted as an exercise of the City's police power for the protection of the health, safety, and welfare of the general public, for regulating and governing the conditions and maintenance of all property, buildings and structures; by providing the standards for supplied utilities and facilities and other physical things and conditions essential to ensure the structures are safe, sanitary and fit for occupation and use; and the condemnation of buildings and structures unfit for human occupancy and use, and the demolition of such existing structures as herein provided; providing for the issuance of permits and collection of fees therefor; and each and all of the regulations, provisions, penalties, conditions and terms of said Property Maintenance Code. (Ord. 3288, 7/13/2007) 14.09.030 - Copy of property maintenance codes on file. One copy of the Property Maintenance Codes of the City of Port Angeles shall be on file with the City Clerk and will be available for public review. (Ord. 3288, 7/13/2007; Ord. 3404 § 2, 7/16/2010) CHAPTER 14.21 - FIRE CODE 14.21.010 - Adoption of International Fire Code, appendices. There is adopted by the City Council for the purpose of prescribing regulations governing conditions hazardous to life and property from fire or explosion, that certain Code known as the International Fire Code, including Appendices published by the International Code Conference as amended by the Washington State Building Code Council. In the case of any conflict between the appendices adopted by this section and any other ordinance that addresses a specific requirement covered by the appendices, the other specific ordinance shall control. (Ord. No. 3450, § 4, 4-3-2012; Ord. 3165, § 3, 7/30/2004; Ord. 2995 § 2, 10/16/1998; Ord. 2910 § 2 (part), 3/15/96; Ord. 2757 § 4, 4/11/1993, Ord. 2552 § 4, 10/25/1989) 14.21.020 - Bureau of Fire Prevention. A. The International Fire Code shall be enforced by the Bureau of Fire Prevention in the Fire Department of the City which is established and shall be operated under the supervision of the Chief of the Fire Department. B. The Chief, with the approval of the City Manager, is authorized to make and enforce such rules and regulations for the prevention and control of fires and fire hazards as may be necessary from time to time to carry out the intent of this Code. A minimum of one certified copy of the number required by Page 14 governing law of such rules and regulations shall be filed with the City Clerk and shall be in effect immediately thereafter. An additional copy shall be kept in the office of the Fire Department for distribution to the public. C. The Fire Prevention Bureau is established within the Fire Department under the direction of the Fire Chief, which shall consist of such Fire Department personnel as may be assigned thereto by the Fire Chief. The function of this Bureau shall be to assist the Fire Chief in the administration and enforcement of fire prevention provisions of this Code. The Chief has designated the position of Fire Marshal to exercise the powers and perform the duties of Fire Prevention Engineer as set forth in this Code. (Ord. 2552 § 4, 10/25/1989) 14.21.025 - Inspection fees. Inspection fees shall be as provided in the International Fire Code unless otherwise provided in the Port Angeles Municipal Code. (Ord. 2932 § 36 (part), 10/11/1996; Ord. 2910 § 2 (part), 3/15/1996; Ord. 2838 § 1, 9/30/1994) 14.21.030 - Aboveground storage of flammable liquids. A. The limits referred to in Chapter 34 of the International Fire Code, in which storage of flammable or combustible liquids in outside aboveground tanks is prohibited are established in all residential zones, and in all other zones when the total capacity exceeds 24,000 gallons, but not in the IH zone where there is no limitation. B. New bulk plants as described in International Fire Code Section 3406.4 are prohibited in all zone classifications except that part of the IH zone which lies west of Cedar Street as prescribed in Ordinance 1709 and subsequent ordinances amending the same. (Ord. No. 3450, § 4, 4-3-2012; Ord. 2999 § 1 (part), 9/11/1998; Ord. 2910 § 2 (part), 3/15/1996; Ord. 2757 § 4, 4/11/1993, Ord. 2552 § 4, 10/25/1989) 14.21.035 - Hazardous materials. In determining the amount of costs associated with the cleanup of an unauthorized discharge, which costs are to be born by the owner, operator or other person responsible for the unauthorized discharge, the fire department shall charge fees for the cost of equipment and manpower utilizing the Washington State Association of Fire Chief's recommended rate schedule. (Ord. 2910 § 2 (part), 3/15/1996) 14.21.040 - Bulk storage of liquefied petroleum. A. The limits referred to in Section 3804 of the International Fire Code, in which bulk storage of liquefied petroleum gas is restricted, are established as follows: In all zone classifications except that part of the IH zone which lies west of Cedar Street as prescribed in Ordinance 1709 and subsequent ordinances amending the same. B. The liquefied petroleum gas container requirements referred to in Chapter 38 of the International Fire Code shall include the requirement that containers be protected from damage that might result from earthquakes, the manner and extent of which protection shall be in accordance with the determination of the Fire Chief. Page 15 (Ord. No. 3450, § 4, 4-3-2012; Ord. 2999 § 1 (part), 9/11/1998; Ord. 2910 § 2 (part), 3/15/1996; Ord. 2552 § 3, 10/25/1989) 14.21.050 - Storage of explosives. The limits referred to in Chapter 33 of the International Fire Code, in which storage of explosives and blasting agents is prohibited, are established as follows: In all zone classifications except that part of the IH zone which lies west of Cedar Street as prescribed in Ordinance 1709 and subsequent ordinances amending the same. (Ord. No. 3450, § 4, 4-3-2012; Ord. 2999 § 1 (part), 9/11/1998; Ord. 2910 § 2 (part), 3/15/1996; Ord. 2757 § 4, 4/11/1993, Ord. 2552 § 4, 10/25/1989) 14.21.061 - Outdoor burning regulations. A. Recreational fires and other outdoor burning, as defined in this section, are allowed. 1. "Recreational fires" means cooking fires, campfires, and bonfires, using charcoal or firewood that occur in designated areas or on private property, for cooking, pleasure, or ceremonial purposes. Fires used for debris disposal purposes are not considered recreational fires. Recreational fires shall comply with the following: a. The pile size of a recreational fire shall not exceed three feet in diameter and two feet in height and shall not be located within 25 feet of a structure or combustible materials unless contained in a barbeque pit. b. Recreational fires shall be constantly attended by a person who has approved fire- extinguishing equipment readily available. Approved fire extinguishing equipment includes buckets, shovels, garden hoses, or a fire extinguisher with a minimum 4A rating. 2. "Other outdoor burning" means any type of outdoor fire that is not prohibited in this Section and that is allowed in Chapter 173-425 WAC. Other outdoor burning includes, but is not limited to, any outdoor burning necessary to protect public health and safety. B. Residential burning, land clearing burning, and burning banned materials, as defined in this section, are prohibited. 1. "Residential burning" means the outdoor burning of leaves, clippings, pruning and other yard and gardening refuse originating on lands immediately adjacent and in close proximity to a human dwelling and burned on such lands by the property owner or his or her designee. 2. "Land clearing burning" means outdoor burning of trees, stumps, shrubbery, or other natural vegetation from land clearing projects (i.e. projects that clear the land surface so it can be developed, used for a different purpose, or left unused). 3. "Burning banned materials" means outdoor burning of garbage, dead animals, materials containing asphalt, petroleum products, paint, rubber products, plastics, paper (other than what is necessary to start a recreational fire), cardboard, treated wood, construction/demolition debris, metal, or any substance which emits dense smoke, toxic emissions, or obnoxious odors. C. If the Fire Department is called to respond to, control, or extinguish an illegal or out of control fire that is prohibited by this section, the City may charge, and recover from the person responsible for the fire, the costs of the Fire Department's response and control action. (Ord. 3081 § 1, 6/15/2001) 14.21.070 - Violations and penalties. Page 16 Any person, firm, or corporation, violating any of the provisions of Chapter 14.21 or of the rules and regulations adopted by the Port Angeles Fire Department as conditions for the issuance of a burning permit shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this chapter or of the rules and regulations adopted as conditions for the issuance of a permit is committed, continued or permitted. Each such violation shall be punishable in the same manner as violations of the construction codes of the City of Port Angeles as set forth in PAMC 14.01.100. (Ord. 2582 § 2, 4/25/1990.) CHAPTER 14.23 - FIRE ALARMS 14.23.010 - Purpose. The City Council finds that the required installation of fire alarm systems in certain buildings will promote the preservation of human health, safety, and general welfare and is otherwise necessary. This chapter provides for requirements that are in addition to those currently adopted through the International Fire Code, International Building Code, and nationally recognized standards. (Ord. 3124 § 1 (part), 10/11/2002) 14.23.020 - Definitions. A. "Addressable" means that individual components (such as smoke or heat detectors) have discrete identification that enables the status of the component to be individually identified. B. "Approved" means accepted by the Fire Chief or Fire Marshal of the Port Angeles Fire Department as a result of investigation for compliance with nationally recognized standards and by reason of test, listing or approval of a nationally recognized testing agency. C. "Annunciator" means a unit containing one or more indicator lamps, alphanumeric displays, or other equivalent means, which provides status information about a circuit, condition or location. D. "Automatic fire detection system" means a system designed to detect the presence of combustion or the products of combustion and to initiate an alarm. E. "Fire Alarm receiving center" means a public or private alarm receiving agency approved by the Port Angeles Fire Department. F. "Fire alarm system" means a system consisting of components arranged to monitor and annunciate the status of fire alarm or supervisory signal-initiating devices and to initiate the appropriate response to those signals. G. "Fire Department" means the Port Angeles Fire Department. H. "Manual fire alarm system" means a system designed to sound an alarm as the result of the operation of a manual pull station or the operation of a protection system such as a sprinkler system. I. "Owner" means any person, agent, firm or corporation having a legal or equitable interest in a property. (Ord. 3124 § 1 (part), 10/11/2002) 14.23.030 - Permits. Page 17 A permit shall be required prior to the installation of commercial fire alarm systems. The fire alarm plan review, inspection and testing fees shall apply as prescribed in PAMC 3.70.090. Non-required systems shall not be subject to said fees. (Ord. 3124 § 1 (part), 10/11/2002) 14.23.040 - General requirements. A. All buildings with over 6,250 square feet of floor area shall be protected by an approved addressable automatic fire detection system connected to an approved fire alarm receiving center. Area separation walls cannot be used to reduce the square footage of the building in order to negate the fire alarm system requirement. B. Occupancies protected by an approved fire sprinkler system may delete automatic detection from the fire alarm system in all sprinkler-protected areas except public assembly areas and public egress pathways. C. The Fire Chief or Fire Marshal may waive the requirement for an addressable fire alarm system and allow a zoned fire alarm system when, in their opinion, a zoned fire alarm system will provide sufficient alarm information. (Ord. 3124 § 1 (part), 10/11/2002) 14.23.050 - Occupancy specific requirements. The occupancy types regulated in this section shall be defined as in the current edition of the International Building Code. A. All Group "A" occupancies with an occupant load of 300 or more shall have a manual fire alarm system installed. B. All Group "B" and "E" occupancies which are used for educational purposes shall be protected throughout by an approved addressable automatic fire detection system. C. All Group "F" occupancies that are two or more stories in height shall have a manual fire alarm system installed. D. All Group "H" occupancies shall have a manual fire alarm system installed. E. All Group "I" occupancies shall be protected throughout by an approved automatic addressable fire detection system connected to an approved fire alarm receiving center. F. All Group "R1" occupancies shall be protected throughout by an approved addressable automatic fire detection system. G. All duplexes, two or more stories in height, shall be protected throughout by an approved automatic fire detection system. (Ord. No. 3450, § 5, 4-3-2012; Ord. 3290 § 1, 8/31/07; Ord. 3124 § 1 (part), 10/11/2002) 14.23.060 - Manual fire alarm system pull stations. A. Protective covers. The Fire Department is authorized to require the installation of listed manual pull station protective covers to prevent malicious false alarms or to provide the pull station with protection from physical damage. Page 18 B. Exceptions. Unless specifically required by other code provisions, manual fire alarm pull stations are not required where the building is equipped with an approved automatic sprinkler system and the alarm notification devices will activate upon sprinkler water flow. (Ord. 3124 § 1 (part), 10/11/2002) 14.23.070 - Notification devices. With all fire alarm systems, alarm notification devices shall be provided and shall be listed for their purpose by a nationally recognized listing agency. A. Visible alarms. Visible alarm devices shall be provided in public and common areas. B. Audible alarms. Audible alarm devices shall be installed in order to provide a distinctive sound with a pressure level of 15 dBA above the average ambient sound level in every occupied space within the building. (Ord. 3124 § 1 (part), 10/11/2002) 14.23.080 - Fire-extinguishing systems. When a building fire alarm system is present, automatic fire extinguishing systems shall be connected to the building fire alarm system. Examples of such systems include, but are not be limited to, fire sprinkler systems, spray booth extinguishing systems, kitchen hood and duct extinguishing systems, and special agent extinguishing systems. (Ord. 3124 § 1 (part), 10/11/2002) 14.23.090 - Acceptance tests. Upon completion of the fire alarm system installation, a full acceptance test shall be conducted in the presence of the Port Angeles Fire Department. All functions of the system will be tested, and all devices in the system will be tested. A certificate of occupancy will not be issued by the City until such time as the fire alarm is accepted by the Fire Department. (Ord. 3124 § 1 (part), 10/11/2002) 14.23.100 - Instructions and zone maps. A. Instructions. Fire alarm system operating instructions shall be posted in an approved location. B. Zone maps. When required by the Port Angeles Fire Department, fire alarm system zone maps shall be posted at the fire alarm control panel and at all remote annunciator panels. (Ord. 3124 § 1 (part), 10/11/2002) 14.23.110 - Remote annunciators. A remote annunciator may be required for all fire alarm systems that do not allow immediate access to the fire alarm control panel, or when the Fire Department determines that construction factors or architectural design may inhibit emergency response. Page 19 (Ord. 3124 § 1 (part), 10/11/2002) 14.23.120 - Inspection, testing, and maintenance. A. The building owner shall be responsible for ensuring that all fire and life safety systems are maintained in an operable condition at all times. Fire alarm service personnel shall meet the qualification requirements of NFPA 72 for maintaining, inspecting and testing such systems. A written record of all maintenance, inspection and testing shall be maintained and shall be made available to the Fire Department upon request. B. The building owner shall be responsible for providing updates to the Fire Department concerning the fire alarm system, system monitoring service, and contact information. (Ord. 3124 § 1 (part), 10/11/2002) 14.23.130 - Lock boxes. All buildings equipped with fire alarm systems shall have an approved locking keybox installed in an approved location on the exterior of the building. The locking keybox shall contain keys to enable rapid access to the building. (Ord. 3124 § 1 (part), 10/11/2002) 14.23.140 - Signage. A. All new fire alarm control panels shall be outfitted with a permanent sign, on or adjacent to the front panel door, as follows: The sign shall measure at least four inches wide by two inches high and shall have letters that are of contrasting color from the background. B. All new fire alarm control panels shall be outfitted with a permanent sign, on or adjacent to the front panel door, as follows: The sign shall measure at least four inches wide by three inches high and shall have letters that are of contrasting color from the background. (Ord. 3124 § 1 (part). 10/11/2002) 14.23.150 - Existing buildings. Existing buildings shall not be made to conform to the provisions of this chapter; provided that if the Fire Department determines that structural deficiencies affecting life safety are involved and that the continued use of the building or structure without a fire alarm system would be hazardous to the safety of the occupants, or, if an existing building undergoes a change in use or occupancy that results in a condition determined to be potentially hazardous to the safety of the occupants, the Fire Department may require compliance with the terms of this chapter. (Ord. No. 3450, § 5, 4-3-2012; Ord. 3124 § 1 (part). 10/11/2002) 14.23.160 - Repeated failure of equipment. Page 20 The Fire Department, due to repeated failure of equipment or circuitry, multiple fire alarms or failure to comply with all of the provisions of this chapter, may at any time order the discontinuance of any fire alarm system within the City. Such notice of discontinuance shall be made in writing to both the agency supplying the alarm and to the persons, firms and/ or corporations affected, at least 48 hours prior to the discontinuation of the fire alarm circuit. In the event of temporary failure of fire alarm equipment or circuitry, equipment malfunction, or multiple false alarms, the Fire Department, after notification of the occupants of the structure, may order all emergency response actions discontinued until repairs can be made by alarm agency personnel. Such notice shall be made in writing to the persons, firms, and/or corporations affected as soon as possible. (Ord. No. 3450, § 5, 4-3-2012; Ord. 3124 § 1 (part). 10/11/2002) 14.23.170 - Violations. Any willful violation of the terms of this chapter by any person or agency shall be deemed a misdemeanor and shall be punishable by a fine of up to $500.00 per day for each day that the violation continues. (Ord. No. 3450, § 5, 4-3-2012; Ord. 3124 § 1 (part). 10/11/2002) CHAPTER 14.24 - FIRE ZONES 14.24.010 - Fire district established. The entire City is established as a fire district, which fire district shall be divided into three zones, which shall be known and designated as Fire Zone Nos. 1, 2 and 3, and which include the portions of the City as follows: A. Fire Zone No. 1. The fire zone designated as Fire Zone No. 1 is established in the area of the City bounded and described as follows: Beginning at the point where the north margin of Second Street and the east margin of Valley Street intersect; thence easterly along the north margin of Second Street to the point where in intercepts the toe of the bluff, thence northeasterly along the toe of said bluff to the north margin of the alley between First and Second Streets; thence easterly along said north margin of the 1st/2nd alley to a point 100 feet west of the west margin of Lincoln Street; thence southerly along a line 100 feet west of and parallel to the west margin of Lincoln Street, to the intersection with the north margin of Second Street; thence easterly along the north margin of Second Street to a point 150 feet east of the east margin of Lincoln Street; thence northerly along a line 150 feet east of and parallel to the east margin of Lincoln Street to its intersection with the south margin of Railroad Avenue; thence westerly along the south margin of Railroad Avenue and the southerly line of the Chicago, Milwaukee, St. Paul and Pacific Railroad right-of-way to its intersection with the east margin of Oak Street; thence southerly along the east margin of Oak Street to the south margin of Front Street; thence westerly along the south margin of Front Street and the southerly margin continued along Marine Drive to its intersection with the east margin of Valley Street; thence southerly along the east margin of Valley Street to the north margin of Second Street, the point of beginning. B. Fire Zone No. 2. The fire zone designated as Fire Zone No. 2 is the area included in the following description: "C" Street Area: That area included within the following perimeter: Beginning at the point where the south margin of the alley between Seventh and Eighth Streets intersects the west margin of "B" Street; thence westerly along the south margin of the 7th/8th alley to a point 150 feet west of the west margin of "C" Street; thence southerly along a line 150 feet west of and parallel to the Page 21 west margin of "C" Street to the south margin of the 15th/16th alley; thence easterly a distance of 50 feet; thence southerly along a line 100 feet west of and parallel to the west margin of "C" Street to a point on the north margin of Sixteenth Street; thence westerly along said north margin of Sixteenth Street to a point 150 feet west of the west margin of "C" Street; thence southerly along a line 150 feet west of and parallel to the west margin of "C" Street to the north margin of Lauridsen Boulevard; thence easterly along the north margin of Lauridsen Boulevard to a point 150 feet east of the east margin of "C" Street; thence northerly along a line 150 feet east of and parallel to the east margin of "C" Street to a point on the north margin of the alley between Ninth Street and Tenth Streets; thence easterly along the north margin of the alley between Ninth and Tenth Street to the west margin of "B" Street; thence northerly along the west margin of "B" Street to the point of beginning. Pine Hill Area. That area included within the following described perimeter: Beginning at a point where the south margin of the alley between Seventh Street and Eighth Street intersects the top of the bluff on the east side of Tumwater Canyon; thence southerly along said top of bluff line to the point where it intersects the north margin of the alley between Eighth Street and Ninth Street; thence easterly along said north margin of the 8th/9th alley to the point where it intersects the top of bluff line on the west side of Valley Canyon; thence northerly along said top of bluff line to the point where it intercepts the south margin of the alley between Seventh and Eighth Street; thence westerly along said south margin of the 7th/8th alley to the point of beginning. Lincoln - Boulevard Area. That area included within the following described perimeter: Beginning at a point on the south margin of Lauridsen Boulevard 200 feet west of the west margin of Oak Street; thence southerly along a line 200 feet west of and parallel to the west margin of Oak Street to its intersection with the north margin of the alley between Lauridsen Boulevard and Motor Avenue; thence easterly along said north margin of the alley between Lauridsen Boulevard and Motor Avenue to a point 100 feet west of the west margin of Oak Street; thence southerly along a line 100 feet west of and parallel to the west margin of Oak Street to its intersection with the north margin of Motor Avenue; thence easterly along the north margin of Motor Avenue to the east margin of Laurel Street; thence southerly along said east margin of Laurel Street to its intersection with the north margin of San Juan Avenue; thence easterly along said north margin of San Juan Avenue to the east margin of Lincoln Street; thence southerly along said east margin of Lincoln Street to its intersection with the north margin of the alley between Lauridsen Boulevard and Orcas Avenue; thence easterly along said north margin of the alley between Lauridsen Boulevard and Orcas Avenue to its intersection with the east margin of Chase Street; thence southerly along said east margin of Chase Street to its intersection with the north margin of Orcas Avenue; thence easterly along said north margin of Orcas Avenue to its intersection with the west margin of Vine Street; thence northerly along said west margin of Vine Street to its intersection with the south margin of Lauridsen Boulevard; thence westerly along said south margin of Lauridsen Boulevard to the point of beginning. Eighth and Race Street Area. That area included within the following described perimeter: Beginning at a point where the south margin of the alley between Seventh Street and Eighth Street intercepts the top of bluff on the east side of Peabody Canyon; thence southeasterly along said top of bluff on the east side of Peabody Canyon to the point where it intercepts the north margin of the alley between Eighth and Ninth Streets; thence easterly along said north margin of the 8th/9th alley to a point 100 feet east of the east margin of Race Street; thence northerly along said line 100 feet east of and parallel to the east margin of Race Street to its intersection with the south margin of the alley between Seventh Street and Eighth Street; thence westerly along said south margin of the 7th/8th alley to the point of beginning. First - Front - Lincoln - 8th: That area included within the following described perimeter: Beginning at a point where the south margin of the alley between Seventh Street and Eighth Street intercepts the top of bluff line on the east side of Valley Canyon; thence southerly along said top of bluff line to the point where it intercepts the north margin of the alley between Eighth Street and Ninth Street; thence easterly along said north margin of the 8th/9th alley to the top of bluff line on the Page 22 west side of Peabody Canyon; thence northwesterly along said top of bluff line to the south margin of the alley between Seventh and Eighth Streets; thence westerly along said south margin of the 7th/8th alley to the point where it intersects the west margin of Chase Street; thence northerly along said west margin of Chase Street to the point where it intersects the north margin of Third Street; thence easterly along said north margin of Third Street to a point 150 feet east of the east margin of Peabody Street; thence northerly along a line 150 feet east of and parallel to the east margin of Peabody Street to the point where it intersects the north margin of Second Street; thence easterly along said north margin of Second Street to the point where it intersects the west margin of Chambers Street; thence northerly along said west margin of Chambers Street to the point where it intersects the north margin of the alley between First Street and Second Street; thence easterly along said north margin of 1st/2nd alley to the point where it intersects the east margin of Penn Street; thence southerly along said east margin of Penn Street to the point where it intersects the north margin of Second Street; thence easterly along said north margin of Second Street and the north margin of Second Street projected to the point where it intersects the north line of the SW ¼ of the SW ¼, Section 12-30-6; thence easterly along the said north line of the SW ¼ of the SW ¼, of Section 12-30-6 to the east City limits; thence northerly along said east City limits to the south margin of Highway 101; thence westerly along said south margin of Highway 101 to the west margin of Golf Course Road; thence northerly along the west margin of Golf Course Road projected and the east City limits to the point where it intersects the projected south margin of Caroline Street; thence westerly along said projected south margin of Caroline Street to the point where it intersects the east margin of Alder Street; thence southerly along said east margin of Alder Street to the point where it intersects the south margin of the alley between Front Street and Georgiana Street; thence westerly along said south margin of the Front/Georgiana alley to the point where it intercepts the top of bluff line above Port Angeles Harbor west of Vine Street; thence southwesterly along said top of bluff line to the east margin of Peabody Street; thence southerly along said east margin of Peabody Street to the point where it intersects the south margin of Front Street; thence westerly along the south margin of Front Street to a point 150 feet east of the east margin of Lincoln Street; thence southerly along said line 150 feet east of and parallel to the east margin of Lincoln Street to the point where it intersects the north margin of Second Street; thence westerly along said north margin of Second Street to a point 100 feet west of the west margin of Lincoln Street; thence northerly along a line 100 feet west of and parallel to the west margin of Lincoln Street to the point where it intersects the south margin of the alley between First Street and Second Street; thence westerly along said north margin of the 1st/2nd alley to the point where it intersects the east margin of Laurel Street; thence southerly along said east margin of Laurel Street to the point where it intersects the south margin of the alley between Seventh Street and Eighth Street; thence westerly along said south margin of the 7th/8th alley to the point of beginning. C. Fire Zone No. 3. All that area within the corporate limits of the City of Port Angeles not specifically included in either Fire Zone No. 1 or Fire Zone No. 2. (Ord. 2017 § 1, 4/29/1979; Ord. 1837 § 1 (part), 12/26/1974; Ord. 1546 § 3 (part), 12/16/1964; Ord. 1330 § 4 (part), 8/30/1954) 14.24.020 - Map. A map of the City outlining and designating the areas listed as Fire Zone Nos. 1, 2 and 3 has been prepared and is now on file with the City Clerk, designated as a "Fire Zone Map", which map is identified by the approving signatures of the mayor and City Clerk and dated April 17, 1979, which map is adopted as part of this chapter, together with all notations, references, symbols and legends shown thereon. This chapter and each of its terms should be read and interpreted in the light of such map. (Ord. 2017 § 2, 4/29/1979; Ord. 1837 § 2, 12/26/1974; Ord. 1546 § 4, 12/16/1964; Ord. 1330 § 4 (part), 8/30/1954.) Page 23 CHAPTER 14.26 - AUTOMATIC FIRE SPRINKLER SYSTEMS 14.26.010 - Policy and purpose. The City Council finds that automatic fire sprinkler systems are now technologically and economically viable and can help to reduce the loss of life and property due to fire and are therefore reasonably necessary in order to protect the public health, safety and welfare. Further, automatic fire sprinkler systems can help to ensure that any fires that occur in new residential structures are reasonably within the firefighting capabilities of the Port Angeles Fire Department with its present manpower and equipment and will provide a rational basis for planning public fire protection expenditures by defining the balance between traditional fire protection resources to be supplied by the public and the private sectors while at the same time reducing the costs of traditional fire protection and its related expenditures such as large water mains, fire apparatus turn-arounds, and fire hydrants in newly developing areas. Finally, the installation of automatic fire sprinkler systems should help to cause a significant reduction in homeowner insurance premiums. (Ord. 2426 § 2, 1/1/1987.) 14.26.020 - Sprinkler systems required. Automatic fire sprinkler systems shall be installed and maintained in all multi-family residential construction; provided that this requirement shall become effective January 1, 1987, prior to which date installation of automatic fire sprinkler systems shall be allowed but not required. (Ord. 2562 § 1, 1/28/1990; Ord. 2464 § 1, 11/15/1987; Ord. 2426 § 3, 1/1/1987) 14.26.030 - "Automatic fire sprinkler system" defined. The term "automatic fire sprinkler system," as used herein, is defined as an integrated system of underground and overhead piping, including a water supply such as a gravity tank, fire pump, reservoir, pressure tank, or connection by underground piping to a public main; said system complying in all respects with the requirements for such systems contained in appropriate standards issued by the national Fire Protection Association, one copy of which standards shall be filed in the office of the City Clerk for use and examination by the public. (Ord. 2426 § 4, 1/1/1987) 14.26.040 - Approval by Fire Chief. No automatic fire sprinkler system required or allowed by this chapter shall be installed without prior approval by the Fire Chief or his designee of the plans for installation, testing and maintenance of the system. Subject to the approval of the Fire Chief or his designee, sprinklers may be omitted in rooms or areas which are of non-combustible construction with non-combustible contents. No residential construction for which an automatic fire sprinkler system is required or allowed by this chapter shall be occupied until testing of the automatic fire sprinkler system has been approved by the Fire Chief or his designee. (Ord. 2426 § 5, 1/1/1987) 14.26.050 - Appeals. Page 24 Appeals under this chapter may be granted after payment of a $50.00 application fee and a hearing by the Fire Chief, Building Official, and member of the building industry appointed by the City Council. Decisions of this body shall be final and non-appealable. (Ord. 2426 § 6, 1/1/1987) 14.26.060 - Building codes not affected. The application of this chapter shall not prohibit the exercise of the substitution option granted in the International Building Code relating to "Fire Resistive Substitution" and shall not affect or supersede the provisions of the State Building Codes as adopted by the City of Port Angeles pursuant to Chapter 19.27 RCW. (Ord. 2426 § 7, 1/1/1987) CHAPTER 14.32 - BUILDING MOVING 14.32.010 - Purpose and scope. It is the purpose of this chapter to establish standards, including minimum requirements for the moving of all buildings and other structures within the corporate limits of the City, and to provide for the issuance of a permit, collection of various fees, and inspection services for all such movements. Regulation of building moves is necessary to ensure that the City receives notice of buildings being moved in the City so that utility services and traffic disruptions can be dealt with safely and possible damage to City and/or private property is protected through adequate bonding and/or insurance. (Ord. 3015 § 2 (part), 3/26/1999) 14.32.020 - Definitions. For the purpose of this chapter, the following terms, phrases, and words shall have the meanings given in this section: A. "Applicant" is the person who applies for a permit to move a building pursuant to this chapter. B. "Building" is any structure wider than eight feet six inches or taller than 14 feet six inches. Height shall be deemed to include the vehicle or dolly system being used to move the structure. C. "Building Official" is the Building Official of the City of Port Angeles or his/her designee. D. "Owner" is the person who owns the building being moved. E. "Permittee" is the person who applies for and receives a permit to move a building pursuant to this chapter. F. "Person" is any person, firm, partnership, association, corporation, company or organization of any kind. (Ord. 3015 § 2 (part), 3/26/1999) 14.32.030 - Building moving permit. Page 25 A. No person shall move any building over, along, or across any highway, street, or alley in the City without first obtaining a building moving permit from the Building Official. B. The permit required in this section and the other requirements of this chapter shall be in addition to all existing permits and requirements of the construction codes and ordinances of the City. C. Any structure specifically licensed or permitted by the State of Washington or the United States Department of Housing and Urban Development (HUD) for travel on streets and highways is exempt from this Chapter. (Ord. 3015 § 2 (part), 3/26/1999) 14.32.040 - Application. A. An applicant seeking issuance of a building moving permit under this chapter shall file an application for such permit with, and upon forms provided by, the Building Official. B. The application shall set forth and include the following: 1. A description of the building proposed to be moved, giving street number of existing and proposed site locations and the dimensions; 2. The highways, streets, alleys, and lots over, along, or across which the building is proposed to be moved; 3. Proposed moving date and hours; 4. All information describing the applicant's qualifications as required in PAMC 14.32.050; 5. The fee required in PAMC 14.32.060; 6. A statement that the applicant specifically agrees to indemnify and hold harmless the City of Port Angeles, its officials, employees, and agents, against any loss, damage, cost, and/or expense (including attorneys fees reasonably incurred), which may in any way occur against the City in consequence of granting the building moving permit to the applicant; 7. Any additional information which the Building Official finds necessary in order to make a fair determination of whether a permit should be issued. C. The application shall be accompanied by any other required applications, permits, or approvals. (Ord. 3015 § 2 (part), 3/26/1999) 14.32.050 - Qualifications. In order for a building moving permit to be issued by the Building Official, the applicant must meet the following qualifications: A. Hold valid current registration under the State Contractors Registration Act either as a general or specialty contractor authorized to engage in the building moving business; B. Demonstrate the ability to perform the task of moving buildings in a workmanlike manner by presenting evidence of experience and appropriate equipment. (Ord. 3015 § 2 (part), 3/26/1999) 14.32.060 - Fees. Page 26 A. A building moving application shall be accompanied by a building moving permit fee. Said fee is for the building move only and shall be in addition to all other fees for construction or relocation of the building on the new site. B. The building moving permit fee shall be established by ordinance of the City Council as set forth in Chapter 3.70.110C PAMC and shall be in the amount necessary to compensate the City for the expense of reviewing and processing plans, conducting inspections, and other services determined to be necessary for the administration and enforcement of the provisions of this chapter. C. The building moving permit fee shall be non-refundable. (Ord. 3015 § 2 (part), 3/26/1999) 14.32.070 - Deposit, bond, and insurance. A. Prior to permit issuance, the applicant shall submit the following: 1. A deposit to the City equal to 150 percent of the amount estimated by the Building Official to compensate the City for its expenses that will be incurred in removing and replacing any City property, the removal and replacement of which will be required by reason of the moving of the building through the City. 2. A surety bond, or cash or other security in lieu of said bond, in a form acceptable to the City Attorney, posted with the City in the sum of $5,000.00 to guarantee performance of the moving operation and placement of the building in accordance with the plans submitted for the moving of said building and to cure or pay for any damages caused to public or private facilities as part of the movement of the building along City streets. 3. A certificate of insurance against claims for injuries to persons or damage to property, which may arise from or in connection with the performance of the work associated with the building move by the applicant, its agents, representatives, employees, or subcontractors. Said policy shall be issued by a responsible insurance company authorized to do business under the laws of the State of Washington. Said policy shall insure the permittee, shall name the City of Port Angeles as an additional insured, and shall insure to the benefit of any and all persons suffering loss or damage either to person or property by reason of any operations of the permittee. Said policy shall insure against loss from the liability imposed by law for injury to, or death of any person, and damage to property, in the amount or limit of $1,000,000.00 per occurrence. B. In addition to the deposit, bond or other security, and insurance provided pursuant to this section, the permittee shall also be liable for any expense, damages, or costs in excess of deposited amounts, securities, or insurance, and the City may prosecute an action against the permittee in a court of competent jurisdiction for the recovery of such excessive amounts. C. When the moving of the building is completed, any damage has been repaired to the satisfaction of the City, and all damage costs or costs of performing the work as required in this chapter have been paid, the unused amount of the deposit shall be refunded, and the remaining bond, cash, or other security shall be released. (Ord. 3015 § 2 (part), 3/26/1999) 14.32.080 - Permit issuance. A. The standards for issuance of a building moving permit shall be as follows: 1. All fees, including deposit, insurance, permits and application requirements as set forth in this chapter have been complied with; Page 27 2. The building is not too large to move without endangering persons or property, or causing unacceptable damage to trees, plants, and shrubs, in the City; 3. The building is not in a state of deterioration or disrepair and is not otherwise so structurally unsafe that it could not be moved without endangering persons and property in the City; 4. The applicant's equipment is licensed for operation on state highways; 5. There are no other reasons that persons or property in the City would be endangered by moving the building; 6. The City Engineer and Chief of Police, or their designees, have approved the route selected by the applicant for moving the building and have specified whatever conditions to the building moving permit may be necessary to protect persons and property in the City and minimize congestion and traffic hazards on public streets and alleys; 7. The zoning and other ordinances of the City would not be violated by moving the building or placing it in its new location; 8. The owner has demonstrated that all City assessments and any other City charges against the property or the property owner have been removed, paid in full, or otherwise discharged to the satisfaction of the City; 9. The applicant has demonstrated that all necessary utility arrangements have been made; 10. The owner has acquired a demolition permit and paid the necessary fees to cap the sewer and water lines and remove the electrical service. B. Prior to permit issuance, the Building Official shall inspect the building, whether located inside or outside the City limits, and the applicant's equipment, and shall determine whether or not the standards for issuance of a permit and all other requirements of this Chapter have been met. C. The Building Official shall have sole discretion to issue, condition, or deny a building moving permit in accordance with this chapter and may, at any time, for sufficient cause, revoke or suspend any permit previously issued. D. By issuing a building moving permit, neither the City, the Building Official or any other official or employee of the City shall be deemed to have warranted that all public health safety, cultural, and welfare concerns have been addressed or shall be held responsible for any damage or injury that may occur during, or as a result of, the moving of the building. (Ord. 3015 § 2 (part), 3/26/1999) 14.32.090 - Performance requirements. Every permittee under this chapter shall: A. Move a building only over streets designated and approved for such use in the approved permit and conduct such move using due diligence and to the satisfaction of the City Engineer and Chief of Police; B. Notify the Building Official within 24 hours of a desired change in moving date and hours as proposed in the application and not proceed until the Building Official has approved the new date and time; C. Notify the City Engineer and Chief of Police not less than 24 hours before the actual work of moving the building is to commence; D. Make necessary arrangements with any public utility, the City or other entity, whichever is the owner, for displacing or changing the location of any pole, wire, cable, or other equipment or structure that may be necessary in order to move the building, and for paying the costs thereof; Page 28 E. Make necessary arrangements acceptable to any owner of trees, plants, and shrubs for trimming, moving, removing, or replanting them as may be necessary in order to move the building, and for paying the costs thereof; F. Notify the Building Official in writing of any and all damage done to property belonging to the City within the next business day after the damage has occurred; G. Protect the building during nighttime using flashing lights and warning barricades as necessary to warn and protect the public; H. Comply with the City's construction codes and all other applicable City ordinances; I. Pay the expense of a traffic officer if required by the Chief of Police to accompany the movement of the building to protect the public; J. Insure that the building move is completed in accordance with the requirements of this ordinance and that the building or any part thereof is not left standing or abandoned while the same is in or upon any part of any highway, street, or alley; provided that if the permittee does not comply with the requirements of this ordinance, the City may proceed to do the work necessary to achieve compliance, and the cost thereof shall be charged against the surety bond, cash or other security provided pursuant to this chapter. (Ord. 3015 § 2 (part), 3/26/1999) 14.32.100 - Owner's responsibilities. The applicant shall notify the owner of, and the owner shall be responsible for, the following requirements: A. Prior to the move, make arrangements to ensure that the sewer is capped, the water supply is shut off, the electrical supply is terminated, and any other utility services have been properly provided for, in conformance with the requirements of the affected utility departments or companies. B. After the move, ensure that the following work has been completed so that the premises from which the building has been moved are left in a safe and sanitary condition: 1. All rubbish and materials have been removed; 2. Any openings, excavations, or basements remaining on the property have been filled to street level or the level of the adjoining property, unless otherwise directed by the Building Official; 3. Any septic tanks or cesspools on the property have been properly filled or otherwise secured as required by the State and County health regulations; 4. Any underground storage tanks have been properly secured as required by State regulations. (Ord. 3015 § 2 (part), 3/26/1999) 14.32.110 - Appeal. Any person aggrieved by the action of the Building Official in conditioning or refusing to issue a permit under this chapter shall have the right to appeal such action to the Director of Public Works by filing a notice of appeal with the Building Official within ten calendar days of receiving notice of the action from which appeal is taken. (Ord. 3015 § 2 (part), 3/26/1999) Page 29 14.32.120 - Violations. Any person violating 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 of the provisions of this chapter is committed, continued, or allowed. Each such violation shall be punishable in the same manner as violations of the construction codes of the City as set forth in Chapter 14.01 PAMC. (Ord. 3015 § 2 (part), 3/26/1999) CHAPTER 14.36 - SIGN CODE 14.36.010 - Purpose. The purpose of this chapter is to enhance the aesthetic and commercial appeal 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. 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 and breakfasts in Chapters 17.13 and 17.18 PAMC. Residential structure and subdivision identification signs permitted in Titles 16 and 17 PAMC 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. (Ord. 3126 § 1 (part), 11/15/2002; Ord. 2152 § 1, 7/1/1981) 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, and the 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 "or intended, maintained, arranged, or designated to be used or occupied". B. Banner, festive. A piece of manmade or natural cloth or fabric, displaying a distinctive non-commercial design and securely attached by two or more edges to a building or poles. C. Billboard. An off-premise outdoor advertising sign containing a commercial message unrelated to any use or activity of the property on which the sign is located. See also PAMC 17.95.140. 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 or strings of such devices, which are used to attract attention for commercial purposes. F. 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. G. Person. Any individual, corporation, association, firm, partnership, and the like, singular or plural. Page 30 H. Right-of-way. A dedicated or owned right-of-way of the 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 such right-of-way or easement is currently used or not. I. 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 of the 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. J. Sidewalk. That portion of the right-of-way, if any, 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. K. Sign. Any letters, figures, design, symbol, trademark, or device intended to attract attention for commercial purposes to any activity, service, place, subject, person, firm, corporation, public performance, article, machine, or merchandise, and including display surfaces and supporting structures thereof. L. 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 of the display. 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 activity to a person traveling in an automobile or other motorized vehicle on the adjacent street. O. Sign, banner. A piece of manmade or natural cloth or fabric, conveying a commercial message 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 it is attached or mounted on a building. Q. Sign, freestanding. A single or multiple faced sign, supported from the ground by one or more columns, uprights, or braces. R. Sign, marquee or awning. Any sign attached to, supported by, or incorporated in a marquee or awning. S. Sign, mobile. Any sign that is not permanently attached to a building or the ground including A -frame signs, sawhorse signs, trailer-mounted signs, vehicle-mounted signs, pole temporary attachments, and large inflated displays. T. Sign, pedestrian. A small sign designed to identify a business or commercial activity to a person walking nearby the location of the business. U. Sign, projecting. Any sign other than a wall sign which extends more than 12 inches from the façade 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. W. Sign, rotating. Any sign which rotates on a fixed axis. Page 31 X. Sign, temporary. A sign constructed of cloth, canvas, cardboard, wallboard, or other light material, intended to be displayed for a limited period of time as specified in this chapter. Y. Sign, wall. Any sign attached to and supported by the wall of a building or the wall of a structure, with the exposed face of the sign in a plane parallel to the plane of said wall. Z. Sign, window. Any sign located inside and affixed to or within three feet of the window panes of a building, whether temporary or permanent. AA. Street. A public right-of-way which affords a primary means of access to abutting property. BB. Street frontage. The side of a building facing the street. CC. Surface area or façade. The surface area or façade shall be the area of that continuous exterior front, side, or back surface of a building, including doors and windows, but excluding any roof area. DD. Visible sign area. The total of all sign faces visible from any one location. (Ord. 3329 § 1, 4/25/2008; Ord. 3126 § 1 (part), 10/11/2002; Ord. 2452 § 1, 7/30/1989; Ord. 2182 § 1, 12/15/1981; Ord. 2152 § 2, 7/1/1981) 14.36.030 - Applicability. This chapter shall regulate signs throughout the City of Port Angeles in all nonresidential zones as designated in Ordinance No. 1709 and as set forth in the Official Zoning Map for the City, as they now exist or may hereafter be amended. (Ord. 3126 § 1 (part), 11/15/2002; Ord. 2152 § 3, 7/1/1981) 14.36.040 - Permit. A. Required. No person shall erect, relocate, or otherwise construct or alter any sign in the City without complying with this chapter and, when required, obtaining a sign permit from the Building Division of the 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 of business; 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: Page 32 1. The changing of advertising 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 of a permitted sign or legal nonconforming sign, provided the repainting of a legal nonconforming sign does not occur after the amortization period. (Ord. 3126 § 1 (part), 11/15/2002; Ord. 2542 § 2, 7/30/1989; Ord. 2152 § 4, 7/1/1981) 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 erected by public authorities. B. Informational service signs, such as "customer parking", "driveway entrance" and "exit", not to exceed six 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 square feet. D. Informational warning signs, such as "no trespassing", "no dumping", "no parking", not to exceed eight square feet. E. Building address identification numbers are to be no more than 12 inches in height, nor less than six 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. Temporary political signs, provided such signs are not located in public rights-of-way and are removed within 14 days after the election. H. Temporary decorations customarily displayed at special holidays, such as Christmas and Independence Day, provided they are removed within 14 days after the holiday. I. Seasonal decorations, festive banners, and other distinctive noncommercial displays affixed to light poles, or other public standards, by the City or nonprofit organizations. J. One temporary real estate sign for each street frontage located on the premises for sale, lease, or rent, not exceeding eight square feet; provided that it is removed 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 square feet in total sign area for each sign, provided that the signs are removed when the house is not open to the public. K. One temporary sign for each street frontage denoting the architect, engineer, or contractor, placed upon work under construction, not to exceed eight square feet; provided it is removed 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. M. Sculptures, fountains, mosaics, murals, not incorporating advertising or identification of a business. N. Sandwich board signs worn by a person while walking the public ways of the City. O. Signs painted directly on windows, and inside window signs, except as the type of sign may be specifically prohibited by PAMC 14.36.080. Page 33 P. Traditional theater marquees, not exceeding 260 square feet, provided, however, that although these signs are exempt, a building permit and an electrical permit may be required for construction. 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 community event, do not exceed 200 square feet, are installed pursuant to a building permit, are removed within 14 days after the event, and are not up for more than three 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 PAMC 14.36.080; except further that for the purposes of this section, community service signs shall not be considered billboards. S. Signs mounted on public transit vehicles and facilities. (Ord. 3126 § 1 (part), 11/15/2002; Ord. 2542 § 3, 7/30/1989; Ord. 2182 § 2, 12/15/1981; Ord. 2152 § 5, 7/1/1981) 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 identificatio n 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 of the 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, 8/20/1991; Ord. 2152 § 6, 7/1/1981) 14.36.070 - Permitted signs. A. Signs in the Central Business District (CBD) Zone. Signs in the CBD zone shall comply 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 percent of the surface area of the building façade occupied by the business, or 200 square feet, whichever is less, and up to 90 percent of the sign may be on a part of the same façade not occupied by the business. When a building is located on more than one street frontage, each visible building façade 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 shall be mounted parallel to the building façade and shall project no more than 18 inches from the wall on which they are attached. Page 34 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 shall not exceed a vertical distance of two 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 of a 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 feet from the building façade. A sign that projects below the marquee or awning shall comply with the requirements of PAMC 14.36.070(A)(3) (pedestrian signs). The sign area for a back -lit marquee or awning sign comprised of individual letters, figures, design, symbol, or trademark painted or mounted and projecting less than three 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. The horizontal clearance between the curb line and every surface and part of a marquee shall be not less than two feet. Marquee placement shall be per Section 3205 of the Uniform Sign Code and shall be at least eight feet above the ground or pavement below. 3. Pedestrian signs. A pedestrian sign attached to the underside of a marquee or awning shall be at a right angle to the plane of the building façade and not extend beyond the outer edge of the marquee or awning. A clearance of not less than eight feet from the underlying sidewalk shall be maintained. Said sign shall not exceed six square feet in sign area per side. 4. Freestanding signs. Where all portions of a building are located more than 15 feet from the street right-of-way the building may have one freestanding sign in addition to the signs allowed on the building, provided that it shall not exceed 25 square feet in sign area per side or 20 feet in height. If the building has frontage on two or more streets and the building is more than 40 feet from those streets, the building may have one freestanding sign that shall not exceed 100 square feet of sign area per side or a total of 200 square feet of sign area, whichever is less, or 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 façades that are more than 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. Projecting signs. Projecting signs may be mounted at a right angle to the plane of the building façade, provided the sign shall not extend more than four and one-half feet beyond the façade of the building. Further provided that signs occurring under marquees or awnings shall be governed by the requirements for pedestrian signs in PAMC 14.36.070(A)(3). Projecting signs not occurring under marquees shall maintain a clearance of not less than eight feet from the underlying sidewalk. 6. Upper floor businesses. The total sign area for a business occupying an upper story of a building with street frontage shall not exceed 20 percent of the surface of the building façade occupied by the business, or 200 square feet, whichever is less. An upper floor business or businesses may have one sign on the street level identifying the upstairs businesses, provided that said sign shall not exceed six square feet. 7. Multiple businesses, arcades, and galleries. The total sign area of two or more businesses sharing a common façade with at least one business not having a street frontage shall not exceed 20 percent of the surface area of the common façade. One additional sign, not exceeding six square feet, listing all of the businesses may be provided. 8. Sign area on alleys. Each individual business with alley frontage may have a total sign area of all signs not to exceed ten percent of the surface area of the building façade on the alley occupied by the business; provided, however, that individual businesses without street frontage may have 20 percent or 200 square feet, whichever is less. Alley signs shall be mounted parallel to the building façade and project no further than 12 inches from the wall on which the sign is attached. 9. Sign area on side walls. Signs may be mounted on exposed side walls of buildings, which walls do not have street frontage, in accordance with subsection (A) of this section; provided, that only the area of the exposed wall shall be considered the surface area of the façade. Page 35 10. Shopping malls. The total sign area for a shopping mall façade shall not exceed 20 percent of the façade or 300 square feet, whichever is less. Signs may be placed on any façade of a shopping mall, provided the maximum allowable sign area of that façade is not exceeded, and the sign is part of a master sign permit in the name of the manager of the mall that identifies all of the signs for the shopping mall. Where all portions of the shopping mall are more than 15 feet from the street right-of-way, one freestanding sign per street frontage, with a maximum of two such signs per site, may be installed, provided that each sign shall not exceed 20 feet in height and 200 square feet in total area, or 100 square feet in area per side; provided, however, that for those signs containing over 100 square feet of sign area, the display surfaces shall be parallel and back- to-back to each other; and further provided that the sign area shall be included in the total permitted sign area for the façade on that same street frontage. 11. Non-building business. The total sign area for a business in which no portion of the business occurs within a building shall not exceed 64 square feet per street frontage and shall be located on the property of the business. Non-building business signs may be freestanding, provided that each sign shall not exceed 20 feet in height and 32 square feet in sign area per side; provided that there shall not be more than one freestanding sign per street frontage. B. Signs in the Commercial Arterial (CA) Zone. Signs in the CA zone shall comply with requirements of this subsection. Signs may be lighted but not intermittent or flashing type. All signs over ten 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 35 feet. Such signs may be wall signs, marquee signs, pedestrian signs, freestanding signs, projecting signs, fluttering devices, or any combination thereof, subject to the following standards: 1. Building-mounted signs. Building-mounted signs may be placed on any wall not facing an adjacent 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 20 percent of the area of the building elevation facing a public street to a maximum of 250 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 20 percent of that business's portion of the building elevation facing a public street to a maximum of 250 square feet. 2. Freestanding signs. One and one-quarter square feet of freestanding visible sign area shall be allowed for every one lineal foot of arterial street frontage of the site, provided that the maximum area of any 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 Maximum Visible Sign Area Less than .50 acre 100 square feet .50 to .99 acre 200 square feet 1 to 1.99 acres 300 square feet 2 to 2.99 acres 400 square feet 3 acres or more 500 square feet Page 36 3. Off-premise signs. 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 300 square feet in total sign area and 35 feet in height, may be permitted on any site that does not contain any sign for businesses located on said site, subject to approval of a conditional use permit. No billboard or other off-premise outdoor advertising sign shall be located within 1,000 feet of another such sign that is on the same side of the street. 4. Shopping malls. The total sign area for a shopping mall façade shall not exceed 20 percent of the façade or 300 square feet, whichever is less. Signs may be placed on any façade of a shopping mall, provided the maximum allowable sign area of that façade is not exceeded and the sign is part of a master sign permit in the name of the manager of the mall that identifies all of the signs for the shopping mall. Where all portions of the shopping mall are more than 15 feet from the street right-of-way, one freestanding sign per street frontage, with a maximum of two such signs per site, may be installed, provided that each sign shall not exceed 20 feet in height and 200 square feet in total area, or 100 square feet in area per side. For such signs containing over 100 square feet of sign area, the display surfaces shall be parallel and back-to-back to each other, and the sign area shall be included in the total permitted sign area for the façade on that same street frontage. 5. Fluttering devices. Pennants, flags, flyers, ribbons, balloons, or other fluttering devices or strings of such devices, which are used to attract attention to outdoor sales lots of new and used dealerships of automobiles, trucks, trailers, motorcycles, recreational vehicles, tractors, and boats, are allowed, provided such devices are not made of conductive material such as mylar which can cause an electrical shock or shortage. C. Signs in the Community Shopping District (CSD) Zone. Signs in the CSD zone shall comply with the requirements of this subsection. Signs may be lighted but not intermittent or flashing type. All signs over ten 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 30 feet. Such signs may be wall signs, marquee signs, pedestrian signs, freestanding signs, projecting signs, or any combination thereof, subject to the following standards: 1. Building-mounted signs. Building-mounted signs may be placed on any wall not facing an adjacent residential zone. Building-mounted signs may not extend above the top of the eaves or parapet and may not be located on a roof. a. For buildings occupied by a single business, the total building-mounted sign area shall not exceed ten percent of the area of the building elevation facing a public street to a maximum of 175 square feet on each building elevation which is adjacent to a public street. b. In buildings occupied by more than one business, the total building-mounted sign area for each business shall not exceed ten percent of that business's portion of the building elevation facing a public street to a maximum of 175 square feet. c. Sign area on alleys. Each individual business with alley frontage may have a total sign area not to exceed ten percent of that business' portion of the building elevation adjacent to the alley to a maximum of 175 square feet. Alley signs shall be mounted parallel to the building façade and project no further than 12 inches from the wall on which the sign is at tached. d. Sign area on side walls. Signs may be mounted on exposed side walls of buildings, which walls do not have street frontage, may have a total sign area not to exceed ten percent of that business' portion of the building elevation visible from a public street to a maximum of 175 square feet; provided, that only the area of the side wall visible from the public street shall be used in calculating the sign area. 2. Freestanding signs. One and one-quarter square feet of freestanding visible sign area shall be allowed for every one lineal foot of arterial street frontage of the site, provided that the maximum Page 37 area of any 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 Maximum Visible Sign Area Less than .5 acre 50 square feet .50 to .99 acres 75 square feet 1 to 1.99 acres 100 square feet 2 to 2.99 acres or more 125 square feet 3 acres or more 150 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 100 square feet in total sign area. All signs over ten 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 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 100 square feet in total sign area. No more than 50 s quare feet of lighted sign area may face residential property in a residential zone located directly across a street. All freestanding signs shall not exceed five feet in height. Building-mounted signs shall not exceed 20 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. 1. One building-mounted sign, not to exceed one square foot for each one horizontal lineal foot of the building wall or 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 35 square feet in area and 15 feet in height, shall be permitted for each business site. 3. Public and private directional, traffic, and warning attached and detached signs shall not exceed six square feet in area. 4. Signs may be lighted, but not intermittent or flashing. 5. Off-premise signs, including billboards, shall be prohibited within the Industrial Park Zone. Page 38 G. Signs in the Industrial Light (IL) Zone. Signs in the IL zone shall comply with the requirements of this Subsection. 1. One building-mounted sign, not to exceed one square foot for each one horizontal lineal foot of the building wall or 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 35 square feet in area and 15 feet in height, shall be permitted for each business site. 3. Public and private directional, traffic, and warning attached and detached signs shall not exceed six square feet in area. 4 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 300 square feet in total sign area and 35 feet in height, may be permitted on any site that does not contain any sign for businesses located on said site, subject to approval of a conditional use permit. No billboard or other off-premise outdoor advertising sign shall be located within 1,000 feet of another such sign that is on the same side of the street. H. Signs in the Industrial Heavy (IH) Zone. Signs in the IH zone shall comply with the requirements of this Subsection. 1. One building-mounted sign, not to exceed one square foot for each one horizontal lineal foot of the building wall or 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 100 square feet in area and 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 300 square feet in total sign area and 35 feet in height, may be permitted on any site that does not contain any sign for businesses located on said site, subject to approval of a conditional use permit. No billboard or other off-premise outdoor advertising sign shall be located within 1,000 feet of another such sign that is on the same side of the street. I. Signs in the Public Buildings and Parks (PBP) Zone. Signs in the PBP zone shall comply with the requirements of this subsection. One building-mounted sign per building shall be permitted, provided that the sign does not exceed 100 square feet in total sign area and is unlighted, and 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 100 square feet in total sign area. Signs shall be placed so as not to impact a facing residential zone. Maximum height shall be 20 feet. Off-premises signs, including billboards, shall be prohibited within the Public Buildings and Parks Zone. J. 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 opening, going-out-of-business sale, or similar special sales event shall not exceed 100 square feet for a business, provided the temporary commercial event signs are removed within one day after the event and are not up for more than one month commencing at the date of installation and not up for more than three months in any calendar year, except that this section shall not allow the type of signs that are specifically prohibited by PAMC 14.36.080. K. A-frame signs. One A-frame sign shall be permitted per site as a freestanding sign. An A-frame sign shall be no larger than ten square feet per side with the top of the sign no higher than 44 inches nor lower than 30 inches from ground level and the width of the sign no greater than 32 inches. 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 Page 39 names the City as an insured on, the sign owner's insurance policy. A-frame signs shall not be located in a vision clearance area as described in PAMC 17.94.090. (Ord. 3329 § 2, 4/25/2008; Ord. 3179 § 1, 12/17,2004; Ord. 3126 § 1 (part), 11/15/2002; Ord. 2542 § 4, 7/30/1989; Ord. 2182 § 3, 12/15/1981; Ord. 2152 § 7, 7/1/1981) 14.36.080 - Prohibited signs. The following signs are prohibited: A. All signs illuminated by, or containing, blinking, flashing, intermittent, or moving lights and 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 the moving hands of a clock, as otherwise allowed under this chapter, shall not be prohibited, and provided further that this section shall not prohibit seasonal decorations. B. All roof-mounted signs, including any signs painted directly on the roof surface. C. Fluttering devices, except as permitted in PAMC 14.36.070.B.5, provided that such fluttering devices may be displayed to make notice of the opening of a business for a period not to exceed ten days, and provided further, that this section shall not prohibit seasonal decorations, festive banners, or other distinctive noncommercial displays affixed to light poles or other public standard by the City or nonprofit organizations. D. Billboards and other off-premise outdoor advertising signs, except in compliance with PAMC 14.36.070.B, G and H, provided that such signs shall not be directed toward, with the intention of being viewed from, any shoreline that is subject 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. H. All signs which no longer serve an ongoing business. I. All signs which have no permanent attachment to a building or the ground, including but not 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 provided further that A-frame signs as exempted in PAMC 14.36.050.J, or permitted in PAMC 14.36.070.K, and sandwich board signs as exempted in PAMC 14.36.050.N, are not prohibited. J. Projecting signs that project further than four and one-half feet from the building façade; provided that signs occurring under marquees or awnings shall be governed by the requirements for pedestrian signs in section 14.36.070.A.3. K. Banner signs in the CBD Zone. L. All signs not specifically addressed herein and contrary to the provisions of this chapter. (Ord. 3126 § 1 (part), 11/15/2002; Ord. 2542 § 5, 7/30/1989; Ord. 2182 § 4, 12/15/1981; Ord. 2152 § 7, 7/1/1981) 14.36.090 - Removal of prohibited and nonconforming signs. Page 40 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. Signs advertising a business no longer operating must be removed upon closure of the business. Signs advertising a product no longer being sold on the premises must be removed upon cessation of the sale of the product. A freestanding sign support structure that supported a sign that advertised a business no longer functioning shall be removed within one year of closure of the business. An extension of this time period may be requested by appeal to the Community and Economic Development Director. Such extension shall only be considered for conforming sign structures when use of the structure is imminent and/or retention is deemed to be valuable to the integrity of the site. Failure to remove a sign or freestanding support as required by this section is a violation of this chapter. In the event of such violation, the City shall have all rights and remedies available at law. In addition, and not in limitation of its rights and remedies otherwise available at law, the City, in its discretion, may remove the sign or cause it to be removed and place a lien against the property for the cost of such removal. C. Any sign which is of a type of sign permitted under PAMC 14.36.070, but which does not conform to the specific requirements for that type of sign, and which was legally erected before November 15, 2002, shall be classified as legal nonconforming and may remain in use. (Ord. 3515 § 1, 10/21/2014; Ord. 3389 § 2, 1/30/2010; Ord. 3126 § 1 (part), 11/15/2002; Ord. 2604 § 1, 7/14/1990; Ord. 2580 § 1, 4/25/1990; Ord. 2542 § 6, 7/30/1989; Ord. 2182 § 5, 12/14/1981; Ord. 2152 § 9, 7/1/1981) 14.36.095 - Maintenance. A. Signs shall be maintained to protect the public safety, present a well kept appearance, and prevent deterioration, such that the sign is maintained in its original condition. 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. D. Any sign which is not properly maintained may be subject to abatement as a nuisance. (Ord. 3478 § 4, 5/21/2013; Ord. 3126 § 1 (part), 11/15/2002) 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 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 Department of Community Development shall route the same to all appropriate Departments. Each Department shall submit to the Department of Community Development recommendations and comments regarding the application. The Department of Community Development shall prepare a report to the Board of Adjustment summarizing the factors involved, the recommendations of other Departments, and the Page 41 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 Department of Community 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 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 subsections 1. and 2. of this subsection F., as follows: 1. Every variance shall comply with at least one of the following criteria: a. The size of the building is such that the 20 percent 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 façade 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 façade 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. 3126 § 1 (part), 11/15/2002; Ord. 2152 § 10, 7/1/81) 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 less or of a sign, the notice shall be given either by personal service or by certified mail, return receipt requested, to the name of the owner or lessor, as shown on the application for a sign permit. If there 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, 7/1/1981) 14.36.120 - Enforcement. A. It shall be the duty of the Building Division to enforce all provisions of this chapter. B. No oversight or dereliction on the part of the Building 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 of this chapter. Any permit or license issued in violation of this chapter shall be null and void. Page 42 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 a public 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. 3126 § 1 (part), 11/15/2002; Ord. 2152 § 12, 7/1/1981) 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 $500.00, or 90 days in jail, or both such fine and imprisonment. Each day that a violation continues shall constitute a separate offense. (Ord. 2152 § 13, 7/1/1981.) CHAPTER 14.40 - OFF-STREET PARKING 14.40.010 - Purpose. The purpose of this chapter is to assure adequate provisions for public access are made in the development of new land use and in the change of use of an existing building. Off-street parking is only one of the provisions that needs to be considered to avoid significant adverse impacts on surrounding private properties and public infrastructure. This parking ordinance encourages transportation demand management to achieve low impact development as an alternative to off-street minimum parking requirements for each commercial, industrial, and public and institutional land use. The City recognizes that each business can have a variety of transportation strategies, facilities, and services instead of satisfying access solely by single occupant vehicles (SOV). Many businesses are unique and, therefore, can best determine the minimum parking requirements needed to serve their own needs. In residential zones, off- street parking is required for each dwelling unit to allow reduction in nonarterial street width standards. This parking ordinance encourages reduction in the impacts of increasing impervious surfaces on the costs for each development and on the environment from stormwater drainage. Reducing pollution from runoff and emissions serve community interests and should be balanced against requirements for more street and parking lot improvements. The City expects new developments to find less costly ways to meet transportation needs and does not want to require unneeded impervious surfaces. (Ord. 3161 § 1(part), 4/30/2004) 14.40.020 - Definitions. A. The following terms shall have the designated meanings for the purposes of this Chapter, unless the context indicates otherwise: 1. "Standard-car parking space" means 153144.5 square feet of parking lot area, eight feet six inches by 1817 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, Page 43 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 of the primary use of the property. 5. "Shall" means the statement is mandatory and ministerial, and the action so stated is required to be done without discretion by decision-makers. 6. "Should" means the statement ought to be done, but the action so stated is not required to be done by decision-makers who may use discretion where exceptions are warranted. 7. "Transportation demand management assessment" means an analysis of public access to a specific site for land use activities permitted under the Port Angeles Municipal Code and a City approved plan (including multi-modal services, public infrastructure improvements, and parking) that is sufficient to mitigate significant adverse impacts on surrounding private properties and public transportation facilities, consistent with the City's Comprehensive Plan and Urban Services Standards and Guidelines. The assessment may be done by the applicant or by an expert transportation professional when the applicant prefers or when determined to be necessary by the Community Development Director. 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. 3161 § 1 (part), 4/30/2004; Ord. 2787 § 1, 12/28/1993; Ord. 2568 § 1, 3/14/1990; Ord. 2228 § 1, 8/31/1982; Ord. 1588 § 1, 6/15/1966) 14.40.030 - Parking space requirements—Generally. For all land uses there shall be established and maintained permanent off-street parking spaces, either on the zoning lot of the use, or, if the affected property owners and the Community Development Director agree through the execution of an appropriate agreement and easement in a form acceptable to the City Attorney and if appropriate identification signage is provided, within 200 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 either by reference to the number of required parking spaces per Table A or by using one of the alternate methods in subsection C. of this section. B. If applicable, Sections 14.40.080 through 14.40.110 shall then be used to determine whether the number of spaces required by subsection A. of this section is modified. C. If Table A of subsection A. of this section is not used to determined the number of required parking spaces, one of the following alternate methods of determining the required parking for a particular development shall be used: 1. Determine the number of parking spaces required by a parking plan approved by the Planning Commission based on the number of employees and customers on-site during the peak hours of operation taking into consideration duration of parking use (i.e., turnover rate) and any reduction in single occupant vehicles due to a transportation demand management assessment prepared per Section 14.40.030.C.2.; or 2. Prepare a transportation demand management assessment that meets the approval of the Planning Commission per Section 14.40.050; or 3. Obtain Planning Commission approval of a parking variance per Section 14.40.130. Page 44 D. If the following criteria are satisfied, then the parking requirements of Table A of subsection A. above may be reduced accordingly. 1. Parking requirements may be reduced in direct ratio for each percentage point of access provided by nonsingle occupant vehicle. 2. Parking requirements may be reduced by ten percent if a bus stop or other mass transit facility is located within 500 feet of the project site. 3. Parking requirements may be reduced in direct ratio for each percentage point of parking provided by cooperative parking agreement per Section 14.40.080. 4. Parking requirements may be reduced by twenty-five percent to allow for incorporation of LID facilities into the parking lot design. E. The parking area shall comply with landscaping requirements for parking lots in accordance with PAMC Title 17. (Ord. 3161 § 1 (part), 4/30/2004; Ord. 3135 § 1, 2/24/2003; Ord. 2787 § 2, 12/28/1993; Ord. 2703 § 1, 8/14/1992; Ord. 2228 § 2, 8/31/1982; Ord. 1588 § 2, 6/15/1966) 14.40.040 - Parking space requirements for uses in a City approved parking and business improvement area. For any land uses located in a City approved 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 1,200 feet of the property boundaries (including public streets and alleys) of the zoning lot. The City encourages the formation of PBIAs throughout the City. A buffer of 1,200 feet shall be required between all PBIAs to prevent overlapping authorities and to allow PBIA parking lots outside a PBIA's boundaries similar to an individual land use. (Ord. 3161 § 1 (part), 4/30/2004; Ord. 2787 § 3, 12/28/1993; Ord. 2765 § 1, 6/25/1993) 14.40.050 - Transportation demand management assessment. A. As part of any land use review and/or building permit application with the City of Port Angeles, a transportation demand management assessment, which analyzes the off-street parking needs of the new development or the expansion of use in the existing building, may be conducted and shall require the approval of the Planning Commission, if parking for the use and/or building is not provided per Section 14.40.030.A. Table A or Section 14.40.030.C.1. B. Business and property owners within 300 feet of the subject site shall be notified of the transportation demand management assessment. A public comment period of 15 days shall be provided. (Ord. 3161 § 1 (part), 4/30/2004) 14.40.060 - 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 of the 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 14.40.070 of this chapter. (Ord. 3161 § 1 (part), 4/30/2004; Ord. 2228 § 9, 8/31/1982; Ord. 1588 § 9, 6/15/1966) Page 45 14.40.070 - Cooperative parking agreements. Parking facilities may be cooperatively used by different land uses, when the times of the use of such parking spaces by each use are not simultaneous. A cooperative parking agreement signed by all parties who share the parking facilities and approved by the Community Development Director shall be required that binds the parking facilities and the parties until the agreement is dissolved by all parties and approved by the Community Development Director. (Ord. 3161 § 1 (part), 4/30/2004; Ord. 2228 § 10, 8/31/1982; Ord. 2121 § 2, 2/1/1981; Ord. 1588 § 10, 6/15/1966) 14.40.080 - Parking space requirement modification—New uses in new structures. For any new use in a new building or structure, the required number of parking spaces shall be determined by the requirements of Sections 14.40.030 through 14.40.070. (Ord. 3161 § 1 (part), 4/30/2004; Ord. 2228 § 11, 8/31/1982; Ord. 2028 § 3, 6/17/1980; Ord. 1588 § 11, 6/15/1966) 14.40.090 - Parking space requirement modification—New uses in existing structures. A change of use in a building or structure that exists as of April 25, 2004, that does not change these classification of the existing building or structure may occur without provision of additional off-street parking spaces unless the floor area of the building or structure is increased. (Ord. No. 3478, § 5, 5-21-2013; Ord. 3161 § 1 (part), 4/30/2004; Ord. 2765, § 2, 6/25/1993; Ord. 2740 § 1, 1/29/1993; Ord. 2667 § 1, 1/17/1992; Ord. 2228 § 12, 8/31/1982; Ord. 2097 § 1, 8/19/1980; Ord. 2028 § 4, 6/17/1979; Ord. 1588 § 12, 6/15/1966) 14.40.100 - 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 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 115 percent of the spaces required for the expansion of the use or building. If the number of spaces required exceeds 115 percent, the required spaces in excess of 115 percent shall be established and maintained. (Ord. 3161 § 1 (part), 4/30/2004; Ord. 2228 § 13, 8/31/1982; Ord. 2028 § 5, 6/17/1979; Ord. 1588 § 13, 6/15/1966) 14.40.110 - 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 an expansion of use. Page 46 (Ord. 3161 § 1 (part), 4/30/2004; Ord. 2228 § 14, 8/31/1982; Ord. 2028 § 6, 6/17/1979; Ord. 1588 § 14, 6/15/1966) 14.40.120 - 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 permeable pavement with a structurally adequate base, portland cement concrete, asphaltic concrete with a structurally adequate base, or other hard-surface pavement acceptable to the Director of Public Works and Utilities. Pervious concrete shall be the preferred surface, if feasible. 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 and adjacent trees, landscaped areas, or low impact development facilities. The Director of Public Works and Utilities may allow for an exception to hard-surface pavement for developments in the Industrial Heavy Zone, provided that adverse impacts to stormwater drainage, surrounding properties, and public infrastructure are mitigated to the extent the Director deems reasonably necessary and appropriate. 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 a building 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 of the parking facilities. Before granting such temporary occupancy, the Director of Public Works and Utilities must determine that construction of the parking facilities prior to occupancy of the 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 12 months. During the period before final completion of the 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 12 months before compliance with subsection A.2. 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 12-month period, the parking facilities must be in compliance with subsection A.2. of this section, or a bond must have been provided and accepted in accordance with subsection B. of this section. (Ord. 3161 § 1 (part), 4/30/2004; Ord. 3135 § 2, 2/14/2003; Ord. 2787 § 6, 12/28/1993; Ord. 2740 § 2, 1/29/1993; Ord. 2228 § 15, 8/31/1982) 14.40.130 - Parking space requirements—Variances. A. A variance from the parking space requirements of this chapter, as specifically provided by sections 14.40.030 through 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 and to mitigate the effects of increased impervious surfaces. No variance shall be granted by the Planning Commission unless the Commission finds. Page 47 1. The variance is not detrimental to surrounding properties; 2. 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 this chapter, the zone 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 of the City of Port Angeles. C. The determination of the Planning Commission may be appealed to the City Council. (Ord. 3161 § 1 (part), 4/30/2004; Ord. 2787 § 7, 12/28/1993; Ord. 2740 § 3, 1/29/1993; Ord. 2228 § 16, 8/31/1982) 14.40.140 - 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 of this chapter. Compliance shall consist of either of the following: A. Proof of the existence of 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 Community Development Director and City Engineer. The site plan shall 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 extent 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. Proof that the applicant is subject to assessment in a City approved Parking and Business Improvement Area (PBIA) that provides off-street parking spaces within the PBIA. (Ord. 3389 § 3, 1/30/2010; Ord. 3161 § 1 (part), 4/30/2004; Ord. 2787 § 8, 12/28/1993; Ord. 2363 § 1, 12/4/1985; Ord. 2228 § 17, 8/31/1982) 14.40.150 - 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, without compliance with the requirements of this chapter. Parking spaces used by a land use to satisfy the requirements of the chapter shall only be used for the parking of vehicles of customers and other users of the building and the land use authorized by the building permit, except for parking provided under sections 14.40.040 and 14.40.070. (Ord. 3161 § 1 (part), 4/30/2004; Ord. 2228 § 18, 8/31/1982) 14.40.160 - Parking lot activity standards. All parking lot activities shall comply with the following standards: Page 48 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 ten percent of the 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 parking lot activity shall only be for a period not to exceed 30 consecutive days for private businesses and 60 consecutive 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. 3389 § 3, 1/30/2010; Ord. 3161 § 1 (part), 4/30/2004; Ord. 2568 § 2, 3/14/1990) 14.40.170 - Revocation of permit—Appeals. A. An occupancy 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 of the notice of revocation, 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 of the 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 hearing, 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. 3161 § 1 (part), 4/30/2004; Ord. 2228 § 19, 8/31/1982) 14.40.180 - Decisions of City staff or the Planning Commission—Appeals. A. Any person aggrieved by the decision of City staff or the Planning Commission may appeal the decision to the City Council. B. Appeals shall be submitted to the Department of Community Development in writing within 14 days following the date of the decision. C. The City Council shall conduct an open record hearing on the appeal of the City staff's decision or a closed record hearing on the appeal of the Planning Commission's decision in accordance with PAMC 18.02.120. The Council's decision shall be final unless appealed to Clallam County Superior Court in accordance with PAMC 18.02.130. (Ord. 3161 § 1 (part), 4/30/2004) Page 49 14.40.190 - 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 of the provisions of this chapter is committed, continued, or permitted. Each such offense shall be punishable by a maximum civil fine of $500.00. (Ord. 3161 § 1 (part), 4/30/2004; Ord. 2568 § 3, 3/14/1990; Ord. 2228 § 20, 8/31/1982) PARKING REQUIREMENT TABLE "A" LAND USE PARKING SPACE REQUIREMENT Automobile Services Automobile service and repair shops Three parking spaces plus one for each mechanical bay Automobile sales dealerships Two per employee Gas stations with convenience stores One parking space for each employee with a minimum of six parking spaces. Drive aisles must accommodate two cars per pump. Commercial Activities Banks, professional and business offices One parking space for each 400 square feet of floor area Bowling alleys Six Two and one half (2.5) parking spaces (minimum) to four (4) parking spaces (maximum) for each alley Furniture/appliance stores and laundries One parking space for each 600 square feet of floor area Night clubs and lounges One parking space for each 50 square feet of floor area Retail stores One parking space for each 300 square feet of floor area Skating rinks and other commercial recreational places One parking space for each 200 square feet of floor area Theaters One parking space for each three seats Music, dance, art, and other academies Eight parking spaces for each classroom Page 50 Food Service Activities Food/grocery stores One parking space for each 300 square feet of floor area Restaurants, taverns, and any other establishments for the sale and consumption of food, alcoholic beverages, or refreshments One parking space for each 125 square feet of floor area of the building Food and beverage establishments that do not have on-site seating One parking space for each employee and three per drive- up window Personal Services Barber, beauty shops, tanning salons, physical therapy, and similar services Two parking spaces per station (office area at one for each 400 square feet) Day care centers Two parking spaces plus one unloading space for those centers serving 12 or fewer children; One parking space per employee plus two parking spaces for unloading for centers of more than 12 children Laundromats One parking space per washing machine Medical Services Medical and dental offices Six parking spaces per doctor. When licensed practitioners are working in the medical office along with the doctor(s), two additional parking spaces are required for each independent practitioner/service provider. Hospitals As determined by the Planning Commission Research, dental, x-ray laboratories One parking space for each 200 square feet of floor area Residential and Lodging Uses Residential dwelling units Two parking spaces per dwelling unit Rooming and lodging uses One parking space for each sleeping unit Page 51 Nursing and convalescent homes, assisted living facilities, adult family homes, group homes, sanitariums One parking space for each three beds Public and Institutional Uses Libraries *One parking space for each 400 feet of floor area Museums One parking space for each 300 feet of floor area Schools: Junior colleges and technical schools Elementary schools Middle schools Preschools Senior high schools As determined by the Planning Commission One parking space for each classroom Three parking spaces for each classroom Ten parking spaces for each classroom Six parking spaces for each classroom Social clubs, lodges, fraternal organizations w/o fixed seating One parking space for each 50 square feet of floor area of the building Areas of assembly without fixed seating shall provide seating As determined by the Planning Commission Churches, stadiums, sports areas, and other such places of assembly with fixed seating One parking space for each three fixed seats Senior centers One parking space for every 135 square feet of floor area Industrial Uses Manufacturing uses One parking space for each three employees with a minimum of ten spaces Trucking and transportation terminals Minimum of ten spaces Wholesale stores, warehouses, storage buildings One parking space for each two employees with a minimum of ten parking spaces Page 52 Public and Quasi-Public Recreation Uses Parks and playgrounds As determined by the Planning Commission Public and private golf courses As determined by the Planning Commission Swimming pools Ten parking spaces for each 1,000 square feet of pool surface area Unspecified Uses If a use is not otherwise specifically mentioned in this section, the requirements for off-street parking facilities shall be the same as the requirements for the most similar use listed herein as determined by the Director of the Department of Community Development. Mixed Uses In the case of a mixture of uses on one lot or in one building, the total requirements for off-street parking facilities shall be the sum of the requirements for the various uses computed separately. Cooperative and Shared Parking Provisions Parking facilities may be cooperatively used by different land uses when the times of the uses are not simultaneous. Parking facilities may be shared when the times are not simultaneous through a parking agreement with the property owners and when the parking is located no further than 500 feet from the property requiring the parking. (Ord. No. 3441, § 2, 11-15-2011) Page 1 Title 15 - ENVIRONMENT CHAPTER 15.02 - DEFINITIONS 15.02.010 - Definitions. These definitions shall apply to Chapters 15.20, 15.24 and 15.28, additional definitions are located in individual chapters. A. Best available science. That scientific information applicable to the critical area prepared by local, state or federal natural resource agencies, a qualified scientific professional or team of qualified scientific professionals, that is consistent with criteria established in W AC 365-195-900 through WAC 365-195-925. B. Best management practices means conservation practices or systems of practices and management measures that: 1. Control soil loss and reduce water quality degradation caused by high concentrations of nutrients, animal waste, toxics, and sediment; 2. Minimize adverse impacts to surface water and ground water flow, circulation patterns, and to the chemical, physical, and biological characteristics of wetlands; 3. Protect trees and vegetation designated to be retained during and following site construction; and 4. Provide standards for proper use of chemical herbicides within critical areas. C. Critical habitat means habitat necessary for the survival of endangered, threatened, rare, sensitive, or monitor species as identified under the Endangered Species Act. D. Development means any activity upon the land consisting of construction or alteration of structures, earth movement, dredging, dumping, grading, filling, driving of piles, drilling operations, bulkheading, clearing of vegetation, or other land disturbance. Development includes the storage or use of equipment or materials inconsistent with the existing use. Development also includes approvals issued by the City that binds land to specific patterns of use, including zoning changes, conditional use permits, and binding site plans. Development activity does not include the following activities: 1. Interior building improvements. 2. Exterior structure maintenance activities, including painting and roofing. 3. Routine landscape maintenance of established, ornamental landscaping, such as lawn mowing, pruning and weeding. 4. Maintenance of the following existing facilities that does not expand the affected areas: individual utility service connections; and individual cemetery plots in established and approved cemeteries. E. Engineer means a professional civil engineer, licensed by and in good standing in the State of Washington. F. Erosion means the wearing away of the land or ground surface by the action of wind, water, ice, gravity, or any combination thereof. G. Exotic means any species of plant or animal that are not native to the area. Page 2 H. Frequently flooded areas means lands in the floodplain subject to a one percent or greater chance of flooding in any given year (the 100-year storm flood). These areas include but are not limited to streams, rivers, lakes, coastal areas, wetlands, and the like. I. Historic condition means the condition of the land, including flora, fauna, soil, topography, and hydrology that existed before the area and vicinity were developed or altered by human activity. J. Hydraulic project approval (HPA) means a permit issued by the state Department of Fish and Wildlife for modifications to waters of the state in accordance with Chapter 75.20 RCW. K. Indigenous means any species of plant or animal native to an area. Not introduced. L. Infiltration means the downward entry of water into the immediate surface of soil. M. :Joint aquatic resource permits application (JARPA)" means a single application form that may be used to apply for hydraulic project approvals, shoreline management permits, Department of Natural Resources use authorization, and Army Corps of Engineers permits. N. Land-disturbing activity means any use of the land that results in: 1. Change in the natural cover or topography that exposes soils or 2. May cause or contribute to erosion or sedimentation. This does not include nondestructive vegetation trimming. O. Marine bluffs means coastal features that resulted from wave erosion undercutting uplands located adjacent to the shoreline, creating vertical cliffs that are an important source of sediment for coastal drift processes and/or the landforms created by these processes. P. Native means any species of plants or animals that are indigenous to the area. Q. Nondestructive vegetation trimming means the trimming, or pruning of trees, shrubs, or plants, that does not harm the continued life and health of the plant; R. Priority habitats means habitat types or elements with unique or significant value to one or more species as classified by the Department of Fish and Wildlife. A priority habitat may consist of a unique vegetation type or dominant species, a described successional stage, or a specific structural element. (WAC 173-26-020(34). S. Puget Sound means all salt waters of the State of Washington inside the international boundary line between the State of Washington and the Province of British Columbia, lying east of 123 degrees, 24 minutes west longitude and includes the Strait of Juan de Fuca. T. Qualified professional means a person with experience and training in the applicable critical area. A qualified professional must have obtained a B.S. or B.A. or equivalent degree in biology, engineering, environmental studies, fisheries, geomorphology, or related field and two years of related professional work experience. 1. A qualified professional for habitats or wetlands must have a degree in biology, marine biology, wetland biology, habitat ecology. 2. A qualified professional for a geological hazard must be a professional civil engineer or geologist, licensed in the State of Washington. 3. A qualified professional for tree maintenance and tree pruning must be an arborist certified by the International Society of Arboriculture. U. Topping or tree topping means the indiscriminate cutting back of tree branches to stubs or lateral branches that are not large enough to assume the terminal role and is harmful to the life and health of the plant. V. Viewshed enhancement means the removal or thinning of trees or vegetation to enhance a view when proposed in ravine and marine bluff buffers so long as such alterations will not: Page 3 1. Increase geological hazards such as erosion potential, landslide potential, or seismic hazard potential; 2. Adversely affect significant fish and wildlife habitat areas; 3. Through thinning, remove more than 30 percent of the live branches of a tree; 4. Include felling, topping, or removal of trees in critical areas. Viewshed enhancement does not include nondestructive trimming of vegetation as defined in this title. (Ord. 3179 § 2, 12/17/2004) CHAPTER 15.04 - ENVIRONMENTAL POLICY 15.04.010 - State Environmental Policy Act adopted. The City adopts by reference the policies of the State Environmental Policy Act as expressed in RCW 43.21C.010 and RCW 43.21C.020. (Ord. 2312 § 1, 10/1/1984; Ord. 1886 § 1, 7/15/1976.) 15.04.020 - SEPA rules adopted. The City adopts by reference the sections or subsections of Chapter 197-11 of the Washington Administrative Code (the "SEPA Rules" adopted by the State Council on Environmental Policy) that are specifically identified herein. (Ord. 2312 § 1, 10/1/1984; Ord. 1980 § 1, 7/29/1978; Ord. 1886 § 2, 7/15/1976.) 15.04.030 - General requirements. This part contains the basic requirements that apply to the SEPA process. The City adopts the following sections of Chapter 197-11 of the Washington Administrative Code by reference: WAC 197-11 - 040 Definitions -050 Lead agency -055 Timing of the SEPA process -060 Content of environmental review -070 Limitations on actions during SEPA process -080 Incomplete or unavailable information -090 Supporting documents -100 Information required of applicants. -158 Reliance on existing plans, laws, and regulations. Page 4 -164 Planned actions - Definitions and criteria. -168 Ordinances or resolutions designating planned actions - Procedures for adoption -172 Planned actions - Project review. -908 Critical areas. (Ord. 3111 § 2, 3/15/2002; Ord. 2977 § 3 (part), 12/26/1997; Ord. 2312 § 1, 10/1/1984.) 15.04.035 - Integrated project review. A. In reviewing a project action, the City may determine that the requirements for environmental analysis, protection, and mitigation measures in the City's development regulations and Comprehensive Plan adopted under Chapter 36.70A RCW, and in other applicable laws and rules, provide adequate analysis of and mitigation for the specific adverse environmental impacts of the project action to which the requirements apply, provided that the following requirements are met: 1. In the course of project review, including any required environmental analysis, the City considers the specific probable adverse environmental impacts of the proposed action and determines that these specific impacts are adequately addressed by the development regulations or other applicable requirements of the Comprehensive Plan, or other rules or laws; and 2. The City bases or conditions its approval on compliance with these requirements or mitigation measures. B. If the City's Comprehensive Plan and development regulations adequately address a project's probable specific adverse environmental impacts, as determined under subsection A. of this section, the City shall not impose additional mitigation under this chapter during project review. Project review shall be integrated with environmental analysis under this chapter. C. The Comprehensive Plan or development regulation shall be considered to adequately address an impact if the City, through the planning and environmental review process under Chapter 36.70A RCW and this chapter, has identified the specific adverse environ-mental impacts and: 1. The impacts have been avoided or otherwise mitigated; or 2. The City Council has designated as acceptable certain levels of service, land use designations, development standards, or other land use planning required or allowed by Chapter 36.70A RCW. D. In deciding whether a specific adverse environmental impact has been addressed by an existing rule or law of another agency with jurisdiction with environmental expertise with regard to a specific environmental impact, the City shall consult orally or in writing with that agency and may expressly defer to that agency. In making this deferral, the City shall base or condition its project approval on compliance with these other existing rules or laws. E. Nothing in this section limits the City's authority in its review or mitigation of a project to adopt or otherwise rely on environmental analyses and requirements under other laws, as provided by this chapter and the State Environmental Policy Act, Chapter 43.21C RCW. F. A planned action, as defined in this subsection, does not require a threshold determination or the preparation of an environmental impact statement under this chapter, but is subject to environmental review and mitigation as provided in this chapter. For purposes of this subsection, a "planned action" means one or more types of project action that: 1. Are designated planned actions by an ordinance or resolution adopted by the City Council; 2. Have had the significant impacts adequately addressed in an environmental impact statement prepared in conjunction with the Comprehensive Plan; 3. Are not essential public facilities as defined in RCW 36.70A.200; and Page 5 4. Are consistent with the Comprehensive Plan. (Ord. 2911 § 8, 3/29/1996) 15.04.040 - Threshold determinations. This part contains the rules for deciding whether a proposal has a "probable significant, adverse environmental impact" requiring an environmental impact statement (EIS) to be prepared. This part also contains rules for evaluating the impacts of proposals not requiring an EIS. The City adopts the following sections by reference: WAC 197-11-300 Purpose of this part -305 Categorical exemptions -310 Threshold determination required -315 Environmental checklist -330 Threshold determination process -335 Additional information -340 Determination of nonsignificance (DNS) -350 Mitigated DNS -355 Optional DNS process -360 Determination of significance (DS)/initiation of scoping -390 Effect of threshold determination. (Ord. 2977 § 3 (part), 12/26/1997; Ord. 2312 § 1, 10/1/1984) 15.04.045 - Timing of threshold determinations. A. Within 30 days of receipt of an application for a proposal and a SEPA checklist, the Responsible Official shall either issue a threshold determination, respond to the applicant with a notification of completeness, or request in writing any additional information necessary to complete the proposal application and the SEPA checklist so that the environmental effects can be meaningfully evaluated. The request for additional information may include the following: 1. Information describing the proposal as set forth in WAC 197-11-055, 060, or 784 or any other provisions of Ch. 197-11 WAC or Ch. 43.21C RCW; 2. Information completing the SEPA checklist as set forth in WAC 197-11-960 or any other provision of Ch. 197-11 WAC or Ch. 43.21C RCW; 3. Any additional information required pursuant to WAC 197-11-335 or 350 or any other provisions of Ch. 197-11 WAC or Ch. 43.21C RCW; or 4. Any additional information reasonably related to determining if there may be significant adverse impacts from the proposal. B. The responsible official shall issue a threshold determination on a completed application no later than 90 days after the application for a proposal, the SEPA checklist, and any necessary supporting documentation are complete. Page 6 C. The applicant may request an additional 30 days for the threshold determination in order for the responsible official to evaluate mitigation measures proposed by the applicant. The responsible official shall grant such extension, if requested. (Ord. 2708 § 1, 9/11/1992.) 15.04.050 - Environmental impact statement (EIS). This part contains the rules for preparing environmental impact statements. The City adopts the following sections by reference: WAC 197-11 -400 Purpose of EIS -402 General requirements -405 EIS types -406 EIS timing -408 Scoping. (Ord. 2312 § 1, 10/1/1984) 15.04.060 - Commenting. This part contains rules for consulting, commenting, and responding on all environmental documents under SEPA, including rules for public notice and hearings. The City adopts the following sections by reference: WAC 197-11-500 Purpose of this part -502 Inviting comment -504 Availability and cost of environmental documents -508 SEPA register -535 Public hearings and meetings -545 Effect of no comment -550 Specificity of comments -560 FEIS response to comments -570 Consulted agency costs to assist lead agency. (Ord. 2312 § 1, 10/1/1984) 15.04.070 - Using existing environmental documents. This part contains rules for using and supplementing existing environmental documents prepared under SEPA or National Environmental Policy Act (NEPA) for the City's own environmental compliance. The City adopts the following sections by reference: WAC 197-11 -600 When to use existing environmental documents Page 7 -610 Use of NEPA documents -620 Supplemental environmental impact statement - Procedures -625 Addenda - Procedures -630 Adoption - Procedures -635 Incorporation by reference - Procedures -640 Combining documents. (Ord. 2312 § 1, 10/1/1984) 15.04.080 - SEPA and agency decisions. This part contains rules (and policies) for SEPA's substantive authority, such as decisions to mitigate or reject proposals as a result of SEPA. This part also contains procedures for appealing SEPA determinations to agencies or the courts. The City adopts the following sections by reference: WAC 197-11 -650 Purpose of this part -655 Implementation -660 Substantive authority and mitigation -680 Appeals. (Ord. 2312 § 1, 10/1/1984) 15.04.090 - Definitions. This part contains uniform usage and definitions of terms under SEPA. The City adopts the following sections by reference, as supplemented by WAC 173-806-040: WAC 197-11 -700 Definitions -702 Act -704 Action -706 Addendum -708 Adoption -710 Affected tribe -712 Affecting -714 Agency -716 Applicant -718 Built environment -720 Categorical exemption Page 8 -721 Closed record appeal -722 Consolidated appeal -724 Consolidated appeal -726 Cost-benefit analysis -728 County/City -730 Decision maker -732 Department -734 Determination of nonsignificance (DNS) -736 Determination of significance (DS) -738 EIS -740 Environment -742 Environmental checklist -744 Environmental document -746 Environmental review -748 Environmentally sensitive area -750 Expanded scoping -752 Impacts -754 Incorporation by reference -756 Lands covered by water -758 Lead agency -760 License -762 Local agency -764 Major action -766 Mitigated DNS -768 Mitigation -770 Natural environment -772 NEPA -774 Nonproject -776 Phased review -778 Preparation Page 9 -780 Private project -782 Probable -784 Proposal -786 Reasonable alternative -788 Responsible official -790 SEPA -792 Scope -793 Scoping -794 Significant -796 State agency -797 Threshold determination -799 Underlying governmental action. (Ord. 2977 § 3 (part), 12/26/1997; Ord. 2312 § 1, 10/1/1984) 15.04.100 - Categorical exemptions. The City adopts by reference the following rules for categorical exemptions, as supplemented in the ordinance codified herein: WAC 197-11 -800 Categorical exemptions -880 Emergencies -890 Petitioning DOE to change exemptions. (Ord. 2312 § 1, 10/1/1984) 15.04.110 - Agency compliance. This part contains rules for agency compliance with SEPA, including rules for charging fees under the SEPA process, designating environmentally sensitive areas, listing agencies with environmental expertise, selecting the lead agency, and applying these rules to current agency activities. The City adopts the following sections by reference: WAC 197-11 -900 Purpose of this part -902 Agency SEPA policies -916 Application to ongoing actions -920 Agencies with environmental expertise -922 Lead agency rules Page 10 -924 Determining the lead agency -926 Lead agency for governmental proposals -928 Lead agency for public and private proposals -930 Lead agency for private projects with one agency with jurisdiction -932 Lead agency for private projects requiring licenses from more than one agency, when one of the agencies is a County/City -934 Lead agency for private projects requiring licenses from a local agency, not a County/City and one or more state agencies -936 Lead agency for private projects requiring licenses from more than one state agency -938 Lead agencies for specific proposals -940 Transfer of lead agency status to a state agency -942 Agreements on lead agency step -944 Agreements on division of lead agency duties. (Ord. 2312 § 1, 10/1/1984.) 15.04.120 - Forms. The City adopts the following forms and sections by reference: WAC 197-11 -960 Environmental checklist -965 Adoption notice -970 Determination of nonsignificance (DNS) -980 Determination of significance and scoping notice (DS) -985 Notice of assumption of lead agency status -990 Notice of action. (Ord. 2312 § 1, 10/1/1984.) 15.04.130 - Additional definitions. In addition to those definitions contained within WAC 197-11-040, the following terms shall have the following meanings, unless the context indicates otherwise: A. "Department" means any division, subdivision or organizational unit of the City established by ordinance, rule, or order. B. "SEPA rules" means Chapter 197-11 WAC adopted by the Council on Environmental Policy and amended by the Department of Ecology. Page 11 C. "Early notice" means the City's response to an applicant stating whether it considers issuance of a determination of significance likely for the applicant's proposal (mitigated determination of nonsignificance (DNS) procedures). (Ord. 2312 § 1, 10/1/1984.) 15.04.140 - Environmentally sensitive areas. A. The map filed under City Clerk File No. 0.84 and amendments thereto, which is adopted by reference, designates the location of the environmentally sensitive areas within the City. B. Major actions which will be located wholly or partially within an environmentally sensitive area are to be treated no differently than other major actions under these guidelines. A threshold determination shall be made for all such actions, and an EIS shall not be automatically required for a proposal merely because it is proposed for location in an environmentally sensitive area. C. The following categorical exemptions shall not apply within environmentally sensitive areas: Subsections (1), (2)(a) through (h), (3), (5), (6)(a), (14)(c), (24)(a) through (g), and (25)(d), (f), (h), (I), of WAC 197-11-800. (Ord. 2594 § 1, 6/27/1990; Ord. 2312 § 1, 10/1/1984; Ord. 1980 § 3, 7/29/1978; Ord. 1886, 7/15/1976.) 15.04.150 - Lead agency determination and responsibilities. A. When the City receives or initiates a proposal, any portion of which involves a major action, the responsible official shall determine the lead agency for that proposal pursuant to the criteria set forth in WAC 197-11-050 and 197-11-922 through 197-11-940. This determination shall be made for each proposal involving a major action unless the lead agency has been previously determined, or the responsible official is aware that another agency is in the process of determining the lead agency. Note: A lead agency must be an agency with jurisdiction. B. In those instances in which the City is the lead agency, the responsible official of the City shall supervise compliance with the threshold determination, and if an EIS is necessary, shall supervise preparation of the draft and final EIS. C. In those instances in which the City is not the lead agency for a proposal, all departments of the City shall utilize and consider as appropriate either the declaration of nonsignificance or the final EIS of the lead agency in conjunction with the decisions of the City on the proposal. In such instances, no City department shall prepare or require preparation of a declaration of nonsignificance or EIS in addition to that prepared by the lead agency. D. In the event that the City or any department thereof receives a lead agency determination made by another agency, which does not appear to be in accord with the criteria of WAC 197-11-922 through 197-11-940, it may object thereto. Any such objection must be made and resolved within 15 days of receipt of the determination, or the City must petition the Department of Ecology for a lead agency determination pursuant to WAC 197-11-946 within the 15-day time period. Any such petition on behalf of the City shall be initiated by the City Manager. E. Departments of the City are authorized to make agreements as to lead agency status pursuant to WAC 197-11-942 and WAC 197-11-944; provided, that any such agreement involving assumption of lead agency status by the City will first be approved by the responsible official for the City, and, that any department which will incur responsibilities as a result of any such agreement will approve the agreement. Page 12 F. Any Department making a lead agency determination for a private project shall require sufficient information from the applicant to ascertain which other agencies have jurisdiction over the proposal. (Ord. 2312 § 1, 10/1/1984; Ord. 1980 § 4, 7/29/1978; Ord. 1886 § 5, 7/15/1976.) 15.04.160 - Use of exemptions. A. When the City receives an application for a license or, in the case of governmental proposals, a department initiates a proposal, the responsible official shall determine whether the license and/or the proposal is exempt. The responsible official's determination that the proposal is exempt shall be final and not subject to administrative review. If a proposal is exempt, none of the procedural requirements of this chapter apply to the proposal. The City shall not require completion of an environmental checklist for an exempt proposal. B. In determining whether or not a proposal is exempt, the responsible official shall make certain the proposal is properly defined and shall identify the governmental licenses required (WAC 197-11-060). If a proposal includes exempt and nonexempt actions, the responsible official shall determine the lead agency, even if the license application that triggers the department consideration is exempt. C. If a proposal includes both exempt and non-exempt actions, the City may authorize exempt actions prior to compliance with the procedural requirements of this chapter as set forth in WAC 197-11-070. A department may withhold approval of an exempt action that would lead to modification of the physical environment, when such modification would serve no purpose if non-exempt actions were not approved; and a department may withhold approval of exempt actions that would lead to substantial financial expenditures by a private applicant when the expenditures would serve no purpose if nonexempt actions were not approved. (Ord. 2312 § 1, 10/1/1984.) 15.04.170 - Use of environmental checklist. A. A completed environmental checklist (or a copy), in the form provided in WAC 197-11-960, shall be filed at the same time as an application for a permit, license certificate or other approval not specifically exempted in this chapter; except, a checklist is not needed if the City and applicant agree an EIS is required, SEPA compliance has been completed, or SEPA compliance has been initiated by another agency. The City shall use the environmental checklist to determine the lead agency and, if the City is the lead agency, for determining the responsible official and for making the threshold determination. B. For private proposals, the City will require the applicant to complete the environmental checklist, providing assistance as necessary. For City proposals, the Department initiating the proposal shall complete the environmental checklist for that proposal. C. The City may require that it, and not the private applicant, will complete all or part of the environmental checklist for a private proposal, if either of the following occurs: 1. The City has technical information on a question or questions that is unavailable to the private applicant; or 2. The applicant has provided inaccurate information on previous proposals or on proposals currently under consideration. (Ord. 2312 § 1, 10/1/1984.) 15.04.180 - Use of mitigated DNS. Page 13 A. As provided in this section and in WAC 197-11-350, the responsible official may issue a DNS based on conditions attached to the proposal by the responsible official or on changes to, or clarifications of, the proposal made by the applicant. B. An applicant may request in writing early notice of whether an EIS is likely under WAC 197-11-350. The request must: 1. Follow submission of a permit application and environmental checklist for a nonexempt proposal for which the Department is lead agency; and 2. Precede the City's actual threshold determination for the proposal. C. The Responsible Official should respond to the request for early notice within 14 working days. The response shall: 1. Be written; 2. State whether the City currently considers issuance of a DS likely and, if so, indicate the general or specific areas of concern that are leading the City to consider a DS; and 3. State that the applicant may change or clarify the proposal to mitigate the indicated impacts, revising the environmental checklist and/or permit application as necessary to reflect the changes or clarifications. D. As much as possible, the City should assist the applicant with identification of impacts to the extent necessary to formulate mitigation measures. E. When an applicant submits a changed or clarified proposal, along with a revised or amended environmental checklist, the City shall base its threshold determination on the changed or clarified proposal and should make the determination within 15 days of receiving the changed or clarified proposal: 1. If the City indicated specific mitigation measures in its response to the request for early notice, and the applicant changed or clarified the proposal to include those specific mitigation measures, the City shall issue and circulate a DNS under WAC 197-11-340(2). 2. If the City indicated areas of concern, but did not indicate specific mitigation measures that would allow it to issue a DNS, the City shall make the threshold determination, issuing a DNS or DS as appropriate. 3. The applicant's proposed mitigation measures (clarifications, changes or conditions) must be in writing and must be specific. For example, proposals to "control noise" or "prevent stormwater runoff" are inadequate, whereas proposals to "muffle machinery to X decibel" or "construct 200- foot stormwater retention pond at Y location" are adequate. 4. Mitigation measures which justify issuance of a mitigated DNS may be incorporated in the DNS by reference to agency staff reports, studies or other documents. F. A mitigated DNS is issued under WAC 197-11-340(2), requiring a 14-day comment period and public notice. G. Mitigation measures incorporated in the mitigated DNS shall be deemed conditions of approval of the permit decision and may be enforced in the same manner as any term or condition of the permit, or enforced in any manner specifically prescribed by the City. H. If the City's tentative decision on a permit or approval does not include mitigation measures that were incorporated in a mitigated DNS for the proposal, the City should evaluate the threshold determination to assure consistency with WAC 197-11-340(3)(a) (withdrawal of DNS). I. The City's written response under subsection B. of this section shall not be construed as a determination of significance. In addition, preliminary discussion of clarifications or changes to a proposal, as opposed to a written request for early notice, shall not bind the City to consider the clarifications or changes in its threshold determination. Page 14 (Ord. 3071, § 1, (part), 12/15/2000; Ord. 2312 § 1, 10/1/1984.) 15.04.190 - Additional timing considerations. A. For nonexempt proposals the DNS or final EIS for the proposal shall accompany the City's staff recommendation to the Planning Commission or similar advisory body. B. If the City's only action on a proposal is a decision on a building permit or other license that requires detailed project plans and specifications, the applicant may request in writing that the City conduct environmental review prior to submission of the detailed plans and specifications. (Ord. 2312 § 1, 10/1/1984.) 15.04.200 - Preparation of EIS. A. The draft and final EIS shall be prepared either by the responsible official or his designee, or by a private applicant or a consultant retained by the private applicant. In the event the responsible official determines that the applicant will be required to prepare an EIS, the applicant shall be so notified immediately after completion of the threshold determination. The responsible official shall also notify the applicant of the City's procedure for EIS preparation including approval of the DEIS and FEIS prior to distribution. B. In the event that an EIS is to be prepared by a private applicant or a consultant retained by the private applicant, the responsible official shall assure that the EIS is prepared in a responsible manner and with appropriate methodology. The responsible official shall direct the areas of research and examination to be undertaken, as well as the organization of the resulting document. C. The responsible official may require a private applicant to provide data and information which is not in the possession of the City relevant to any or all areas to be covered by the EIS. However, the applicant is not required to supply information that is not required under this chapter or that is being requested from another agency. (This does not apply to information the City may request under another ordinance or statute.) D. No matter who participates in the preparation of an EIS, it must be approved by the responsible official prior to distribution. E. In all occasions of EIS preparation, the applicant is encouraged to provide information to the responsible official. (Ord. 2312 § 1, 10/1/1984; Ord. 1886 § 7, 7/15/1976.) 15.04.210 - Additional elements to be covered in an EIS. A. The following additional elements are part of the environment for the purpose of EIS content, but do not add to the criteria for threshold determinations or perform any other function or purpose under this chapter or subject the EIS to adequacy analysis on said elements: 1. Economy; 2. Social policy analysis. B. These sections may be covered in an EIS upon a determination by the responsible official based upon information presented in the proposal, permit application, environmental checklist, and the City's economic checklist. (Ord. 2312 § 1, 10/1/1984.) Page 15 15.04.220 - Designation of official to perform consulted agency responsibilities for the City. A. The City Manager shall be responsible for the preparation of the written comments for the City in response to a consultation request prior to a threshold determination, participation in pre-draft consultation, or reviewing a draft EIS. B. The City Manager shall be responsible for compliance by the City with WAC 197-11-550 wherever the City is a consulted agency, and he is authorized to develop operating procedures which will ensure that responses to consultation requests are prepared in a timely fashion and include data from all appropriate Departments of the City. (Ord. 2312 § 1, 10/1/1984; Ord. 1886 § 8, 7/15/1976.) 15.04.230 - Designation of responsible official. A. For those proposals for which the City is the lead agency, the responsible official shall be the City Manager or his designee. B. The responsible official shall make the threshold determination, supervise scoping and preparation of any required EIS, and perform any other functions assigned to the lead agency or Responsible Official by those sections of the SEPA Rules which are adopted by reference in this chapter for all proposals for which the City is the lead agency. (Ord. 2312 § 1, 10/1/1984; Ord. 1980 § 5,7/29/1978; Ord. 1886 § 8, 7/15/1976.) 15.04.240 - SEPA public information. All documents required by the SEPA Rules (Chapter 197-11 WAC) shall be retained by the City and made available in accordance with Chapter 42.17 RCW (Washington State Open Government Act). (Ord. 2312 § 1, 10/1/1984; Ord. 1980 § 7, 7/29/1978.) 15.04.250 - Fees. The following fees shall be required for actions by the City in accordance with the provisions of this chapter. A. Threshold determination. For every environmental assessment to be performed by the City when the City is lead agency, a fee in the amount established by ordinance and codified in Chapter 3.70 PAMC, shall be required of the proponent of the proposal. This fee shall be collected prior to undertaking the threshold determination, and the time periods provided by this chapter for making a threshold determination shall not begin to run until payment of the fee. B. Environmental impact statements. 1. For all proposals requiring an EIS for which the City is the lead agency and for which the responsible official determines that the EIS shall be prepared by employees of the City, the City may charge and collect a reasonable fee from any applicant to cover costs incurred by the City in the preparation of an EIS. If it is determined that an EIS is required, applicants shall be advised of and shall post bond or otherwise insure payment of such costs. 2. The responsible official may determine that the City will contract directly with a consultant for preparation of environmental documents for activities initiated by some persons or entity other than the City and may bill such costs and expenses directly to the applicant. Such consultants shall be selected by mutual agreement of the City and applicant after a call for Page 16 proposals. Applicants may be required to post bond or otherwise insure payment of such costs. 3. In the event that a proposal is modified so that an EIS is no longer required, the responsible official shall refund any costs collected under divisions 1. and 2. of this subsection which were collected for costs not incurred. C. No fee shall be collected by the City for performing its duties as a consulted agency. D. The City may charge any person for copies of any document prepared pursuant to the requirements of this chapter, and for mailing thereof, in a manner provided by Chapter 42.17 RCW. E. The City may collect a reasonable fee from an applicant to cover the cost of meeting the public notice requirements of this chapter relating to the applicant's proposal. (Ord. 2789 § 9, 1/1/1994; Ord. 2312 § 1, 10/1/1984; Ord. 1980 § 8, 7/29/1978; Ord. 1886 § 10, 7/15/1976.) 15.04.260 - Authority to deny or condition action to mitigate or prevent adverse environmental impact. A. The City shall have the authority to deny or condition an action so as to mitigate or prevent adverse environmental impacts. This authority applies to all City activities, including actions as defined in this chapter, whether or not such activities are considered to be ministerial in nature. B. The policies and goals set forth in this chapter are supplementary to those in the existing authorization of the City of Port Angeles. C. The City may attach conditions to a permit or approval for a proposal so long as: 1. Such conditions are necessary to mitigate specific probable adverse environmental impacts identified in environmental documents prepared pursuant to this chapter; and 2. Such conditions are in writing; and 3. The mitigation measures included in such conditions are reasonable and capable of being accomplished; and 4. The City has considered whether other local, State or Federal mitigation measures applied to the proposal are sufficient to mitigate the identified impacts; and 5. Such conditions are based on one or more policies in subsection E. of this section and cited in the license or other decision document. D. The City may deny a permit or approval for a proposal on the basis of SEPA so long as: 1. A finding is made that approving the proposal would result in probable significant adverse environmental impacts that are identified in a FEIS or final SEIS prepared pursuant to this chapter; and 2. A finding is made that there are no reasonable mitigation measures capable of being accomplished that are sufficient to mitigate the identified impact; and 3. The denial is based on one or more policies identified in subsection E. of this section and identified in writing in the decision document. E. The City designates and adopts by reference the following policies as the basis for the City's exercise of authority pursuant to this section: 1. The City shall use all practicable means, consistent with other essential considerations of State policy, to improve and coordinate plans, functions, programs, and resources to the end that the State and its citizens may: Page 17 a. Fulfill the responsibilities of each generation as trustee of the environment for succeeding generations; b. Assure for all people of Washington safe, healthful, productive, and aesthetically and culturally pleasing surroundings; c. Attain the widest range of beneficial uses of the environment without degradation, risk to health or safety, or other undesirable and unintended consequences; d. Preserve important historical, cultural, and natural aspects of our national heritage; e. Maintain, wherever possible, an environment which supports diversity and variety of individual choice; f. Achieve a balance between population and resource use which will permit high standards of living and a wide sharing of life's amenities; and g. Enhance the quality of renewable resources and approach the maximum attainable recycling of depletable resources. 2. The City recognizes that each person has a fundamental and inalienable right to a healthful environment and that each person has a responsibility to contribute to the preservation and enhancement of the environment. 3. The City adopts by reference the policies in the following City codes, ordinances, resolutions, plans guidelines and regulations: a. The City Comprehensive Plan (Ordinance No. 1885, as amended); b. The City Zoning Ordinance (Ordinance No. 1709, as amended); c. The City Subdivision Regulations (Ordinance No. 1631, as amended); d. The Shoreline Master Program (Ordinance No. 2033, as amended); e. The City Environmental Policy Act (PAMC 15.04); f. The regulations of the Olympic Air Pollution Control Authority, as amended; g. The City's Clearing and Grading, Wetlands Protection, Environmentally Sensit ive Areas Protection, Noise Control, and Flood Damage Protection Ordinances, all as codified in Title 15 PAMC and as amended; h. Any other policies of the City which have been incorporated into resolutions, regulations, ordinances, plans or codes. C. Any conditional approval or denial of a proposal by the responsible official which does not require approval by the City Council may be appealed to the City Council by filing a written notice with the City Clerk within ten days following the date of decision by the responsible official. At its next regularly scheduled meeting, the City Council shall set the date for a public hearing, notice of which shall be published in a newspaper of general circulation at least ten days prior to said hearing. Review by the City Council shall be on a de novo basis, in accordance with requirements of section 15.04.280.B., C. and D. After the public hearing, the Council shall affirm the decision of the responsible official, reverse the decision, modify the decision, or remand the decision in light of facts not previously available to the responsible official. (Ord. 2847, 12/30/1994; Ord. 2312 § 1, 10/1/1984; Ord. 2099 § 1, 9/15/1980; Ord. 1886 § 11, 7/15/1976.) 15.04.270 - Public notice. A. Whenever the City of Port Angeles issues a DNS under WAC 197-11-340(2) or a DS under WAC 197- 11-360(3) the City shall give public notice as follows: Page 18 1. If public notice is required for a non-exempt license, the notice shall state whether a DS or DNS has been issued and when comments are due. 2. If no public notice is required for the permit or approval, the City shall give notice of the DNS or DS by: a. Posting the property, for site-specific proposals; b. Publishing notice in a newspaper of general circulation in the County, City, or general area where the proposal is located. 3. Whenever the City issues a DS under WAC 197-11-360(3), the City shall state the scoping procedure for the proposal in the DS as required in WAC 197-11-408 and in the public notice. B. Whenever the City issues a DEIS under WAC 197-11-455(5) or a SEIS under WAC 197-11-620, notice of the availability of those documents shall be given by: 1. Indicating the availability of the DEIS in any public notice required for a nonexempt license; and 2. Posting the property, for site-specific proposals; 3. Publishing notice in a newspaper of general circulation in the County, City, or general area where the proposal is located. C. Whenever possible, the City shall integrate the public notice required under this Section with existing notice procedures for the City's nonexempt permits or approvals required for the proposal. D. The City may require an applicant to complete the public notice requirements for the applicant's proposal at his or her expense. (Ord. 2312 § 1, 10/1/1984.) 15.04.280 - Appeals. The City of Port Angeles establishes the following administrative appeal procedures under RCW 43.21C.075 and WAC 197-11-680: A. Any agency or person aggrieved by an action of the City may appeal the City's procedural compliance with Chapter 197-11 WAC for issuance of the following: 1. A final DNS. Appeal of the DNS must be made to the City Council within 14 days of the date the DNS is final [see WAC 197-11-390(2)(a)] for those determinations associated with a permit or action not subject to review under Chapter 18.02 PAMC. For those determinations subject to Chapter 18.02 PAMC, the filing of the appeal shall be consistent with the requirements of that chapter and shall be made within 14 days of the date of the decision. 2. A DS. The appeal must be made to the City Council within 14 days of the date the DS is issued. 3. An EIS. Appeal of the FEIS must be made to the City Council within 14 days of the date the permit or other approval is issued. B. For any appeal under this subsection, the City shall provide for a record that shall consist of the following: 1. Findings and conclusions; 2. Testimony under oath; and 3. A taped or written transcript. C. The City shall provide for an electronically recorded transcript of the proceedings and may require the appellant to provide a written transcript. Page 19 D. The procedural determination by the City's responsible official shall carry substantial weight in any appeal proceeding. E. The City shall give official notice under WAC 197-11-680(5) stating the date and place for commencing an appeal. If there is no time period for appealing the underlying governmental action, and a notice of action under RCW 43.21C.080 is used, appeals shall be commenced within the time period specified by RCW 43.21C.080. F. Timing of appeals. 1. There shall be no more than one City appeal proceeding on a procedural determination (the adequacy of a determination of significance/nonsignificance or of a final environ-mental impact statement). The appeal proceeding on a determination of significance may occur before the City's final decision on a proposed action. The appeal proceeding on a determination of nonsignificance may occur before the City's final decision on a proposed action only if the appeal is heard at a proceeding where the hearing body will render a final recommendation or decision on the proposed underlying governmental action. Such appeals shall also be allowed for a determination of significance/nonsignificance which may be issued by the City after supplemental review. 2. The City shall consolidate an appeal of procedural issues and of substantive determinations made under this chapter (such as a decision to require particular mitigation measures or to deny a proposal) with a hearing or appeal on the underlying governmental action by providing for a single simultaneous hearing before one hearing body to consider the agency decision on a proposal and any environmental determinations made under this chapter, with the exception of the appeal, if any, of a determination of significance. (Ord. 3071, § 1 (part) 12/15/2000; Ord. 2977 § 3 (part), 12/26/1997; Ord. 2911 § 9, 3/29/1996; Ord. 2312 § 1, 10/1/1984.) CHAPTER 15.08 - SHORELINE MANAGEMENT 15.08.010 - Shoreline Management Act adopted. The City adopts by reference and affirms the provisions of RCW 90.58.020 which establishes the State policy with regard to use of the shorelines. (Ord. 2033 § 1, 7/17/1979.) 15.08.020 - RCW sections adopted by reference. The City adopts by reference the following sections or subsections of Chapter 90.58 RCW as now or hereafter amended: RCW 90.58.030 - Definitions and concepts. .040 - Program applicable to shorelines of the state. .050 - Program as cooperative between local government and state -Responsibilities differentiated. .100(1) - Program as constituting use regulations. Page 20 .140 - Development permits - Grounds for granting - Administration by local government, conditions - Applications - Notices - Rescission - When permits not required - Approval when permit for variance or conditional use. .147 - Substantial development permit - exemption for projects to improve fish or wildlife habitat or fish passage. .150 - Selective commercial timber cutting when. .160 - Prohibition against surface drilling for oil or gas, where. .180 - Appeals from granting, denying or rescinding permits, procedure - Board to act, when - Local government appeals to board - Grounds for declaring master program invalid - Appeals to court, procedure. RCW 90.58.190 - Review and adjustments to master programs. .210 - Court actions to insure against conflicting uses and to enforce. .230 - Violators liable for damages resulting from violation - Attorney's fees and costs. .240 - Additional authority granted department and local governments. .270 - Nonapplication to certain structures, docks, developments, etc., placed in navigable waters - Nonapplication to certain rights of action, authority. .320 - Height limitation respecting permits. .355 - Hazardous substance remedial actions - procedural requirements not applicable. .380 - Adoption of wetland manual. .515 - Watershed restoration projects - exemption. (Ord. 2929 § 1, 9/13/1996; Ord. 2033 § 2, 7/17/1979.) 15.08.030 - Washington Administrative Code—Shoreline Permit and Shorelands/Wetlands Designation Guidelines adopted. The City adopts by reference the following sections or subsections of Chapters 173-27 and 173-22 WAC as now or hereafter amended; provided that, in the event of a conflict between the following Washington Administrative Code provisions and the Revised Code of Washington provisions adopted by reference in PAMC 15.08.020, the latter shall prevail: WAC 173-27-010 - Authority. .020 - Purpose. -030 - Definitions. -040 - Developments exempt from substantial development permit requirement. -050 - Letter of exemption. -060 - Applicability of Chapter 90.58 RCW to federal lands and agencies. Page 21 -070 - Application of the permit system to- substantial development undertaken prior to the effective date of the act. -080 - Non-conforming use and development standards. -090 - Time requirements of permit. -100 - Revisions to permits. -110 - Notice required. -120 - Special procedures for limited utility extensions and bulkheads. -130 - Filing with department. -140 - Review criteria for all development. -150 - Review criteria for substantial development permits. -160 - Review criteria for conditional use permits. -170 - Review criteria for variance permits. -180 - Application requirements for substantial development, conditional use, or variance permit. -190 - Permits for substantial development, conditional use, or variance. -200 - Development review of conditional use and variance permits. -210 - Minimum standards for conditional use and variance permits. -220 - Request for review. WAC 173-22-010 - Purpose. -030 - Definitions. -035 - Wetland identification and delineation. -040 - Shoreland designation criteria. -050 - Conflicts between designations and criteria. -052 - Alteration of shorelines affecting designations. -060 - Shoreline designation maps. -061 - Clallam County. -070 - Lands within federal boundaries. -080 - Wetland delineation manual. (Ord. 2951 § 1, 3/14/1997; Ord. 2929 § 2, 9/13/1996; Ord. 2771, § 1, 7/30/1993; Ord. 2033 § 3, 7/17/1979.) 15.08.035 - Washington Administrative Code—Shoreline Enforcement Guidelines adopted. Page 22 The City adopts by reference the following sections or subsections of Chapter 173-27 WAC as now or hereafter amended; provided that, in the event of a conflict between the following Washington Administrative Code provisions and the Revised Code of Washington provisions adopted by reference in PAMC 15.08.020, the latter shall prevail: WAC 173-27-240 - Authority and Purpose. -250 - Definitions. -260 - Policy. -270 - Order to cease and desist. -280 - Civil penalty. -290 - Appeal of civil penalty. (Ord. 2951 § 2, 3/14/1997) 15.08.040 - City of Port Angeles Shoreline Master Program. Page 23 Page 24 CHAPTER 1 Introduction to the SMP Page 25 A. Introduction to the Shoreline Management Act. Washington's Shoreline Management Act (SMA) was passed by the State Legislature in 1971 and adopted by the public in a referendum. The SMA was created in response to a growing concern among residents of the state that serious and permanent damage was being done to shorelines by unplanned and uncoordinated development. The goal of the SMA was "to prevent the inherent harm in an uncoordinated and piecemeal development of the state's shorelines." While protecting shoreline resources by regulating development, the SMA is also intended to provide for appropriate shoreline use by fostering uses unique to or dependent upon use of the state's shoreline and by allowing development that provides an opportunity for the people to enjoy the shorelines of the state. The SMA has three broad policies: • Encourage water-dependent and water-oriented uses: "uses shall be preferred which are consistent with control of pollution and prevention of damage to the natural environment, or are unique to or dependent upon use of the state's shorelines...." • Promote public access: "the public's opportunity to enjoy the physical and aesthetic qualities of natural shorelines of the state shall be preserved to the greatest extent feasible consistent with the overall best interest of the state and the people generally." • Protect shoreline natural resources, including "...the land and its vegetation and wildlife, and the waters of the state and their aquatic life...." The SMA recognizes that "shorelines are among the most valuable and fragile" of the state's resources. The SMA, and the City of Port Angeles, recognize and protect private property rights along the shoreline, while aiming to preserve the quality of this unique resource for all state residents. The Act governs the use and development of Washington's shorelines and creates a unique partnership between local and state government. Local governments develop and administer shoreline master programs (SMPs) based on the Act and state guidance, and the state ensures local programs consider statewide public interests. Shoreline master programs carry out the policies of the Shoreline Management Act at the local level, regulating use and development of shorelines. Local shoreline programs include policies and regulations based on state laws and rules as well as guidance from the Department of Ecology but tailored to the unique geographic, economic, and environmental needs of each community. The State Shoreline Management Act (SMA) provides a broad policy framework for protecting the shoreline environment. The Shoreline Master Program Guidelines adopted by rule in 2003 (WAC 173- 26) establish the "no net loss" principle as the means of implementing that framework. The no-net-loss standard is designed to ensure permitted development will not result in a net loss of shoreline ecological functions. This means that the existing condition of shoreline ecological functions needs to remain the same, and should even be improved as a result of restoration, as the updated SMP is implemented over time. This standard is to be met by appropriately regulating public and private development, implementing a Restoration Plan, and improving practices that affect the shoreline. At a minimum, impacts of development should be identified, avoided and mitigated so as to maintain shoreline ecological functions as they exist at the time of the City's shoreline inventory for the SMP update process. A review of each SMP is called for every eight years. As needed, further revisions to policies and regulations may be made at these times, based on how well the no-net loss objective is being met, and/or for other reasons. Updates are necessary to keep SMPs current, both with physical conditions and community values. Comprehensive updates of existing Shoreline Master Programs were required by the Washington Legislature, and funding was provided through the Department of Ecology to help local governments Page 26 meet that requirement. One important objective of the update is to integrate SMP provisions with related provisions of the City's Comprehensive Plan and Environmentally Sensitive Areas Ordinance. B. What is the Shoreline Master Program (SMP)? The City of Port Angeles Shoreline Master Program (SMP) is a planning document that outlines goals and policies for the shorelines of the City and the City's Urban Growth Area (UGA), and also a regulatory code that establishes regulations for development occurring in "shoreline jurisdiction", generally including within two hundred feet of the shoreline. During the preparation of the SMP, the planning team developed several supporting documents that provided information necessary to complete the SMP and satisfy state requirements. These include: • Shoreline Inventory, Characterization, and Analysis Report for City of Port Angeles Shoreline: Strait of Juan de Fuca, September 23, 2010 (revised June 2012); • Cumulative Impacts Analysis; • Restoration Plan (included as an appendix to the SMP); and • No Net Loss Report. C. Geographic Applications of the SMA. As defined by the SMA, shoreline jurisdiction encompasses all "shorelines of the state". Shorelines of the state include both "shorelines" and "shorelines of statewide significance". In Port Angeles, regulated shorelines include marine waters of the Port Angeles Harbor, the Strait of Juan de Fuca (north to the international boundary) and tidally influenced portions of Valley, Tumwater, Peabody and Ennis Creeks. This includes water areas and their associated "shorelands", which is generally the area within 200 feet landward of the ordinary high water mark (OHWM) and associated wetlands and river deltas (Figure 1). Shorelines of statewide significance are considered major resources from which all people of the state derive benefit; therefore, special emphasis must be given to preferences and objectives that recognize and protect the statewide interest over local interests when considering management of these shorelines. Adjacent to Port Angeles, the portion of the Straits of Juan de Fuca lying seaward from the line of extreme low tide north to the Canadian line are shorelines of statewide significance. The lateral extent of the shoreline jurisdiction shall be determined for specific cases based on the location of the ordinary high water mark (OHWM), floodway, and presence of associated wetlands or river deltas. 1. Applicable Area. The applicable area for this shoreline master program includes all land currently within the City's proposed shoreline jurisdiction. Additionally, the City has predesignated shorelines that are currently within Port Angeles' Urban Growth Area (UGA). The environment designations and provisions of this SMP will apply when the City annexes those lands. In accordance with RCW 35.21.160, the City's SMP authority ext ends north to the middle of the Strait of Juan de Fuca, to the international boundary. Shoreline jurisdiction is limited to the areas outlined in Section C above; the City is not exercising optional authority under RCW 90.58.030(2)(d)(i) and (ii) to include additional portions of the 100-year floodplain or the full extent of critical area buffers. Page 27 Figure 1. Port Angeles shoreline jurisdiction includes all shoreline areas from western City limits to Morse Creek western bluff top, and extends north to the International boundary. D. Process to Develop this SMP. 1. Coordination with other Shoreline Planning and Development Activities. This SMP was prepared concurrently with the Port Angeles Harbor Resources Management Plan (HRMP). The HRMP is a comprehensive and strategic plan that addresses overlapping geographic areas, goals, and components of Harbor planning. It is intended to fill in data gaps and recommends a cohesive strategy for Harbor improvement that integrates the many environmental management, planning and development efforts on Port Angeles's shorelines including: Port Angeles Shoreline Inventory, Characterization and Analysis Report, the Port Angeles Shoreline Master Program (SMP), the Waterfront and Transportation Improvement Plan (WTIP), City of Port Angeles' Comprehensive Plan and Draft Comprehensive Park Plan, Olympic Discovery Trail planning, Rayonier site planning, Ennis Creek Restoration Plan, the Port of Port Angeles' Marine Facilities Master Plan and Central Waterfront Master Plan, Ecology's Port Angeles Harbor Sediment Study, and the Combined Sewer Overflow (CSO) Reduction Program. The HRMP outlines an implementation strategy that includes time frames, needed resources, possible funding sources, and key stakeholders. These elements provide direction for the City of Port Angeles' capital improvement program as well as the Port of Port Angeles, local Tribal entities (Lower Elwha Klallam, Jamestown S'Klallam, and Port Gamble S'Klallam), and private sector investment. The regulations contained within the SMP will align with the HRMP vision and support its implementation as well as SMA objectives. Page 28 The HRMP and SMP processes were approached concurrently, to allow the SMP inventory and analysis to inform the HRMP and to ensure consistency between the two efforts and the City's Comprehensive Plan. By coordinating the HRMP, the SMP, and the Comprehensive Plan, City policies, regulations, and actions for the Harbor will be unified in their support for achieving the community's Harbor vision. 2. The Public Participation Process. The SMP and the HRMP were developed through an extensive public process under the guidance of the Harbor Planning Committee (HPC). Throughout the process, the HPC met monthly to review progress and offer expert guidance. The Committee consisted of representatives from the City, Clallam County, Lower Elwha Klallam Tribe, Port of Port Angeles, United States Coast Guard, Department of Natural Resources, Department of Ecology (ex-officio), and the Puget Sound Partnership (ex-officio). The HPC also served as the advisory committee for this SMP. In June 2010, the City initiated the project with a community visioning open house kick-off that was attended by over 100 attendees. The City offered an online survey to gather input on goals and priorities and received 270 responses. In August, the City hosted three focus groups centered on: 1) environment and ecology, 2) economic development, and 3) public access, recreation and cultural resources. A September public open house and workshop presented the draft Shoreline Inventory, Characterization and Analysis and project priorities identified in the focus groups, and it solicited input from the approximately 100 attendees. In February 2011, the team presented the key provisions of the draft SMP at a third public open house. The public's responses to the draft SMP provisions were generally positive and provided guidance to the HPC team for completing the ecology submittal draft during the spring of 2011. Additional public outreach activities included meetings with the Strait Ecosystem Recovery Network, the Port Angeles Downtown Association, the Port Angeles Business Association, the Kiwanis Club, the 2010 Arts Council, the Realtors Association, the Rotary, and the Lions Club; booths at the Summer Farmer's Market and Clallam County Fair; City Council and Planning Commission updates; and online, radio and newspaper advertising. 3. Shoreline Goals. The goals and objectives described below capture the public input gathered during the City's update process, which is necessary to update the SMP as noted in WAC 173- 26-201(3)(b). In terms of the SMP process, goals serve as value statements from which more specific SMP policies are derived. Policies and regulations in the SMP are also based on the requirements in the Act and in the Shoreline Master Program Guidelines, and are consistent with the concept of "no net loss" of shoreline ecological functions. Goals and Objectives 1. Port Angeles' waterfront includes a full spectrum of natural resources, economic activities and recreational attractions. 2. Port Angeles' shoreline ecology is protected and, where appropriate, restored. 3. The harbor contains vibrant water-oriented industrial, commercial and recreational uses that contribute to Port Angeles' economy. 4. Port Angeles' shoreline is publicly accessible, with ample open space and connections to regional trails and the Downtown. Page 29 5. Port Angeles' shoreline is attractive and inviting, with a variety of natural, "working waterfront," and scenic amenities. 6. Cultural resources, including historical associations, on Port Angeles' shorelines are protected and, where appropriate, celebrated and interpreted for greater public appreciation. E. How the Shoreline Master Program is Used. 1. Administration. As noted earlier, the City of Port Angeles Shoreline Master Program is a planning document that outlines goals and policies for the shorelines of the City and the UGA, and also establishes regulations for development occurring within shoreline jurisdiction within the City limits. All proposed uses and development occurring within shoreline jurisdiction must conform to Chapter 90.58 RCW (the Shoreline Management Act) and this Master Program. In order to preserve and enhance the shorelines of the City of Port Angeles, all development proposals relating to the shoreline are evaluated by the Shoreline Administrator (Administrator) and/or appointed reviewing body for consistency with this Shoreline Master Program. The Shoreline Administrator for the City of Port Angeles is the Director of Community and Economic Development or his/her designee. The Port Angeles Shoreline Master Program addresses a broad range of uses that could be proposed in the shoreline area. Based upon the statewide policies of RCW 90.58 and local conditions, the Port Angeles Shoreline Master Program provides the regulatory parameters within which development may occur. In addition, it identifies those uses deemed unacceptable within Port Angeles shoreline jurisdiction, as well as those uses which may be considered through a discretionary permit such as a Conditional Use Permit or Shoreline Variance. Persons proposing any shoreline development, land use, or other projects in the shoreline area should consult with the City of Port Angeles Community and Economic Development Department. A staff person will assist the project proponent by identifying the necessary permits and application procedures. 2. Relationship of this Shoreline Master Program to Other Plans and Regulations. This SMP implements the Washington State Shoreline Management Act and is integrated within the City of Port Angeles planning framework and regulatory system. The SMP policies constitute the shoreline element of the City's Comprehensive Plan in accordance with WAC 173-26- 191(2)(a)(i). Once approved by the state, the regulations become part of Title 15 of the City of Port Angeles Municipal Code (PAMC). Being part of the City's system of planning and development regulations, this SMP will be administered in concert with other provisions of the municipal code. Where this Program makes reference to any RCW, WAC, or other state or federal law or regulation, the most recent amendment or current edition shall apply. Where Shoreline Conditional Use or Variance permits are required, the Washington Department of Ecology will review and make final determinations after the City has issued its decisions. In addition to compliance with the provisions of the Shoreline Management Act of 1971, the Port Angeles SMP must be mutually consistent with local plans and policy documents, specifically, the Port Angeles Comprehensive Plan and the regulations developed by the City to implement its Page 30 plans, such as zoning code and subdivision code, as well as building construction and safety requirements. Provisions in the Environmentally Sensitive Areas Protection regulations pertaining specifically to fish and wildlife habitat areas, locally unique features and geologically hazardous areas (PAMC Chapter 15.20), wetlands protection (PAMC Chapter 15.24), and flood damage prevention (PAMC Chapter 15.12) shall be applicable along with regulations contained in this SMP. Please see Chapter 3 for exclusions and additional detail regarding environmentally sensitive areas in shoreline jurisdiction. If a conflict between the environmentally sensitive areas and SMP provisions occurs, the more specific regulation applies. The version of the City's Environmentally Sensitive Areas Protection regulations referenced in this document shall refer to those codified by Ordinance #2655 and #2656, dated November 29, 1991, and most recently amended by Ordinance #3238 dated March 17, 2006. Uses, developments and activities regulated by this Master Program may also be subject to the Washington State Environmental Policy Act ("SEPA," Chapter 43.21C RCW and Chapter 197-11 WAC), other provisions of the Port Angeles Municipal Code (PAMC), and various other provisions of local, state and federal law, as may be amended. Project proponents shall comply with all applicable laws prior to commencing any use, development or activity. As noted earlier the draft SMP was prepared concurrently with the Harbor Resources Management Plan and where applicable and consistent with the SMA, the SMP supports and implements the recommendations in that plan. CHAPTER 2 Environment Designation Provisions and Regulations A. Introduction. The Shoreline Management Act (Chapter 90.58 RCW), through the Shoreline Guidelines (Chapter 173-26 WAC), provide shoreline environment designations to serve as a tool for categorizing shoreline areas and as a way to apply and tailor the general policies of the Act to local shorelines. Shoreline environment designations, sometimes referred to as shoreline "environments" (e.g., the Shoreline Residential Environment), establish specific policies and regulations applicable to shoreline segments that recognize different shoreline conditions and resources. WAC 173-26-211 describes the method for classifying shorelines and assigning environment designations based on the "existing use pattern, the biological and physical character of the shoreline, and the goals and aspirations of the community as expressed through comprehensive plans." Environment designations are also a way to facilitate consistency between comprehensive planning and shoreline master program provisions. By establishing specific policies and regulations for each environment designation, local jurisdictions can give preference to specific uses, provide for public access, and apply ecological protection measures most appropriate for specific shoreline segments. The environment designations in Port Angeles' SMP were based on: 1) the WAC guidelines, 2) the shoreline inventory, characterization and analysis, and 3) the public input from work sessions, surveys and other activities. The overarching direction emerging from public input is the community's desire to protect and enhance the shoreline ecology, to support maritime and water-oriented industries, encourage shoreline restoration, and to provide a broad spectrum of public access and water-oriented recreation opportunities. The environment designations expand the recommended classification system in WAC 173-26-211(4) and (5) because additional designations are useful in addressing the variety of conditions found on Port Angeles' shorelines. Page 31 In order to further address the complexity of the city's shorelines, specific development standards for distinct reaches or "segments" within the environment designations may be included for each environmental designation. Shoreline segments and the corresponding shoreline environment designation are depicted on Figure 1 in Appendix A. Section B of this chapter describes the purpose, designation criteria, management policies and specific development standards for each environment designation as well as the geographic area to which they apply. Purpose statements are intended to describe the shoreline management objectives of the designation. Designation criteria provide the basis for classifying or reclassifying a specific shoreline area with that designation. Management policies are integral to determining land uses and activities that can take place within each shoreline environment and in assisting in the interpretation of the environment designation regulations. Section C of this chapter includes a shoreline use matrix and shoreline modification matrix, which summarize allowed, conditionally allowed and prohibited uses, activities and modifications in each environment designation. Specific use or development activities may be allowed in the shoreline setbacks or vegetation conservation areas established in this chapter; please see Chapter 3. In the event of a mapping error, the City will rely on common boundary descriptions and the criteria contained in RCW 90.58.030(2), rather than an incorrect or outdated map. Shoreline areas above the OHWM that are not mapped or assigned an environment designation in this SMP shall be classified with an Urban Conservancy - Recreation (UC-R) environment until the shoreline can be redesignated through an SMP amendment. Note: The Ordinary High Water Mark (OHWM) indicated on all maps is based on the elevation line of seven feet above sea level NADV 88. The OHWM must be determined in the field based on the criteria of RCW 90.58.030(2)(c). B. Environment Descriptions and Specific Development Standards. 1. High-Intensity Industrial (HI-I) Environment (Segments C, H and I). a. Purpose. The purpose of the High-Intensity Industrial (HI-I) Environment is to provide for the continued use and development of high-intensity water-oriented heavy and larger scale industrial or port uses, with the potential to allow supporting uses. This designation is also intended to protect existing ecological functions and provide for restoration and public access in appropriate locations and situations. b. Designation Criteria. A High-Intensity Industrial Environment designation will be assigned to shorelands if they currently support or are planned for intensive industrial uses related to production and processing of materials, transportation or navigation. c. Management Policies. 1. In regulating uses in the High-Intensity Industrial Environment, first priority should be given to water-dependent industrial uses. Second priority should be given to water- related industrial uses. Non-water-oriented uses should not be allowed except for: 1) as part of mixed-use developments that combine water-dependent and non-water- oriented uses; or 2) in existing developed areas in support of water-dependent uses. Non-water-oriented uses may also be allowed in limited situations on sites where there is no direct access to a shoreline with navigable waters. 2. New development, redevelopment, and uses should include the protection and/or restoration of shoreline ecological functions, with particular emphasis on habitat for priority species and environmental cleanup. 3. Visual and physical public access should be required as part of any development where there is both a public benefit and no security or use conflicts, as provided for in SMP Chapter 3, section 8 - Public Access. Page 32 4. Pedestrian, bicycle and vehicular routes should be preserved and provided through these segments to public access points such as Ediz Hook, or to public access points that may be developed within these segments. 5. Sign control regulations, appropriate development siting and screening, building bulk and height restrictions and maintenance of visual buffers should be considered with development or redevelopment to improve the aesthetic quality of the shoreline. 6. Redevelopment including ecological restoration of substandard and degraded urban shoreline areas and removal of obsolete structures is encouraged. Such redevelopment, which may occur through regulatory or capital improvement measures, should consider accommodation of future water-oriented uses. 7. LID techniques and BMPs shall be incorporated into the design of shoreline areas to improve, maintain, and rehabilitate shoreline conditions, where feasible. d. Environment-Specific Development Regulations. Vegetation Conservation Area Structure Setbacks (from the OHWM) Maximum Structure Height Segment C N/A 50 feet 75 feet Segment H 50 feet 50 feet 45 feet Segment I N/A 50 feet 45 feet Vegetation conservation areas (VCA) are areas along the shoreline in which vegetation contributing to the ecological function of shoreline areas is protected and/or restored. VCA's are measured from the shoreline in a width landward of and perpendicular to the OHWM. VCA's have generally not been applied in the HI-I designation where shoreline areas are highly armored and used for water dependent or water related industrial uses, and where there is little or no vegetation to conserve. If no VCA is assigned t o a shoreline segment, parcels with frontage on waters regulated by the SMP shall preserve existing native vegetation within this area to the extent feasible and in accordance with the allowances in Chapter 3, section 12. Maximum structure heights are not applicable to light and utility poles, chimneys and stacks, or to equipment used for loading and unloading such as conveyors and cranes. Page 33 In this segment, vegetative restoration or mitigation for development resulting in unavoidable impacts to vegetation on parcels where a VCA has not been designated shall be focused on the existing pocket beach in the middle of the segment when feasible; see Chapter 3. Utilization of the pocket beach area for restoration or mitigation is contingent upon execution of a formal agreement (conservation easement, etc.) between the property owner and party proposing mitigation or restoration. Such agreement shall ensure access to and maintenance of the utilized area, and guarantee preservation of the utilized area in perpetuity. If an agreement meeting the conditions outlined above cannot be reached, compensatory mitigation shall occur on the same parcel where the unavoidable impact occurs or through other measures established in this SMP. Setbacks may be averaged to maintain and provide additional open area near this pocket beach. The Administrator may allow setback averaging only when the applicant can demonstrate all of the following: i. Averaging is necessary to avoid an extraordinary hardship to the applicant caused by circumstances unique to the property; Page 34 ii. The area within the setback contains existing variations in ecological function and sensitivity; iii. Averaging will not adversely impact ecological functions; and iv. The total area contained within the setback after averaging is no less than that contained within the standard setback prior to averaging. In no instance shall the setback be averaged more than 50% (25 feet). In this segment, the VCA does not apply to shorelines directly facing the channelized lagoon outlet. Wetland buffers and protections may apply per Chapter 3 of the SMP. Untreated stormwater shall not be directed to the lagoon. Page 35 In this segment, vegetative restoration or mitigation for development resulting in unavoidable impacts to vegetation on parcels where a VCA has not been designated shall be focused on the existing beach area south of the lagoon channel when feasible; see Chapter 3. Utilization of the beach area for restoration or mitigation is contingent upon execution of a formal agreement (conservation easement, etc.) between the property owner and party proposing mitigation or restoration. Such agreement shall ensure access to and maintenance of the utilized area, and guarantee preservation of the utilized area in perpetuity. If an agreement meeting the conditions outlined above cannot be reached, compensatory mitigation shall occur on the same parcel where the unavoidable impact occurs or through other measures established in this SMP. Setbacks may be averaged to maintain and provide additional open area near this beach. The Administrator may allow setback averaging only when the applicant can demonstrate all of the following: Page 36 i. Averaging is necessary to avoid an extraordinary hardship to the applicant caused by circumstances unique to the property; ii. The area within the setback contains existing variations in ecological function and sensitivity; iii. Averaging will not adversely impact ecological functions; and iv. The total area contained within the setback after averaging is no less than that contained within the standard setback prior to averaging. In no instance shall the setback be averaged more than 50% (25 feet). The existing Olympic Discovery/Waterfront Trail provides a pedestrian corridor through the Nippon Mill site in this segment for access to Ediz Hook. Provision and maintenance of the trail was a condition of the previous permits for the mill; when or where the trail is located within City right-of-way, the City shall share responsibility for ensuring the safety and viability of this important public access corridor. If the Administrator determines that required public access within this segment for any particular project is found infeasible or undesirable in accordance with Chapter 3, section 8, the applicant may compensate by providing off-site public access or paying a compensatory fee to the City if the City has developed such a program. The preference for public access improvements in this segment is a continuous pedestrian and bicycle trail along the roadway adjacent to the parcel on which development is proposed. 2. High-Intensity Marine (HI-M) Environment (Segments E and J). a. Purpose. The purpose of the High-Intensity Marine (H-I M) Environment is to provide for higher- intensity shoreline uses featuring a mix of water-oriented commercial, transportation, recreation, industrial uses, boat building and repair, vessel berthing, marina facilities, the Coast Guard Base, and associated support facilities. Versus heavy industrial uses in the HI- I designation, industrial uses in the HI-M designation are intended to be centered primarily on manufacturing, and the loading, storing, and transferring of cargo. This designation is also intended to protect existing ecological functions and provide for restoration and public access in appropriate locations and situations. The Coast Guard Base is located on lands considered to be a federal reserve, whic h has unique security and operational requirements. b. Designation Criteria. A High-Intensity Marine Environment designation will be assigned to shorelands if they currently support or are suitable and planned for higher intensity water- oriented uses related to commerce, industry, transportation (including recreational boating), or navigation. Shorelands with industrial facilities in this designation will include manufacturing or industries of a less intense scale than those designated HI-I. c. Management Policies. 1. In regulating uses in the High-Intensity Marine (HI-M) Environment, first priority should be given to water-dependent uses. Second priority should be given to water-related and water-enjoyment uses. Non-water-oriented uses should not be allowed except for: 1) as part of mixed-use developments that combine water-dependent and non-water- oriented uses such as a multi-use marina, or 2) existing developed areas supporting water-dependent uses. Non-water-oriented uses may also be allowed on sites where there is no direct access to the shoreline. 2. New development and redevelopment should include ecological restoration, including low impact development techniques and environmental cleanup of the shoreline, in Page 37 accordance with state and federal requirements and the restoration plan accompanying this SMP. 3. Visual and physical public access should be required as provided for in SMP Chapter 3, section 8 - Public Access. The U.S. Coast Guard Base is exempt from this requirement. 4. Sign control regulations, appropriate development siting and screening, building bulk and height restrictions, and maintenance of visual buffers should be considered with development or redevelopment to improve the aesthetic quality of the shoreline and protect views from public properties and residences. 5. Public access should include identified points and routes for pedestrians, bicycles and vehicles. 6. Redevelopment including ecological restoration of substandard and degraded urban shoreline areas and removal of obsolete structures is encouraged. Such redevelopment should consider accommodation of future water-oriented uses. 7. LID techniques and BMPs shall be incorporated into the design of shoreline areas to improve, maintain, and rehabilitate shoreline conditions, where feasible. 87. Accessories important to the Coast Guard mission and operations should be allowed on the base. The City should work with the U.S. Coast Guard to explore opportunities for ecological restoration. d. Environment-Specific Development Regulations. Vegetation Conservation Area Structure Setbacks (from the OHWM) Maximum Structure Height Segment E (facing the Strait) N/A N/A N/A Segment E (facing the Harbor) OHWM to the waterward extent of new structural road foundation 15 feet 15 feet Segment J N/A 50 feet* 75 feet * Setback requirements do not apply to jetties in the Boat Haven Marina. In the remainder of Segment J water-dependent uses may be built within the 50-foot setback. The 50-foot setback from the OHWM is required for non-water-dependent uses. Vegetation conservation areas (VCA) are areas along the shoreline in which vegetation contributing to the ecological function of shoreline areas is protected and/or restored. VCA's are measured from the shoreline in a width landward of and perpendicular to the OHWM. Page 38 VCA's have generally not been applied in the HI-M designation where shoreline areas are highly armored or where there is little or no vegetation to conserve, and along the Strait side of Segment E where vegetative enhancement is not likely to be compatible with maintenance of the existing large rock stabilizing the outer shoreline of Ediz Hook. If no VCA is assigned to a shoreline segment, parcels with frontage on waters regulated by the SMP shall preserve existing native vegetation within this area to the extent feasible and in accordance with the allowances in Chapter 3, section 12. Maximum structure heights are not applicable to light and utility poles, antennae, chimneys and stacks, or to equipment used for loading and unloading such as conveyors and cranes. In Segment E, no new structures are allowed along the north side of Ediz Hook Road (portion of segment facing the Strait). In the portion of this segment facing the Port Angeles Harbor, the City anticipates widening Ediz Hook Road to the south to facilitate trail improvements or public access. The VCA extends from the OHWM to the waterward extent of any structural road foundation necessary to widen the road. The preference for public access improvements in this segment is a continuous pedestrian and bicycle trail along the south edge of Ediz Hook Road. The safety of both bicyclists and pedestrians must be addressed in the design of the trail. Fences, poles and shelters shall be located and designed to minimize visual impacts. Page 39 In this segment, vegetative restoration or mitigation for development resulting in unavoidable impacts to vegetation on parcels where a VCA has not been designated shall be focused on shorelines east of the Boat Haven Marina, particularly the portion of the shoreline along the Valley Creek Estuary, where feasible; see Chapter 3. Utilization of the west side of the Valley Creek Estuary for restoration or mitigation is contingent upon execution of a formal agreement (conservation easement, etc.) between the property owner and party proposing mitigation or restoration. Such agreement shall ensure access to and maintenance of the utilized area, and guarantee preservation of the utilized area in perpetuity. If an agreement meeting the conditions outlined above cannot be reached, compensatory mitigation shall occur on the same parcel where the unavoidable impact occurs or through other measures established in this SMP. 3. High-Intensity Urban Uplands (HI-UU) Environment (Segments K, M and N). a. Purpose. The purpose of the High-Intensity Urban Uplands (HI-UU) Environment is to manage uses on sites within shoreline jurisdiction that are physically and functionally separated from the shoreline by a public right-of-way or public property and do not have direct access to the water. Areas separated from the shoreline that are predominantly single family residential are not included in this designation. b. Designation Criteria. A High-Intensity Urban Uplands Environment designation will be assigned to shorelands featuring or planned for a variety of uses that are physically and functionally separated from the shoreline by a public right-of-way or public property. Public streets or portions of the streets separating the environment designations are included in the Page 40 HI-UU Environment as described below. The HI-UU designation is a parallel designation that has no physical connection to the water. 1. Segment K. Area south and east of the Valley Creek estuary, including the Marine Drive and Front Street rights-of-way adjacent to the estuary. The centerline of Valley Street is the western boundary of the HI-UU Environment. The west edge of Cherry Street (extended north) is the eastern boundary of the HI-UU Environment. 2. Segment M. Areas east of Lincoln Street to approximately the west edge of Vine Street extended, excluding bluff areas. Page 41 3. Segment N. Privately owned parcels south of the Olympic Discovery/Waterfront Trail or south of the top of the marine bluff, from the west edge of the Race Street right-of-way east to the east edge of shoreline jurisdiction on the hospital property. c. Management Policies. 1. Uses in the High-Intensity Urban Uplands Environment should be limited to those that do not conflict with water-oriented activities and public access on the shoreline. 2. New development should not substantially diminish visual and physical public access. 3. Comfortable and attractive pedestrian, bicycle and vehicular routes should be provided through shorelands with this designation to public access points by utilizing measures such as street and pathway improvements. Development should improve the aesthetic qualities of shorelands in this environment and consider views from public properties and adjacent residences. 4. LID techniques and BMPs shall be incorporated into the design of shoreline areas to improve, maintain, and rehabilitate shoreline conditions, where feasible. d. Environment-Specific Development Regulations. Page 42 Vegetation Conservation Area Structure Setbacks Maximum Structure Height Segment K N/A N/A from the OHWM (see zoning code) 30 feet Segment M N/A N/A from the OHWM (see zoning code) 35 feet Segment N 50-foot marine bluff buffer 15 feet from the landward edge of the 50-foot marine bluff buffer 35 feet Vegetation conservation areas (VCA) are areas along the shoreline in which vegetation contributing to the ecological function of shoreline areas is protected and/or restored. VCA's are typically measured from the shoreline in a width landward of and perpendicular to the OHWM; however, because the HI-UU shorelands are physically separated from the water, VCA's are measured differently. The VCA in segment N reflects the 50-foot marine bluff setback required by the critical areas provisions in Chapter 3. Viewing towers or other public access points may be allowed on street ends or other publically owned sites. In Segment K, new development and redevelopment shall maintain the City sidewalk with street trees along Marine Drive. 4. High-Intensity Mixed-Use (HI-MU) Environment (Segments L and O). a. Purpose. The purpose of the High-Intensity Mixed-Use (HI-MU) Environment is to provide for a wide variety of urban uses and activities supporting vibrant shoreline areas as a key component of Port Angeles' character and quality of life. This designation accommodates public access and water-oriented commercial, transportation, institutional, and recreational uses while protecting existing ecological functions and restoring ecological functions in areas that have been previously degraded. b. Designation Criteria. A High-Intensity Mixed-Use Environment designation will be assigned to shorelands on Port Angeles's downtown waterfront and the former Rayonier Mill site that have the potential to support a variety of water-oriented uses related to commerce, transportation, navigation and recreation. c. Management Policies. 1. Development in the High-Intensity Mixed-Use Environment should be managed so that it enhances and maintains the shorelines for public access and a variety of urban uses. Priority should be given to water-oriented uses. 2. All new development should provide public access or otherwise enhance the public's enjoyment of the shoreline. 3. New development should protect and, where feasible, restore shoreline ecological functions. Restoration should be emphasized on Ennis Creek in segment O, on creating habitat for priority species, and on environmental cleanup. Page 43 4. Visual access to the water and aesthetics should be considered in establishing height and bulk limits for new development. 5. Comfortable and attractive pedestrian, bicycle and vehicular routes should be provided to public access points. 6. Development in shoreline areas should be compatible with surrounding uses, the level of infrastructure and services available, and other comprehensive planning considerations. 7. LID techniques and BMPs shall be incorporated into the design of shoreline areas to improve, maintain, and rehabilitate shoreline conditions, where feasible. d. Environment-Specific Development Regulations. Vegetation Conservation Area Structure Setbacks (from the OHWM) Maximum Structure Height Segment L N/A N/A 45 feet Segment O 100 feet 100 feet 45 feet Vegetation conservation areas (VCA) are areas along the shoreline in which vegetation contributing to the ecological function of shoreline areas is protected and/or restored. VCA's are measured from the shoreline in a width landward of and perpendicular to the OHWM. Page 44 VCA's have not been applied in Segment L where there is little vegetation to conserve and most of the shoreline consists of facilities extending past the shoreline and out into the water (Railroad Avenue Esplanade, Coho Ferry Landing, Landings Mall). While no VCA is assigned to this shoreline segment, parcels with frontage on waters regulated by the SMP shall preserve existing native vegetation within this area to the extent feasible and in accordance with the allowances in Chapter 3, section 12. Existing street trees in this segment shall be maintained. New street trees shall be included with any new development or redevelopment. Public shoreline views shall be protected by the use of measures, including but not limited to: i. Decreasing the area of upper stories commensurate with increasing height. ii. When there is an irreconcilable conflict between water-dependent uses and physical public access and maintenance of views from adjacent properties, the water-dependent uses and physical public access shall have priority, unless there is a compelling reason to the contrary. Page 45 iii. Buildings shall incorporate architectural features that reduce scale such as building modulation (vertical and horizontal), pitched roofs, angled facades and reduced massing. iv. New development, uses and activities shall locate trash and recycling receptacles, utility boxes, HVAC systems, electrical transformers, fences and other appurtenances to minimize interference with public views. v. Utilities and accessory structures shall be designed and installed in such a way as to avoid impacts to scenic views and aesthetic qualities of the shoreline area. vi. Communication and radio towers shall not obstruct or destroy scenic views of the water. This may be accomplished by design, orientation and location of the tower, height, camouflage of the tower, or other features consistent with utility technology. vii. Fences, walls, hedges and other similar accessory structures shall be limited to four feet in height between the ordinary high water mark and primary structures. Throughout this SMP update process and during previous planning for the former Rayonier Mill site, the public has consistently indicated that the future of this parcel is a particularly important shoreline management issue because it provides a unique opportunity for a variety of shoreline uses. As of the date of this SMP's adoption, there are a number of uncertainties regarding the future of the site. SMP provisions must be flexible to accommodate a wide Page 46 array of possibilities while implementing objectives of the Shoreline Management Act. However, specific standards are necessary for the purposes of evaluating cumulative impacts and determining when a shoreline variance is triggered. In this segment, development shall not encroach on the VCA or setback adjacent to the tidally influenced portions of Ennis Creek without a variance, unless such development is for the purposes of public access or ecological restoration. In the remainder of the segment, VCA and setback encroachments may be authorized in accordance with Chapter 3, section 12. Opportunities for moving or providing spurs off the Olympic Discovery/Waterfront Trail to the shoreline shall be explored. Public shoreline views shall be protected by the use of measures, including but not limited to: i. Decreasing the area of upper stories commensurate with increasing height, minimizing building heights and total lot coverage, maintaining open space between buildings, and clustering buildings to allow for broader view corridors. ii. When there is an irreconcilable conflict between water-dependent uses and physical public access and maintenance of views from adjacent properties, the water-dependent uses and physical public access shall have priority, unless there is a compelling reason to the contrary. iii. Buildings shall incorporate architectural features that reduce scale such as building modulation (vertical and horizontal), pitched roofs, angled facades, and reduced massing. iv. New development, uses and activities shall locate trash and recycling receptacles, utility boxes, HVAC systems, electrical transformers, fences and other appurtenances to minimize interference with public views. v. Utilities and accessory structures shall be designed and installed in such a way as to avoid impacts to scenic views and aesthetic qualities of the shoreline area. vi. Communication and radio towers shall not obstruct or destroy scenic views of the water. This may be accomplished by design, orientation and location of the tower, height, camouflage of the tower, or other features consistent with utility technology. vii. Fences, walls, hedges and other similar accessory structures shall be limited to four feet in height between the ordinary high water mark and primary structures. 5. Urban Conservancy-Low Intensity (UC-LI) Environment (Segments A and G). a. Purpose. The purpose of the Urban Conservancy-Low Intensity (UC-LI) Environment is to protect and restore ecological functions, open spaces, and other sensitive lands while allowing some low-intensity uses. This environment protects shoreline areas that include relatively intact or minimally degraded shoreline functions when compared to the rest of the shoreline areas in the City. b. Designation Criteria. An Urban Conservancy-Low Intensity Environment designation will be assigned to shorelands that are designated Open Space in the City's Comprehensive Plan and are located along active drift cells, feeder bluffs, wetlands, or other areas that should not be more intensively developed, and which retain important ecological functions even though partially developed. c. Management Policies. 1. Uses in the Urban Conservancy-Low Intensity Environment should be limited to those which do not substantially degrade ecological functions or the natural character of the Page 47 shoreline area. Development and uses that would substantially degrade or permanently deplete habitat or the physical or biological resources of the area should not be allowed. 2. Rehabilitation of existing degraded shoreline conditions, including habitat enhancement and environmental cleanup, is a preferred action. 3. Activities or uses that that include significant shoreline vegetation removal, would cause substantial erosion or sedimentation, or adversely affect wildlife or aquatic life should not be allowed. 4. LID techniques and BMPs shall be incorporated into the design of shoreline areas to improve, maintain, and rehabilitate shoreline conditions, where feasible. d. Environment-Specific Development Regulations. Vegetation Conservation Area Structure Setbacks (from the OHWM) Maximum Structure Height Segment A 200 feet 200 feet N/A Segment G N/A N/A N/A Page 48 No new structures are allowed within this segment, except for shoreline stabilization structures necessary to protect existing utilities and address erosion at the closed municipal landfill site, in accordance with the provisions in Chapter 4. Page 49 Segment G is an associated wetland; see the critical areas provisions in Chapter 3 for additional requirements applying to this segment. Only the wetland is contained within shoreline jurisdiction (not its buffer). No new structures are allowed within this segment, with the exception of public access structure(s). 6. Urban Conservancy-Recreation (UC-R) Environment (Segments D, F, K, M, N and P). a. Purpose. The purpose of the Urban Conservancy-Recreation (UC-R) Environment is to protect and restore ecological functions on sensitive lands in urban and developed settings and to provide public access and a variety of recreation and park uses. Restoration activities are a preferred action in this designation. b. Designation Criteria. An Urban Conservancy-Recreation Environment designation will be assigned to shorelands that include public parks, designated trail corridors, and areas especially suited to public access and water-oriented recreation that is compatible with maintaining or restoring the ecological functions of the area. The UC-R designation is a parallel designation waterward of a different designation in Segments F, K, M, N and P. c. Management Policies. 1. Water-oriented recreational uses, public access and cultural or educational uses are preferred over non-water-oriented uses. Water-dependent recreational uses should be given highest priority. Page 50 2. Commercial activities specifically supporting or catering to the public's use or enjoyment of publicly accessible shorelines, such as food and beverage or boating concessions, may be allowed. 3. Water-dependent and water-enjoyment recreation facilities compatible with the protection of ecological functions, such as boating facilities, angling, wildlife viewing, trails and swimming beaches, are preferred uses, provided significant ecological impacts to the shoreline are avoided or mitigated. 4. During development and redevelopment, efforts should be taken to restore ecological functions. 5. The continuity of trail systems, including the Olympic Discovery/Waterfront Trail, should be maintained. Improvements that provide greater access and safety along the trail system are encouraged. 6. LID techniques and BMPs shall be incorporated into the design of shoreline areas to improve, maintain, and rehabilitate shoreline conditions, where feasible. d. Environment-Specific Development Regulations Designated UC-R. Vegetation Conservation Area Structure Setbacks (from the OHWM) Maximum Structure Height Segment D (facing the Strait) N/A N/A N/A Segment D (facing the Harbor) OHWM to the waterward extent of new structural road foundation 15 feet (see below) 15 feet Segment F 200 feet 200 feet N/A Segment K Waterward edge of Marine Drive/Front Street Waterward edge of Marine Drive/Front Street 40 feet (viewing tower only, see below) Segment M N/A N/A N/A Segment N To the top of the marine bluff 50 feet 30 feet Segment P To the top of the marine bluff N/A N/A Vegetation conservation areas (VCA) are areas along the shoreline in which vegetation contributing to the ecological function of shoreline areas is protected and/or restored. VCA's are measured from the shoreline in a width landward of and perpendicular to the OHWM. A VCA has not been applied along the Strait side of Segment D where vegetative Page 51 enhancement is not likely to be compatible with maintenance of the existing large rock stabilizing the outer shoreline of Ediz Hook. A VCA has not been applied along Segment M which is a narrow stretch of shoreline containing the Olympic Discovery Trail, and where little to no vegetation exists and the shoreline is heavily armored. If no VCA is assigned to a shoreline segment, parcels with frontage on waters regulated by the SMP shall preserve existing native vegetation within this area to the extent feasible and in accordance with the allowances in Chapter 3, section 12. In this segment, no new structures are allowed along the north side of Ediz Hook Road (portion of segment facing the Strait). Along the portion of the segment facing the Port Angeles Harbor, only structures that directly support water dependent shoreline recreational uses shall be authorized. In the portion of this segment facing the Port Angeles Harbor, the City anticipates widening Ediz Hook Road to the south to facilitate trail improvements or public access. The VCA extends from the OHWM to the waterward extent of any structural road foundation necessary to widen the road. The preference for public access improvements in this segment is a continuous pedestrian and bicycle trail along the south edge of Ediz Hook Road. The safety of both bicyclists and pedestrians must be addressed in the design of the trail. Fences, poles and shelters shall be located and designed to minimize visual impacts. Overwater structures are prohibited in this segment. Page 52 No new structures are allowed within this segment, except for shoreline stabilization structures necessary to protect existing utilities or a public access boardwalk or paths, in accordance with the provisions in Chapter 3. A trail from Marine Drive to the shoreline west of Ediz Hook is the preferred type of public access in this segment. Any trail or similar public access shall follow the existing Industrial Water Line (IWL) route as closely as is feasible. The design of public access facilities shall include measures to protect private industrial infrastructure and facilities. Page 53 Public viewing towers and Friendship Bridge are the only structures permitted in this segment, and may be permitted within the VCA and setback without a variance in accordance with Chapter 3. Non-native plant materials may be used within landscaped portions of the park where special use requirements exist. Any development in this segment shall maintain the continuous public access pathway/pedestrian walkway that serves as the Olympic Discovery/Waterfront Trail. Page 54 As outlined above, a VCA has not been applied along Segment M. Segment M primarily consists of a narrow stretch of shoreline containing the Olympic Discovery Trail where little to no vegetation exists and the shoreline is heavily armored. There is no setback in this segment because the trail encompasses the entire portion of the segment with this designation, and no new structures are allowed. In segment N, the VCA extends from the OHWM to the top of the marine bluff. New structures are limited to Francis Street Park only. The Olympic Discovery/Waterfront Trail must be maintained in these segments. Page 55 In Segment P, the VCA extends from the OHWM to the top of the marine bluff. Adjacent to the Lee's Creek subreach where there is no bluff, the VCA extends to the landward boundary of any landslide hazard areas. New structures are prohibited in the UC-R designated portion of Segment P. The Olympic Discovery/Waterfront Trail must be maintained in this segment. 7. Shoreline Residential (SR) Environment (Segments B, F, N and P). a. Purpose. The purpose of the Shoreline Residential (SR) Environment is to allow residential development, uses and redevelopment while ensuring that existing ecological functions are not diminished and avoiding foreseeable risk to residential structures from hazardous geological conditions. b. Designation Criteria. A Shoreline Residential Environment designation will be assigned to shorelands that exist as single-family residential developments or are planned and platted for residential development. The SR designation is a parallel designation, and with the exception of Segment B has no physical connection to the water. c. Management Policies. 1. Development standards in the Shoreline Residential Environment should protect shoreline ecological functions, taking into account the environmental limitations and sensitivity of the shoreline area, the level of infrastructure and services available, and other comprehensive planning considerations. 2. Passive water-oriented recreational uses and public access should be allowed where feasible and where they do not cause significant ecological impacts. Page 56 3. Standards for new residential use, development, and redevelopment should protect human safety and ensure that new development will not require structural shoreline stabilization or flood protection during the projected lifetime of the development. 4. LID techniques and BMPs shall be incorporated into the design of shoreline areas to improve, maintain, and rehabilitate shoreline conditions, where feasible. d. Environment-Specific Development Regulations Designated SR. Vegetation Conservation Area Structure Setbacks (from the OHWM) Maximum Structure Height Segment B Marine bluff plus 50 feet landward from the edge of the bluff 15 feet from the landward edge of the marine bluff buffer/VCA 35 feet Segment F 50 feet landward from the top of the bluff 15 feet from the landward edge of the marine bluff buffer 35 feet Segment N 50 feet landward from the top of the bluff 15 feet from the landward edge of the marine bluff buffer 35 feet Segment P 50 feet landward from the top of the bluff In the Lee's Creek subreach, any landslide hazard area 15 feet from the landward edge of the marine bluff buffer (or landslide hazard area in the Lee's Creek subreach) 35 feet Vegetation conservation areas (VCA) are areas along the shoreline in which vegetation contributing to the ecological function of shoreline areas is protected and/or restored. VCA's are typically measured from the shoreline in a width landward of and perpendicular to the OHWM. The SR designation occurs on shorelands upland of the UC-R designation in Segments F, N and P. In these segments, the SR designation begins at the top of the marine bluff. In the Lee's Creek subreach (segment P), the SR designation begins at the waterward lot lines of the subject parcels. In accordance with critical area provisions in Chapter 3, the VCA in these areas reflects the required marine bluff buffer (or landslide hazard area in the Lee's Creek subreach). Page 57 New development shall be setback from the top of the marine bluff by a minimum of 65 feet (50-foot marine bluff buffer plus 15 feet). See Chapter 3 for additional critical area provisions. Public access viewing areas may be developed in unopened street ends. Development that provides access to the shoreline from bluff-top properties in this segment is prohibited. Page 58 New development shall be setback from the top of the marine bluff by a minimum of 65 feet (50-foot marine bluff buffer plus 15 feet). Public access viewing areas may be developed in unopened street ends. The Olympic Discovery/Waterfront Trail shall be maintained along the shoreline in the parallel UC-R designation. Page 59 As outlined above, the SR designation occurs on shorelands upland of the UC-R designation in Segment P. The SR designation begins at the top of the marine bluff; because the Lee's Creek subreach is a delta and lacks a true marine bluff, the SR designation begins at the waterward lot lines of the subject parcels. In accordance with critical area provisions in Chapter 3, the VCA in these areas reflects the required marine bluff buffer, or the landslide hazard area in the Lee's Creek subreach. New development shall be set back 15 feet from the top (landward boundary) of the marine bluff buffer, or 15 feet from the top of any landslide hazard area in the Lee's Creek subreach. Public access viewing areas may be developed in unopened street ends. The Olympic Discovery/Waterfront Trail shall be maintained along the shoreline in the parallel UC-R designation. 8. Aquatic-Harbor (A-H) Environment. a. Purpose. The purpose of the Aquatic-Harbor (A-H) Environment is to facilitate water- dependent uses and restoration of ecological functions within the Port Angeles Harbor. Waters and submerged lands within the Port Angeles Harbor are heavily used for commercial and recreational navigation, industrial activities and public access. b. Designation Criteria. An Aquatic-Harbor Environment designation will be assigned to the area waterward of the OHWM within Port Angeles Harbor, which include submerged lands lying westward of the City limit line extending from the easternmost tip of Ediz Hook southward to the Port Angeles City limits at the shoreline as of January 1, 2011. This designation excludes the lagoon at the base of Ediz Hook. Page 60 c. Management Policies. 1. New overwater structures should be prohibited except for water-dependent uses, public access, or ecological restoration, unless otherwise specified for a particular segment of adjacent shorelands. 2. The size of new overwater structures should be limited to the minimum necessary to support the structure's intended use. Overwater structures should be configured and located so as to avoid and reduce impacts to ecological functions or critical saltwater habitats. 3. Provisions for the Aquatic-Harbor Environment should be directed toward accommodating appropriate water-dependent uses while maintaining ecological functions and restoring habitat for priority aquatic species. 4. All development in the Aquatic-Harbor Environment should be located and designed to minimize interference with surface navigation, minimize impacts to public views, and to allow for the safe, unobstructed passage of fish and wildlife, particularly those species dependent on migration. 5. Shoreline uses and modifications should be designed and managed to prevent degradation of water quality and alteration of natural hydrographic conditions. 6. Development of underwater pipelines and cables below the OHWM should include adequate provisions to ensure against substantial damage to the environment. 7. Abandoned and neglected structures that cause adverse visual impacts or are a hazard to public health, safety and welfare should be removed or restored to a usable condition consistent with the provisions of this program. 8. Environmental cleanup and remediation of contaminated sediments in the Aquatic- Harbor Environment is encouraged. 9. Aquatic-Conservancy (A-C) Environment. a. Purpose. The purpose of the Aquatic-Conservancy (A-C) Environment designation is to protect and enhance the unique characteristics and functions of the areas waterward of the ordinary high water mark outside the Port Angeles Harbor. b. Designation Criteria. An Aquatic Conservancy (A-C) designation will be assigned to areas waterward of the OHWM outside of Port Angeles Harbor within the City's Shoreline jurisdiction extending to the international boarder. The lagoon at the base of Ediz Hook is included in the Aquatic Conservancy designation. c. Management Policies. 1. Except for special situations involving a public benefit and water-dependent activities associated with the U.S. Coast Guard Base on Ediz Hook, overwater structures should not be allowed. 2. Diverse public access opportunities to water bodies should be encouraged provided they are compatible with protection of the shoreline ecology. 3. In appropriate areas, fishing and recreational uses of the water should be protected from competing water dependent uses that would interfere with these activities. 4. All developments and activities using navigable waters or their beds should be located and designed to minimize interference with surface navigation, to minimize adverse visual impacts, and to allow for the safe, unobstructed passage of fish and animals, particularly those whose life cycles are dependent on migration. 5. Development of underwater pipelines and cables should not be allowed except when upland alternatives exist. When permitted, such facilities should include adequate provisions to ensure against substantial or irrevocable damage to the environment. Page 61 6. Abandoned and neglected structures should be removed or restored to a usable condition consistent with the provisions of this program. C. Shoreline Use and Modification Matrices. 1. Shoreline Use Matrix. The following matrix (Table 1) indicates the uses allowed in specific shoreline environments. Where there is a conflict between the matrix and the written provisions in Chapters 2, 3, 4 or 5 of this SMP, the written provisions shall apply. The numbers in the matrix refer to footnotes, which may be found immediately following the matrix. These footnotes provide additional clarification or conditions applicable to the associated use or shoreline environment designation. Table 1. Shoreline Use Matrix P = The use may be permitted Page 62 C = The use may be permitted as a conditional use X = The use is prohibited SHORELINE USE High- Intensit y- Industr ial High- Intensit y- Marine High- Intensit y- Urban Upland s High- Intensit y- Mixed- Use Urban Conservan cy- Low Intensity Urban Conservan cy- Recreation Shorelin e Resident ial Aquati c- Harbo r 13 Aquatic- Conserva ncy 13 Agriculture X X X X X X X X X Mining X X X X X X X X X Forest practices (Not including log rafting) X12 X12 X X X X X NA NA Aquaculture P P P P X X X C C Commercial : Water- dependent X P P P X P1 X P C Water- related, water- enjoyment C P P P X P1 X C4 X Non- water- oriented C4 C4 P P4 X X X C4 X Boating facilities X P P P X P X P X Page 63 (including marinas)10 Industrial: Water- dependent P P X C8 X X X P C Water- related P P P C8 X X X X X Non- water- oriented P4 P4 P X X X X X X Flood hazard managemen t P P P P P P P NA NA Solid waste disposal X X X X X X X X X Governmen tal, educational, cultural and institutional facilities9 P P P P P9 P X C X Governmen t facility - Water- Dependent P P P P X X X P C Parking Parking (accessory) P P P P X P P X X Page 64 Parking (primary, including paid) X X X C2 X X X X X Recreation: Water- dependent P P P P P3 P1 P3 P P Water- enjoyment P P P P P3 P1 P P P Non- water- oriented P4 P4 P4 P4 X P1,4 X X X Public Access P P P P P3 P P P P Residential: Single- family residential X X P X X X P X X Multifamily residential X X P C11 X X P X X Land subdivision P P P P P5 P5 P X X Signs: On- premises P P P P X P6 X P14 X Off- premises14 X X X X X X X X X Page 65 Public, highway P P P P X P X X X Transportati on: Water- dependent P P P P C3 P X P C Non- water- oriented P7 P7 P P7 X C7 P X X Utilities (primary) P7 P7 P C7 C7 C7 C C7 C7 Shoreline Use Matrix Notes: 1. Only park concessions and recreational uses that enhance the opportunity to enjoy publicly accessible shorelines may be allowed. 2. Parking as a primary use is prohibited within shoreline jurisdiction with the exception of in segment L (see Chapter 3, section 7). 3. Only passive activities that require little development with no significant adverse impacts may be allowed. 4. May be allowed only as part of a mixed-use development with water-dependent uses, or on a site that is physically separated from the shoreline by another property or public right-of-way. 5. Land division may be allowed only where the Administrator determines that it is for a public purpose. 6. Signs may be allowed only for public facilities and accessory uses within them. 7. Roadways and primary utilities may be allowed only if there is no other feasible alternative, as determined by the Administrator, and all adverse impacts are mitigated per the mitigation sequence detailed in Chapter 3, section 1. 8. Small-scale, water-oriented fabrication and processing, such as repair of hand-launched boats and custom fish processing, may be allowed only where the Administrator determines there are no significant adverse impacts. 9. May be allowed in shoreline jurisdiction only if water-oriented (see Chapter 5, section 6), and may be allowed in the Urban Conservancy-Low Intensity designation only if the development and use do not cause significant ecological impacts. These types of uses and developments are allowed over water only if they are water-dependent, provide public access, or include a restoration component. 10. See Table 2 for moorage piles and mooring buoys. Page 66 11. Residential uses may be allowed in the HI-MU Environment only when located above an approved ground floor use. See PAMC Title 17. 12. Log handling and processing of forest products are allowed in the HI-I and HI-M Environments. See Chapter 5, § 5, Regulations 14 through 26. 13. Allowed in the aquatic environment only if allowed in the nearest upland environment. With regard to aquaculture, uses with no upland components may be authorized in the aquatic designations regardless of the adjacent upland designation with a CUP. 14. Over-water or off-premises signs may only be authorized if directional, informational or providing a public warning. 2. Shoreline Modification Matrix. The following matrix (Table 1) is the shoreline modification matrix. The matrix indicates the permitted, conditional, and prohibited modifications in all shoreline environmental designations. The numbers in the matrix refer to footnotes which may be found immediately following the matrix. These footnotes provide additional clarification or conditions applicable to the associated modification. Where there is a conflict between the matrix and the written provisions in Chapters 2, 3, 4 or 5, the written provisions shall apply. Table 1. Shoreline Modification Matrix P = May be permitted C = May be permitted as a conditional use only X = Prohibited; the use is not eligible for a variance or conditional use permit NA = Not applicable SHORELINE MODIFICATIONS High- Intensi ty- Indust rial High- Intensi ty- Marin e High- Intensi ty- Urban Uplan ds High- Intensi ty- Mixed- Use Urban Conserva ncy- Low Intensity Urban Conserva ncy- Recreatio n Shorelin e Residen tial Aquat ic- Harbo r 1 Aquatic- Conserva ncy 1 Shoreline stabilization: Bioengineering P P NA P P P P P3 P3 Revetments P P NA P C P C P P Bulkheads P P NA P X C C P P Breakwaters/jetti P P NA P X C X C C Page 67 es/rock weirs/groins Dikes, levees C C NA C C C C P3 P3 Environmental restoration P P P P P P P P P Clearing and Grading P P P P C P P NA NA Dredging NA NA NA NA NA NA NA P C4 Dredged material disposal P P P P X C X C4 C4 Hazardous waste cleanup P P P P P P P P P Fill P P P P C P C C5 C5 Piers, docks P P NA P X P X P C Moorage piles and mooring buoys NA NA NA NA NA NA NA P2 C2 Outfalls P P NA P C P P P C Shoreline Modification Matrix Notes: 1. Specific to all methods of shoreline stabilization, and piers and docks - allowed in the aquatic environment only if allowed in the nearest upland environment. 2. Private, non-commercial mooring piles and buoys are prohibited. 3. Soft stabilization measures may be allowed waterward of the OHWM if they restore ecological functions. 4. Previously unauthorized dredging and dredged material disposal may be allowed as part of construction of an approved use within the Aquatic Environments (e.g., buried outfall). Dredge material disposal according to PSDDA management plan may be allowed with a CUP. Page 68 5. Fill waterward of the OHWM that is for the purpose of restoring ecological functions or as part of a WDOE-approved environmental cleanup action is a permitted use and does not require a conditional use permit, unless the proposed fill material includes dredge spoils. CHAPTER 3 General Policies and Regulations 1. Generally Applicable Policies and Regulations. General policies and regulations are applicable to all uses in all shoreline environments that may occur along the City's shorelines. The "policies" listed in this SMP will provide broad guidance and direction and will be used by the City in applying the "regulations." The provisions of this SMP shall be administered consistent with constitutional and legal limitations. a. Applicability. The following policies and regulations apply to all uses and development in all shoreline environment designations. b. Policies. 1. In order to encourage shoreline restoration, the City will implement Washington State House Bill 2199 Chapter 405, 2009 Laws, codified as RCW 90.58.580. The City may grant appropriate relief from SMP provisions to applicable properties all along the City's shorelines, provided they meet the conditions of RCW 90.58.580 and the policies in this SMP. 2. In accordance with RCW 90.58.580, a Substantial Development Permit is not required for development on land that is brought under shoreline jurisdiction due to a shoreline restoration project. However, projects are still required to comply with the regulations of this Master Program. 3. Projects taking place on lands that are brought into shoreline jurisdiction due to a shoreline restoration project that caused a landward shift of the OHWM may apply to the Shoreline Administrator for relief from the SMP development standards and use regulations under the provisions of RCW 90.58.580. Any relief granted will be strictly in accordance with the limited provisions of RCW 90.58.580, including the specific approval of the Department of Ecology. 4. Where there is an irreconcilable conflict between water-dependent shoreline uses or physical public access and maintenance of views from adjacent properties, the water-dependent uses and physical public access should have priority, unless there is a compelling reason to the contrary. 5. All adverse impacts to the shoreline should be avoided or, if that is not possible, minimized to the extent feasible. Mitigation should be provided for any unavoidable impacts to ensure no net loss of ecological function. c. Regulations. 1. Except when specifically exempted by statute, all proposed shoreline uses and development, including those that do not require a shoreline permit, must conform to the Shoreline Management Act, Chapter 90.58 RCW, and to the policies and regulations of this SMP. 2. All proposed shoreline uses and development, including those that do not require a shoreline permit may be allowed only when consistent with the underlying City zoning, PAMC Title 17. 3. All new shoreline modifications must be in support of an allowable shoreline use that conforms to the provisions of this SMP. 4. Shoreline uses and modifications listed as "prohibited" shall not be authorized as a shoreline variance or shoreline conditional use permit. 5. Permit applicants shall submit management plans detailing application of pesticides, fertilizers and other chemicals as part of the permit application. Plans shall indicate the pesticide to be used and assurance that use of the chemical is approved for the intended Page 69 use and that the chemicals are applied per department of Agriculture or Department of Ecology regulations. The Shoreline Administrator will require the use of best management practices for fertilizer application in order to protect water quality. The public must be notified through announcements and on-site signage when chemicals are applied. 6. All shoreline uses and developments shall analyze the environmental impacts of the proposal and include measures to mitigate environmental impacts not otherwise avoided or mitigated by compliance with the Master Program and other applicable regulations. Where required, the City will apply mitigation measures in the following sequence of steps listed in order of priority, with a. being top priority: a. Avoiding the impact altogether by not taking a certain action or parts of an action; b. Minimizing impacts by limiting the degree or magnitude of the action and its implementation by using appropriate technology or by taking affirmative steps to avoid or reduce impacts; c. Rectifying the impact by repairing, rehabilitating, or restoring the affected environment; d. Reducing or eliminating the impact over time by preservation and maintenance operations; e. Compensating for the impact by replacing, enhancing, or providing substitute resources or environments; and f. Monitoring the impact and the compensation projects (from subsection e. above) and taking appropriate corrective measures. 7. The City may allow fee payment in lieu of physical compensatory mitigation measures provided: a. There is an established program to restore ecological functions using those funds; b. The funds are sufficient to provide mitigation so that there is no net loss of ecological function; and c. There is a direct and demonstrated correlation between the impacted ecological functions and the restored functions that the fee will fund. 8. All shoreline development, uses and activities shall be located, designed, constructed and managed in a manner which: a. Minimizes adverse impacts to surrounding land and water uses and is aesthetically compatible with other existing or planned uses in the affected area; b. Avoids disturbance of and minimizes adverse impacts to fish and wildlife resources, including spawning, nesting, rearing and habitat areas and migratory routes; c. Minimizes interference with natural shoreline processes such as water circulation and sediment transport and accretion; d. Avoids adverse impacts to public health and safety; e. Minimizes the need for shoreline defense and stabilization measures and flood protection works, such as bulkheads, fill, levees, dikes, groins or substantial site regrades; and f. Utilizes effective erosion control methods during both project construction and operation in accordance with Volume II – Construction Stormwater Pollution Prevention of the Department of Ecology's SWMMWW (2014), or most recent update. 2. Archaeological and Historical Resources and Sites. a. Applicability. Page 70 1. The following provisions apply to standing historical structures, buildings, sites or districts and archaeological resources or sites that are either recorded at the Department of Archaeology and Historic Preservation, demonstrated or predicted by local jurisdictions, or have been discovered as part of a project action (for example the inadvertent discovery of a buried archaeological site during construction). 2. Archaeological sites located both within and outside of shoreline jurisdiction are subject to Chapter 27.44 RCW (Indian graves and records) and Chapter 27.53 RCW (Archaeological sites and records). Developments or uses that may impact such sites shall comply with Chapters 25-46 and 25-48 WAC as well as federal historical preservation laws and the provisions of this SMP. b. Policies. 1. Due to the limited and irreplaceable nature of historical and archaeological resources, all shoreline uses, activities and development should be prevented from adversely impacting, destroying or damaging any site having historical, cultural, scientific or educational value as identified by local, State or Tribal cultural resources or planning professionals. 2. The City's shoreline contains archaeological resources and sites demonstrating nearly 3,000 years of habitation by the Klallam People. The City will plan accordingly and apply additional, appropriate measures to ensure that important archaeological sites are identified and protected. 3. Significant archaeological and historical resources should be permanently preserved for scientific study, education and public observation. c. Regulations. 1. City Planning Staff shall review the information provided by the project applicant and consult in-house archaeological and historical reference materials, including but not limited to: a. City of Port Angeles' Archaeological Predictive Model; b. Washington State's online database of archaeological and historical resources (WISAARD). 2. Planning staff shall consult with the Lower Elwha Klallam Tribe on all shoreline projects with ground disturbing components. 3. Based upon the results of consultation with the Tribe, City planning staff or the authorized approval body may add conditions to the project permit in order to require the identification and protection of historical and archaeological resources that might otherwise be adversely affected by the project. These conditions will adhere to standard and accepted professional cultural resources practices. 4. In addition to any other conditions that may be imposed on a project, all shoreline permits shall contain provisions requiring developers and property owners to immediately cease work and notify the City Planning Department, Department of Archaeology and Historic Preservation and affected Indian Tribes if any items of possible archaeological interest are uncovered during excavations. In such cases, the developer or property owner shall be required to allow a site inspection and evaluation by an archaeologist meeting the federal Secretary of the Interior's standards for a professional archaeologist. The professional archaeologist shall ensure that any inadvertent archaeological discoveries are properly recorded, reported, and mitigated prior to the resumption of the project. 5. The City may require that development be postponed in such areas to allow investigation of public acquisition potential and/or retrieval and preservation of significant artifacts. 6. The City may deny a permit based upon archaeological conditions when the City determines that a site has significant archaeological, natural, scientific or historical value. No shoreline permit shall be issued which would pose a threat to a significant archaeological site. Page 71 7. In the event that unforeseen factors constituting an emergency as defined in WAC 173-27- 040(2)(d), necessitate rapid action to retrieve or preserve artifacts or data, the project may be exempted from the requirement to obtain a substantial development permit. The City shall notify the State Department of Ecology, the State Attorney General's Office, the State Historic Preservation Office, and the Lower Elwha Klallam Tribe of the exemption in a timely manner. 8. Historical or archaeological resources shall be considered in park, open space, public access and site planning, with access to such areas designed and managed so as to give maximum protection to the resource and surrounding environment. 9. Interpretation of historical and archaeological features (e.g., informational or interpretive panels along trails) shall be provided as part of public projects when the Shoreline Administrator, in consultation with the Lower Elwha Klallam Tribe, determines that it is appropriate based on the sensitivity of the features, interpretive opportunities, and other relevant circumstances. 3. Critical Areas (General). a. Applicability. The following policies and regulations apply to all critical areas within shoreline jurisdiction, as defined in the City of Port Angeles Environmentally Sensitive Areas Protection regulations (Title 15 PAMC). As outlined in Chapter 1, provisions in Title 15 pertaining specifically to fish and wildlife habitat areas, locally unique features and geologically hazardous areas (PAMC Chapter 15.20), wetlands protection (PAMC Chapter 15.24), and flood damage prevention (PAMC Chapter 15.12) shall be applicable along with regulations contained in this SMP. Modifications to the Environmentally Sensitive Area provisions in Title 15 PAMC as they apply in shoreline jurisdiction are detailed below. The version of the City's Environmentally Sensitive Areas Protection regulations referenced in this document shall refer to those codified by Ordinances #2655 and #2656, dated November 29, 1991 and most recently amended by Ordinance #3367, dated September 15, 2009 (Appendix D). b. Policies. 1. Protect unique, rare and fragile environments, including marine bluffs, stream ravines, wetlands and fish and wildlife habitat conservation areas, from impacts associated with shoreline use and development. 2. Locate and design shoreline uses and development to minimize risks to people, property, and critical areas associated with geologically hazardous areas and frequently flooded areas. Non-infiltrating LID techniques shall be incorporated into the design of shoreline areas to minimize flooding in critical areas, where feasible. 3. Provide a level of protection to critical areas within shoreline jurisdiction that assures no net loss of shoreline ecological functions necessary to sustain shoreline natural resources. To achieve this policy, the City has incorporated appropriate portions of its Environmentally Sensitive Areas Protection regulations into this SMP by reference. c. Regulations. Environmentally sensitive areas in shoreline jurisdiction are regulated by the Port Angeles Environmentally Sensitive Areas Protection regulations, codified under Title 15 PAMC, which is herein incorporated into this SMP by reference, except as modified below: 1. If provisions of the Environmentally Sensitive Areas Protection regulations and other parts of the SMP conflict, the more specific regulation shall apply. 2. Provisions of the Environmentally Sensitive Areas Protection regulations that are not consistent with the Shoreline Management Act, Chapter 90.85 RCW, and supporting Washington Administrative Code chapters shall not apply in shoreline jurisdiction. In particular: Page 72 a. Provisions of the Environmentally Sensitive Areas regulations that include a "reasonable use exception" shall not apply within shoreline jurisdiction. Specifically, subsections 15.20.080.A.1, 3 and 6, and 15.24.070.E, PAMC, do not apply. Such requests shall require a shoreline variance. b. Provisions of the Environmentally Sensitive Areas Protection regulations relating to variance procedures and criteria do not apply in shoreline jurisdiction. Variance procedures and criteria have been established in this SMP, Chapter 7 section D and in Washington Administrative Code WAC 173-27-170(4). c. Provisions of the Environmentally Sensitive Areas Protection provisions relating to nonconforming activities do not apply in shoreline jurisdiction, specifically section 15.24.090 PAMC. Nonconforming use and development provisions have been established in this SMP, Chapter 7 section F. 3. The provisions of the Environmentally Sensitive Areas Protection regulations do not extend the shoreline jurisdiction beyond the limits specified in this SMP. For regulations addressing portions of critical areas and buffers that are outside the shoreline jurisdiction, see Environmentally Sensitive Areas Protection regulations, Chapters 15.20 and 15.24 PAMC. 4. Critical Areas (Critical Saltwater Habitats and Habitat Areas for Priorit y Species and Species of Concern). a. Applicability. For the purposes of this SMP, critical saltwater habitats shall include those defined in WAC 173-26-221(2)(iii)(A). This includes: Kelp beds, eelgrass beds, fish spawning and holding areas for herring, sand lance and smelt, subsistence, commercial and recreational shellfish beds, mudflats, intertidal habitats with vascular plants, and areas with which priority species have a primary association. Habitat Areas for Priority Species and Species of Concern are addressed in subsection 15.20.070.D of the PAMC. Priority Habitats and Priority Species are defined in Chapter 6. Areas containing Priority Habitats and Species have been identified in map series 14 in the Shoreline Inventory, Analysis and Characterization Report, dated June 2012 (Appendix B). b. Policies. 1. Protect critical saltwater habitats in recognition of their importance to the marine ecosystem of the City of Port Angeles and the State of Washington. 2. Water-dependent uses, including recreational facilities, marinas, transportation facilities, and some utility crossings may be permitted in critical saltwater habitats, provided that the proposed activity or structure will not result in a net loss of ecological functions or habitat. 3. Ecological functions of marine shorelands can affect the viability of critical saltwater habitats. Therefore, uses and development on shorelands adjacent to aquatic areas where critical saltwater habitats exist should avoid directly or indirectly changing the composition of the beach and bottom substrate. The re-establishment of natural erosion and sediment transport processes should be encouraged. 4. Shoreline uses and development should be located and designed to avoid adverse impacts to critical saltwater habitats. 5. The inclusion of commercial shellfish aquaculture in the critical saltwater habitat definition should not limit its regulations as a use. 6. Impacts to habitat supporting priority species and species of concern should be avoided and minimized to ensure such populations do not decline and so that populations of recreationally important species are maintained. Measures specific to protection of priority habitats and species, such as Marbled Murrelet, should be considered as conditions of permit approval. c. Regulations. 1. Water-dependent development and uses, including marinas, docks, piers, mooring areas, bridges, underwater parks, utility crossings, shoreline modifications, and other human-made Page 73 structures shall not intrude into or be built or located over critical saltwater habitats, unless the applicant shows that all of the following conditions have been met: a. The use preference listing in RCW 90.58.020 for uses in Shorelines of Statewide Significance have been adhered to: • Recognize and protect the statewide interest over local interest; • Preserve the natural character of the shoreline; • Result in long-term over short-term benefit; • Protect the resources and ecology of the shoreline; • Increase public access to publicly owned areas of the shorelines; • Increase recreational opportunities for the public in the shoreline; • Provide for any other element as defined in RCW 90.58.100 deemed appropriate or necessary. b. The public's need for such a development or use is clearly demonstrated and the proposal is consistent with protection of the public trust, as embodied in RCW 90.58.020. c. An alternative alignment or location on the applicant's property that would avoid impacts to critical saltwater habitats is not feasible or would result in unreasonable and disproportionate cost to accomplish the same general purpose. This shall be documented through an alternatives analysis as part of the application process. d. The project is consistent with the state and local interests in resource protection and species recovery. e. Impacts to critical saltwater habitat functions are avoided and mitigated to result in no net loss of ecological function. 2. Except when associated with an authorized use, development or restoration project aquatic herbicide and pesticide treatments and mechanical removal of vegetation shall not occur in or over critical saltwater habitats. 3. Sand, gravel or other materials shall be neither added to nor removed from critical saltwater habitats, except when part of an authorized use or development or as allowed in Regulation 1 above. 4. New outfalls (including stormwater and sewer outfalls) and discharge pipes shall not be located in critical saltwater habitats or in areas where outfall or discharge will adversely affect critical saltwater habitats or water quality unless the applicant can show that all of the following have been met: a. There is no alternative location for the outfall or pipe; b. The outfall or pipe is placed below the surface of the beach or bed of the water body; c. The outfall discharges waterward of the intertidal zone; d. The disturbed area will be revegetated with site appropriate plants; e. The discharge point(s) on the outfall or discharge pipe is located so the discharges, including nutrients in the discharge and currents, do not adversely affect critical saltwater habitats and water quality. 5. Prior to construction, all overwater and near-shore developments shall conduct an inventory of the project site and adjacent beach sections to assess the presence of critical saltwater habitats. The methods and extent of the inventory shall be consistent with accepted research methodology. New inventories may not be required when the Administrator determines that Page 74 existing information and studies or inventories are current, adequate, and were conducted as required and document compliance with all of the regulations set forth above. 6. Habitat Areas, Priority Species and Species of Concern shall be protected in accordance with subsection 15.20.070.D of the PAMC, as incorporated into this SMP. Studies, reports and/or habitat management plans as required by that section may also address the critical saltwater habitat provisions outlined above, where the two critical areas overlap or exist concurrently. Where these areas overlap with vegetation conservation areas as identified in Chapter 2 and described in section 12 of this chapter, required plans or studies may be combined as long as all provisions required by both sections are addressed. 5. Critical Areas (Geologically Hazardous Areas). a. Applicability. Geologically hazardous areas are susceptible to severe erosion, slide activity, or other geologic events. Along the Port Angeles shoreline, high marine bluffs are the most visible type of geologically hazardous area, although other hazards also exist. More severe hazard areas are not suitable for placing structures or locating activities or uses due to the inherent threat to public health and safety. Vegetation removal from sites with or adjacent to unstable slopes alters surface runoff and groundwater infiltration patterns, which can lead to increased slope instability. A certain level of erosion of shorelines and marine bluffs is natural to the Puget Sound area. Erosion from "feeder bluffs" is a primary source of sand and gravel found on beaches, including accretion beaches (gravel bars, sand spits and barrier beaches). b. Policies. 1. New development or the creation of new lots should not cause any foreseeable risk from geological conditions to people or improvements during the expected life of the development. 2. Permit development where no slope protection (e.g., bulkheads, riprap, retaining walls, etc.) is necessary and where nonstructural protection (e.g., shoreline setbacks) will be sufficient for the life of the structure (at least 75 years). c. Regulations. Regulations for geologically hazardous areas are set forth in Chapter 15.20 PAMC, as incorporated into this SMP. Note that in addition to the setbacks from hazard areas applied therein, vegetation conservation within these areas shall be required by as outlined in section 12 of this chapter. Additional standards for marine bluffs are presented below. 1. Development on properties adjacent to marine bluffs shall observe a 50-foot marine bluff buffer as established in subsection 15.20.070.B.2 PAMC, as incorporated into this SMP. In addition, 15-foot setback for all structures is required from the landward edge of the marine bluff buffer. No development shall be allowed closer than 65 feet from the top of a marine bluff without a variance, unless otherwise allowed in section 12 of this chapter. 2. Proposals requiring a variance for development within 65 feet of the top of a marine bluff as outlined above shall be required to submit a geotechnical engineering report, prepared in accordance with the requirements of this SMP and Title 15, PAMC. The geotechnical engineering report shall: • Be prepared by a Washington State licensed professional civil engineer with a specialty in geotechnical engineering or an engineering geologist with a Washington specialty license in engineering geology as specified in RCW 18.220, Page 75 • Be professionally stamped, • Be based upon the best available science, • Consider existing and proposed uses, • Include risks of slope failure, • Include coastal erosion rates over at least 75 years, based in part on anticipated sea level rise and storm frequency, • Document how, and include a certification that the proposed structure will not be in danger from erosion for at least 75 years, • Include vegetation enhancement and low impact development measures that might be used as a means of reducing undesirable erosion, • Address the requirements outlined in PAMC 15.20.060.C, and • Outline how the proposal meets all of the variance criteria in Chapter 7 of this SMP. 3. Surface drainage shall be directed away from marine bluffs. When no other solution is feasible, surface drainage piping may be located on the face of a steep slope when contained in a tight line (closed, non-leaking pipe) properly secured to avoid erosion caused by movement of the pipe, and designed in such a way that erosion will not be exacerbated at the base of the bluff and that physical access along the shoreline is not degraded. Furthermore, conditions may be applied to mitigate for aesthetic or habitat impacts of drainage systems as viewed from public areas. 4. See Chapter 4 for provisions relating to shoreline stabilization measures. 5. Development (stair towers or other structures) built over the marine bluff face to the shoreline is prohibited. 6. Vegetation management for viewshed enhancement and hazard tree removal may be allowed, as authorized by the Administrator. In addition to the standards in Section 15.20 PAMC (as incorporated into this SMP), best pruning and management practices as established by the Tree Care Industry shall be followed, no cut vegetation may remain on the bluff face, and exposed soils shall be stabilized immediately after the completion of work. 6. Critical Areas (Wetlands). a. Applicability. Wetlands in shoreline jurisdiction shall be protected in accordance with Chapter 15.24 PAMC, as incorporated into this SMP. Modifications to Chapter 15.24 PAMC as it will be applied in shoreline jurisdiction are outlined below. b. Policies. 1. Wetlands should be protected from alterations to ensure there is no net loss of wetland acreage and functions. The greatest protection should be provided to wetlands of exceptional resource value, defined as those wetlands that include rare, sensitive or irreplaceable systems such as: a. Documented or potential habitat for an endangered, threatened or sensitive species; b. High-quality native wetland systems; c. Significant habitat for fish or aquatic species as determined by the appropriate state resource agency; d. Diverse wetlands exhibiting a high mixture of wetland classes and subclasses; e. Mature forested wetland communities; f. Estuarine wetlands, kelp beds or eelgrass beds. Page 76 2. Wetland buffers should be maintained between a wetland and any adjacent development to protect the functions and values of the wetland. 3. Wetland restoration, creation and enhancement projects should result in increased wetland acreage and/or improved wetland functions. 4. Proposals for wetland restoration, creation or enhancement should be coordinated with appropriate resource agencies to ensure adequate design and consistency with other regulatory requirements. c. Regulations. 1. General. a. For identifying and delineating a wetland, applicants shall use Section 15.24.040.C PAMC and the most recent edition of the U.S. Army Corps of Engineers (2010) Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Western Mountains, Valleys, and Coast Region (Version 2.0). Wetland delineations are valid for five years. b. For the purpose of this document, the definition of wetland is: "Wetland" or "wetlands" means areas that are inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. Wetlands do not include those artificial wetlands intentionally created from non-wetland sites, including, but not limited to, irrigation and drainage ditches, grass-lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds, and landscape amenities, or those wetlands created after July 1, 1990, that were unintentionally created as a result of the construction of a road, street, or highway. Wetlands may include those artificial wetlands intentionally created from non-wetland areas created to mitigate conversion of wetlands. c. For the purpose of this document, the definition of hydric soils shall not apply. The definition of hydric soil shall be derived from the language in the Corps of Engineers Wetland Delineation Manual and the U.S. Army Corps of Engineers (2010) Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Western Mountains, Valleys, and Coast Region (Version 2.0). d. For Category 1 and 2 wetlands, the applicant, in addition to complying with the provisions above, shall demonstrate that there is a compelling public need for the proposed activity or that denial of the permit would impose an extraordinary hardship on the applicant brought about by circumstances peculiar to the subject property. e. Wetlands - Ratings. Wetlands shall be rated according to the Washington State Department of Ecology wetland rating system found in the "Washington State Wetland Rating System for Western Washington", revised April 2004 (Ecology Publication No. 04-06-025, or as revised and approved by Ecology). f. The wetland rating system determines wetland buffers and replacement ratios. Wetland ratings using the system outlined in regulation 1e above shall result in wetland categories as outlined below, instead of those categories found in subsection 15.20.040.D.1 PAMC. Additionally, the wetland functional assessment process as outlined in section 15.24.045 PAMC does not apply in shoreline jurisdiction. Washington State Four-Tier Wetlands Rating System: i. Category I wetlands are: (1) relatively undisturbed estuarine wetlands larger than one acre; (2) wetlands that are identified by scientists of the Washington Natural Heritage Program/DNR as high-quality wetlands; (3) bogs; (4) mature and old- Page 77 growth forested wetlands larger than one acre; (5) wetlands in undisturbed coastal lagoons; and (6) wetlands that perform many functions well (scoring 70 points or more). These wetlands: (1) represent unique or rare wetland types; (2) are more sensitive to disturbance than most wetlands; (3) are relatively undisturbed and contain ecological attributes that are impossible to replace within a human lifetime; or (4) provide a high level of functions. ii. Category II wetlands are: (1) estuarine wetlands smaller than one acre, or disturbed estuarine wetlands larger than one acre; (2) interdunal wetlands larger than one acre; (3) disturbed coastal lagoons or (4) wetlands with a moderately high level of functions (scoring between 51 and 69 points). iii. Category III wetlands are: (1) wetlands with a moderate level of functions (scoring between 30 and 50 points); and (2) interdunal wetlands between 0.1 and one acre. Wetlands scoring between 30 and 50 points generally have been disturbed in some ways and are often less diverse or more isolated from other natural resources in the landscape than Category II wetlands. iv. Category IV wetlands have the lowest levels of functions (scoring fewer than 30 points) and are often heavily disturbed. These are wetlands that we should be able to replace, or in some cases to improve. However, experience has shown that replacement cannot be guaranteed in any specific case. These wetlands may provide some important functions, and should be protected to some degree. g. For purposes of the SMP, the definition of regulated wetlands in subsection 15.24.020.Y excludes the statement "Regulated wetlands do not include Category II and III wetlands less than 2,500 square feet and Category IV wetlands less than 10,000 square feet." In shoreline jurisdiction, all wetlands shall be regulated regardless of size. 2. Wetland Buffers. a. Wetland buffers as required in PAMC 15.24.070.C shall be retained in their natural condition. Where buffer disturbance has occurred during construction, revegetation with native vegetation is required. Developments and activities shall not be allowed within the buffer except for: i. Activities outlined in subsection 15.24.050.B PAMC, except for Class IV general Forest Practices, which shall be regulated by this chapter, provided such activities comply with SMP mitigation sequencing requirements in section 1 of this chapter and result in no net loss of shoreline ecological function. Timber harvesting with associated development activity involving land conversions from Forest Use, or otherwise meeting the DNR definition as a Class IV General application, shall comply with the provisions of this Ordinance including the maintenance of buffers, where required. If harvest or development is proposed within an Environmentally Sensitive Area or its buffer, a habitat management plan is required. ii. Activities outlined in subsection 15.24.050.A.11 of the PAMC, provided such activities comply with mitigation sequencing requirements in section 1 of this chapter and result in no net loss of shoreline ecological functions. Limited trail spurs to the water's edge, when located and designed consistent with the mitigation sequence, shall be permitted. iii. Subsection 15.24.070.C.7.a shall not apply in shoreline jurisdiction. iv. Standard wetland buffer width averaging as outlined in subsection 15.24.070.C.4.e PAMC shall be limited to 25 percent of the standard buffer width. Buffer width averaging and buffer width reductions, as described in subsection 15.24.070.C.3 shall not be used together. Page 78 b. The location of all required buffer zones shall be clearly and permanently marked on any project site prior to initiation of site work. 3. Mitigation and Development. a. Mitigation shall be as required in the City's Wetland Protection Ordinance, section 15.24.070 PAMC. However, the wetland mitigation rations in subsection 15.24.070.H.6.b shall not apply; in shoreline jurisdiction, the compensatory mitigation ratios below shall apply. b. In shoreline jurisdiction, wetlands shall be replaced at the following ratio (acreage replaced to acreage lost). Wetland Mitigation Ratios Category and Type of Wetland Creation or Re-establishment Rehabilitation Enhancement Category I: Bog, Natural Heritage site Not considered possible Case by case Case by case Category I: Mature Forested 6:1 12:1 24:1 Category I: Based on functions 4:1 8:1 16:1 Category II 3:1 6:1 12:1 Category III 2:1 4:1 8:1 Category IV 1.5:1 3:1 6:1 Buffer impacts shall be mitigated at a ratio of 1:1. c. Where restoration, creation or enhancement activities are proposed, the applicant shall be required to: i. File a performance bond or other approved security in an amount equal to no less than 150 percent of the estimated cost of the compensation plan. The cost shall include estimated amounts associated with fulfillment of the compensations project, monitoring program, and any contingency measures; and ii. Compensation areas shall be permanently protected through legal instruments such as sensitive area tracts, conservation easements or comparable use restrictions. 7. Parking. Page 79 a. Applicability. Parking is the temporary storage of motorized vehicles and/or trailers. The following provisions apply to parking that is "accessory" to a permitted shoreline use unless otherwise noted. b. Policies. 1. Parking should be planned to achieve optimum use. Where possible, parking should serve more than one use (e.g., serving recreational use on weekends, commercial uses on weekdays). 2. Parking facilities in shorelines are not a preferred use and unless otherwise outlined below, should be located outside of shoreline jurisdiction. 3. "Low impact development" techniques, such as permeable pavements, appropriate landscaping and on-site infiltration areas are encouraged to reduce the impacts of parking facilities. c. Regulations. 1. Parking as a primary use or parking that serves a use not permitted in the applicable shoreline environment designation shall be prohibited. Primary parking in the downtown HI- MU designation (Segment L) is exempt from this regulation. 2. Parking over water shall be prohibited (staging for ferry loading is exempt). 3. Parking in shoreline jurisdiction must directly serve a permitted shoreline use. Primary parking in the downtown HI-MU designation (Segment L) is exempt from this regulation. 4. Except in the HI-I, HI-UU and on the US Coast Guard Base, parking facilities serving individual buildings on the shoreline shall be located landward of the primary use, to minimize adverse impacts on the shoreline. 5. Parking for shoreline activities shall provide safe and convenient pedestrian circulation within the parking area and to the shoreline. 6. Parking areas shall include facilities to prevent surface water runoff from contaminating water bodies. 7. Lighting associated with parking lots shall be beamed, hooded, or directed to minimize and avoid illumination of the skyline (light pollution), water, setback areas, wetlands and other wildlife habitat areas. 8. Public Access. a. Applicability. Shoreline public access is the ability of the general public to reach, touch and enjoy the water's edge and the ability to have a view of the water and the shoreline from adjacent locations. Public access facilities may include parks, picnic areas, pathways and trails, viewing towers, piers and docks, bridges, boat launches and improved street ends. Shoreline public access should align with opportunities and priorities identified in the City of Port Angeles Comprehensive Plan, the Port of Port Angeles Strategic Plan, the Port Angeles Harbor Resources Management Plan, and the City's Trails Plan. b. Policies. 1. Public access should be considered in all private and public development proposals, with the exception of the following: a. One- and two-family dwelling units or subdivisions of land into less than four parcels; or b. Where deemed inappropriate or infeasible due to incompatible uses, health, safety, security and/or environmental concerns, and constitutional or other legal limits. Page 80 2. Developments, uses, and activities on or near the shoreline should not impair or detract from the public's access to the water or the rights of navigation. 3. In all project proposals, public access should be provided as close as possible to the water's edge without causing significant ecological impacts. All public access should be designed in accordance with the Americans with Disabilities Act. 4. Opportunities for public access should be identified on publicly owned shoreline properties. Public access opportunities afforded by shoreline street ends, public utilities and rights-of- way should be preserved. 5. Public access should be designed to provide for public safety and comfort and to minimize potential impacts to private property and individual privacy. 6. Public views from shoreline upland areas should be enhanced and preserved. View enhancement does not mean the excessive removal of existing vegetation that impairs views. 7. Publicly funded public access projects should include interpretive displays. 8. Commercial and industrial development on the waterfront should be encouraged to provide a means for visual and physical access to the shoreline area wherever feasible. 9. Shoreline development by private entities should provide public access when the development would either generate a public demand for one or more forms of such physical or visual access, or would impair existing legal access opportunities or rights. 10. Public health and safety concerns associated with community or public access sites should be adequately mitigated. 11. Where feasible, providers of shoreline public access should consider: a. Locate and design public access improvements in a manner that is compatible with the shoreline character and avoids adverse impacts to shoreline ecological processes and functions; and b. Ensure public access improvements and amenities are safe, respect individual privacy, and avoid or minimize visual impacts from neighboring properties; and c. Provide maps, signage, and orientation information to inform the public of the presence and location of privately held shorelands, especially those adjacent to public access and recreational areas; and d. Incorporate programs, signage and informational kiosks into public access locations, where appropriate, to enhance public education and appreciation of shoreline ecology and areas of historical or cultural significance. c. Regulations. 1. Unless otherwise excepted or demonstrated infeasible as outlined below, public access is required for the following developments: a. Land division into more than four lots and planned residential developments (PRDs). b. Non-water-oriented uses. c. Water-related and water-enjoyment commercial uses. d. Development on public land or by public entities, including the City, Port of Port Angeles, Olympic Medical Center, and public utility districts. e. Development or use that will interfere with an existing public access way. Impacts to existing public access may include blocking access or discouraging use of existing on- site or nearby access sites. Page 81 f. When public access is required in Segment O of the HI-MU designation, opportunities for moving or providing spurs of the Olympic Discovery/Waterfront Trail to the shoreline shall be explored. 2. Public access is not required as part of development if any of the following conditions apply: a. The development is a single-family residence not part of a development planned for more than four parcels or the development is accessory to a single-family residence. b. Public access is demonstrated to be infeasible or undesirable due to reasons of incompatible uses, safety, security, or impact to the shoreline environment. In those instances, alternative means of providing public access shall be proposed. c. Where constitutional or legal limitations apply. Where on-site public access is not required because of above condition b, the City shall consider alternate methods of providing public access such as off-site improvements, viewing platforms, separation of uses through site planning and design, and restricting hours of public access. 3. Required public access shall be conditioned in the applicable shoreline permit so as to describe the impact necessitating access and how the required public access condition(s) address such impact. Public access areas or facilities shall comply with the mitigation sequence in Section 1 of this chapter. 4. Shoreline developments (including land division into more than four lots and PRDs) shall minimize adverse impacts to public views of shorelines from public land or substantial numbers of residences. 5. Public access provided by shoreline street ends, public utilities, and rights-of-way shall not diminish. Street ends and rights-of-way shall only be vacated in accordance with the requirements of RCW 35.79.035. 6. Public access sites shall be connected directly to the nearest public street or public right-of- way and shall include provisions for physically impaired persons, where feasible. 7. Required public access sites shall be fully developed and available for public use at the commencement of the approved use or activity. 8. Public access easements and/or permit conditions shall be recorded on the title and/or on the face of a plat. Recording of easements with the County Assessor's Office shall occur at the time the use or development is approved and prior to commencement of the approved use. Proposed public access easements shall be submitted to the Administrator for review prior to project approval. 9. The minimum width of public access corridors shall be sufficient to provide clearly marked, safe access to the shoreline. The Shoreline Administrator will consult the Harbor Resource Management Plan and the City's Trail Plan in determining the required type and scope of public access improvements. 10. Public access opportunities shall be included in the planning and design of ecological restoration projects. 11. Signs that indicate the public's right of access and hours of access shall be installed and maintained by the applicant in conspicuous locations at public access sites. Signs may control or restrict public access per conditions of permit approval. 12. Future actions by the applicant, successors in interest, or other parties shall not diminish the usefulness or value of the public access provided. 13. Except where precluded by specific provisions elsewhere in this SMP, public access facilities may be developed over water provided that all significant ecological impacts are mitigated to achieve no net loss of ecological functions. Page 82 14. Efforts to implement the public access provisions of this section shall be consistent with all relevant constitutional and other legal limitations on regulation of private property and the principles of nexus and proportionality. 15. Public access requirements on privately owned lands shall be commensurate with the scale and character of the development and should be reasonable, effective and fair to all affected parties including, but not limited to, the landowner and the public. 9. Shorelines of Statewide Significance. a. Applicability. Within the City of Port Angeles' jurisdiction, all marine waters waterward of extreme low tide are shorelines of statewide significance. Note that, while many of the policies relate to upland development and activities, they bear directly on aquatic and shoreline resources, including those below extreme low tide. b. Policies. In implementing the objectives of RCW 90.58.020 for shorelines of statewide significance, the City has and will continue to base decisions in preparing and administering this SMP on the following policies in order of priority, 1. being the highest and 6. being lowest. 1. Recognize and protect the statewide interest over local interest. a. Take into account state agencies' policies, programs and recommendations in developing and administering use regulations and in approving shoreline permits. Solicit comments, opinions and advice from individuals with expertise in ecology and other scientific fields pertinent to shoreline management. b. Maintain space for unique facilities of statewide importance, including institutional, industrial and navigational activities supporting the maritime economy. 2. Preserve the natural character of the shoreline. a. Shoreline environments and use regulations should protect and restore the ecology and environment of the shoreline. b. Cleanup and redevelop areas where development already exists, in order to reduce adverse impact on the environment and to accommodate future growth rather than allowing high intensity uses to extend into low-intensity use or underdeveloped areas. c. Protect and restore habitats for State-listed "priority species." d. Protect the natural characteristics of Ediz Hook. Where feasible, restore the shoreline ecology while recognizing the need for shoreline stabilization on the shoreline facing the Strait and the accommodation of preferred uses such as public access. 3. Support actions that result in long-term benefits over short-term benefits. a. In general, preserve resources and values of shorelines of statewide significance and restrict or prohibit uses and development that would irretrievably damage shoreline resources. b. Retain, to the extent possible, water-dependent industrial uses. 4. Protect the resources and ecology of the shoreline. a. All shoreline uses and development should be managed to ensure no net loss of ecological functions and should avoid disturbance of wildlife resources, including spawning, nesting, rearing and feeding habitats and migratory routes. b. Protect and enhance natural erosion and sediment transport processes. c. Take steps to remove from the harbor area contaminated sediments and other artificially placed materials, such as wood waste, abandoned structures, etc. Page 83 d. Manage the water area for maximum benefit and environmental quality. e. Protect and restore estuarine and riparian habitats, especially at Ennis Creek. f. Implement the recommendations of the Environmental Restoration Plan (Appendix D). 5. Increase public access to publicly owned areas of the shoreline. a. Give priority to developing paths and trails to shoreline areas and linear access along the shorelines. New and replaced trail surfaces shall use permeable materials, where feasible. b. Maintain and enhance the Olympic Discovery/Waterfront Trail through Port Angeles. c. Implement the public access recommendations of the 2011 Harbor Resources Management Plan (HRMP). 6. Increase public recreational opportunities on the shoreline. a. Plan for and encourage development of facilities for water-oriented recreational use of the shoreline areas including those along Ediz Hook, public parks and trails and along the downtown waterfront. b. Develop a park on publicly owned portions of the Oak Street site, which will augment the downtown waterfront as a recreational resource of statewide importance. c. Implement the recreational recommendations in the HRMP. 10. Signage. a. Applicability. A sign is defined as a device of any material or medium, including structural component parts, used to attract attention to the subject matter for advertising, identification or informative purposes. The following provisions apply to any commercial or advertising sign directing attention to a business, professional service, site, facility or activity, conducted or sold either on- or off-premises. b. Policies. 1. Signs should be designed and placed so that they are compatible with the aesthetic quality of the existing shoreline and adjacent land and water uses. 2. Signs should not block or otherwise interfere with visual access to the water or shorelands. c. Regulations. 1. All signs in shoreline jurisdiction shall meet the requirements of the Port Angeles Sign Code; PAMC 14.36. 2. Prohibited Signs: The following types of signs are prohibited in the shoreline jurisdiction: a. Off-premises outdoor advertising signs. b. Spinners, streamers, pennants, flashing lights and other animated signs used for commercial purposes. c. Signs placed on trees or other natural features. d. Overwater signs and signs on floats or pilings advertising for goods, services, or businesses. Overwater directional, informational, or public warning signs may be permitted. 3. Allowable Signs: The following types of signs may be allowed in all shoreline environments: a. Water navigational and highway signs necessary for operation, safety and direction. Page 84 b. Public information signs directly relating to a shoreline use or activity. Public information signs shall include public park signs, public access identification signs and warning signs. c. Off-premises, freestanding signs for public information or directional purposes only. d. Temporary decorations customary for special holidays and similar events of a public nature. e. Temporary directional signs to public or quasi-public events, when approved by the property owner and the city and removed within ten days following the event. 4. All signs shall be located and designed to avoid interference with vistas, viewpoints and visual access to the shoreline. 5. Lighted signs shall be hooded, shaded, or aimed so that direct light will not result in glare when viewed from surrounding properties or watercourses. 6. Temporary or obsolete signs shall be removed within ten days of the termination of the function, closures of business, or completion of elections. Examples of temporary signs include: real estate signs, directions to events, political advertisements, event or holiday signs, construction signs, and signs advertising a sale or promotional event. 11. Utilities (Accessory). a. Applicability. Utilities are services and facilities that produce, transmit, carry, store, process, or dispose of electric power, gas, water, sewage, communications, oil, solid wastes and the like. Accessory utilities are on-site utility features serving a primary use, such as a water, sewer, or gas line or telecommunications service. Accessory utilities do not carry significant capacity to serve other users and will be considered as part of the primary use. They are addressed in this section because they concern all types of development and have the potential to impact the quality of the shoreline and its waters. Primary utility uses and facilities, such as power generating and water treatment plants and transmission and main lines and pipes, are covered in Chapter 5. b. Policies. 1. Accessory utilities should be installed so as to protect the shoreline and water from contamination and degradation and to ensure no net loss of shoreline ecological functions. 2. Accessory utilities and corridors should be located outside of shoreline jurisdiction to the extent feasible. When utility lines require a shoreline location, they should be placed underground if feasible. 3. Accessory utilities should be designed and located in a manner which preserves the natural landscape and shoreline ecological processes and functions and minimizes conflicts with present and planned land uses. c. Regulations. 1. Accessory utilities shall be placed outside of shoreline jurisdiction when feasible. When accessory utilities must be placed within shoreline jurisdiction, they shall be placed underground, when feasible. Such utilities shall utilize existing rights-of-way, corridors, and/or bridge crossings whenever possible. Proposals for new corridors in shoreline areas involving water crossings must fully substantiate the infeasibility of existing routes. 2. Accessory utility development shall, through coordination with government agencies, provide for compatible multiple uses of sites and rights-of-way, when feasible. Such uses include shoreline access points, trails and other forms of recreation and transportation systems, Page 85 providing such uses will not unduly interfere with utility operations or endanger public health and safety. 3. Sites disturbed for accessory utility installation shall be stabilized during and following construction to avoid adverse impacts from erosion and, where feasible, restored to pre- project configuration and replanted with native vegetation. 4. Utilities that need water crossings shall be placed deep enough to avoid the need for bank stabilization during construction and in the future due to flooding and bank erosion that may occur over time. Boring is preferred over open trenching as a method of utility water crossing. 12. Vegetation Conservation. a. Applicability. The following provisions apply to any activity that results or has the potential to result in the removal of or impacts to shoreline vegetation, whether or not that activity requires a shoreline permit or exemption. Such activities include but are not limited to clearing, grading, grubbing, pruning or removal of vegetation. Provisions in this section generally outline vegetation protection and enhancement activities. Specific provisions for vegetation conservation in specific segments of the shoreline are presented in Chapter 2. Page 86 A "vegetation conservation area" (VCA) is an area within shoreline jurisdiction where vegetation, especially native vegetation, contributing to the ecological function of shoreline areas must be protected and where it has been removed or destroyed, should be restored. VCA's are generally measured from the shoreline a specific width landward of and perpendicular to the shoreline. A VCA is different than a setback or than an environmentally sensitive area buffer, although they may overlap. Setbacks are established to separate a building or structure from a specific feature, which features in this SMP include the OHWM or the landward edge of a critical area buffer. Activities in setback areas have fewer restrictions and may allow landscaping or nonstructural features such as roads or trails. Environmentally sensitive area buffers are similar to vegetation conservation areas in that they are intended to protect ecological functions. Buffers are intended to remain undisturbed and are typically treated as "no touch" areas. For environmentally sensitive areas in shoreline jurisdiction, this intent must be balanced with the policy goals of the Shoreline Management Act giving preference for a shoreline location to water-oriented uses, activities and public access. Not all of Port Angeles' shoreline areas are considered environmentally sensitive areas; where environmentally sensitive as defined in Chapter 6 exist in shoreline jurisdiction, the buffer has often also been designated as a VCA. In some shoreline segments, no environmentally sensitive areas exist; in these cases there may not be a buffer but there may be a VCA. As outlined in Chapter 2, if no VCA is assigned to a shoreline segment, uses or development on parcels with frontage on waters regulated by the SMP are still required to preserve existing native vegetation within shoreline jurisdiction or the shoreline setback (as applicable) to the extent feasible and in accordance with the regulations and allowances in this section. b. Policies. 1. Vegetation within the City shoreline areas should be enhanced over time to provide a greater level of ecological functions, human safety, property protection and aesthetic value. 2. The removal of invasive or noxious weeds and replacement with native vegetation is encouraged of all development activities. Removal of noxious or invasive weeds should be conducted using the least-impacting method feasible, with a preference given to manual removal, or if that is not practical, using mechanical rather than chemical means. 3. New development, including clearing and grading, should minimize significant vegetation removal in shoreline jurisdiction to the greatest extent feasible. Vegetation removal should be limited to the minimum necessary to accommodate the authorized use or development. When vegetation removal cannot be avoided, it should be mitigated to ensure no net loss of shoreline ecological functions. When native tree canopy is removed, replacement trees may be required in accordance with PAMC 11.13.050. 4. Selective pruning for view maintenance should comply with the standards of Chapters 15.20 and 15.24 PAMC, where applicable. 5. Ecological restoration should be considered as potential mitigation for impacts to shoreline resources and values resulting from water dependent commercial and industrial development or non-water-oriented development. c. Regulations. 1. Within VCAs, all native trees over six inches in diameter at four feet above average grade shall be retained. Snags and living trees shall not be removed within the required VCA unless a Certified Arborist determines them to be hazards or unless removed in accordance with regulation 6 below. Snags and living trees within the VCA which do not present a hazard shall be retained. Vegetation removal for views within VCAs that overlap marine bluffs and/or marine bluff buffers shall be prohibited when such removal has the potential to exacerbate erosion. Vegetation removal in these VCAs shall be authorized in accordance with Chapter Page 87 15.20 PAMC as incorporated into this SMP, and shall include mitigation. Tree topping is prohibited. 2. Within VCAs, native understory vegetation (shrub and herbaceous layers) shall remain intact. Exceptions are outlined in regulation 6 below. 3. Removal of invasive plant species shall be restricted to hand removal except where no reasonable alternative to herbicides exist, and weed control is demonstrated to be in the public interest. All removed plant material shall be taken away from the site and properly discarded. Revegetation with appropriate native species is required in conjunction with such removal. Replacement of non-native vegetation with native species shall be done in a manner that will not leave soil bare or vulnerable to erosion. 4. In order to create a new lot partially or wholly within shoreline jurisdiction, the applicant shall demonstrate that any VCA as required in Chapter 2 will be preserved and that all construction can occur outside of and without any impacts to such areas. Exceptions may be granted for activities outlined in regulation 6 below. 5. In the absence of a development proposal, existing, lawfully established landscaping and gardens within a vegetation conservation area may be maintained in their existing conditions, including but not limited to, mowing lawns, weeding, harvesting and replanting garden crops, and pruning and replacing ornamental trees or vegetation. Such areas may be maintained in the condition and appearance as they currently exist, provided this does not apply to areas previously established as mitigation sites or areas protected by conservation easements or similar restrictive covenants. 6. The following uses or activities may be allowed in VCAs and setbacks as established in Chapter 2 without a shoreline variance, provided such uses are designed, located, constructed and maintained in a manner that avoids and minimizes impacts to vegetation and achieves no net loss of shoreline ecological functions: a. Uses and activities allowed in subsections 15.20.080.D and 15.24.050.B of the PAMC, as incorporated into this SMP, when also allowed in the applicable shoreline environment. b. Public and pedestrian trails, pathways and boardwalks, piers, docks, launch ramps, viewing platforms, wildlife viewing blinds and other similar water oriented recreational or public access uses/developments. c. Authorized shoreline modifications, including shoreline restoration. d. Allowed water-dependent uses in all shoreline environments. Note that provisions in Chapter 2 may expressly prohibit or limit the type or location of encroachments into the VCA in specific shoreline segments or environment designations. For example, in the HI-UU designation, viewing towers or other public access points are only allowed on street ends or other publicly owned sites. In Segment O, encroachment into the VCA along tidally influenced portions of Ennis Creek is only allowed for public access or ecological restoration. Please see Chapter 2 for a full list of these limitations. 7. As a requirement of encroachment into the VCA or impacts to shoreline vegetation where there is no VCA for the activities authorized in regulation 6 above, mitigation in the form of vegetative restoration within the VCA may be required. If the use or development is within a shoreline segment that has not been assigned a VCA in Chapter 2 of this SMP, mitigation shall be in the form of either vegetating some portion of the project site where equal functions can be provided, or mitigating in focus areas as identified for each shoreline segment in Chapter 2. Mitigation shall be provided in an area that can be planted so as to be functionally equivalent to the area impacted, and at no less than a 1:1 ratio (area replaced to area lost). 8. The Shoreline Administrator may allow removal of vegetation exceeding that described in regulation 6 above by 15 percent of the total area of the VCA where an applicant agrees to Page 88 replacement plantings that are demonstrated to provide greater benefit to shoreline ecological functions than would be provided by strict application of this section, based upon findings of a qualified professional. 9. Non-water-oriented uses or development authorized within shoreline jurisdiction (only allowed as part of mixed use developments with water-dependent uses or in existing developed areas in support of water-dependent uses; see Table 1 and Chapter 5) shall provide mitigation as outlined in Chapter 5, section 4. Required mitigation shall follow the same location procedure as is outlined in regulation 7 above. 10. Proposed uses or development including vegetation removal, clearing or grading within shoreline jurisdiction must provide, as a part of the application package, a site plan, drawn to scale, indicating the extent of proposed clearing and/or grading and vegetation removal. The plan and application shall include all information required by other applicable sections of the PAMC, and at a minimum must demonstrate: a. Compliance with the mitigation sequence specific to proposed vegetation removal; b. That clearing or grading and vegetation removal are the minimum necessary to accommodate the proposed use; c. The ecological functions being provided by the shoreline vegetation proposed for removal; and d. How erosion will be controlled during construction. As outlined above, this plan may be combined with any other required site plan or plan set required for such project, including but not limited to, critical area reports/plans or construction plans. 11. Where establishment of shoreline vegetation is required by this SMP, the applicant shall consult with a qualified professional to prepare a shoreline revegetation and management plan. This plan may be combined with other required reports/plans necessary for the proposed use or development, as long as such plan documents compliance with all applicable requirements. In shoreline areas that are not also critical areas, a qualified professional may include a professional landscape ecologist or restoration biologist with professional training and experience related to shoreline ecology. The shoreline vegetation management plan shall include: a. Plant list and planting scheme, including a mixture of native trees, shrubs and groundcovers designed to improve shoreline ecological functions; b. Performance standards for evaluating the success of the mitigation or restoration project; c. Appropriate limitations on the use of fertilizer, herbicides and pesticides as needed to protect water quality; and d. A monitoring, reporting and maintenance program with conditions for replacement of plants that fail to survive. This plan shall be recorded with the Clallam County Assessor's office as a covenant against the real property or other protective assurance as authorized by the Shoreline Administrator. 13. Water Quality and Quantity. a. Applicability. The following section applies to all development and uses in shoreline jurisdiction. As used in this SMP, "water quality" means the physical characteristics of water within shoreline jurisdiction, including water quantity and hydrological, physical, chemical, aesthetic, recreation- related and biological conditions. Page 89 Where used in this SMP, provisions relating to water quantity refer to development and uses regulated under the SMP that affect or have the potential to affect water quantity, such as impermeable surfaces and stormwater handling practices. b. Policies. 1. In conjunction with applicable agencies, the City will continue to take action to improve water quality in the Port Angeles Harbor by: a. Improving treatment of sewer overflows and faulty septic systems. b. Aggressively pursuing stormwater quality measures, both within and outside shoreline jurisdiction. c. Other actions recommended in the Restoration Plan developed in conjunction with this SMP. 2. All shoreline uses and development should be located, designed, constructed, and maintained to avoid significant ecological impacts that alter water quality, quantity or hydrology. 3. The City should require appropriate setbacks, buffers, stormwater management facilities and encourage low-impact development techniques and materials to achieve the objective of avoiding negative impacts to water quality. 4. Shoreline use and development should minimize the need for chemical fertilizers, pesticides, or other similar chemical treatments to prevent contamination of surface and groundwater and/or soils, and adverse effects on shoreline ecological functions and values. c. Regulations. 1. All shoreline uses and development, both during and after construction, shall avoid or minimize adverse water quality impacts. 2. All shoreline uses and development shall conform to local, state and federal water quality regulations, provided the regulations do not conflict with this SMP. Should a conflict occur, the provision most protective of the resource shall apply. 3. The bulk storage of oil, fuel, chemicals, or hazardous materials, on either a temporary or permanent basis, shall not occur in shoreline jurisdiction wit hout adequate secondary containment and an emergency spill response plan in place. 4. All shoreline use and development activities approved under this SMP shall be designed and maintained consistent with the City's Stormwater Management Plan and Engineering Design Standards. CHAPTER 4 Shoreline Modification Provisions A. Introduction and Applicability. This chapter provides policies and regulations for shoreline modifications, including shoreline stabilization measures, docks and floats. The first section, General Policies and Regulations, applies to all shoreline modification activities. The general policies and regulations section is followed by policies and regulations tailored to specific shoreline modification activities. If a shoreline development entails more than one type of shoreline modification, then all of the provisions pertaining to each type of modification apply. Shoreline modifications are generally related to construction of a physical element such as a dike, breakwater, dredged basin, or fill, but they can include other actions such as clearing, grading, application of chemicals, or significant vegetation removal. Shoreline modifications usually are Page 90 undertaken in support of or in preparation for a shoreline use; for example, fill (shoreline modification) required for a cargo terminal (industrial use) or dredging (shoreline modification) to allow for a marina (shoreline use) (WAC 173-26-231(1)). "Shoreline Stabilization" is a class of shoreline modifications intended to address erosion impacts to property and structures. Shoreline stabilization measures can include structural measures such as sea walls, bulkheads, revetments, and breakwaters and can also include nonstructural measures such as setbacks and groundwater management. Shoreline stabilization measures are addressed in subsection B.2. of this chapter. Some shoreline modifications may be exempt from the requirement to obtain a shoreline substantial development permit (SSDP). Even though a shoreline modification may be exempt from requiring a shoreline substantial development permit, it must still conform to the regulations and standards in this SMP and may require a Shoreline Conditional Use permit. The City requires that a property owner contemplating a shoreline modification contact the City's Shoreline Administrator to determine whether the activity requires a permit or is exempt. No shoreline modification shall be undertaken without either a shoreline permit or a letter of exemption. Shoreline modifications may also be exempt from the requirement to obtain an SSDP when undertaken in emergency situations to protect property from damage by the elements. WAC 173-27-040(2)(d) defines an "emergency" as an unanticipated and imminent threat to public health, safety or the environment which requires immediate action within a time frame too short to allow full compliance with Chapter 173-27 WAC" (in other words, the time to obtain a shoreline permit or statement of exemption). Emergency construction does not include development of new permanent protective structures where none previously existed. Where new protective structures are deemed by the administrator to be the appropriate means to address the emergency situation, upon abatement of the emergency situation the new structure shall be removed, or any permit which would have been required, absent an emergency, pursuant to Chapter 90.58 RCW, WAC 173-27, or this Master Program shall be obtained. All emergency construction shall be consistent with the policies of Chapter 90.58 RCW and this Master Program. As a general matter, flooding or other seasonal events that can be anticipated and may occur but that are not imminent are not an emergency (WAC 173-27-040(2)(d)). The Shoreline Modification Matrix (Table 2) indicates which shoreline modifications may be permitted in each shoreline environment designation. B. Policies and Regulations. 1. General Policies and Regulations. a. Applicability. The following provisions apply to all shoreline modification activities whether such proposals address a single property or multiple properties. b. Policies. 1. Structural shoreline modifications should be allowed only where they are demonstrated to be necessary: a. To support or protect an allowed primary structure or a legally existing shoreline use that is in danger of loss or substantial damage; or b. For reconfiguration of the shoreline for mitigation or enhancement purposes. 2. The adverse effects of shoreline modifications should be reduced, to the greatest extent possible, and shoreline modifications should be limited in number and extent. 3. The City should take steps to assure that shoreline modifications individually and cumulatively do not result in a net loss of ecological functions. This is to be achieved by: Page 91 a. Preventing unnecessary shoreline modifications; b. Giving preference to those types of shoreline modifications that have a lesser impact on ecological functions; and c. Requiring mitigation of identified impacts resulting from shoreline modifications. 4. The City should consider shoreline modification proposals based on the best available scientific and technical information and a comprehensive analysis of site-specific conditions provided by the applicant, as stated in WAC 173-26-231(2)(e). 5. Where ecological functions have been impaired, the City should plan for the enhancement of the impaired functions where feasible and appropriate while accommodating permitted uses (WAC 173-26-231(2)(f)). As shoreline modifications occur, the City will incorporate all feasible measures to protect shoreline ecological functions and ecosystem-wide processes. 6. In reviewing shoreline permit applications, the City should require steps to reduce significant ecological impacts by following the mitigation sequence in Chapter 3, section 1. 7. Regulations for shoreline modifications should restrict shoreline armoring or other modification on shorelines which exist in their natural state. c. Regulations. 1. All new shoreline uses and development shall be located and designed to avoid the need for shoreline modifications, both at initiation and during the life of the use or development. 2. All shoreline modifications must be in support of a permitted shoreline use or to provide for human health and safety. 3. Structural shoreline modifications may be permitted only if nonstructural measures are unable to achieve the same purpose or are not feasible. 4. Proponents of shoreline modification projects shall obtain all applicable federal and state permits prior to the start of construction and shall meet all permit requirements. 5. Shoreline modification materials shall be only those approved by the City and applicable state and federal agencies. No toxic (e.g.: creosote) or quickly degradable materials (e.g., plastic or fiberglass that deteriorates under ultraviolet exposure) shall be used. 6. Shoreline modifications shall not cause significant adverse impacts to active sediment drift cells or natural geomorphic and hydrologic processes. New uses and development shall not be established where such will require future shoreline modifications. 7. Proposals for shoreline modification shall demonstrate compliance with the mitigation sequence in Chapter 3, section 1 of this SMP, and with applicable critical areas and vegetation conservation area provisions in Chapter 3. Permitting Requirements: 8. In addition to the application information required by Chapter 7, the City shall require and consider the following information when reviewing shoreline modification proposals: a. Construction materials and methods. b. Project location relative to the top and toe of bluffs or steep slopes, if applicable (note that this is especially important for residential properties situated near steep bluffs or other geologically hazardous areas). Page 92 c. For marine waters, the ordinary high water mark, mean higher high, and extreme high water levels (highest recorded level or the 100-year flood elevation). d. Net direction of littoral drift changes and tidal currents (if any). e. General direction and speed of prevailing winds (if applicable). f. Profile rendition of beach and uplands. g. Beach slope and material. h. Uplands slope and material. i. Soil types (Soil Conservation Service). j. Physical or geologic stability of uplands. k. Potential impact to natural shoreline processes, adjacent properties, and upland stability. 2. Shoreline Stabilization. a. Applicability. Shoreline stabilization includes actions taken to address the impacts of erosion to property, dwellings, businesses, or essential structures caused by natural processes such as current, flood, tides, wind or wave action. Shoreline stabilization actions include structural and nonstructural methods. • Structural measures include constructed elements and systems such as bulkheads, revetments, seawalls (hard measures), and bioengineering measures (soft measures ). • Nonstructural methods include appropriate building setbacks, relocation of the structure to be protected, and the use of planning, management, and regulatory measures intended to control erosion, stormwater and groundwater impacts. The provisions of this section apply to new shoreline stabilization measures as well as to existing measures for which repair or replacement are proposed. Normal maintenance and normal repair may be authorized as a shoreline exemption, in accordance with WAC 173- 27-040(2)(b). Shoreline stabilization can include: 1. Bulkheads and vertical seawalls. 2. Revetments, breakwaters, rock weirs, and groins made of large boulders (riprap). 3. Revetments, breakwaters, rock weirs, and groins in which the rock structures have been enhanced with special sediment, large wood or other means to increase desirable ecological functions. 4. Placement of large woody debris or other natural materials. 5. Beach enhancement. 6. Bioengineering and other measures employing native vegetation. b. Policies. 1. Nonstructural stabilization measures are preferred over structural measures. Structural shoreline stabilization measures with less adverse impact on natural functions, such as bioengineering, are strongly preferred over hard structural shoreline stabilization measures, such as seawalls and bulkheads. Proposals for structural solutions should be allowed only when it is demonstrated that nonstructural methods are not feasible. 2. New non-water-oriented development requiring bulkheads and/or similar protection should not be allowed. Shoreline uses should be located in a manner so that bulkheads Page 93 and other structural stabilization measures are not likely to become necessary in the future. 3. The City should give preference to shoreline stabilization measures having the least impact on ecological functions and should require mitigation for of identified any adverse impacts to ecological functions. c. Regulations. 1. All proposals for new or replacement shoreline stabilization measures shall include a geotechnical report. The geotechnical report shall address the need to prevent potential damage to an existing primary structure or legally existing use and shall address the necessity for shoreline stabilization by estimating time frames and rates of erosion, and report on the urgency associated with the specific situation. 2. New development shall, to the extent feasible, be located and designed to eliminate the need for concurrent or future shoreline stabilization. 3. Structural shoreline stabilization for new non-water-dependent development, including single-family residences, shall be allowed only when all of the conditions below are met: a. The need to protect the development from damage due to erosion caused by natural processes, such as tidal action, currents and waves, is demonstrated through a geotechnical report; b. The erosion is not being caused by upland conditions, such as loss of vegetation and drainage; c. Nonstructural measures, such as placing the development further from the shoreline, planting vegetation, including low impact development measures, or installing on-site drainage improvements, are not feasible or not sufficient; and d. The development and shoreline stabilization measures will not result in a net loss of shoreline ecological functions. 4. Structural shoreline stabilization for water-dependent development shall meet all of the conditions in regulation 3 above, except that erosion does not have be caused by natural processes such as tidal action, currents and waves. 5. New development on steep slopes or bluffs shall be set back sufficiently to ensure that shoreline stabilization will not be needed during the life of the structure, as demonstrated by a geotechnical analysis completed by a licensed geotechnical engineer in good standing in the State of Washington. Setbacks shall not be less than those required in Chapter 2 without a variance (see exceptions in Chapter 3, section 12). 6. New structural shoreline stabilization to protect an existing primary structure or legally existing shoreline use, including residences, shall not be allowed unless there is conclusive evidence, documented by a geotechnical analysis, that the structure or use is in danger from shoreline erosion caused by tidal action, currents or waves. Normal sloughing, erosion of steep bluffs, or shoreline erosion itself, without a geotechnical analysis, is not demonstration of need. The geotechnical analysis shall evaluate on-site drainage issues and address drainage problems away from the shoreline edge before considering structural shoreline stabilization. Such structural shoreline stabilization measures shall not result in a net loss of shoreline ecological function. 7. New structural shoreline stabilization measures to protect restoration or hazardous substance remediation projects may be authorized when nonstructural methods, such as planting vegetation or installing on-site drainage improvements, are not feasible or not sufficient. Such stabilization structures shall not result in a net loss of shoreline ecological functions. Page 94 8. An existing shoreline stabilization structure may be replaced with a similar structure if there is a demonstrated need to protect existing primary structures or principle uses from erosion caused by currents, tidal action or waves. The replacement structure shall be designed, located, sized and constructed to assure no net loss of shoreline ecological functions. A geotechnical report shall be required to demonstrate need, except that primary structures or principal uses located within 20 feet of the OHWM do not require a geotechnical report to demonstrate need. 9. Replacement stabilization structures or bulkheads shall not encroach waterward of the OHWM or existing structure unless there are overriding safety or environmental concerns. In such cases, the replacement structure shall abut the existing stabilization structure. 10. New or replacement structural shoreline stabilization measures for flood hazard reduction may be allowed when demonstrated by a geotechnical analysis, that they are necessary to protect an existing development, that nonstructural methods are not feasible, and that impacts to ecological functions and to priority species and habitats can be mitigated so as to ensure no net loss. 11. For purposes of this section, "replacement" means the construction of a new structure to perform a shoreline stabilization function of an existing structure which can no longer adequately serve its purpose. Additions to or increases in size of existing shoreline stabilization measures shall be considered new structures. 12. Hard structural shoreline stabilization shall not be authorized except when the geotechnical report confirms that there is a significant possibility that the primary structure or principal use will be damaged within three years as a result of shoreline erosion in the absence of such hard armoring, or when waiting until the need is immediate, would foreclose the opportunity to use measures that avoid impacts on ecological functions. Where the geotechnical report confirms a need to prevent potential damage but the need is not as immediate as three years, that report may still be used to justify more immediate authorization to protect against erosion using soft measures. 13. Where structural shoreline stabilization measures are demonstrated to be necessary, as described above, the size of such stabilization measures shall be limited to the minimum necessary. Structural shoreline stabilization measures shall be the type (e.g., revetment or bulkhead) least harmful to ecological functions while still adequately protecting against undesirable erosion. The City's Shoreline Administrator may require that the proposed structure be altered in size or design or its impacts are otherwise mitigated. Impacts to sediment transport shall be avoided or minimized. 14. Soft shoreline stabilization measures that restore ecological functions (such as, in some instances, beach enhancement, placement of large wood, and vegetation enhancement) may be permitted waterward of the OHWM. 15. Following completion of any shoreline stabilization activity, all disturbed shoreline areas shall be restored to pre-project conditions to the greatest extent feasible. Design of Shoreline Stabilization: 16. Shoreline stabilization measures shall be located, designed and constructed in compliance with the mitigation sequence and vegetation conservation provisions in Chapter 3 of this SMP. 17. Shoreline stabilization shall be designed and developed to conform to all other applicable City, state and federal agency policies and regulations, including the Washington State Department of Fish and Wildlife criteria governing the design of bulkheads. Page 95 18. Because they are inherently unstable in the marine environment, gabions (wire mesh filled with concrete or rocks) are prohibited. 19. Materials: a. Hard shoreline stabilization structures are not the preferred method of shoreline stabilization. Where structural shoreline measures are allowed according to the regulations above, the following are examples of acceptable materials for shoreline stabilization structures, listed in order of preference from top to bottom: i. Naturally occurring materials such as logs with root wads; ii. Large stones, ideally with vegetation or habitat enhancement in the gaps between the stones; iii. Milled timbers. Note the prohibition against toxic wood treatments; iv. Mixtures of rock and wood; v. Cast-in-place reinforced concrete and approved sheet piles. b. The following materials are not allowed for shoreline stabilization structures: i. Degradable plastics and other nonpermanent synthetic materials. ii. Sheet materials, including metal, plywood, fiberglass, or plastic excluding (sheet piling approved by the Shoreline Administrator). iii. Broken concrete, asphalt or rubble. iv. Car bodies, tires or discarded equipment. c. Materials and construction methods shall employ best management practices established to mimic or maintain natural sediment transport and accretion patterns. Bulkheads: 20. Stairs may be built as integral elements to a bulkhead but shall not extend waterward of the bulkhead. 21. Bulkheads shall be designed to permit the passage of surface or groundwater without causing ponding or over-saturation of retained soil/materials of lands above the OHWM. 22. Adequate toe protection and proper footings shall be provided to ensure bulkhead stability without relying on additional riprap. 23. Backfill behind bulkheads shall be limited to an average of one cubic yard per running foot of bulkhead. Any backfill in excess of this amount shall be considered fill and shall be subject to the provisions of section 4 in this chapter. 24. Bulkheads are prohibited when their primary purpose is to: a. Retain or create dry land (unless this land is fill that has been specifically authorized by permit in accordance with section 4 of this chapter). b. Protect a platted lot where no structure presently exists. 25. Bulkheads are permitted only where local physical conditions, such as foundation bearing material and surface and subsurface drainage, are suitable. Breakwaters, Rock Weirs, Jetties and Groins: 26. Authorization for breakwaters, jetties, groins and weirs that substantially alter, reduce or block littoral drift and/or cause new erosion of downdrift shorelines shall include conditions requiring establishment and maintenance of adequate long-term beach replenishment programs to ensure no net loss. Page 96 27. Breakwaters, jetties, rock weirs and groins shall be allowed for the following purposes only: a. Legal navigation. b. Water-dependent industrial activities: as an integral component of a harbor, marina or port. c. Ecological restoration. d. Public access. 28. Open-pile or floating breakwaters shall be preferred over solid fixed breakwaters. Fixed breakwaters that obstruct movement in the full water column are not allowed unless it can be demonstrated they will have no adverse impacts to shoreline processes or that such adverse impacts can be adequately mitigated. 29. Groin construction across tidal areas to provide access to deep water is prohibited. 30. New breakwaters, jetties, rock weirs, and groins shall provide shoreline public access (visual or physical) whenever feasible. 31. Materials used for the construction of breakwaters, jetties, rock weirs and groins shall be durable, low-maintenance, and compatible with existing shoreline features, processes and aesthetics. Revetments: 32. New revetments shall be constructed and maintained so as not to reduce water quality or adversely impact fisheries or aquatic habitats. 33. New revetments shall be designed to accommodate public access to publicly owned shorelines whenever possible. 34. Riprap revetments shall: a. Consist of quarried rock, free of loose dirt and pollutants, and of sufficient size and weight to prevent movement by wave or current action. b. Use downed logs, snags or rockwork to enhance habitat and to provide a more natural appearance to the shoreline, when feasible. c. Include measures to ensure sediment transport along the revetment where determined to be feasible and beneficial. d. Where on-site environmental conditions allow, integrate vegetation into the riprap design to reduce erosion; provide cover, shade and habitat; and improve the natural appearance of the shoreline. 35. Revetment shall be sited and designed in accordance with appropriate engineering principles, including guidelines from the U.S. Soil Conservation Service and the U.S. Army Corps of Engineers. Bioengineering: 36. Bioengineering projects shall use native trees, shrubs, grasses and/or ground cover, unless such an approach is not feasible. Non-native plants are allowed when native plants are not feasible, but in no case are noxious weeds or invasive plants allowed. 37. All bioengineering projects shall include a program for monitoring and maintenance, to ensure the long-term viability and function of such projects. Such projects shall be designed, installed and maintained to be self-sustaining and viable within three years. 38. The City may require and utilize the following information, in addition to the standard permit information required in Chapter 7, in its review of all bioengineering projects: Page 97 a. Proposed construction timing and phasing. b. Hydrologic analysis, including predicted flood flows. c. Site vegetation, soil types and slope stability analysis. d. Proposed project materials, including rock size, shape and quantity; plant types and quantities and soil preparations. e. Existing and proposed slope profiles, including location of ordinary high water mark. f. Proposed design for transition areas between the project site and adjacent properties. g. Documentation, including photos, of existing (pre-construction) shoreline characteristics. 3. Overwater Structures. a. Applicability. Overwater structures for moorage, navigation, public access, and other water- dependent uses or development, including but not limited to, docks, piers, wharves, swimming/diving platforms, public access ways, fishing piers and viewpoints, shall be subject to the following policies and regulations. b. Policies. 1. New overwater structures should be permitted only when the applicant/proponent has demonstrated that a specific need exists to support the intended water-dependent or public access use. 2. Overwater structures should be sited and designed to avoid adversely impacting shoreline ecological functions or processes, and should mitigate for any unavoidable impacts to ecological functions. 3. Overwater structures should be spaced and oriented in a manner that minimizes hazards and obstructions to public navigation and corollary rights thereto such as, but not limited to, fishing, swimming and pleasure boating. 4. Overwater structures should be restricted to the minimum size necessary to meet the needs of the proposed use. The length, width and height of overwater structures regulated by this section should be no greater than that required for safety and practicality for the primary use. 5. Overwater structures should be constructed of materials that will not adversely affect water quality or aquatic plants and animals. 6. Overwater structures should allow for maximum littoral drift and should minimize interference with basic hydrological and geological-hydraulic processes. 7. Recreational piers are encouraged to provide for public docking, launching, and recreational access. 8. Moorage serving upland single-family residences should not be allowed. 9. Multiple uses of overwater structures should be encouraged. c. Regulations. General Regulations for Private and Public Over-water Structures: 1. See section 4 in Chapter 3 for restrictions on overwater structures in critical saltwater habitat areas. Chapter 2 also contains restrictions on overwater structures in specific shoreline segments. Page 98 2. New and expanded overwater structures shall only be allowed in support of an allowed water-dependent use, public access use, or ecological restoration. New and expanded overwater structures must comply with all other applicable regulations as stipulated by state and federal agencies. New piers or docks shall only be permitted when the applicant has demonstrated that a specific need exists. 3. All moorage and other overwater structures shall be designed and located in a manner that avoids or minimizes: a. Hazards and obstructions to navigation, fishing, swimming and pleasure boating; b. Shading of beach substrates; and c. Impediments to longshore sediment transport and/or movement of aquatic species. 4. All floats, ells, fingers and similar structures shall be at least 30 feet waterward of the OHWM. To prevent prop scour, mooring areas at docks, marinas, shipyards, and similar facilities must be located where there is at least seven feet water depth at ex treme low tide or where it can be shown that prop scour will not adversely impact aquatic vegetation or increase suspended sediments. 5. The length, width and height of overwater structures shall be no greater than that required for the safety and practicality of the proposed use. The length of mooring and similar facilities shall be no longer than that required for the draft of the largest vessel expected to moor at the facility. The shoreline administrator shall generally defer to the dimensional requirements imposed by project-specific permit conditions by the Corps of Engineers and Washington Department of Fish and Wildlife for new docks, piers and floats, provided the applicant provides justification that such requirements are the minimum necessary. 6. No skirting is permitted on any overwater structure except to contain or protect floatation material. This regulation is to prevent adverse impacts to fish migration and natural water currents. 7. Overwater structures shall float at all times on the surface of the water or shall be of fixed-pile construction. Overwater structures shall at no time rest on the submerged land substrate. 8. All overwater structures shall be constructed and maintained in a safe and sound condition. 9. Lighting associated with overwater structures shall minimize light spillage on adjacent properties or water bodies. 10. Piles, floats and other overwater structures that are in direct contact with water or over water shall be constructed of materials that will not adversely affect water quality or aquatic plants and animals. Materials for any portion of the structure that comes into or may come into contact with the water shall be approved by the Washington State Departments of Fish and Wildlife and Ecology for use in the water. a. Use of wood members treated with toxic materials is not allowed in any new or reconditioned overwater structures. b. Tires are prohibited as part of overwater structures. c. All foam material must be completely encapsulated. 11. To minimize adverse affects on nearshore habitats and species caused by overwater structures that reduce ambient light levels, the following shall apply: a. The width of overwater structures shall be the minimum necessary. For docks, piers, and floats, this means the minimum necessary to afford safe passage. Page 99 Materials that allow light to pass through the deck are required where the width exceeds four feet; b. Grating to allow light passage or reflective panels to increase light refraction shall be used on walkways or gangways in nearshore areas; and c. Piers and other above water structures shall be placed as high as feasible and within the height limits established in this SMP to increase light transmission. 12. Temporary moorages shall be permitted for vessels used in the construction of shoreline facilities. Temporary moorage shall be designed and constructed such that upon termination of the project, the aquatic habitat in the affected area will return to its original (pre-construction) condition within one year at no cost to the environment or the public. 13. See covered moorage provisions in Chapter 5 subsection B.3: Boating Facilities. 14. If an overwater structure is provided with a safety railing, such railing shall not exceed 36 inches in height and shall be an open framework that does not unreasonably interfere with shoreline views of adjoining properties. 15. Overwater structures shall be marked with reflectors, or otherwise identified to prevent unnecessarily hazardous conditions for water surface users during the day or night. Exterior finishes of structures themselves shall be generally non-reflective. 16. New piers or docks serving upland single-family residential uses are prohibited. Mooring Buoys and Piles: 17. Mooring buoys and mooring piles are permitted only where there is no conflict with navigation or significant ecological impact to submerged lands and habitats. Mooring buoys and mooring piles serving a private residential property are prohibited. Mooring buoys and mooring piles for which there is no demonstrated commercial or navigational need are prohibited. 18. Installation of new mooring buoys or relocation of existing buoys shall not impede navigation. 19. The use of buoys for moorage of vessels shall be preferred over piling or float structures. 20. Mooring buoys shall be located in a manner that minimizes impacts to eelgrass, critical saltwater habitats, and other ecologically important areas. 21. All new mooring buoy and pile installations must comply with all applicable guidelines of the Washington State Department of Fish and Wildlife. 22. Mooring buoys in the Aquatic Harbor Environment designation are limited to four buoys per acre (consistent with the U.S. Army Corps' limitation under the Endangered Species Act). Special Facilities on Overwater Structures: 23. Facilities and procedures for receiving, storing, dispensing and disposing of oil and other toxic products shall be designed to ensure that such oil and other toxic products are not introduced into the water body. 24. Bulk storage of petroleum products for any use or purpose is prohibited on piers, wharves and docks. Bulk storage means non-portable storage in fixed tanks. 25. Storage for boat fueling facilities shall be located landward of the OHWM and meet the applicable policies and regulations for utilities (accessory and primary) and commercial and industrial development. Page 100 26. Spill cleanup facilities shall be available for prompt response and application at all piers, wharves and docks involved in oil and hazardous products transfer. 4. Fill. a. Applicability. Fill is the addition of soil, sand, rock, gravel, sediment, earth retaining structures, or other material to an area waterward of the OHWM, in wetlands, or on shorelands in a manner that raises the elevation or creates dry land. Fill in upland areas is differentiated from landfill. A landfill is the disposal of solid waste materials by burying, and may also be known as a sanitary landfill. Landfill is prohibited in the shoreline jurisdiction. Any fill activity conducted within shoreline jurisdiction must comply with the following provisions. b. Policies. 1. Fill waterward of OHWM should be allowed only when necessary to support allowed water-dependent or public access uses, cleanup and disposal or capping of contaminated sediments, ecological restoration, and other water-dependent uses that are consistent with this SMP. 2. Shoreline fill should be designed and located so there will be no significant adverse ecological impacts and no alteration of local currents, surface water drainage, channel migration, or floodwaters which would result in a hazard to adjacent property or natural resources. Fill is only appropriate for use in altering currents, drainage, channel migration, etc., when it is done as part of an approved ecological restoration plan or project. 3. The perimeter of fill areas should be designed to avoid or eliminate erosion and sedimentation impacts, both during initial fill activities and over time. Natural-appearing and self-sustaining control methods are preferred over structural methods. 4. Environmental cleanup actions involving excavation/fill, as authorized by Washington Department of Ecology, may be permitted. c. Regulations. 1. Fill waterward of OHWM requires a Conditional Use Permit and may be permitted only when: a. In conjunction with a water-dependent or public access use permitted by this SMP; or b. In conjunction with a levee, bridge or navigational structure for which there is a demonstrated public need and where no feasible upland sites, design solutions, or routes exist; or c. As part of an approved shoreline restoration project. Fill waterward of the ordinary high water mark that is for the purpose of restoring ecological functions and habitat or as part of an approved environmental cleanup action is a permitted use and does not require a conditional use permit unless the proposed fill material includes dredge spoils. 2. Overwater structures shall be supported by piles or piers rather than fill material whenever feasible. 3. In addition to the requirements in Chapter 7, applications for fill permits shall include the following: a. Proposed use of the fill area. Page 101 b. Physical, chemical and biological characteristics of the fill material. c. Source of fill material. d. Method of placement and compaction. e. Location of fill relative to natural and/or existing drainage patterns and wetlands. f. Location of the fill perimeter relative to the OHWM. g. Means of perimeter erosion control or stabilization. h. Type of surfacing and runoff control devices. 4. Fill shall be permitted only where it is demonstrated that the proposed action will not: a. Result in significant ecological damage to water quality, fish, wildlife, fish and/or wildlife habitat and critical saltwater habitats. b. Adversely alter natural drainage and circulation patterns, currents, or significantly reduce floodwater capacities. c. Alter channel migration, geomorphic or hydrologic processes. 5. Sanitary landfills shall not be located in any shoreline jurisdiction. 5. Dredging and Disposal. a. Applicability. Dredging is the removal or displacement of earth or sediment (gravel, sand, mud, silt and/or other material or debris) from a stream, river, lake, marine water body, or associated wetland. Activities which may require dredging include the construction and maintenance of navigation channels, levee construction, recreation facilities, boat access and ecological restoration. Dredged material disposal is the depositing of dredged materials on land or into water bodies for the purpose of either creating new or additional lands for other uses or disposing of dredge spoils (the by-products of dredging). b. Exemptions. Pursuant to WAC 173-27-040(2)(b), maintenance dredging may be exempt from the requirement for a shoreline substantial development permit. c. Policies. 1. Dredging operations should be planned and conducted to avoid and minimize interference with ecological processes and functions, navigation, and adverse impacts to other shoreline uses, properties and values. 2. New uses and development should be located, planned and designed to avoid the need for dredging. 3. When allowed, dredging and dredged material disposal should be limited to the minimum amount necessary. Maintenance dredging of established navigation channels should be limited to maintaining previously authorized locations, depth and width. 4. Disposal of dredged material within a littoral drift zone should not be permitted unless it is associated with restoration of natural processes and functions or habitat enhancement. 5. Dredged material disposal in water bodies should be discouraged, except for habitat improvement or where depositing dredged material on land would be more detrimental to shoreline resources than deposition in water areas. 6. When dredged material has suitable organic and physical properties, dredging operations should be encouraged to recycle dredged material for beneficial use in Page 102 beach enhancement, habitat creation, aggregate, or clean cover material at a landfill (where appropriate). 7. Dredging waterward of the OHWM for the primary purpose of obtaining fill should not be allowed. 8. Dredging for the purpose of establishing, expanding, or relocating or reconfiguring navigation channels should be allowed when necessary for assuring safe and efficient accommodation of existing navigational uses and only when significant ecological impacts are minimized and when mitigation is provided. d. Regulations. 1. New uses and development shall be located and designed to avoid or minimize the need for new or maintenance dredging, where feasible. 2. Maintenance dredging of established navigation channels, public access facilities and basins is allowed to maintain previously dredged areas and existing authorized locations. The dredging shall be restricted to previously authorized locations, depths and widths. 3. Dredging waterward of the OHWM for the primary purpose of obtaining material for fill is prohibited, except when the material is necessary for the restoration of ecological functions. When allowed, the site where the fill is to be placed must be located waterward of the OHWM. The project must be associated with a Model Toxics Control Act (MCTA) or Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) habitat restoration project or other significant habitat enhancement project. The placement of dredge spoils waterward of the OHWM or in wetlands for such purposes shall require a Conditional Use Permit. 4. Sites approved through the Puget Sound Dredged Disposal Analysis (PSDDA) Management Plan do not require a conditional use permit when the material has been determined to be "suitable" for open water disposal after testing using PSDDA criteria and procedures. 5. Dredging and dredged material disposal shall be permitted only where it is demonstrated that the proposed actions will not: a. Result in significant or ongoing damage to water quality or aquatic and upland habitat; b. Adversely alter natural drainage and circulation patterns, currents, river flows, channel migration processes or significantly reduce floodwater capacities; or c. Cause other significant ecological impacts. 6. Proposals for dredging and dredged material disposal shall be the minimum necessary to accommodate the proposed use, and shall include all feasible mitigating measures to protect marine habitats and to minimize adverse impacts such as turbidity, release of nutrients, heavy metals, sulfides, organic material or toxic substances, dissolved oxygen depletion, disruption of food chains, loss of benthic productivity and disturbance of fish migration and important localized biological communities. 7. Dredging and dredged material disposal shall be carefully scheduled to protect biological productivity (e.g., fish migration, spawning, benthic productivity, etc.) and to minimize interference with fishing activities. 8. Dredging and dredged material disposal shall be prohibited on or in archaeological sites that are listed on the Washington State Register of Historic Places. 9. Dredging shall be permitted only: a. For navigation or navigational access and recreational access; Page 103 b. Where necessary to support a water-dependent use; c. As part of an approved restoration project; d. To improve water quality or remove contaminated sediments; e. In conjunction with a bridge, navigational structure or wastewater treatment facility for which there is a documented public need and where other feasible sites or routes do not exist; or f. To maintain existing docks, wharves, water intakes, and culverts, bridges, wastewater treatment facilities, outfalls. 10. New dredging activity is prohibited in critical saltwater habitats, unless all of the provisions in Chapter 3, section 4 are met. 11. In addition to the requirements in Chapter 7, applications for shoreline dredging and dredged material disposal shall include all applicable information as required by State and Federal permitting agencies. 12. Dredge spoil disposal waterward of the OHWM shall utilize techniques which limit the dispersal and broadcast of materials unless specifically designed and approved as a dispersal site. 13. When used for beach enhancement, dredge spoil placement shall be conducted so that: a. The spoils do not smother marsh or other shallow productive areas, and b. The disposed spoils maintain a stable beach profile, to the extent feasible. Spoils shall be graded at a uniform slope and contoured to reduce cove and peninsula formation and to minimize stranding of juvenile fish or other ecological impacts. 14. Dredged materials shall not be disposed of in locations that adversely affect or diminish public access to shorelines and water bodies. 15. The City's Shoreline Administrator may impose reasonable limitations on dredging operation periods and hours and may require buffers at land disposal or transfer sites in order to protect the public safety and other lawful interests from unnecessary advers e impacts. 6. Shoreline Restoration. a. Applicability. "Shoreline restoration" or "ecological restoration" is the significant re-establishment or the improvement of shoreline ecological functions through measures such as revegetation, removal of intrusive shoreline structures, and removal or treatment of toxic sediments or substances. To restore does not necessarily mean returning the shoreline area to aboriginal or pre-European settlement condition. The materials used are dependent on the condition of and intended use of the shoreline area. Along armored shorelines, activities such as riprap removal, slope cut-back, sediment amendment and placement of materials like wood may be necessary for restoration. The Shoreline Restoration Plan accompanying this SMP recommends ecological restoration measures and identifies programmatic opportunities for restoration. The Shoreline Restoration Plan is not intended to limit other restoration projects. Individually, restoration projects proposed and conducted specifically for the purpose of establishing, restoring or enhancing habitat for priority species in shoreline jurisdiction are a preferred action. b. Policies. 1. The City should consider shoreline restoration as an alternative to structural shoreline stabilization and protection measures where feasible. Page 104 2. All shoreline restoration projects should protect the integrity of adjacent natural resources including aquatic habitats and water quality. 3. Where possible, shoreline restoration should use maintenance-free or low- maintenance designs. 4. The City should pursue the recommendations in the Shoreline Restoration Plan prepared as part of this SMP update. The City should give priority to projects consistent with that plan and other adopted plans. Restoration projects should pursue legitimate restoration needs and priorities. c. Regulations. 1. Shoreline restoration may be permitted if the project proponent demonstrates that no significant adverse impacts to sediment transport will result and that the restoration measure will not adversely affect ecological processes, properties or habitat. 2. Shoreline restoration projects shall use best available science and management practices and shall comply with all federal and state regulations and procedures. 3. Shoreline restoration shall not significantly interfere with the normal public use of the navigable waters of the state without appropriate mitigation. 4. Shoreline restoration projects may be permitted in all shoreline environments. The project does not need to be noted in the Shoreline Restoration Plan but it must not be contrary to the principles and general objectives of the plan. 5. Shoreline restoration projects conducted by a public entity shall include or improve public access where feasible. 6. Shoreline restoration projects may include shoreline modification actions such as vegetation removal, shoreline stabilization, dredging, or filling provided the primary purpose of such actions is clearly restoration of the natural character and ecological functions of the shoreline. 7. Dikes and Levees. a. Applicability. Dikes and levees are manmade earthen embankments created for the purpose of flood control, water impoundment projects, or settling basins. b. Policies. 1. Structural flood hazard reduction measures should be avoided whenever possible. When evaluating alternative flood control measures, the City should consider the removal or relocation of structures in flood-prone areas. 2. Dikes and levees should be constructed or reconstructed only as part of a comprehensive flood hazard reduction program. 3. Environmental enhancement measures and, where feasible, public access improvements should be a part of levee or dike proposals. c. Regulations. 1. Dikes and levees shall be designed, constructed, and maintained in accordance with Washington State Department of Fish and Wildlife Hydraulic Project Approval requirements, federal levee criteria, and in consideration of other applicable resource agency recommendations. 2. Dikes and levees shall protect the natural processes and ecological functions associated with marine shorelines, streams and deltas, including, but not limited to, fish and wildlife habitat. 3. Dikes and levees shall be limited in size to the minimum height required to protect adjacent lands from the projected flood stage. Page 105 4. Dikes and levees shall not be placed in the floodway, except for current deflectors necessary for protection of bridges and roads. 5. Public access to shorelines shall be an integral component of all public entity levee projects. Public access shall be provided in accordance with the public access policies and regulations contained in Chapter 3. New dikes or levees must not impede or diminish public access. 6. Proper diversion of surface discharge shall be provided to maintain the integrity of natural streams, wetlands and drainages. 7. Structural flood hazard reduction measures shall only be authorized when demonstrated by a geotechnical report that they are necessary to protect existing development, that nonstructural means are not feasible, that impacts on ecological functions and habitat for priority species can be successfully mitigated so as to achieve no net loss. 8. Proposals for dikes and levees shall comply with the mitigation sequence and vegetation conservation provisions in Chapter 3 of this SMP. 9. Structural flood hazard reduction measures shall be consistent with an adopted comprehensive flood hazard management plan or other comprehensive effort that considers impacts to the watershed. 10. New structural flood hazard reduction measures shall be located landward of associated wetlands and designated vegetation conservation areas, where feasible. CHAPTER 5 Shoreline Use Provisions A. Introduction. The provisions in this section apply to specific common uses and types of development to the extent they occur within shoreline jurisdiction. The Shoreline Use Matrix in Chapter 2 section C indicates in which environment designations each shoreline use is allowed. B. Shoreline Use Policies and Regulations. 1. General Policies and Regulations. a. Applicability. The following provisions apply to all developments and uses in the shoreline jurisdiction. b. Policies. 1. The City should give preference to those uses that are consistent with the control of pollution and prevention of damage to the natural environment, or are unique to or dependent upon use of the state's shorelines. In implementing this provision, preference should be given first to water-dependent uses, then to water-related uses and water-enjoyment uses. 2. The City should ensure that all proposed shoreline uses and development will not diminish the public's health, safety and welfare, or adversely impact ecological functions. 3. The City should endeavor to protect property rights while implementing the policies of the Shoreline Management Act. c. Regulations. 1. All uses not explicitly covered in the SMP require a conditional use permit. The City's Shoreline Administrator shall impose conditions on all shoreline permits and Page 106 exemptions as needed to ensure that the proposed use or development meets the policies of this SMP. 2. Non-water-oriented uses and development are generally not allowed in shoreline jurisdiction. There are exemptions in specific shoreline environment designations or situations (see Chapter 2 and Table 1). Developments that include a mix of water- oriented and non-water-dependent uses may be allowed provided the non-water- oriented uses functionally support, are subordinate to and compatible with the water- dependent uses and otherwise comply with the provisions of this SMP. a. In no case shall the non-water oriented use be located waterward of the water- dependent use. b. Only water-dependent portions of the use that require direct shoreline access may be located within the setback or a required vegetation conservation area. c. Encroachments into a required VCA shall be mitigated in accordance with Chapter 3 section 12. 2. Aquaculture. a. Applicability. Aquaculture is the farming or culturing of fish, shellfish, or other aquatic plants and animals. The culture of aquatic plants or animals in tanks on upland shoreline areas is also considered to be an aquaculture use. Aquaculture does not include the harvest of wild geoduck associated with the State-managed wildstock geoduck fishery, or activities on private property for personal consumption. Aquaculture activities include, but are not limited to, the hatching, cultivating, planting, feeding, stocking, disease treatment, cleaning, waste disposal, storage, staging, raising and harvesting of aquatic plants and animals, and the maintenance and construction of associated equipment, buildings and growing areas. Excluded from this definition are related industrial uses, such as final processing, packing and freezing, and commercial uses such as wholesale and retail sales. Cultivation methods include, but are not limited to, fish pens, shellfish rafts, racks and long lines, seaweed floats and nets, and the culture of clams and oysters on tidelands and subtidal areas. b. Policies. 1. Within the Port Angeles Harbor, the maintenance and improvement of water quality and other ecological functions, navigation, public access, tribal fishing activities and aesthetics are significant public objectives. These objectives should take precedence in shoreline areas, when inconsistent with new or expanded aquaculture activities. Consideration should be given to both the possible positive impacts and the possible adverse impacts that new and expanded aquaculture uses and development may have on these public objectives. 2. Forms of aquaculture that involve minimal environmental and visual impacts are preferred. Aquaculture uses and development that involve little or no substrate modification are preferred over those that involve substantial substrate modification. 3. Aquaculture uses and development that restore native shellfish species should be encouraged. 4. Public access to tidelands and public shellfish harvesting areas should not be adversely impacted by new or expanded aquaculture activities. Aquaculture should not be permitted where it would adversely impact eelgrass and microalgae, or significantly conflict with navigation and other water-dependent uses. Page 107 5. In evaluating proposed aquaculture actions, the City should work with Washington State Department of Natural Resources (DNR), Washington State Department of Fish and Wildlife (DFW), area tribes, and aquaculture interests to determine the suitability of proposed locations, aquaculture types and design and implementation requirements for individual proposals. 6. Aquaculture projects should locate in areas where biophysical conditions, such as tidal flow, currents, water temperature and depth, will avoid and minimize adverse environmental impacts. Individual projects should be separated by a distance sufficient to ensure that significant adverse cumulative effects do not occur. 7. Chemicals and fertilizers used in aquaculture operations should only be those specifically approved for aquatic use by the Washington State Department of Ecology and used in accordance with state and federal laws and this SMP. 8. Some forms of aquaculture are dependent on the use of the water area; when consistent with control of pollution and prevention of damage to the environment, water- dependent aquaculture uses and development are a preferred use of the water area. c. Regulations. 1. Applicants shall include in their shoreline permit applications all information required by State and Federal permit applications for new and expanded aquaculture uses and development. Additional studies or information may be required by the City, which may include, but is not limited to, monitoring and adaptive management plans and information on the presence of and potential impacts to, including ecological and visual impacts, existing shoreline or water conditions and/or uses, vegetation and overwater structures. For floating and above water facilities, the City shall reserve the right to require a visual impact analysis be conducted, using a method approved by the City. Generally, the methods for identifying and analyzing potential visual and cumulative impacts will follow the principles in the Aquaculture Siting Study, Washington State Department of Ecology publication number 86-10-000 (October 1986). 2. The location of floating and submerged aquaculture structures shall not significantly: a. Restrict navigation to or along the shoreline; b. Interfere with general navigation lanes and boating traffic; or c. Interfere with Tribal "usual and accustomed" fishing locations. Floating structures associated with aquaculture uses and development shall remain shoreward of principal navigation channels. 3. No aquatic organism shall be introduced into waters regulated by this SMP without prior written approval of the Washington Department of Fish and Wildlife or other appropriate regulatory agency. Such approval shall be submitted in writing to the City prior to the granting of any shoreline permit. 4. Aquaculture structures and activities that are not water-dependent (e.g., warehouses for processing or storage of products and parking lots) shall not be located in the Aquatic Environment designations and shall be located, designed and constructed to avoid and minimize adverse impacts to the shoreline. 5. All structures and equipment associated with aquaculture activities shall be of sound construction and shall be so maintained. Abandoned or unsafe structures and equipment shall be removed or repaired by the owner. Where any proposed structure has the potential to constitute a hazard to the public, the City may require the posting of a bond commensurate with the cost of removal or repair. Following notice to the owner, the City may abate an existing abandoned or unsafe aquaculture structure if the owner fails to respond in 30 days. The City may also impose a lien on the related Page 108 shoreline property or other assets in an amount equal to the cost of the abatement. Bonding requirements shall not duplicate requirements of other agencies. 6. Aquaculture wastes shall be disposed of in a manner that will ensure compliance with all applicable governmental waste disposal standards. No garbage, wastes or debris shall be allowed to accumulate at the site of any aquaculture operation. 7. Aquaculture activities and facilities shall be located where they do not adversely impact native eelgrass and microalgae species or other critical saltwater habitats, priority species or species of concern, or habitat for such species as outlined in Chapter 3. Aquaculture uses and activities shall observe all upland and aquatic buffers or setbacks required by applicable State or Federal regulations. Larger buffers or other protections may be required if supported by relevant resource agencies in coordination with the Administrator. Aquaculture shall not be permitted in areas where it would result in a net loss of shoreline ecological functions, or where adverse impacts to critical saltwater habitats cannot be mitigated according to the mitigation sequencing requirements of this Program (Chapter 3, section 1). 8. Predator control shall not involve the intentional killing, injury or abusive harassment of birds or mammals. Control methods shall comply with federal and state regulations. 9. When a shoreline permit is issued for a new aquaculture use or development, that permit shall apply to the initial siting, construction, and planting or stocking of the facility or farm. Authorization to conduct such activities shall be valid for a period of five years with a possible extension per Chapter 7 of this Program. After the aquaculture use or development is established under the shoreline permit, continued operation of the use or development, including, but not limited to, maintenance, harvest, replanting, restocking or changing the culture technique or species cultivated shall not require a new, renewed or revised permit unless otherwise provided in the conditions of approval or this Program. Permit revisions shall proceed in accordance with WAC 173-27-100. Changing of the species cultivated shall be subject to applicable standards of this Program. 10. A new permit is required when: a. The physical extent of the use or development or associated overwater coverage is expanded by more than ten percent compared to the conditions that existed as of the effective date of this SMP. If the amount of expansion or change in overwater coverage exceeds ten percent, the revision or sum of the revision and any previously approved revisions shall require the applicant apply for a new permit; b. The use or development proposes to cultivate a species not previously cultivated within Port Angeles' jurisdictional waters; or c. New chemicals not previously approved as part of the existing permit are proposed for use. 11. Floating/hanging aquaculture structures and associated equipment shall not exceed six feet in height above the water's surface. The six-foot height limit shall not apply to vessels or materials/apparatus removed from the site on a daily basis. 12. Floating/hanging aquaculture facilities and associated equipment, except navigation aids, shall use colors and materials that blend into the surrounding environment in order to minimize visual impacts. 13. All floating and submerged aquaculture structures and facilities in navigable waters shall be marked in accordance with U.S. Coast Guard requirements. 14. Aquaculture use and development that requires attaching structures to the bed or bottomlands shall use anchors that minimize disturbance to substrate. Page 109 15. Aquaculture projects shall avoid use of chemicals, fertilizers and genetically modified organisms except when allowed by state and federal law. 16. Aquaculture facilities are required to identify and use best management practices to minimize impacts such as light and noise from the construction and management of the facilities. 17. The rights of treaty tribes to aquatic resources within their usual and accustomed areas shall be addressed through direct coordination between the applicant/proponent and the affected tribe(s). The Administrator will notify affected tribes of new shoreline permit applications in the manner outlined in Chapter 7. 18. Additional standards for commercial geoduck aquaculture: a. In addition to the standards above, commercial geoduck aquaculture shall only be allowed where sediments, topography, land and water access support geoduck aquaculture operations without significant clearing or grading. b. All permits shall take into account that commercial geoduck operators have the right to harvest geoduck once planted. c. All subsequent cycles of planting and harvest shall not require a new CUP, subject to WAC 173-27-100. d. A single CUP may be submitted for multiple sites within an inlet, bay or other defined feature, provided the sites are all under control of the same applicant and within the Program's jurisdiction. e. Commercial geoduck aquaculture workers shall be allowed to accomplish on-site work during low-tides, which may occur at night or on weekends. Where such activities are necessary, noise and light impacts to nearby residents shall be mitigated to the greatest extent practicable. f. Where an applicant proposes to convert existing non-geoduck aquaculture to geoduck aquaculture, a Conditional Use Permit shall be required. g. In addition to the requirements in Chapter 7, applications for commercial geoduck aquaculture shall contain all of the items identified in WAC 173-26-241(3)(b)(iv)(F). 3. Boating Facilities. a. Applicability. Boating facilities include marinas; dry storage and wet-moorage types; boat launch ramps; covered moorage; boat houses; mooring buoys; and marine travel lifts. Elements of boating facilities, such as piers, docks, or mooring buoys, may also be subject to the provisions for overwater structures in Chapter 4. Docks, piers or boat launches associated with single- family residences are not considered boating facilities. A marina is a water-dependent use that consists of a system of piers, buoys or floats to provide a centralized site for extended moorage for more than four vessels, including yachts, commercial or research vessels, and small pleasure craft. For regulatory purposes, yacht club facilities and camp or resort moorage areas would also be reviewed as marinas. Marinas are usually located in the intertidal or offshore zone and may require breakwaters of open-type construction (floating breakwater and/or open pile work) and/or solid-type construction (bulkhead and fill), depending on the location. Boat launches and businesses offering supplies and services for boaters and boat operators are often associated with marinas. These uses are considered accessory to the marina when subordinate in size and scale to the primary marina use. Other accessory uses found in marinas and boating facilities may include fuel docks and storage, boating equipment sale Page 110 and rental, wash-down facilities, fish cleaning stations, vessel repair services, public launching, bait and tackle shops, potable water, waste disposal, administration and maintenance structures, parking, eateries, grocery and dry good sales. The above-listed uses and modifications are subject to the regulations established for those uses and modifications, in addition to the standards for boating facilities established in this section. If there is a conflict, the Shoreline Administrator shall determine the applicable standards in a manner most protective of shoreline resources. b. Policies. 1. Boating facilities should be located and designed so their structures and operations will be aesthetically compatible with the surrounding area and will not unreasonably impair shoreline views. 2. Boating facilities should be located in areas of low biological productivity and outside of fish migration routes to the extent feasible. Adverse impacts to ecological processes or life forms should be mitigated. 3. Launch areas for non-motorized, hand-held craft should be provided at appropriate public access sites. 4. Existing public moorage and launching facilities should be retained and maintained. 5. New marina facilities and improvements to existing marinas should be designed to include public access and enjoyment of the shoreline, for example walkways, viewpoints, restroom facilities, and other recreational uses consistent with the scale of the facility. 6. On State-owned aquatic lands, boating facilities should adhere to the standards and requirements of the Washington State Department of Natural Resources (DNR). c. Regulations. 1. The applicant is responsible for complying with all applicable state and federal agency requirements and procedures relating to the construction and operation of boating facilities and associated uses or developments. 2. New boating facilities shall not significantly impact the rights of navigation on waters of the state. 3. Boating facilities shall not be located where significant ecological impacts would result and shall not adversely affect critical saltwater habitats (see Chapter 3, section B). 4. Boating facilities shall comply with the mitigation sequence outlined in Chapter 3, section 1, as well as all applicable critical area and vegetation conservation standards in Chapter 3 of this SMP. Design/Renovation/Expansion: 5. Boating facilities shall be located on stable shorelines and designed so as to: a. Provide thorough water/tidal exchange and circulation in enclosed water areas. b. Maintain intertidal and shallow subtidal migratory pathways for juvenile fish species and other aquatic life requiring shallow water habitat. c. Minimize interference with sediment transport or other coastal processes and disruption of existing shoreline ecological functions. d. Minimize the adverse impacts of shade on the water's surface resulting from overwater structures through means such as (but not limited to): i. Minimization of overwater coverage; Page 111 ii. Elevation of piers above the water to the maximum extent reasonable; iii. Limiting floats in the nearshore area; iv. Incorporating grated decking or other materials that allow light penetration; and v. Other design measures. e. Minimize the need for channel construction or dredging, maintenance dredging, filling, beach enhancement and other shoreline modification activities. 6. Moorage of floating homes, house barges and/or houseboats in marinas is prohibited. 7. Up to ten percent of the total number of slips in a new marina may be occupied by live- aboards (boats with people living on them as their primary residence). The Port of Port Angeles Boat Haven Marina may provide for up to 30 live-aboards or ten percent of the total number of slips, whichever is larger. Live-aboards may provide a sense of security due to on-site human presence. 8. All marinas shall include measures for sewage pump-out and disposal. Boat waste disposal facilities (pump-outs, dump stations and toilets) shall be considered and located within marinas on an individual basis through consultation with the Departments of Health, Ecology and Parks as applicable. 9. In addition to the application requirements in Chapter 7, the City shall require and utilize the following information in its review of new or expanded marina proposals: a. Existing shoreline and backshore features and uses; b. Sediment transport processes and flushing characteristics, including but not limited to, volumes, rates and frequencies; c. Biological resources, habitats and migratory routes of marine species within the backshore, foreshore and aquatic environments; d. Bathymetric contours (one-foot increments); e. Ownership and lease agreements of submerged lands; f. Site orientation; exposure to wind, waves, flooding or tidal/storm surges; type and extent of shoreline stabilization and flood protection necessary; g. Impact upon existing shoreline and water uses, and anticipated demand for shoreline and water uses including public access, recreation and views; h. Location of accessory facilities, including sewage disposal, water quality and invasive species transfer controls (e.g., wash down facilities); i. Overwater coverage and associated shading; j. Provisions for the prevention and control of fuel spillage and management of stormwater; and k. A landscaping plan (see regulation 12 below). The landscaping plan shall identify the size, location and species of plants that will be used. Native species are required, where feasible. Such plan shall also outline maintenance and monitoring steps, and may include a financial security requirement, to ensure all landscaping is viable and self sustaining after three years. 10. Accessory uses at marinas or public launch ramps shall be limited to those which are water-dependent, water-related or water-enjoyment or that functionally support marina activities or users (e.g., public restrooms, harbormaster offices, etc.). Accessory uses shall be consistent in scale and intensity with the marina and/or launch ramp and surrounding uses. Page 112 11. Marinas shall not locate where they would impair significant littoral drift, including adjacent to feeder bluffs, accretion beaches, points, spits and hooks, wetlands and lagoons, and estuaries. Marinas also shall not locate where they would result in adverse impacts to significant fish and shellfish spawning and rearing areas. 12. The perimeter of new or expanded parking, dry moorage and other storage areas shall be landscaped to provide and maintain a visual buffer between adjoining dissimilar uses or scenic areas. 13. Public access, both visual and physical, shall be an integral part of all new or expanded marinas or public launch ramps. The type/design of public access shall be consistent in scale and intensity with the proposed boating facility in accordance with the public access requirements in Chapter 3. New and expanded boating facilities must ensure the following: a. Existing or potential public access along beaches is not unnecessarily blocked or made dangerous, and public use of the waters below the ordinary high water mark is not unduly impaired. b. Where allowed, covered moorage shall not be constructed where visual access from public access areas is significantly impaired and/or the views of significant numbers of residences are blocked. 14. Upland facilities shall be designed and managed in compliance with the Port Angeles Urban Services and Standards Guidelines Manual in order to minimize or prevent negative impacts to water quality. Impervious surfaces shall be minimized to the extent feasible. 15. Boating facilities and accessory uses shall share parking facilities to the maximum extent feasible, with boating facility usage given the preference for utilizing parking within shoreline jurisdiction. 16. Public boat launch facilities shall provide and maintain restrooms or portable toilets. All marinas with over 20 moorage slips shall provide restrooms and showers for boaters' use. Restrooms and showers shall be located outside of shoreline jurisdiction to the extent feasible. Marinas shall provide one toilet and hand washing facility for each sex per 50 moorage sites; signs shall be posted so that the restrooms are easily identifiable to the boating public. 17. Pipes, plumbing, wires and cables at marinas shall be placed at or below ground and dock levels. 18. Marinas shall include facilities, equipment and shall post established procedures for the containment, recovery and mitigation of spilled petroleum, sewage and/or toxic products and debris from maintenance and repair practices. 19. Garbage and recycle receptacles shall be provided and maintained by the marina operator at several locations convenient to users in sufficient numbers to properly store all solid waste generated on-site. This should include separate receptacles for waste oil and other potentially hazardous or toxic waste. 20. Moorage facilities within marinas shall be equipped with functional lifesaving equipment such as life rings, hook and ropes. Adequate fire protection shall be required as per the City adopted Fire Code. Boat Launches: 21. Public launch ramps shall be located where upland and aquatic access are appropriate for the scope of the facility so that parking and circulation do not adversely impact neighboring uses or the public rights of navigation. Page 113 22. Ramps shall be placed and kept near flush with the foreshore slope to minimize the interruption of shoreline processes. 23. The maximum waterward intrusion of any portion of any launching ramp shall be the point where the water depth is sufficient for launching the type of boat for which the launch is designed. Covered Moorage: 24. Covered moorage is prohibited outside of the Port of Port Angeles Boat Haven Marina. 25. When new covered moorage or the replacement of existing covered moorage is proposed within the Boat Haven Marina, the applicant shall provide a detailed plan indicating: a. The location, size and general design of the proposed structure; b. The impact on shoreline views from public access points within the marina and from adjacent public properties and residences; and c. That the structures will be built to conform to the City building code, withstand stresses from anticipated storm and weather conditions or damage by fire, and that exterior wall and roof coverings shall be of noncombustible or fire-retardant-treated material and so certified or labeled. 26. The maximum height for covered moorage is 20 feet above the ordinary high water mark. Mooring Piles and Buoys: 27. Mooring buoys shall be located as close to the shoreline as possible but outside of critical saltwater habitats. Mooring buoys shall be designed to eliminate damage (e.g., from the scour of anchoring chains or cables) to eelgrass and kelp beds. Consult with the Clallam Marine Resources Committee for advice and assistance in this regard. See also regulations for mooring buoys in Chapter 4, section 3. 28. Buoys shall be discernible under normal daylight conditions at a minimum of 100 yards and shall have reflectors for nighttime visibility. 29. Mooring buoys shall be clearly marked with the owner's name, contact information, and permit number(s). 30. The installation and use of mooring buoys shall be consistent with all applicable state and federal laws and standards. 31. Vessels shall not moor on waters of the state for extended periods unless a lease or permission is obtained from the state and impacts to navigation and public access are mitigated. 4. Commercial Development. a. Applicability. Commercial development means those uses that are involved in wholesale, retail, service and business trade. Commercial uses can be water-dependent, water-related, water- enjoyment or non-water-oriented. Water-dependent commercial uses include, for example, boat rental, water taxis, or eco-marine tourism where direct access to the water is necessary. Water-related commercial uses include, for example, the sale of boating supplies that could occur in an upland area but which derive benefit from being proximate to the shoreline. Water-enjoyment commercial uses include those uses that help people to enjoy the shoreline, such as eating and drinking establishments and shops, where views of or public access to the water are emphasized. Page 114 Uses and activities associated with commercial development that are identified as separate uses in this program include Industry, Boating Facilities, Transportation Facilities, and Utilities (accessory). Commercial uses and development must meet all applicable requirements established by the SMP. b. Policies. 1. New commercial development located in shoreline jurisdiction should be limited to those which are water-oriented as defined herein. Non-water-oriented development is strongly discouraged and should not displace water-oriented development in shoreline areas. Non-water-oriented uses and development should only be allowed where: a. It is a subordinate part of a mixed use development; b. The primary use in the mixed use development is water-dependent; c. The non-water-oriented portion of the development is located landward of all water-oriented uses; and d. The non-water-oriented use does not interfere with or displace a water-dependent use. Non-water-oriented commercial uses and development may also be allowed on a site that is physically separated from the shoreline by another property or public right-of- way. 2. Water-related and water-enjoyment commercial development should be required to provide physical or visual access to the shoreline or other opportunities for the public to enjoy the shorelines of the state. 3. Multiple-use concepts which include ecological restoration, open space area and recreational activity should be encouraged in commercial developments. 4. All new non-water-oriented commercial development, where allowed, should be conditioned with the requirement to provide ecological restoration and public access. c. Regulations: 1. Non-water-oriented commercial uses and developments shall be permitted in shoreline jurisdiction only where they are either on a site separated from the shoreline by another property, a public trail, or street right-of-way, or where all four of the following can be demonstrated: a. A water-oriented use is not reasonably expected to locate on the proposed site due to topography, incompatible surrounding land uses, physical features, or the site's separation from the water. b. The proposed use or development does not displace a water-oriented use, usurp land currently occupied by a water-oriented use, and will not interfere with adjacent water-oriented uses. c. The proposed use or development will provide a significant public benefit with respect to the objectives of the SMA by providing ecological restoration and/or public use of or access to the shoreline. d. The proposed use or development is part of a mixed use development where the primary use is water-dependent. 2. Commercial uses and development shall be designed to avoid and minimize ecological impacts, to mitigate for any unavoidable ecological impacts, to protect human health and safety, and to avoid significant adverse impacts to surrounding uses and the shoreline's visual qualities. The City may include conditions in permits for commercial uses and development to address such issues, including but not limited to, conditions Page 115 that limit operation intensity, require landscaping or screening, etc., as the administrator deems appropriate. Such conditions shall be based on the site and nature of the proposed use, adjacent uses, and relevant or applicable studies. 3. All new or expanded water-related and water-enjoyment commercial uses and developments shall mitigate impacts to shoreline resources and values by providing ecological restoration and public access, unless such measures are demonstrated to be infeasible. Restoration that is required as mitigation in this context shall comply with the regulations in Chapter 3, section 12. 4. All commercial loading and service areas shall be located and/or screened to minimize visual impacts to public shoreline areas. If such facilities cannot be located to avoid impacts, parking and service areas shall be screened from view from public access areas by a ten-foot strip of landscaping with shrubs that will be at least three feet high within two years of planting and trees a minimum of two-inch caliper spaced at species- appropriate distances. 5. All new or expanded commercial uses or developments located adjacent to the Olympic Discovery/Waterfront Trail shall provide a minimum ten-foot-wide strip of landscaping between the building and the trail. The landscaping shall include: a. Shrubs that will grow to at least three feet high within two years of planting; b. Vegetative ground cover that will cover the planted area within at least two years; c. Trees will be required if the Administrator determines there is sufficient space depending on the setting and the desired tree species; d. A sight-obscuring fence is not required; and e. The City Shoreline Administrator may modify required landscaping patterns within these areas to avoid safety and security concerns. 6. If the setback standards in Chapter 2 conflict with those for the commercial use or zone established in the most current version of PAMC Title 17, the most restrictive shall prevail. 7. The City shall require and evaluate the following information in its review of new or expanded commercial use or development proposals: a. Nature of the commercial activity (e.g., water-dependent, water-related, water- enjoyment, non-water-oriented, mixed use), including a breakdown of space requirements for each component; b. Need for shoreline location; c. Special considerations proposed to enhance the relationship of the activity to the shoreline; d. Provisions for public access to the shoreline, both physical and visual; e. Provisions to ensure that the development will not cause adverse environmental impacts; and f. For mixed use proposals, alternative mixes of water-oriented and non-water- oriented uses and activities, structure locations, site design and bulk considerations, alternative public access opportunities, and other considerations addressing the goals and policies of the SMP. In mixed use proposals: i. Water-dependent uses shall be the primary use; ii. Uses subordinate to the primary water-dependent use shall be smaller in scale and use than the primary use; Page 116 iii. Uses subordinate to the primary water-dependent use shall be located landward of the primary use; and iv. Uses subordinate to the primary water-dependent use shall not be located within a required VCA or setback. 8. Commercial development shall be consistent with the character and features of the surrounding area. 9. Non-water-dependent commercial developments are prohibited over water unless the use is part of a mixed use development with a primary water-dependent use. 10. Commercial uses authorized as water-related or water-enjoyment uses or developments shall incorporate appropriate design and operational elements so they meet the definition of water-related or water-enjoyment uses. 5. Industry. a. Applicability. Industrial developments and uses are facilities for processing, manufacturing and storing of goods. Included in industry are such activities as log storage (upland), in-water log rafting and handling, petroleum storage and handling, transport and storage operations, paper, pulp and wood products production, concrete and asphalt batching, construction, manufacturing, and warehousing. Boat building, ship repair, and major boat repair that involves haul-out may be considered an industrial use. b. Policies. 1. Regional and statewide needs for industrial facilities should be carefully considered in reviewing proposals for new industrial uses and development as well as in designating shorelines for such uses or development. Such consideration and designation should be coordinated with the Port of Port Angeles. 2. Expansion or redevelopment of existing, legally established industrial areas, facilities and services that could incorporate mixed use development are encouraged over new single-purpose industrial areas or facilities. 3. Joint use of piers, cargo handling, storage, parking and other accessory facilities among private or public entities is strongly encouraged in waterfront industrial areas. 4. New industrial development should be required to provide physical and/or visual access as outlined in Chapter 3, when feasible and when such access does not cause significant interference with industrial operations or hazards to life and property. 5. Dry land storage of logs is preferred over in-water log storage. 6. New non-water-oriented industrial developments should not be located within shoreline jurisdiction, unless the use is part of a mixed use project that includes water-dependent uses and provides a significant public benefit. Non-water-oriented industrial uses and development may also be allowed on a site that is physically separated from the shoreline by another property or public right-of-way. c. Regulations. 1. New industrial uses or developments, or significant expansion or intensification of existing industrial uses or activities, shall be consistent with the Port Angeles Harbor Resource Management Plan, and be accompanied by a feasibility or use analysis acceptable to the City that assesses regional or statewide need. 2. Non-water-oriented industrial development is only allowed within shoreline jurisdiction when: a. The non-water-oriented industrial use or development is part of a mixed use development and is subordinate to and located landward of the primary water- dependent use; Page 117 b. The underlying zoning allows industrial uses; and c. A water-oriented industrial use is not reasonably expected to locate on the proposed site due to topography, incompatible surrounding land uses, physical features, or the site's separation from the water. Non-water-oriented industrial development may also be allowed within shoreline jurisdiction when located on sites that are separated from the shoreline by another property or public right-of-way, and when allowed by the underlying zoning. 3. Existing non-water-oriented industrial development in shoreline jurisdiction may be permitted to expand upland from existing structures but not parallel to or waterward toward the OHWM upon approval of a conditional use permit. Waterward expansion of existing non-water-oriented industry is prohibited. 4. Long-term storage and/or disposal of industrial wastes is prohibited within shoreline jurisdiction. Wastewater treatment systems may be allowed in shoreline jurisdiction only if alternative areas outside of shoreline jurisdiction have been proven infeasible. 5. Waste disposal, except clean soils and clean dredge spoils, is prohibited within shoreline jurisdiction. Temporary storage of waste is allowed, provided all applicable regulations governing storage are a part of the design. The Shoreline Administrator shall establish the time period allowed for temporary storage in the shoreline permit or exemption. 6. New or expanded facilities for water transport of bulk, crude or other forms of petroleum in vessels over 125,000 deadweight tonnage shall be limited to segments of the shoreline designated HI-I or HI-M and adjacent aquatic areas. 7. New or expanded port and/or industrial developments shall employ the best available technology, practices and procedures for the safe handling of fuels and toxic or hazardous materials to prevent them from entering the water, and optimum means shall be employed for prompt and effective cleanup of any spills that do occur. 8. Industrial display and other exterior lighting shall, to the extent feasible, be designed, shielded, and operated to avoid illuminating the water surface and to reduce light pollution into the night sky and residential areas. 9. All industrial loading and service areas shall be located and/or screened to minimize visual impacts to public shoreline areas. If such facilities cannot be located to avoid impacts, parking and service areas shall be screened from view from public access areas by a ten-foot strip of landscaping with evergreen trees and shrubs that will provide a full visual screen within five years of planting. The Administrator may modify required landscaping patterns within these areas to avoid safety and security concerns. 10. All new or expanded industrial uses or developments located adjacent to the Olympic Discovery/Waterfront Trail shall provide a minimum ten-foot-wide strip of landscaping between buildings and the trail. The landscaping shall include: a. Shrubs that will grow to at least three feet high within two years of planting; b. Vegetative ground cover that will cover the planted area within at least two years; c. Trees will be required if the Administrator determines there is sufficient space depending on the setting and the desired tree species; and d. The City Shoreline Administrator may modify required landscaping patterns within these areas to avoid safety and security concerns. 11. Low Impact Development (LID) techniques shall be incorporated into the design of new industrial uses and development, where feasible. Page 118 12. Industrial activities, including ship and boat building and repair yards, shall employ Best Management Practices (BMPs) concerning the various services and activities they perform and their impacts on water quality. Industrial uses and activities shall adhere to the applicable standards in the City of Port Angeles Urban Services Standards and Guidelines. 13. The City may require that new or expanded upland industrial development be set back and buffered from adjacent shoreline properties used for non-industrial purposes in accordance with PAMC 17.34.050.B. Such setbacks or buffers are intended to minimize conflicts between incompatible uses and to minimize the impacts of noise and dust that may be generated by industrial activities. If the Administrator determines that buffers are required as outlined above, such buffers shall be a minimum of ten feet in width, and planted with vegetative materials that will reach six feet in height within five years of planting. The applicant will be required to prepare and maintain landscape buffers in ways that guarantee the survivability of the vegetation, and shall be required to monitor and maintain such areas for a period of at least five years. Plants shall be selected to minimize visual or noise intrusion to adjacent properties, minimize erosion and protect water quality. Buffers shall not be used for storage of industrial equipment or materials, parking, or for waste disposal, but may be used for public access if consistent with provisions of the SMP. Log Storage and Booming: 14. Unpaved storage areas underlain by permeable soils shall have at least a four-foot separation between the ground surface and the highest seasonal water table. 15. All log storage proposals shall demonstrate that State water quality standards and/or criteria will not be violated by any runoff leaving the site and entering into waters of the State. If such demonstration is not possible, treatment facilities meeting all applicable local, state and federal standards shall be provided. 16. Offshore log storage shall be located only in areas where an Aquatic Lands Lease may be obtained from the Washington State Department of Natural Resources. 17. In-water log storage shall not hinder navigation. 18. The free-fall dumping of logs into water is prohibited. Easy let-down devices shall be employed for placing logs in the water per the Port of Port Angeles BMPs approved as part of Washington State Department of Natural Resources Aquatic Lands Lease agreements. 19. Bark and wood debris shall be regularly and consistently controlled, collected and disposed of at log dumps, raft building areas and mill-side handling zones. This shall be required for both floating and sinking particles. Log dumps shall not be located in waters where bark and debris controls cannot be effectively provided. 20. Logs shall not be dumped, stored or rafted where they will rest on the bedlands at low tide. 21. To avoid impacts to new areas, new log booming and storage facilities s hall be preferentially located in areas where the activity has historically occurred, unless such a location results in significant impacts to ecological functions. 22. New log booming and storage facilities must be located waterward of the nearshore to avoid and minimize ecological impacts to aquatic areas. 23. New log transfer sites and in-water storage facilities are prohibited in areas that do not meet state or federal water and sediment quality standards, or in areas defined as critical saltwater habitat or habitat areas for priority species and species of concern. Page 119 24. Operators must implement measures to prevent chains and ropes on anchorage, mooring, and containment boom systems from dragging on the substrate. Measures include, but are not limited to, the use of embedded anchors and midline floats. 6. Governmental, Educational, Cultural and Institutional Uses. a. Applicability. Governmental, educational, cultural and institutional uses such as centers or museums may be considered water-oriented if they have an association with a specific waterfront site or activity or if they include public shoreline access. b. Policies. 1. Allow governmental, educational, cultural and institutional uses in shoreline jurisdiction when they are water-oriented and there are sufficient access, utilities and public services to support them. 2. Encourage water-oriented uses that help people to understand and appreciate the environmental, cultural, historic and economic importance of the shoreline. 3. Encourage institutional, governmental, cultural and educational activities associated with maritime navigation, security, safety, education, environmental management and ecological restoration. c. Regulations. 1. Development of governmental, educational, cultural or institutional facilities shall comply with the mitigation sequence, public access, and critical areas and vegetation conservation sections of Chapter 3 of this SMP. 2. New governmental, educational, cultural and institutional uses and developments shall be located and designed to prevent or minimize ecological impacts and the need for shoreline stabilization measures. 7. Recreational Development. a. Applicability. Port Angeles' shoreline includes several attractions that make it a significant regional recreation resource. Recreational development includes public and commercial facilities for activities such as hiking, photography, viewing, fishing/shellfishing, boating, swimming, bicycling, picnicking and playing. This section applies to both publicly and privately owned shoreline facilities intended for use by the public or a private club, group, association or individual. Commercial non-water-oriented recreation facilities, such as bowling alleys and fitness clubs, are addressed as commercial uses in this SMP. b. Policies. 1. Local, state and federal recreation planning should be coordinated to satisfy recreational needs. Shoreline recreational developments should be consistent with all locally adopted park, recreation, and open space plans, including the City of Port Angeles Comprehensive Plan and the recreation component of the Harbor Resources Management Plan (most recent edition). 2. Recreational developments and plans should promote the conservation of the shoreline's natural character, ecological functions and processes, especially on Ediz Hook and in the vicinity of creeks discharging into the harbor and/or strait. 3. A variety of compatible recreational experiences and activities should be encouraged to satisfy diverse recreational needs. Page 120 4. Water-dependent recreational uses, such as angling, shellfishing, boating, and swimming, should have priority over water-enjoyment uses, such as picnicking. Water enjoyment recreational uses should have priority over non-water-oriented recreational uses. Non-water-oriented recreational uses such as field sports and golf should be prohibited in shoreline jurisdictions unless they are part of a mixed use recreational facility. 5. Recreation facilities should be integrated and linked with linear systems, such as hiking paths, bicycle paths, easements and scenic drives. Of special importance is the Olympic Discovery/Waterfront Trail. Safety improvements and recreational enhancements to the Olympic Discovery/Waterfront Trail should be pursued as recommended in the Harbor Resources Management Plan. New and replaced path and trail surfaces shall use permeable materials where feasible. 6. Opportunities to expand the public's ability to enjoy the shoreline should be pursued in recreational uses and developments. 7. Opportunities for recreational scuba diving should be pursued where there is not a conflict with existing activities, such as the U.S. Coast Guard Base. Artificial marine life habitats should be encouraged in order to provide increased aquatic life for recreational observation. Such habitats should be constructed in areas of low habitat diversity, where predation of priority species is not an issue, to avoid migratory corridors and in consultation with the Department of Fish and Wildlife and local tribes. 8. Improvements should be made to the City Pier and Hollywood Beach. 9. Recreational opportunities that are consistent with ecological restoration should be encouraged on Ediz Hook and on the Rayonier site (Segment O). 10. A wildlife viewing area near Marine Drive overlooking the lagoon at the base of Ediz Hook should be pursued. 11. Public access along the pipeline between Marine Drive and the shoreline west of Ediz Hook should be pursued. Security measures should be taken to prevent trespassing into industrial areas. 12. Opportunities for interpretive displays and activities highlighting the cultural, environmental, historical and economic aspects of the shoreline should be incorporated into all public recreation facilities. The City, in coordination with state and federal resource agencies and local tribes, should develop a system of coordinated interpretive displays. 13. Accessory structures to recreational facilities, such as restrooms, storage buildings, access roads, and parking areas should be located outside of shoreline jurisdiction, when feasible. c. Regulations. 1. Non-water-oriented recreational use and developments may/shall be permitted in shoreline jurisdiction only when part of a mixed use development containing water- dependent uses or when separated from the shoreline by another property or public right-of-way, and where it the following can be demonstrated: a. A water-oriented use is not reasonably expected to locate on the proposed site due to topography, incompatible surrounding land uses, physical features, or the site's separation from the water. b. The proposed use or development does not displace a water-oriented use, usurp land currently occupied by a water-oriented use, and will not interfere with adjacent water-oriented uses. Page 121 c. The proposed use or development will provide a significant public benefit with respect to the objectives of the SMA by providing ecological restoration and/or public use of or access to the shoreline. 2. All new or expanded recreational uses and developments shall mitigate impacts to shoreline resources and values by providing ecological restoration, unless such measures are demonstrated to be infeasible. Restoration that is required as mitigation in this context shall comply with the regulations in Chapter 3, section 12. 3. Accessory structures to recreational facilities, such as restrooms, storage buildings, access roads, and parking areas shall be located outside of shoreline jurisdiction, when feasible. When the Administrator determines that location of such facilities outside of shoreline jurisdiction is not feasible, accessory uses and structures shall meet all required setbacks, shall be located landward of primary recreational uses or structures, and shall comply with all other provisions applicable to the use or structure in this SMP. 8. Residential Development. a. Applicability. Residential use and development means buildings, structures, lots, or parcels that are primarily devoted to or designed for use as a dwelling. Residential uses and developments include such things as single-family residences, duplexes, floating homes, multi-family residences, mobile home parks, residential subdivisions and short subdivisions, and planned unit or residential developments. Accessory uses and structures normally associated with residential uses are also included in this category. Residential development does not include hotels, motels, or any other type of overnight or transient housing or camping facilities. b. Policies. 1. Residential development should be prohibited in environmentally sensitive areas including, but not limited to, wetlands, steep slopes, floodways, and their buffers. 2. The overall density and design of residential uses and development within shoreline jurisdiction should be appropriate to the physical capabilities of the site and consistent with the City of Port Angeles' Comprehensive Plan, Zoning Ordinance, and Environmentally Sensitive Areas Ordinance, as incorporated into this SMP. 3. Recognizing the single-purpose, irreversible, and space-consumptive nature of shoreline residential development, new residential uses and development should provide adequate space between such uses or developments and the water to accommodate outdoor recreation such as trails, to protect or restore ecological functions and ecosystem-wide processes, to preserve views, to preserve shoreline aesthetic characteristics, to protect the privacy of nearby residences, and to minimize use conflicts. 4. New or expanded residential use and development should include provisions for protection of groundwater supplies, erosion control, stormwater drainage systems, protection of aquatic and wildlife habitat and migratory corridors, ecosystem-wide processes and open space. 5. Sewage disposal facilities and water supply facilities should be provided in accordance with appropriate state and local health regulations. 6. New residential uses and developments should be designed and located so that shoreline armoring will not be necessary to protect the structure, at the time of construction or at any time in the foreseeable future. The creation of new residential lots should not be allowed unless it is demonstrated the lots can be developed without: a. Constructing shoreline stabilization structures (such as bulkheads). b. Causing significant erosion or slope instability. Page 122 c. Removing existing native vegetation that helps to prevent bluff erosion. 7. New residential development should be encouraged to cluster dwelling units in order to preserve natural features, minimize physical impacts, promote consolidated community access points, encourage low-impact and natural drainage solutions, and reduce utility, public access and road costs. 8. Accessory uses and structures should be located landward of the principal residence unless there is a compelling reason to the contrary. c. Regulations. 1. Residential uses and development shall not be approved where shoreline stabilization measures, bluff walls, or bulkheading will be required to protect residential structures, lots or site areas. Residential uses and development shall be located and designed to avoid the need for structural shoreline stabilization and flood protection works for the life of the development. 2. New residential uses and development and accessory structures shall be prohibited overwater or floating on the water. 3. All residential shoreline uses and development shall comply with the mitigation sequence outlined in Chapter 3, section 1 of this SMP and with the critical area and vegetation conservation provisions in Chapter 3. 4. Accessory residential uses and structures in the shoreline jurisdiction shall be subordinate in size and intensity to and compatible with primary on-site uses and structures. 5. The creation of new residential lots within the shoreline jurisdiction shall be prohibited unless the applicant demonstrates that all of the provisions of this SMP, including critical area buffer, vegetation conservation, setback, and size restrictions, can be met on the proposed lot. Specifically, it must be demonstrated that all of the following can be met: a. The residence can be built in conformance with all applicable standards in this SMP. b. Adequate water, sewer, road access and utilities can be provided. c. The intensity of development is consistent with the City's Comprehensive Plan. d. The development will not be at risk from floods or geological hazards, and will not put other properties at risk of the same. 6. Stormwater runoff from all new development and redevelopment within the City of Port Angeles shall comply with the most recent version of the City's Urban Services Standards and Guidelines. 9. Transportation. a. Applicability. Transportation facilities are those structures and developments that facilitate the movement of people, goods and services. They include roads and highways, bridges, bikeways, trails, railways, airports (including seaplane facilities), ferry terminals, heliports, public transit facilities, and other related facilities. Parking facilities are considered separately from transportation facilities (see Chapter 3). The policies and regulations in this section pertain to new transportation uses or development as well as to changes to or expansion of any existing transportation facilities. Page 123 Transportation access to Port Angeles's shorelines is important for emergency vehicle access, the movement of freight and industrial materials, access to shoreline uses, waterfront sites, and to recreational and public access attractions. The Harbor Resources Management Plan recommends circulation and access improvements to ensure adequate circulation on and to Port Angeles's shorelines. The policies and regulations below are intended to support those improvements while protecting the shoreline ecology. b. Policies. 1. Transportation planning in the shoreline jurisdiction should consider circulation systems for pedestrian, bicycle, and public transportation as well as other modes. Circulation systems and projects should support existing and proposed shoreline uses that are consistent with the SMP. 2. Pedestrian trails and bicycle paths should be encouraged in the shoreline jurisdiction and should be constructed in a manner compatible with the natural character, resources, and ecology of the shoreline. New and replaced paths shall use permeable materials where feasible. Roadway improvements should include provisions for bicycle and pedestrian movement. 3. When existing transportation corridors are abandoned, they should be reused for water- dependent use or public access. 4. The City should pursue the recommendations in the current edition of the Harbor Resource Management Plan and other City transportation plans to ensure adequate access to shoreline areas, particularly freight access to water-oriented industrial uses. 5. All new and expanded transportation uses and development in the shoreline jurisdiction should be consistent with the City's Comprehensive Plan and applicable capital improvement plans. c. Regulations. General. 1. All new and expanded transportation uses and development in shoreline jurisdiction shall be consistent with adopted City plans. 2. All new and expanded transportation uses and development shall comply with the mitigation sequence outlined in section 1 of Chapter 3 of this SMP. New or expanded transportation facilities that would result in significant ecological impacts shall not be allowed unless the development includes mitigation that ensures: a. Significant short- and long-term risks to the shoreline ecology from the development are eliminated. b. Long-term opportunities to increase the natural ecological functions and processes are not diminished. 3. The following regulation applies to shoreline road ends: a. RCW 35.79.035 prohibits the City from vacating any City street or alley which abuts a body of salt or fresh water unless the street or alley is not currently used or suitable for beach or water access, boat moorage or launching sites, or for a park, viewpoint, recreation, educational, or other public purposes. b. RCW 35.79.035 establishes legal procedures to vacate streets as outlined above. 4. Consult the Washington Department of Fish and Wildlife's Aquatic Habitat Guidelines documents when locating and designing transportation facilities. Page 124 Location: 5. New and expanded transportation facilities shall be located outside of the shoreline jurisdiction, whenever feasible. 6. New and expanded transportation facilities shall be located and designed to prevent or to minimize the need for shoreline stabilization and shoreline modifications. Transportation facilities that must cross water bodies and wetlands shall utilize elevated, open pile, or pier structures whenever feasible. All bridges shall be constructed at an elevation that will allow the passage of debris and provide three feet of freeboard above the 100-year flood level. Bridges and other transportation facilities shall not intrude into or over critical saltwater habitats except as allowed by Chapter 3. 7. Roads shall be located to minimize the need for routing surface waters into and through culverts. Culverts and similar devices shall be designed to accommodate 100-year storm flows and to allow continuous fish passage. Culverts shall be located so as to avoid relocation of the stream channel. Design/Construction/Maintenance: 8. In the design and construction of new and expanded transportation facilities, impervious surfaces shall be minimized. Areas not paved shall be planted with self-sustaining vegetation in accordance with City standards. Such vegetation shall be maintained by the agency or developer constructing or maintaining the road until fully established. Landscape design may provide opportunities to enjoy views of the water or other points of interest. 9. New and expanded transportation facilities shall include provisions for pedestrian, bicycle and public transportation where feasible and appropriate, as determined by the City's Shoreline Administrator utilizing the plans cited in this section. Transportation projects shall support existing and proposed shoreline uses that are consistent with the SMP. 10. Transportation and primary utility facilities shall be required to make joint use of rights- of-way and to consolidate crossings of water bodies to the greatest extent feasible. 11. Fill for new or expanded transportation facilities shall generally be prohibited in water bodies and wetlands. Fill may be permitted as a Conditional Use to support new or expanded transportation facilities, only when: a. All structural and upland alternatives have been proven infeasible; b. The transportation facility is necessary to support uses consistent with this SMP; and c. All unavoidable, adverse environmental impacts are mitigated. 12. New and expanded transportation facilities shall not diminish but may modify public access to the shoreline. 13. Vegetated shoreline areas disturbed by construction or maintenance of transportation facilities shall be replanted and stabilized with native vegetation immediately upon completion of the construction or maintenance activity. When native tree canopy is removed, replacement trees may be required in accordance with PAMC 11.13.050. Replacement vegetation shall be maintained by the party responsible for maintenance of the transportation facility or the property owner, as appropriate. 14. Reserved. Air Transportation: Page 125 15. Aircraft facilities in support of U.S. Coast Guard activities are a permitted use in the HI- M Environment. Aircraft facilities required for the support of seaplane traffic, not including fuel storage, are a permitted use in the HI-M and HI-MU Environments. As an unspecified use, aircraft facilities for other purposes or in other designations shall require a conditional use permit. 10. Utilities (Primary). a. Applicability. Utilities are services and facilities that produce, transmit, carry, store, process, or dispose of electric power, gas, water, sewage, communications, oil, solid wastes, and the like. The provisions in this section apply to primary uses and activities, such as solid waste handling and disposal, sewage treatment plants and outfalls, public high-tension utility lines, power generating or transfer facilities, and gas distribution lines and storage facilities. See Chapter 3, section 11, "Utilities (Accessory)," for on-site accessory use utilities. b. Policies. 1. New utility facilities should be located so as not to require shoreline modifications, where feasible. Note that new shoreline stabilization may not be allowed on State- owned aquatic lands except under extraordinary circumstances, as determined by the Washington State Department of Natural Resources (DNR). 2. Utility facilities and corridors should be located so as to protect views. Whenever feasible, such facilities and corridors should be placed underground, or alongside or under bridges. Note that on State-owned aquatic lands, sewer and stormwater outfalls may be required to be installed below the substrate within nearshore areas, as determined by the Washington State Department of Natural Resources (DNR). 3. Utility facilities and rights-of-way should be designed to preserve the natural landscape and to minimize conflicts with present and planned land uses. 4. New utility facilities should preferentially be located outside of shoreline jurisdiction, if feasible. 5. Utilities should be located in existing rights-of-way and corridors whenever feasible. 6. Utility pipelines and cables on tidelands should be discouraged. c. Regulations. 1. All primary utility facilities and uses shall be located outside of the shoreline jurisdiction, unless infeasible. Utility uses and facilities that must be located in the shoreline jurisdiction shall be designed to minimize harm to shoreline ecological functions, preserve the natural landscape, and minimize conflicts with present and planned land and shoreline uses. The City's Shoreline Administrator may require the relocation or redesign of proposed utility uses and development in order to avoid significant ecological impacts. 2. Utility production and processing facilities, such as power plants and sewage treatments plants or parts of those facilities that are non-water-oriented, shall not be allowed in shoreline areas unless it can be demonstrated that no other feasible option is available. Energy recovery from waste products associated with nearby water-dependent shoreline uses may be allowed. 3. Transmission facilities for the conveyance of services, such as power lines, cables and pipelines, shall be located outside of the shoreline area where feasible. When necessary, such uses and facilities shall assure no net loss of shoreline ecological functions. Utilities shall be located in existing rights-of-way and utility easements or corridors whenever feasible. New or expanded transmission lines shall be underground, unless infeasible, or unless the applicant demonstrates that above ground transmission lines would have a lesser impact. Page 126 4. Development of pipelines and cables on tidelands, particularly those running roughly parallel to the shoreline, and development of facilities that may require periodic maintenance that disrupts ecological functions shall not be allowed unless the Shoreline Administrator determines that no other feasible option exists. When permitted, those facilities shall include provisions to assure no net loss of shoreline ecological functions. Existing above ground lines shall be moved underground during normal replacement processes, when feasible. 5. Utility development shall, through coordination with local government agencies, provide for compatible, multiple uses of sites and rights-of-way when feasible. Such uses may include shoreline access points, trail systems or other forms of recreation and transportation, providing such uses will not unduly interfere with utility operations, endanger public health and safety or create a significant liability for the owner. 6. New solid waste disposal sites and landfill facilities are prohibited. Existing solid waste disposal and transfer facilities in the shoreline jurisdiction shall not be expanded, intensified, or substantially reconstructed unless for an environmental cleanup or ecological restoration purpose. 7. Utility transmission and distribution facilities shall cross areas of shoreline jurisdiction by the shortest, most direct route feasible, unless such route would cause significant ecological impacts. 8. Utility developments shall be located and designated so as to avoid or minimize the use of any structural shoreline stabilization or flood protection works. 9. All underwater pipelines transporting liquids intrinsically harmful to aquatic life or potentially injurious to water quality are prohibited, unless no other feasible alternative exists. Easily accessible automatic shut-off valves shall be provided on both ends of the pipeline. 10. Filling and dredging in shoreline jurisdiction for development of utility facilities or lines is prohibited, except where no other feasible option exists. Permitted crossings shall utilize pier or open pile techniques, when feasible. Boring, rather than open trenching, is the preferred method of utility water crossing. 11. Clearing of vegetation for the installation or maintenance of utilities shall be avoided and minimized; upon project completion, any disturbed areas shall be restored to their pre-project condition. 12. Telecommunication towers, such as radio and cell phone towers, shall be located outside of shoreline jurisdiction where feasible, except when in support of a water- dependent use, such as the U.S. Coast Guard installation. 13. Outfalls shall be designed and constructed according to all applicable regulations and standards. New and reconfigured outfalls must be located and designed to avoid impacts to native aquatic vegetation. Diffusers or discharge points must be located a sufficient distance from nearshore areas to avoid significant ecological impacts. 14. All pipelines supplying water or other liquid for industrial uses shall be metered at the source and destination to ensure there are not leaks in, or damage to, the supplying pipeline(s). CHAPTER 6 Definitions Accessory. Any structure or use incidental and subordinate in size, intensity, etc., to a primary structure, use or development. Page 127 Act. The Washington State Shoreline Management Act, Chapter 90.58 RCW. Adjacent lands. Lands adjacent to the shorelines of the state (outside of shoreline jurisdiction). Administrator. The City of Port Angeles Director of Community and Economic Development or his/her designee, charged with the responsibility of administering the Shoreline Master Program. Appurtenance. A structure or use which is necessarily connected to the use and enjoyment of a primary use or structure, and is located landward of the ordinary high water mark and the perimeter of any wetland. On a statewide basis, normal appurtenances include a garage, deck, driveway, utilities, fences, and installation of a septic tank and drainfield. For purposes of the exemption in WAC 173-27-040(2)(g), normal appurtenances also include grading that does not exceed 250 cubic yards and which does not involve placement of fill in any wetland or waterward of the ordinary high water mark. Aquaculture. The culture or farming of fish, shellfish, or other aquatic plants and animals. Aquaculture does not include the harvest of wild geoduck associated with the state managed wildstock geoduck fishery. For purposes of this SMP, aquaculture does not include activities on private property for personal consumption. Aquatic. Pertaining to those areas waterward of the ordinary high water mark. Archaeological. Having to do with the scientific study of material remains of past human life and activities. Associated wetlands. Wetlands that are in proximity to and either influence, or are influenced by tidal waters or a lake or stream subject to the Shoreline Management Act. Refer to WAC 173-22-030(1). Average grade level. See "Base elevation." Base elevation. The average elevation of the natural or existing topography of the lot, parcel, or tract of real property which will be directly under the proposed building or structure. In the case of structures to be built over the water, average grade level shall be the elevation of the ordinary high water mark. Calculation of the average grade level shall be made by averaging the ground elevations at the midpoint of all exterior walls of the proposed building or structure. Beach. The zone of unconsolidated material that is moved by waves, wind and tidal currents, extending landward to the shoreline. Beach enhancement/restoration. Process of returning a waterfront area to a state more closely resembling a natural beach. Methods may include removal of shoreline armoring, grading, addition of beach materials, vegetation, drift sills and other nonintrusive means as applicable. Beach nourishment. The process of replenishing a beach by artificial means, for example by the deposition of dredged materials, sediment or sand. Also called beach replenishment or beach feeding. Bioengineering. See "Shoreline modifications." Boating facilities. Any of the following uses are considered boating facilities: marinas; dry -land boat storage; in-water moorage; boat launch ramps; covered moorage; boat houses; mooring buoys, and marine travel lifts. Any device or structure used to secure a boat or a vessel, including piers, docks, piles, or buoys are also considered moorage facilities (see Moorage facility definition). Bog. A wet, spongy, poorly drained area which is usually rich in very specialized plants, contains a high percentage of organic remnants and residues, and frequently is associated with a spring, seepage area, or other subsurface water source. A bog is a type of wetland. Breakwater. See "Shoreline modifications." Buffer or buffer area. An undisturbed area adjacent to an environmentally sensitive area that is required to permanently remain in an undisturbed and untouched condition, protects or enhances the environmentally Page 128 sensitive area, and is considered part of the environmentally sensitive area. No building, clearing, grading or filling is permitted, except as authorized by this SMP. A buffer is different than a setback or a vegetation conservation area, although they may overlap. See also "Visual buffer". Building height. Height is measured from average grade level to the highest point of a structure, provided that television antennas, chimneys and other similar appurtenances shall not be used in calculating height, except where such appurtenances obstruct the view of the shoreline of a substantial number of residences on areas adjoining such shorelines. Temporary construction equipment is also excluded in this calculation. Building setback. See "Setback." Bulkhead. See "Shoreline modifications." Buoy. An anchored float for the purpose of mooring vessels. Channel. An open conduit for water, either naturally or artificially created; does not include artificially created irrigation, return flow, or stockwatering channels. Channel Migration Zone (CMZ). The area along a river within which the channel(s) can be reasonably predicted to migrate over time as a result of natural and normally occurring hydrological and related processes when considered with the characteristics of the river and its surroundings. City. The City of Port Angeles, Washington. Clearing. The destruction or removal of vegetation, ground covers, shrubs or trees, which may or may not include root material removal and topsoil removal. Limited pruning is not considered c learing. Comprehensive plan. Comprehensive plan means the document, including maps adopted by the city council, that outlines the City's goals and policies related to management of growth, prepared in accordance with RCW 36.70A. The term also includes adopted subarea plans prepared in accordance with RCW 36.70A. Conditional use. A shoreline use, development or substantial development which is classified as a Conditional Use in this SMP. A use, development or substantial development that is not specifically classified within this SMP is treated as a Conditional Use. Covered moorage. Boat moorage, with or without walls, that has a roof to protect the vessel. Critical areas. Those areas listed in the City's Environmentally Sensitive Areas Protection Ordinance (PAMC 15.20.030.E) and in WAC 173-26-221(2). These include wetlands, aquifer recharge areas, fish and wildlife habitat conservation areas frequently flooded areas, and geologically hazardous areas. In Port Angeles, marine bluffs are locally unique features but are also considered geologically hazardous areas. Current deflector. See "Shoreline modification." Department of Ecology or Department. The Washington State Department of Ecology. Development. A use consisting of the construction or exterior alteration of structures; dredging; drilling; dumping; filling; removal of any sand, gravel, or minerals; bulkheading; driving of piling; placing of obstructions; or any project of a permanent or temporary nature which interferes with the normal public use of the surface of the waters overlying lands subject to the SMA at any state of water level (RCW 90.58.030(3)(a)). Development regulations. The controls placed on development or land uses by the City of Port Angeles, including, but not limited to, zoning ordinances, environmentally sensitive areas protection regulations, all portions of a shoreline master program other than goals and policies approved or adopted under Chapter 90.58 RCW, planned unit development ordinances, subdivision ordinances, and binding site plan ordinances, together with any amendments thereto. Page 129 Dock. A structure which abuts the shoreline and is used as a landing or moorage place for watercraft. A dock may be built either as a fixed platform supported by piling (a pier), or walkway or other surface that floats on the water, or a combination. Dredging. Removal or displacement of earth or sediment (gravel, sand, mud, silt and/or other material or debris) from a water body or associated wetland. Drift cell. "Drift cell", "drift sector", or "littoral cell" means a particular reach of marine shore in which littoral drift may occur without significant interruption and which contains any natural sources of such drift and also any accretion shore forms created by such drift. Ecological functions (or shoreline functions). The work performed or role played by the physical, chemical, and biological processes that contribute to the maintenance of the aquatic and terrestrial environments that constitute the shoreline's natural ecosystem. Ecological restoration. See "Restore." Ecosystem-wide processes. The suite of naturally occurring physical and geologic processes of erosion, transport and deposition, and specific chemical processes that shape landforms within a specific shoreline ecosystem and determine both the types of habitat and the associated ecological functions. EIS. Environmental Impact Statement. Emergency. An unanticipated and imminent threat to public health, safety, or the environment which requires immediate action within a time too short to allow full compliance with the SMP. Emergency construction does not include development of new permanent protective structures where none previously existed. Where new protective structures are deemed by the Administrator to be the appropriate means to address the emergency situation, upon abatement of the emergency situation the new structure shall be removed or any permit which would have been required, absent an emergency, pursuant to Chapter 90.58 RCW or this SMP, shall be obtained. All emergency construction shall be consistent with the policies of Chapter 90.58 RCW and this SMP. As a general matter, flooding or seasonal events that can be anticipated and may occur but that are not imminent are not an emergency (WAC 173-27-040(2)(d)). Enhancement. Actions performed to improve the condition of an existing resource or environmentally sensitive area so that the functions and values provided are of a higher quality. Environment designation(s). See "Shoreline environment designation(s)." Environmentally sensitive area. The following areas within Port Angeles and their buffers as described in Title 15.20.030 PAMC: 1. Aquifer recharge areas; 2. Streams or stream corridors; 3. Frequently flooded areas; 4. Geologically hazardous areas: a. Erosion hazard areas, b. Landslide hazard areas, c. Seismic hazard areas. 5. Habitat areas for priority species and species of concern; and 6. Locally unique features: a. Ravines; b. Marine bluffs; Page 130 c. Beaches and associated coastal drift processes. Erosion. The wearing away of land by the action of natural forces. Exemption. Certain specific developments listed in WAC 173-27-040 are exempt from the definition of substantial development and are therefore exempt from the substantial development permit process of the SMA. An activity that is exempt from the substantial development permit process must still be carried out in compliance with policies and standards of the SMA and the local SMP. Conditional use and variance permits may also still be required even though the activity does not need a substantial development permit. (RCW 90.58.030(3)(e) and WAC 173-27-040). Exempt developments also include those set forth in RCW 90.58.140(9), 90.58.147, 90.58.355 and 90.58.515. Fair market value. The open market bid price for conducting the work, using the equipment and facilities, and purchase of the goods, services and materials necessary to accomplish the development. This would normally equate to the cost of hiring a contractor to undertake the development from start to finish, including the cost of labor, materials, equipment and facility usage, transportation, and contractor overhead and profit. The fair market value of the development shall include the fair market value of any donated, contributed, or found labor, equipment or materials. Feasible. An action, such as a development project, mitigation, or preservation requirement, is feasible when it meets all of the following conditions: a. The action can be accomplished with technologies and methods that have been used in the past in similar circumstances, or when studies or tests have demonstrated in similar circumstances that such approaches are currently available and likely to achieve the intended results; b. The action provides a reasonable likelihood of achieving its intended purpose; and c. The action does not physically preclude achieving the project's primary intended legal use. In cases where this SMP requires certain actions unless they are infeasible, the burden of proving infeasibility is on the applicant. In determining an action's feasibility, the City and Department may weigh the action's relative public costs and public benefits, considered in the short- and long-term time frames. Fill. The addition of soil, sand, rock, gravel, sediment, earth retaining structure, or other material to an area waterward of the ordinary high water mark, in wetlands, or on shorelands in a manner that raises the elevation or creates dry land. Floats. An anchored, buoyed object. Floodplain. A term that is synonymous with the 100-year floodplain and means that land area susceptible to inundation with a one percent chance of being equaled or exceeded in any given year. The limit of this area shall be based upon flood ordinance regulation maps or a reasonable method which meets the objectives of the SMA. Floodway. Those portions of the area of a river valley lying waterward from the outer limits of a watercourse upon which floodwaters are carried during periods of flooding that occur with reasonable regularity, although not necessarily annually, said floodway being identified, under normal condition, by changes in surface soil conditions or changes in types or quality of vegetative groundcover condition, topography, or other indicators of flooding that occurs with reasonable regularity, although not necessarily annually. The floodway shall not include those lands that can reasonably be expected to be protected from floodwaters by flood control devices maintained by or maintained under license from the federal government, the state, or a political subdivision of the state. Gabions. Structures composed of masses of rocks, rubble or masonry held tightly together usually by wire mesh so as to form blocks or walls. Sometimes used on heavy erosion areas to retard wave action or as foundations for breakwaters or jetties. Page 131 Geologically hazardous areas. Areas that, because of their susceptibility to erosion, sliding, earthquake, or other geological events, are not suited to the siting of commercial, residential or industrial development consistent with public health or safety concerns. Geotechnical report (or geotechnical analysis). A scientific study or evaluation conducted by a qualified expert that includes a description of the ground and surface hydrology and geology, the affected land form and its susceptibility to mass wasting, erosion, and other geologic hazards or processes, conclusions and recommendations regarding the effect of the proposed development on geologic conditions, the adequacy of the site to be developed, the impacts of the proposed development, alternative approaches to the proposed development, and measures to mitigate potential site-specific and cumulative impacts of the proposed development, including the potential adverse impacts to adjacent and down-current properties. Geotechnical reports shall conform to accepted technical standards and must be prepared by a qualified professional engineer or geologist who is knowledgeable about the regional and local shoreline geology and processes. Grading. The movement or redistribution of the soil, sand, rock, gravel, sediment, or other material on a site in a manner that alters the natural contour of the land. Guidelines. Those standards adopted by the Department of Ecology into the Washington Administrative Code (WAC) to implement the policy of Chapter 90.58 RCW for regulation of use of the shorelines of the state prior to adoption of shoreline master programs. Such standards also provide criteria for local governments and the Department of Ecology in developing and amending shoreline master programs. The Guidelines may be found under WAC 173-26. Habitat. The place or type of site where a plant or animal naturally or normally lives and grows. Height. See "Building height." House boat or house barge. A residential structure constructed on a floating foundation or barge intended for year-round, permanent occupancy. Such structure is typically moored, anchored or otherwise secured in waters and is not a vessel, even though it may be capable of being towed. Also known as floating home. Hydrological. Referring to the science related to the waters of the earth including surface and groundwater movement, evaporation and precipitation. Hydrological functions in shoreline areas include, water movement, storage, flow variability, channel movement and reconfiguration, recruitment and transport of sediment and large wood, and nutrient and pollutant transport, removal and deposition. Intertidal zone. Refers to that area along the shoreline that is above water at the lowest low tide and below water during the highest high tide. Letter of exemption. A letter or other official certificate issued by the City to indicate that a proposed development is exempted from the requirement to obtain a shoreline permit as provided in WAC 173-27- 050. Letters of exemption may include conditions or other provisions placed on the proposal in order to ensure consistency with the Shoreline Management Act and this SMP. The letter shall indicate the specific exemption being applied to the development and provide a summary of the City's analysis of the consistency of the project with the Master Program and the Act. Levee. A manmade fill or wall that regulates water levels. It is usually earthen and often parallel to the course of a river in its floodplain or along low-lying coastlines. Littoral. Living on, or occurring on, the shore. Littoral drift. The mud, sand or gravel material moved parallel to the shoreline in the nearshore zone by waves and currents. Low impact development (LID). A stormwater management and land development strategy applied at the parcel and subdivision scale that emphasizes conservation and use of on-site natural features integrated Page 132 with engineered, small-scale hydrologic controls to more closely mimic pre-development hydrologic functions. Marina. Refers to a system of piers, buoys, or floats to provide a centralized site for extended moorage for more than four vessels for a period of 48 hours or longer. For regulatory purposes, yacht club facilities and camp or resort moorage areas would also be reviewed as marinas. Boat launch facilities and the sales of supplies and services for small commercial and/or pleasure craft users may be associated with marinas. Where such amenities are included, the marina is considered a multi-use marina. Marine. Pertaining to tidally influenced waters, including oceans, sounds, straits, marine channels, and estuaries, including the Strait of Juan de Fuca and the bays, estuaries and inlets associated therewith. May. Refers to actions that are acceptable, provided they conform to the provisions of this SMP and the SMA. Mitigation (or mitigation sequencing). The process of avoiding, reducing, or compensating for the environmental impact(s) of a proposal, including the following, which are listed in the order of sequence priority, with 1. being top priority (WAC 173-26-201(2)(e)(i)). 1. Avoiding the impact altogether by not taking a certain action or parts of an action. 2. Minimizing impacts by limiting the degree or magnitude of the action and its implementation by using appropriate technology or by taking affirmative steps to avoid or reduce impacts. 3. Rectifying the impact by repairing, rehabilitating, or restoring the affected environment. 4. Reducing or eliminating the impact over time by preservation and maintenance operations. 5. Compensating for the impact by replacing, enhancing, or providing substitute resources or environments. 6. Monitoring the impact and the compensation projects and taking appropriate corrective measures. Mitigation bank. A site where shoreline ecological functions are restored, created, enhanced, or in exceptional circumstances, preserved, expressly for the purpose of providing compensatory mitigation in advance of unavoidable impacts to ecological functions or other aquatic resources that typically are unknown at the time of certification. Moorage facility. Any device or structure used to secure a boat or a vessel, including piers, docks, piles or buoys. Moorage facilities may be located inside of or outside of marinas and other boating facilities. Multi-family dwelling (or residence). A building containing two or more dwelling units, including but not limited to duplexes, apartments and condominiums. Must. A mandate; the action is required. Native plants or native vegetation. Plant species indigenous to the Olympic Peninsula region that could occur or could have occurred naturally on the site. Nearshore. The estuarine/delta, marine shoreline and areas of shallow water from the uplands that directly influence or are influenced by the shoreline to a waterward depth of about ten meters relative to mean high water. (This is the average depth limit of light penetration.) This zone incorporates those ecological processes, such as sediment movement, freshwater inputs, and subtidal light penetration, which are key to determining the distribution and condition of aquatic habitats. By this definition, the nearshore extends landward into the tidally influenced freshwater heads of estuaries and coastal streams. Nonconforming development. A shoreline use or development which was lawfully constructed or established prior to the effective date of this SMP, which no longer conforms to the present regulations or standards of the Program. Page 133 Non-water-oriented uses. Those uses that are not water-dependent, water-related, or water-enjoyment. Normal maintenance. Those usual acts to prevent a decline, lapse, or cessation from a lawfully established condition. Normal protective bulkhead. See "Shoreline modifications." Normal repair. To restore a development to a state comparable to its original condition, including, but not limited to, its size, shape, configuration, location, and external appearance, within a reasonable period after decay or partial destruction, except where repair causes substantial adverse effects to shoreline resource or environment. (WAC 173-27-040(2)(b)). Noxious weed. The traditional, legal term for any invasive, non-native plant that threatens agricultural crops, local ecosystems or fish and wildlife habitat. The term "noxious weeds" includes non-native grasses, flowering plants, shrubs and trees. It also includes aquatic plants that invade wetlands, rivers, lakes and shorelines. Legal requirements, definitions for control, and the state noxious weed list are found in Chapter 16-750 WAC State Noxious Weed List and Schedule. Off-site replacement. To replace wetlands or other shoreline environmental resources away from the site on which a resource has been impacted by a regulated activity. OHWM or ordinary high water mark. That mark that will be found by examining the bed and banks and ascertaining where the presence and action of waters are so common and usual, and so long continued in all ordinary years, as to mark upon the soil a character distinct from that of the abutting upland, in respect to vegetation as that condition exists on June 1, 1971, as it may naturally change thereafter, or as it may change thereafter in accordance with permits issued by the City or the Department of Ecology. PROVIDED, that in any area where the ordinary high water mark cannot be found, the ordinary high water mark adjoining salt water shall be the line of mean higher high tide and the ordinary high water mark adjoining freshwater shall be the line of mean high water, (RCW 90.58.030(2)(c)). For mapping purposes in this SMP, the City has designated seven feet above sea level (NADV 88) as the OHWM. The OHWM must be determined in the field based on the criteria in RCW 90.58.030(2)(c). PAMC. Port Angeles Municipal Code, including any amendments thereto. Periodic. Occurring at regular intervals. Person. An individual, partnership, corporation, association, organization, cooperative, public or municipal corporation, or agency of the state or local governmental unit however designated. (RCW 90.58.030(1)(e)). Pier element. Sections of a pier including the pier walkway, the pier float, the ell, etc. Primary structure. The structure associated with the principal use of the property. It may also include appurtenant structures (such as a garages, attached decks, driveways, utilities, and septic tanks and drainfields) that cannot feasibly be relocated. It does not include structures such as sheds, gazebos or other ancillary improvements that can feasibly be moved landward to prevent the erosion threat. Priority habitat. A habitat type with unique or significant value to one or more species. An area classified and mapped as priority habitat must have one or more of the following attributes: • Comparatively high fish or wildlife density; • Comparatively high fish or wildlife species diversity; • Fish spawning habitat; • Important wildlife habitat; • Important fish or wildlife seasonal range; • Important fish or wildlife movement corridor; Page 134 • Rearing and foraging habitat; • Important marine mammal haul-out; • Refugia habitat; • Limited availability; • High vulnerability to habitat alteration; • Unique or dependent species; or • Shellfish bed. A priority habitat may be described by a unique vegetation type or by a dominant plant species that is of primary importance to fish and wildlife (such as oak woodlands or eelgrass meadows). A priority habitat may also be described by a successional stage (such as, old growth and mature forests). Alternatively, a priority habitat may consist of a specific habitat element (such as a consolidated marine/estuarine shoreline, talus slopes, caves, snags) of key value to fish and wildlife. A priority habitat may contain priority and/or nonpriority fish and wildlife. Priority species. Species requiring protective measures and/or management guidelines to ensure their persistence at genetically viable population levels. Priority species are those that meet any of the criteria listed below: 1. Criterion 1. State-listed or state proposed species. State-listed species are those native fish and wildlife species legally designated as endangered (WAC 232-12-014), threatened (WAC 232-12- 011), or sensitive (WAC 232-12-011). State proposed species are those fish and wildlife species that will be reviewed by the Department of Fish and Wildlife (POL-M-6001) for possible listing as endangered, threatened, or sensitive according to the process and criteria defined in WAC 232- 12-297. 2. Criterion 2. Vulnerable aggregations. Vulnerable aggregations include those species or groups of animals susceptible to significant population declines, within a specific area or statewide, by virtue of their inclination to congregate. Examples include heron colonies, seabird concentrations, and marine mammal congregations. 3. Criterion 3. Species of recreational, commercial, and/or tribal importance. Native and nonnative fish, shellfish, and wildlife species of recreational or commercial importance and recognized species used for tribal ceremonial and subsistence purposes that are vulnerable to habitat loss or degradation. 4. Criterion 4. Species listed under the federal Endangered Species Act as either proposed, threatened, or endangered. Provisions. Policies, regulations, standards, guideline criteria or designations. Public access. Public access is the ability of the general public to reach, touch, and enjoy the water's edge, to travel on the waters of the state, and to view the water and the shoreline from adjacent locations. (WAC 173-26-221(4)). Public interest. The interest shared by the citizens of the state or community at large in the affairs of government, or some interest by which their rights or liabilities are affected such as an effect on public property or on health, safety or general welfare resulting from a use or development. RCW. Revised Code of Washington. Residential development. Development which is primarily devoted to or designed for use as a dwelling(s). Restore. To significantly re-establish or upgrade shoreline ecological functions through measures such as revegetation, removal of intrusive shoreline structures, and removal or treatment of toxic materials. To Page 135 restore does not necessarily mean returning the shoreline area to aboriginal or pre-European settlement condition. Used in the terms shoreline restoration and ecological restoration. Revetment. See "Shoreline modifications." Riparian. Of, on, or pertaining to the shoreline. Riprap. A layer, facing, or protective mound of stones placed to prevent erosion, scour, or sloughing of a structure or embankment; also, the stone so used. Runoff. Water that travels across is not absorbed into the soil but rather flows along the ground land surface and discharges to water bodies either directly or through a collection and conveyance system. See also “Stormwater.” following the topography. Sediment. The fine grained material deposited by water or wind. SEPA (State Environmental Policy Act). SEPA requires state agencies, local governments and other lead agencies to consider environmental factors when making most types of permit decisions, especially for development proposals of a significant scale. As part of the SEPA process public comments are solicited and an EIS may be required. Setback. An area in which buildings or structures shall not be permitted or allowed to project into. Landscaping and nonstructural features such as trails may be allowed in setbacks. In the context of this SMP, a setback is measured horizontally landward of and perpendicular to the ordinary high water mark or from the edge of an environmentally sensitive areas buffer. Shall. A mandate; the action must be done. Shorelands. Those lands extending landward for 200 feet in all directions as measured on a horizontal plane from the ordinary high water mark; floodways and contiguous floodplain areas landward 200 feet from such floodways; and all wetlands and river deltas associated with the streams, lakes, and tidal waters which are subject to the provisions of the SMP; the same to be designated as to location by the Department of Ecology. Shoreline Administrator. See "Administrator." Shoreline areas (and shoreline jurisdiction). The same as "shorelines of the state" and "shorelands" as defined in RCW 90.58.030. Shoreline environment designation(s). The categories of shorelines established to provide a uniform basis for applying policies and use regulations within distinctively different shoreline areas. Shoreline environment designations used in this SMP include: High-Intensity Industrial (HI-I), High- Intensity Marine (HI-M), High- Intensity Mixed Use (HI-MU), High-Intensity Urban Uplands (HI-UU), Urban Conservancy-Low Intensity (UC-LI), Urban Conservancy Recreation (UC-R), Shoreline Residential (SR), Aquatic-Harbor (A-H), and Aquatic-Conservancy (A-C). Shoreline functions. See "Ecological functions." Shoreline Management Act (SMA). The Shoreline Management Act of 1971, Chapter 90.58 RCW, as amended. Shoreline master program, master program, or SMP. This Shoreline Master Program, as adopted by the City of Port Angeles and approved by the Washington Department of Ecology. Shoreline modifications. Those actions that modify the physical configuration or qualities of the shoreline area, usually through the construction of a physical element such as a dike, breakwater, dock, weir, dredged basin, fill, bulkhead, or other shoreline structures. They can include other actions, such as clearing, grading, or application of chemicals. Page 136 • Breakwaters are structures constructed on coasts as part of coastal defense or to protect harbors, anchorage or basins from the effects of weather and waves. • Bulkhead is a retaining wall constructed at or adjacent to the OHWM. These manmade structures are constructed along shorelines with the purpose of controlling beach erosion or to protect adjacent uplands from damage from wave action. Construction materials commonly used include wood pilings, commercially developed vinyl products, large boulders stacked to form a wall, or a seawall built of concrete or another hard substance. • Normal protective bulkheads are those structural and nonstructural developments installed at or near, and parallel to, the ordinary high water mark for the sole purpose of protecting an existing single-family residence and appurtenant structures from loss or damage by erosion. • Bioengineering. The use of biological elements, such as the planting of vegetation, often in conjunction with engineered systems, to provide a structural shoreline stabilization measure with minimal adverse impact to the shoreline ecology. • Bluff wall. A vertical structure placed at the base of a bluff to stabilize the bluff from dynamic forces of gravity or earth movement. Bluff walls are placed upland of the OHWM and are not intended to protect bluff toes from wave action. • Current deflector. An angled stub-dike, groin, or sheet-pile structure which projects into a stream channel to divert flood currents from specific areas, or to control downstream current alignment. • Seawall (also written as sea wall). A structure separating land and water areas primarily to prevent erosion and other damage by wave action. Generally more massive and capable of resisting greater wave forces than a bulkhead. Seawalls may be constructed from a variety of materials, most commonly: reinforced concrete, boulders, steel, or gabions. Additional seawall construction materials may include: vinyl, wood, aluminum, fiberglass composite, and large biodegrable sandbags made of jute and coir. • Soft armoring. See "Bioengineering." • Revetment in coastal management means a sloping structure placed on the shoreline in such a way as to absorb the energy of incoming water. Coastal revetments are usually built to protect slopes and structures as defense against erosion. • Jetty (in marine situations) is any of a variety of structures used for forming basins, protecting navigational channels and harbors, or to influence currents. Jetties contribute to prevention of long shore drift, therefore slowing down beach erosion. • Groin is a structure extending from the shoreline out into the water that influences water flow and the deposition of sediment. In the ocean, groins may create beaches, or avoid having them washed away by longshore drift. Ocean groins run generally perpendicular to the shore. All of a groin may be under water, in which case it is a submerged groin. The areas between groups of groins are groin fields. Groins are generally made of wood, concrete, or rock piles, and placed in groups. Shoreline permit. A substantial development, Conditional Use, revision, or variance permit or any combination thereof. Shoreline property. An individual property wholly or partially within shoreline jurisdiction. Shoreline restoration. See "Restore." Shoreline segment. An area of the shoreline that is defined by distinct beginning points and end points, using parcel numbers or other descriptions (see Chapter 2). Shoreline segments are used to recognize different conditions and resources along different reaches of the City's shorelines. Shorelines. All of the water areas of the state, including reservoirs, and their associated shorelands, together with the lands underlying them; except: (i) shorelines of statewide significance; (ii) shorelines on Page 137 areas of streams upstream of a point where the mean annual flow is 20 cubic feet per second or less and the wetlands associated with such upstream areas; and (iii) shorelines on lakes less than 20 acres in size and wetlands associated with such small lakes. Shorelines Hearings Board (SHB). A six member quasi-judicial body, created by the SMA, which hears appeals by any aggrieved party on the issuance, denying or rescinding of a shoreline permit, enforcement penalty or rules, regulations, or guidelines adopted or approved by the Department of Ecology under the SMA. Shorelines of statewide significance. A select category of shorelines of the state, defined in RCW 90.58.030(2)(e), where special policies apply. In Port Angeles, shorelines of statewide significance include those areas of the Strait of Juan de Fuca north to the Canadian line lying seaward of the line of extreme low tide. Shorelines of the state. The total of all "shorelines" and "shorelines of statewide significance" within the state. Should. The particular action is required unless there is a demonstrated, compelling reason, based on policy of the Shoreline Management Act and this SMP, against taking the action. Sign. A board or other display containing words and/or symbols used to identify or advertise a place of business or to convey information. Excluded from this definition are signs required by law and the flags of national and state governments. Significant ecological impact. An effect or consequence of an action if any of the following apply: 1. The action measurably or noticeably reduces or harms an ecological function or ecosystem-wide process. 2. Scientific evidence or objective analysis indicates the action could cause reduction or harm to those ecological functions or ecosystem-wide processes described in 1. of this subsection under foreseeable conditions. 3. Scientific evidence indicates the action could contribute to a measurable or noticeable reduction or harm to ecological functions or ecosystem-wide processes described in 1. of this subsection as part of cumulative impacts, due to similar actions that are occurring or are likely to occur. Significant vegetation removal. The removal or alteration of native trees, shrubs, or ground cover by clearing, grading, cutting, burning, chemical means, or other activity that causes significant ecological impacts to functions provided by such vegetation. The removal of invasive, non-native, or noxious weeds does not constitute significant vegetation removal. Tree pruning where no more than 25 percent of the live crown of the tree is removed over any five-year period, not including tree topping, where it does not affect ecological functions, does not constitute significant vegetation removal. Vegetation management that may include thinning to reduce plant competition does not constitute significant vegetation removal when part of a management plan developed by a qualified habitat biologist or forester and where it is shown that ecological functions will not be reduced. Removal of trees deemed by a qualified professional to be hazardous, dangerous or unstable does not constitute significant vegetation removal. Single-family residence. A detached dwelling designed for and occupied by one family including those structures and developments within a contiguous ownership which are a normal appurtenance. Solid waste. Solid waste includes solid and semi-solid wastes, including garbage, rubbish, ashes, industrial wastes, wood wastes and sort yard wastes associated with commercial logging activities, swill, demolition and construction wastes, abandoned vehicles and parts of vehicles, household appliances and other discarded commodities. Solid waste does not include sewage, dredge material, agricultural wastes, or wastes not specifically listed above. Page 138 Solid waste disposal. The discharge, deposit, injection, dumping, spilling, leaking, or placing of any solid or hazardous waste on any land area or in the water. Steep slope (also "bluff"). A topographic feature in which the slope is greater than one vertical to one horizontal (45 degrees or 100 percent slope) and with a height from the toe of the slope greater than ten feet. Stormwater. That portion of Runoff during and following precipitation and snowmelt events, including surface runoff, drainage or interflow. that does not normally percolate into the ground or evaporate but flows via overland flow, interflow, channels, or pipes into a defined surface water channel or constructed infiltration facility. Stream. A naturally occurring body of periodic or continuously flowing water normally contained within a channel. Structure. A permanent or temporary edifice or building, or any piece of work artificially built or composed of parts joined together in some definite manner, whether installed on, above, or below the surface of the ground or water, except for vessels. Structure setback. See "Setback." Subdivision. The division or redivision of land to create new parcels for use. Subordinate. Less important than and secondary to a primary structure or use, in this SMP meaning an accessory or ancillary use, which is physically smaller than and acts to support the primary use. Substantial development. Any development which meets the criteria of RCW 90.58.030(3)(e). See also definition of "Development" and "Exemption". Substantially degrade. To cause significant ecological impact. Terrestrial. Of or relating to land as distinct from air or water. Transportation facilities. A structure or development(s), which aids in the movement of people, goods or cargo by land, water, air or rail. They include but are not limited to streets, highways, bridges, causeways, bikeways, trails, railways, ferry terminals, float plane - airport or heliport terminals, and other related facilities. Upland. Generally described as the dry land area above and landward of the ordinary high water mark. Utilities (accessory). Accessory utilities are on-site utility features serving a primary use, such as a water, sewer or gas line. Accessory utilities do not carry significant capacity to serve other users. Utility. Utilities are services and facilities that produce, transmit, carry, store, process, or dispose of electric power, gas, water, sewage, communications, oil, solid wastes and the like. A public or private agency may provide the service or facility that is utilized or available to the general public (or a locationally specific population thereof). Variance. A means to grant relief from the specific bulk, dimensional, or performance standards set forth in this SMP and not a means to vary a use of a shoreline. Vegetation conservation area or VCA. A vegetation conservation area (VCA) is an area along the shoreline where vegetation, especially native vegetation, contributing to the ecological function of shoreline areas must be protected, and where it has been removed or destroyed, should be restored. VCA's are generally measured from the shoreline a specific width landward of and perpendicular to the shoreline. Vessel. A floating structure that is designed primarily for navigation, is normally capable of self-propulsion and use as a means of transportation, and meets all applicable laws and regulations pertaining to navigation Page 139 and safety equipment on vessels, including, but not limited to, registration as a vessel by an appropriate government agency. Visual access. Access with improvements that provide a view of the shoreline or water, but do not allow physical access to the shoreline. Visual buffer. Means of lessening or absorbing the visual impact of a use or development on an adjacent use or development, or separating uses or developments of differing intensities. Visual buffers may include but are not limited to fences or vegetative screens. WAC. Washington Administrative Code. Water-dependent. A use or a portion of a use which cannot exist in any other location and is dependent on the water by reason of the intrinsic nature of its operations. Examples of water-dependent uses may include fishing, boat launching, swimming and stormwater discharges. Water-enjoyment. A recreational use or other use that facilitates public access to the shoreline as a primary characteristic of the use; or a use that provides for recreational use or aesthetic enjoyment of the shoreline for a substantial number of people as a general characteristic of the use and which through location, design and operation ensures the public's ability to enjoy the physical and aesthetic qualities of the shoreline. In order to qualify as a water-enjoyment use, the use must be open to the general public and the shoreline- oriented space within the project must be devoted to the specific aspects of the use that fosters shoreline enjoyment. Water-enjoyment uses may include, but are not limited to: 1. Parks with activities enhanced by proximity to the water. 2. Docks, trails, and other improvements that facilitate public access to shorelines of the state. 3. Food and beverage establishments with water views and public access improvements. 4. Museums with an orientation to shoreline topics. 5. Scientific/ecological reserves. 6. Resorts with uses open to the public and public access to the shoreline; and any combination of those uses listed above. Water-oriented use. A use that is water-dependent, water-related, or water-enjoyment, or a combination of such uses. Water quality. The physical characteristics of water within shoreline jurisdiction, including water quantity, hydrological, physical, chemical, aesthetic, recreation-related, and biological characteristics. Where used in this SMP, the term "water quantity" refers only to development and uses regulated under SMA and affecting water quantity, such as impervious surfaces and stormwater handling practices. Water quantity, for purposes of this SMP, does not mean the withdrawal of ground water or diversion of surface water pursuant to RCW 90.03.250 through 90.03.340. Water-related use. A use or portion of a use which is not intrinsically dependent on a waterfront location but whose economic viability is dependent upon a waterfront location because: 1. The use has a functional requirement for a waterfront location such as the arrival or shipment of materials by water or the need for large quantities of water; or 2. The use provides a necessary service supportive of the water-dependent uses and the proximity of the use to its customers makes its services less expensive and/or more convenient. Weir. A structure generally built perpendicular to the shoreline for the purpose of diverting water or trapping sediment of other moving objects transported by water. Wetland or wetlands. Areas that are inundated or saturated by surface water or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of Page 140 vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. Wetlands do not include those artificial wetlands intentionally created from non-wetland sites, including, but not limited to, irrigation and drainage ditches, grass -lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds, and landscape amenities, or those wetlands created after July 1, 1990, that were unintentionally created as a result of the construction of a road, street or highway. Wetlands may include those artificial wetlands intentionally created from non- wetland areas created to mitigate the conversion of wetlands. Wetland category. See Chapter 3, section 6. Wetland delineation. Identification of a wetland boundary pursuant to subsection 15.24.040.C PAMC, and the most recent edition of the U.S. Army Corps of Engineers (2010) Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Western Mountains, Valleys, and Coast Region (Version 2.0). Wetland delineations are valid for five years; after such date the City shall determine whether a revision or additional assessment is necessary. Wetlands rating system. See Chapter 3, section 6. Zoning. The system of land use and development regulations and related provisions Title 17 PAMC. In addition, the definitions and concepts set forth in RCW 90.58.030, as amended, and implementing rules shall also apply as used herein. CHAPTER 7 Administrative Provisions A. Administrative Authority and Responsibility. Except when specifically exempted by statute, all proposed uses and developments occurring within shoreline jurisdiction must conform to Chapter 90.58 RCW, the Shoreline Management Act, and this Master Program. The City or Department may attach conditions of approval to any permitted use via a permit or statement of exemption as necessary to assure consistency of a project with the Act and this Master Program. Applicants requesting review for permits or statements of exemption under this Master Program have the burden to prove that the proposed development or activity is consistent with the criteria that must be met before a permit or statement of exemption is granted. 1. Shoreline Administrator. The Director of the City of Port Angeles Department of Community and Economic Development or his/her designee (the Administrator) is vested with authority to: a. Administer this Master Program; b. Conduct a thorough review and analysis of shoreline substantial development permit applications. Make written findings and conclusions and approve, approve with conditions, or deny such permits in accordance with the policies and provisions of this Master Program, unless a public hearing or appeal is involved; c. Grant or revise written permit exemptions from Shoreline Substantial Development Permit requirements of this Master Program (see subsection B.2 below); d. Determine compliance with the State Environmental Policy Act (Chapter 43.21C RCW; Chapter 197-11 WAC); e. Specify the required application forms and submittal requirements including the type, details and number of copies; Page 141 f. Advise interested citizens and project proponents of the goals, policies, regulations and procedures of this Master Program; g. Make administrative decisions and interpretations of the policies and regulations of this Master Program and the Shoreline Management Act. When developing administrative interpretations of its shoreline master program, the City shall consult with the Department to insure that any formal written interpretations are consistent with the purpose and intent of Chapter 90.58 RCW and the applicable guidelines; h. Collect applicable fees; i. Determine that application submittals are substantially complete; j. Make field inspections as necessary; k. Submit variance and conditional use permit applications and make findings and recommendations on such permits to the appointed reviewing body for its consideration and action; l. Assure that proper notice is given to appropriate persons and the public for all hearings; m. Provide technical and administrative assistance to the appointed reviewing body as required for effective and equitable implementation of this Master Program and the Act; n. Provide a summary report of the shoreline permits issued in the past calendar year to the appointed reviewing body and the City of Port Angeles City Council; o. Investigate, develop and propose amendments to this Master Program as deemed necessary to more effectively and equitably achieve its goals and policies; p. Seek remedies for alleged violations of this Master Program, the provisions of the Act, or of conditions of any shoreline permit issued by the City; q. Coordinate information with affected agencies; r. Review and grant permit revisions. If the proposed changes are determined by the Administrator to be within the scope and intent of the original permit, consistent with this Master Program and the Act, the Administrator may approve the revision. s. Determine if a proposed development is one of public significance and/or could have a significant impact on the shoreline environment, and consider permit rescissions in accordance with RCW 90.58.140(8). Upon making such a determination, the Administrator may forward the application for shoreline substantial development to the appointed reviewing body for a hearing and action; and t. Forward any decision on any permit application to the Washington State Department of Ecology for filing or action. 2. Appointed Reviewing Body.1 The appointed reviewing body (Reviewing Body) is vested with authority to: [1] a. Review public input on and approve, approve with conditions, or deny requests for variance permits, conditional use permits, shoreline substantial development permits (when a hearing is required) and permit rescissions after considering the findings and recommendations of the Administrator; provided that the reviewing body's decisions may be appealed to the State Shorelines Hearings Board, as provided for in the Act. b. Review and recommend to the City Council any revisions or amendments to the Master Program in accordance with the requirements of the Act and WAC 173-26-090. c. Conduct public hearings as specified in the permit process or which have been requested by the Administrator. Page 142 d. Prepare written findings and conclusions to approve, deny or condition a permit based on the criteria established in this Master Program. e. Where required by this Master Program or other City codes, require any applicant granted a shoreline permit to post a bond or other acceptable security with the City that ensures the applicant, or the applicant's successors in interest will adhere to the approved plans and all conditions attached to the shoreline permit. Such bonds or securities shall have a face value of at least 150 percent of the estimated development cost including attached conditions. Such bonds or securities must be approved by the City Attorney. f. Consider the Administrator's findings and conclusions pertinent to permit decisions in the case of an appeal made by interested parties or members of the public and render the City's final decision. 3. Port Angeles City Council. The Port Angeles City Council is vested with authority to: a. Review and act upon any recommendations of the Administrator and/or appointed reviewing body for amendments to or revisions of the program. The Council shall enter findings and conclusions setting forth the factors it considered in reaching its decision. To become effective any amendments to the program must be reviewed and approved by the Department of Ecology, pursuant to RCW 90.58.090 and Chapter 173-26 WAC. B. Shoreline Substantial Development Permits and Exemptions. 1. Substantial Development. A substantial development permit must be obtained prior to undertaking "substantial development" as defined by the SMA and this Master Program. "Substantial development" shall mean any development of which the total cost or fair market value exceeds $6,416.00 (may be adjusted for inflation by the office of financial management every five years), or any development which materially interferes with the normal public use of the water or shorelines of the state; except that the following are a summary of common developments not considered substantial developments in accordance with RCW 90.58.030(3)(e): a. Normal maintenance or repair of existing structures or developments, including damage by accident, fire or elements. b. Construction of the normal protective bulkhead common to single-family residences. c. Emergency construction necessary to protect property from damage by the elements (see Chapter 6 for the definition of emergency). d. Construction or modification of navigational aids such as channel markers and anchor buoys. e. Construction of a dock, including a community dock, designed for pleasure craft only, for the private noncommercial use of the owner, lessee or contract purchaser of a single- or multiple-family residence. f. The marking of property lines or corners on state-owned lands, when such marking does not significantly interfere with normal public use of the surface of the water. Note: Exemption from substantial development permit requirements does not constitute exemption from the policies and use regulations of the Shoreline Management Act, the provisions of this Master Program, and other applicable city, state or federal permit requirements. Exemptions shall be construed narrowly. Only those developments that meet the precise terms of one or more of the listed exemptions may be granted exemption from the substantial development permit process. The list above is a summary; for a complete list, see RCW 90.58.030(3)(e) and WAC 173-27-040. A development or use that is listed as a conditional use in this Master Program or is an unlisted use must obtain a conditional use permit even if the development or use does not require a Page 143 substantial development permit. When a development or use is proposed that does not comply with the bulk, dimensional and performance standards of the Master Program, such development or use can only be authorized by approval of a variance. If any part of a proposed development is not eligible for exemption, then a substantial development permit is required for the entire proposed development project. The Administrator's decision on a shoreline substantial development permit may be appealed to the appointed reviewing body as outlined in subsection A above. The Administrator's decision shall not require a public hearing except in accordance with subsection A.1.s. above. 2. Statement of Exemption. For projects located within shoreline jurisdiction that do not require a shoreline substantial development permit, applicants shall be required to obtain a written "statement of exemption." The statement of exemption verifies that the shoreline development is exempt and provides the applicant with an itemized list of all requirements (Master Program and otherwise) applicable to the proposed development. For shoreline development which is exempt, the statement shall indicate the specific exemption that is being applied to the development and provide a summary of the City's analysis of the consistency of the project with the Master Program and the Act. The City may attach conditions to the approval of exempted developments and/or uses as necessary to assure consistency of the project with the Act and this Master Program. For example, a building permit for a single-family residence can be conditioned with provisions from the Master Program. The Administrator's decision on an exemption may be appealed to the appointed reviewing body as outlined in Section A. above. C. Conditional Use Permits. 1. Shoreline Conditional Use Permits. The Shoreline Administrator or otherwise authorized designee shall have the authority to make findings, conclusions, and recommendations on shoreline conditional use permits. The appointed reviewing body shall have the authority to hear and take action on applications for shoreline conditional use permits as authorized by subsection A above. The application for a shoreline conditional use permit shall be made on forms prescribed by the Shoreline Administrator and shall be processed pursuant to the PAMC. Review will be for purposes of determining consistency with: • The legislative policies stated in the Shoreline Management Act, RCW 90.58.020. • The Shoreline Master Program of the City of Port Angeles. Conditional use permits require a public hearing as outlined in subsection A.2. above. Notice of public hearings shall be published in the same manner as provided in the Port Angeles Municipal Code. 2. Shoreline Conditional Use Permit Criteria. The purpose of a conditional use permit is to allow greater flexibility in administering the use regulations of the Master Program in a manner consistent with the policies of the SMA. In authorizing a conditional use, special conditions may be attached to the permit by the City or Department of Ecology to prevent undesirable effects of the proposed use and/or to assure consistency of the project with the Act and this Master Program. Conditional use permits may be granted in the following circumstances: a. The uses is classified or set forth in the Master Program as a conditional use and the applicant can demonstrate all of the following: 1. The proposed use will be consistent with the policies of the SMA and the policies of the City of Port Angeles Shoreline Master Program; 2. The proposed use will not interfere with the normal public use of public shorelines; Page 144 3. The proposed use of the site and design of the project will be compatible with other permitted uses within the area; 4. The proposed use will cause no significant adverse effects to the shoreline environment in which it is to be located; and 5. The public interest suffers no substantial detrimental effect. b. Uses not classified or set forth in the Master Program may be authorized as conditional uses provided that the applicant can demonstrate, in addition to the criteria set forth in subsection 2.a. above, consistency with any other requirements for conditional uses in this Master Program. c. In the granting of all conditional use permits, consideration shall be given to the cumulative impact of additional requests or like actions in the area. d. Uses which are specifically prohibited by the Master Program may not be authorized as conditional uses. e. All Shoreline Conditional Use Permits issued by the City must be submitted to the Department of Ecology for its approval or disapproval in accordance with RCW 90.58.140(10). Appeals of Ecology decisions on shoreline conditional use permits shall be made to the Shoreline Hearings Board as specified in subsection E.3 below. 3. Compliance with Conditions. When plans are approved as part of a shoreline conditional use permit, modifications of the original plans may be made only after a review has been conducted by the Shoreline Administrator and approval granted by the designated hearing body. Revisions to permits shall be processed in accordance with subsection E.4. below. In the event of failure to comply with approved plans or with any conditions imposed upon the conditional use permit, the permit shall immediately become void and any continuation of the use activity shall be construed as being in violation of Title 15 PAMC and a public nuisance. D. Variances. 1. Variances - Generally. The Shoreline Administrator or otherwise authorized designee shall have the authority to make findings, conclusions and recommendations on shoreline variances. The appointed reviewing body shall have the authority to hear and take action on applications for variances as authorized by subsection A above. The application for a variance shall be made on forms prescribed by the Shoreline Administrator and shall be processed and acted upon in the same manner as is provided for conditional shoreline development permits. If a variance application is not merged with a pending substantial development permit application, the applicant shall pay the City the fee established in PAMC 3.70. All variances issued by the City must be submitted to the Department of Ecology for its approval or disapproval in accordance with RCW 90.58.140(10). Variances require a public hearing as outlined in subsection A.2 above. 2. Variance Criteria. The purpose of a variance is strictly limited to granting relief to specific bulk, dimensional, or performance standards set forth in the Master Program when there are extraordinary or unique circumstances relating to the physical character or configuration of the property such that the strict implementation of the Master Program would impose unnecessary hardships on the applicant or thwart the policies set forth in the SMA. The criteria for granting variances shall be consistent with WAC 173-27-170 and include the following: a. Variances should be granted in a circumstance where denial of the permit would result in a thwarting of the policy enumerated in RCW 90.58.020. In all instances, extraordinary Page 145 circumstances must be shown, and the public interest shall suffer no substantial detrimental effect. b. Variances for development that will be located landward of the ordinary high water mark and/or landward of any wetland may be authorized provided the applicant can demonstrate all of the following: 1. The strict application of the bulk, dimensional, or performance standards as set forth in the Master Program preclude or significantly interfere with reasonable use of the property; 2. The hardship is specifically related to the property and is the result of unique conditions, such as irregular lot shape, size, or natural features, in the application of the Master Program and not, for example, from deed restrictions or the applicant's own actions; 3. The design of the project will be compatible with other permitted activities in the area and will not cause adverse effects to adjacent properties or the shoreline environment; 4. The variance does not constitute a grant of special privilege not enjoyed by other properties in the area, and will be the minimum necessary to afford relief; and 5. The public interest will suffer no substantial detrimental effect. c. Variances for development located waterward of the ordinary high water mark or within any wetland may be authorized provided the applicant can demonstrate all of the criteria specified in subsection 2.b above, and that the public rights of navigation and use of the shorelines will not be adversely affected. d. Uses which are specifically prohibited by the Master Program may not be authorized as a variance. e. In granting of all variances, consideration shall be given to the cumulative impact of additional requests or like actions in the area. f. All shoreline variances issued by the City must be submitted to the Department of Ecology for its approval or disapproval in accordance with RCW 90.58.140(10). Appeals of Ecology decisions on shoreline variances shall be made to the Shoreline Hearings Board as specified in subsection E.3 below. Appeals of Ecology decisions on variances shall be made to the Shoreline Hearings Board as specified in subsection E.3 below. E. Permit Application. 1. Application Process. The Administrator shall provide the necessary application forms for shoreline substantial development permits, conditional use permits and variance permits. a. The applicant shall provide, at a minimum, the following information: 1. The most recently updated Joint Aquatics Resource Permit Application (JARPA) form. 2. The State Environmental Policy Act (SEPA) checklist. 3. The filing fee in an amount as established in PAMC 3.70, payable at the time of the application. b. A complete application and supporting documents for all shoreline permits shall be submitted to the Shoreline Administrator for processing and review. Any deficiencies in the application shall be corrected by the applicant prior to further processing. c. Permit Application Review. 1. Notice of Application and Permit Application Review shall occur in accordance with WAC 173-27-110 and PAMC 18.02. Public comment periods shall be 30 days in length in accordance with RCW 90.58.140(4). d. Public Hearings. Page 146 1. Public hearings shall be held as requested or required in accordance with subsections A—D above. 2. A written notice of the public hearing at which the appointed reviewing body will consider the application shall be mailed or delivered to property owners within at least 300 feet of the subject property, posted on the site and published in the local newspaper per WAC 173-27-110 and PAMC 17.96.140. 3. The appointed reviewing body shall review permit applications and make a decision based on any or all of the following: i. The application materials; ii. SEPA documentation (if required); iii. Written and oral comments from interested persons during the published public comment period; iv. Evidence presented at the public hearing; v. The findings, conclusions and the recommendations of the Administrator; vi. This Shoreline Master Program; and vii. The Shoreline Management Act, RCW 90.58, and its supporting WACs. 4. Following the action taken by the appointed reviewing body, the City will send a notice of decision to Department of Ecology per WAC 173-27-200. 2. Time Requirements. a. The time requirements of this section shall apply to all substantial development permits and to any development authorized pursuant to a variance or conditional use permit. b. Construction pursuant to permits issued shall not begin and is not authorized until 21 days from the date of filing as provided in RCW 90.58.140(5) and (6); or until all review proceedings are terminated if the proceedings were initiated within 21 days from the date of filing. c. Construction activities shall commence or, the use or activity shall commence within two years of the effective date of the permit. The City may authorize a single extension for a period not to exceed one year based on reasonable factors, if a request for extension has been filed before the expiration date, and notice of the proposed extension is given to parties of record on the permit and to the Department of Ecology. d. Authorization to conduct development activities will terminate five years after the effective date of the permit. The City may authorize a single extension for a period not to exceed one year based on reasonable factors, if a request for extension has been filed before the expiration date and notice of the proposed extension is given to parties of record and to the Department of Ecology. e. The effective date of a permit shall be the date of filing as provided in RCW 90.58.140(6). f. The permit time periods in the provisions of subsections 2.c and 2.d above do not include the time during which a use or activity was not actually pursued due to the pendency of administrative appeals or legal actions or due to the need to obtain any other government permits and approvals for the development that authorize the development to proceed, including all reasonably related administrative or legal actions on any such permits or approvals. 3. Appeals. a. Any decision or ruling made by the Administrator on a substantial development permit, Master Program policy or regulation interpretation, permit revision, exemption or other action Page 147 within the purview and responsibility of the Administrator may be appealed to the appointed reviewing body as outlined in Section A above. b. Any person aggrieved by the granting, denying, or rescinding of a permit on shorelines of the state may seek review from the Shorelines Hearings Board by filing a petition for review within 21 days of the date of filing of the decision as defined in RCW 90.58.140(6). Within seven days of the filing of any petition for review with the board as provided in this section pertaining to a final decision of a local government, the petitioner shall serve copies of the petition on the Department, the office of the Attorney General, and the City. Request shall be in the form required by the rules for practice and procedure before the Hearings Board. 4. Revisions to Permits (See also WAC 173-27-100). A permit revision is required whenever the applicant proposes substantive changes to the design, terms or conditions of a project from that which is approved in the permit. Changes are substantive if they materially alter the project in a manner that relates to its conformance to the terms and conditions of the permit, the Master Program and/or the policies and provisions of the Act. Changes which are not substantive in effect do not require approval of a revision. When an applicant seeks to revise a substantial development, conditional use, or variance permit, the Shoreline Administrator shall request from the applicant detailed plans and text describing the proposed changes in the permit. If the Shoreline Administrator determines that the proposed changes are within the scope and intent of the original permit, the revision may be approved, provided it is consistent with Chapter 173-27 WAC, the Shoreline Management Act, and this Master Program. "Within the scope and intent of the original permit" means the following: a. No additional over-water construction will be allowed except pier, dock, or float construction may be increased by 500 square feet or ten percent of the original permit dimensions, whichever is less. b. Lot coverage and height may be increased a maximum of ten percent from provisions of the original permit. New structures not shown on the original site plan, however, require a new permit. c. Landscaping may be added or revised without necessitating a new permit if consistent with the conditions attached to the original permit and with the Shoreline Master Program. d. The use authorized pursuant to the original permit is not changed. e. No adverse environmental impact will be caused by the project revision. f. The revised permit shall not authorize development to exceed height, lot coverage, setback, or any other requirements of the applicable Master Program except as authorized under a variance granted by the original permit or a part thereof. If the revision, or the sum of the revision and any previously approved revisions, will violate the criteria specified above, the Shoreline Administrator shall require the applicant to apply for a new substantial development, conditional use, or variance permit, as appropriate, in the manner provided for herein. The revision approval, including the revised site plans and text consistent with subsection E.1 above, as necessary to clearly indicate the authorized changes, and the final ruling on consistency with this subsection shall be filed with the Department of Ecology. In addition, the City shall notify parties of record of the action. If the revision to the original permit involves a conditional use or variance, the City shall submit the revision to the Department for t he Department's approval, approval with conditions, or denial, and shall indicate that the revision is being submitted under the requirements of this subsection. The Department shall render and transmit to the City and the applicant its final decision within 15 days of the date of the Department's receipt of the submittal from the City. The City shall notify Page 148 parties of record of the Department's final decision. The revised permit is effective immediately upon final decision by the City or, when appropriate upon final action by the Department. F. Nonconforming Uses and Development. Nonconforming uses or developments are shoreline uses or structures which were lawfully constructed or established prior to the effective date of the act or the Master Program, or amendments thereto, but that do not conform to present regulations or standards of the Master Program. In such cases, the following standards shall apply: 1. Nonconforming Structures and Development. a. Legally established nonconforming structures being used for a conforming use may be maintained and repaired and may be enlarged or expanded provided such structure is not expanded in any way that increases its nonconformity. b. Uses and developments that were legally established and are nonconforming with regard to the use regulations of the Master Program may continue as legal nonconforming uses. Such uses shall not be enlarged or expanded. Existing, non-water-oriented industry is the only exception; such uses may be permitted to expand upland with approval of a conditional use permit. See Chapter 5, subsection 5.c. c. A legal, conforming building or structure housing a nonconforming use shall be permitted to be repaired, altered, remodeled, or reconstructed providing said repairs, alteration, remodeling or reconstruction do not expand the building space or site area used by a nonconforming use. For existing non-water-oriented industry, see subsection F.1.b, above. d. A nonconforming structure that is moved any distance must be brought into conformance with the Master Program and the Act when feasible, and at a minimum be made more conforming. e. If a nonconforming structure is damaged to an extent not exceeding 75 percent of the assessed value of the structure, it may be reconstructed to those configurations existing immediately prior to the time the structure was damaged, so long as restoration or reconstruction is started within nine months and is completed within 18 months of the date that damage or demolition occurred, or, if such date is unknown, then the date that the damage or demolition is reported, or reasonably capable of being reported, to the City. A legal nonconforming building or structure damaged or demolished to an extent that exceeds 75 percent of the existing assessed value of the building or structure for tax purposes may be restored or reconstructed providing it conforms to all regulations of the environment designation or shoreline segment in which it is located. Reconstruction will require obtaining standard building permit prior to construction. f. If a nonconforming use is discontinued for any period of one year or more, any subsequent use shall be conforming. It shall not be necessary to show that the owner of the property intends to abandon such nonconforming use in order for the nonconforming rights to expire. g. A use which is listed as a conditional use but which existed prior to adoption of the Master Program or any relevant amendment or prior to the applicability of the Master Program to the site and for which a conditional use permit has not been obtained shall be considered a nonconforming use. h. A structure for which a variance has been issued shall be considered a legal nonconforming structure and the requirements of this section shall apply as they apply to pre-existing nonconformities. i. A nonconforming use shall not be changed to another nonconforming use, regardless of the conforming or nonconforming status of the building or structure in which it is housed. 2. Nonconforming Lots. An undeveloped lot, tract, parcel, site or subdivision located landward of the ordinary high water mark that was legally established prior to the effective date of the Act or the Master Program, but that does not conform to the present lot size or density standards may be Page 149 developed so long as such development conforms to all other requirements of the Master Program and the Act. G. Documentation of Project Review Actions and Changing Conditions in Shoreline Areas. The City will keep on file documentation of all project review actions, including applicant submissions and records of decisions, including conditions applied, relating to consistency with this SMP. The City shall periodically evaluate the cumulative effects of authorized development on shoreline conditions. H. Enforcement and Penalties. The choice of enforcement action and the severity of any penalty will be based on the nature of the violation and the damage or risk to the public or to public resources. The existence or degree of bad faith of the persons subject to the enforcement action, the benefits that accrue to the violator and the cost of obtaining compliance may also be considered. 1. Civil Penalty. a. Action: The City Attorney shall bring such injunctive, declaratory, or other actions as are necessary to insure that no uses are made of the state shorelines that conflict with the provisions of the Act and this Master Program and to otherwise enforce the provisions of the Act and the Master Program. b. Non-Compliance: Any person who fails to conform to the terms of a permit issued under this Master Program, or who undertakes a development or use on the shorelines of the state without first obtaining any permit required under the Master Program, or who fails to comply with a cease and desist order issued as outlined below, shall also be subject to a civil penalty not to exceed $1,000.00 for each violation. Each permit violation or each day of continued development without a required permit shall constitute a separate violation. c. Aiding and Abetting: Any person who, through an act of commission or omission procedures, aids or abets in the violation shall be considered to have committed a violation for the purposes of the civil penalty. d. Notice of Penalty: The City and/or the Department of Ecology may serve written notice of the penalty, either by certified mail with return receipt requested or by personal service, on the person incurring the violation. The notice shall describe the violation, approximate date(s) of the violation, and shall order the acts constituting the violation to cease and desist, or in appropriate cases, require necessary corrective action within a specific time. e. Remission and Joint Order: Within 30 days of the date of receipt of the penalty, the person incurring the penalty may appeal in writing such penalty. Upon receipt of the application, the City may remit or mitigate the penalty only upon a demonstration of extraordinary circumstances, such as the presence of information or factors not considered in setting the original penalty. Appeals of any penalty imposed by the City pursuant to this section shall be subject to review by the City Council. In accordance with RCW 90.58.210(4), any penalty jointly imposed by the City and the Department of Ecology may be appealed to the Shorelines Hearings Board. When a penalty is imposed jointly by the City and the Department of Ecology, it may be remitted or mitigated only upon such terms as both the City and the Department agree. f. Effective Date: The cease and desist order issued under this subsection shall become effective immediately upon receipt by the person to whom the order is directed. g. Compliance: Failure to comply with the terms of a cease and desist order can result in enforcement actions including, but not limited to, the issuance of a civil penalty. 2. Delinquent Permit Penalty. Permittees applying for a permit after commencement of a use or activity may, at the discretion of the City, be required to pay a delinquent permit penalty not to exceed three times the standard permit fee. A person who has caused, aided or abetted a violation within two years after the issuance of a regulatory order, notice of violation, or penalty by the City or the Department may be subject to a delinquent permit penalty not to exceed ten times the standard permit fee. Delinquent permit penalties shall be paid in full prior to resuming the use or activity. Page 150 3. Property Lien. Any person who fails to pay prescribed penalties as authorized in this section shall be subject to a lien upon the affected property until such time as the penalty is paid in full. The City Attorney shall file the lien against the affected property at the office of the County Assessor. 4. Mandatory Civil Penalties. Issuance of civil penalties is mandatory in the following instances: a. The violator has ignored an order or notice of violation; b. The violation causes or contributes to significant environmental damage to shorelines of the State as determined by the City or the Department; c. A person causes, aids or abets in a violation within two years after issuance of a similar regulatory order, notice of violation or penalty by the City or the Department. 5. Minimum City Penalty Levels. a. The minimum penalty for all violations with mandatory civil penalties as outlined above is $250.00. b. For instances requiring penalties not outlined in Section 4 above, the minimum penalty is $100.00. 6. General Criminal Penalty. In addition to incurring civil liability under Section 1, any person found to have willfully engaged in activities on the shorelines of the State in violation of the provisions of the Act or the Master Program shall be guilty of a misdemeanor and shall be punished by a fine of not less than $100.00, nor more than $1,000.00, or by imprisonment in the county jail for not more than 90 days for each separate offense, or by both such fine and imprisonment. Provided, that the fine for each separate offense for the third and all subsequent violations in any five-year period shall be not less than $500.00, nor more than $10,000.00. 7. Violator Liabilities - Damages, Attorney's Fees/Costs. Any person subject to the regulatory program of the Act or the Master Program who violates any provision thereof or permit issued pursuant thereto shall be liable for all damage to public or private property arising from such violation, including the cost of restoring the affected area to its condition prior to violation. The City Attorney shall bring suit for damages under this section on behalf of the City. Private persons shall have the right to bring suit for damages under this section on their own behalf and on the behalf of all persons similarly situated. If liability has been established for the cost of restoring an area affected by a violation, the court shall make provisions to assure that restoration will be accomplished within reasonable time at the expense of the violator. In addition to such relief, including money damages, the court in its discretion may award attorney's fees and costs of the suit to the prevailing party. I. Amendments to this Master Program. The City shall conduct a review of its Master Programs at least once every eight years as required by RCW 90.58.080(4)(b). Following the required review, the City shall, if necessary, revise its master program to assure: a. That the Master Program complies with applicable law and guidelines in effect at the time of the review; and b. Consistency of the Master Program with the comprehensive plan, development regulations, and other local requirements. Appendix A City of Port Angeles Shoreline Master Program Shoreline Environmental Designations Descriptions Figure 1. City of Port Angeles Shoreline Reaches Page 151 Segment A: Eastern reach (UC-LI) Segment B: Eastern residential reach (SR) Segment C: Industrial shoreline facing the Strait of Juan de Fuca (HI-I) Segment D: Ediz Hook both inner and outer shorelines (UC-R) Segment E: Ediz Hook east both inner and outer shorelines (HI-M) Segment F: Southern shoreline of Mill Pond (Parallel designations UC-R and SR) Segment G: Wetland area between Hill Street and Marine Drive (UC-LI) Segment H: Shorelines of the Mill Pond (HI-I) Segment I: Industrial shoreline facing the Harbor (HI-I) Segment J: Boat Haven reach (HI-M) Segment K: East shore of Valley Creek estuary (Parallel designations HI-UU and UC-R) Segment L: Downtown reach (HI-MU) Page 152 Segment N: Central City reach from Lincoln Street to the Rayonier site (Parallel designations including UC- R, SR and HI-UU) Segment O: Western portion of the Rayonier site east of Ennis Creek (HI-MU) Segment P: East of Ennis Creek to eastern boundary of UGA (parallel designation UC-R and SR) High-Intensity Industrial (HI-I) Environment Segment C = Shoreline Designated HI-I Facing the Strait of Juan de Fuca Begins: Western edge of parcel 063000014600. Ends: Extension of eastern edge of DNR lease 29 (DNR Port Angeles Harbor Area lease records map). Segment H = Shoreline Designated HI-I Facing the Lagoon Begins: Extension of eastern edge of DNR lease 29 (DNR Port Angeles Harbor Area lease records map), following north side of lagoon. Ends: Line from lagoon to 200 ft. west of lagoon 100 feet due north of northern edges of parcels 063000102905 and 063000102900. Segment I = Shorelines Designated HI-I Facing the Port Angeles Harbor Begins: Centerline of L Street right-of-way extended. Ends: Eastern edge of parcel 063000011750. Page 153 High-Intensity Marine (HI-M) Environment Segment E. East Ediz Hook Reach Begins: On both the north and south shores of Ediz Hook, extension of western edge of parcel 06300000410, approximately 135 feet east of the Ediz Hook radio towers. Ends: eastern tip of Ediz Hook. Page 154 Segment J. Boat Haven Reach Begins: Western edge of parcel 063000079620 (west boundary of the Boat Haven Marina). Ends: Southern edge of 063000001035 (centerline of Valley Street). Page 155 High-Intensity Urban Uplands (HI-UU) Environment Segment K Parcels 063000001315, 063000001325, 063000001310, 063000001300 and 063000001302, and Front Street, 1st/Front Alley and Marine Drive right-of-way within 200 feet of OHWM. The uplands adjacent to and east of Valley Creek Estuary Park. Page 156 Segment M. Urban Uplands Begins: East of Lincoln Street centerline. Ends: West edge of Vine Street extended. Includes parcels south of the Olympic Discovery/Waterfront Trail not including the marine bluff. Segment N. Urban Uplands Begins: Western edge of parcel 063000103326 above the top of the marine bluff. Ends: Western edge of parcel 063000530345 where 200-foot shoreline jurisdiction and top of marine bluff intersect. Page 157 High-Intensity Mixed-Use (HI-MU) Environment Segment L. Downtown Waterfront Begins: West edge of Cherry Street right-of-way extended north. Ends: East edge of Vine Street right-of-way extended north. Page 158 Segment O. Western Ennis Creek Reach (Former Rayonier Site) Begins: The centerline of the Water Street/Columbia Street alley extending from the top of the marine bluff to the OHWM. Ends: Centerline of Ennis Creek. Page 159 Urban Conservancy-Low Intensity (UC-LI) Environment Segment A. Ocean View Reach - City Transfer Station and Ocean View Cemetery Begins: City limits (western edge of parcel 073136330170). Ends: East side of unopened "Q" Street right-of-way abutting the east end of Ocean View Cemetery extended (east of parcel 063000108700). This reach is entirely owned by the City of Port Angeles. Page 160 Segment G. Wetlands Between Marine Drive and Hill Street at the base of the marine bluff Begins: Extension of western edge of parcel 063000014089. Ends: Parcel 063000012524. Page 161 Urban Conservancy-Recreation (UC-R) Environment Segment D. Ediz Hook Reach Begins: North and south shore of Ediz Hook, from eastern edge of DNR lease 29 (Tesoro Tank farm entry). Ends: Extension of western edge of parcel 063000000410, approximately 135 feet east of radio tower enclosure fence. Page 162 Segment F. Shorelines Along the Lagoon Designated UC-R Begins: Line from lagoon to 275 ft. west of lagoon. 100 ft. due north of northern edges of parcels 063000102905 and 063000102900. Ends: Centerline of K Street right-of-way (with the exception of parcels 063099002930, 063000102905, 063000102900, 063000014520 and 063000014575). Page 163 Segment K. Shorelines facing the Valley Creek Estuary Begins: East shore of Valley Creek estuary, east of Valley Street centerline, excluding Marine Drive ROW. Ends: West side of Cherry Street right-of-way (extended) north of Front Street. Page 164 Segment M. Urban Conservancy Recreation Begins: East of City Pier Park, (Chase Street ROW extended north). Ends: West edge of Vines Street extended. Segment N. Urban Conservancy Recreation Begins: West edge of Vines Street extended. Ends: West edge of Rayonier Mill site. Includes area north of and including the Waterfront/Olympic Discovery Trail and the Victoria Street right-of- way to the top of the marine bluff and all of Francis Street Park. Page 165 Segment P. Shorelines east of the centerline of Ennis Creek to the east UGA boundary Includes all lands upland of OHWM to the top of the marine bluff with the exception of the area designated as Lee's Creek Sub-Reach. Page 166 Shoreline Residential (SR) Environment Segment B. West Bluffs Reach west of Ediz Hook Begins: Eastern side of unopened right-of-way east of Ocean View Cemetery. Ends: Northern edge of parcel 063000940003 and northeastern edge of 063000102925. Page 167 Segment F. Shorelines areas south of the Lagoon Designated SR Portions of parcels 063099002910, 063099002930, 063000102905, 063000102900, 063000014520 and 063000014575 that are located within 200 feet of the OHWM. Page 168 Segment N. Shoreline Residential Begins: East of downtown. Includes all areas located above the top of the marine bluff including street right- of-way (Does not include Olympic Medical Center site). Ends: East side of Race Street right-of-way. Page 169 Segment P. Eastern Reach. Rayonier site to east boundary of UGA Begins: East of Ennis Creek centerline and above the top of marine bluff. Ends: Eastern limit of Urban Growth Area. (east side of parcel 053008220020). Page 170 Sub-segment P. Lees Creek sub-reach Begins: Western edge of parcel 063012581015. Ends: Eastern edge of parcel 063012640400. Aquatic-Harbor (AQ-H) Environment All aquatic areas waterward of the OHWM within Port Angeles Harbor, which include submerged lands lying westward of the City limit line extending from the easternmost tip of Ediz Hook southward to the Port Angeles City limits at the shoreline as of January 1, 2012. Aquatic-Conservancy (AQ-C) Environment All aquatic areas below OHWM which are marine waters outside of Port Angeles Harbor but within the City's Shoreline Jurisdiction. The City's Shoreline Jurisdiction extends north to the international border. The Aquatic Conservancy designation includes the lagoon at the base of Ediz Hook. Appendix B. Inventory, Characterization and analysis Appendix C. Cumulative Impacts Analysis Appendix D. Shoreline Restoration Plan Appendix E. Environmentally Sensitive Areas Protection Regulations November 29, 1991 and most recently amended by Ordinance #3367, dated September 15, 2009 Page 171 (Ord. 3514, § 1(Exh. A), 10/21/2014; Ord. 3052 §§ 1, 2, 6/16/2000; Ord. 2991 [am. map], 5/29/1998; Ord. 2869 § 1, 6/2/1995; Ord. 2771, § 2, 7/30/1993; Ord. 2065 § 1, 2/16/1980; Ord. 2033 § 3, 7/17/1979) Footnotes: 15.08.050 - Definitions. In addition to those definitions contained within RCW 90.58.030, the following terms shall have the following meanings, unless the context indicates otherwise: A. "Council" means the City Council of the City. B. "Local government" means the City. C. "Master program" means the City of Port Angeles Shoreline Master Program and the use regulations, together with maps, charts, diagrams or other descriptive material and text; a statement of desired goals and standards developed in accordance with the policies enunciated in RCW 90.58.020, as adopted and amended by the City. D. "The Planning Department" means the Planning Department of the City. E. "Public Works Department" means the Public Works Department of the City. F. "Shorelines" means all the water areas within the City. G. "Shorelines of statewide significance" means those shorelines described in RCW 90.58.020(2)(e) that are within the City. H. "Shorelines of the City" means the total of all shorelines and shorelines of statewide significance within the City. (Ord. 3516 § 1, 10/21/2014; Ord. 3479 § 1, 5/21/2013; Ord. 2869 § 2, 6/2/1995; Ord. 2033 § 5, 7/17/1979) 15.08.060 - Permit applications. A. Application for all permits required under this chapter shall be made with the Planning Department by the property owner, lessee, contract purchaser or other person entitled to possession of the property, or by an authorized agent. B. A filing fee established by ordinance and codified in Chapter 3.70 PAMC shall be paid to the Planning Department at the time an application is filed. (Ord. 2789 § 10, 1/1/1994; Ord. 2143 § 3, 6/1/1981; Ord. 2033 § 6, 7/17/1979) 15.08.070 - Appointed Reviewing Body. A. The Council shall appoint a reviewing body. The Appointed Reviewing Body shall consider applications and make decisions regarding permits, based on the policies contained under Chapter 90.58 RCW, the provisions of Chapter 173-27 and 173-22 WAC and the City of Port Angeles Shoreline Master Program, as adopted and amended by the City. The Appointed Reviewing Body shall periodically review the Shoreline Master Program and make recommendations to the City Council regarding such adjustments as are necessary. Page 172 B. The Appointed Reviewing Body shall review an application for a permit based on the following: 1. The application; 2. The environmental impact statement, if one has been prepared; 3. Written comments from interested persons; 4. Information and comments from other City Departments, if applicable; 5. Independent study of the Advisory Committee and of the Planning Department; and 6. Evidence presented at the public hearing, if any, held pursuant to provisions of this chapter. The Appointed Reviewing Body may require that an applicant furnish information in addition to the information required in the application forms prescribed. C. The Appointed Reviewing Body shall make its decision within a reasonable time after the public hearing. D. As to shoreline conditional use permit applications, the decision of the Appointed Reviewing Body shall be the final decision of the City. The decision shall be subject to further review as provided by state law. (Ord. 3516 § 1, 10/21/2014; Ord. 3424 § 1, 3/11/2011; Ord. 2951 § 3, 3/14/1997; Ord. 2869 § 3, 6/2/1995; Ord. 2033 § 7, 7/17/1979) 15.08.080 - Staff assistance. A. The Planning Department shall prepare an agenda of matters to be considered by the Committee. A copy of the agenda shall be mailed to persons who have expressed an interest in presenting their views on an application. The agenda shall state the time and place where the Committee will conduct its public meeting, and the notice to interested parties shall be sent not less than six days prior to the date of the public hearing. B. The Planning Department shall provide staff assistance, printing and publication expenditures, and any other assistance as may be hereafter designated by the Council to assist the Advisory Committee in carrying out its responsibilities. C. The Planning Department is authorized to respond to letters of exemption, in accordance with WAC 173-27-050, and other requests for information pertaining to the Shoreline Master Program. D. The Planning Department is authorized to revise permits, in accordance with WAC 173-27-100. (Ord. 2951 § 4, 3/14/1997; Ord. 2771 § 3, 7/30/1993; Ord. 2134 § 1, 4/19/1981; Ord. 2033 § 8, 7/17/1979.) 15.08.090 - Public hearing. A. Public hearings on all permit applications under this chapter shall be conducted by the Appointed Reviewing Body. B. If, for any reason, testimony on any matter set for public hearing, or being heard, cannot be completed on the date set for such hearing, the Appointed Reviewing Body may, before adjournment or recess of such matters under consideration, publicly announce the time and place of the continued hearing, and no further notice is required. C. The Appointed Reviewing Body shall have the power to prescribe rules and regulations for the conduct of hearings before it. Page 173 (Ord. 3516 § 1, 10/21/2014; Ord. 2033 § 9, 7/17/1979) 15.08.100 - Council appeal. A. Any person aggrieved by a decision of the Planning Commission or Director of Community and Economic Development made under this chapter, except shoreline conditional use permit decisions, may appeal the decision to the City Council. B. Appeals shall be submitted to the Planning Department in writing within 14 days following the date of the decision. C. The City Council shall conduct a hearing on the appeal of the decision with notice being given as set forth in WAC 173-27-110. The Council's decision shall be final unless review is requested pursuant to the procedures established in RCW 90.58.180 and Chapter 461-08 WAC. (Ord. 3424 § 2, 03/11/2011; Ord. 2951 § 5, 3/14/1997; Ord. 2033 § 10, 7/17/1979) 15.08.110 - Rescission of permits. A. Any permit granted pursuant to this chapter may be rescinded or modified upon a finding by the Council that the permittee has not complied with the conditions of his permit. B. The Council may initiate rescission and modification proceedings by serving written notice of noncompliance on the permittee. C. Before a permit can be rescinded or modified, a public hearing shall be held by the Council no sooner than ten days following the service of notice on the permittee. The Council shall have the power to prescribe rules and regulations for the conduct of such hearings. D. This section shall not affect or abate any legal action taken by the City against a permittee for noncompliance with permit conditions. (Ord. 2033 § 11, 7/17/1979) 15.08.120 - Inspection. The Director of Community and Economic Development or his designee or Building Inspectors may inspect properties as necessary to determine whether permittees have complied with conditions of their respective permits. Whenever there is reasonable cause to believe that development has occurred upon any premises in violation of the conditions of an issued permit and/or the Shoreline Management Act of 1971 and/or this chapter, the Director of Community and Economic Development or his designee may enter upon such premises at all reasonable times to inspect the same. Such City employees shall present proper credentials before demanding entry. If such premises are unoccupied, a reasonable effort shall be made to locate the owner or tenant and demand entry. (Ord. 2033 § 12, 7/17/1979) 15.08.130 - General penalty. Any person violating any of the provisions of this chapter is guilty of a misdemeanor. Such person is guilty of a separate offense for each and every day during any portion of which violation of this chapter is committed, continued or permitted by such person. (Ord. 2033 § 13, 7/17/1979) Page 174 CHAPTER 15.12 - FLOOD DAMAGE PREVENTION ARTICLE I. - GENERAL PROVISIONS 15.12.010 - Title. This chapter may be cited as the Flood Damage Prevention Chapter of the City of Port Angeles. (Ord. 2091 § 1, 8/9/1980) 15.12.020 - Purpose. It is the purpose of this chapter to promote the public health, safety and general welfare, and to minimize public and private losses due to flood conditions in specific areas of the City, by provisions designed: A. To protect human life and health; B. To minimize expenditure of public money and costly flood control projects; C. To minimize the need for rescue and relief efforts associated with flooding, and generally undertaken at the expense of the general public; D. To minimize prolonged business interruptions; E. To minimize damage to public facilities and utilities such as water and gas mains, electric, telephone, and sewer lines, and streets and bridges located in areas of special flood hazard; F. To help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future flood blight areas; G. To ensure that those who occupy areas of special flood hazard assume responsibility for their actions; H. To assure the availability of flood insurance within the City of Port Angeles. (Ord. 2514 § 1, 12/30/1988; Ord. 2445 § 1, 6/23/1987; Ord. 2091 § 2, 8/9/1980) 15.12.030 - General provisions. A. Lands to which this chapter applies: This chapter shall apply to all areas of special flood hazards within the jurisdiction of the City of Port Angeles. B. Basis for establishing the areas of special flood hazard: The areas of special flood hazard identified by the Federal Insurance Administration in a scientific and engineering report entitled Flood Insurance Study for the City of Port Angeles, dated February, 1980, and revised September 28, 1990, with accompanying Flood Insurance Maps is hereby adopted by reference and declared to be a part of this chapter. The Flood Insurance Study and Flood Insurance Rate Map(s) are on file at the office of the City Clerk, 321 East Fifth Street, Port Angeles, Washington 98362. (Ord. 3238 § 1, 3/17/2006; Ord. 2616 § 1, 10/26/1990; Ord. 2514 § 3, 12/30/1988; Ord. 2445 § 3, 6/23/1987; Ord. 2091 § 4, 8/9/1980) 15.12.040 - Compliance required. Page 175 No structure or land shall hereafter be constructed, located, extended, converted or altered without compliance with the terms of this chapter as well as all other applicable regulations. (Ord. 2091 § 5, 8/9/1980) 15.12.050 - Interpretation and application. In the interpretation and application of this chapter, all provisions shall be: A. Considered as minimum requirements; B. Liberally construed in favor of the governing body; and C. Deemed neither to limit nor repeal any other powers granted under state statutes. (Ord. 2091 § 7, 8/9/1980) 15.12.060 - More stringent regulations to apply in case of conflict. Should the provisions of this chapter and any other ordinance, easement, covenant or deed conflict or overlap, whichever regulation imposes the more stringent regulations shall prevail. (Ord. 2091 § 6, 8/9/1980) 15.12.070 - Disclaimer of liability. The degree of flood protection required by this chapter is considered reasonable for regulatory purposes; it is based on scientific and engineering considerations. Larger floods can, and will, occur on rare occasions. Flood heights may be increased by manmade or natural causes. This chapter does not imply that land outside the areas of special flood hazard or uses permitted within such areas will be free from flood damages. This chapter shall not create liability on the part of the City, any employee or officer thereof, or the Federal Insurance Administration, during any flood damages that may result from a reliance on this chapter, or any administrative decision made hereunder. (Ord. 2091 § 8, 8/9/1980) ARTICLE II. - DEFINITIONS 15.12.075 - Appeal. "Appeal" means a request for a review of the interpretation of any provision of this ordinance or a request for a variance. (Ord. 3238 § 1, 3/17/2006; Ord. 2445 § 2 (part), 6/23/1987) 15.12.076 - Area of shallow flooding. "Area of shallow flooding" means a designated AO or AH Zone on the Flood Insurance Rate Map (FIRM). AO Zones have base flood depths that range from one to three feet above the natural ground; a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate; and, velocity flow Page 176 may be evident. AO is characterized as sheet flow; AH indicates ponding, and is shown with standard base flood elevations. (Ord. 3238 § 1, 3/17/2006; Ord. 2514 § 2, 12/30/1988) 15.12.080 - Area of special flood hazard. "Area of special flood hazard" means the land in the floodplain within a community subject to a one percent or greater chance of flooding in any given year. Designation on maps always includes the letters A or V. (Ord. 3238 § 1, 3/17/2006; Ord. 2445 § 2 (part), 6/23/1987; Ord. 2091 § 3 (part), 8/9/1980) 15.12.081 - Baseflood. "Baseflood" means the flood having a one percent chance of being equaled or exceeded in any given year (also referred to as the "100-year flood"). Designated on Flood Insurance Rate Maps by the letters A or V. (Ord. 3238 § 1, 3/17/2006) 15.12.082 - Basement. "Basement" means any area of the building having its floor sub-grade (below ground level) on all sides. (Ord. 3238 § 1, 3/17/2006) 15.12.090 - Breakaway wall. "Breakaway wall" means a wall that is not a part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces, without causing damage to the elevated portion of the building or supporting foundation system. (Ord. 2445 § 2 (part), 6/23/1987; Ord. 2091 § 3 (part), 8/9/1980) 15.12.100 - Coastal high hazard area. "Coastal high hazard area" means an area of special flood hazard extending from offshore to the inland limit of a primary frontal dune along an open coast and any other area subject to high velocity wave action from storms or seismic sources. The area is designated on the FIRM as Zone V1—30, VE or V. (Ord. 3238 § 1, 3/17/2006; Ord. 2091 § 3 (part), 8/9/1980) 15.12.102 - Critical facility. "Critical facility" means a facility for which even a slight chance of flooding might be too great. Critical facilities include (but are not limited to) schools, nursing homes, hospitals, police, fire and emergency response installations, and installations which produce, use, or store hazardous materials or hazardous waste. (Ord. 3238 § 1, 3/17/2006) Page 177 15.12.104 - Cumulative substantial damage. "Cumulative substantial damage" means flood-related damages sustained by a structure on two separate occasions during a ten-year period for which the cost of repairs at the time of each such flood event, on the average, equals or exceeds 25 percent of the market value of the structure before the damage occurred. (Ord. 3238 § 1, 3/17/2006) 15.12.110 - Development. "Development" means any manmade change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials located within the area of special flood hazard. (Ord. 3238 § 1, 3/17/2006; Ord. 2091 § 3 (part), 8/9/1980) 15.12.112 - Elevation certificate. "Elevation certificate" means the official form (FEMA Form 81-31) used to track development provide elevation information necessary to ensure compliance with community floodplain management ordinances, and determine the proper insurance premium rate with section B. completed by community officials. (Ord. 3238 § 1, 3/17/2006) 15.12.114 - Elevated building. "Elevated building" means for insurance purposes, a non-basement building that has its lowest elevated floor raised above ground level by foundation walls, shear walls, post, piers, pilings or columns. (Ord. 3238 § 1, 3/17/2006) 15.12.116 - Existing manufactured home park or subdivision. "Existing manufactured home park or subdivision" means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the adopted floodplain management regulations. (Ord. 3238 § 1, 3/17/2006) 15.12.118 - Expansion to an existing manufactured home park or subdivision. "Expansion to an existing manufactured home park or subdivision" means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads). (Ord. 3238 § 1, 3/17/2006) Page 178 15.12.120 - Flood or flooding. "Flood" or "flooding" means a general and temporary condition of partial or complete inundation of normally dry land areas from: A. The overflow of inland or tidal waters; and/or B. The unusual and rapid accumulation of runoff of surface waters from any source. (Ord. 2091 § 2 (part), 8/9/1980) 15.12.130 - Flood Insurance Rate Map (FIRM). "Flood Insurance Rate Map" (FIRM) means the official map on which the Federal Insurance Administration has delineated both the areas of special flood hazard and the risk premium zones applicable to the community. (Ord. 2091 § 3 (part), 8/9/1980) 15.12.140 - Flood Insurance Study (FIS). "Flood Insurance Study" (FIS) means the official report provided by the Federal Insurance Administration that includes flood profiles, the flood boundary-floodway map, and the water surface elevation of the base flood. (Ord. 3238 § 1, 3/17/2006; Ord. 2091 § 3 (part), 8/9/1980) 15.12.150 - Floodway. "Floodway" means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. (Ord. 2091 § 3 (part), 8/9/1980) 15.12.155 - Increased cost of compliance. "Increased cost of compliance" means a flood insurance claim payment up to $30,000.00 directly to a property owner for the cost to comply with floodplain management regulations after a direct physical loss caused by a flood. Eligibility for an ICC claim can be through a single instance of "substantial damage" or as a result of a "cumulative substantial damage." (More information can be found in FEMA ICC Manual 301.) (Ord. 3238 § 1, 3/17/2006) 15.12.160 - Lowest floor. "Lowest floor" means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage, in an area other than a basement area, is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of this chapter found at 15.12.270(A)1. Page 179 (Ord. 2445 § 2 (part), 6/23/1987) 15.12.163 - Manufactured home. "Manufactured home" means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include a recreational vehicle. (Ord. 3238 § 1, 3/17/2006; Ord. 2445 § 2 (part), 6/23/1987) 15.12.166 - Manufactured home park or subdivision. "Manufactured home park or subdivision" means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale. (Ord. 2445 § 2 (part), 6/23/1987) 15.12.180 - New construction. "New construction" means structures for which the "start of construction" commenced on or after the effective date of this chapter. (Ord. 2445 § 2 (part), 6/23/1987) 15.12.185 - New manufactured home park or subdivision. "New manufactured home park or subdivision" means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of adopted floodplain management regulations. (Ord. 3238 § 1, 3/17/2006) 15.12.187 - Recreational vehicle. "Recreational vehicle" means a vehicle, A. Built on a single chassis; B. 400 square feet or less when measured at the largest horizontal projection; C. Designed to be self-propelled or permanently towable by a light duty truck; and D. Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. (Ord. 3238 § 1, 3/17/2006) 15.12.190 - Start of construction. Page 180 "Start of construction" includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundation or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building. (Ord. 3238 § 1, 3/17/2006; Ord. 2445 § 2 (part), 6/23/1987; Ord. 2091 § 3 (part) 8/9/1980) 15.12.200 - Structure. "Structure" means a walled and roofed building including a gas or liquid storage tank that is principally above ground. (Ord. 2445 § 2 (part), 6/23/1987; Ord. 2091 § 3 (part), 8/9/1980) 15.12.205 - Substantial damage. "Substantial damage" means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. (Ord. 3238 § 1, 3/17/2006) 15.12.210 - Substantial improvement. "Substantial improvement" means any repairs, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure either: A. Before the improvement or repair is started; or B. If the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commenced, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either: A. Any project for improvement of a structure to correct pre-cited existing violations of State or local health, sanitary, or safety code specifications which are the minimum necessary to assure safe living conditions; or B. Any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places. (Ord. 3238 § 1, 3/17/2006; Ord. 2445 § 2, (part), 6/23/1987; Ord. 2091 § 3 (part), 8/9/1980) 15.12.215 - Variance. Page 181 "Variance" means a grant of relief from the requirements of this chapter which permits construction in a manner that would otherwise be prohibited by this chapter. (Ord. 2445 § 2 (part), 6/23/1987) 15.12.216 - Water dependent. "Water dependent" means a structure for commerce or industry which cannot exist in any other location and is dependent on the water by reason of the intrinsic nature of its operation. (Ord. 2514 § 2, 12/30/1988) ARTICLE III. - ADMINISTRATION 15.12.220 - Duties of Director of Public Works and Utilities. The Director of Public Works and Utilities shall be primarily responsible for the administration and implementation of this chapter. The Director of Public Works and Utilities shall perform the following duties: A. Review all development permits other than for subdivisions, short subdivisions and planned residential developments within flood hazard zones to determine: 1. That the permit requirements of this chapter have been satisfied; 2. That all necessary permits have been obtained from those Federal, State or local governmental agencies from which prior approval is required; 3. If the proposed development is located in the floodway, and if so, located to assure that the encroachment provisions of this chapter are complied with. B. When base flood elevation data has not been provided in accordance with Section 15.12.030 - General Provisions, the Director of Public Works shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a Federal, State or other source, in order to administer specific standards and floodways. C. Obtain and record the following information: 1. Where base flood elevation data is provided through the flood insurance study, flood insurance rate map, or required as in PAMC 15.12.220(B), obtain and record the actual elevation, in relation to mean sea level, of the lowest habitable floor (including basement) of all new or substantially improved structures, and whether or not the structure contains a basement; 2. For all new or substantially improved floodproofed non-residential structures: a. Verify and record the actual elevation in relation to mean sea level to which the structure was flood proofed; and b. Maintain the floodproofing certifications required by this chapter. D. Maintain for public inspection all records pertaining to the provisions of this chapter. E. Notify adjacent communities and the office of the State Department of Ecology prior to any alteration or relocation of any watercourse, and submit evidence of such notification to the Federal Insurance Administration. Page 182 F. Require that maintenance is provided within the altered or relocated portion of said water course so that the flood carrying capacity is not diminished. G. Make interpretations where needed as to exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). The person contesting the location of the boundary shall be given reasonable opportunity to appeal the interpretation as provided in section 15.12.240. (Ord. 3238 § 1, 3/17/2006; Ord. 2425 § 1, 3/15/1989; Ord. 2415 § 4, 12/30/1988; Ord. 2445 § 4, 6/23/1987; Ord. 2091 § 10, 8/9/1980) 15.12.230 - Duties of Director of Community and Economic Development. The Director of Community and Economic Development shall perform the following duties: A. Review all permits for subdivisions, short subdivisions or planned residential developments within flood hazard zones to determine: 1. That the permit requirements of this chapter have been satisfied; 2. That all necessary permits have been obtained from those Federal, State or local governmental agencies from which prior approval is required. B. Transmit to the Department of Public Works and Utilities all information required under the terms of this chapter. (Ord. 2091 § 11, 8/9/1980) 15.12.235 - Variance procedure. A. Appeal Board: 1. The Board of Adjustment as established by the City of Port Angeles shall hear and decide appeals and requests for variances from the requirements of this chapter. 2. The Board of Adjustment shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the Director of Public Works and Utilities in the enforcement or administration of this chapter. 3. Those aggrieved by the decision of the Board of Adjustment, or any taxpayer, may appeal such decision to the Superior Court of Clallam County, as provided in Chapter 2.52 PAMC. 4. In passing upon such applications, the Board of Adjustment shall consider all technical evaluations, all relevant factors, standards specified in other sections of this chapter, and: a. The danger that materials may be swept onto other lands to the injury of others; b. The danger to life and property due to flooding or erosion damage; c. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner; d. The importance of the services provided by the proposed facility to the community; e. The necessity to the facility of a water front location, where applicable; f. The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage; g. the compatibility of the proposed use with existing and anticipated development; Page 183 h. The relationship of the proposed use to the Comprehensive Plan and Flood Plain Management Program for that area; i. The safety of access to the property in times of flood for ordinary and emergency vehicles; j. The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site; and k. the costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems, and streets and bridges. 5. Upon consideration of the factors of subsection A.(4) and the purposes of this chapter, the Board of Adjustment may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter. 6. The Director of Public Works and Utilities shall maintain the records of all appeal actions and report any variances to the Federal Insurance Administration upon request. B. Conditions for variances: 1. Generally, the only condition under which a variance from the elevation standard may be issued is for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing items (a - k) in subsection A.(4) have been fully considered. As the lot size increases, the technical justification required for issuing the variance increases. 2. Variances may be issued for the reconstruction, rehabilitation, or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places, without regard to the procedures set forth in this section. 3. Variances shall not be issued within a designated floodway if any increase in flood levels during the base flood discharge would result. 4. Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. 5. Variances shall only be issued upon: a. A showing of good and sufficient cause; b. A determination that failure to grant the variance would result in exceptional hardship to the applicant; c. A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public as identified in subsection A.(4), or conflict with existing local laws or ordinances. 6. Variances as interpreted in the National Flood Insurance Program are based on the general zoning law principle that they pertain to a physical piece of property; they are not personal in nature and do not pertain to the structure, its inhabitants, economic or financial circumstances. They primarily address small lots in densely populated residential neighborhoods. As such, variances from the flood elevations should be quite rare. 7. Variances may be issued for non-residential buildings in very limited circumstances to allow a lesser degree of floodproofing than watertight or dry-floodproofing, where it can be determined that such action will have low damage potential, complies with all other variance criteria except subsection B.(1), and otherwise complies with the general standards. 8. Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation below the base flood elevation and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation. Page 184 (Ord. 2445 § 5, 6/23/1987) ARTICLE IV. - REQUIREMENTS AND STANDARDS 15.12.240 - Development permit required—Application requirements. A. A development permit shall be required before construction or development within an area of special flood hazard established in PAMC 15.12.030B. If a permit for any development is required under another City ordinance, the development permit shall be combined with that permit. The permit shall be for all structures including manufactured homes, as set forth in the "definitions", and for all development, including fill and other activities, also as set forth in the "definitions". B. The application for development permit shall be made on forms furnished by the Department of Public Works. The application may include but shall not be limited to: plans in duplicate drawn to scale showing the nature, location, dimensions, and elevation of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities, and the location of the foregoing. Specifically, the following information shall be required: 1. Elevation in relation to mean sea level, of the lowest floor, including basement, of all structures; 2. Elevation in relation to mean sea level to which any structure has been flood-proofed; 3. Certification by a registered professional engineer or architect that the flood-proofing methods for any nonresidential structure meet the flood-proofing criteria of this chapter; 4. A description of the extent to which any water course will be altered or relocated as a result of the proposed development. (Ord. 2514 § 5, 12/30/1988; Ord. 2091 § 9, 8/8/1980) 15.12.250 - Standards generally. In all areas of special flood hazards, the standards set forth in Sections 15.12.260 through 15.12.320 are required. (Ord. 2091 § 12 (part), 8/8/1980) 15.12.260 - Provisions for flood hazard protection reduction—General standards. In all areas of special flood hazards, the following standards are required: A. Anchoring. 1. All new construction and substantial improvements shall be anchored to prevent flotation, collapse, or lateral movements of the structure. 2. All manufactured homes must likewise be anchored to prevent flotation, collapse or lateral movement and shall be installed using methods and practices that minimize flood damage. Anchoring methods may include, but are not limited to, use of over-the-top or frame ties to ground anchors (Reference FEMA's "Manufactured Home Installation in Flood Hazard Areas" guidebook for additional techniques). B. Construction materials and methods. Page 185 1. All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage. 2. All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage. 3. Electrical heating, ventilation, plumbing, and air conditioning equipment and other service facilities shall be designed and/or otherwise elevated or located so as to prevent water from entering or accumulating within the components during conditions of flooding. C. Utilities. 1. All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system. Additionally, all water wells shall be located on high ground and not in the floodway. 2. New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharge from the systems into flood waters. 3. On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. D. Subdivision proposals. 1. All subdivision proposals shall be consistent with the need to minimize flood damage. 2. All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage. 3. All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage. 4. Where base flood elevation data has not been provided or is not available from another authoritative source, it shall be generated for subdivision proposals and other proposed developments which contain at least 50 lots or five acres (whichever is less). E. Review of building permits. Where elevation data is not available either through the Flood Insurance Study or from another authoritative source (See PAMC 15.12.220(B)), applications for building permits shall be reviewed to assure that proposed construction will be reasonably safe from flooding. The test of reasonableness is a local judgment and includes use of historical data, high water marks, photographs of past flooding, etc., where available. Failure to elevate at least two feet above grade in these zones may result in higher insurance rates. (Ord. 3238 § 1, 3/17/2006; Ord. 2445 § 6, 6/23/1987; Ord. 2091 § 12 (part), 8/8/1980) 15.12.270 - Specific standards. In all areas of special flood hazards where base flood elevation data has been provided as set forth in Section 15.12.030 General Provisions, or PAMC 15.12.220.B, the following provisions are required: A. Residential construction. 1. New construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated to the base flood elevation. 2. Fully enclosed areas below the lowest floor that are subject to flooding are prohibited, or shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or must meet or exceed the following minimum criteria: Page 186 a. A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided. b. The bottom of all openings shall be no higher than one foot above grade. c. Openings may be equipped with screens, louvers, or other coverings or devices, provided that they permit the automatic entry and exit of floodwaters. B. Non-residential construction. New construction and substantial improvement of any commercial, industrial or other non-residential structure shall either have the lowest floor, including basement, elevated to the level of the base flood elevation; or, together with attendant utility and sanitary facilities, shall: 1. Be floodproofed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water; 2. Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; 3. Be certified by a registered professional engineer or architect that the design and methods of construction are in accordance with accepted standards of practice for meeting provisions of this subsection, based on their development and/or review of the structural design, specifications and plans. Such certifications shall be provided to the official as set forth in PAMC 15.12.220.C. 4. Non-residential structures that are elevated, not floodproofed, must meet the same standards for space below the lowest floor as described in subsection A. 5. Applicants floodproofing non-residential buildings shall be notified that flood insurance premiums will be based on rates that are at base flood level. C. Manufactured homes. All manufactured homes to be placed or substantially improved within Zones A1—30, AH, and AE on the City's FIRM shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is at or above the base flood elevation and be securely anchored to an adequately anchored foundation system in accordance with the provisions of PAMC 15.12.260.A. This paragraph applies to manufactured homes to be placed or substantially improved in an expansion to an existing manufactured home park or subdivision. This paragraph does not apply to manufactured homes to be placed or substantially improved in an existing manufactured home park or subdivision except where the repair, reconstruction, or improvement of the streets, utilities and pads equals or exceeds 50 percent of the value of the streets, utilities and pads before the repair, reconstruction or improvement has commenced. D. Recreational vehicles. Recreational vehicles placed on sites are required to either: a. Be on-site for fewer than 180 consecutive days; (or) b. Be fully licensed and ready for highway use, on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and have no permanently attached additions; or c. Meet the requirements of 15.12.270.C above, and the elevation and anchoring requirements for manufactured homes. (Ord. 3486, § 1, 10/15/2013; Ord. 2616 § 3, 10/26/1990; Ord. 2524 § 2, 3/15/1989; Ord. 2514 § 7, 12/30/1988; Ord. 2445 § 7, 6/23/1987; Ord. 2091 § 12 (part), 8/8/1980) 15.12.280 - AE and Al-30 Zones with base flood evaluations but no floodways. In areas with base flood elevations (but a regulatory floodway has not been designated), no new construction, substantial improvements, or other development (including fill) shall be permitted within Zones A1-30 and AE on the community's FIRM, unless it is demonstrated that the cumulative effect of the Page 187 proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any point within the community. (Ord. 3486, § 2, 10/15/2013) 15.12.330 - Floodways. Located within areas of special flood hazard as established in section 15.12.030 are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwaters which carry debris, potential projectiles, and erosion potential, the following provisions apply: A. Encroachments, including fill, new construction, substantial improvements, and other development are prohibited, unless certification by a registered professional engineer or architect is provided demonstrating that encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge. B. Construction or reconstruction of residential structures is prohibited within designated floodways except for: 1. Repairs, reconstruction or improvements to a structure which do not increase the ground floor area; and 2. Repairs, reconstruction or improvements to a structure, the cost of which does not exceed 50 percent of the market value of the structure either i. Before the repair, reconstruction, or repair is started, or ii. If the structure has been damaged, and is being restored, before the damage occurred. Work done on structures to comply with existing health, sanitary, or safety codes which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions or to structures identified as historic places shall not be included in the 50 percent. C. If section 15.12.330(A) is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of this chapter. (Ord. 3238 § 1, 3/17/2006; Ord. 2514 § 8, 12/30/1988; Ord. 2445 § 8, 6/23/1987; Ord. 2091 § 13, 8/8/1980) 15.12.335 - Wetlands management. To the maximum extent possible, in order to avoid the short and long term adverse impacts associated with the destruction or modification of wetlands, especially those activities which limit or disrupt the ability of the wetland to alleviate flooding impacts, the following measures will be considered: A. Review proposals for development within base flood plains for their possible impacts on wetlands located within the flood plain. B. Ensure that development activities in or around wetlands do not negatively affect public safety, health, and welfare by disrupting the wetlands' ability to reduce flood and storm drainage. C. Request technical assistance from the Department of Ecology in identifying wetland areas. (Ord. 2514 § 9, 12/30/1988) 15.12.340 - Coastal high hazard area. Page 188 Located within areas of special flood hazard established in PAMC 15.12.030 are Coastal High Hazard Areas, designated as Zones V1—V30, VE and/or V. These areas have special flood hazards associated with high velocity waters from tidal surges and, therefore, in addition to meeting all provisions in this chapter, the following provisions shall also apply: A. Due to the dynamic nature of coastal high hazard areas located along the Pacific Ocean, in areas with designated Velocity Zones (V-zones) from Cape Disappointment to Cape Flattery, the following standards shall apply: 1. Prohibit new or substantially improved construction in designated V-zones; exceptions are for needed water dependent structures or structures that facilitate public recreational access to the shore. Structures which require siting in the V-zone should be sited landward of the primary dune if an active dune system is associated with the V-zone. 2. Prohibit any alteration of dunes in the above designated V-zones which could increase potential flood damage; this restriction includes prohibiting any modification or alteration or disturbance of vegetative cover associated with dunes located in designated V-zones. B. All new construction and substantial improvements in Zones V1—V30 and VE (V if base flood elevation data is available) shall be elevated on pilings and columns so that: 1. The bottom of the lowest horizontal structural member of the lowest floor (excluding the pilings or columns) is elevated to or above the base flood level; and 2. The pile or column foundation and structure attached thereto is anchored to resist flotation, collapse and lateral movement due to the effects of wind and water loads acting simultaneously on all building components. Wind and water loading values shall each have a one percent chance of being equaled or exceeded in any given year (100-year mean recurrence interval). A registered professional engineer or architect shall develop or review the structural design, specifications and plans for the construction and shall certify that the design and methods of construction to be used are in accordance with accepted standards of practice for meeting the provisions of (1) and (2) of this section. C. Obtain the elevation (in relation to mean sea level) of the bottom of the lowest structural member of the lowest floor (excluding pilings and columns) of all new and substantially improved structures in Zones V1—30 and VE, and whether or not such structures contain a basement. The local administrator shall maintain a record of all such information. D. All new construction shall be located landward of the reach of mean high tide. E. Provide that all new construction and substantial improvements have the space below the lowest floor either free of obstruction or constructed with non-supporting breakaway walls, open wood latticework, or insect screening intended to collapse under wind and water loads without causing collapse, displacement or other structural damage to the elevated portion of the building or supporting foundation system. For the purpose of this section, a breakaway wall shall have a design safe loading resistance of not less than ten and no more than 20 pounds per square foot. Use of breakaway walls which exceed a design safe loading resistance of 20 pounds per square foot (either by design or when so required by local or State codes) may be permitted only if a registered professional engineer or architect certifies that the designs proposed meet the following conditions: 1. Breakaway wall collapse shall result from a water load less than that which would occur during the base flood; and 2. The elevated portion of the building and supporting foundation system shall not be subject to collapse, displacement, or other structural damage due to the effects of wind and water loads acting simultaneously on all building components (structural and non-structural). Maximum wind and water loading values to be used in this determination shall each have a Page 189 one percent chance of being equaled or exceeded in any given year (100-year mean recurrence interval). F. If breakaway walls are utilized, such enclosed space shall be usable solely for parking of vehicles, building access, or storage. Such space shall not be used for human habitation. G. Prohibit the use of fill for structural support of buildings. H. All manufactured homes to be placed or substantially improved within Zones V1-30, V, and VE on the community's FIRM on sites: 1. Outside of a manufactured home park or subdivision, 2. In a new manufactured home park or subdivision, 3. In an expansion to an existing manufactured home park or subdivision, or 4. In an existing manufactured home park or subdivision on which a manufactured home has incurred "substantial damage" as the result of a flood; shall meet the standards of PAMC 15.12.260(A) through (C)and manufactured homes placed or substantially improved on other sites in an existing manufactured home park or subdivision within Zones V1-30, V, and VE on the FIRM shall meet the requirements of PAMC 15.12.270(C). I. Recreational vehicles placed on sites within Zones V1-30, V, and VE on the community's FIRM either: 1. Be on the site for fewer than 180 consecutive days, or 2. Be fully licensed and ready for highway use, on its wheels or jacking system, attached to the site only by quick disconnect type utilities and security devices, and have no permanently attached additions; or 3. Meet the requirements of PAMC 15.12.240 (development permit required) and PAMC 15.12.340, paragraphs (A) through (G). (Ord. 3238 § 1, 3/17/2006; Ord. 2616 § 4, 10/26/1990; Ord. 2514 § 10, 12/30/1988; Ord. 2445 § 9, 6/23/1987; Ord. 2091 § 14, 8/8/1980) 15.12.345 - Standards for shallow flooding areas (AO Zones). Shallow flooding areas appear on FIRMs as AO zones with depth designations. The base flood depths in these zones range from one to three feet above ground where a clearly defined channel does not exist, or where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is usually characterized as sheet flow. In these areas, the following provisions apply: A. New construction and substantial improvements of residential structures and manufactured homes within AO zones shall have the lowest floor (including basement) elevated above the highest adjacent grade to the structure, one foot or more above* the depth number specified in feet on the community's FIRM (at least two feet above the highest adjacent grade to the structure if no depth number is specified). B. New construction and substantial improvements of nonresidential structures within AO zones shall either: 1. Have the lowest floor (including basement) elevated above the highest adjacent grade of the building site, one foot or more above the depth number specified on the FIRM (at least two feet if no depth number is specified); or 2. Together with attendant utility and sanitary facilities, be completely flood proofed to or above that level so that any space below that level is watertight with walls substantially impermeable to the passage of water and with structural components having the capability Page 190 of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. If this method is used, compliance shall be certified by a registered professional engineer or architect as in Section 5.2-2(3). C. Require adequate drainage paths around structures on slopes to guide floodwaters around and away from proposed structures. D. Recreational vehicles placed on sites within AO Zones on the community's FIRM are required to either: 1. Be on the site for fewer than 180 consecutive days, or 2. Be fully licensed and ready for highway use, on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions; or 3. Meet the requirements of Sections 15.12.345(A) and 15.12.345(C) above and the anchoring requirements for manufactured homes (Section 15.12.260(A)(2)). (Ord. 3238 § 1, 3/17/2006) ARTICLE V. - VIOLATION 15.12.350 - Violation is misdemeanor. No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this chapter. Violation or failure to comply with the provisions of this chapter shall be a misdemeanor. Each day that a violation continues shall constitute a separate offense. Nothing herein contained shall prevent the City from taking such other lawful action as is necessary to prevent or remedy any violation. (Ord. 2514 § 6, 12/30/1988; Ord. 2091 § 16, 8/8/1980) CHAPTER 15.16 - NOISE CONTROL 15.16.010 - Adoption. The following chapters of Title 173, Washington Administrative Code, as now existi ng, and all future amendments, additions and new sections, are hereby adopted by reference: A. Chapter 173-58 WAC - Sound Level Measurement Procedures; B. Chapter 173-60 WAC - Maximum Environmental Noise Levels; C. Chapter 173-70 WAC - Watercraft Noise Performance Standards. (Ord. 2309 § 1, 9/1/1984) 15.16.020 - Variances. Any person seeking a variance as provided for in the regulations adopted by this chapter shall file an application with the Board of Adjustment within ten days of being cited for a noise violation. The application Page 191 shall be accompanied by information demonstrating why the applicant believes immediate compliance with noise requirements cannot be achieved because of special circumstances rendering immediate compliance unreasonable in light of economic or physical factors, encroachment upon an existing noise source, or because of non-availability of feasible technology or control methods. The Board of Adjustment shall grant or deny variances in accordance with the procedures and requirements set forth in WAC 173-60-080. (Ord. 2309 § 2, 9/1/1984) 15.16.030 - Penalties. Any person found in violation of the established noise levels of this chapter shall be subject to a civil penalty not to exceed $100.00 per day of violation. (Ord. 2309 § 3, 9/1/1984) CHAPTER 15.20 - ENVIRONMENTALLY SENSITIVE AREAS PROTECTION 15.20.010 - Findings of fact. The City Council of the City of Port Angeles hereby finds that: A. Development in stream corridors results in: 1. Siltation of streams, which destroys spawning beds, kills fish eggs and alevins, irritates fish gills, reduces aquatic insect populations, fills stream channels, and causes flooding; 2. Loss of stream corridor vegetation, which raises stream temperatures, destabilizes streambanks, causes erosion, removes nutrients by removing source of fallen leaves and streamside insects, increases sedimentation, and reduces recruitment of large wood debris necessary for stream structure; 3. Elimination of wildlife and fish habitat. The stream corridor is especially sensitive and is recognized as being among the most productive terrestrial and aquatic ecosystems. It usually provides all four of the basic habitat components - water, food, cover and space. The stream corridor is usually richer in habitat diversity and, consequently, wildlife diversity and numbers of individuals are higher than in adjoining upland plant communities. Certain fish and wildlife species are totally dependent on the stream corridor and as uplands are developed, stream corridors become a place of refuge for many wildlife species; 4. Increased peak flow rates and decreased summer low flow rates of streams, resulting in negative impacts to the physical and chemical requirements critical for sustained fish populations; 5. Stream channelization, which increases current velocity and bank erosion, removes critical fish rearing and spawning habitat, and reduces habitat diversity and simplifies the biotic community; 6. Piping of streamflow and crossing of streams by culverts, which increases potential for downstream flooding, reduces migratory fishery range and, therefore, fish populations, removes habitat, and eliminates the biotic community; and 7. Construction near or within streams, which adversely impacts fish and wildlife by destroying habitat and degrading water quality and increases potential for flooding, property damage, and risk to public health, safety, and welfare. Page 192 B. Development of geological (erosion hazard, landslide hazard, seismic hazard) hazard areas results in: 1. Potential threat to the health and safety of residents and employees of businesses within the City; 2. Potential damage or loss to public and private property within the City; 3. Potential degradation of water quality and the physical characteristics of waterways due to increased sedimentation; 4. Potential losses to the public as a result of increased expenditures for replacing or repairing public facilities; providing publicly funded facilities to reduce or eliminate potential hazards to life and property; providing emergency rescue and relief operations; and from potential litigation resulting from incompatible development in these areas. C. Development of fish and wildlife habitat areas results in: 1. Losses in the numbers and varieties of aquatic and terrestrial wildlife species; 2. Loss of streamside vegetation that increases erosion and sedimentation, and reduces the quality of water resources; 3. Loss of opportunities for outdoor recreation such as hunting, fishing, bird-watching, sightseeing and similar activities; 4. Loss of economic opportunities in forestry, fisheries, shellfish and tourism industries; 5. Loss of opportunities for scientific research and education. D. Development of locally unique land features (ravines, marine bluffs, beaches) results in: 1. Disruption of the natural functioning of region surface drainage systems and the aquatic and terrestrial wildlife that depend on this habitat; 2. Increased threat to life and property as a consequence of exposure to geologic hazards and flooding; 3. Disruption of natural longshore drift processes that help maintain Ediz Hook and Port Angeles Harbor; 4. Destruction of natural greenbelts that serve to enhance the visual character of the community and serve as "community separators" that reduce the perceived degree of urbanization; 5. Loss of opportunities for trail systems and other forms of passive recreation. (Ord. 2979 § 1 (part), 2/13/1998; Ord. 2656 § 1 (part), 11/29/1991.) 15.20.020 - Purpose. Surface streams and flood hazards, geologic hazards (erosion, landslide, seismic), fish and wildlife habitat areas, locally unique features (ravines, marine bluffs, beaches) and required buffers constitute environmentally sensitive areas that are of special concern to the City of Port Angeles. The purpose of this chapter is to protect the environmentally sensitive resources of the Port Angeles community as required by the Growth Management Act and as provided in the Guidelines promulgated by the State of Washington. Accordingly, the intent of this chapter is to use a functions and values approach and establish minimum standards for development of properties which contain environmentally sensitive features and to protect the public health, safety, and welfare in regard to environmentally sensitive areas by: A. Avoiding disturbance of these areas; B. Mitigating unavoidable impacts; Page 193 C. Protecting from impacts of development by regulating alterations; D. Protecting the public from personal injury, loss of life or property damage due to flooding, erosion, landslides, seismic events, or soil subsidence; E. Protecting against publicly financed expenditures in the event environmentally sensitive areas are misused, which causes: 1. Unnecessary maintenance and replacement of public facilities; 2. Publicly funded mitigation of avoidable impacts; 3. Cost for public emergency rescue and relief operations where the causes are avoidable; or 4. Degradation of the natural environment; F. Protecting the public trust in navigable waters and aquatic resources; G. Preventing adverse impacts to water availability, water quality and streams; H. Protecting unique, fragile, and valuable elements of the environment, including wildlife and its habitat; I. Alerting appraisers, assessors, owners, potential buyers, or lessees to the development limitations of environmentally sensitive areas; J. Providing City officials with sufficient information to adequately protect environmentally sensitive areas when approving, conditioning, or denying public or private development proposals; and K. Implementing the policies of the State Environmental Policy Act, Chapter 43.21C RCW; the City of Port Angeles Comprehensive Plan; this chapter of the Port Angeles Municipal Code; and all updates and amendments, functional plans, and other land use policies formally adopted or accepted by the City of Port Angeles. L. Provide protection of environmentally sensitive areas for a period until the City can complete more detailed studies of the environmentally sensitive areas within the City and adopt a comprehensive set of policies pertaining to protection of environmental resources and amend regulations which implement the policies. (Ord. 2979 § 1 (part), 2/13/1998; Ord. 2918 § 1 (part), 6/14/1996; Ord. 2656 § 1 (part), 11/29/1991.) 15.20.030 - Definitions. In addition to definitions contained in Chapter 15.02, the following definitions shall apply. Where definitions exist in both Chapter 15.02 and section 15.20.030, the definitions in 15.20.030 shall apply. A. "Beaches and associated coastal drift process areas" means the areas that encompass marine shorelines which contain important sites of material supply, transport and deposition that define the present landforms and natural character of the Port Angeles shoreline. B. "Buffer" means an undisturbed area adjacent to an environmentally sensitive area that is required to permanently remain in an undisturbed and untouched condition, protect or enhance the environmentally sensitive area and is considered part of the environmentally sensitive area. No building, clearing, grading, or filling is permitted, except for minor maintenance necessary to protect life and property. A buffer is different than a setback. C. "Clearing and grading permit" means the written permission of the City to the applicant to proceed with the act of clearing, grading, filling, and/or drainage which could disturb the land surface. D. "Critical areas" means any of the following areas, environmentally sensitive areas as defined and described in Chapter 15.20, wetlands as defined and described in Chapter 15.24, shorelines, Page 194 beaches and associated coastal drift processes as described in Chapter 15.08 and the Port Angeles Shoreline Master Program and their associated buffers. E. "Environmentally sensitive areas" means any of the following areas and their associated buffers: 1. Aquifer recharge areas; 2. Streams or stream corridors; 3. Frequently flooded areas; 4. Geologically hazardous areas: a. Erosion hazard areas, b. Landslide hazard areas, c. Seismic hazard areas; 5. Habitat areas for priority species and species of concern and 6. Locally unique features: a. Ravines; b. Marine bluffs; c. Beaches and associated coastal drift processes. F. "Erosion hazard areas" means those areas containing soils which, according to the United States Department of Agriculture Soil Conservation Service Soil Classification System, may experience severe to very severe erosion. G. "Functions and values" means the natural processes and intrinsic environmental benefits offered by an environmentally sensitive feature. As examples, a function and an associated environmental value of a marine bluff is to provide materials to shorelines and thereby maintain beaches and spits from erosion, and a function and an associated environmental value of a stream is to provide water that in turn insures the survival of a diversity of flora and fauna. H. "Geologically hazardous areas" means areas that because of their susceptibility to erosion, sliding, earthquake, or other geological event, are not suited to siting commercial, residential, or industrial development consistent with public health or safety concerns. I. "Habitats of local importance" means a seasonal range or habitat element with which a given species has a primary association, and which, if altered, may reduce the likelihood that the species will maintain and reproduce over the long-term. These might include areas of high relative density or species richness, breeding habitat, winter range, and movement corridors. These might also include habitats that are of limited availability or high vulnerability to alteration, such as cliffs, talus, and wetlands. J. "Habitat area for priority species and species of concern" ("priority species and species of concern habitat") means habitat supporting: 1. Fish and wildlife species that are designated by the State to be of concern due to their population status and their sensitivity to habitat alteration; and 2. Recreationally important species for which the maintenance of a stable population and surplus for recreation may be affected by habitat loss or change. K. "Historic condition" means the condition of the land, including flora, fauna, soil, topography, and hydrology that existed before the area and vicinity were developed or altered by human activity. L. "Landslide hazard areas" means areas potentially subject to risk of mass movement due to a combination of geologic, topographic, and hydrologic factors. The following areas are considered to be subject to landslide hazards: Page 195 1. Areas of historic failures or potentially unstable slopes, such as areas mapped within soils conservation service slide hazard area studies; as unstable by the 1978 Coastal Zone Atlas; and as quaternary slumps, earthflows, mudflows, lahars, or landslides on maps published by the United States Geological Survey or Department of Natural Resources Division of Geology and Earth Resources. 2. Any area with a combination of: (a) slopes 15 percent or steeper, and (b) impermeable soils (typically silt and clay) frequently interbedded with granular soils (predominantly sand and gravel); and, (c) springs or ground water seepage. 3. Any area potentially unstable as a result of rapid stream incision, stream bank erosion (e.g. ravines) or under-cutting by wave action (e.g. marine bluffs). 4. Areas of potential failure due to over steepening of the slope beyond the in-place soil's ability to resist sliding (slope exceeds angle of repose). M. "Locally unique features" means landforms and features that are important to the character of the City of Port Angeles and the adjoining Port Angeles Urban Growth Area. These features or landforms usually contain more than one environmentally sensitive area or "critical area". Locally unique features in the Port Angeles region include ravines, marine bluffs, and beaches and associated coastal drift processes. N. "Mitigation" means taking measures including avoiding, minimizing, and compensating for adverse impacts to an environmentally sensitive area and should be taken in the following order of preference and may include a combination of these measures: 1. Avoiding the impacts altogether by not taking a certain action or parts of an action but still accomplishing the objective of the proposed action; 2. Minimizing the impacts by limiting the degree or magnitude of an action, by using appropriate technology and best management practices, or by taking affirmative action to reduce impacts; 3. Rectifying the impacts of an action by repairing, rehabilitating, or restoring the affected environment; 4. Reducing or eliminating the impacts over time by preservation and maintenance operations during the life of an action; 5. Compensating for the impacts by restoring, enhancing, providing substitute resources, or creating new environments; and 6. Monitoring the impacts and the mitigation and taking appropriate corrective measures. O. "Riparian habitat" means areas adjacent to aquatic systems with flowing water that contains elements of both aquatic and terrestrial ecosystems that mutually influence each other. The width of these areas extends to that portion of the terrestrial landscape that directly influences the aquatic ecosystem by providing shade, fine or large woody material, nutrients, organic and inorganic debris, terrestrial insects, or habitat for aquatic and terrestrial-associated wildlife. Widths shall be measured from the ordinary high water mark or from the top of bank if the ordinary high water mark cannot be identified. It includes the entire extent of the flood plain and the extent of vegetation adapted to wet conditions as well as adjacent upland plant communities that directly influence the stream system. Riparian habitat areas include those riparian areas severely altered or damaged due to human development activities. P. "Seismic hazard areas" means areas subject to severe risk of damage as a result of earthquake induced ground shaking, slope failure, settlement, soil liquefaction, or surface faulting. These conditions occur in areas underlain by cohesionless soils of low density usually in association with a shallow groundwater table. Page 196 Q. "Setback" means the minimum distance for any use, structure or building from a hazard area as required by a qualified expert as identified in PAMC 15.20.060(B)(4)(b) to protect safety for occupants of a development and/or users of a site. R. "Stream corridor" means variable width planning area defined by the type of stream or watercourse, or from the top of the bank or dike. Stream corridors include both year-round and seasonal waterways, but vary in width depending on the rating of the stream. If the stream or watercourse is contained within a ravine, the stream corridor may be established using the Locally Unique Feature Corridor. (Ord. 3179 § 3 (part), 12/17/2004; Ord. 3071, § 2, (part), 12/15/2000; Ord. 2979 § 1 (part) 2/12/1998; Ord. 2656 § 1 (part), 11/26/1991) 15.20.040 - Applicability. This section establishes regulations for the protection of areas which are environmentally sensitive. Areas listed, identified, classified, or rated as environmentally sensitive are those which are or may become designated environmentally sensitive by the City of Port Angeles Comprehensive Plan or by separate studies which indicate that an area is environmentally sensitive. A site specific analysis which indicates that any element regulated by this chapter is present will result in an area being classified as environmentally sensitive. A. All development proposals, including enhancement projects, in environmentally sensitive areas shall comply with the requirements and provisions of this chapter. Responsibility for administration and enforcement of the provisions of this chapter shall rest with the Director of Community and Economic Development or the Director's designee. B. For the purposes of this chapter, development proposals include proposals which require any of the following: building permit, clearing and grading permit, shoreline substantial development permit, shoreline conditional use permit, shoreline variance, shoreline environmental redesignation, conditional use permit, zoning variance, zone reclassification, planned residential development, subdivision, short subdivision, or any other land use approvals required by ordinance of the City of Port Angeles or the Revised Code of Washington. Where possible, the City shall attach conditions to development proposals or combine permit decisions to ensure compliance with this Chapter while alleviating duplicate permit decisions. C. When any provision of any other City ordinance conflicts with this chapter, that which provides the greatest protection to environmentally sensitive areas shall apply unless specifically provided otherwise in this chapter. D. This chapter applies to all environmentally sensitive areas located on or adjacent to properties within the jurisdiction of the City of Port Angeles. Specific environmentally sensitive features (streams, ravines, marine bluffs, beaches) shall be defined and designated as set forth below. The approximate distribution and extent of environmentally sensitive areas in the City are displayed on the following series of maps on file with the City of Port Angeles Planning Department: 1. Wetland and Hydric Soil Composite Map, as promulgated pursuant to the City's Wetlands Protection Ordinance, Chapter 15.24 PAMC. 2. Environmentally sensitive areas composite maps, which shall be prepared and revised as necessary from time to time by the Director of Community and Economic Development or his designee in accordance with this chapter. These maps are to be used as a guide to the general location and extent of environmentally sensitive areas. The maps shall be used to alert the public and City officials of the potential presence of environmentally sensitive areas on-site or off-site of a development proposal. Given the generalized nature of these maps and recognizing that environmentally sensitive areas are a dynamic environmental process, Page 197 the actual presence and location of environmentally sensitive areas, as determined by qualified professional and technical scientists, shall be established and protected in accordance with all the provisions of this chapter, which shall govern the treatment of proposed development sites. In the event that any of the environmentally sensitive areas shown on the maps conflict with the criteria set forth in this chapter, the criteria shall control. E. The exact location of the boundary of an environmentally sensitive area shall be determined through the performance of a field investigation applying the definitions and criteria provided in this chapter. A qualified professional shall perform delineations of environmentally sensitive area boundaries. For example, in areas where a Class II or Class III Landslide Hazard is suspected, a geotechnical study would be required to specifically identify the nature and extent of the potential hazard. The Director of Community and Economic Development, as assisted by other City officials, has final responsibility for the accuracy of the submitted information. The applicant may be required to show the location of the environmentally sensitive area boundary on a scaled drawing as a part of a City permit application. The Director of Community and Economic Development may require the delineation of the environmentally sensitive area boundary by qualified professionals retained by the applicant. Alternatively, the Director of Community and Economic Development may retain qualified professional scientists and technical experts or other experts as needed to perform the delineation, in which event the applicant will be charged for the costs incurred in accordance with the provisions of this chapter. Where the Director of Community and Economic Development approves an environmentally sensitive area delineation, such delineation shall be considered a final determination unless appealed to the Port Angeles City Council. Where the applicant's qualified professionals have provided a delineation of the environmentally sensitive area boundary the Director of Community and Economic Development shall verify the accuracy of and may render adjustments to, the boundary delineation. In the event the adjusted boundary delineation is contested by the applicant, the Director of Community and Economic Development shall, at the applicant's expense, obtain a qualified professional to render a final delineation. Decisions of the Director of Community and Economic Development in applying this chapter may be appealed to the City Council per section 15.20.110 of this chapter. (Ord. 3179 § 3 (part), 12/17/2004; Ord. 3071, § 2(part), 12/15/2000; Ord. 2979 § 1 (part) 2/13/1998; Ord. 2656 § 1 (part), 11/29/1991.) 15.20.050 - Permitted uses and development restrictions. A. Permitted uses. Uses permitted on properties which contain an area classified as environmentally sensitive shall be the same as those permitted in the underlying zone. Each use shall be evaluated in accordance with the review process required for the proposed use in the underlying zone in conjunction with the requirements of this chapter, state and federal regulations. Nothing in this chapter is intended to preclude reasonable use of property. If an applicant feels that the requirements of this chapter as applied to a specific lot or parcel of land do not permit a reasonable use of property, the applicant may request that the Director of Community and Economic Development make a determination as to what constitutes reasonable use of such property. Any decision of the Director of Community and Economic Development in making such a determination shall be subject to the appeal provisions set forth in section 15.20.110 of this chapter, and the burden of proof in such an appeal shall be upon the appellant to prove that the determination of reasonable use made by the Director of Community and Economic Development is incorrect. B. Development restrictions. 1. The following environmentally sensitive areas shall remain undisturbed except as otherwise provided in section 15.20.080, Development Exceptions: Page 198 a. Significant and important wetlands and their buffers, pursuant to the regulations presented in the City's Wetlands Protection Ordinance, Chapter 15.24 PAMC. b. Surface Streams and their buffers, pursuant to section 15.20.070 of this chapter. c. Ravines, marine bluffs and their buffers, pursuant to section 15.20.070 of this chapter. d. Beaches and associated coastal drift processes pursuant to section 15.20.070 of this chapter. 2. All other environmentally sensitive areas identified above in PAMC 15.20.030.B are developable pursuant to the provisions of section 15.20.070 of this chapter. The applicant shall clearly and convincingly demonstrate to the satisfaction of the Director of Community and Economic Development that the proposal incorporates measures pursuant to this chapter which adequately protect the public health, safety and welfare. (Ord. 2979 § 1 (part), 2/13/1998; Ord. 2656 § 1 (part), 11/29/1991) 15.20.060 - Submittal requirements and support information required. A. Submittal requirements. Applications for land uses or developments proposed within areas listed, identified, inventoried, classified, rated, or otherwise determined to be environmentally sensitive or which have been so determined by the Director of Community and Economic Development based upon a site specific analysis or such other information supplied which supports the finding that a site or area is likely to contain environmentally sensitive characteristics, shall be filed with all the information requested on the application forms available from the Planning Division. The Director of Community and Economic Development may waive specific submittal requirements determined to be unnecessary for review of a specific application type. The applicant shall provide the information necessary for the Planning Division to determine if and to what extent the site contains environmentally sensitive characteristics. The Director of Community and Economic Development shall make the determination to classify an area as environmentally sensitive pursuant to the procedures set forth in PAMC 15.20.040E. B. Supporting information required. All land uses and developments proposed in an area listed, identified, inventoried, classified, or rated as environmentally sensitive shall include supporting studies, prepared to describe the environmental limitations of the site. No construction activity, including clearing or grading, shall be permitted until the information required by this chapter is reviewed and approved by the City as adequate. Special environmental studies shall include a comprehensive site inventory and analysis, a discussion of the potential impacts of the proposed development, and specific measures designed to mitigate any potential adverse environmental impacts of the applicant's proposal, both on- site and off-site, as follows: 1. A description of how the proposed development will or will not impact each of the following: a. Erosion hazards; b. Landslide hazards; c. Seismic hazards; d. Drainage, suriface and subsurface hydrology, and water quality; e. Flood-prone areas; f. Existing vegetation as it relates to steep slopes, soil stability, and natural habitat value (for wetlands, refer to Chapter 15.24 PAMC); g. Locally unique landforms: ravines, marine bluffs, beaches and associated coastal drift processes; Page 199 2. Recommended methods for mitigating identified impacts and a description of how these mitigating measures may impact adjacent areas. 3. Any additional information determined to be relevant by the City or by the professional consultant who prepared the study. 4. Such studies shall be prepared with assistance by qualified professionals in the area of concern, which at a minimum shall include the following types of experts: a. Flood hazard areas: Professional Civil Engineer licensed by the State of Washington; b. Erosion hazard areas, landslide hazard areas, and seismic hazard areas: Geologist and/or civil engineer with geotechnical expertise; c. Wetlands: Biologist with wetlands ecology expertise; d. Streams, rivers, riparian areas, drainage corridor, ravine: geologist or civil engineer with geotechnical expertise; e. Marine bluffs, beaches: geologist, civil engineer with geotechnical expertise, or oceanographer; f. Fish and wildlife habitats: biologist with freshwater and/or marine habitat ecology expertise. C. Environmentally sensitive area reports—Requirements. 1. Prepared by qualified professional. The applicant shall submit an environmentally sensitive area report prepared by a qualified professional as defined herein. 2. Incorporating best available science. The environmentally sensitive area report shall use scientifically valid methods and studies in the analysis of environmentally sensitive area data and field reconnaissance and reference the source of science used. The environmentally sensitive area report shall evaluate the proposal and all probable impacts to environmentally sensitive areas in accordance with the provisions of this title. 3. Minimum report contents. At a minimum, the report shall contain the following: a. The name and contact information of the applicant, a description of the proposal, and identification of the permit requested; b. A copy of the site plan for the development proposal showing: i. Identifies environmentally sensitive areas, buffers, and the development proposal with dimensions; ii. Limits of any areas to be cleared; and a description of the proposed stormwater management plan for the development and consideration of impacts to drainage alterations; c. The dates, names, and qualifications of the persons preparing the report and documentation of any fieldwork performed on the site; d. Identification and characterization of all environmentally sensitive areas, wetlands, water bodies, and buffers adjacent to the proposed project area; e. A statement specifying the accuracy of the report, and all assumptions made and relied upon; f. An assessment of the probable cumulative impacts to environmentally sensitive areas resulting from the proposed development; g. An analysis of site development alternatives; h. A description of reasonable efforts made to apply mitigation sequencing pursuant to mitigation sequencing [section 15.20.080(I)(3)(d)] to avoid, minimize, and mitigate impacts to environmentally sensitive areas; Page 200 i. Plans for adequate mitigation, as needed, to offset any impacts, in accordance with mitigation plan requirements [section 15.20.080(I)(3)], including, but not limited to: i. The impacts of any proposed development within or adjacent to a environmentally sensitive area or buffer on the environmentally sensitive area; and ii. The impacts of any proposed alteration of an environmentally sensitive area or buffer on the development proposal, other properties and the environment; j. A discussion of the performance standards applicable to the environmentally sensitive area and proposed activity; k. Financial guarantees to ensure compliance; and l. Any additional information required for the environmentally sensitive area as specified in the corresponding chapter. 4. Unless otherwise provided, an environmentally sensitive area report may be supplemented by or composed, in whole or in part, of any reports or studies required by other laws and regulations or previously prepared for and applicable to the development proposal site, as approve by the Director of Community and Economic Development. D. Environmentally sensitive area report—Modifications to requirements. 1. Limitations to study area. The Director of Community and Economic Development may limit the required geographic area of the environmentally sensitive area report as appropriate if: a. The applicant, with assistance from the City cannot obtain permission to access properties adjacent to the project area; or b. The proposed activity will affect only a limited part of the subject site. 2. Modifications to required contents. The applicant may consult with the Director of Community and Economic Development prior to or during preparation of modification to the required contents of the report where, in the judgment of a qualified professional, more or less information is required to adequately address the potential environmentally sensitive area impacts and required mitigation. 3. Additional information may be required. The Director of Community and Economic Development may require additional information to be included in the environmentally sensitive area report when determined to be necessary to the review of the proposed activity in accordance with this title. Additional information that may be required, includes, but is not limited to: a. Historical data, including original and subsequent mapping, aerial photographs, data compilations and summaries, and available reports and records relating to the site or past operations at the site; b. Grading and drainage plans; and c. Information specific to the type, location, and nature of the environmentally sensitive area. D. City review. 1. The City may in some cases retain consultants at the applicant's expense to assist the review of studies outside the range of staff expertise. 2. All environmentally sensitive studies shall be prepared under the supervision of the City. The Director of Community and Economic Development will make the final determination on the adequacy of these studies. (Ord. 3179 § 3 (part), 12/17/2004; Ord. 2979 § 1 (part), 2/13/1998; Ord. 2656 § 1 (part), 11/29/1991) Page 201 15.20.070 - Development standards. A. Streams. All areas falling within the corridors identified in the following subsection are subject to the requirements of this chapter. 1. Stream corridors. This subsection defines corridor dimensions for different classes of streams and their tributaries as rated pursuant to WAC 222-16-020 and -030. All areas falling within a corridor are subject to review under this chapter unless excluded by the Director of Community and Economic Development. Dimensions are measured from the seasonal high water mark or elevation of the stream or watercourse as follows: Type 1 250 feet Type 2 250 feet Type 3 150 feet Type 4 100 feet Type 5 none Should the stream be located within a ravine, the greater dimension of either the stream corridor, or the ravine corridor, will be used to define areas subject to the requirements of this chapter. 2. Stream buffers. Any development or construction adjacent to a stream shall preserve a buffer which is wide enough to maintain the natural hydraulic and fish and wildlife habitat functions of that stream. The following buffers of undisturbed native vegetation shall be provided for different classes of streams and their tributaries as rated pursuant to WAC 222-16-020 and -030. Dimensions are measured from the ordinary high water mark or elevation of the stream or watercourse, or from the top of the bank or dike: Type 1 100 feet Type 2 100 feet Type 3 75 feet Type 4 50 feet Type 5 none Page 202 3. Stream corridors and buffers shall be increased to include streamside wetlands which provide overflow storage for stormwaters, feed water back to the stream during low flows or provide shelter and food for fish. 4. Additional buffers. The Director of Community and Economic Development may require either additional native vegetation or increased buffer sizes when environmental information indicates the necessity for additional vegetation or greater buffers in order to achieve the purposes of this chapter. In cases where additional buffers are not feasible, the Director of Community and Economic Development may require the applicant to undertake alternative on-site or off-site mitigation measures, including but not limited to a financial contribution to projects or programs which seek to improve environmental quality within the same watershed. B. Locally unique feature—Ravines, marine bluffs and beaches and associated coastal drift processes. All areas falling within the corridors identified in the following subsection are subject to the requirements of this chapter. 1. Locally unique feature corridors: The following corridors, as measured from the top of ravines, the top and toe of marine bluffs, and beaches, define areas subject to the requirements of this chapter, unless excluded by the Director of Community and Economic Development: Ravines 200 feet; Marine Bluffs 200 feet; Beaches and Associated Coastal Drift Processes Shoreline Management Jurisdiction Should locally unique feature corridors also overlay stream corridors, the criteria of this section will be used. 2. Buffers. The following buffers of undisturbed vegetation shall be established from the top of ravines; the top and toe of marine bluffs and ravines: Ravines 25 feet Marine Bluffs 50 feet Beaches and Associated Coastal Drift Processes Per the City's Shoreline Master Program as adopted by PAMC 15.08.040 3. Undisturbed buffers adjoining both marine bluffs and beaches shall be sufficient to assure that natural coastal drift processes will remain unimpaired. Page 203 4. Buffer reduction. The buffer may be reduced when expert verification and environmental information demonstrate to the satisfaction of the Director of Community and Economic Development that the proposed construction method will: a. Not adversely impact the stability of ravine sidewalls and bluffs; b. Not increase erosion and mass movement potential of ravine sidewalls and bluffs; c. Use construction techniques which minimize disruption of the existing topography and vegetation; and d. Include measures to overcome any geological, soils and hydrological constraints of the site. 5. Additional buffers. The Director of Community and Economic Development may require either additional native vegetation or increased buffer sizes when environmental information indicates the necessity for additional vegetation or greater buffers in order to achieve the purposes of this chapter. In cases where additional buffers are not feasible, the Director of Community and Economic Development may require the applicant to undertake alternative on-site or off-site mitigation measures, including but not limited to a substitute fee per subsection 15.20.080 I.2.c., for projects or programs which seek to improve environmental quality within the same watershed. 6. Viewshed enhancement. In ravine and marine bluff buffers, the Director of Community and Economic Development may approve alterations in vegetation coverage for the purposes of viewshed enhancement, so long as such alterations will not: a. Increase geological hazards such as erosion potential, landslide potential, or seismic hazard potential. b. Adversely affect significant fish and wildlife habitat areas. c. Remove with appropriate and/or acceptable pruning practices by thinning more than 25% of the live crown of a tree in over any five-year period. Pruning shall be in support of maintaining tree health and vigor and shall be in accordance with ANSI A300. Tree topping is not an acceptable pruning practice. d. Include felling, topping, or removal of trees. The landowner shall replace any trees that are felled or topped in accordance with PAMC 11.13.050. with new trees at a ratio of two trees for each tree felled or topped (2:1) within one year in accordance with an approved restoration plan. Tree species that are native and indigenous to the site and a minimum caliper of two inches shall be used. C. Geological hazard (erosion, landslide, seismic) areas. Areas containing or adjacent to geological hazard areas shall be altered only when the Director of Community and Economic Development concludes, based on environmental information, the following: 1. For landslide hazard areas: a. That the land clearing, grading or filling activities will adhere to the best management practices. b. That the vegetation in erosion hazard areas will be preserved or replaced. 2. There will be no increase in surface water discharge or sedimentation to adjacent properties; a. There will be no decrease in slope stability on adjacent properties; and b. Either: i. There is no hazard as proven by evidence of no landslide activity in the past in the vicinity of the proposed development and a quantitative analysis of slope stability indicates no significant risk to the development proposal and adjacent properties; Page 204 ii. The landslide hazard area can be modified or the development proposal can be designed so that the landslide hazard is eliminated or mitigated so that the site is as safe as a site without a landslide hazard; or iii. The alteration is so minor as not to pose a threat to slope stability. 3. For seismic hazard areas: a. There is no actual hazard based on a lack of seismic activity in the past in the area of the development proposal, and a quantitative analysis of potential for seismic activity indicates no significant risk to the development proposal; or b. The development proposal can be designed so that it will minimize any risk of harm from seismic activity to public health, safety or welfare on or off the site. c. Construction on artificial fills is certified by a civil engineer with geotechnical expertise as safe from earthquake damage as a similar development not located on artificial fill. This requirement may be waived for actions involving minor changes, alterations or additions to developed properties, provided that such activities do not jeopardize public health, safety or welfare on or off the site. 4. Geological hazard area setbacks: In the event that it is determined that a geological hazard area is unstable and cannot be safely developed and must remain as permanent open space, setbacks from hazard areas shall be required as necessary to mitigate erosion, landslide, and seismic hazards, or as otherwise necessary to protect the public health, safety, and welfare of the occupants of a development and/or the users of a site and shall be determined by qualified professionals as prescribed in PAMC 15.20.060(B)(4). D. Priority species and species of concern habitat areas. To protect the habitat of species which are designated by the State to be priority species or species of concern and thereby maintain and increase their populations, priority species and species of concern habitat areas shall be subject to the following: 1. When a development proposal contains a priority species or species of concern habitat, the applicant shall submit a habitat management plan. The need for a habitat management plan should be determined during State Environmental Policy Act (SEPA) review of the proposal. The habitat management plan should identify how the impacts from the proposed project will be mitigated. Possible mitigation measures should include, but are not limited to: (a) establishment of buffer zones; (b) preservation of critically important plants and trees, (c) limitation of access to habitat area, (d) scheduling construction activities to avoid interference with wildlife and fisheries rearing, resting, nesting or spawning activities; (e) using best available technology to avoid or reduce impacts; (f) using drainage and erosion control measures to prevent siltation of aquatic areas; and (g) reducing the size, scope, configuration or density of the project. 2. Buffer: To retain adequate natural habitat for priority species, buffers shall be established on a case-by-case basis as described in a habitat management plan. 3. Uses and activities allowed within a priority species or species of concern habitat area as identified by a habitat management plan shall be limited to low intensity land uses which will not adversely affect or degrade the habitat and which will not be a threat to the critical ecological processes such as feeding, breeding, nesting and resting. E. Frequently flooded areas. Development in frequently flooded areas which are not subject to the standards of other environmentally sensitive areas, including wetlands, will be directed by Chapter 15.12 "Flood Hazard Areas" of the City of Port Angeles Municipal Code. F. Limited density transfer. The calculation of potential dwelling units in residential development proposals and allowable floor area in nonresidential development proposals shall be determined by the ratio of developable area to undisturbable environmentally sensitive area of the development site except as otherwise provided for wetlands in the City's Wetlands Protection Ordinance, Chapter 15.24 PAMC. The following formula for density and floor area calculations is designed to provide Page 205 compensation for the preservation of environmentally sensitive areas, flexibility in design, and consistent treatment of different types of development proposals. 1. Formulas. The maximum number of dwelling units (DU) for a site which contains undisturbable environmentally sensitive areas is equal to: [(Developable Area) divided by (Minimum Lot Area/DU)] + [(Undisturbable Area) divided by (Minimum Lot Area/DU) (Development Factor)] = Maximum Number of Dwelling Units. The maximum amount of non-residential floor area for a site which contains undisturbable environmentally sensitive areas is equal to: [(Maximum Permitted Floor Area/Lot Area)(Developable Area)] + [(Maximum Permitted Floor Area/Lot Area) (Undisturbable Area) (Development Factor)] = Maximum Amount of Floor Area. Environmentally sensitive areas which are to be disturbed shall receive full credit towards calculating the number of dwelling units or floor area. 2. Development factor. As used in the preceding subsection, the development factor is a number to be used in calculating the number of dwelling units or the maximum allowable floor area for a site which contains undisturbable environmentally sensitive areas. The development factor is derived from the following table: Undisturbable Sensitive Area as Percentage of Site Development Factor 1—10 .30 11—20 .27 21—30 .24 31—40 .21 41—50 .18 51—60 .15 61—70 .12 71—80 .09 81—90 .06 91—99 .03 Page 206 (Ord. 3516 § 2, 10/21/2014; Ord. 3179 § 3 (part), 12/17/2004; Ord. 3071 § 2 (part), 12/15/2000; Ord. 2979 § 1 (part) 2/13/1998; Ord. 2918 § 1 (part) 6/14/1996; Ord. 2656 § 1 (part), 11/29/1991) 15.20.080 - Development exceptions. Exceptions to the development restrictions and standards set forth in sections 15.20.050 and 15.20.070 may be permitted by application to the Director of Community and Economic Development pursuant to the provisions of this section. A. Reasonable use development exceptions in stream and locally unique feature corridors. 1. Development proposals. An applicant may propose a reasonable use development exception pursuant to the following decision criteria: a. The proposal is limited to the minimum necessary to fulfill reasonable use of the property, and there is no other reasonable alternative; b. The proposal is compatible in design, scale, and use with other development or potential development in the immediate vicinity of the subject property in the same zone classification and with similar site constraints; c. The proposal utilizes to the maximum extent possible the best available construction, design, and development techniques which result in the least adverse impact on the environmentally sensitive area or areas; d. The proposal incorporates all other development standards of section 15.20.070; and e. The proposal is consistent with the purpose and intent of this chapter. f. When the functions and values of the environmentally sensitive area will be disrupted, the applicant has prepared a mitigation plan per subsection I.3. 2. Minor additions to and modifications of existing structures. Existing structures or improvements that do not meet the requirements of this chapter may be remodeled, reconstructed or replaced provided that the new construction does not further disturb an environmentally sensitive area. 3. Previously altered environmentally sensitive areas. If any portion of an environmentally sensitive area has been altered from its natural state, the applicant may propose to develop within the altered area pursuant to the following decision criteria: a. The environmentally sensitive area was lawfully altered in accordance with the provisions of this chapter and any state and federal laws at the time the alteration occurred; b. The previous alteration has significantly disrupted the natural functions and values of the environmentally sensitive area; c. The new alteration does not further disrupt the natural functions and values of the environmentally sensitive area; d. The proposal utilizes to the maximum extent possible the best available construction, design and development techniques which result in the least adverse impact on the environmentally sensitive area; e. The proposal incorporates all other development standards of section 15.20.070; and f. The proposal is consistent with the purpose and intent of this chapter. 4. Vegetation management practices may allow the following: Page 207 a. Nondestructive pruning and trimming of vegetation for maintenance purposes. Tree topping is considered a destructive trimming practice; b. Thinning of limbs of individual trees to provide for viewshed enhancement that will not harm tree health and vigor; or c. Removal of nonnative vegetation and replacement with native vegetation; provided that increased erosion, landslide, or other adverse impacts to the environmentally sensitive areas do not result. 5. If the Director of Community and Economic Development determines that a reasonable use exception may be granted, the applicant shall sign a waiver indemnifying the City from any liability due to damages that could result from location of the development in or near an environmentally sensitive area. 6. Alternatively, if the Director of Community and Economic Development determines that application of these standards would deny all reasonable economic use of the property, the City may take the property for public use with just compensation being made. B. Emergencies. The Director of Community and Economic Development may approve improvements or alterations that are necessary to respond to emergencies that threaten the health and safety, when he/she determines that no reasonable alternative exists and the benefit outweighs the loss. Emergencies shall be verified by qualified experts as prescribed in PAMC 15.20.060(B)(4). C. Drainage facilities. Streams and their buffers may be altered for use as a drainage facility provided that all requirements of the City of Port Angeles Stormwater Management Plan and all other local, state, and federal laws are satisfied, and so long as increased and multiple natural resource functions are achievable and the benefits outweigh any lost resource. The Director of Community and Economic Development may approve drainage facilities in a stream only where he/she determines that long-term impacts are minimal or where there are no practicable or reasonable alternatives and mitigation is provided. D. Trails and trail-related facilities. Public and private trails and trail-related facilities, such as picnic tables, benches, interpretive centers and signs, and viewing platforms shall be allowed, but use of impervious surface shall be minimized. Trails and trail-related facilities shall be avoided within stream channels. The Director of Community and Economic Development may approve such trails and facilities only when he/she determines that there is no practicable or reasonable upland alternative. Trail planning, construction and maintenance shall adhere to the following additional criteria: 1. Trails and related facilities shall, to the extent feasible, be placed on existing levies, road grades, utility corridors, or any other previously disturbed areas; 2. Trails and related facilities shall be planned to minimize removal of trees, shrubs, snags and important wildlife habitat.; When native tree canopy is removed, replacement trees may be required in accordance with PAMC 11.13.050. 3. Trail construction and maintenance shall follow the U.S. Forest Service "Trails Management Handbook" (FSH 2309.18, June 1987October 2008) and "Standard Specifications for Construction of Trails" (EM-7720-1023, June 1984 September 1996) as may be amended, or trail standards adopted by the City of Port Angeles; 4. Viewing platforms, interpretive centers, picnic areas, benches and access to them shall be designed and located to minimize disturbance; 5. Trails and related facilities shall provide water quality protection measures to assure that runoff from them does not directly discharge to wetlands or streams; and 6. Within buffers, trails and trail-related facilities shall be aligned and constructed to minimize disturbance to stream functions and values;. Page 208 7. In areas where impervious paths and trails are used, permeable pavement shall be used where feasible. All permeable trails must have a maintenance plan. E. Utilities. Every attempt shall be made to avoid locating utilities within streams. The Director of Community and Economic Development may approve utilities in streams only when he/she determines that there is no practicable or reasonable upland alternative. F. Stream crossings. Stream crossings, whether for access or utility purposes, shall be avoided to the extent possible; but when necessary due to the lack of feasible alternatives, crossing of streams shall follow all applicable local, state and federal laws and the following criteria: 1. Bridges are required for streams which support salmonids, unless otherwise allowed by the Washington State Department of Fisheries; 2. All crossings using culverts shall use superspan or oversize culverts; 3. Any work within the stream channel shall be constructed and installed per the requirements of an applicable State hydraulics permit; 4. No work within the stream channel shall occur in salmonid spawning areas; 5. Bridge piers or abutments shall not be placed in either the floodway or between t he ordinary high water marks unless no other feasible alternative placement exists; 6. Crossings shall not diminish flood-carrying capacity; 7. Crossings shall provide for maintenance of culverts, bridges and utilities; and 8. Crossings shall serve multiple properties whenever possible. G. Time limitation. A development exception automatically expires and is void if the applicant fails to file for a building permit or other necessary development permit within one year of the effective date of the development exception, unless either: 1. The applicant has received an extension for the development exception pursuant to subsection H. of this section; 2. The development exception approval provides for a greater time period. H. Time extension. The Director of Community and Economic Development may extend a development extension, not to exceed one year, if: 1. Unforeseen circumstances or conditions necessitate the extension of the development exception; 2. Termination of the development exception would result in unreasonable hardship to the applicant, and the applicant is not responsible for the delay; and 3. The extension of the development exception will not cause adverse impacts to environmentally sensitive areas. I. Mitigation. For any allowable development exception provided under this section, the following restoration and compensation mitigation measures to minimize and reduce impacts to environmentally sensitive areas shall be required, and a mitigation plan per subsection I.3. of this section shall be completed and must be approved by the Director of Community and Economic Development prior to development approval: 1. Restoration. Restoration is required when the functions and values of environmentally sensitive areas have been disrupted by alteration prior to development approval. 2. Compensation. Compensation is required from developers for all approved alterations to environmentally sensitive areas. Compensation required for specific development standards shall include, but is not limited to, the following: a. Streams. Page 209 i. The applicant shall maintain or improve stream channel dimensions, including depth, length, and gradient; restore or improve native vegetation and fish and wildlife habitat; and create an equivalent or improved channel bed, biofiltration and meandering. ii. The Director of Community and Economic Development may postpone or limit development, require bonds pursuant to section 15.20.100, or use other appropriate techniques to ensure the success of the mitigation plan. The decision of the Director of Community and Economic Development to postpone or limit development may be appealed per section 15.20.110. b. Beaches and coastal drift processes. i. The applicant shall restore, enhance, or create the beach and associated coastal drift processes per the City's Shoreline Master Program as adopted by PAMC. ii. The Director of Community and Economic Development may postpone or limit development, require bonds pursuant to section 15.20.100, or use other appropriate techniques to ensure the success of the mitigation plan. The decision of the Director of Community and Economic Development to postpone or limit development may be appealed per section 15.20.110. c. Substitute fees. In cases where the applicant demonstrates to the satisfaction of the Director of Community and Economic Development that a suitable compensation site does not exist, the Director of Community and Economic Development may allow the applicant to make a financial contribution to an established environmental project or program. The project or program must improve environmental quality within the Port Angeles Regional watershed. The amount of the fee must be equal to the cost of mitigating the impact of stream or shoreline alteration and must be approved by the Director of Community and Economic Development. 3. Mitigation plans. All restoration and compensation required for development exceptions shall follow a mitigation plan prepared by qualified professional experts as prescribed in PAMC 15.20.060(b)(4) containing the following components: a. Baseline information. Quantitative data shall be collected and analyzed for both the impacted environmentally sensitive area and the proposed mitigation site, if different from the impacted environmentally sensitive area, following procedures approved by the Director of Community and Economic Development; b. Environmental goals and objectives. Goals and objectives describing the purposes of the mitigation measures shall be provided, including a description of site selection criteria, identification of target evaluation species and resource functions; c. Performance standards. Specific criteria for fulfilling environmental goals and objectives, and for beginning remedial action or contingency measures shall be provided, including water quality standards, species richness and diversity targets, habitat diversity indices, or other ecological, geological or hydrological criteria. d. Detailed construction plan. Written specifications and descriptions of mitigation techniques shall be provided, including the proposed construction sequence, accompanied by detailed site diagrams and blueprints that are an integral requirement of any development proposal. e. Monitoring program. A program outlining the approach for assessing a completed project shall be provided, including descriptions or proposed experimental and control site survey or sampling techniques. A protocol shall be included outlining how the monitoring data will be evaluated by agencies that are tracking the progress of the mitigation project. A report shall be submitted at least twice yearly documenting milestones, successes, problems and contingency actions of the restoration or compensation project. The Director of Community and Economic Development shall Page 210 require that the applicant monitor the compensation or restoration project for a minimum of two years. f. Contingency plan. A plan shall be provided fully identifying potential courses of action and any corrective measures to be taken when monitoring or evaluation indicates project performance standards are not being met. g. Performance and maintenance securities. Securities ensuring fulfillment of the mitigation project, monitoring program and any contingency measures shall be posted pursuant to section 15.20.100. 4. Final Approval. The Director of Community and Economic Development shall grant final approval of a completed restoration or compensation project if the final report of the project mitigation plan satisfactorily documents that the area has achieved all requirements of this section. (Ord. 3179 § 3 (part), 12/17/2004; Ord. 2972 § 1 (part), 2/13/1998; Ord. 2915 § 1 (part), 6/14/1996; Ord. 2656 § 1 (part), 11/29/1991.) 15.20.090 - Sensitive area tracts. As a condition of any permit issued pursuant to this chapter, the permit holder may be required to create a separate sensitive area tract or tracts containing the areas determined to be environmentally sensitive in field investigations performed pursuant to subsection 15.20.040(E). Sensitive area tracts are legally created tracts containing environmentally sensitive features and their buffers that shall remain undisturbed in perpetuity. Sensitive area tracts are an integral part of the lot in which they are created, are not intended for sale, lease or transfer, and shall be included in the area of the parent lot for purposes of subdivision method and zoning regulations. A. Legal protection of sensitive area tracts. When the Director of Community and Economic Development requires the creation of a sensitive area tract as a condition of any permit issued pursuant to this chapter, the sensitive area tract or tracts shall be protected by one of the following methods to be determined by the Director of Community and Economic Development: 1. Easement. The permit holder shall convey an irrevocable offer to dedicate to the City of Port Angeles, or other public or non-profit entity specified by the Director of Community and Economic Development, an easement for the protection of the environmentally sensitive area; or 2. Deed restriction. The permit holder shall establish and record a permanent and irrevocable deed restriction on the property title of all lots containing a sensitive area tract or tracts created as a condition of any permit. Such deed restriction(s) shall prohibit in perpetuity the development, alteration, or disturbance of vegetation within the sensitive area tract, except for purposes of habitat enhancement as part of an enhancement project which has received prior written approval from the City of Port Angeles and any other agency with jurisdiction over such activity. The deed restriction shall also contain the following language: "Before, beginning, and during the course of any grading, building construction, or other development activity on a lot or development site subject to this deed restriction, the common boundary between the area subject to the deed restriction and the area of development activity must be fenced or otherwise marked to the satisfaction of the City of Port Angeles". 3. Additional note. The following note shall appear on the face of all plats, short plats, PRDs, or other approved site plans containing separate sensitive area tracts and shall be recorded on the title of record for all affected lots: "NOTE: All owners of lots adjoining separate sensitive area tracts identified as sensitive area easements or protected by deed restriction are responsible for maintenance and protection Page 211 of the tracts. Maintenance includes ensuring that no alterations occur within the separate tract and that all vegetation remains undisturbed for other than natural reasons, unless the express written authorization of the City of Port Angeles has been received." B. Identification of sensitive area tracts. The common boundary between a separate sensitive area tract and the adjacent land must be permanently identified. 1. Signs. Identification shall include permanent signs available at the Planning Division on treated or metal posts. Sign locations, wording, and size specifications shall be approved by the Director of Community and Economic Development. 2. Fencing. The Director of Community and Economic Development may require permanent fencing for the purpose of delineating the sensitive area tract or tracts. C. Maintenance of sensitive area tracts. Responsibility for maintaining sensitive area tracts shall be held by either the property owner, a homeowners' association, adjacent lot owners, the permit applicant or designee, or other appropriate entity as approved by the Director of Community and Economic Development. (Ord. 3179 § 3 (part), 12/17/2004; Ord. 2979 § 1 (part), 2/13/1998; Ord. 2656 § 1 (part), 11/29/1991) 15.20.100 - Securities and enforcement. A. Performance securities. The Director of Community and Economic Development may require the applicant of a development proposal to post a cash performance bond or other acceptable security to guarantee that the applicant will properly construct all structures and improvements required by this chapter. The security shall guarantee that the work and materials used in construction are free from defects. All securities shall be on a form approved by the Director of Community and Economic Development. Until written release of the security, the security may not be terminated or canceled. The Director of Community and Economic Development shall release the security upon determining that all structures and improvements have been satisfactorily constructed and upon the posting by the applicant of a maintenance security if one is required. B. Maintenance securities. The Director of Community and Economic Development may require the applicant to post a cash maintenance bond or other acceptable security guaranteeing that structures and improvements required by this chapter satisfactorily perform for a minimum of two years. This requirement shall also apply in the case of required mitigation improvements. All securities shall be on a form approved by the Director of Community and Economic Development. Until written release of the security, the principal or surety may not be terminated or canceled. The Director of Community and Economic Development shall release the security upon determining that performance standards established for evaluating the effectiveness and success of the structures and improvements have been satisfactorily met. The performance standards shall be approved by the Director of Community and Economic Development and contained in the mitigation plan developed and approved during the review process. C. Renewable bonds. Any bonds required by this section may be in the form of one-year bonds to be renewed as appropriate. D. Enforcement. Violations of this chapter shall be subject to the enforcement provisions of the Port Angeles Municipal Code. (Ord. 3179 § 3 (part), 12/17/2004; Ord. 2979 § 1 (part), 2/13/1998; Ord. 2656 § 1 (part), 11/29/1991.) 15.20.110 - Appeals. Page 212 A. Any person aggrieved by the decision of the Director of Community and Economic Development may appeal the decision to the City Council. B. Appeals shall be submitted to the Planning Division in writing within 14 days following the date of notification of the decision. C. The City Council shall conduct an open record public hearing on the appeal of the Director of Community and Economic Development's decision with notice being given for the time, place, and purpose of the hearing at least 15 days prior to the date of the public hearing by publishing in the City's officially designated newspaper, by posting the subject property in a conspicuous manner, and by mailing to the latest recorded real property owners within at least 300 feet of the boundary of the subject site as shown by the records of the County Assessor. D. The City Council's decision shall be final unless appealed to Clallam County Superior Court within 21 days of such decision. (Ord. 3179 § 3 (part), 12/17/2004; Ord. 2979 § 1 (part), 2/13/1998) CHAPTER 15.24 - WETLANDS PROTECTION 15.24.010 - Findings of fact and purpose. A. Findings of fact. The City Council of the City of Port Angeles hereby finds that: 1. Wetlands and their buffer areas are valuable and fragile natural resources with significant development constraints due to flooding, erosion, soil liquefaction potential, and septic disposal limitations. 2. In their natural state, wetlands provide many valuable social services and ecological functions, including: a. Controlling flooding and stormwater runoff by storing or regulating natural flows; b. Protecting water resources by filtering out water pollutants, processing biological and chemical oxygen demand, recycling and storing nutrients, and serving as settling basins for naturally occurring sedimentation; c. Providing areas for groundwater recharge; d. Preventing shoreline erosion by stabilizing the substrate; e. Providing habitat areas for many species of fish, wildlife, and vegetation, many of which are dependent on wetlands for their survival, and some of which are on Washington State and Federal Endangered Species lists; f. Providing open space and visual relief from intense development in urbanized areas; g. Providing recreation opportunities; and h. Serving as areas for scientific study and natural resource education. 3. Development in wetlands results in: a. Increased soil erosion and sedimentation of downstream water bodies, including navigable channels; b. Increased shoreline erosion; c. Degraded water quality due to increased turbidity and loss of pollutant removal processes; d. Elimination or degradation of wildlife and fisheries habitat; Page 213 e. Loss of fishery resources from water quality degradation, increased peak flow rates, decreased summer low flows, and changes in the streamflow regimen; f. Loss of stormwater retention capacity and slow-release detention resulting in flooding, degraded water quality, and changes in the streamflow regimen of watersheds; g. Loss of groundwater recharge areas. 4. Buffer areas surrounding wetlands are essential to maintenance and protection of wetland functions and values. Buffer areas protect wetlands from degradation by: a. Stabilizing soil and preventing erosion; b. Filtering suspended solids, nutrients, and harmful or toxic substances; c. Moderating impacts of stormwater runoff; d. Moderating system microclimate; e. Protecting wetland wildlife habitat from adverse impacts; f. Maintaining and enhancing habitat diversity and/or integrity; g. Supporting and protecting wetlands plant and animal species and biotic communities; and h. Reducing disturbances to wetland resources caused by intrusion of humans and domestic animals. 5. The loss of the social services and ecological functions provided by wetlands results in a detriment to public safety and welfare; replacement of such functions, if possible at all, can require considerable public expenditure. 6. A considerable acreage of these important natural resources has been lost or degraded by draining, dredging, filling, excavating, building, polluting, and other acts inconsistent with the natural uses of such areas. Remaining wetlands are in jeopardy of being lost, despoiled, or impaired by such acts. 7. It is therefore necessary for the City of Port Angeles to ensure maximum protection for wetland areas by discouraging development activities in wetlands and those activities at adjacent sites that may adversely affect wetland functions and values; to encourage restoration and enhancement of already degraded wetland systems; and to encourage creation of new wetland areas. B. Purpose. It is the policy of the City of Port Angeles to require site planning to avoid or minimize damage to wetlands wherever possible; to require that activities not dependent upon a wetland location be located at upland sites; and to achieve no net loss of wetlands by requiring restoration or enhancement of degraded wetlands or creation of new wetlands to offset losses which are unavoidable. In addition, it is the intent of the City of Port Angeles that activities in or affecting wetlands not threaten public safety, cause nuisances, or destroy or degrade natural wetland functions and values by: 1. Impeding flood flows, reducing flood storage capacity, or impairing natural flood control functions, thereby resulting in increased flood heights, frequencies, or velocities on other lands; 2. Increasing water pollution through location of domestic waste disposal systems in wetlands; unauthorized application of pesticides and herbicides; disposal of solid waste at inappropriate sites; creation of unstable fills, or the destruction of wetland soils and vegetation; 3. Increasing erosion; 4. Decreasing breeding, nesting, and feeding areas for many species of waterfowl and shorebirds, including those rare and endangered; 5. Interfering with the exchange of nutrients needed by fish and other forms of wildlife; 6. Decreasing habitat for fish and other forms of wildlife; Page 214 7. Adversely altering the recharge or discharge functions of wetlands, thereby impacting groundwater or surface water supplies; 8. Significantly altering wetland hydrology and thereby causing either short- or long-term changes in vegetational composition, soils characteristics, nutrient cycling, or water chemistry; 9. Destroying sites needed for education and scientific research, such as outdoor biophysical laboratories, living classrooms, and training areas; 10. Interfering with public rights in navigable waters and the recreation opportunities provided by wetlands for fishing, boating, hiking, birdwatching, photography, and other passive uses; or 11. Destroying or damaging aesthetic and property values, including significant public viewsheds. The purposes of this chapter are to protect the public health, safety, and welfare by preventing the adverse environmental impacts of development enumerated in section 15.24.010, and by: 1. Preserving, protecting, and restoring wetlands by regulating development within them and their buffers; 2. Protecting the public against losses from: a. Unnecessary maintenance and replacement of public facilities, including the dredging of ports and navigation channels; b. Publicly funded mitigation of avoidable impacts; c. Cost for public emergency rescue and relief operations; and d. Potential litigation from improper construction practices authorized for wetland areas; 3. Alerting appraisers, assessors, owners, and potential buyers or lessees to the development limitations of wetlands; 4. Providing City of Port Angeles officials with information to evaluate, approve, condition, or deny public or private development proposals; 5. Adopting the Governor's interim goal of achieving no overall net loss in acreage and functions of Washington's remaining wetland base and the long-term goal of increasing the quantity and quality of Washington's wetland resource base; 6. Implementing the goals and policies of the City of Port Angeles Comprehensive Plan encouraging development compatible with the environment of the City, encouraging development to provide open space, encouraging development to preserve and incorporate existing "unusual, unique and interesting natural features", reducing development intensity as natural environmental constraints increase, and avoiding intensive development of sites with severe environmental constraints; 7. Implementing the policies of the Growth Management Act; the State Environmental Policy Act, Chapter 43.21C RCW; the Puget Sound Water Quality Management Plan; Washington State Executive Order 90-04; Port Angeles Environmental Policy Ordinance, Chapter 15.04 of the Port Angeles Municipal Code; Port Angeles Shoreline Management Ordinance, Chapter 15.08 of the Port Angeles Municipal Code; Port Angeles Flood Damage Prevention Ordinance, Chapter 15.12 of the Port Angeles Municipal Code; the Port Angeles Zoning Code; the Port Angeles Stormwater Management Plan; and all other present and future City of Port Angeles functional, environmental, and community plans, programs and ordinances. (Ord. 3179 § 3 (part), 12/17/2004; Ord. 2655 § 1 (part), 11/29/1991) 15.24.020 - Definitions. Page 215 In addition to definitions contained in Chapter 15.02, the following definitions shall apply. Where definitions exist in both Chapter 15.02 and section 15.24.020, the definitions in 15.24.020 shall apply: A. "Applicant" means a person who files an application for permit under this chapter and who is either the owner of the land on which that proposed activity would be located, a contract vendee, a lessee of the land, the person who would actually control and direct the proposed activity, or the authorized agent of such a person. B. "Buffer" means an undisturbed area adjacent to a wetland area that is required to permanently remain in an undisturbed and untouched condition to protect or enhance the functions of the wetland area and is considered part of the wetland area. A buffer is different than a setback. C. "Clearing" means the removal of timber, brush, grass, ground cover, or other vegetative matter from a site which exposes the earth's surface on the site or results in the loss of forested areas. D. "Compensation project" means actions necessary to replace project-induced wetland and wetland buffer losses, including land acquisition, planning, construction plans, monitoring, and contingency actions. E. "Compensation" or "compensatory mitigation" means a form of mitigation that replaces project- induced wetland losses or impacts, and includes, but is not limited to, restoration, enhancement, substitute resources, creation, and preservation which are defined as follows: 1. "Restoration" means actions performed to reestablish wetlands or their buffer area's functional and value characteristics and processes which have been lost by alterations, activities, or catastrophic events within an area; a. Active steps taken to restore damaged wetlands, or their buffers to the functioning condition that existed prior to an alteration; and b. Actions performed to reestablish structural and functional characteristics of wetlands that have been lost by alteration, past management activities, or catastrophic events. 2. "Enhancement" means actions performed to improve the condition of an existing environmentally sensitive area so that the functions and values provided are of a higher quality; 3. "Substitute resources" means actions performed to provide for an alternat ive environmentally sensitive area; or 4. "Creation" means actions performed to intentionally establish or expand an environmentally sensitive area where it did not formerly exist. 5. "Preservation" means actions taken to ensure the permanent protection of existing, high- quality environmentally sensitive areas. F. "Developable area" means an area of land outside of wetlands and wetland buffers. G. "Director" means the Director of Community and Economic Development or an authorized agent of the Director. H. "Existing and ongoing agriculture" includes those activities conducted on lands defined in RCW 84.34.030(2), and those activities involved in the production of crops or livestock. For example, the operation and maintenance of farm and stock ponds or drainage ditches; operation and maintenance of ditches; irrigation systems including irrigation laterals, canals, or irrigation drainage ditches; changes between agricultural activities; and normal maintenance, repair, or operation of existing serviceable structures, facilities, or improved areas. Activities which bring an area into agricultural use are not part of an ongoing operation. An operation ceases to be ongoing when the area on which it is conducted is converted to a nonagricultural use or has lain idle for more than five years, unless the idle land is registered in a federal or state soils conservation program, or unless the activity is maintenance of irrigation ditches, laterals, canals, or drainage Page 216 ditches related to an existing and ongoing agricultural activity. Forest practices are not included in this definition. I. "Extraordinary hardship" means strict application of this title and/or programs adopted to implement this title by the City of Port Angeles would prevent all reasonable economic use of the parcel. J. "Functions", "beneficial functions", or "functions and values" means the beneficial roles served by wetlands, including, but not limited to, water quality protection and enhancement; fish and wildlife habitat; food chain support; flood storage; conveyance and attenuation; groundwater recharge and discharge; erosion control; wave attenuation; historical and archaeological and aesthetic value protection; protection from hazards, and recreation. These beneficial roles are not listed in order or priority. K. "High intensity land use" includes land uses which are associated with high levels of human disturbance or substantial wetland habitat impacts including, but not limited to, residential development greater than seven dwelling units per acre, active recreation, and commercial and industrial land uses. L. "High quality wetlands" are those regulated wetlands which meet the following criteria: 1. No, or isolated, human alteration of the wetland topography; 2. No human-caused alteration of the hydrology or else the wetland appears to have recovered from the alteration; 3. Low cover and frequency of exotic plant species; 4. Relatively little human-related disturbance of the native vegetation, or recovery from past disturbance; 5. If the wetland system is degraded, it still contains a viable and high quality example of a native wetland community; and 6. No known major water quality problems M. "Hydric soil" means a soil that is saturated, flooded, or ponded long enough during the growing season to develop anaerobic conditions in the upper part. The presence of hydric soil shall be determined following the methods described in the Washington State Department of Ecology Wetland Identification and Delineation Manual. For the purposes of identifying wetland environmentally sensitive areas, hydric soils that qualify as "prime agricultural soils" only through artificial means that will impair the existence of natural wetlands (specifically soils that are prime agricultural land only when drained), are considered potential wetlands indicators for the purposes of this chapter, and are not to be considered agricultural resource lands. N. "Hydrophytic vegetation" means macrophytic plant life growing in water or on a substrate that is at least periodically deficient in oxygen as a result of excessive water content. The presence of hydrophytic vegetation shall be determined following the methods described in the Washington State Department of Ecology Wetland Identification and Delineation Manual. O. "In-kind compensation" means to replace wetlands with substitute wetlands whose characteristics closely approximate those destroyed or degraded by a regulated activity. It does not mean replacement "in-category". P. "Isolated wetlands" means those regulated wetlands which: 1. Are outside of and not contiguous to any 100-year floodplain of a lake, river, or stream; and 2. Have no contiguous hydric soil or hydrophytic vegetation between the wetland and any surface water. Q. "Low-intensity land use" includes land uses which are associated with low levels of human disturbance or low wetland habitat impacts, including, but not limited to, residential density of Page 217 seven or fewer dwelling units per acre, passive recreation, open space, or agricultural or forest management land uses. R. "Mitigation" means taking measures including avoiding, minimizing, or compensating for adverse wetland impacts. Mitigation, in the following order of preference, is: 1. Avoiding the impact altogether by not taking a certain action or parts of an action; 2. Minimizing impacts by limiting the degree or magnitude of the action and its implementation, by using appropriate technology, or by taking affirmative steps to avoid or reduce impacts; 3. Rectifying the impact by repairing, rehabilitating or restoring the affected environment; 4. Reducing or eliminating the impact over time by preservation and maintenance operations during the life of the action; 5. Compensating for the impact by replacing, enhancing, or providing substitute resources or environments; 6. Monitoring the impact and the compensation project and taking appropriate corrective measures. Mitigation for individual actions may include a combination of the above measures. S. Non-compensatory enhancement: Non-compensatory enhancements are those wetland enhancement projects which are conducted solely to increase the functions and values of an existing wetland and which are not required to be conducted pursuant to the requirements of section 15.24.070(H)(6). T. "Off-site compensation" means to replace wetlands away from the site on which a wetland has been impacted by a regulated activity. U. "On-site compensation" means to replace wetlands at or adjacent to the site on which a wetland has been impacted by a regulated activity. V. "Out-of-kind compensation" means to replace wetlands with substitute wetlands whose characteristics do not closely approximate those destroyed or degraded by a regulated activity. It does not refer to replacement "out-of-category". W. "Practicable alternative" means an alternative that is available and capable of being carried out after taking into consideration cost, existing technology, and logistics in light of overall project purposes, and having less impacts to regulated wetlands. It may include an area not owned by the applicant which could reasonably have been or be obtained, utilized, expanded, or managed in order to fulfill the basic purposes of the proposed activity. X. "Regulated activities" means any of the following activities which are directly undertaken or originate in a regulated wetland or its buffer: 1. The removal, excavation, grading, or dredging of soil, sand, gravel, minerals, organic matter, or material of any kind; 2. The dumping, discharging, or filling with any material; 3. The draining, flooding, or disturbing of the water level or water table; 4. The driving of pilings; 5. The placing of obstructions; 6. The construction, reconstruction, demolition, or expansion of any structure; 7. The destruction or alteration of wetlands vegetation through clearing, harvesting, shading, intentional burning, or planting of vegetation that would alter the character of a regulated wetland; provided that these activities are not part of a forest practice governed under Chapter 76.09 RCW and its rules; or Page 218 8. Activities that result in a significant change of water temperature, a significant change of physical or chemical characteristics of a wetland's water sources, including quantity, or the introduction of pollutants. Y. "Regulated wetlands" means ponds 20 acres or less, including their submerged aquatic beds, and those lands defined as wetlands under the Federal Clean Water Act, 33 USC Sec. 1251 et seq., and rules promulgated pursuant thereto and shall be those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Regulated wetlands generally include swamps, marshes, bogs, and similar areas. Wetlands created as mitigation and wetlands modified for approved land use activities shall be considered as regulated wetlands. Category I, II, III and IV wetlands are defined in Section 15.24.040D, Wetlands Rating System. All Category I wetlands shall be considered regulated wetlands. Regulated wetlands do not include Category II and III wetlands less than 2,500 square feet and Category IV wetlands less than 10,000 square feet. Regulated wetlands do not include those artificial wetlands intentionally created from nonwetland sites, including but not limited to, irrigation and drainage ditches, grass-lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds, and landscape amenities. The applicant shall bear the burden of proving that the site was not previously a wetland. For identifying and delineating a regulated wetland, local government shall consider the latest version of the Washington State Department of Ecology Wetland Identification and Delineation Manual. Z. "Repair or maintenance" means an activity that restores the character, scope, size, and design of a serviceable area, structure, or land use to its previously authorized and undamaged condition. Activities that change the character, size, or scope of a project beyond the original design and drain, dredge, fill, flood, or otherwise alter additional regulated wetlands are not included in this definition. AA. "Serviceable" means presently usable. BB. "Unavoidable and necessary impacts" are impacts to regulated wetlands that remain after an applicant proposing to alter regulated wetlands has demonstrated that no additional mitigation measures are practicable. CC. "Wetlands", for the purposes of inventory, incentives, and nonregulatory programs, means those lands transitional between terrestrial and aquatic systems where the water table is usually at or near the surface or the land is covered by shallow water. For the purposes of this definition, wetlands must have one or more of the following attributes: 1. At least periodically, the land supports predominantly hydrophytes; 2. The substrate is predominantly undrained hydric soil; and 3. The substrate is nonsoil and is saturated with water or covered by shallow water at some time during the growing season of each year. DD. "Wetland buffers" or "wetland buffer zones" is an area that surrounds and protects a wetland from adverse impacts to the functions and values of a regulated wetland. EE. "Wetland classes", "classes of wetlands", or "wetland types" means descriptive classes of the wetlands taxonomic classification system of the Washington State Department of Ecology Wetland Identification and Delineation Manual. Wetlands include the following classes or types: 1. "Emergent wetland" means a regulated wetland with at least 30 percent of the surface area covered by erect, rooted, herbaceous vegetation as the uppermost vegetative strata. 2. "Forested wetland" means a regulated wetland with at least 20 percent of the surface area covered by woody vegetation greater than 20 feet in height. 3. "Scrub-shrub wetland" means a regulated wetland with at least 30 percent of its surface area covered by woody vegetation less than 20 feet in height as the uppermost stratum. Page 219 4. "Estuarine wetland" means a regulated wetland that consists of or is adjacent to tidal habitats and is usually semi-enclosed by land but often have open, partly obstructed, or sporadic access to saltwater, and in which saltwater is at least occasionally diluted by freshwater runoff from the land. Estuarine systems include both estuaries and lagoons. FF. "Wetlands permit" means any permit issued, conditioned, or denied specifically to implement this chapter. GG. "Wetland edge" means the boundary of a wetland as delineated based on the definitions contained in this chapter. (Ord. 3179 § 4 (part), 12/17/2004; Ord. 2655 § 1 (part), 11/29/1991.) 15.24.030 - General provisions. A. Abrogation and greater restrictions. It is not intended that this chapter repeal, abrogate, or impair any existing regulations, easements, covenants, or deed restrictions. However, where this chapter imposes greater restrictions, the provisions of this chapter shall prevail. B. Interpretation. The provisions of this chapter shall be held to be minimum requirements in their interpretation and application and shall be liberally construed to serve the purposes of this chapter. (Ord. 2655 § 1 (part), 11/29/1991.) 15.24.040 - Lands to which this chapter applies. A. Applicability. 1. When any provision of any other chapter of the Port Angeles Municipal Code conflicts with this chapter, that which provides more protection to wetlands and wetland buffers shall apply unless specifically provided otherwise in this chapter. 2. The Director of Community and Economic Development is authorized to adopt written procedures for the purpose of carrying out the provisions of this chapter. Prior to fulfilling the requirements of this chapter, the City of Port Angeles shall not grant any approval or permission to conduct a regulated activity in a wetland or wetland buffer, including but not limited to the following: building permit, commercial or residential; binding site plan; conditional use permit; franchise right-of-way construction permit; clearing and grading permit; master plan development; planned residential development; right-of-way permit; shoreline substantial development permit; shoreline variance; shoreline conditional use permit; shoreline environmental redesignation; unclassified use permit; variance; zone reclassification; subdivision; short subdivision; special use permit; utility and other use permit; or any subsequently adopted permit or required approval not expressly exempted by this chapter. B. Maps and inventory. This chapter shall apply to all lots or parcels on which wetlands and/or wetland buffers are located within the jurisdiction of the City of Port Angeles. The approximate location and extent of wetlands in the City of Port Angeles is displayed on the following maps: 1. Wetlands identified on U.S. Fish and Wildlife Service National Wetlands Inventory Angeles Point, Ediz Hook, Elwha, Morse Creek, and Port Angeles maps. 2. Hydric soils and "wet spots" identified by the USDA Soils Conservation Service Soil Survey of Clallam County Area maps numbers 22, 31, 32, 33. 3. City of Port Angeles Composite Wetland Inventory and Hydric Soils map, as may be modified from time to time. These map resources are to be used as a guide to the general location and extent of wetlands. Wetlands not shown on these maps but meeting the criteria set forth in this chapter are presumed to exist in the City Page 220 of Port Angeles and are protected under all the provisions of this chapter. In the event that any of the wetland designations shown on the maps conflict with the criteria set forth in this chapter, the criteria shall control. C. Determination of regulatory wetland boundary. The exact location of the wetland boundary shall be determined through the performance of a field investigation applying the wetland definition provided in section 15.24.020 of this chapter. Qualified professional and technical scientists shall perform wetland delineations using the latest version of the "Washington State Wetlands Identification and Delineation Manual". Publication #96-94 Washington Department of Ecology 1997. An applicant for a wetland permit is required under subsection 15.24.060.C.3. to show the location of the wetland boundary on a scaled drawing as a part of the permit application. The Director of Community and Economic Development shall decide whether the qualified professionals who perform the delineation of boundary requirement are retained by the applicant or by the City with the applicant paying the City for the costs in accordance with the provisions of subsection 15.24.060.C.4. of this chapter. Where the delineation is performed under the Director of Community and Economic Development's direction, such delineation shall be considered a final determination. Where the applicant has provided a delineation of the wetland boundary, the Director of Community and Economic Development shall verify the accuracy of, and may render adjustments to, the boundary delineation. In the event the adjusted boundary delineation is contested by the applicant, the Director of Community and Economic Development shall, at the applicant's expense, obtain expert services to render a final delineation. D. Wetlands rating system. The following Washington State rating system is hereby adopted as the rating system for the City of Port Angeles. Wetlands buffer widths, replacement ratios, and avoidance criteria shall be based on these rating systems. 1. Washington State Four-Tier Wetlands Rating System. a. Category I Criteria. i. Documented habitat for endangered or threatened fish or animal species or for potentially extirpated plant species recognized by State or Federal agencies; or ii. High quality native wetland communities, including documented Category I or II quality natural heritage wetland sites and sites which qualify as a Category I or II quality national heritage wetland; or iii. High quality, regionally rare wetland communities with irreplaceable ecological functions, including sphagnum bogs and fens, estuarine wetlands, or mature forested swamps; or iv. Wetlands of exceptional local significance. The criteria for such a designation shall be developed and adopted by the local jurisdiction under appropriate public review and administrative appeal procedures. The criteria may include, but not be limited to, rarity, groundwater recharge areas, significant habitats, unique educational sites, or other specific functional values within a watershed or other regional boundary. b. Category II Criteria. i. Regulated wetlands that do not contain features outlined in Category I; and ii. Documented habitats for sensitive plant, fish, or animal species recognized by Federal or State agencies; or iii. Rare wetland communities listed in subsection 15.24.040.D.1.a.iii. which are not high quality; or Page 221 iv. Wetland types with significant functions which may not be adequately replicated through creation or restoration. v. Regulated wetlands with significant habitat value based on diversity and size. vi. Regulated wetlands contiguous with salmonid fish-bearing waters, including streams where flow is intermittent; or vii. Regulated wetlands with significant use by fish and wildlife. viii. Wetlands that contain plant, fish or animal species listed as priority species by the Department of Fish and Wildlife. c. Category III Criteria. i. Regulated wetlands that do not contain features outlined in Category I, II, or IV. d. Category IV Criteria. i. Regulated wetlands which do not meet the criteria of a Category I or II wetland; and ii. Isolated wetlands which are less than or equal to one acre in size; and have only one wetland class; and have only one dominant plant species (monotypic vegetation); or iii. Isolated wetlands which are less than or equal to two acres in size, and have only one wetland class and a predominance of exotic species. 2. Wetland rating categories shall be applied as the regulated wetland exists on the date of adoption of the rating system by the local government; as the regulated wetland may naturally change thereafter; or as the regulated wetland may change in accordance with permitted activities. Wetland rating categories shall not be altered to recognize illegal modifications. 3. The City of Port Angeles shall apply the latest version of the Washington State Department of Ecology "Washington State Wetlands Rating System for Rating the Resource Value of Regulated Wetlands" and "Field Methodology" as its procedures for the wetland rating system. 4. The City of Port Angeles will initially rate wetlands based on information derived from available maps, reports, and similar materials. Wetlands may be reclassified into another category at a subsequent date should field surveys or other new materials warrant such action. (Ord. 2655 § 1 (part), 11/29/1991.) 15.24.045 - Wetland functional assessment. Wetlands functional assessment section is intended to assist in establishing a values based system for reviewing and approving wetland permit requests and mitigation plans. The wording will bring the Port Angeles method of wetland protection into closer consistency with the Clallam County method of evaluations. Wetlands provide valuable functions in providing and/or facilitating high quality habitat for plant and animal species. Some of these plants and animals have been classified as endangered, threatened, or monitored species, either by the federal government or by the State of Washington. Most of the wetlands in Port Angeles do not provide primary habitat for these plants or animals; however, all wetland functions facilitate a quality environment in areas that do provide primary habitat. Water that enters streams, lakes, marine environments or groundwater eventually impacts habitat. Wetlands function to cleanse and cool those waters, as well as moderate the rate of flow into larger bodies of water. The functions of wetlands are discussed in more detail in the following section. Wetlands shall be classified based on hydrology types specified in Table 1 and assessed on hydrologic functions as specified in Table 2. Wetland functions are also assessed through the Class I - Class IV as characterized in Section 15.24.040. Page 222 Table 1 Classification of Wetland Hydrology Types Hydrology Type Landscape Position Water Source** Water Output* Type 1 Shallow soils formed on glacial till on hillsides Perched Discharges to stream Type 2 Moderately deep soils found in basins and drainage ways formed in depressions in glacial drift on hills Perched Initiates streams Type 3 Very deep soils occurring on basins on low terraces formed in alluvium (i.e., stream deposited materials) Perched Enclosed basin Type 4 Wetlands found in depressions associated with coarse material over glacial till Unconfined aquifer Unconfined aquifer Type 5 Very deep soils on level terraces and in valleys, formed in organic material Unconfined aquifer Initiates or supplements streamflow Type 6 Very deep soils on low level tereaces and floodplains formed in alluvium near marine shorelines Unconfined aquifer, tidally influenced Lower reaches of streams and marine waters Type 7 Wetlands formed along the margin of surficial geological units that have a restrictive layer (i.e., glacial till), where they come into contact with unrestricted coarse units Perched or unconfined aquifer Unconfined aquifer Type 8 Wetlands formed within the floodplain of streams Stream discharges to wetland Wetland discharges to stream Type 9 Wetlands (e.g., bogs) located in depressions where water tables are at or near the surface normally year-round Precipitation Evapotranspiration Type 10 Floodplains underlain by glacial till Perched Discharges to stream Page 223 Type 11 Wetlands associated with lakes Lake Lake Type 12 Wetlands located along marine shorelines behind coastal dunes, other land forms or structures Marine, tidally influenced Marine and evapotranspiration * Refers to the factors that control the sources(s) of water to a wetland and where the water goes after leaving the wetland. ** Refers to natural wetland hydrology (i.e., does not include hydrologic modifications.) A. Wetland hydrologic functions shall be classified by the effect that classified wetland hydrology types have on the overall flow and quality of water in the watershed in comparison to nonwetland areas. For the purposes of this chapter, wetland hydrologic functions are defined as follows. 1. Floodflow desynchronization. Ability of a wetland to retain/detain floodwaters in the upper watershed, reducing the severity of flooding and increasing the time of concentration above that which occurs in adjacent upslope areas. 2. Surface water treatment. This wetland function is significant but not in the context that wetlands act as the major source of surface water flow. Although some wetlands do provide a significant amount of surface water to streams and rivers, the impacts are significant due to the fact that wetlands in contact with surface water flows are capable of treating water quality prior to its entry into the surface water body. a. Nutrient removal/transformation opportunity. Ability of a wetland to retain or transform inorganic phosphorus and/or nitrogen into their organic forms, or transform nitrogen into its gaseous form on either a net annual basis, or during the growing season. b. Sediment/toxicant/bacterial retention. Ability of a wetland to retain suspended solids and chemical contaminants such s pesticides, pathogens, and heavy metals absorbed by them, on a net annual basis. c. Seawater intrusion prevention. Those wetlands which are the boundary between the unconfined aquifer and the marine environment. Loss of water supply or drainage of wetlands will likely increase seawater intrusion into estuarine wetlands. d. Streamflow/channel maintenance. Wetlands that due to detention or groundwater discharge supply a significant proportion of streamflow during summer and fall. These areas regulate the amount and timing of stream energy and therefore are crucial to defining the shape of stream channels since they largely determine the shape of the hydrograph. e. Temperature maintenance. Those wetlands that provide thermal refuges during winter and summer months, due to influence from springs or contact with the unconfined aquifer. During summer months wetlands with this function are important as fish habitat for salmonids; during winter months, these wetlands provide waterfowl habitat by maintaining ice-free conditions. f. Water availability. The ability of a wetland through hydrologic continuity to provide surface water for migratory and resident species based on the timing, duration, and depth of surface water availability. Page 224 3. Groundwater recharge. This wetland function is significant but not in the context that wetlands act as the major locations of ground water recharge to aquifers. Although some wetlands do provide a significant amount of ground water recharge, ground water recharge is significant due to the fact that wetlands in contact with the aquifer are most susceptible to carrying pollutants to the aquifer. Conversely, if managed properly, such wetlands could assist in the treatment of pollutants already carried in the aquifer. a. Nutrient removal/transformation opportunity. Ability of a wetland to retain or transform inorganic phosphorus and/or nitrogen into their organic forms, or transform nitrogen into its gaseous form on either a net annual basis, or during the growing season. b. Sediment/toxicant/bacterial retention. Ability of a wetland to retain suspended solids and chemical contaminants such s pesticides, pathogens, and heavy metals absorbed to them, on a net annual basis. c. Seawater intrusion prevention. Those wetlands which are the boundary between the unconfined aquifer and the marine environment. Loss of water supply or drainage of wetlands will likely increase seawater intrusion to unconfined aquifers supplying drinking water to coastal inhabitants. The City of Port Angeles has no unconfined aquifers that supply drinking water to coastal inhabitants. d. Streamflow/channel maintenance. Wetlands that due to detention or groundwater discharge supply a significant proportion of streamflow during summer and fall. These areas regulate the amount and timing of stream energy and therefore are crucial to defining the shape of stream channels since they largely determine the shape of the hydrograph. e. Temperature maintenance. Those wetlands that provide thermal refuges during winter and summer months, due to influence from springs or contact with the unconfined aquifer. During summer months wetlands with this function are important as fish habitat for salmonids; during winter months, these wetlands provide waterfowl habitat by maintaining ice-free conditions. f. Water availability. The ability of a wetland through hydrologic continuity to provide surface water for migratory and resident species based on the timing, duration, and depth of surface water availability. B. Drinking water. Ability of a wetland to recharge, maintain, and/or enhance surface or ground water resources that yield potable water in sufficient quantities to be economically useful. Provision of potable water in sufficient quantities to be economically useful is a low priority within the existing City limits. Table 2 Assessment of Wetland Hydrologic Functions Wetland Hydrology Types Hydrologic Function 1 2 3 4 5 6 7 8 9 10 11 12 Flood storage L L L L L L L H L L H - Floodflow desynchronization L H L L H L L H - H H - Streamflow and channel maintenance L H N L* H H N H N L H N Page 225 Ground water recharge N N L H N L H H H H H - Temperature maintenance L H L H H H N L H L L - Sediment/bacterial removal L H H L H L L H H H H N Nutrient removal L H L H H H H H H H H H Toxicant removal opportunity L H L H H H H H H H H H Seawater intrusion prevention N N N N N* H N N L N N N Drinking water L H L H H H H H H L H N Water availability for fish H H L L H H H L H H H Water availability for amphibians H H H H H H H H H H H H Water availability for migratory waterfowl L H H H H H L H H H H H Water availability for other wildlife L H H H H H L H H H H L H = High functional value L = performs this function to a limited degree N = Does not perform function * = High value if associated with wetland hydrology C. Wetland habitat functions. Wetland landscape functions shall be characterized and assessed based on existing wetland and adjacent upland conditions, landscape position, documented species use, and existing management /modifications pursuant to the criteria in subsections 2.a. through 2.i. of this section as they relate to the subject property or within the jurisdiction of this chapter as it applies to regulated wetlands. Based on these criteria, habitat functions shall be further classified into one of four wetland classes, as specified in subsection 15.24.040.D. with Class I being the most functional and Class IV being the least functional. 1. Habitat type. Classify and delineate wetland habitat types based on the U.S. Fish and Wildlife Service Classification of Wetlands and Deepwater Habitats, Dated 1979, as now or hereafter amended. Identify the dominant vegetation communities associated with each classified wetland habitat type. 2. Habitat diversity. Calculate both the total number of wetland habitat types and the different wetland habitat types identified in subsection 2.a. of this section for each wetland. Page 226 3. Habitat size. Calculate the total wetland acreage and acreage of each individual habitat type identified in subsection 2.a. of this section for each wetland. 4. Upland habitat type. Classify and delineate all lands into one or more of the following land cover categories: developed lands; agriculture; non-native plant species; water; native upland grasses; native forests less than 20 feet in height; native forest greater that 20 feet in height; and mature conifers. 5. Significant habitat features. Identify and delineate the presence of significant habitat features including, but not limited to: estuaries, snags, islands, rare or unique plant communities, mature conifers, Class I wildlife habitat conservation areas, and/or wetlands classified as exhibition a high functional value of water availability for migratory waterfowl or other wildlife species. 6. Species use. Identify and delineate all known priority habitats for species listed as species of concern or priority species. 7. Anadromous fish use. Identify wetlands contiguous to Type 1—23 aquatic habitat conservation areas, or other waters containing anadromous fisheries recognized by local or state public agencies. 8. Significant wildlife movement corridor. Identify whether one or more of the following areas is located within: a. Land and water areas designated as shorelines in the Shoreline Management Act of 1971 and the City of Port Angeles Shoreline master Program; b. Lands designated as significant wildlife movement corridors, open space and greenbelt corridors; c. Federal, state, and local parks, wildlife refuges, and other protected natural areas; d. Easements or other dedicated lands granted to the City of Port Angeles or other organizations devoted to protection and management of critical areas, open spaces, or wildlife habitat. 9. Management and modification. Identify existing management and alteration s of wetlands, and the impact of such actions on the above classification. Wetlands management activities include, but are not limited to: forestry, livestock grazing, agriculture, commercial recreation (e.g., golf courses), residential (e.g., lawns), public lands (e.g., parks, natural areas), and/or land not managed for any other use. Wetland alterations include, but are not limited to: flooding, impounding of water, excavation, filling, grading, draining, or discharge from irrigation or drainage facilities. (Ord. 3179 § 4, (part), 12/17/2004) 15.24.050 - Regulated activities and allowed activities. A. Regulated activities. A permit shall be obtained from local government prior to undertaking the following activities in a regulated wetland or its buffer, unless authorized by subsection B. below: 1. The removal, excavation, grading, or dredging of soil, sand, gravel, minerals, organic matter, or material of any kind; 2. The dumping, discharging, or filling with any material; 3. The draining, flooding, or disturbing of the water level or water table. 4. The driving of pilings; 5. The placing of obstructions; 6. The construction, reconstruction, demolition, or expansion of any structure; Page 227 7. The destruction or alteration of wetlands vegetation through clearing, harvesting, shading, intentional burning, or planting of vegetation that would alter the character of a regulated wetland, provided that these activities are not part of a forest practice governed under Chapter 76.09 RCW and its rules; or 8. Activities that result in a significant change of water temperature, a significant change of physical or chemical characteristics of wetlands water sources, including quantity, or the introduction of pollutants. Stormwater discharges from stormwater facilities or structures may be allowed when they are in accordance with City of Port Angeles' stormwater plan. In accordance with Appendix I-D of the Department of Ecology’s SWMMWW (2014), Tthe discharge shall not significantly increase or decrease the rate of flow and/or hydroperiod, nor decrease the water quality of the wetland. Pre-treatment of surface water discharge through biofiltration or other best management practices (BMPs) shall be required. Bioretention cells and swales, and conversion of existing drainage ditches to bioretention cells and swales within the outer 25 percent of a wetland buffer may be allowed if designed in accordance with Department of Ecology's SWMMWW (2014). 9. Road/street repair and construction. Any private or public road or street repair, maintenance, expansion or construction may be permitted, subject to the following standards: a. No other reasonable or practicable alternative exists and the road or street crossing serves multiple properties whenever possible; b. Publicly owned or maintained road or street crossings should provide for other purposes, such as utility crossings, pedestrian or bicycle easements, viewing points, etc; and c. The road or street repair and construction are the minimum necessary to provide safe roads and streets. d. Mitigation shall be performed in accordance with specific project mitigation plan requirements. 10. Land divisions and land use permits. All proposed divisions of land and land uses (including but not limited to the following: short plats, subdivisions, planned residential developments, binding site plans, conditional use permits, clearing, grading, and filling permits) which include regulated wetlands, shall comply with the following procedures and development standards: a. Regulated wetlands, except the area with permanent open water, and wetland buffers may be included in the calculation of minimum lot area for proposed lots provided that other standards, including subdivision (c) below, are met. b Land division approvals shall be conditioned to require that regulated wetlands and regulated wetland buffers be dedicated as open space tracts, or as an easement or covenant encumbering the wetland and wetland buffer. Such dedication, easement or covenant shall be recorded together with the land division and represented on the final plat, short plat or binding site plan, and title. c. In order to implement the goals and policies of this title, to accommodate innovation, creativity, and design flexibility, and to achieve a level of environmental protection that would not be possible by typical lot-by-lot development, the use of the clustered development or similar innovative site planning is strongly encouraged for projects with regulated wetlands on the site. d. After preliminary approval and prior to final land division approval or other land use permit approval, the department may require that the common boundary between a regulated wetland or associated buffer and the adjacent land be identified using permanent signs and/or fencing. In lieu of signs and/or fencing, alternative methods of wetland and buffer identification may be approved when such methods are determined by the department to provide adequate protection to the wetland and buffer. Page 228 11. Trails and trail-related facilities. Construction of public and private trails and trail-related facilities, such as benches and viewing platforms may be allowed in wetlands or wetland buffers pursuant to the following guidelines: a. Trails and related facilities shall, to the extent feasible, be placed on existing road grades, utility corridors, or any other previously disturbed areas. b. Trails and related facilities shall be planned to minimize removal of trees, soil disturbance and existing hyrdological characteristics, shrubs, snags and important wildlife habitat. c. Viewing platforms and benches, and access to them, shall be designed and located to minimize disturbance of wildlife habitat and/or critical characteristics of the affected wetland. d. Trails and related facilities shall generally be located outside required buffers. Where trails are permitted within buffers they shall be located in the outer portion of the buffer and a minimum of 30 feet from the wetland edge, except where wetland crossings or viewing areas have been approved. e. Trails shall generally be limited to pedestrian use unless other more intensive uses, such as dike or horse trails, have been specifically allowed and mitigation has been provided. Trail width shall not exceed five feet unless there is a demonstrated need, subject to review and approval by the department. Trails shall be constructed with pervious materials unless otherwise approved by the department. 12. Parks. Development of public park and recreation facilities may be permitted provided that the following standards are followed: No alteration of wetlands or wetland buffers is allowed except for such uses which are allowed below. For example enhancement of wetlands and development of trails may be allowed in wetlands and wetland buffers subject to special use requirements and approval of a wetland mitigation plan. B. Allowed activities. The following uses shall be allowed within a wetland or wetland buffer to the extent that they are not prohibited by any other ordinance or law and provided they are conducted using best management practices, except where such activities result in the conversion of a regulated wetland or wetland buffer to a use to which it was not previously subjected, and provided further that forest practices and conversions shall be governed by Chapter 76.09 RCW and its rules: 1. Conservation or preservation of soil, water vegetation, fish, shellfish, and other wildlife that does not include changing the structure or functions of the existing wetland; 2. Outdoor recreational activities, including but not limited to fishing, birdwatching, hiking, boating, horseback riding, swimming, canoeing, and bicycling; 3. The harvesting of wild crops in a manner that is not injurious to natural reproduction of such crops and provided the harvesting does not require tilling of soil, planting of crops, or alteration of the wetland by changing existing topography, water conditions, or water sources; 4. Existing and ongoing agricultural activities, including farming, hort iculture, aquaculture, irrigation, ranching or grazing of animals. Activities on areas lying fallow as part of a conventional rotational cycle are part of an ongoing operation. Activities which bring an area into agricultural use are not part of an ongoing operation. An operation ceases to be ongoing when the area on which it was conducted has been converted to another use or has laid idle so long that modifications to the hydrological regime are necessary to resume operations; 5. The maintenance (but not construction) of drainage ditches; 6. Education, scientific research, and use of nature trails; 7. Navigation aids and boundary markers; 8. Boat mooring buoys; Page 229 9. Site investigative work necessary for land use application submittals, such as surveys, soil logs, percolation tests, and other related activities. In every case, wetland impacts shall be minimized and disturbed areas shall be immediately restored; and 10. The following uses are allowed within wetlands and/or wetland buffers provided that written notice at least ten days prior to the commencement of such work has been given to the Director of Community and Economic Development, and provided that wetland impacts are minimized and that disturbed areas are immediately restored: a. Normal maintenance, repair, or operation of existing serviceable structures, facilities, or improved areas. Maintenance and repair does not include any modification that changes the character, scope, or size of the original structure, facility, or improved area and does not include the construction of a maintenance road; and b. Minor modification of existing serviceable structures within a buffer zone where modification does not adversely impact wetland functions. C. Special permit uses. Any activity other than those specified in subsection B. may not be conducted in wetlands or wetland buffers except upon issuance of a wetland permit by the Director of Community and Economic Development. (Ord. 3330 § 1, 4/25/2008; Ord. 3179 § 4 (part), 12/17/2004; Ord. 2655 § 1 (part), 11/29/1991) 15.24.060 - Procedures for wetland permits. A. Permit requirements, compliance. Except as specifically provided in subsection 15.24.050.B., no regulated activity shall occur or be permitted to occur within a regulated wetland or wetland buffer without a written permit from the Director of Community and Economic Development. Any alteration approved by such written permit shall comply fully with the requirements and purposes of this chapter, other applicable regulations, and any terms or conditions of said permit. All activities which are not allowed or permitted shall be prohibited. B. Wetland permits, extensions. Application for a wetland permit to conduct any regulated activity not specifically authorized by subsection 15.24.050.B. within a wetland or wetland buffer shall be made to the Director of Community and Economic Development on forms furnished by his/her office. Permits shall normally be valid for a period of three years from the date of issue and shall expire at the end of that time, unless a longer or shorter period is specified by the Director of Community and Economic Development upon issuance of the permit. An extension of an original permit may be granted upon written request to the Director of Community and Economic Development by the original permit holder or the successor in title. Prior to the granting of an extension, the Director of Community and Economic Development shall require updated studies and/or additional hearings if, in his/her judgment, the original intent of the permit is altered or enlarged by the renewal; if the circumstances relevant to the review and issuance of the original permit have changed substantially; or if the applicant failed to abide by the terms of the original permit. C. Permit applications. 1. Request for determination of applicability: Any person seeking to determine whether a proposed activity or an area is subject to this chapter may request in writing a determination from the Director of Community and Economic Development. Such a request for determination shall contain plans, data, and other information as may be specified by the Director of Community and Economic Development. 2. Pre-permit consultations: Any person intending to apply for a wetland permit is strongly encouraged, but not required, to meet with the Director of Community and Economic Development during the earliest possible stages of project planning in order to discuss wetland impact avoidance and minimization and to discuss compensation, before large commitments Page 230 have been made to a particular project design. Effort put into pre-application consultations and planning will help applicants create projects which will be more quickly and easily proces sed. 3. Information requirements—Wetlands: Unless the Director of Community and Economic Development waives one or more of the following information requirements, applications for a wetland permit under this chapter shall include a wetland report containing the following information: a. Prepared by a qualified professional. A wetland report shall be prepared by a qualified professional who is a wetland biologist, with experience preparing wetland reports. b. Area addressed in wetland report. The following areas shall be addressed in a wetland report. i. The project area of the proposed activity; ii. All wetlands and recommended buffers within 300 feet of the project area. iii. All shoreline areas, water features, flood plains, and other environmentally sensitive areas, and related buffers within 300 feet. c. Wetland analysis. In addition to the minimum required contents of environmentally sensitive area reports, a wetland report shall contain an analysis of the wetlands including the following site- and proposal-related information at a minimum. i. A written assessment and accompanying maps of the wetlands and buffers within 300 feet of the project area, including the following information at a minimum: (A) Wetland delineation and required buffers; (B) Existing wetland acreage; (C) Wetland category; vegetative, faunal, and hydrologic characteristics; (D) Soil and substrate conditions; and (E) Topographic elevations, at two-foot contours. ii. A discussion of measures, including avoidance, minimization, and mitigation, proposed to preserve existing wetlands and restore any wetlands that were degraded prior to the current proposed land use activity. iii. Proposed mitigation, if needed, including a written assessment and accompanying maps of the mitigation area, including the following information at a minimum: (A) Existing and proposed wetland acreage; (B) Vegetative, faunal, and hydrologic conditions; (C) Relationship within watershed and to existing water bodies; (D) Soil and substrate conditions, topographic elevations; (E) Existing and proposed adjacent site conditions; (F) Required wetland buffers; and (G) Property ownership iv. A discussion of ongoing management practices that will protect wetlands after the project site has been developed, including proposed monitoring and maintenance programs. The Director of Community and Economic Development may require additional information, including but not limited to, an assessment of wetland functional characteristics, including a discussion of the methodology used; documentation of the ecological, aesthetic, economic, or other values of the wetland; a study of flood, erosion, or other hazards at the site and the Page 231 effect of any protective measures that might be taken to reduce such hazards; and any other information deemed necessary to verify compliance with the provisions of this chapter or to evaluate the proposed use in terms of the purposes of this chapter. The Director of Community and Economic Development shall maintain and make available to the public, all information applicable to any wetland and its buffer. 4. Filing fees: At the time of an application or request for delineation, the applicant shall pay a filing fee as determined by the Director of Community and Economic Development. Sufficient fees shall be charged to the applicant to cover the costs of evaluation of the application or request for delineation. These fees may be used by the Director of Community and Economic Development to retain expert consultants to provide services pertaining to wetland boundary determinations, functional assessments, and evaluation of mitigation measures. As deemed necessary by the Director of Community and Economic Development, the Director of Community and Economic Development may assess additional reasonable fees as needed to monitor and evaluate permit compliance and mitigation measures. 5. Notification: Upon receipt of the completed permit application, the Planning Director shall notify the individuals and agencies, including Federal and State agencies, having jurisdiction over or an interest in the matter, to provide such individuals and agencies an opportunity to comment. The Director of Community and Economic Development shall establish a mailing list of all interested persons and agencies who wish to be notified of such application. 6. Notice on title: a. The owner of any property with field verified presence of wetland or wetland buffer pursuant to subsection 15.24.040.C., on which a development proposal is submitted shall file for record with the Clallam County Auditor a notice approved by the Director of Community and Economic Development in a form substantially as set forth in subsection b. below. Such notice shall provide notice in the public record of the presence of a wetland or wetland buffer, the application of this chapter to the property, and that limitations on actions in or affecting such wetlands and their buffers may exist. The applicant shall submit proof that the notice has been filed for record before the City of Port Angeles shall approve any development proposal for such site. The notice shall run with the land and failure to provide such notice to any purchaser prior to transferring any interest in the property shall be in violation of this chapter. b. Form of Notice: WETLAND AND/OR WETLAND BUFFER NOTICE Legal Description: _____ Present Owner: _____ NOTICE: This property contains wetlands or their buffers as defined by City of Port Angeles Ordinance. The property was the subject of a development proposal for (type of permit) application # ____________ filed on (date). Restrictions on use or alteration of the wetlands or their buffers may exist due to natural conditions of the property and resulting regulations. Review of such application has provided information on the location of wetlands or wetland buffers and restrictions on their use through setback areas. A copy of the plan showing such setback areas is attached hereto. Page 232 ____________ (Signature of owner) STATE OF WASHINGTON ) ) SS: COUNTY OF CLALLAM ) On this day personally appeared before me to me known to be the individual(s) described in and who executed the within and foregoing instrument and acknowledged that they signed the same as their free and voluntary act and deed for the uses and purposes therein stated. Given under my hand and official seal this ;daterule; day of ____________, 20____________. ____________ NOTARY PUBLIC in and for the State of Washington, residing at ____________ D. Permit processing. 1. Consolidation: The Director of Community and Economic Development shall, to the extent practicable and feasible, consolidate the processing of wetlands-related aspects of other City of Port Angeles regulatory programs which affect activities in wetlands, such as subdivision, clearing and grading, floodplain, and environmentally sensitive areas, with the wetland permit process established herein so as to provide a timely and coordinated permit process. 2. Completeness of application: No later than 28 working days after receipt of the permit application, the Director of Community and Economic Development shall notify the applicant as to the completeness of the application. An application shall not be deemed complete until and unless all information necessary to evaluate the proposed activity, its impacts, and its compliance with the provisions of this chapter have been provided to the satisfaction of the Director of Community and Economic Development. Such determination of completeness shall not be construed as an approval or denial of the permit application. 3. Permit Action: a. Upon receipt of a complete application for a permit authorizing activities on a Category I wetland or its buffer, the City of Port Angeles shall submit the application to the Washington State Department of Ecology for its review and comment. When such permit applications are submitted, the Washington State Department of Ecology should submit its comments or should request an extension of the review period within 30 days. Extensions may be up to 30 days in length. When submitted, no permit shall be issued under this subsection prior to receipt of such comments or the expiration of the time period or any extension. b. The Director of Community and Economic Development shall approve, approve with conditions, or deny a permit application based on compliance with the standards and Page 233 requirements of this chapter. The Director of Community and Economic Development's decision shall include written findings. (Ord. 3179 § 4 (part), 12/17/2004; Ord. 2928 (part), 9/13/1996; Ord. 2655 § 1 (part), 11/29/1991) 15.24.070 - Standards for permit decisions. A. A permit shall only be granted if the permit, as conditioned, is consistent with the provisions of this chapter. Additionally, permits shall only be granted if: 1. A proposed action avoids adverse impacts to regulated wetlands, its functions, or their buffers or takes affirmative and appropriate measures to minimize and compensate for unavoidable impacts; 2. The proposed activity results in no net loss of wetland area and function; or 3. Denial of a permit would cause an extraordinary hardship on the applicant. B. Wetlands permits shall not be effective and no activity thereunder shall be allowed during the time provided to file a permit appeal. C. Wetland buffers: 1. Standard buffer zone widths: Wetland buffer zones shall be required for all regulated activities adjacent to regulated wetlands. Any wetland created, restored, or enhanced as compensation for approved wetland alterations shall also include the standard buffer required for the category of the created, restored, or enhanced wetland. All buffers shall be measured from the wetland boundary as surveyed in the field, pursuant to the applicable definitions in 15.24.020. The width of the wetland buffer zone shall be determined according to wetland category and the intensity of the proposed land use, as follows: a. Category I: High intensity 300 feet Low intensity 200 feet b. Category II: High intensity 200 feet Low intensity 100 feet c. Category III: High intensity 100 feet Low intensity 50 feet d. Category IV: High intensity 50 feet Low intensity 25 feet 2. Increased wetland buffers zone width: The Director of Community and Economic Development shall require increased standard buffer zone widths on a case-by-case basis when a larger buffer is necessary to protect wetlands functions and values, based on local conditions. This determination shall be supported by appropriate documentation showing that it is reasonably related to protection of the functions and values of the regulated wetland. Such determination shall be attached as a permit condition and shall demonstrate that: Page 234 a. A larger buffer is necessary to maintain viable populations of existing species; or b. The wetland is used by species proposed or listed by the Federal Government or the State as endangered, threatened, rare, monitor, or sensitive, critical or outstanding potential habitat for those species, or has unusual nesting or resting sites, such as heron rookeries or raptor nesting trees; or c. The adjacent land is susceptible to severe erosion, and erosion control measures will not effectively prevent adverse wetland impacts; or d. The adjacent land has minimal vegetative cover or slopes greater than 15 percent. 3. Reduction of standard wetland buffer zone width: The Director of Community and Economic Development may reduce the standard wetland buffer zone widths on a case-by-case basis where it can be demonstrated that: a. The adjacent land is extensively vegetated and has less than 15 percent slopes and that no direct or indirect, short-term or long-term, adverse impacts to regulated wetlands, as determined by the Director of Community and Economic Development, will result from a regulated activity. The Director of Community and Economic Development may require long- term monitoring of the project and subsequent corrective actions if adverse impacts to regulated wetlands are discovered; or b. The project includes a buffer enhancement plan using native vegetation which substantiates that an enhanced buffer will improve the functional attributes of the buffer to provide additional protection for wetlands functions and values. An enhanced buffer shall not result in greater than a 25 percent reduction in the buffer width, and the reduced buffer shall not be less than 25 feet. 4. Standard wetland buffer width averaging: Standard wetland buffer zones may be modified by averaging buffer widths. Wetland buffer width averaging shall be allowed only where the applicant demonstrates all of the following: a. That averaging is necessary to avoid an extraordinary hardship to the applicant caused by circumstances peculiar to the property; b. That the wetland contains variations in sensitivity due to existing physical characteristics; c. That low intensity land uses would be located adjacent to areas where buffer width is reduced, and that such low intensity land uses are guaranteed in perpetuity by covenant, deed restriction, easement, or other legally binding mechanism; d. That width averaging will not adversely impact the wetland functional values; and e. That the total area contained within the wetland buffer after averaging is no less than that contained within the standard buffer prior to averaging. In no instance shall the buffer width be reduced by more than 50 percent of the standard buffer or be less than 25 feet. 5. When applicable the order of sequence for buffer reductions shall be as follows: a. Use of buffer averaging maintaining 100 percent of the buffer area under the standard buffer requirement: b. Reduction of the overall buffer area by no more than 25 percent of the area required under the standard buffer requirement; c. Enhancement of existing degraded buffer area and replanting of the disturbed buffer area; d. Use of LID BMPs and/or Iinfiltration of stormwater where soils permit; e. Retention of existing native vegetation on other portions of the site in order to offset habitat loss from buffer reduction. 6. Except as otherwise specified, wetland buffer zones shall be retained in their undisturbed natural condition except where the buffer can be enhanced to improve its functional attributes. Buffers Page 235 that are in their natural condition should not be altered and should remain in their natural condition and be enhanced whenever possible. Any buffer enhancement and/or limited view clearing activity must be reviewed and approved by the department. No refuse shall be placed in the buffer. Where buffers have been altered or disturbance has occurred during construction and ecological functions and values have been lost, restoration is required to replace lost functions and values. 7. Permitted uses in a wetland buffer zone: In addition to those activities allowed in regulated wetlands in this section, the following activities are allowed in wetland buffers without having to meet the protection standards, or requirements for wetland studies or mitigation set forth in this section, provided that impacts to buffers are minimized and that disturbed areas are immediately restored. a. In association with a single family residence only, the establishment and expansion of lawns, landscaping, orchards, gardens, and fences, provided that: i. Lawns, landscaping, orchards, and gardens shall be are only allowed within the outer 25 percent of the buffer width where no reasonable alternative is available other area within a property is available to accommodate these land uses. Native vegetation shall be protected within wetland buffers to the maximum extent practicable. No structure other than fences nor any impervious surface shall be included in the above. No pesticides, herbicides or fertilizers may be used in wetland buffers; and ii. Fences shall be designed to allow the unimpeded passage of surface water beneath them. b. Activities having minimal adverse impacts on buffers and no adverse impacts on regulated wetlands may be allowed. These include low intensity, passive recreational activities such as pervious trails, nonpermanent wildlife watching blinds, and scientific or educational activities. Trails within buffers shall be designed to minimize impacts to the wetland, and shall not include any impervious surfaces wildlife viewing and hiking. c. Within the buffers of Category III and IV wetlands only, vegetation-lined swales and LID BMPs designed for stormwater management or conveyance when topographic restraints determine there are no other upland alternative location. Swales, LID BMPs, and any stormwater discharges from the swales/BMPs used for detention purposes may only be placed in the outer 25 percent of the buffer. Conveyance swales may be placed through the buffer, if necessary must also protect wetland functions in accordance with Appendix I-D of the Department of Ecology’s SWMMWW (2014). 8. Building and impervious surface setback lines: A building or impervious surface setback line of 15 feet is required from the edge of any wetland buffer. Minor structural intrusions into the area of the building setback may be allowed if the Director of Community and Economic Development determines that such intrusions will not negatively impact the wetland. The setback shall be identified on a site plan which is filed as an attachment to the notice on title required by subsection 15.24.060.C.6. D. Avoiding wetland impacts: 1. Regulated activities shall not be authorized in a regulated wetland except where it can be demonstrated that the impact is both unavoidable and necessary or that all reasonable economic uses are denied. 2. With respect to Category I wetlands, an applicant must demonstrate that denial of the permit would impose an extraordinary hardship on the part of the applicant brought about by circumstances peculiar to the subject property. 3. With respect to Category II and III wetlands, the following provisions shall apply: a. For water-dependent activities, unavoidable and necessary impacts can be demonstrated where there are no practicable alternatives which would not involve a wetland or which would Page 236 not have less adverse impact on a wetland, and would not have other significant adverse environmental consequences. b. Where nonwater-dependent activities are proposed, it shall be presumed that adverse impacts are avoidable. This presumption may be rebutted upon a demonstration that: i. The basic project purpose cannot reasonably be accomplished utilizing one or more other sites in the general region that would avoid, or result in less, adverse impact on a regulated wetland; and ii. A reduction in the size, scope, configuration, or density of the project as proposed and all alternative designs of the project as proposed that would avoid, or result in less, adverse impact on a regulated wetland or its buffer will not accomplish the basic purpose of the project; and iii. In cases where the applicant has rejected alternatives to the project as proposed due to constraints such as zoning, deficiencies of infrastructure, or parcel size, the applicant has made reasonable attempts to remove or accommodate such constraints. 4. With respect to Category IV wetlands, unavoidable and necessary impacts can be demonstrated where the proposed activity is the only reasonable alternative which will accomplish the applicant's objectives. E. Reasonable use exception: 1. If an applicant for a development proposal demonstrates to the satisfaction of the Director of Community and Economic Development that application of these standards would deny all reasonable economic use of the property, development as conditioned may be allowed if the applicant also demonstrates all of the following to the satisfaction of the Director of Community and Economic Development: a. That the proposed project is water-dependent or requires access to the wetland as a central element of its basic function, or is not water-dependent but has no practicable alternative, pursuant to subsection 15.24.070.D.; b. That no reasonable use with less impact on the wetland and its buffer is possible (e.g., agriculture, aquaculture, transfer or sale of development rights or credits, sale of open space easements, etc.); c. That there is no feasible on-site alternative to the proposed activities, including reduction in density, phasing of project implementation, change in timing of activities, revision of road and lot layout, and/or related site planning considerations, that would allow a reasonable economic use with less adverse impacts to wetlands and wetland buffers; d. That the proposed activities will result in minimum feasible alteration or impairment to the wetland's functional characteristics and its existing contours, vegetation, fish and wildlife resources, and hydrological conditions; e. That disturbance of wetlands has been minimized by locating any necessary alteration in wetland buffers to the extent possible; f. That the proposed activities will not jeopardize the continued existence of endangered, threatened, rare, sensitive, or monitor species as listed by the Federal government or the State of Washington; g. That the proposed activities will not cause significant degradation of groundwater or surface water quality; h. That the proposed activities comply with all State, local, and Federal laws, including those related to sediment control, pollution control, floodplain restrictions, and on-site wastewater disposal; Page 237 i. That any and all alterations to wetlands and wetland buffers will be mitigated as provided in subsection 15.24.070.H.7.; j. That there will be no damage to nearby public or private property and no threat to the health or safety of people on or off the property; and k. That the inability to derive reasonable economic use of the property is not the result of actions by the applicant in segregating or dividing the property and creating the undevelopable condition after the original effective date of this chapter. 2. If the Director of Community and Economic Development determines that alteration of a wetland and/or wetland buffer is necessary and unavoidable, the Director of Community and Economic Development shall set forth in writing in the file he maintains regarding a permit application his findings with respect to each of the items listed in this subsection. 3. Alternatively, if the Director of Community and Economic Development determines that application of these standards would deny all reasonable economic use of the property, the City may take the property for public use with just compensation being made. F. Minimizing wetlands impacts: 1. After it has been determined by the Director of Community and Economic Development pursuant to subsection 15.24.070.D. that losses of wetland are necessary and unavoidable or that all reasonable economic use has been denied, the applicant shall take deliberate measures to minimize wetland impacts. 2. Minimizing impacts to wetlands shall include but is not limited to: a. Limiting the degree or magnitude of the regulated activity; b. Limiting the implementation of the regulated activity; c. Using appropriate and best available technology; d. Taking affirmative steps to avoid or reduce impacts; e. Sensitive site design and siting of facilities and construction staging areas away from regulated wetlands and their buffers; f. Involving resource agencies early in site planning; and g. Providing protective measures and best management practices, such as siltation curtains, hay bales, and other siltation prevention measures; scheduling the regulated activity to avoid interference with wildlife and fisheries rearing, resting, nesting, or spawning activities. G. Limited density transfer: For development proposals on lands containing wetland buffers, the Director of Community and Economic Development shall determine allowable dwelling units for residential development proposals based on the formulas below. The following formula for density calculations is designed to provide incentives for the preservation of wetlands and wetland buffers, flexibility in design, and consistent treatment of different types of development proposals. The formula shall apply to all properties within existing residential zones on which wetlands and wetland buffers are located. The maximum number of dwelling units (DU) for a lot or parcel which contains wetlands and wetland buffers shall be equal to: (Acres in Wetland Buffer)(DU/Acre)(Density Credit). The density credit figure is derived from the following table: Percentage of site in buffers Density Credit Page 238 1—10% 100% 11—20% 90% 21—30% 80% 31—40% 70% 41—50% 60% 51—60% 50% 61—70% 40% 71—80% 30% 81—90% 20% 91—99% 10% The density credit can only be transferred within the development proposal site. To the extent that application of the formula may result in lot sizes less than the minimum allowed by the underlying district, they are hereby authorized, provided that the resultant lot is of sufficient size for an on-site waste disposal system if no sanitary sewer system exists. Should the density credit allow average lot size to fall below the minimum standard allowed by underlying zoning, the applicant shall use planned residential development procedures for project review. The Director of Community and Economic Development shall not allow credit for density for the portions of the site occupied by wetlands. H. Acting on the application: 1. Special use permit conditions: a. Sensitive area tracts: As a condition of any permit issued pursuant to this chapter, the permit holder may be required to create a separate sensitive area tract or tracts containing the areas determined to be wetland and/or wetland buffer in field investigations performed pursuant to subsection 15.24.040.C. Sensitive area tracts are legally created tracts containing wetlands and their buffers that shall remain undeveloped in perpetuity. Sensitive area tracts are an integral part of the lot in which they are created; are not intended for sale, lease or transfer; and shall be included in the area of the parent lot for purposes of subdivision method and minimum lot size. b. Protection of sensitive area tracts: The Director of Community and Economic Development shall require, as a condition of any permit issued pursuant to this chapter, that the sensitive Page 239 area tract or tracts created pursuant to subsection 15.24.070.H.1. be protected by one of the following methods: i. The permit holder shall convey an irrevocable offer to dedicate to the City of Port Angeles or other public or non-profit entity specified by the Director of Community and Economic Development, an easement for the protection of native vegetation within a wetland and/or its buffer; or ii. The permit holder shall establish and record a permanent and irrevocable deed restriction on the property title of all lots containing a sensitive area tract or tracts created as a condition of this permit. Such deed restriction(s) shall prohibit in perpetuit y the development, alteration, or disturbance of vegetation within the sensitive area tract except for purposes of habitat enhancement as part of an enhancement project which has received prior written approval from the City of Port Angeles, and any other agency with jurisdiction over such activity. c. The deed restriction shall also contain the following language: "Before beginning and during the course of any grading, building construction, or other development activity on a lot or development site subject to this deed restriction, the common boundary between the area subject to the deed restriction and the area of development activity must be fenced or otherwise marked to the satisfaction of the City of Port Angeles." d. Regardless of the legal method of protection chosen by the Director of Community and Economic Development, responsibility for maintaining sensitive area tracts shall be held by a homeowners association, adjacent lot owners, the permit applicant or designee, or other appropriate entity as approved by the Director of Community and Economic Development. e. The following note shall appear on the face of all plats, short plats, PRDs, or other approved site plans containing separate sensitive area tracts, and shall be recorded on the title of record for all affected lots: "NOTE: All lots adjoining separate sensitive area tracts identified as Native Vegetation Protection Easements or protected by deed restriction, are responsible for maintenance and protection of the tracts. Maintenance includes ensuring that no alterations occur within the separate tract and that all vegetation remains undisturbed for other than natural reasons, unless the express written authorization of the City of Port Angeles has been received." f. The common boundary between a separate sensitive area tract and the adjacent land must be permanently identified. This identification shall include permanent wooden fence and/or metal signs on treated wood or metal posts. Signs shall be worded as follows: "Protection of this natural area is in your care. Alteration or disturbance is prohibited by law. Please call the Port Angeles Planning Department for more information." g. Sign locations and size specifications shall be approved by the Director of Community and Economic Development. The Director of Community and Economic Development shall require permanent fencing of the sensitive area tract or tracts. In lieu of fencing, alternative methods of wetland and buffer identification may be approved when such methods are determined by the department to provide adequate protection to the wetland buffer. h. Additional conditions: i. The location of the outer extent of the wetland buffer and the areas to be disturbed pursuant to an approved permit shall be marked in the field, and such field marking shall be approved by the Director of Community and Economic Development prior to the commencement of permitted activities. Such field markings shall be maintained throughout the duration of the permit. ii. The Director of Community and Economic Development may attach such additional conditions to the granting of a special use permit as deemed necessary to assure the Page 240 preservation and protection of affected wetlands and to assure compliance with the purposes and requirements of this chapter. 2. Bonding: a. Performance bonds: The Director of Community and Economic Development may require the applicant of a development proposal to post a cash performance bond or other security acceptable to the Director of Community and Economic Development in an amount and with surety and conditions sufficient to fulfill the requirements of subsection 15.24.070.H.6. and, in addition, to secure compliance with other conditions and limitations set forth in the permit. The amount and the conditions of the bond shall be consistent with the purposes of this chapter. In the event of a breach of any condition of any such bond, the City of Port Angeles may institute an action in a court of competent jurisdiction upon such bond and prosecute the same to judgment and execution. The Director of Community and Economic Development shall release the bond upon determining the following, provided that prior to such written release of the bond, the principal or surety cannot be terminated or canceled; i. All activities, including any required compensatory mitigation, have been completed in compliance with the terms and conditions of the permit and the requirements of this chapter; ii. The posting by the applicant of a maintenance bond has occurred. b. Maintenance bonds: The Director of Community and Economic Development shall require the holder of a development permit issued pursuant to this chapter to post a cash performance bond or other security acceptable to the Director of Community and Economic Development in an amount and with surety and conditions sufficient to guarantee that structures, improvements, and mitigation required by the permit or by this chapter perform satisfactorily for a minimum of two years after they have been completed. The Director of Community and Economic Development shall release the maintenance bond upon determining that performance standards established for evaluating the effectiveness and success of the structures, improvements, and/or compensatory mitigation have been satisfactorily met for the required period. For compensation projects, the performance standards shall be those contained in the mitigation plan developed and approved during the permit review process, pursuant to subsection 15.24.070.H.7. The maintenance bond applicable to a compensation project shall not be released until the Director of Community and Economic Development determines that performance standards established for evaluating the effect and success of the project have been met. 3. Other laws and regulations: No permit granted pursuant to this chapter shall remove an applicant's obligation to comply in all respects with the applicable provisions of any other federal, state, or local law or regulation, including but not limited to the acquisition of any other required permit or approval. 4. Suspension or revocation: In addition to other penalties provided for elsewhere, the Director of Community and Economic Development may suspend or revoke a permit if he/she finds that the applicant or permittee has not complied with any or all of the conditions or limitations set forth in the permit; has exceeded the scope of work set forth in the permit; or has failed to undertake the project in the manner set forth in the approved application. 5. Publication of notice: The Director of Community and Economic Development shall cause notice of his/her denial, issuance, conditional issuance, revocation, or suspension of a permit to be published in a daily newspaper having a broad circulation in the area wherein the wetland lies. Such notice shall be published within five working days of the decision or order and shall include at least the following: a. A brief description of the project, including location; b. The decision or order of the City with respect to the project; Page 241 c. Notification that the permit file is open for public inspection during regular business hours, and the address where such file may be inspected; and d. A statement of the procedures regarding appeal or judicial review of the decision, if applicable. 6. Compensating for wetlands impacts: As a condition of any permit allowing alteration of wetlands and/or wetland buffers, or as an enforcement action pursuant to subsection 15.24.080.C., the Director of Community and Economic Development shall require that the applicant engage in the restoration, creation, or enhancement of wetlands and their buffers in order to offset the impacts resulting from the applicant's or violator's actions. The applicant shall develop a plan which provides for land acquisition, construction, maintenance, and monitoring of replacement wetlands that recreate as nearly as possible the original wetlands in terms of acreage, function, geographic location and setting, and that are larger than the original wetlands. The overall goal of any compensatory project shall be no net loss of wetlands function and acreage and to strive for a new resource gain in wetlands over present conditions. Compensation shall be completed prior to wetland destruction, where possible. Compensatory mitigation shall follow an approved mitigation plan pursuant to subsection 15.24.070.H.7. and shall meet the following minimum performance standards: a. Given the uncertainties in scientific knowledge and the need for expertise and monitoring, wetland compensatory projects may be permitted only when the Director of Community and Economic Development finds that the compensation project is associated with an activity or development otherwise permitted and that the restored, created, or enhanced wetland will be as persistent as the wetland it replaces. Additionally, applicants shall: i. Demonstrate sufficient scientific expertise, supervisory capability, and financial resources to carry out the project; ii. Demonstrate the capability for monitoring the site and to make corrections during this period if the project fails to meet projected goals; and iii. Protect and manage or provide for the protection and management of the compensation area to avoid further development or degradation and to provide for long-term persistence of the compensation area. b. Wetlands restoration and creation: i. Any person who alters regulated wetlands shall restore or create equivalent areas or greater areas of wetlands than those altered in order to compensate for wetland losses. ii. Where feasible, restored or created wetlands shall be a higher category than the altered wetland. iii. Compensation areas shall be determined according to function, acreage, type, location, time factors, ability to be self-sustaining, and projected success. Wetland functions and values shall be calculated using the best professional judgment of a qualified wetland ecologist using the best available techniques. Multiple compensation projects may be proposed for one project in order to best achieve the goal of no net loss. iv. Acreage replacement ratio. The following ratios apply to creation or restoration which is in-kind, on-site, timed prior to or concurrent with alteration, and has a high probability of success. These ratios do not apply to remedial actions resulting from illegal alterations. The first number specifies the acreage of wetlands requiring replacement and the second specifies the acreage of wetlands altered. Category I 6:1 Page 242 Category II or III Forested 3:1 Scrub-shrub 2:1 Emergent 1.5:1 Category IV 1.25:1 (A) Increased replacement ratio: The Director of Community and Economic Development may increase the ratios under the following circumstances: (1) Uncertainty as to the probable success of the proposed restoration or creation; (2) Significant period of time between destruction and replication of wetland functions; (3) Projected losses in functional value; or (4) Off-site compensation. (B) Decreased replacement ratio: The Director of Community and Economic Development may decrease these ratios based on findings of special studies coordinated with agencies with expertise which demonstrate that no net loss of wetland function or value is attained under the decreased ratio. (C) In all cases, a minimum acreage replacement ratio of 1:1 shall be required. c. Wetlands enhancement: i. Any applicant proposing to alter wetlands may propose to enhance existing significantly degraded wetlands in order to compensate for wetland losses. Applicants proposing to enhance wetlands shall identify how enhancement conforms to the overall goals and requirements of the local wetlands protection program and established regional goals. ii. A wetlands enhancement compensation project shall be determined pursuant to subsection 15.24.070.H.6., provided that enhancement for one function and value will not degrade another function or value and that acreage replacement ratios shall be doubled to recognize existing functional values and, provided further, that Category I wetlands shall not be enhanced. d. Wetland type: i. In-kind compensation shall be provided except where the applicant can demonstrate that: (A) The wetland system is already significantly degraded and out-of-kind replacement will result in a wetland with greater functional value; (B) Scientific problems, such as exotic vegetation and changes in watershed hydrology make implementation of in-kind compensation impossible; or Page 243 (C) Out-of-kind replacement will best meet identified regional goals (e.g., replacement of historically diminished wetland types). (D) Where out-of-kind replacement is accepted, greater acreage replacement ratios may be required to compensate for lost functional values. e. Location: i. On-site compensation shall be provided except where the applicant can demonstrate that: (A) The hydrology and ecosystem of the original wetland and those who benefit from the hydrology and ecosystem will not be substantially damaged by the on-site loss; and (B) On-site compensation is not scientifically feasible due to problems with hydrology, soils, waves, or other factors; or (C) Compensation is not practical due to potentially adverse impact from surrounding land uses; or (D) Existing functional values at the site of the proposed restoration are significantly greater than lost wetland functional values; or (E) That established regional goals for flood storage, flood conveyance, habitat or other wetland functions have been established and strongly justify location of compensatory measures at another site. ii. Off-site compensation shall occur within the same watershed as the wetland loss occurred; provided that Category IV wetlands may be replaced outside of the watershed when there is no reasonable alternative. iii. In selecting compensation sites, applicants shall pursue siting in the following order of preference: (A) Upland sites which were formerly wetlands; (B) Idled upland sites generally having bare ground or vegetative cover consisting primarily of exotic introduced species, weeds, or emergent vegetation; (C) Other disturbed upland. f. Timing: i. Where feasible, compensation projects shall be completed prior to activities that will disturb wetlands, and immediately after activities that will temporarily disturb wetlands. In all other cases, except for Category I wetlands, compensatory projects should be completed prior to use or occupancy of the activity or development which was conditioned upon such compensation. Construction of compensation projects shall be timed to reduce impacts to existing wildlife and flora. g. Cooperative restoration, creation, or enhancement projects: i. The Director of Community and Economic Development may encourage, facilitate, and approve cooperative projects wherein a single applicant or other organization with demonstrated capability may undertake a compensation project with funding from other applicants under the following circumstances: (A) Restoration, creation, or enhancement at a particular site may be scientifically difficult or impossible; or (B) Creation of one or several larger wetlands may be preferable to many small wetlands. ii. Persons proposing cooperative compensation projects shall: Page 244 (A) Submit a joint permit application; (B) Demonstrate compliance with all standards; (C) Demonstrate the organizational and fiscal capability to act cooperatively; and (D) Demonstrate that long-term management can and will be provided. 7. Non-compensatory enhancement: Non-compensatory enhancements are those wetland enhancement projects which are conducted solely to increase the functions and values of an existing wetland and which are not required to be conducted pursuant to the requirement s of section 15.24.070(H)(6). There are two types of non-compensatory enhancement: a. Type 1 non-compensatory enhancement. Type 1 non-compensatory enhancement projects involve the filling, draining, or excavating of a regulated wetland. All applications for Type 1 non-compensatory enhancement projects shall be accompanied by an enhancement plan prepared in accordance with subsections (i)a) - b), below, which demonstrates that the proposed activities will result in an increase in wetland functions and values. i. The enhancement plan must be submitted for review and approval by the Director of Community and Economic Development: ii. The enhancement plan must either be prepared by a qualified wetlands consultant or accepted in writing by the U.S. Fish and wildlife Service, and the Washington Department of Fish and Wildlife, or the Washington Department of Ecology. b. Type 2 non-compensatory enhancement. Type 2 non-compensatory enhancement projects involve wetland alterations that do not include the filling, draining, or excavation of a regulated wetland. Such projects might involve the removal of non-native plant species. All application for Type 2 non-compensatory enhancement projects shall be accompanied by an enhancement plan prepared in accordance with subsections (ii)a) - b), below, which demonstrates that the proposed activities will result in an increase in wetland functions and values. i. The enhancement plan shall be submitted for review and approval by the Director of Community and Economic Development; ii. The enhancement plan must include a detailed description of the activity including the following information: (A) The goal of the enhancement project; (B) What plants, if any, will be removed or planted; (C) How the activity will be conducted, including the type(s) of tools or machinery to be used; and (D) The qualifications of the individual who will be conducting the enhancement activity. iii. The enhancement plan must either be prepared by a qualified wetlands consultant or accepted in writing by the U.S. Fish and Wildlife Service, the Washington Department of Fish and Wildlife, or the Washington department of Ecology. 8. Mitigation plans: All wetland restoration, creation, and/or enhancement projects required pursuant to this chapter, either as a permit condition or as the result of an enforcement action, shall follow a mitigation plan prepared by qualified wetland professionals approved by the Director of Community and Economic Development. The applicant or violator shall receive written approval of the mitigation plan by the Director of Community and Economic Development prior to commencement of any wetland restoration, creation, or enhancement activity. Unless the Director of Community and Economic Development, in consultation with qualified wetland professionals, determines, based on the size and nature of the development proposal, the nature of the impacted wetland, and the degree of cumulative impacts on the wetland from other development proposals, Page 245 that the scope and specific requirements of the mitigation plan may be reduced from what is listed below, the mitigation plan shall contain at least the following components: a. Baseline information: A written assessment and accompanying maps of the: i. Impacted wetland including, at a minimum, wetland delineation; existing wetland acreage; vegetative, faunal, and hydrologic characteristics; soil and substrate conditions; topographic elevations; and ii. Compensation site, if different from the impacted wetland site, including, at a minimum, existing acreage; vegetative, faunal, and hydrologic conditions; relationship within watershed and to existing waterbodies; soil and substrate conditions; topographic elevations; existing and proposed adjacent site conditions; buffers; and ownership. b. Environmental goals and objectives: A written report shall be provided identifying goals and objectives and describing: i. The purposes of the compensation measures, including a description of site selection criteria; identification of compensation goals; identification of target evaluation species and resource functions; dates for beginning and completion; and a complete description of the structure and functional relationships sought in the new wetland. The goals and objectives shall be related to the functions and values of the original wetland, or if out- of-kind, the type of wetland to be emulated. ii. A review of the available literature and/or experience to date in restoring or creating the type of wetland proposed shall be provided. An analysis of the likelihood of success of the compensation project at duplicating the original wetland shall be provided based on the experiences of comparable projects, if any. An analysis of the likelihood of persistence of the created or restored wetland shall be provided based on such factors as surface and ground water supply and flow patterns; dynamics of the wetland ecosystem; sediment or pollutant influx and/or erosion, periodic flooding and drought, etc.; presence of invasive flora or fauna; potential human or animal disturbance; and previous comparable projects, if any. c. Performance standards: Specific criteria shall be provided for evaluating whether or not the goals and objectives of the project and for beginning remedial action or contingency measures. Such criteria may include water quality standards, survival rates of planted vegetation, species abundance and diversity targets, habitat diversity indices, or other ecological, geological, or hydrological criteria. d. Detailed construction plans: Written specifications and descriptions of compensation techniques shall be provided, including the proposed construction sequence; grading and excavation details; erosion and sediment control features needed for wetland construction and long-term survival; a planting plan specifying plant species, quantities, locations, size, spacing, and density; source of plant materials, propagules, or seeds; water and nutrient requirements for planting; where appropriate, measures to protect plants from predation; specification of substrate stockpiling techniques and planting instructions; descriptions of water control structures and water-level maintenance practices needed to achieve the necessary hydrocycle/hydroperiod characteristics; etc. These written specifications shall be accompanied by detailed site diagrams, scaled cross-sectional drawings, topographic maps showing slope percentage and final grade elevations, and any other drawings appropriate to show construction techniques or anticipated final outcome. The plan shall provide for elevations which are appropriate for the desired habitat type(s) and which provide sufficient tidal prism and circulation data. e. Monitoring program: A program outlining the approach for monitoring construction of the compensation project and for assessing a completed project shall be provided. Monitoring may include, but is not limited to: Page 246 i. Establishing vegetation plots to track changes in plant species composition and density over time; ii. Using photo stations to evaluate vegetation community response; iii. Sampling surface and subsurface waters to determine pollutant loading, and changes from the natural variability of background conditions (pH, nutrients, heavy metals); iv. Measuring base flow rates and storm water runoff to model and evaluate water quality predictions, if appropriate; v. Measuring sedimentation rates, if applicable; and vi. Sampling fish and wildlife populations to determine habitat utilization, species abundance, and diversity. A protocol shall be included outlining how the monitoring data will be evaluated by agencies that are tracking the progress of the compensation project. A monitoring report shall be submitted annually, at a minimum, documenting milestones, successes, problems, and contingency actions of the compensation project. The compensation project shall be monitored for a period necessary to establish that performance standards have been met, but not for a period less than five years. f. Contingency plan: Identification of potential courses of action, and any corrective measures to be taken when monitoring or evaluation indicates project performance standards are not being met. g. Permit conditions: Any compensation project prepared pursuant to this section and approved by the Director of Community and Economic Development shall become part of the application for the permit. h. Performance bonds and demonstration of competence: A demonstration of financial resources, administrative, supervisory, and technical competence and scientific expertise of sufficient standard to successfully execute the compensation project shall be provided. A compensation project manager shall be named and the qualifications of each team member involved in preparing the mitigation plan and implementing and supervising the project shall be provided, including educational background and areas of expertise, training and experience with comparable projects. In addition, bonds ensuring fulfillment of the compensation project, monitoring program, and any contingency measure shall be posted pursuant to subsection 15.24.070.H. in the amount of 120 percent of the expected cost of compensation. i. Regulatory authorities are encouraged to consult with and solicit comments of any Federal, State, regional, or local agency, including tribes, having any special expertise with respect to any environmental impact prior to approving a mitigation proposal which includes wetlands compensation. The compensation project proponents should provide sufficient information on plan design and implementation in order for such agencies to comment on the overall adequacy of the mitigation proposal. j. Compensatory mitigation is not required for regulated activities: i. For which a permit has been obtained that occur only in the buffer or expanded buffer and which have no adverse impacts to regulated wetlands; or ii. Which are allowed pursuant to subsection 15.24.050.B., provided such activities utilize best management practices to protect the functions and values of regulated wetlands. I. Appeals: Any decision of the Director of Community and Economic Development in the administration of this chapter may be appealed in writing to the City Council within 14 days of the issuance of notice of the decision. The time period for considering the appeal shall not exceed 90 days. Page 247 J. Modification of wetland permits: A wetland permit holder may request and the Director of Community and Economic Development may approve modification of a previously issued wetland permit. K. Resubmittal of denied permit applications: A wetland permit application which has been denied may be modified and resubmitted no earlier than 180 days following action on the original application. A permit application shall be considered a resubmittal if the site proposed for development was the subject of a wetland permit application within the previous 180 days. A new fee will be required for such resubmittal. (Ord. 3330 § 2, 4/25/2008; Ord. 3179 § 4 (part), 12/17/2004; Ord. 3007 § 3, 1/15/1999; Ord. 2928 (part), 9/13/1996; Ord. 2655 § 1 (part), 11/29/1991) 15.24.080 - Temporary emergency permit—Enforcement. A. Temporary emergency permit: Notwithstanding the provisions of this chapter or any other laws to the contrary, the Director of Community and Economic Development may issue a temporary emergency wetlands permit if: 1. The Director of Community and Economic Development determines that an unacceptable threat to life or severe loss of property will occur if an emergency permit is not granted; and 2. The anticipated threat or loss may occur before a permit can be issued or modified under the procedures otherwise required by this chapter and other applicable laws. B. Any emergency permit granted shall incorporate, to the greatest extent practicable and feasible but not inconsistent with the emergency situation, the standards and criteria required for non-emergency activities under this act and shall: 1. Be limited in duration to the time required to complete the authorized emergency activity, not to exceed 90 days; and 2. Require, within this 90-day period, the restoration of any wetland altered as a result of the emergency activity; except that if more than the 90 days from the issuance of the emergency permit is required to complete restoration, the emergency permit may be extended to complete this restoration. Issuance of an emergency permit by the Director of Community and Economic Development does not preclude the necessity to obtain necessary approvals from appropriate Federal and State authorities. Notice of the issuance of the emergency permit and request for public comments shall be published at least once a week on the same day of the week for two consecutive weeks in a newspaper having a general circulation in the City of Port Angeles, the City publication to be no later than ten days after issuance of the emergency permit. The emergency permit may be terminated at any time without process upon a determination by the Director of Community and Economic Development that the action was not or is no longer necessary to protect human health or the environment. C. Enforcement: 1. General enforcement: The City of Port Angeles shall have authority to enforce this chapter, any rule or regulation adopted, and any permit or order issued, pursuant to this chapter, against any violation or threatened violation thereof. The City of Port Angeles is authorized to issue violation notices and administrative orders, levy fines, and/or institute legal actions in court. Recourse to any single remedy shall not preclude recourse to any of the other remedies. Each violation of this chapter, or any rule or regulation adopted, or any permit, permit condition, or order issued pursuant to this chapter, shall be a separate offense, and, in the case of a continuing violation, each day's continuance shall be deemed to be a separate and distinct offense. All costs, fees, and expenses in connection with enforcement actions may be recovered as damages against the Page 248 violator. Enforcement actions shall include civil penalties, administ rative orders and actions for damages and restoration. 2. Injunctive relief: The City of Port Angeles may bring appropriate actions at law or equity, including actions for injunctive relief, to ensure that no uses are made of a regulated wetland or their buffers which are inconsistent with this chapter or an applicable wetlands protection program. 3. Cease and desist order: The City of Port Angeles may serve upon a person a cease and desist order if an activity being undertaken on regulated wetlands or its buffer is in violation of this chapter or any permit issued to implement this chapter. Whenever any person violates this chapter or any permit issued to implement this chapter, the City of Port Angeles may issue an order reasonably appropriate to cease such violation and to mitigate any environmental damage resulting therefrom. Content of order: The order shall set forth and contain: a. A description of the specific nature, extent, and time of violation and the damage or potential damages. b. A notice that the violation or the potential violation cease and desist or, in appropriate cases, the specific correction action to be taken within a given time. A civil penalty may be issued with the order. c. Effective date: The cease and desist order issued under this section shall become effective immediately upon receipt by the person to whom the order is directed. d. Compliance: Failure to comply with the terms of a cease and desist order can result in enforcement actions including, but not limited to, the issuance of a civil penalty. 4. Penalties: Any person who undertakes any activity within a regulated wetland or its buffer without first obtaining a permit required by this chapter, except as allowed in subsection 15.24.050.B., or any person who violates one or more conditions of any permit required by this chapter or of any order issued pursuant to this section, shall incur a penalty allowed per violation. In the case of a continuing violation, each permit violation and each day of activity without a required permit shall be a separate and distinct violation. The penalty amount shall be set in consideration of the previous history of the violator and the severity of the environmental impact of the violation. The penalty provided in this subsection shall be appealable to the Superior Court of Clallam County. 5. Aiding or abetting: Any person who, through an act of commission or omission, procures, aids, or abets in the violation shall be considered to have committed a violation for the purposes of the penalty. 6. Notice of penalty: Civil penalties imposed under this section shall be imposed by a notice in writing, either by certified mail with return receipt requested or by personal service, to the person incurring the same from the Department and/or the City of Port Angeles, or from both jointly. The notice shall describe the violation, approximate the date(s) of violation, and shall order the acts constituting the violation to cease and desist, or, in appropriate cases, require necessary correction action within a specific time. 7. Application for remission or mitigation: Any person incurring a penalty may apply in writing within 30 days of receipt of the penalty to the Director of Community and Economic Development for remission or mitigation of such penalty. Upon receipt of the application, the City of Port Angeles may remit or mitigate the penalty upon a demonstration of extraordinary circumstances, such as the presence of information or factors not considered in setting the original penalty. 8. Appeals: Orders and penalties issued pursuant to this subsection may be appealed as provided for in subsection 15.24.070.I. 9. Criminal penalties shall be imposed on any person who wilfully or negligently violates this chapter or who knowingly makes a false statement, representation, or certification in any application, record or other document filed or required to be maintained under this chapter; or who falsifies, Page 249 tampers with, or knowingly renders inaccurate any monitoring device, record or methodology required to be maintained pursuant to this chapter or pursuant to a wetland permit. (Ord. 2655 § 1 (part), 11/29/1991) 15.24.090 - Non-conforming activities. A regulated activity which was approved prior to the passage of this chapter and to which significant economic resources have been committed pursuant to such approval, but which is not in conformity with the provisions of this chapter, may be continued subject to the following: A. No such activity shall be expanded, changed, enlarged, or altered in any way that increases the extent of its non-conformity without a permit issued pursuant to the provisions of this chapter; B. Except for cases of discontinuance as part of normal agricultural practices, if a non-conforming activity is discontinued for 12 consecutive months, any resumption of the activity shall conform to this chapter; C. If a non-conforming use or activity is destroyed by human activities or an act of God, it shall not be resumed except in conformity with the provisions of this chapter; D. Activities or adjuncts thereof which are or become public nuisances shall not be entitled to continue as non-conforming activities. (Ord. 2655 § 1 (part), 11/29/1991) 15.24.100 - Judicial review. Any decision or order issued by the City of Port Angeles pursuant to this chapter, including decisions concerning denial, approval, or conditional approval of a wetland permit, may be judicially reviewed in the Clallam County Superior Court, provided that: A. Available administrative remedies, including appeals available pursuant to subsection 15.24.070I1, have been exhausted; and B. Such litigation is commenced within 21 days after service of such order or issuance of notice of such decision, as the case may be. Based on these proceedings and consistent with any decision of the court that is adverse to the City of Port Angeles, the City may elect to: 1. Institute negotiated purchase or condemnation proceedings to acquire an easement or fee interest in the applicant's land; 2. Approve the permit application with lesser restrictions or conditions; or 3. Other appropriate actions ordered by the court that fall within the jurisdiction of the City of Port Angeles. (Ord. 2990 § 2, 5/15/1998; Ord. 2655 § 1 (part), 11/29/1991) 15.24.110 - Amendments. These regulations and the maps used to identify wetland critical areas may from time to time be amended in accordance with the procedures and requirements in the general statutes and as new information concerning wetland location, soils, hydrology, flooding, or wetland plants and wildlife become available. Page 250 (Ord. 2655 § 1 (part), 11/29/1991) 15.24.120 - Assessment relief. The Assessor of Clallam County shall consider wetland regulations in determining the fair market value of land. Any owner of an undeveloped wetland who has dedicated an easement or entered into a perpetual conservation restriction with the City of Port Angeles or a non-profit organization to permanently control some or all regulated activities in the wetland shall have that portion of land assessed consistent with those restrictions. Such landowner shall also be exempted from special assessments on the controlled wetland to defray the cost of municipal improvements such as sanitary sewers, storm sewers, and water mains. (Ord. 2655 § 1 (part), 11/29/1991) CHAPTER 15.28 - CLEARING, GRADING, FILLING, AND DRAINAGE REGULATIONS 15.28.010 - Purpose. This chapter is adopted for the following purposes: A. To promote the public health, safety, and general welfare of the citizens and protect public and private resources of the City without preventing the reasonable use, development, and maintenance of land; B. To avoid or minimize impacts of clearing and grading as a component of land disturbance activities to adjacent and downstream public or private property; C. To encourage site development on public and private property, including clearing, excavation, and filling in such a manner as to minimize hazards to life, health, and property; D. To preserve and enhance the physical and aesthetic character of the City by preventing untimely and indiscriminate removal or destruction of trees and ground cover; E. To preserve, replace, or enhance the natural qualities of lands, watercourses, and aquatic resources, preserve and protect priority fish and wildlife habitats, minimize water quality degradation and the sedimentation of creeks, streams, ponds, lakes, wetlands, marine waters, and other water bodies, and preserve and enhance beneficial uses; F. To minimize surface water runoff and diversion which may contribute to flooding; G. To reduce siltation in City streams, lakes, storm sewer systems, and public roadside improvements; H. To reduce the risk of slides and the creation of unstable building sites; I. To promote building and site planning practices that are consistent with the City's natural topography, soils, and vegetative features while at the same time recognizing that certain factors such as disease, danger of fallings, proximity to existing and proposed structures and improvements, interference with utility services, protection of scenic views, and the realization of a reasonable enjoyment of property may require the removal of certain trees and ground cover; J. To ensure prompt development, restoration, and replanting and effective erosion control of property after land clearing and grading; K. To promote site development planning and building practices that provide for managing surface water runoff on-site and are consistent with the City's natural topography, vegetation cover, and hydrology; Page 251 L. To establish a City review process for potentially impactful land disturbing projects to ensure these regulations and goals are met. Notwithstanding the above-stated purposes, nothing in this chapter is intended to or shall be deemed to create a duty of the City to protect or promote the interests of any particular person or class of persons. Further, the existence of these regulations or any failure, refusal, or omission of the City to enforce any provision in this chapter is not intended to prevent, supplant, or affect the right of any person affected by the clearing, grading, filling, and/or drainage operations of another to invoke such private remedies as may be available against such other persons. (Ord. 3367 § 3, 8/15/2009; Ord. 2734, § 1, 1/15/1993) 15.28.020 - Definitions. In addition to definitions contained in Chapters 15.02 and 15.20, the following definitions shall apply. Where definitions exist in Chapters 15.02 and 15.20 and section 15.28.020, the definitions in section 15.28.020 shall apply. A. "Accelerated erosion" means any increase over the rate of natural erosion as a result of land- disturbing activity. B. "Approval" means, for the purposes of this chapter, approval by the City Engineer. C. "Buffer zone" means a parcel or strip of land that is required to permanently remain in an undisturbed and untouched condition and within which no building, clearing, grading, or filling is permitted, except for minor maintenance necessary to protect life and property. D. "Clearing" means the removal of trees, brush, grass, ground cover, or other vegetative matter from a site which exposes the earth's surface on the site or results in the loss of forested areas. E. "Clearing and grading permit" means the written permission of the City to the applicant to proceed with the act of clearing, grading, filling, and/or drainage which could disturb the land surface. F. "Director" means the Director of Public Works and Utilities or an authorized agent of the Public Works and Utilities Department. G. "Environmentally sensitive areas" include, but are not limited to, lands identified as environmentally sensitive areas, locally unique features, or critical areas by the City in accordance with the provisions of the State Environmental Policy Act and the Growth Management Act and section 15.20 of the Port Angeles Municipal Code. H. "Filling" means the act of transporting or placing (by any manner or mechanism) fill material from, to, or on any soil surface, natural vegetative covering of soil surface, or fill material (including temporary stockpile of material). I. "Grading" means any act which changes the grade or elevation of the ground surface and for the purposes of this chapter also includes the excavation and removal of earth material. J. "Impervious surface" means a hard surface area that either prevents or retards the entry of water into the soil mantle under natural conditions prior to development or that causes water to run off the surface in greater quantities or at an increased rate of flow from the flow present under natural conditions prior to development. Common impervious surfaces include, but are not limited to, roof tops, walkways, patios, driveways, parking lots or storage areas, concrete or asphalt paving, gravel roads, packed earthen materials, and oiled macadam or other surfaces which similarly impede the natural infiltration of stormwater. K. "Sedimentation" means the process of deposition of soil and organic particles displaced, transported, and deposited by erosive processes. L. "SWPPP" means Stormwater Pollution Protection Plan. Page 252 (Ord. 3367 § 3, 8/15/2009; Ord. 3179 § 5 (part), 12/17/2004; Ord. 3071 § 3 (part), 12/15/2000; Ord. 2734 § 1, 1/15/1993) 15.28.030 - Clearing and grading permit required. A. No person, corporation, or other legal entity shall make changes or cause changes to be made in the surface of any land by clearing, grading, filling, or drainage alteration in the City without having first obtained a valid clearing and grading permit from the City Engineer; except for those activities that are exempt as described in section 15.28.040. A clearing and grading permit is required prior to any of the following: 1. Any clearing, filling, excavation, or grading in an environmentally sensitive area, critical area, or critical area buffer. 2. Land disturbance of one acre 7,000 square feet or more. See the Urban Services Standards and Guidelines, Section 6.02.1 for sites under one acre. 3. Projects that result in 2,000 square feet or more of new plus replaced hard surfaces. 43.Fill and/or excavation of 100 cubic yards or more, even if the excavated material is used as fill on the same site. [Quantities of fill and excavation are calculated separately and then added together to determine the total quantity for the site.]* *Correction made to conform with Ordinance 3367. 54. Clearing or grading that will likely penetrate the groundwater table, including the construction of ponds and reservoirs. 65. An excavation which is more than five feet in depth or which creates a cut slope greater than five feet in depth or which creates a cut slope greater than five feet in height and steeper than two units horizontal in one unit vertical (2:1). 76. Any re-grading or paving on an area used for stormwater retention or detention or alteration of an existing drainage course. 87. Any proposal to remove a tree or reduce the live crown of any tree by more than 25%, in any five- year period, that is required to be preserved by City Code, plat condition, or other requirement. B. Permits are not transferable, unless approved in writing by the City Engineer. The transfer will only be approved when the new applicant has demonstrated that it can and has complied with the conditions of the permit. (Ord. 3516 § 3, 10/21/2014; Ord. 3367 § 3, 8/15/2009; Ord. 3071 § 3 (part), 12/15/2000; Ord. 2734 § 1, 1/15/1993) 15.28.040 - Permit exemptions. Written permit exemptions shall be issued by the City Engineer. The following shall be exempt from the permit requirements of this chapter, provided that the exemptions set forth below may not apply in situations where properties include environmentally sensitive areas. An exemption from a clearing and grading permit does not exempt the person doing the work from meeting all applicable federal, stat e, and local codes, standards, guidelines, regulations, and permit requirements: A. Land clearing, grading, filling, sandbagging, diking, ditching, or similar work during or after periods of extreme weather or other emergency conditions which have created situations such as flooding or high fire danger that present an immediate danger to life or property; B. Land clearing necessitated by order of the City Council related to the abatement of a public nuisance, where the work is administered by the City; Page 253 C. Work performed under the direction of the City Engineer within a public right-of-way or upon an easement, for the purpose of installing and maintaining water, stormwater, sanitary sewer, power, cable, or communication lines; D. Cemetery graves; E. Land disturbance that is less than one acre 7,000 square feet, except those sites meeting any of the conditions listed in 15.28.030 or where an adjacent area containing disturbed areas under the same ownership or chain of ownership has been similarly exempted so that the combined area is one acre 7,000 square feet or more and final site stabilization is not complete; F. If a building permit is issued, no additional clearing, grading, or filling permit or associated fee will be required. However, the standards established in the City's Urban Services Standards and Guidelines manual and by City ordinance shall be applied as a condition of said building permit; G. Forest practices regulated under RCW 76.09. (Activities involving conversion of land to uses other than commercial timber production are subject to clearing and grading regulations.) H. Refuse disposal sites controlled by other regulations. I. Mining, quarrying, excavation, processing, or stockpiling of rock, sand, gravel, aggregate, or clay where established and provided by law provided such operations do not affect the lateral support of or increase the stresses in or pressure upon any adjacent or contiguous property. J. Agricultural crop management of existing and ongoing farmed areas as defined per RCW 84.34.020. K. Routine landscape maintenance of existing landscaped areas on developed lots. L. Routine drainage maintenance of existing, constructed stormwater drainage facilities located outside of an environmentally sensitive or other protected area, including, but not limited to, detention/retention ponds, wet ponds, sediment ponds, constructed drainage swales , water quality treatment facilities, such as filtration systems and regional storm facilities that are necessary to preserve the water quality treatment and flow control functions of the facility. This exemption does not apply to any expansion or modification to existing excavated and constructed stormwater drainage facilities. M. Roadway repairs and overlays within a public street right-of-way for the purpose of maintaining the pavement, curbing, or sidewalk of existing paved roadways. (Ord. 3367 § 3, 8/15/2009; Ord. 3179 § 5 (part), 12/17/2004; Ord. 3071, § 3 (part), 12/15/2000; Ord. 2734, § 1, 1/15/1993) 15.28.050 - Permit application. An application for a clearing and grading permit shall be submitted on a form provided by the City and identifying the property and owner. Other information may be required by the City Engineer to carry out the provisions of this chapter. (Ord. 2734, § 1, 1/15/1993) 15.28.060 - Plans and specifications. Each application shall be accompanied by three sets of plans and specifications, including calculations. The City Engineer may require that the plans and specifications be prepared by an appropriate qualified professional who shall have his/her signature and stamp affixed to each set. The plans and specifications shall include the appropriate information as follows: Page 254 A. An accurate plan of the entire site as it exists at the time of the application, which includes: 1. All property lines; 2. Contours over the entire site (five-foot contour intervals are standard, but other intervals may be required in specific circumstances); 3. The date, basis, and datum of the contours; 4. A graphic representation of existing vegetation on the site designated by its common names, the amount of bare ground, and the amount and type of impervious material (rock and artificial); 5. The location of all existing drainage facilities, natural and man-made; 6. The location and estimated capacity of any areas which impound surface water; 7. The location and estimated discharge of all visible springs; 8. The location of all structures, utilities, and their appurtenances, including structures and utilities on adjacent properties when such information is reasonably available; 9. Date, north arrow, and adequate scale as approved by the City Engineer on all maps and plans; 10. Identification of and mitigation measures for on-site areas which are subject to severe erosion, and off-site areas which are especially vulnerable to damage from erosion and/or sedimentation. B. The proposed work schedule, which details the following: 1. Sequence for clearing, grading, filling, drainage alteration, and other land-disturbing activities; 2. On-site soil or earth material storage locations and source of import materials, and location of the site where spoils will be disposed; 3. Schedule for installation and removal of all interim erosion and sediment control measures, including vegetative measures; 4. Schedule for construction of final improvements, if any; 5. Schedule for the installation of required permanent erosion and sediment control devices; 6. An outline of the methods to be used in clearing vegetation and in storing and disposing of the cleared vegetative matter. C. An accurate finished grading plan of the entire site as it would appear after the completion of work covered by the permit, showing the following: 1. The finished contours achieved by grading (at the same intervals as the existing contours); 2. The boundaries of all areas to remain undisturbed, and identification and the location of all other vegetation shown on the plan that will remain after the completion of work; 3. Drainage and related facilities to be constructed with and as a part of the proposed work; 4. Boundaries of all areas where surface water runoff will be retained, detained, or infiltrated; 5. The method for discharging surface water off-site, including the provisions required to control the velocity and direction of discharge to protect downstream properties; 6. The location of building setback lines, and approximate limits of cuts and fills, including but not limited to foundations, retaining walls, and driveways; 7. Location and dimensions of environmentally sensitive areas and buffer zones and other areas to be maintained or established; Page 255 8. The location and description of proposed erosion and sedimentation control devices or structures and schedule of maintenance; 9. Off-site grading shall be noted on the plans, and a dated letter of permission from the property owner of the land affected shall be provided and noted on the plans. D. Construction Stormwater Pollution Prevention Plan (SWPPP) (Ord. 3367 § 3, 8/15/2009; Ord. 2734, § 1, 1/15/1993) 15.28.070 - Additional application information. The City Engineer may require the applicant to submit additional information when the submitted plans and specifications and associated information are not clear enough to allow for an adequate determination, or when special conditions are found to exist which require specific explanation. This additional information may include, but is not limited to, the following: A. Stormwater site plans, including all technical information and analysis, such as hHydrologic and hydraulic computations of expected stormwater runoff entering and leaving the site for pre- developedment and developed conditions; B. Engineering geology and soils reports as needed for hydrology, hydraulics, and erosion control design; C. Erosion and sediment control plan and supporting calculations; D. An engineer's cost estimate of the temporary drainage facilities and final erosion and sediment control when such information is necessary for bonding purposes; E. Inspection and maintenance agreement; F. Letters of permission: Off-site grading shall be supported by a dated letter of permission from the affected property owner(s); G. A copy of the Hydraulic Project Approval (HPA) issued by the Washington State Department of Fish and Wildlife, if an HPA is required. (Ord. 3367 § 3, 8/15/2009; Ord. 2734, § 1, 1/15/1993) 15.28.080 - Review criteria. The City Engineer shall review the permit application for compliance with all City ordinances, adopted standards, requested additional data, and the City Comprehensive Plan. (Ord. 3367 § 3, 8/15/2009; Ord. 2734, § 1, 1/15/1993) 15.28.090 - Standards. No land-disturbing activity subject to the control of this chapter shall be undertaken except in accordance with the following mandatory standards: A. Protection of property: Persons and entities conducting land-disturbing activities shall take all reasonable measures to protect all public and private property from damage caused by such activities. Page 256 B. Vegetation protection: Vegetation that is to be retained shall be delineated and clearly marked on the site plan by a biologist, landscape architect, and/or Certified Arborist. C. Wetland buffers: No land-disturbing activity shall be permitted in an approved wetland buffer, except as otherwise allowed by applicable laws and permits. D. Graded slopes and fills: The angle for graded slopes and fills shall be no greater than the angle which can be retained by vegetative cover or other adequate erosion control devices or structures. E. Ground cover: No land-disturbing activity shall be undertaken until installation of sufficient erosion and sediment control devices to retain the sediment generated by the activity within the boundaries of the tract during construction has been completed. Plantings or a permanent ground cover shall be provided immediately after completion of grading to sufficiently restrain erosion. F. Use of vegetative measures: Native plants shall be used for erosion and sediment control wherever feasible, rather than structural measures such as pipes, structures, or other devices. G. Critical areas: Construction within critical areas and critical area buffers shall be in compliance with Chapter 15.20 PAMC Environmentally Sensitive Areas Protection Ordinance and shall be subject to the review of the Director of Community and Economic Development. H. Removal of dead or diseased trees from environmentally sensitive areas or buffers is allowed provided that: 1. The applicant submits a report from a certified arborist, registered landscape architect, or professional forester or arborist that documents the hazard and provides a replanting schedule for the replacement of trees; 2. Tree cutting shall be limited to limbing and crown thinning, unless otherwise justified by a qualified professional. Where limbing or crown thinning is not sufficient to address the hazard, trees should be reduced in height to remove the hazard rather than cut at or near the base of the tree; 3. All cut vegetation (tree stems, branches, tops, etc.) shall be left within the environmentally sensitive area or buffer unless removal is warranted due to the potential for disease transmittal to other vegetation, or if the environmentally sensitive area is a steep slope or marine bluff. 4. The landowner shall replace any trees that are felled or topped in accordance with PAMC 11.13.050. with new trees at a ratio of two replacement trees for each tree felled or topped. (2:1) within one (1) year in accordance with an approved restoration plan. Tree species that are native and indigenous to the site with a minimum caliper of two inches shall be used for replacement; 5. If a tree to be removed provides critical habitat, such as an eagle perch, a qualified professional wildlife biologist shall be consulted to determine timing and methods or removal that will minimize impacts; and 6. Hazard trees determined to pose an imminent threat or danger to public health or safety, to public or private property, or serious environmental degradation may be removed or pruned by the landowner prior to receiving written approval from the City of Port Angeles provided that following such action, the landowner shall submit a clearing and grading permit application accompanied by a restoration plan that demonstrates compliance with the provisions of this title. (Ord. 3367 § 3, 8/15/2009; Ord. 3179 § 5 (part), 12/17/2004; Ord. 3071, § 3 (Part), 12/15/2000; Ord. 2734, § 1, 1/15/1993) 15.28.100 - Conditions. Page 257 In granting any clearing and grading permit, the City Engineer may attach conditions reasonably necessary to prevent erosion and sedimentation. Such conditions may include, but are not limited to, installing walls, swales, drains, retention facilities, or other structures, planting appropriate vegetation, installing erosion and sediment control measures or devices, furnishing necessary letters of permission and/or easements, and specifying method of performing the work. Such items must be identified on the approved grading, erosion, and sediment control or other required plans. In addition, the following shall be conditions of all permits: A. A construction stormwater pollution prevention plan (SWPPP) is required in conjunction with a clearing and grading permit for sites that result in 2,000 square feet or more of new plus replaced hard surface area, or which disturb 7,000 square feet or more of land disturb one acre of land or more. A temporary erosion and sediment control plan (TESCP) is required in conjunction with a clearing and grading permit for sites that disturb less than one acre of land. The SWPPP or TESCP shall meet all requirements as set forth in Chapter 6 of the current edition of the City of Port Angeles' Urban Services Standards and Guidelines and the Department of Ecology’s SWMMWW (2014), including any amendments or revisions thereto. A small project SWPPP is required for sites that result in 2,000 square feet or more, but less than 5,000 square feet, of new plus replaced hard surface area and less than 1 acre of land disturbance. A large project SWPPP is required for sites that result in 5,000 square feet or more of new plus replaced hard surface area or one acre of greater of land disturbance. B. Notify the City at least 48 hours before commencing any land-disturbing activity. C. Notify the City of completion of any control measures within 48 hours after their completion. D. Obtain written permission from the City Engineer prior to modification of any approved plans. E. Install all control measures as identified in the approved plans. F. Maintain all road drainage systems, stormwater drainage systems, LID BMPs, erosion control measures, and other facilities identified in the plans. G. Repair siltation or erosion damage to adjoining surfaces and drainage ways resulting from land disturbing activities. H. Inspect, maintain, install, modify, and/or repair the erosion construction control measures at least once each week during construction and after each runoff producing rain event (over a 24-hour period), and immediately make any needed repairs. BMPs as needed to assure the continued performance of their intended function. Inspections on projects that disturb one or more acres shall be conducted by a Certified Erosion and Sediment Control Lead (CESCL) and a written record of said inspections shall be kept on site at all times. Project site disturbing less than one acre may have a CESCL or a person without CESCL certification conduct inspections. The CESCL or inspector shall be identified in writing to the City and shall be present on-site or on-call at all times. I. Allow the City to enter the site for the purpose of inspecting compliance with the plans or for performing any work necessary to bring the site into compliance with the plans. J. Keep an up-to-date, approved copy of the plans on the site. K. Ensure that all workmanship and materials are in accordance with City standards and the most recent edition of the Washington State Department of Transportation (WSDOT) Standard Specifications for Road, Bridge, and Municipal Construction. (Ord. 3367 § 3, 8/15/2009; Ord. 2734, § 1, 1/15/1993) 15.28.110 - Maintenance responsibilities. Page 258 The permittee may be required to provide a maintenance schedule of constructed temporary private facilities and measures implemented pursuant to this chapter. The schedule shall set forth maintenance and inspection(s) to be completed, the time period for completion, and who shall perform the maintenance and inspection(s). The schedule shall be included with all required plans and permits and shall be recorded by the property owner or agent with the County Auditor so that maintenance and inspection responsibilities attach to the property and shall be the duty of the property owner(s). (Ord. 3516 § 4, 10/21/2014; Ord. 3367 § 3, 8/15/2009; Ord. 2734 § 1, 1/15/1993) 15.28.120 - Permit issuance—Expiration—Extension. A. A clearing and grading permit shall be issued only after compliance with the requirements of this chapter and the deposit with the City Treasurer of permit fees for plan review, inspection, and related expenses as required pursuant to PAMC 15.28.130 B. Any permit granted under this chapter shall expire one year from the date of issuance; provided, however, that the City Engineer may set specific limits to the permit if it is advisable to do so. With approval of the City Engineer, a permit may be extended for one 12-month period. (Ord. 3367 § 3, 8/15/2009; Ord. 2734 § 1, 1/15/1993) 15.28.130 - Permit fees. There shall be a non-refundable fee as set forth in Chapter 3.70 PAMC in the amount necessary to compensate the City for the expense of reviewing and processing plans, conducting inspections, providing for outside consulting services, and other services determined to be necessary for the administration and enforcement of the provisions of this chapter. Such fees shall only apply when plans or other documentation are required to be submitted with permit applications for grading and filling or clearing and drainage activity, and no building permit including such activities has been issued. The permit fee shall be paid at the time of submitting plans and other documentation for review. After approval of the plans and specifications, the City Engineer shall provide the applicant with an estimate of the construction inspection fee, based upon the inspections which will be necessary as listed in 15.28.160 PAMC. Such inspection fee shall be separate from the above plan review fees. A permit for construction will be issued only after the deposit of the inspection fee has been made with the City Treasurer. If the City Engineer determines that the remaining funds on deposit are not adequate to pay for the inspections required for project completion, the applicant will be so notified and provided with an estimate of the amount of additional fee deposit required. This additional fee shall be deposited with the City Treasurer prior to depletion of the funds on deposit. Any monies unexpended from the deposit shall be refunded to the depositor upon final completion and acceptance of the project. The basis of the estimate shall be as set forth in Chapter 3.70 PAMC. (Ord. 2932 § 37, 10/11/1996; Ord. 2734 § 1, 1/15/1993) 15.28.140 - Security. The City Engineer may require the applicant to furnish security in the form of a bond, cash escrow account, an irrevocable letter of credit, or other security which may be acceptable to t he City in its sole discretion, in an amount determined by the City Engineer to be sufficient to reimburse the City if it should be come necessary for the City to enter the property to correct hazardous conditions relating to soil stability, erosion, or environmental damage caused by failure to complete the work or improper action. (Ord. 2734 § 1, 1/15/1993) 15.28.150 - Insurance. Page 259 If, in the opinion of the City Engineer, the nature of the work is such that it may create a hazard to human life or endanger streams or public or private property, then the City Engineer may, before issuing the permit, require that the applicant file a certificate of insurance. The certificate must provide to the City satisfactory proof of the existence of a comprehensive liability insurance policy, in an amount and form determined necessary by the City Engineer or the City Attorney, but in no event providing coverage of less than $200,000.00 for personal injury to any one person, $500,000.00 for injury to more than one person arising out of the same incident, and $100,000.00 for property damage, against claims arising pursuant to permits issued under this chapter, whether the performance be by the applicant, a subcontractor of the applicant, or any person directly or indirectly employed by the applicant. Additional amounts of insurance may be required by the City Engineer in accordance with the nature of the risks involved. Insurance must be written by a company licensed to do business in the State of Washington. (Ord. 2734 § 1, 1/15/1993) 15.28.160 - Inspections. A. All projects which include clearing, grading, filling, or temporary drainage facilities shall be subject to inspection by the City Engineer or his designee, who shall be granted reasonable right of entry to the work site by the permittee. When required by the City Engineer, special inspection of the grading operations and special testing shall be performed by qualified professionals employed by the permittee. Inspections in conjunction with hydraulic permits will be performed and enforced by the Washington State Department of Fisheries or Wildlife. B. Each site that has approved grading, erosion and sediment control or other required plans must be inspected as necessary to ensure that the sediment control measures are installed and effectively maintained in compliance with the approved plan and permit requirements. Where applicable, the permittee must obtain inspection by the City at the following stages: 1. Prior to any clearing, grading, filling, drainage installations or construction (if the permitted development site has a high potential for sediment transport as determined through plan review); 21. Following the installation of sediment control measures or practices and prior to any other land- disturbing activity; 32. Following the establishment of any tree protection zone(s) and prior to any other land disturbing activity; 43. During the construction of sediment basins or stormwater management structures and permanent stormwater facilities; 5. During construction to verify proper installation and maintenance of required erosion and sediment controls. 64. During rough grading, including hauling of imported or wasted materials; 75. Prior to the removal or modification of any sediment control measure or facility; and 86. Upon completion of final grading, (including establishment of ground covers and planting, installation of all vegetative measures, and all other work in accordance with the approved plan or permit.), and prior to final approval or occupancy to ensure proper installation of permanent stormwater facilities. A maintenance plan for the permanent stormwater facility must be completed. C. The permittee may secure the services of an engineer, subject to the approval of the City Engineer, to inspect the construction of the facilities and provide the City with a fully documented certification that all construction is done in accordance with the provisions of the approved plan, applicable rules, regulations, permit conditions, and specifications. If inspection certification is provided to the City, then the normal inspections performed by the City for the permit may be Page 260 waived. In these cases, the City shall be notified at the required inspection points and may make spot inspections. Temporary BMPs shall be removed following site stabilization. (Ord. 3367 § 3, 8/15/2009; Ord. 2734, § 1, 1/15/1993) 15.28.170 - Suspension of permits. The City Engineer may suspend or revoke a permit or issue a stop work order, whenever he determines that: A. The act or intended act of clearing, grading, or filling has become or will constitute a hazard to persons; endangers property; adversely affects the safety, use or stability of any public way, drainage facility, stream or surface water, including siltation and sedimentation; B. The permittee has violated a provision of the permit or of this chapter or other City ordinances; C. There are changes in site runoff characteristics upon which a waiver was granted or permit was approved; D. Construction is not in accordance with the approved plans and specifications; E. Noncompliance with correction notice(s) or stop work order(s) issued for erosion or s ediment controls. (Ord. 2734, § 1, 1/15/1993) 15.28.180 - Completion of work. A. Construction changes. Whenever changes must be made to the approved plan, the changes shall be submitted to and approved by the City Engineer in advance of the construction of those changes. B. Final reports. Upon completion of the rough grading and at the final completion of the work, the City Engineer may require the following reports, drawings, and supplements thereto to be prepared and submitted by the owner and/or an appropriate qualified professional approved by the City Engineer: 1. An as-built grading plan, including original ground surface elevations, final surface elevations, lot drainage patterns, and locations and elevations of all surface and subsurface drainage facilities. 2. A soils grading and/or geologic grading report, including locations and elevations of field density tests and geologic features, summaries of field and other laboratory tests, and other substantiating data and comments or any other changes made during grading and their effect on the recommendations made in the approved grading plan. C. Notification of completion. The permittee or his/her agent shall notify the City Engineer when the grading operation is ready for final inspection. Final approval shall not be given until all work has been completed in accordance with the approved clearing and grading permit, including any conditions thereto, all approved plans, and any required reports have been submitted and accepted. (Ord. 3367 § 3, 8/15/2009; Ord. 2734, § 1, 1/15/1993) 15.28.190 - Posting of permit. No work shall commence until a valid permit has been posted by the applicant on the subject site at a conspicuous location. The permit shall remain posted until the project has been completed and final inspection approved. Page 261 (Ord. 3367 § 3, 8/15/2009; Ord. 2734, § 1, 1/15/1993) 15.28.200 - Administration and enforcement. The City Engineer is authorized and directed to administer and enforce the provisions of this chapter. For such purpose, he shall have the powers as detailed in PAMC 14.01.060 and may appoint such officers, inspectors, assistants, and other employees as may be necessary to carry out the duties and functions of his office and to provide technical data for plans and on-site follow-up inspections to assure implementation of required plans and specifications; except that enforcement of hydraulic permits shall be performed by the Washington State Department of Fish and Wildlife. (Ord. 3367 § 3, 8/15/2009; Ord. 2734, 1/15/1993) 15.28.210 - Appeals. Any person or persons aggrieved by any action of the City Engineer pursuant to the provisions of this chapter may file an appeal as set forth in section 18.08.130 PAMC. (Ord. 3367 § 3, 8/15/2009; Ord. 2734, 1/15/1993) 15.28.220 - Clearing and grading rules and guidelines. Clearing and grading and related storm water management and administrative rules and guidelines shall be developed, updated, administered, enforced, and may be appealed in the same manner as the Urban Services Standards and Guidelines as set forth in PAMC 18.08.130. These rules and regulations shall be filed with the City Clerk, and shall be made available to the general public. Such rules and guidelines shall apply to all clearing, grading, filling, and drainage activities in the City, including activities for which permits are required and activities which are exempt from the permit requirements of this chapter. (Ord. 2885, 9/15/1995, Ord. 2734, 1/15/1993) 15.28.230 - Other laws. A. Whenever conflicts exist between Federal, State, or local laws, ordinances, or rules, the more restrictive provision shall apply. B. Neither this chapter nor any administrative decision made under it: 1. Exempts the permittee from procuring other required permits or compliance with requirements and conditions of such a permit; or 2. Limits the right of any person to maintain against the permittee at any time, any appropriate action, at law or in equity, for relief from damages caused by the permittee arising from the permitted activity. (Ord. 3367 § 3, 8/15/2009; Ord. 2734, 1/15/1993) 15.28.240 - Removal of dirt, debris, or other material; sanctions. A. Whenever property damage is occurring or imminent as a result of an activity inconsistent with this chapter, as determined by the City Engineer, the offending person, company, or firm shall, after notice given by the City Engineer, take necessary action, as instructed by the City Engineer, to correct the situation. Page 262 B. If the person, company, or firm does not take the action ordered by the City Engineer, such offending party shall be guilty of a civil infraction punishable as set forth in section 15.28.260. In addition, the City Engineer may cause the debris and other materials to be cleaned up and/or the activity altered. All expenses of such work, including the costs of litigation, if necessary, and administrative costs shall be chargeable to the owner or other person having charge of or having ordered the activity. (Ord. 3367 § 3, 8/15/2009; Ord. 2734, 1/15/1993) 15.28.250 - Public nuisance. Any violation of the provisions of this chapter is declared to be a public nuisance and may be abated through proceedings for injunction or similar relief in superior court or other court of competent jurisdiction. (Ord. 2734, § 1, 1/15/1993) 15.28.260 - Penalty. Any person, firm, or corporation, violating 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 of the provisions of this chapter is committed, continued, or permitted. Each such offense shall be punishable by a maximum civil fine of $500.00. (Ord. 2734, 1/15/1993) Page 1 Title 16 - SUBDIVISIONS CHAPTER 16.04 - SHORT PLAT SUBDIVISION REGULATIONS 16.04.010 - Purpose and intent. The purpose of this chapter is to provide uniform regulations for the subdivision and resubdivision of land into four or less 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 of the City, to ensure orderly growth consistent with the desired urban design of the City, to promote effective and energy-efficient use of land, 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 adequate 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 of land subdivisions and conveyancing by accurate legal description, and to prevent the creation of public nuisances. (Ord. 3122 § 1 (part), 9/27/2002; Ord. 2880 § 1 (part), 8/25/1995; Ord. 2222 § 1, 8/11/1982) 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. 3122 § 1 (part), 9/27/2002; Ord. 2222 § 2, 8/11/1982) 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 and Economic Development Department or Department" means the Community and Economic Development Department of the City. D. "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. E. "Dedication" means the deliberate appropriation of land by an owner for public uses, reserving to the owner no other rights than such as are compatible with the full exercise and enjoyment 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 short plat showing the dedication thereon, and acceptance of the dedication by the City shall be evidenced by the approval of such final short plat. F. "Desired urban design of the City" means 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. Page 2 G. "Final short plat" means the final drawing of the short subdivision, containing all the elements and requirements set forth in this chapter. H. "Lot" means a fractional part of divided land with fixed boundaries. The term shall include tracts or parcels. I. "Planning Commission" means the Planning Commission of the City, as designated in Chapter 2.36 of this Code. J. "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. K. "Short subdivision" means the division or redivision of land into four or less lots, tracts, parcels, sites or divisions for the purpose of sale, lease or transfer of ownership. (Ord. 3122 § 1 (part), 9/27/2002; Ord. 2880 § 1 (part) 8/25/1995; Ord. 2222 § 3, 8/11/1982) 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 of this chapter. (Ord. 2880 § 1 (part) 8/25/1995; Ord. 2222 § 4, 8/11/1982) 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, § 1, 2/11/1994) 16.04.050 - Application forms. A. An application for approval of a preliminary short plat shall be submitted to the Community and Economic 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. If requested by the Department, the name, address and telephone number of t he owner(s) of all adjacent unplatted parcels. C. The application form shall be accompanied by six copies of the preliminary short plat, the application fee and, if applicable, a SEPA checklist. Page 3 D. The short subdivision application fee shall be as established by ordinance and set forth in Chapter 3.70 PAMC. No such fee shall be refundable after acceptance of an application by the Department. (Ord. 3122 § 1 (part), 9/27/2002; Ord. 2789 § 11, 1/1/1994; Ord. 2222 § 5, 8/11/1982) 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 100 feet, on eight and one-half by 11 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, and fire hydrants. (Ord. 2880 § 1 (part) 8/25/1995; Ord. 2222 § 6, 8/11/1982.) 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 that connects directly to an existing improved street and 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 PAMC 18.08.040 and 18.08.130, with the following exceptions: a. Streets may be established interior to sites within the Industrial Heavy (IH) zone without dedication as a public street. In all other respects, such streets must be developed and maintained to meet current street improvement standards. A note shall be placed on the final recording mylar that such street(s) shall be maintained to the above standards by the property owner(s). b. An exception from the right-of-way access requirements in this section shall be allowed for a single residential or commercial lot within a proposed short plat, provided that the following conditions are met: i. The single lot contains an existing habitable dwelling that abuts and is accessible by emergency vehicles over an existing 20-foot-wide all-weather street that does not meet City standards, and Page 4 ii. 1. all other lots in the short subdivision shall meet the right-of-way access standards of this section; or 2. all lots abut an improved private street that is otherwise built to City access standards but may not be a dedicated street. 2. Sidewalks and other planning features that assure safe walking conditions for students who 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 15 feet. 3. The minimum lot width is the horizontal distance between side lot lines measured at the front setback line, provided the average horizontal distance between side lot lines must also meet or exceed the minimum lot width required, and 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 lot, the front lot line and setbacks shall be determined during the short subdivision process, or, if not determined during short subdivision review, shall be determined by the Community and Economic Development Director. 5. a. Panhandle lots may be permitted if the original parcel has insufficient frontage width to provide each new lot with the minimum lot width as required by Title 17 for the underlying zone. b. Each such panhandle lot shall meet the following criteria: i. The panhandle shall have a minimum width of 20 feet and shall serve no more than one lot. ii. The required lot area width and depth shall not include any portion of the panhandle. iii. 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 80-foot diameter (without parking) or a minimum 90-foot diameter (with parking) asphaltic concrete or permeable pavement street or an alternative approved by the City consistent with the Urban Services Ordinance, the Port Angeles Urban Services Standards and Guidelines Manual, and the International* 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. *"Uniform Fire Code" updated to "International Fire Code" 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. Page 5 (Ord. No. 3441, § 3, 11-15-2011; Ord. 3331 § 1, 4/25/2008; Ord. 3280, 5/25/2007; Ord. 3122 § 1 (part), 9/27/2002; Ord. 3042 § 1 (part) 1/28/2000; Ord. 2948 § 2 (part) 2/14/1997; Ord. 2880 § 1 (part) 8/25/1995; Ord. 2865, 5/12/1995; Ord. 2631 § 1, 3/29/1991; Ord. 2222 § 7, 8/11/1982) 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 Community and Economic Development Department shall distribute the preliminary short plat to the following departments: 1. City Public Works and Utilities Department; 2. City Fire Department; 3. Clallam County Health Department if a septic tank and drain field is to be allowed; 4. Any other appropriate department or agency. B. Each department or agency shall review the preliminary short plat and return written recommendations for approval or disapproval of the preliminary short plat, and, if appropriate, proposed conditions for approval, to the Community and Economic Development Department within 20 calendar days. (Ord. 3122 § 1 (part), 9/27/2002; Ord. 2880 § 1 (part) 8/25/1995; Ord. 2222 § 8, 8/11/1982) 16.04.090 - Preliminary short plat—Requirements for approval. Prior to acting on the preliminary short plat, the Community and Economic 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 drains; and/or stormwater flow control, treatment, and LID BMPs/facilities must be adequate to serve the short subdivision as set forth in the Comprehensive Plan, the Port Angeles Urban Services Standards and Guidelines Manual, and Urban Services Ordinance development standards. LID approaches and facilities shall be incorporated to minimize stormwater runoff and impervious surface coverages, and to maximize retention of native vegetation. 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, Urban Services Ordinance, and the Urban Services Standards and Guidelines promulgated consistent with and pursuant to PAMC 18.08.040 and 18.08.130. 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 Comprehensive Plan, Urban Services Ordinance, and the Urban Services Standards and Guidelines promulgated consistent with and pursuant to PAMC 18.08.040 and 18.08.130. D. Sanitary sewer 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 comprehensive Plan, Urban Services Ordinance, and the Urban Services Standards and Guidelines promulgated consistent with and pursuant to PAMC 18.08.040 and 18.08.130, 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. Page 6 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 of this chapter. (Ord. 3122 § 1 (part), 9/27/2002; Ord. 2880 § 1 (part) 8/25/1995; Ord. 2222 § 9, 8/11/1982) 16.04.100 - Preliminary short plat—Approval—Conditions. A. Within 30 calendar days of receipt of the application, the Community and Economic Development Director shall determine if appropriate provisions for the public health, safety and general welfare of the 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. B. Based upon that determination, the Community and Economic Development Director shall approve, approve with conditions, or disapprove the preliminary short plat; or may return the preliminary short plat to the applicant for modification, if significant revisions of the preliminary short plat are required. C. The decision of the Community and Economic 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. 3122 § 1 (part), 9/27/2002; Ord. 2880 § 1 (part) 8/25/1995; Ord. 2222 § 10, 8/11/1982) 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 § 11, 8/11/1982) 16.04.120 - Appeals. A. Any person aggrieved by the decision of the Community and Economic Development Director under Section 16.04.100 may appeal the decision to the City Council. B. Appeals shall be submitted to the Community and Economic Development Department in writing within 14 days following the date of mailing the decision to the applicant. C. The City Council shall conduct an open record public hearings on the appeal, and may uphold, reverse, or modify the decision and shall set forth written findings of fact. D. The time period for considering administrative appeals shall not exceed 90 days for an open record appeal; provided, however, that parties to the appeal may agree to extend the time period. The Council's decision shall be final unless appealed to Clallam County Superior Court in accordance with PAMC 18.02.130. (Ord. 3136 § 1, 2/14/2003; Ord. 3122 § 1 (part), 9/27/2002; Ord. 2911 § 7, 3/29/1996; Ord. 2880 § 1 (part) 8/25/1995; Ord. 2222 § 12, 8/11/1982) 16.04.130 - Final short plat—Filing time limit. Page 7 A. Within five years of the Community and Economic Development Director's approval of a preliminary short plat, the applicant and/or property owner shall submit a final short plat to the Community and Economic 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. 3122 § 1 (part), 9/27/2002; Ord. 2880 § 1 (part) 8/25/1995; Ord. 2719 § 1, 11/13/1992; Ord. 2222 § 13, 8/11/1982) 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 PAMC 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 local access streets: a. In the RS-9 and RS-11 zones, local access streets 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 wide permeable pavement (pervious concrete or porous asphalt [preferred] or asphaltic concrete street with no on-street parking, drainage swales (ditches) as needed, and one four-foot wide pervious concrete (preferred) or cement concrete sidewalk (eight-foot wide path when an adopted bicycle route) for pedestrian traffic, which path shall be separated from the street by a ditch. All dead-end City streets in excess of 150 feet in length shall be permeable pavement (pervious concrete or porous asphalt [preferred]) or asphaltic concrete paved and provided with a turn-around consistent with the Urban Services Ordinance, the Port Angeles Urban Services Standards and Guidelines Manual, and the International* Fire Code. *"Uniform Fire Code" updated to "International Fire Code" b. In the RS-7 zone, local access streets 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 wide permeable pavement (pervious concrete or porous asphalt [preferred] or asphaltic concrete street with one three-foot wide shoulder, and one fivesix-foot wide shoulder for pedestrian traffic. All dead-end City streets in excess of 150 feet in length shall be permeable pavement (pervious concrete or porous asphalt [preferred] or asphaltic concrete paved and provided with a turn-around consistent with the Urban Services Ordinance, the Port Angeles Urban Services Standards and Guidelines Manual, and the International* Fire Code. *"Uniform Fire Code" updated to "International Fire Code" 2. Improvements to arterial streets: Page 8 a. In the RS-9 and RS-11 zones, arterial streets that front or will provide access to the lots or parcels being developed shall be improved to the minimum of 2024-foot wide permeable pavement (pervious concrete or porous asphalt [preferred] or asphaltic concrete street with no on-street parking, drainage swales (ditches) as needed, and one four-foot wide pervious concrete (preferred) or cement concrete sidewalk or other acceptable hard surface (eight-foot wide surface when on an adopted bicycle route) for pedestrian traffic, which path shall be separated from the street by a ditch. b. In the RS-7 zone, arterial streets that front or will provide access to the lots or parcels being developed shall be improved to the minimum City arterial street improvement standards. 3. EXCEPTION: The Public Works and 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. Drainage ditches, and/or culverts, and/or stormwater treatment and flow control BMPs/facilities shall be provided to address existing and anticipated stormwater run-off occurring on the site and/or within the City rights-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 and Utilities Department for the local access streets if the final street grade has not been previously established or accepted by the City. H. The subdivider shall execute an L.I.D. consent and non-protest agreement or other agreement acceptable to the City for street and utilities improvements on the local access streets whenever required improvements are less than the City's full development 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 PAMC 18.08.040 and 18.08.130. I. The subdivider shall provide all other public improvements as may be required and set forth in 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. 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 the final 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 International* 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. No. 3478, § 6, 5-21-2013; Ord. 3331 § 2, 4/25/2008; Ord. 3140 § 2, 5/16/2003; Ord. 3122 § 1 (part), 9/27/2002; Ord. 3042 § 1 (part) 1/28/2000; Ord. 2948 § 2 (part) 2/14/1997; Ord. 2920, 6/14/1996; Ord. 2909 § 1, 3/15/1996; Ord. 2880 § 1 (part) 8/25/1995; Ord. 2631 § 2, 3/29/1991; Ord. 2222 § 14, 8/11/1982) 16.04.150 - Plat occupancy. Page 9 If the developer of a plat elects to 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 completed to the satisfaction and approval of the City Engineer, building permits for the construction of houses within the plat will be issued to the developer subject to the following conditions: 1. The final plat must have received all required approvals and be recorded with the County Auditor. 2. No occupancy of any dwelling units will be allowed until all street and utility improvements have been completed and approved by the City Engineer. (Ord. 3136 § 2, 2/14/2003; Ord. 3122 § 1 (part), 9/27/2002; Ord. 2880 § 1 (part) 8/25/1995; Ord. 2222 § 15, 8/11/1982) 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 18-inch by 24-four inch permanent reproducible mylar, and shall be at a scale of not less than 100 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 of the 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 Community and Economic Development Director; Page 10 b. The Public Works and 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. If improvements 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. 3122 § 1 (part), 9/27/2002; Ord. 2948 § 2 (part) 2/14/1997; Ord. 2909 § 2, 3/15/1995; Ord. 2880 § 1 (part) 8/25/1995; Ord. 2391 § 1, 5/30/1986; Ord. 2222 § 16, 8/11/1982) 16.04.170 - Final short plat—Routing for review. A. Upon receipt of a final short plat, the Community and Economic Development Department shall circulate the final short plat to the following departments: 1. Public Works and Utilities Department; 2. Fire Department. B. If the final short plat complies with the requirements of this chapter and the approved preliminary short plat, the department 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 department shall so notify the Community and Economic Development Director in writing. (Ord. 3122 § 1 (part), 9/27/2002; Ord. 2391 § 2, 5/30/1986; Ord. 2222 § 17, 8/11/1982) 16.04.180 - Final short plat—Final approval procedure. A. Within 30 calendar days of receipt of the proposed final short plat, the Community and Economic 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 and 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. If the Community and Economic Development Director is satisfied that all of the 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 of these 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 Community and Economic Development Director's decision shall be made in accordance with Section 16.04.120. (Ord. 3122 § 1 (part), 9/27/2002; Ord. 2880 § 1 (part) 8/25/1995; Ord. 2222 § 18, 8/11/1982) Page 11 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 of the date of the Community and Economic 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 Community and Economic Development Department within ten calendar days of filing. (Ord. 3122 § 1 (part), 9/27/2002; Ord. 2222 § 19, 8/11/1982) 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 § 1, 1/29/1993; Ord. 2222 § 20, 8/11/1982) 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 subject to PAMC 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 plat is recorded. (Ord. 3122 § 1 (part), 9/27/2002) 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, firm, 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. 2222 § 21, 8/11/1982) 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 of land 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 $500.00 or 90 days in jail. Page 12 (Ord. 2222 § 22, 8/11/1982) CHAPTER 16.08 - SUBDIVISION REGULATIONS 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 of land 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 of the City, to ensure orderly growth consistent with the desired urban design of the City, to promote effective and energy-efficient use of land, 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 adequate 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 of land subdivisions and conveyancing by accurate legal description, and to prevent the creation of public nuisances. B. Intent. It is the intent of these regulations to provide the minimum controls required to ensure that all platting and subdivision of land in the City of Port Angeles shall be in the public interest and shall m eet minimum standards of public health and public safety. (Ord. 3122 § 2 (part), 9/27/2002; Ord. 2880 § 2 (part) 8/25/1995; Ord. 1631 § 1, 11/14/1967) 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. 3122 § 2 (part), 9/27/2002; Ord. 1631 § 2, 11/14/1967) 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, vegetation within LID facilities, 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 Page 13 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 and Economic Development Department or Department. The City of Port Angeles Community and Economic Development Department. F. 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 Comprehensive Water Plan and the Comprehensive Parks Plan. G. Council. Port Angeles City Council. H. Crosswalk-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. I. Cul-de-sac - (court or dead 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 of land by an owner for public uses, reserving to the owner no other rights than such as are compatible with the full exercise and enjoyment 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 of the 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. L. 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. Final plat. The final drawing of the subdivision and dedication prepared for filing for record with the County Auditor and containing all elements and requirements set forth in this chapter. N. Improvements. Streets, with or without curb or gutter, sidewalks, crosswalk-ways, water mains, sanitary and storm sewers, street trees, power and other appropriate items. O. Lot. A portion of a subdivision or other parcel of land intended as a unit for transfer of ownership or for development. P. 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. Q. 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 much more direct service to abutting land uses than principal arterials. R. Owner. A person, firm, association, partnership, private corporation, public or quasi-public corporation, or any combination thereof. S. Panhandle lot. A lot which has its primary legal access from the street through a narrow strip of land called the panhandle. T. 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. Page 14 U. 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. V. 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. W. 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. X. Street. A right-of-way, dedicated to public use, which provides vehicular and pedestrian access to adjacent properties. Z. Subdivider - developer. A person who undertakes the subdividing or 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. Y. Subdivision. The division or redivision of land into five or more lots, tracts, parcels, sites, or division for the purpose of sale, lease, or transfer of ownership. (Ord. 3331 § 3, 4/25/2008; Ord. 3155 § 2, 1/30/2004; Ord. 3122 § 2 (part), 9/27/2002; Ord. 2880 § 2 (part) 8/25/1995; Ord. 1631 § 3, 11/14/1967) 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 § 2 (part) 8/25/1995) 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 § 2 (part) 8/25/1995) 16.08.050 - Procedure. A. Preliminary steps. The developer shall submit a sketch of a proposed subdivision of land to the Community and Economic Development Department for review prior to submittal of the preliminary plat. B. Preliminary approval. The developer or his surveyor shall then transmit six (or more if required) copies of the preliminary plat, together with a filing fee, to the Community and Economic Development Department. The amount of the filing fee shall be as established by ordinance and set forth in Chapter 3.70 PAMC. The Community and Economic 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 Community and Economic Development Department at least 30 days prior to the public hearing of the Planning Commission. Page 15 Notice of the public hearing on a proposed plat or subdivision shall be posted by the developer in a conspicuous place on or adjacent 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 departments, and shall recommend either approval or denial thereon to the City Council. Within a period of 90 days after a preliminary plat has been submitted to the Community and Economic Development Department and other affected agencies, the City Council shall either approve or disapprove the proposed preliminary plat. The 90 days time period may be extended with the consent of the applicant. If an environmental impact statement is required, the 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 Community and Economic Development Department shall notify the developer regarding changes required and the type and extent of improvements to be made. A copy of the 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 percent of the cost of the 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 be removed therefrom without prior written approval of the City, and shall further provide that, if the improvements are not installed within the time limitations set by the City Engineer, or not installed 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 Community and Economic Development Department stating that the developer has completed the required improvements in accordance with PAMC 16.08.070 and with required installation standards. C. Final approval. 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 Department of Community and Economic Development 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 four prints of the final plat and other required exhibits, including a filing fee, to the Department of Community and Economic Development. The amount of the fee shall be set by ordinance of the City Council and may be amended or changed by ordinance from time to time. Page 16 Staff shall review the final plat submittal to determine its completeness and shall determine whether the plat conforms with the approved preliminary plat, the provisions of the Comprehensive Plan, the Zoning Code and other land use regulations, the City's Urban Services Standards and Guidelines, and these Subdivision Regulations. If the final plat is determined to be complete by staff, the Community and Economic Development Department staff shall make its recommendation to the City Council. Following a recommendation of approval of the final plat, the Community and Economic 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, Community and Economic Development Director, and City Attorney on the Final tracing and shall submit the tracing of the fnal plat to the City Council for approval and signature by the Mayor. The City Council shall act upon the final plat at a public meeting within 30 days of receipt of such a plat that has been deemed complete by City staff. The 30-day limit may be extended from the date of the final plat being filed with the Community and Economic Development Department with the consent of the applicant. The developer shall have the final plat recorded within 30 days after the date the fnal plat is approved by the City Council. Within 30 days after recording, the developer shall obtain and provide to the Community and Economic Development Department a mylar or equivalent duplicate of the final recorded plat. D. Approval and review of preliminary and final plats. When a proposed plat or subdivision is situated adjacent to the right-of-way of state highways, said plat or subdivision shall be submitted to the Director of Highways. Approval by the City shall be withheld until said Director or his assistant has made a report to the City. When a proposed plat, subdivision or dedication is adjacent to unincorporated territory notice of such proposed plat shall be given to the Clallam County Planning Commission. Any decision by the City Council approving or refusing to approve a plat or subdivision shall be reviewable for arbitrary, capricious or corrupt action or non-action, by petition before the Superior Court of Clallam County, by any aggrieved property owner of the county having jurisdiction thereof. Provided, that due application for petition shall be made to such court within 21 days from the date of any decision so to be reviewed. (Ord. No. 3441, § 4, 11-15-2011; Ord. 3214, 9/16/2005; Ord. 3122 § 2 (part), 9/27/2002; Ord. 3042 § 2 (part) 1/28/2000; Ord. 3007 § 4, 1/15/1999; Ord. 2990 § 3, 5/15/1998; Ord. 2880 § 2 (part) 8/25/1995; Ord. 2789 § 12 1/1/1994; Ord. 2743 § 1, 1/29/1993; Ord. 2719 § 2, 11/13/1992; Ord. 2143 § 2, 5/31/1981; Ord. 2034 § 1, 7/16/1979; Ord. 1631 § 4, 11/14/1967) 16.08.060 - Standards and policies. A. General standards. If a proposed street and/or lot pattern for any zone in Port Angeles has been made by the City Council or the Planning Commission, the street layout of any new plat submitted shall be in general conformance to said pattern or plan. Otherwise proposed streets in new subdivisions shall conform to the Comprehensive Plan, the Urban Services Ordinance, the Urban Services Standards and Guidelines promulgated consistent with and pursuant to PAMC 18.08.040 and 18.08.130, and the standards and requirements of this chapter. No territory proposed to be subdivided shall be a part of, nor encroach upon, any area designated in the Comprehensive Plan for future public facilities. No plan for the platting, replatting, subdivision, or dedication of any area shall be approved by the City unless each lot shall abut on a dedicated, improved, and maintained City street and such street shall connect directly to an existing improved street that meets current street improvement standards as set forth Page 17 in 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. If any existing rights-of-way abutting the property being subdivided do 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 PAMC 18.08.040 and 18.08.130. Where the Comprehensive Plan or the City's official street plan indicates the necessity of a new right-of-way of a required width or portion thereof for street purposes, whether within a new plat or new subdivision, or along the boundaries of a new plat, new subdivision or new lot, such required right-of-way or portion thereof shall be dedicated to the City of Port Angeles by the filing of a plat. The area of a cemetery in one unit shall be not more than 80 acres, which may or can be s urrounded by streets and highways. If the area of a cemetery is intersected or cut by dedicated or unplatted streets the areas on opposite sides of said streets shall form and be considered separate units. Sidewalks, pedestrian walkways, and other planning features intended to 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, 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 subdividers shall be prepared to present evidence to this effect when requested by the 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 of land 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; (3) 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 recommend denial 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 Community and Economic Development Director. C. Streets. 1. The arrangement, character, extent, width, grade and location of all streets shall conform with the Comprehensive Plan, 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 Page 18 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 roads. 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 streets in the surrounding area; or shall conform to a street plan for the neighborhood, approved by the City, to meet a particular situation where topographic or other conditions make continuance or conformance to existing streets impracticable. This shall also apply to cluster subdivisions. 3. If a street plan for an area has been made by the City, 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 larger in area than twice the minimum lot size, the 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. Where a proposed subdivision abuts or contains an existing or proposed arterial street or is adjacent to an existing or planned business, commercial or industrial district, the 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. 7. Where a subdivision borders or contains a railroad or limited access highway right-of-way, the 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. Streets shall be laid out so as to intersect as nearly as possible at right angles. Acute angle intersection shall be avoided. 9. There shall be no reserve strips controlling access to roads, except where the control of such strips is definitely placed with the City under conditions approved by the Commission. 10. Sidewalks, pedestrian walkways, and other planning features intended to 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 of the topography and other environmental constraints, needs for convenient access, circulation, control and safety of vehicular and pedestrian traffic, and the desired urban design of the City. 2. Where the local access streets follow a grid system, the width of blocks shall be sufficient for two tiers of lots, unless existing conditions are such, in the judgment of the 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 judgment of the City, will render such allowances undesirable or impractical. 4. For residential subdivisions, where frontage is on an arterial, the short dimension of the block should front the arterial. 5. Pedestrian crosswalk and sidewalks shall be required where deemed essential to provide circulation or access to schools, playgrounds and parks, shopping areas, arterial streets and trails, and other community facilities. Page 19 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 systems 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 three times its width. 3. Corner 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 land shall provide, by means of a public street, each lot with 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 arterial streets or to overcome specific disadvantages of topography 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 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 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 City may require the dedication or reservation of such area within the subdivision in those cases in which the City deems such requirement to be reasonable. 2. Where deemed essential by the City due to the location of the subdivision and upon consideration of the particular type of development proposed in the subdivision, and especially in subdivisions of 30 lots or more, the 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 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 Public Works and Utilities Department. I. Dimensional standards. Variations from and exceptions to the following standards may be made by the City, where topographic or other existing conditions make adherence to these regulations impractical. Page 20 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 1,200 feet. 2. Minimum length of all blocks shall be approximately 500 feet. 3. Crosswalks may be required near the middle of all blocks longer than approximately 800 feet. 4. Minimum width of all blocks with two tiers of lots (plus width of alley, if any), shall be 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. N. Standard pipe size. The size of water, sanitary sewer, and storm drainage pipes shall be as set forth in the Comprehensive Plan, Urban Services Ordinance, the Urban Services Standards and Guidelines promulgated consistent with and pursuant to PAMC 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 freestanding sign no larger than 24 square feet in area shall be permitted for identification of the subdivision. The sign shall be placed in a location in conformance with the development standards of a particular zone. (Ord. 3122 § 2 (part), 9/27/2002; Ord. 3042 § 2 (part) 1/28/2000; Ord. 2977 § 2, 12/26/1997; Ord. 2948 § 3 (part) 2/14/1997; Ord. 2880 § 2 (part) 8/25/1995; Ord. 2795 § 1, 2/11/1994; Ord. 2743 § 2, 1/29/1993; Ord. 2732 § 16, 12/25/1992; Ord. 1881 § 1, 6/23/1976; Ord. 1631 § 5, 11/14/1967) 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 200 feet to one inch. Data required for the preliminary plat shall include the following information, unless otherwise specified by the City: 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 adjacent to the proposed subdivision. 3. Approximate location and size of all utilities (water mains, sewers, etc.) on an adjacent to the proposed subdivision. 4. Contours, based on City adopted vertical datum, shall have intervals of not more than five feet for slopes of ten percent or more and not more than two feet for slopes of ten percent 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. Page 21 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 of the proposed lots. 12. Ownership of unsubdivided 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. 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 sensitive areas protection ordinance compliance (when required). 19. Affidavits of posting and publication. B. Subdivision improvements required. All street and utility improvements must be designed to comply with the current WSDOT 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 for 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. 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, 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. E. Parks. Parks and recreation shall be provided consistent 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. Page 22 F. Streetscape improvements. 1. Street trees. Street trees shall be planted within a planting strip or within LID facilities in the right- of-way of arterial streets. Proposed locations and species to be used shall be submitted for review and approval by the City. The City can assist the subdivider in location of trees and species to use under varying conditions. Street trees are a protection against excessive heat and glare, enhance the attractiveness and value of abutting property, and reduce the amount of stormwater runoff. G. Required data for approval of final plat. The final plat shall be an 18-inch by 24-inch permanent reproducible, and shall be at a scale of not less than 200 feet to one inch. A reduced copy no larger than 11-inch by 17-inch 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 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 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 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 (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 and survey. 15. Certificate by owner(s) containing the legal description of the land to be platted and dedicating roads, rights-of-way, easements and any sites 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, Community and Economic 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. Page 23 19. If improvements are to be 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." (Ord. No. 3441, § 4, 11-15-2011; Ord. 3122 § 2 (part), 9/27/2002; Ord. 3042 § 2 (part) 1/28/2000; Ord. 2948 § 3 (part) 2/14/1997; Ord. 2909 § 3, 3/29/1996; Ord. 2880 § 2, 8/25/1995; Ord. 2743 § 3, 1/29/1993; Ord. 2045 § 1, 10/27/1979; Ord. 1966 § 2, 4/29/1978; Ord. 1631 § 6, 11/14/1967) 16.08.080 - Variances and modifications. Where the 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 City through a Planned Residential Development which in the judgment 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 City may require such conditions as, in its judgment, will secure substantially the objectives of the standards or requirements so varied or modified. (Ord. 3122 § 2 (part), 9/27/2002; Ord. 2880 § 2, 8/25/1995; Ord. 1631 § 7, 11/14/1967) 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, 8/25/1995; Ord. 1631 § 8, 11/14/1967) 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 on the recording of the final plat containing the lot, tract, or parcel under this chapter, the offer or agreement is not subject to PAMC 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. (Ord. 3122 § 2 (part), 9/27/2002) 16.08.100 - Enforcement and penalties. Within any 12-month period of time, any person, firm or corporation that has platted, subdivided or divided any parcel of land or property in two or more lots or tracts, each of which is five acres or less in area, for the purpose of providing building sites, and has failed to comply with the provisions of these Regulations, Page 24 shall be subject to a fine not to exceed $100.00 for each lot or tract, or imprisonment in jail for a period not to exceed 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 $100.00 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 Community and Economic Development Department shall refer violations to the City Attorney for appropriate action to enforce these penalties. (Ord. 3122 § 2 (part), 9/27/2002; Ord. 2880 § 2, 8/25/1995; Ord. 1631 § 9, 11/14/1967) 16.08.110 - Plat occupancy. If the developer of a plat elects to 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 to the developer subject to the following conditions: 1. The final plat must have received all required approvals and be recorded with the County Auditor. 2. No occupancy of any dwelling units will be allowed until all street and utility improvements have been completed and approved by the City Engineer. (Ord. 3122 § 2 (part), 9/27/2002; Ord. 2880 § 2, 8/25/1995; Ord. 1966 § 1, 4/29/1978) CHAPTER 16.10 - BINDING SITE IMPROVEMENT PLAN 16.10.010 - Purpose. 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. (Ord. 3003 § 1 (part), 12/25/1998) 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 Page 25 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 industrial centers. C. Integrated site. "Integrated site" means one or more parcels of land operated as a single development site for the purposes of shared facilities and common management. (Ord. 3003 § 1 (part), 12/25/1998) 16.10.020 - Application. The following items are required, in quantities specified by the Community and Economic 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 (SEPA) 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 100 feet, on eight and one-half 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 unplatted 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 of 20 percent or greater and drainage or other watercourses) on the site. F. A list of owners of adjacent property printed or typed on one inch by 25/8-inch 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 of the method of common management of shared facilities. Page 26 (Ord. 3122 § 3 (part), 9/27/2002; Ord. 3003 § 1 (part), 12/25/1998) 16.10.030 - Review procedures. A. Prior to submittal of a BSIP application for consideration, the applicant is encouraged to meet with representatives of the Community and Economic Development Department, Public Works and 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 of the discussions shall be interpreted as a commitment by the City or the applicant. B. Review of proposals under five acres in size shall be done administratively by the Community and Economic Development Department. Review of proposals exceeding five 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 15 days prior to the date of the public hearing, the applicant shall cause notice of the time, place and purpose of the hearing to be posted on the site in a conspicuous manner in the form of a brightly colored notice on a self-standing sign as provided by the Community and Economic Development Department or in such other form as the Community and Economic Development Department may direct. The applicant shall file with the Community and Economic 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 15 days prior to the date of the public hearing, the Community and Economic 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 of the site as shown by the records of the County Assessor. The applicant shall provide the Community and Economic Development Department with mailing labels for each such property owner. D. An environmental determination shall be rendered by the SEPA Responsible Official prior to final action on the preliminary BSIP application. (Ord. 3122 § 3 (part), 9/27/2002; Ord. 3003 § 1 (part), 12/25/1998) 16.10.040 - Standards and criteria. Prior to approval of a 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, 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. 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 corners 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, and the Urban Services Standards and Guidelines promulgated consistent with and pursuant to PAMC 18.08.040 and 18.08.130. Page 27 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 PAMC, as now enacted or hereafter amended, and PAMC 16.04.070. 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. I. Appropriate easements and maintenance agreements for shared facilities, 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 or leasehold 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/Grading/Filling Ordinances. Land that contains environmentally sensitive and critical areas shall onl y 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. 3122 § 3 (part), 9/27/2002; Ord. 3003 § 1 (part), 12/25/1998) 16.10.050 - Preliminary approval. A. The Community and Economic Development Director or Planning Commission shall approve, approve with conditions, or deny the BSIP within the time requirements of Chapter 18.02 PAMC. Said preliminary decision shall be in writing and shall set forth findings of fact supporting the decision. Page 28 B. Preliminary approval or approval with conditions shall authorize the applicant to proceed with preparation of the final BSIP. (Ord. 3122 § 3 (part), 9/27/2002; Ord. 3003 § 1 (part), 12/25/1998) 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 Community and Economic 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 Community and Economic Development Director, Public Works and Utilities Director, 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 Community and Economic 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 Community and Economic 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. 3122 § 3 (part), 9/27/2002; Ord. 3003 § 1 (part), 12/25/1998) 16.10.070 - 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 § 1 (part), 12/25/1998) 16.10.080 - Time limitations. If no specific BSIP has been approved within five years of the date of preliminary approval, preliminary approval will expire. The applicant may obtain an extension of the BSIP not to exceed two years by fili ng a written request with the Community and Economic Development Department prior to the expiration of the five-year period. (Ord. 3122 § 3 (part), /27/2002; Ord. 3003 § 1 (part), 12/25/1998) 16.10.090 - Revisions. Alteration of an approved and recorded BSIP shall be accomplished by application to the Community and Economic Development Department and shall be subject to all procedures and requirements established in this chapter. Page 29 (Ord. 3122 § 3 (part), 9/27/2002; Ord. 3003 § 1 (part), 12/25/1998) 16.10.100 - Appeals. A. Any person aggrieved by the decision of the Community and Economic Development Director or the Planning Commission may appeal the decision to the City Council. B. Appeals shall be submitted to the Community and Economic Development Department in writing within 14 days following the date of mailing of the 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 conduct an open record public hearing on the appeal, and may uphold, reverse, or modify the decision and shall set forth written findings of fact. D. The time period for considering administrative appeals shall not exceed 90 days for an open record appeal; provided, however, that parties to the appeal may agree to extend the time period. The Council's decision shall be final unless appealed to Clallam County Superior court in accordance with PAMC 18.02.130. (Ord. 3137 § 3, 2/24/2003; Ord. 3122 § 3 (part), 9/27/2002; Ord. 3003 § 1 (part), 12/25/1998) 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 PAMC 1.24.010. (Ord. 3003 § 1 (part), 12/25/1998) CHAPTER 16.12 - BOUNDARY LINE ADJUSTMENTS 16.12.010 - Purpose and intent. The purpose of this 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), 1/17/1992) 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 of the State of Washington. (Ord. 2669 § 1 (part), 1/17/1992) 16.12.030 - Definition. Page 30 A boundary line adjustment is defined as a division of land made for the purpose of alteration by adjusting boundary lines, between planned or unplatted 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 and may be accomplished in nonconforming situations when the degree of nonconformity is not increased. (Ord. 3136 § 4, 2/24/2003; Ord. 2669 § 1 (part), 1/17/1992) 16.12.040 - Reserved. Editor's note— Ord. No. 3441, § 5, adopted November 15, 2011, repealed § 16.12.040, which pertained to scope. See also the Code Comparative Table and Disposition List. 16.12.050 - Application. Application for a boundary line adjustment shall be made to the Community and Economic Development Department. The application form shall be made available at the Community and Economic Development Department. The application shall include the signatures of all property owners affected by the adjustment. In addition, an 18-inch by 22-inch drawing, drawn to scale, shall be provided with the following information: A. Existing and adjusted property lines shown as solid lines; 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. 3122 § 4 (part), 9/27/2002; Ord. 2669 § 1 (part), 1/17/1992) 16.12.060 - Community and Economic Development Department decision. The Community and Economic 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, lots, or other factors 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 PAMC, with respect to configuration and access to public streets; or if the existing lots do not meet these requirements, the adjusted lots shall not increase the degree of nonconformity. The Community and Economic Development Department shall take action on the request within 20 working days from when the application is deemed complete. The applicant shall be notified in writing of the action. Page 31 (Ord. 3136 § 5, 2/24/2003; Ord. 3122 § 4 (part), 9/27/2002; Ord. 2669 § 1 (part), 1/17/1992) 16.12.070 - Recording. A. A survey shall be prepared and recorded with the County Auditor's Office on an 18-inch by 22-inch reproducible mylar. Full surveys are not required for boundary line adjustments when a single property line is involved. The mylar shall show property lines and dimensions, showing the new corners 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 Community and Economic Development Director and Public Works and Utilities Director. A copy of the recorded survey shall be provided to the Community and Economic Development 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, tracts, parcels, or division. Rather, the land described herein shall merge or be integrated into abutting property presently owned by the grantee(s)." (Ord. 3136 § 6, 2/24/2003; Ord. 3122 § 4 (part), 9/27/2002; Ord. 2948 § 4 2/14/1997; Ord. 2669 § 1 (part), 1/17/1992) 16.12.080 - Appeals. A. Any person aggrieved by the Decision of the Community and Economic Development Director under PAMC 16.12.050 may appeal the decision to the City Council. B. Appeals shall be submitted to the Community and Economic Development Department in writing within 14 days following the date of mailing the decision to the applicant. C. The City Council shall conduct an open record public hearing on the appeal and uphold, reverse, or modify the decision and shall set forth written findings of fact. D. The time period for considering administrative appeals shall not exceed 90 days for an open record appeal; provided, however, that parties to the appeal may agree to extend the time period. The Council's decision shall be final unless appealed to Clallam County Superior Court in accordance with PAMC 18.02.130. (Ord. 3136 § 7, 2/24/2003; Ord. 3122 § 4 (part), 9/27/2002; Ord. 2669 § 1 (part), 1/17/1992) Page 1 Title 17 - ZONING CHAPTER 17.01 - PURPOSE AND SCOPE 17.01.010 - Purpose. This Zoning Code is adopted for the following purposes: A. To implement the requirements of the State Growth Management Act of 1990 through the goals, policies, and objectives of the Port Angeles Comprehensive Plan by dividing the City into zones restricting and regulating therein the location, construction, reconstruction, alteration, and use of buildings, structures and land for residential, business, commercial, manufacturing, public, and other specified uses. (Ord. 3123 § 1 (part), 10/11/2002; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2668 § 1 (part), 1/17/1992; Ord. 1709 § 1 (part), 12/22/1970.) B. To protect the character and maintain the stability of residential, commercial, manufacturing, and public areas within the City, and to promote the orderly and appropriate development of such areas. (Ord. 2861 § 1 (part), 3/17/1995; Ord. 2668 § 1 (part), 1/17/1992; Ord. 1709 § 1 (part), 12/22/1970) 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 ac cess to property. (Ord. 2861 § 1 (part), 3/17/1995; Ord. 2668 § 1 (part), 1/17/1992; Ord. 1709 § 1 (part), 12/22/1970) 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 § 1 (part), 3/17/1995) 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), 3/17/1995; Ord. 2668 § 1 (part), 1/17/1992; Ord. 1709 § 1 (part), 12/22/1970) 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), 3/17/1995; Ord. 2668 § 1 (part), 1/17/1992; Ord. 1709 § 1 (part), 12/22/1970) G. To prevent the overcrowding of land and undue concentration of structures and to preserve existing unusual, unique, and interesting features of the natural landscape so far as is possible and appropriate in each zone by regulating the use and the bulk of buildings in relation to the land surrounding them. (Ord. 2861 § 1 (part), 3/17/1995; Ord. 2668 § 1 (part), 1/17/1992; Ord. 1709 § 1 (part), 12/22/1970) Page 2 H. To provide protection from fire, explosion, noxious fumes, and other hazards and to maintain the quality of life in the interest of public health, safety, comfort, and general welfare by establishing minimum level of service standards throughout the City. (Ord. 2861 § 1 (part), 3/17/1995; Ord. 2668 § 1 (part), 1/17/1992; Ord. 1709 § 1 (part), 12/22/1970) I. To prevent such additions to, and alteration or remodeling of, existing buildings or structures as would not comply with the restrictions and limitations imposed hereunder. (Ord. 2861 § 1 (part), 3/17/1995; Ord. 2668 § 1 (part), 1/17/1992; Ord. 1709 § 1 (part), 12/22/1970) J. To prohibit uses, buildings, or structures which are incompatible with the character of the permitted uses within specified zones. (Ord. 2861 § 1 (part), 3/17/1995; Ord. 2668 § 1 (part), 1/17/1992; Ord. 1709 § 1 (part), 12/22/1970) K. To conserve the taxable value of land and buildings throughout the City. (Ord. 2861 § 1 (part), 3/17/1995; Ord. 2668 § 1 (part), 1/17/1992; Ord. 1709 § 1 (part), 12/22/1970) L. To encourage the preservation of historic or culturally significant sites and structures throughout the City. (Ord. 2861 § 1 (part), 3/17/1995) M. To define and to limit the powers and duties of the administrative officers and bodies as provided herein and to protect the private property rights of landowners from arbitrary, capricious, and discriminatory actions. (Ord. 2861 § 1 (part), 3/17/1995; Ord. 2668 § 1 (part), 1/17/1992; Ord. 1709 § 1 (part), 12/22/1970) N. To improve the variety, quality, availability, and affordability of the housing opportunities in the City. (Ord. 2861 § 1 (part), 3/17/1995) 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. (Ord. 3123 § 1 (part), 10/11/2002) 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. (Ord. 3123 § 1 (part), 10/11/2002) 17.01.020 - Purposes of zones. The zones in this Zoning Code are established for the following purposes: A. 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 of land use impacts associated Page 3 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 of the City. (Ord. 3123 § 1 (part), 10/11/2002; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2668 § 1 (part), 1/17/1992; Ord. 2385 § 1 (part), 3/28/1986; Ord. 1709 § 1 (part), 12/22/1970) B. RS-9 Zone. This is a low density residential zone intended to create and preserve urban single- family residential neighborhoods consisting of predominantly single-family homes on larger than standard townsite-size lots. Uses that are compatible with and functionally related to a single- family residential environment may be located in this zone. 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 non-through public and private streets with irregularly 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 areas with large tracts of vacant buildable land. (Ord. 3123 § 1 (part), 10/11/2002; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2668 § 1 (part), 1/17/1992; Ord. 2385 § 1 (part), 3/28/1986; Ord. 1709 § 1 (part), 12/22/1970) C. RS-11 Zone. This is a low density residential zone intended to create and preserve sub-urban sized single-family residential neighborhoods consisting of predominantly single-family homes on larger than standard sized townsite-sized lots, while maintaining densities at or more than four dwelling units per acre. 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 non-through public and private streets with irregularly 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 areas with large tracts of vacant buildable land. (Ord. 3180 § 1 (part), 12/17/2004) D. 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 3,500 square foot lots. (Ord. 3180 § 1 (part), 12/17/2004; Ord. 3123 § 1 (part), 10/11/2002; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2715 § 1, 10/16/1992; Ord. 2668 § 1 (part), 1/17/1992; Ord. 1709 § 1 (part), 12/22/1970) E. 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 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. Page 4 (Ord. 3180 § 1 (part), 12/17/2004; Ord. 3123 § 1 (part), 10/11/2002; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2715 § 1, 10/16/1992) F. RHD Zone. This is a high density residential zone for multi-family structures. Compatible uses may be allowed on conditional use permits, but the zone is still regarded as a residential area, where commercial enterprises are not generally felt to be compatible. 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. 3180 § 1 (part), 12/17/2004; Ord. 3123 § 1 (part), 10/11/2002; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2715 § 1, 10/16/1992; Ord. 2668 § 1 (part), 1/17/1992; Ord. 1709 § 1 (part), 12/22/1970) G. PRD Overlay Zone. This overlay zone is to provide alternative zoning regulations which permit and encourage design flexibility, conservation and protection of natural critical areas, and innovation in residential developments to those regulations found in the underlying zone. It is intended that a Planned Residential Development will result in a residential environment of higher quality than traditional lot-by-lot development by use of a design process which includes within the site design all the components of a residential neighborhood, such as open space, circulation, building types, and natural features, in a manner consonant with the public health, safety, and welfare. It is also intended that a Planned Residential Development may combine a number of land use decisions such as conditional use permits, rezones, and subdivisions into a single project review process to encourage timely public hearings and decisions and to provide for more open space and transitional housing densities than is required or may be permitted between single- family and multi-family zones. The consolidation of permit reviews does not exempt applicant(s) from meeting the regulations and submitting the fees and applications normally required for the underlying permit processes. Few nonresidential uses are allowed in this overlay zone and then only conditionally, because of land use impacts associated with nonresidential uses. This overlay zone provides for the opportunity to create self-contained residential neighborhoods with a variety of housing choices without following a standard system of public streets and lot design and with allowances for mixed use, residential and commercial developments not usually permitted in residential zones. (Ord. 3180 § 1 (part), 12/17/2004; Ord. 3123 § 1 (part), 10/11/2002; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2715 § 1, 10/16/1992; Ord. 2657 § 1 (part), 12/13/1991; Ord. 2038 § 1 (part), 7/29/1979) H. 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. 3180 § 1 (part), 12/17/2004; Ord. 3123 § 1 (part), 10/11/2002; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2715 § 1, 10/16/1992; Ord. 2668 § 1 (part), 1/17/1992; Ord. 2109 § 2, 12/7/1980) I. CN Zone. This is a commercial zone intended to create and preserve areas for businesses which are of the type providing the goods and services for the day-to-day needs of the surrounding residential neighborhoods. Businesses in this zone shall occur on sites no larger than one acre and shall be located and designed to encourage both pedestrian and vehicular access and to be Page 5 compatible with adjacent residential neighborhoods. Commercial uses that are largely devoid of any impacts detrimental to multi-family residential uses are allowed; gasoline service islands are conditionally permitted uses. This zone provides for a variety in the urban land use pattern for small commercial districts serving individual residential neighborhoods with direct access on an arterial street and design standards compatible with residential development. (Ord. 3180 § 1 (part), 12/17/2004; Ord. 3123 § 1 (part), 10/11/2002; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2715 § 1, 10/16/1992; Ord. 2668 § 1 (part), 1/17/1992; Ord. 2553 1, 12/2/1989) J. CSD Zone. This is a commercial zone that is slightly less restrictive than the CN zone. 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. Businesses in this zone may occur on sites of varying sizes and shall be located on arterial streets of sufficient size and design standards to accommodate greater automobile and truck traffic. Commercial uses that are largely devoid of any impacts detrimental to the environment are allowed. (Ord. 3517 § 1, 10/21/2014; Ord. 3180 § 1 (part), 12/17/2004; Ord. 3123 § 1 (part), 10/11/2002; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2797 § 2, 2/11/1994, Ord. 2715 § 1, 10/16/1992; Ord. 2668 § 1 (part), 1/17/1992; Ord. 1709 § 1 (part), 12/22/1970) K. 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 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. 3180 § 1 (part), 12/17/2004; Ord. 3123 § 1 (part), 10/11/2002; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2715 § 1, 10/16/1992; Ord. 2668 § 1 (part), 1/17/1992; Ord. 2293 § 1 (part), 4/4/1984) L. 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. 3180 § 1 (part), 12/17/2004; Ord. 3123 § 1 (part), 10/11/2002; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2715 § 1, 10/16/1992; Ord. 2668 § 1 (part), 1/17/1992; Ord. 2303 § 1 (part), 7/4/1984; Ord. 1709 § 1 (part), 12/22/1970) M. CR Zone. This is a commercial zone intended to create and preserve areas for large land intensive commercial uses that provide retail services to a regional market. These types of commercial uses provide a multiplicity of goods and services in a single location and therefore require large areas for the building and parking. Such uses do not follow the basic land use pattern of the of the traditional townsite and are not typically pedestrian oriented. This zone offers vehicular access from major transportation corridors. (Ord. 3180 § 1 (part), 12/17/2004) N. IM Zone. This is an industrial zone intended to preserve industrial areas in the harbor for marine industrial uses, which are characterized as water-dependent or water related. Because there is a Page 6 very limited amount of shorelands adjacent to the Port Angeles Harbor, a zone that allows for mixed uses that do not adversely impact each other can maximize potential water-dependent, water related, and water enjoyment uses of the harbor without excluding either industrial or nonindustrial uses being intermixed. Certain commercial, residential, public, and other mixed uses may be appropriately located in this zone, and therefore heavy industrial manufacturing uses, which have significant nuisance factors, shall not be located in this zone. (Ord. 3180 § 1 (part), 12/17/2004) O. 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, 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 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 development on adjacent uses. While industrial and commercial uses that are devoid of any impacts detrimental to the environment are allowed, vehicle service stations with petroleum products 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 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. 3180 § 1 (part), 12/17/2004; Ord. 3123 § 1 (part), 10/11/2002; Ord. 2861 § 1 (part), 3/17/1995) P. 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. 3180 § 1 (part), 12/17/2004; Ord. 3123 § 1 (part), 10/11/2002; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2715 § 1, 10/16/1992; Ord. 2668 § 1 (part), 1/17/1992; Ord. 2329 § 1 (part), 3/11/1985) Q. IH Zone. This is the least restrictive industrial zone intended to be the area in which heavy industry could develop causing the least impact on other land uses. Significant adverse impacts can be expected from permitted industrial uses that involve hazardous materials, noise, air and water pollution, shift work around the clock, entertainment businesses with adult-only activities, and outside storage yards and manufacturing activities. This zone provides the basic urban land use pattern for heavy industrial uses with direct access to major transportation facilities, design standards for greater truck traffic, and buffers for nonindustrial uses unless deemed impractical. (Ord. 3180 § 1 (part), 12/17/2004; Ord. 3123 § 1 (part), 10/11/2002; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2715 § 1, 10/16/1992; Ord. 2668 § 1 (part), 1/17/1992; Ord. 1709 § 1 (part), 12/22/1970) Page 7 R. PBP Zone. This is 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 of the 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. 3180 § 1 (part), 12/17/2004; Ord. 3123 § 1 (part), 10/11/2002; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2715 § 1, 10/16/1992; Ord. 2668 § 1 (part), 1/17/1992; Ord. 1709 § 1 (part), 12/22/1970) S. FL Zone. This is a zoning designation for privately-owned property not intended for future conversion to urban development. Much of the land so designated may best be used for commercial timber production. This zone provides the basic nonurban land use pattern for natural resource uses, subject to environmental impact mitigation if converted to urban development. (Ord. 3180 § 1 (part), 12/17/2004; Ord. 3123 § 1 (part), 10/11/2002; Ord. 3111 § 3, 3/15/2002) T. Home occupation 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 of the neighborhood. This special use permit provides allowances for business activities taking place within a residential use. (Ord. 3180 § 1 (part), 12/17/2004; Ord. 3123 § 1 (part), 10/11/2002; Ord. 3111 § 3, 3/15/2002; Ord. 2948 § 5 (part) 2/14/1997; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2715 § 1, 10/16/1992; Ord. 2668 § 1 (part), 1/17/1992; Ord. 2103 § 2, 10/18/1980) U. Bed and breakfast 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 activities taking place within a residential use. (Ord. 3180 § 1 (part), 12/17/2004; Ord. 3123 § 1 (part), 10/11/2002; Ord. 3111 § 3, 3/15/2002; Ord. 2948 § 5 (part) 2/14/1997; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2715 § 1, 10/16/1992; Ord. 2668 § 1 (part), 1/17/1992; Ord. 2483 § 1 (part), 3/23/1988) V. Adult entertainment use. The purpose of this chapter is to ensure that adult entertainment businesses are appropriately located and operated within the City of Port Angeles, are compatible with uses allowed within the City, and are conducive to the public health, safety and welfare. This chapter provides procedures and regulations for specific adult-only business activities. (Ord. 3180 § 1 (part), 12/17/2004; Ord. 3123 § 1 (part), 10/11/2002; Ord. 3111 § 3, 3/15/2002; Ord. 2948 § 5 (part) 2/14/1997; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2715 § 1, 10/16/1992; Ord. 2668 § 1 (part), 1/17/1992; Ord. 2511 § 1, 10/4/1988) W. Retail stand permit. The purpose of this chapter is to ensure that retail stands are appropriately located in the commercial and public 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. 3180 § 1 (part), 12/17/2004; Ord. 3123 § 1 (part), 10/11/2002; Ord. 3111 § 3, 3/15/2002; Ord. 2948 § 5 (part) 2/14/1997; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2715 § 1, 10/16/1992; Ord. 2668 § 1 (part), 1/17/1992; Ord. 2070 § 1 (part), 3/29/1980) Page 8 X. Junk yard conditional use. The purpose of this chapter is to ensure that junk yards are appropriately located, are compatible with uses allowed within the City, and are conducive to the public health, safety and welfare. This chapter provides for junk yards to be permitted through the conditional use permit process. (Ord. 3180 § 1 (part), 12/17/2004; Ord. 3123 § 1 (part), 10/11/2002; Ord. 3111 § 3, 3/15/2002; Ord. 2948 § 5 (part) 2/14/1997; Ord. 2861 § 1 (part), 3/17/1995) CHAPTER 17.03 - ESTABLISHING MAPPED ZONES AND REGULATIONS 17.03.010 - Purpose. For the purpose of these regulations the City of Port Angeles is divided into 22 zoning classifications as follows: CHAPTER ABBREVIATED DESIGNATION ZONE CLASSIFICATION 17.10 RS-7 Residential, Single-family 17.11 RS-9 Residential, Single-family 17.12 RS-11 Residential, Single-family 17.13 RTP Residential Trailer Park 17.14 RMD Residential, Medium Density 17.15 RHD Residential, High Density 17.19 PRD Planned Residential Development Overlay Zone 17.20 CO Commercial, Office 17.21 CN Commercial, Neighborhood 17.22 CSD Community Shopping District 17.23 CA Commercial, Arterial 17.24 CBD Central Business District Page 9 17.25 CR Commercial, Regional 17.30 IP Industrial Park 17.31 PID Planned Residential Development Overlay Zone 17.32 IL Industrial, Light 17.34 IH Industrial, Heavy 17.36 IM Industrial, Marine 17.40 PBP Public Building - Park 17.42 FL Forest Lands 17.44* PLID Planned Low Impact Development Zone 17.45* IOZ Infill Overlay Zone *Sections 17.44 and 17.45 were added pursuant to Ordinance 3293, 8/31/2007 (Ord. 3180 § 1 (part), 12/17/2004; Ord. 2948 § 5 (part) 2/14/1997; Ord. 2861 § 1 part, 3/17/1995; Ord. 2798 § 2, 2/25/1994; Ord. 2715 § 2, 10/16/1992; Ord. 2668 § 2 (part), 1/17/1992; Ord. 1709 § 1 (part), 12/22/1970) 17.03.020 - Zoning map. A zoning map, showing the location and the boundaries of the various zones in the City, shall be established as the Official Zoning Map and shall be an integral part of these Zoning Regulations. The Zoning Map shall be consistent with the City's Comprehensive Plan Land Use Map, and the land use designations on the Zoning Map shall be at the same or lesser intensity of uses and impacts on surrounding uses as the Comprehensive Plan Map. Where the zoning land use designation is at a lesser intensity than the comprehensive plan designation, a rezone may be granted if circumstances have been shown to be changed and the public use and interest is served. Where the zoning land use designation is at a greater intensity than the comprehensive plan designation, a rezone consistent with the comprehensive plan must be obtained before new development will be permitted. (Ord. 2948 § 5 (part) 2/14/1997; Ord. 2861 § 1 part, 3/17/1995; Ord. 2668 § 2 (part), 1/17/1992; Ord. 1709 § 1 (part), 12/22/1970) CHAPTER 17.08 - DEFINITIONS Page 10 17.08.001 - General. The following words, terms, and phrases, when used in this title, shall have the meanings ascribed to them in this chapter, except where the context clearly indicates a different meaning. (Ord. 3089 § 2 (part), 6/29/2001; Ord. 2652 § 1 (part), 9/27/1991; Ord. 1709 § 1 (part), 12/22/1970) 17.08.002 - Definition rules. In the construction of these Zoning Regulations, the rules and definitions contained in this section shall be observed and applied, except when the context clearly indicates otherwise. A. Words used in the present tense shall include the future; words used in the singular shall include the plural, and the plural shall include the singular. B. The word "shall" is mandatory and not discretionary. C. The word "may" is permissive. D. The word "lot" shall include the words "piece" and "parcel"; the word "building" includes all other structures of every kind regardless of similarity to buildings; and the phrase "used for" shall include the phrases "arranged for," "designed for," "intended for," "maintained for," and "occupied for." (Ord. 3272, 2/16/2007; Ord. 2652 § 1 (part) 9/27/1991; Ord. 1709 § 1 (part), 12/22/1970) 17.08.010 - "A." A. Accessory building or use. One which is subordinate and incidental to and serves a principal building or principal use and which is located on the same zoning lot as the principal building or principal use served. (Ord. 3042 § 3 (part) 1/28/2000; Ord. 2921 § 1, 6/28/1996; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2652 § 1 (part), 9/27/1991; Ord. 1709 § 1 (part), 12/22/1970) B. Accessory residential unit. A habitable unit added to, created within, or detached from a primary single- family residential dwelling that provides basic requirements for living, sleeping, eating, cooking, and sanitation as outlined by the International Residential Building Code. An accessory residential unit (ARU) is incidental to a detached primary single-family residence, is subordinate in space (i.e., 50 percent or less space than the primary residential use), and is located on the same zoning lot as the single-family residence. An accessory residential unit is served by water and electrical service that is separate from the primary residential service and has a separate address. (Ord. 3478 § 7, 5/21/2013; Ord. 3042 § 3 (part) 1/28/2000; Ord. 2861 § 1 (part), 3/17/1995) C. Adult family home. A one family dwelling of a person or persons who are providing personal care, room and board to more than one but not more than six adults who are not related by blood or marriage to the person or persons providing the services and who are licensed by the State of Washington pursuant to Chapter 70.128 RCW and Chapter 388.76 WAC (Adult Family Home regulations). (Ord. 3517 § 2, 10/21/2014; Ord. 2948 § 5 (part), 2/14/1997; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2652 § 1 (part), 9/27/1991) Page 11 D. Affordable housing. Residential housing available for sale or rent that requires a monthly housing cost, including utilities other than telephone, of no more than 30 percent of the income of an eligible household. An eligible household is one with a total household income no greater than 80 percent of the Clallam County median income as reported by the Washington State Office of Financial Management. (Ord. 3343 § 1, 1/1/2009) E. Alley. A public right-of-way which provides service access to abutting property. (Ord. 2861 § 1 (part), 3/17/1995; Ord. 2652 § 1 (part), 9/27/1991; Ord. 1709 § 1 (part), 12/22/1970) F. Amendment. A change in language of the zoning text which is an official part of these Zoning Regulations. (Ord. 2861 § 1 (part), 3/17/1995) G. Animal husbandry, commercial. The care and raising of animals, particularly farm animals, for agricultural or other commercial purposes, provided that this shall not include noncommercial animal husbandry, private horse stables, up to three dogs and cats which are not house pets, or house pets. (Ord. 3053 § 1 (part), 6/16/2000) H. Animal husbandry, noncommercial. The care and raising of animals for noncommercial purposes, provided that this shall not include private horse stables, kennels, up to three dogs and cats which are not house pets, or house pets. (Ord. 3053 § 1 (part), 6/16/2000) I. Antenna. Any pole, panel, rod, reflection disc including satellite earth station antenna as defined by 47 CFR Sections 1.4000 and 25.104, or similar device used for the transmission and/or reception of radio frequency signals. (Ord. 3089 § 2 (part), 6/29/2001) J. Antenna support structure. Any building or structure other than a tower which can be used for location of telecommunications facilities. (Ord. 3089 § 2 (part), 6/29/2001) K. Apartment. A room, or a suite of two or more rooms in a multiple dwelling, occupied or suitable for occupancy as a dwelling unit for one family. (Ord. 3089 § 2 (part), 6/29/2001) L. Applicant. Any person that applies for approval from the City. (Ord. 3089 § 2 (part), 6/29/2001) M. Application. The process by which the owner of a parcel of land within the City submits a request to develop, construct, build, modify, erect or use such parcel of land. "Application" includes all written documentation, verbal statements, and representations, in whatever form or forum, made by an applicant to the City concerning such a request. (Ord. 3089 § 2 (part), 6/29/2001) N. Assisted living facility. Any home or other institution that provides housing, basic services, and assumes general responsibility for the safety and well being of the residents (for seven or more residents) and may also provide domiciliary care consistent with Chapter 142, laws of 2004 in Chapter 18.20.020 RCW. Page 12 (Ord. 3517 § 2, 10/21/2014; Ord. 3089 § 2 (part), 6/29/2001; Ord. 3053 § 1 (part), 6/16/2000; Ord. 2948 § 5 (part), 2/14/1997; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2652 § 1 (part), 9/27/1991; Ord. 1709 § 1 (part), 12/22/1970) 17.08.015 - "B." A. Bed and breakfast. Bed and breakfast is a single-family residence located in a residential zone that contains one kitchen and shared dining area that provides lodging for guests and travelers for a period of up to 30 days serving primarily breakfast to people registered to use the facility for lodging or special events. Bed and breakfasts are outright permitted uses in all commercial zones, residential high density, and residential medium density zones but are a conditional use in residential single-family zones. (Ord. 3517 § 2, 10/21/2014) B. Bioretention facility is an engineered facility that stores and treats stormwater by passing it through a specified soil profile, and either retains or detains the treated stormwater for flow attenuation. C. Breezeway a roofed open-sided passageway connecting two buildings. (Ord. 3517 § 2, 10/21/2014; Ord. 3390 § 1, 1/30/2010) D. Building, accessory. (See "accessory building or use"). (Ord. 3517 § 2, 10/21/2014; Ord. 3126 § 2 (part), 11/15/2002; Ord. 2652 § 1 (part), 9/27/1991; Ord. 1709 § 1 (part), 12/22/1970) E. Building, detached. A building surrounded by an unoccupied and unobstructed space whic h is on the same lot as the principal building and which provides for air and light from the ground to the sky. (Ord. 3517 § 2, 10/21/2014; Ord. 3126 § 2 (part), 11/15/2002; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2652 § 1 (part), 9/27/1991; Ord. 1709 § 1 (part), 12/22/1970) F. Building, principal. The major building on a lot, the building which houses the major use of the land and the structures on a zoning lot. (Ord. 3517 § 2, 10/21/2014; Ord. 3272, 2/16/2007; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2652 § 1 (part), 9/27/1991; Ord. 1709 § 1 (part), 12/22/1970) G. Building, residential. A building arranged, designed, used, or intended to be used for residential occupancy by one or more families or lodgers. (Ord. 3517 § 2, 10/21/2014; Ord. 3272, 2/16/2007; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2652 § 1 (part), 9/27/1991; Ord. 1709 § 1 (part), 12/22/1970) H. Building line. Front, side and rear building lines are the lines on each zoning lot that delineate the area within which construction of principal buildings is confined. (Ord. 3517 § 2, 10/21/2014; Ord. 3272, 2/16/2007; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2652 § 1 (part), 9/27/1991; Ord. 1709 § 1 (part), 12/22/1970) Page 13 I. Business parking lot and/or structures. A commercial off-street parking lot or structure used exclusively for parking and/or storage of vehicles. (Ord. 3517 § 2, 10/21/2014; Ord. 3272, 2/16/2007; Ord. 2652 § 1 (part), 9/27/1991; Ord. 1709 § 1 (part), 12/22/1970) 17.08.020 - "C." A. Carport. An accessory building or an accessory portion of the main building designed and used primarily for the shelter or storage of vehicles. It is not an enclosed structure and it does not contain a door which would allow vehicles to pass into the structure: it is open on two or more sides. (Ord. 2652 § 1 (part), 9/27/1991; Ord. 1709 § 1 (part), 12/22/1970) B. Casino. An establishment for the purpose of providing unrestricted gambling opportunity as regulated by the Washington State Gambling Commission. Activities regulated under casinos do not include mini-casinos, enhanced card rooms, public card rooms, social card rooms, pull tabs, punch cards, fund raising events sponsored by nonprofit organizations, bingo, state run lottery games, turkey shoots, raffles, sports pools, or other amusement games. (Ord. 3180 § 1 (part), 12/17/2004) C. Child day-care. Child day-care is the provision of supplemental parental care and supervision for a non-related child or children, on a regular basis, for less than 24 hours a day, and under license by the Washington State Department of Social and Health Services. The term is not intended to include baby sitting services of a casual, non-recurring nature, or in the child's own home. Likewise, the term is not intended to include cooperative reciprocative child care by a group of parents in their respective homes. (Ord. 3180 § 1 (part), 12/17/2004; Ord. 2652 § 1 (part), 9/27/1991) D. Child day-care center. A child day-care center provides for the care of 13 or more children. The child day-care center shall not be located in a private family residence unless the portion of the residence where the children have access is used exclusively for the children during the hours the center is in operation or is separate from the usual living quarters of the family. (Ord. 3180 § 1 (part), 12/17/2004; Ord. 2652 § 1 (part), 9/27/1991) E. Commission the appointed Planning Commission. (Ord. 3180 § 1 (part), 12/17/2004; Ord. 2652 § 1 (part), 9/27/1991; Ord. 1709 § 1 (part), 12/22/1970) F. Common usable open space: Area within a Planned Industrial Development which is accessible and usable to all occupants of the development and the City, which is: 1. Land which is unoccupied by nonrecreational buildings, parking areas, or traffic circulation roads; or 2. Land which is dedicated to recreational buildings, structures or facilities; or 3. Land which is dedicated to an open space purpose of the Planned Industrial Development such as preservation of natural features. To be considered common usable open space for recreational purposes, the open space must be usable for specific or multi-purpose activities, be located on generally level land, be regularly shaped and contain a minimum of 1,000 square feet. (Ord. 3180 § 1 (part), 12/17/2004) Page 14 G. Conditional use permit. A limited permission to locate a particular use at a specific location, which limited permission is required to modify the controls stipulated by these regulations to 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. (Ord. 3517 § 2, 10/21/2014; Ord. 3180 § 1 (part), 12/17/2004; Ord. 2652 § 1 (part), 9/27/1991; Ord. 1709 § 1 (part), 12/22/1970) H. Conditional use a use permitted in a zone but which requires a special degree of control to make such use consistent and compatible with other existing or permissible uses in the same zone. (Ord. 3180 § 1 (part), 12/17/2004; Ord. 2652 § 1 (part), 9/27/1991; Ord. 1709 § 1 (part), 12/22/1970) I. Conforming building or structure a building that complies with all sections of these Zoning Regulations or any amendment thereto governing size, height, area, location on the lot, for the zone in which such building or structure is located. (Ord. 3180 § 1 (part), 12/17/2004; Ord. 2652 § 1 (part), 9/27/1991; Ord. 1709 § 1 (part), 12/22/1970) J. Conforming lot a lot that contains the required width, depth and square footage as specified in the zone in which the lot is situated. (Ord. 3180 § 1 (part), 12/17/2004; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2652 § 1 (part), 9/27/1991; Ord. 1709 § 1 (part), 12/22/1970) K. Conforming use a use that is listed as a permitted or conditional use in the zone in which the use is situated. (Ord. 3180 § 1 (part), 12/17/2004; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2652 § 1 (part), 9/27/1991; Ord. 1709 § 1 (part), 12/22/1970) L. Council the City Council. (Ord. 3180 § 1 (part), 12/17/2004; Ord. 2652 § 1 (part), 9/27/1991; Ord. 1709 § 1 (part), 12/22/1970) M. Club or lodge, private a non-profit association of persons who are bona fide members paying annual dues, which owns, hires, or leases a building or portion thereof, the use of such premises being restricted to members and their guests. (Ord. 3180 § 1 (part), 12/17/2004; Ord. 2652 § 1 (part), 9/27/1991; Ord. 1709 § 1 (part), 12/22/1970) 17.08.025 - "D." A. Density the ratio of the number of dwelling units per area of land, e.g., 7,000 square foot lots would allow for a maximum density of 6.22 dwelling units per acre. (Ord. 2861 § 1 (part), 3/17/95) B. Department of Community and Economic Development (DCED) means City of Port Angeles Community and Economic Development Department. (Ord. 3272, 2/16/2007) C. Detached building a building separated a minimum of six feet from another building. (Ord. 3155 § 3, 1/30/2004) Page 15 D. Development any activity which would alter the elevation of the land, remove or destroy plant life, cause structures of any kind to be installed, erected, or removed, divide the land into two or more parcels, or any use or extension of the use of the land. (Ord. 3155 § 3, 1/30/2004; Ord. 2861 § 1 (part), 3/17/1995) E. District a portion of a planning area which is defined by the primary uses located in that portion of the planning area. (Ord. 3155 § 3, 1/30/2004; Ord. 2861 § 1 (part), 3/17/1995) F. Dormitory a residence hall providing sleeping rooms, with or without eating facilities. (Ord. 3155 § 3, 1/30/2004; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2652 § 1 (part), 9/27/1991; Ord. 1709 § 1 (part), 12/22/1970) G. Duplex a residential building containing two single-family dwelling units separate from each other within the four walls of the building. (Ord. 3272, 2/16/2007; Ord. 3155 § 3, 1/30/2004; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2652 § 1 (part), 9/27/1991; Ord. 1709 § 1 (part), 12/22/1970) H. Dwelling a building, or portion thereof, but not an automobile house trailer, designed or used exclusively for residential occupancy, including single-family dwellings, two-family dwellings, and multi- family dwellings, which dwellings are constructed in accordance with the International* Building Code or, in the case of single-family dwellings, are constructed as manufactured homes in accordance with the requirements set forth in PAMC 17.08.070.A., but not including hotels, mot els or lodging houses. *"Uniform Building Code" updated to "International Building Code" (Ord. 3272, 2/16/2007; Ord. 3155 § 3, 1/30/2004; Ord. 2926 § 1 (part), 8/16/1996; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2652 § 1 (part), 9/27/1991; Ord. 1709 § 1 (part), 12/22/1970) I. Dwelling, multi-family a building or a portion thereof containing three or more dwelling units. (Ord. 3155 § 3, 1/30/2004; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2652 § 1 (part), 9/27/1991; Ord. 1709 § 1 (part), 12/22/1970) J. Dwelling, single-family a building containing one dwelling unit only. (Ord. 3272, 2/16/2007; Ord. 3155 § 3, 1/30/2004; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2652 § 1 (part), 9/27/1991; Ord. 1709 § 1 (part), 12/22/1970) K. Dwelling, two-family a building containing two dwelling units only. (Ord. 3155 § 3, 1/30/2004; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2652 § 1 (part), 9/27/1991; Ord. 1709 § 1 (part), 12/22/1970) L. Dwelling unit one or more rooms which are arranged, designed or used as living quarters for one family only. Complete single kitchen facilities, permanently installed, shall always be included for each dwelling unit. (Ord. 3180 § 1 (part), 12/17/2004; Ord. 3155 § 3, 1/30/2004; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2652 § 1 (part), 9/27/1991; Ord. 1709 § 1 (part), 12/22/1970) 17.08.030 - "E." A. Engineer means a professional civil engineer, licensed by and in good standing in the State of Washington. Page 16 (Ord. 3180 § 1 (part), 12/17/2004; Ord. 3089 § 2 (part), 6/29/2001) B. Enlargement an increase in the size of an existing structure or use, including physical size of the property, building, parking, and other improvements. (Ord. 3089 § 2 (part), 6/29/2001; Ord. 3009 § 3, 2/12/1999) C. Environmentally sensitive area an area which includes any of the following critical areas and ecosystems: wetlands, streams or stream corridors, frequently flooded areas, geologically hazardous areas (erosion, landslide, or seismic hazard areas), significant fish and wildlife habitat areas, and locally unique natural features (ravines, marine bluffs, or beaches and associated coastal drift processes). (Ord. 3089 § 2 (part), 6/29/2001; Ord. 3009 § 3, 2/12/1999; Ord. 2861 § 1 (part), 3/17/1995) D. Erected construction of any building or structure or the structural alteration of a building or structure, the result of which would be to change the exterior walls or roof or to increase the floor area of the interior of the building or structure. (Ord. 3089 § 2 (part), 6/29/2001; Ord. 3009 § 3, 2/12/1999; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2652 § 1 (part), 9/27/1991; Ord. 1709 § 1 (part), 12/22/1970) E. Establishment, business or commercial a place of business carrying on an operation, the ownership and management of which are separate and distinct from those of any other place of business located on the same zoning lot. (Ord. 3089 § 2 (part), 6/29/2001; Ord. 3009 § 3, 2/12/1999; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2652 § 1 (part), 9/27/1991; Ord. 1709 § 1 (part), 12/22/1970) F. Existing (pre-existing) a use, lot, or building that existed at the time of the passage of these regulations. (Ord. 3089 § 2 (part), 6/29/2001; Ord. 3009 § 3, 2/12/1999; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2652 § 1 (part), 9/27/1991; Ord. 1709 § 1 (part), 12/22/1970) 17.08.035 - "F." A. Family one person or two or more legally related persons living together, or not more than six unrelated persons living together as a single, nonprofit, housekeeping unit; provided that there shall not be more than four unrelated persons living together with legally related persons as a single, nonprofit, housekeeping unit. (Ord. 2652 § 1 (part), 9/27/1991) B. Family day-care home a family day-care home regularly provides day-care during part of the 24-hour day to 12 or fewer children, incidental to a primary residential use. (Ord. 2652 § 1 (part), 9/27/1991) C. Farming, commercial the planting and cultivating of crops for agricultural or other commercial purposes, provided that this shall not include private gardening or greenhouse structures accessory to single-family residences. (Ord. 3180 § 1 (part), 12/17/2004; Ord. 3053 § 1 (part), 6/16/2000) D. Fence that which is built, constructed, or composed of parts joined together of material in some definite manner in which the prime purpose is to separate and divide, partition, enclose, or screen a parcel or parcels of land. Fences may be constructed of wood, masonry, ornamental metal, or other such materials. For the purpose of this ordinance, plant materials are not considered a fence. Page 17 (Ord. No. 3441, § 6, 11-15-2011; Ord. 3272, 2/16/2007; Ord. 2652 § 1 (part), 9/27/1991; Ord. 1709 § 1 (part) 12/22/1970) E. Fuel yard or bulk plant that portion of a property where flammable or combustible liquids are received by tank vessel or tank vehicle and are stored or blended in bulk for the purpose of distributing such liquids by tank vessel, tank vehicle, portable tank or container for subsequent resale and not to the consuming public. (Ord. 3053 § 1 (part), 6/16/2000; Ord. 2999 § 2 (part), 9/11/1998) 17.08.040 - "G." A. Garage, private a building or structure other than a portion of the main building, enclosed on not less than three sides and designed or used only for the shelter or storage of vehicles, primarily only those vehicles belonging to the occupants of the main building. (Ord. 2652 § 1 (part), 9/27/1991; Ord. 1709 § 1 (part) 12/22/1970) B. Garage, public a building or structure other than a private garage, used for the care, repair, or storage of automobiles, or where motor vehicles are kept for remuneration, hire, or sale. (Ord. 2652 § 1 (part), 9/27/1991; Ord. 1709 § 1 (part) 12/22/1970) C. Group home a non-independent, non-family, housekeeping unit in which the residents are assisted by an outside agency or organization. Some examples of group homes include state licensed homes for the handicapped and physically disabled, homes for the mentally ill, homes for those with developmental disabilities, except that group homes do not include adult family homes, supported living arrangements or residential care facilities. They also include state licensed group homes for residential centers for rehabilitation from alcohol and drugs, and transitional housing for victims of domestic violence. (Ord. 2796 § 1 (part), 2/11/1994) 17.08.045 - "H." A. Hard surface: An impervious surface, a permeable pavement, or a vegetated roof. B. Height the total distance in feet from average ground elevation at perimeter walls as determined by the final grade noted on the building plan approved by the City to the highest point of the structure. The final grade shall not exceed the pre-alteration grade as it existed prior to excavation. For the purposes of this title, a grade is established only when the City Building Inspector verifies the grade. The height restrictions in this title shall not apply to church spires, monuments, chimneys, antennas, water towers, elevator towers, mechanical equipment, and other similar rooftop appurtenances usually required to be placed above the roof level and not intended for human occupancy or the provision of additional habitable space; provided that mechanical equipment rooms and screening are set back at least ten feet from the edge of the roof and do not exceed ten feet in height. Other architectural appurtenances such as ornamental cupolas parapets, and spires, not exceeding ten feet in height and diameter, are also exempt from height requirements. (Ord. 3272, 2/16/2007; Ord. 3180 § 1 (part), 12/17/2004; Ord. 3155 § 4, 1/30/2004; Ord. 2954 § 1, 3/28/1997; Ord. 2742 § 1, 1/29/1993; Ord. 2652 § 1 (part), 9/27/1991; Ord. 1709 § 1 (part), 12/22/1970) C. Home occupation is an occupation or business activity which results in a product or service, is conducted in whole or in part in the dwelling unit, and is clearly incidental and subordinate to the residential use of the property. Page 18 (Ord. 3180 § 1 (part), 12/17/2004; Ord. 2954 § 1, 3/28/97; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2652 § 1 (part), 9/27/1991; Ord. 2265 § 1 (part), 9/19/1983; Ord. 2103 § 1, 10/18/1980; Ord. 1709 § 1 (part), 12/22/1970) D. Hospital an institution specializing in giving clinical, temporary and emergency services of a medical or surgical nature to human patients and licensed by Washington State law. (Ord. 3180 § 1 (part), 12/17/2004; Ord. 2954 § 1, 3/28/1997; Ord. 2652 § 1 (part), 9/27/1991; Ord. 1709 § 1 (part), 12/22/1970) E. Hospital, mental (including treatment of alcoholics) an institution licensed by Washington State agencies under provisions of law to offer facilities, care, and treatment for cases of mental and nervous disorders and alcoholics. (Ord. 3180 § 1 (part), 12/17/2004; Ord. 2954 § 1, 3/28/1997; Ord. 2652 § 1 (part), 9/27/1991; Ord. 1709 § 1 (part), 12/22/1970) F. Hospice a facility for the terminally ill. (Ord. 3180 § 1 (part), 12/17/2004) G. Hostel a residential structure or commercial building where transient accommodations (daily or weekly) for the traveling public are provided and for which the accommodations contain no more than one shared kitchen facility and do not have individual sleeping rooms. Hostels are differentiated by housing type and/or owner occupancy as follows: 1. Owner occupied single-family residential hostels are allowed in the same zones as bed and breakfasts by approval of a special use permit. 2. Non-owner occupied commercial structure hostels are allowed by the same process and in the same zones as motels. (Ord. 3155 § 4, 1/30/2004) H. House pets domestic animals such as dogs, cats, fish, birds, rodents, and reptiles, not including inherently dangerous species of animals, which sleep and are primarily housed in a dwelling unit together with their owners. (Ord. 3155 § 4, 1/30/2004; Ord. 3053 § 1 (part), 6/16/2000) 17.08.050 - "I." A. Incidental in addition to and not interfering with or otherwise detracting from a main object; usually in these Zoning Regulations referring to a use in addition to a permitted use. (Ord. 2861 § 1 (part), 3/17/1995) B. Impervious surface a hard non-vegetated surface area that either prevents or retards the entry of water into the soil mantle as under natural conditions prior to development. A hard non-vegetated surface area which causes water to run off the surface in greater quantities or at an increased rate of flow from the flow present under natural conditions prior to development. Common impervious surfaces include, but are not limited to, roof tops, walkways, patios, driveways, parking lots or stormwater areas, concrete or asphalt paving, gravel roads, packed earthen materials, and oiled, macadam or other surfaces which similarly impede the natural infiltration of stormwater. Vegetated roofs and minimal excavation foundations, subject to conformance with applicable Department of Ecology BMPs, are not included in the total impervious area. (Ord. 3343 § 1, 1/1/2009) Page 19 17.08.055 - "J." A. Junk yard an open area where waste or scrap materials are bought, sold, exchanged, stored, baled, packed, disassembled, or handled, including but not limited to scrap iron and other metals, paper, rags, rubber tires, and bottles. A junk yard includes an auto wrecking yard but does not include uses established within enclosed buildings. (Ord. 2861 § 1 (part), 3/17/1995; Ord. 2652 § 1 (part), 9/27/1991; Ord. 1709 § 1 (part), 12/22/1970) 17.08.060 - "K." A. Kennel a place where four or more dogs or cats, four months old or older, or any combination of such dogs and cats, are kept, whether by the owners of the dogs and cats or by persons providing facilities and care, whether for compensation or not, provided that the number of dogs and cats counted shall not include house pets. (Ord. 3053 § 1 (part), 6/16/2000; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2652 § 1 (part), 9/27/1991; Ord. 1709 § 1 (part), 12/22/1970) B. Kitchen a room or space which is constructed or equipped to facilitate the washing, cooking, and storing of food; kitchen facilities include plumbing for sinks and electrical wiring for ovens and stoves. (Ord. 2861 § 1 (part), 3/17/1995) 17.08.065 - "L." A. Landfill, sanitary an area devoted to the disposal of refuse, including incineration, reduction, or dumping of ashes, garbage, combustible and non-combustible refuse, and industrial solid wastes. (Ord. 2861 § 1 (part), 3/17/1995) B. Legal building, structure, land use any building, structure or use of the land that complies with all zoning requirements. (Ord. 2861 § 1 (part), 3/17/1995; Ord. 2652 § 1 (part), 9/27/1991; Ord. 1709 § 1 (part), 12/22/1970) C. Legal nonconforming building or structure. A legally established building or structure which met the applicable zoning code requirements in effect at the time the building or structure was constructed, but which fails by reason of such adoption, revision or amendment of the Zoning Code, to conform to the present requirements of the zone in which it is located. (Ord. 3009 § 3 (part), 2/12/1999) D. Level of service an established minimum capacity of public facilities or services that must be provided per unit of demand or other appropriate measure of need. (Ord. 3009 § 3 (part), 2/12/1999; Ord. 2861 § 1 (part), 3/17/1995) E. Lot a lot is a zoning lot, except as the context shall indicate a lot of record, in which case a lot is a "lot, of record." (Ord. 3009 § 3 (part), 2/12/1999; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2652 § 1 (part), 9/27/1991; Ord. 1709 § 1 (part), 12/22/1970) F. Lot area the total area within the lot lines of a lot, excluding any primary access easements or panhandles. Page 20 (Ord. 3009 § 3 (part), 2/12/1999; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2796 § 2, 2/11/1994) G. Lot, corner a lot situated at the intersection of two or more streets. (Ord. 3009 § 3 (part), 2/12/1999; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2796 § 2, 2/11/1994; Ord. 2652 § 1 (part), 9/27/1991; Ord. 1709 § 1 (part), 12/22/1970) H. Lot, reverse corner a corner lot in which the rear property line coincides with the side property line of an abutting lot. (Ord. 3009 § 3 (part), 2/12/1999; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2652 § 1 (part), 9/27/1991; Ord. 1709 § 1 (part), 12/22/1970) I. Lot, through a lot having two opposite lot lines abutting public streets which are usually more or less parallel to each other; not a corner lot. Both lot lines abutting streets shall be deemed front lot lines. (Ord. 3009 § 3 (part), 2/12/1999; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2652 § 1 (part), 9/27/1991; Ord. 1709 § 1 (part), 12/22/1970) J. Lot, zoning a single tract of land located within a single block, which at the time of filing for a building permit, is designated by its owner or developer as a tract to be used, developed, or built upon as a unit, under single ownership or control. A zoning lot may or may not coincide with a lot of record. (Ord. 3009 § 3 (part), 2/12/1999; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2796 § 2, 2/11/1994; Ord. 2652 § 1 (part), 9/27/1991; Ord. 1709 § 1 (part), 12/22/1970) K. Lot line, front that boundary of a lot which abuts a street. When two or more boundaries abut a street, the boundary with the narrowest width shall be considered the front lot line, unless otherwise specified on a plat. On a panhandle lot, the front lot line and setbacks shall be determined during the subdivision approval process, or, if not determined during subdivision review, shall be determined by the Director of Community and Economic Development. (Ord. 3272, 2/16/2007; Ord. 3009 § 3 (part), 2/12/1999; Ord. 2948 § 5 (part), 2/14/1997; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2796 § 2, 2/11/1994; Ord. 2652 § 1 (part), 9/27/1991; Ord. 1709 § 1 (part), 12/22/1970) L. Lot line, rear that boundary of a lot which is most distant from and is most nearly parallel to the front lot line. (Ord. 3009 § 3 (part), 2/12/1999; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2796 § 2, 2/11/1994; Ord. 2652 § 1 (part), 9/27/1991; Ord. 1709 § 1 (part), 12/22/1970) M. Lot line, side any boundary of a lot which is not a front nor a rear lot line. (Ord. 3009 § 3 (part), 2/12/1999; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2796 § 2, 2/11/1994; Ord. 2652 § 1 (part), 9/27/1991; Ord. 1709 § 1 (part), 12/22/1970) N. Lot coverage the amount or percent of the ground area of a lot on which buildings are located. This amount/percent shall include all buildings which are partially or totally enclosed and covered by an impervious roof, including any garages, carports, covered patios, and cantilevered portions of a building, and structures covered by an impervious roof even if not fully enclosed. Lot coverage does not include the first horizontal 30 inches of the roof overhang nor does it include uncovered decks and porches not higher than 30 inches from the ground. (Ord. 3009 § 3 (part), 2/12/1999; Ord. 2956 § 1, 4/25/1997; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2796 § 2, 2/11/1994) O. Lot of record a parcel of land that is registered as a lot or parcel of land in the records of the County Auditor. Page 21 (Ord. 3009 § 3 (part), 2/12/1999; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2796 § 2, 2/11/1994; Ord. 2652 § 1 (part), 9/27/1991; Ord. 1709 § 1 (part), 12/22/1970) P. Lot width the horizontal distance between side lot lines measured at right angles to the lot depth at the front setback line, provided the average horizontal distance between side lot lines must also meet or exceed the minimum lot width required. (Ord. 3332 § 1, 4/25/2008; Ord. 3009 § 3 (part), 2/12/1999; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2839, 10/14/1994; Ord. 2796 § 2, 2/11/1994) Q. Low impact development (LID) facilities/BMPs are distributed stormwater management practices, integrated into a project design, that emphasize pre-disturbance hydrologic processes of infiltration, filtration, storage, evaporation and transpiration. LID facilities/BMPs include, but are not limited to: bioretention, rain gardens, permeable pavements, roof downspout controls, dispersion, soil quality and depth, minimal excavation foundations, vegetated roofs, and water re-use. R. Low-powered, networked telecommunications facilities those facilities with maximum transmitter peak output power that do not exceed one watt and are less than 14 inches by 16 inches by eight inches with an antenna no greater than 30 inches. (Ord. 3089 § 2 (part), 6/29/2001) 17.08.070 - "M." A. Manufactured home factory built, single-family structures that meet the National Manufactured Home Construction and Safety Standards Act (42 U.S.C. § 5401), commonly known as the HUD (U.S. Department of Housing and Urban Development) Code, and that also meets the following requirements: 1. Consists of two or more fully enclosed parallel sections each of not less than 12 feet wide by 36 feet long; 2. Bears an insignia issued by the appropriate federal agency indicating compliance with the construction standards of the U.S. Department of Housing and Urban Development (HUD), as amended and as approved by the State of Washington; 3. Is placed on an on-grade permanent foundation or on footings and piers or on blocks in accordance with HUD's specifications for the specific home and has skirting installed so that no more than one foot of the skirting is visible above grade; 4. Has all transport appurtenances removed; 5. Is served by underground electrical power; and 6. Was originally constructed with and prior to occupancy has a composition or wood shake or shingle, coated metal, or similar roof of not less than 3:12 pitch. (Ord. 3272, 2/16/2007; Ord. 2926 § 1 (part), 8/16/1996; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2796 § 3, 2/11/1994) B. Marina. A system of piers, buoys, or floats that provide a centralized site for extended moorage for more than four vessels for a period of 48 hours or longer. For regulatory purposes, yacht club facilities and camp or resort moorage areas would also be reviewed as marinas. Boat launch facilities and the sales of supplies and services for small commercial and/or pleasure craft users may be associated with marinas. Where such amenities are included, the marina is considered a multi-use marina. (Ord. 3517 § 2, 10/21/2014) Page 22 C. Massage. The method, art or science of treating the human body for hygienic, remedial or relaxational purposes by rubbing, stroking, kneading, tapping, rolling or manipulating the human body of another with the hands, or by any other agency or instrumentality. (Ord. 3517 § 2, 10/21/2014; Ord. 3180 § 1(part), 12/17/2004) D. Massage parlor. Any premises where massages are given or furnished for, or in expectation of any fee, compensation or monetary consideration, except: 1. Facilities adjunct to athletic clubs, medical facilities, hotels, motels or beauty salons; and 2. Enterprises licensed by the state and operating as approved home occupations. (Ord. 3517 § 2, 10/21/2014; Ord. 3180 § 1(part), 12/17/2004) E. Medical/dental building. A building or group of buildings designed for the use of physicians and dentists and others engaged professionally in such healing arts for humans as are recognized by the laws of the State of Washington. (Ord. 3517 § 2, 10/21/2014; Ord. 3180 § 1(part), 12/17/2004); Ord. 2861 § 1 (part), 3/17/1995; Ord. 2796 § 3, 2/11/1994; Ord. 2652 § 1 (part), 9/27/1991; Ord. 1709 § 1 (part), 12/22/1970) F. Mobile home. (See the definition for Trailer, house). (Ord. 3517 § 2, 10/21/2014; Ord. 3180 § 1(part), 12/17/2004; Ord. 2861 § 1 (part), 3/17/1995) G. Motel. An establishment consisting of a group of living or sleeping accommodations with bathroom, with or without kitchen facilities, located on a single zoning lot and designed for use by transient tourists. (Ord. 3517 § 2, 10/21/2014; Ord. 3180 § 1(part), 12/17/2004; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2796 § 3, 2/11/1994; Ord. 2652 § 1 (part), 9/27/1991; Ord. 1709 § 1 (part), 12/22/1970) H. Motor freight terminal. A building or area in which freight brought by motor truck is assembled and/or stored for routing intrastate and interstate shipment by motor truck. (Ord. 3517 § 2, 10/21/2014; Ord. 3180 § 1(part), 12/17/2004; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2796 § 3, 2/11/1994; Ord. 2652 § 1 (part), 9/27/1991; Ord. 1709 § 1 (part), 12/22/1970) 17.08.075 - "N." A. Neighborhood an area located within a district where people live, which is defined by the primary type and/or density of the residential units located in that particular area of the district. (Ord. 2861 § 1 (part), 3/17/1995) B. Neighborhood density the neighborhood density is the number of dwelling units per acre allowed by zoning when streets, parks, electrical distribution substations, and other necessary supporting developments are included in the calculation. (Ord. 3180 § 1 (part), 12/17/2004) Page 23 C. Nonconforming building or structure any building or structure which does not conform with the lot area, yard, height, or lot coverage restrictions in these regulations, or is designed or intended for a use that does not conform to the use regulations for the zone in which it is located, either at the effective date of these regulations or as the result of subsequent amendments to these regulations. (Ord. 3180 § 1 (part), 12/17/2004; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2796 § 3, 2/11/1994; Ord. 2652 § 1 (part), 9/27/1991; Ord. 1709 § 1 (part), 12/22/1970) D. Nonconforming lot a legally established lot, the area, dimensions or location of which met the applicable zoning code requirements in effect at the time the lot was created, but which fails by reason of such adoption, revision or amendment of the Zoning Code, to conform to the present requirements of the zone in which it is located. (Ord. 3180 § 1 (part), 12/17/2004; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2796 § 4, 2/11/1994) E. Nonconforming use any use of land, building or structure which does not comply with all of these Zoning Regulations or of any amendment hereto governing use for the zoning district in which such use is situated. (Ord. 3180 § 1 (part), 12/17/2004; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2796 § 4, 2/11/1994; Ord. 2652 § 1 (part), 9/27/1991; Ord. 1709 § 1 (part), 12/22/1970) F. Noxious matter material capable of causing injury to living organisms by chemical reaction, or is capable of causing detrimental effects upon the physical or economic well-being of individuals. (Ord. 3180 § 1 (part), 12/17/2004) G. Nursing home or convalescent home. Any home or residential facility licensed per 18.51 RCW that operates or maintains facilities providing convalescent or chronic care for a period in excess of 24 consecutive hours for three or more patients not related by blood or marriage to the operator, who by reason of illness or infirmity, are unable to properly care for themselves. Nothing in this definition shall be construed to include any "assisted living facility". (Ord. 3517 § 2, 10/21/2014; Ord. 3180 § 1 (part), 12/17/2004; Ord. 2948 § 5 (part), 2/14/1997; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2796 § 4, 2/11/1994; Ord. 2652 § 1 (part), 9/27/1991; Ord. 1709 § 1 (part), 12/22/1970) 17.08.080 - "O." A. Off-street parking space an area of at least 8½ feet in width and 18 feet in length, or as otherwise provided in Chapter 14.40 PAMC situated on territory other than a public or private street, alley, highway or trafficway, and used only for the storage of vehicles. (Ord. 2861 § 1 (part), 3/17/1995; Ord. 2652 § 1 (part), 9/27/1991; Ord. 1709 § 1 (part), 12/22/1970) B. Open space natural areas of unique or major physical features such as shorelines, bluffs, beaches, lagoons, waterways, ravines, streams, rivers, lakes, wetlands, wildlife habitats, and other environmentally sensitive areas deemed of significant importance to the community by the City; landscaped areas such as parks, playfields, golf courses, outdoor stadiums, and public landscaped areas such as those along boulevards and around public buildings; improved outdoor areas such as piers, playgrounds, plazas, promenades or trails, tennis courts, viewpoints, and other outdoor spaces open to the public. (Ord. 2861 § 1 (part), 3/17/1995) C. Owner any person with fee title or a long-term leasehold to any parcel of land within the City, who desires to develop, or construct, build, modify, erect, or use such parcel of land. Page 24 (Ord. 3089 § 2 (part), 6/29/2001) 17.08.085 - "P." A. People with functional disabilities people with functional disabilities means: (1) a person who, because of a recognized chronic physical or mental condition or disease, is functionally disabled to the extent of: (a) needing care, supervision or monitoring to perform activities of daily living or instrumental activities of daily living, or (b) needing supports to ameliorate or compensate for the effects of the functional disabilities so as to lead as independent a life as possible, or (c) having a physical or mental impairment which substantially limits one or more of such person's major life activities, or (d) having a record of such impairment; or (2) being regarded as having such an impairment, but such term does not include current, illegal use of, or active addiction to a controlled substance. (Ord. 2652 § 1 (part), 9/27/1991) B. Permeable pavement is pervious concrete, porous asphalt, permeable pavers or other forms of pervious or porous paving material intended to allow passage of water through the pavement section. It often includes an aggregate base that provides structural support and acts as a stormwater reservoir. C. Person any person, firm, partnership, association, corporation, company, or other legal entity, private or public, whether for profit or not for profit. (Ord. 3089 § 2 (part), 6/29/2001; Ord. 2652 § 1 (part), 9/27/1991; Ord. 1709 § 1 (part), 12/22/1970) D. Planned Industrial Development (PID) A PID is a site specific development which has been approved by the City Council under the provisions of chapter 17.31 of the Port Angeles Municipal Code. (Ord. 3180 § 1 (part), 12/17/2004) E. Planning area a large geographical area of the City, which is defined by physical characteristics and boundaries. (Ord. 3180 § 1 (part), 12/17/2004; Ord. 2861 § 1 (part), 3/17/1995) F. PRD Planned Residential Development. (Ord. 3272, 2/16/2007) G. Professional offices offices used as a place of business conducted by persons engaged in recognized professions, and others whose business activities consist chiefly of services to the person as distinguished from the handling of commodities. (Ord. 3180 § 1 (part), 12/17/2004; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2652 § 1 (part), 9/27/1991; Ord. 1709 § 1 (part), 12/22/1970) H. Public facilities public facilities include streets, roads, highways, sidewalks, street and road lighting systems, traffic signals, domestic water systems, storm and sanitary sewer systems, parks and recreational facilities, and schools. (Ord. 3180 § 1 (part), 12/17/2004; Ord. 2861 § 1 (part), 3/17/1995) 17.08.087 - "Q." Quasi-public a characteristic of seemingly like but not actually being of a public entity, having the characteristics of being public such as open and available to all citizens without discrimination of any kind, benefitting the public, providing a nonprofit service or facility and receiving assistance from a governmental agency; quasi-public entities include but are not limited to nonprofit and other groups, such as the Page 25 International Red Cross, YMCA, YWCA, and Serenity House, for which membership in the organization is not required to receive services or use the facilities. (Ord. 3155 § 5, 1/30/2004) 17.08.090 - "R." A. Reclassification a change in zoning boundaries upon the zoning map which is an official part of these Zoning Regulations. (Ord. 2652 § 1 (part), 9/27/1991; Ord. 1709 § 1 (part), 12/22/1970) B. Reconstruction the act of constructing again. (Ord. 3009 § 3 (part), 2/12/1999) C. Recreation facility or area, non-commercial a facility or area for recreation purposes, such as a swimming pool, park, tennis court, playground or other similar use operated and maintained by a nonprofit club or organization. (Ord. 3009 § 3 (part), 2/12/1999; Ord. 2652 § 1 (part), 9/27/1991; Ord. 1709 § 1 (part), 12/22/1970) D. Recreational purpose an express intent of a space design and development to service a particular healthful or aesthetic activity. (Ord. 3272, 2/16/2007; Ord. 3180 § 1 (part), 12/17/2004) E. Residence a building or structure, or portion thereof, which is designed for and used to provide a place of abode for human beings. The term "residence" includes the term "residential" as referring to the type, or intended use, of a building. (Ord. 3180 § 1 (part), 12/17/2004; Ord. 3009 § 3 (part), 2/12/1999; Ord. 2652 § 1 (part), 9/27/1991; Ord. 1709 § 1 (part), 12/22/1970) F. Restoration. The act of putting back or bringing back into a former or original state. (Ord. 3517 § 2, 10/21/2014; Ord. 3180 § 1 (part), 12/17/2004; Ord. 3009 § 3 (part), 2/12/1999) G. Right-of-way. Land acquired or dedicated for purposes of a street, highway, sidewalk, alley, avenue, other structure used for pedestrian or vehicular traffic, or easement or any combination of such uses for which the City has regulatory authority. (Ord. 3517 § 2, 10/21/2014; Ord. 3272, 2/16/2007) H. Roof. A structure covering any portion of a building or structure, including the projections beyond the walls or supports. (Ord. 3517 § 2, 10/21/2014; Ord. 3180 § 1 (part), 12/17/2004; Ord. 3009 § 3 (part), 2/12/1999; Ord. 2948 § 5 (part), 2/14/1997; Ord. 2652 § 1 (part), 9/27/1991; Ord. 1709 § 1 (part), 12/22/1970) 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; Page 26 automobile washing (not including auto laundry); waxing and polishing of automobiles; tire changing and repair (not including recapping); battery service, charging, and replacement (not including repair and rebuilding); radiator cleaning and flushing (not including steam cleaning and repair); installation of accessories; and the following operations if conducted wholly within a building: lubrication of motor vehicles, brake servicing, wheel balancing, tire testing, and replacement of carburetors, coils, condensers, fan belts, wiring, water hoses, and similar parts. (Ord. 2652 § 1 (part), 9/27/1991; Ord. 1709 § 1 (part), 12/22/1970) B. Setback the required minimum distance between any lot line and any structure or building. (Ord. 2666 § 1 (part), 1/17/1992) C. Shopping center a group of commercial establishments planned, constructed, and managed as a total entity, with customer and employee parking provided on-site, provision for goods delivery separated from customer access, aesthetic considerations and protection from the elements, and landscaping and signage in accordance with an approved plan. Shopping centers are further defined by size and the area their shoppers come from: 1. A community shopping center features a junior department store and contains approximately 150,000 square feet of gross leasable area and has a site area of ten to 25 acres. Its clientele draw is approximately a ten-minute drive from the center. 2. A neighborhood shopping center generally offers goods necessary to meet daily needs, occupies up to ten acres, has up to 100,000 square feet of gross leasable area, and draws its clientele from a five-minute driving radius from the center. (Ord. 3180 § 1 (part), 12/17/2004) D. Sign any letters, figures, design symbol, trademark, or device intended to attract attention to any activity, service, place, subject, person, firm, corporation, public performance, article, machine, or merchandise, and including display surfaces and supporting structures thereof. (Ord. 3180 § 1 (part), 12/17/2004; Ord. 3007 § 5 (part), 1/15/1999) E. Sign, advertising a sign which directs attention to a business, commodity, service or entertainment conducted, sold, or offered elsewhere than upon the premises on which such sign is located or to which it is affixed. (Ord. 3180 § 1 (part), 12/17/2004; Ord. 3007 § 5 (part), 1/15/1999; Ord. 2666 § 1 (part), 1/17/1992; Ord. 1709 § 1 (part), 12/22/1970) F. Sign, area the area of a sign shall be the sum of each display surface including both sides of a double- faced sign, as determined by circumscribing the exterior limits on the mass of each display erected on one sign structure with a circle, triangle, or quadrangle connecting all extreme points. Where a sign is composed of two or more individual letters mounted directly on a wall, the total display surface, including its background, shall be considered one sign for purposes of calculating sign area. The structure supporting a sign is not included in determining the area of the sign, unless the structure is designed in a way to form an integral part of the display. (Ord. 3180 § 1 (part), 12/17/2004; Ord. 3007 § 5 (part), 1/15/1999; Ord. 2948 § 5 (part), 2/14/1997) G. Single-family residence one detached dwelling on an individual lot for occupancy by one family. (Ord. 3180 § 1 (part), 12/17/2004; Ord. 3126 § 2 (part), 11/15/2002; Ord. 3123 § 2 (part), 10/11/2002; Ord. 3007 § 5 (part), 1/15/1999; Ord. 2948 § 5 (part), 2/14/1997; Ord. 2796 § 5, 2/11/1994) H. Site coverage the amount of impervious hard surface on a parcel, including structures, paved driveways, sidewalks, patios, permeable pavement, vegetated roofs, and other impervious surfaces. (Ord. 3343 § 1, 1/1/2009) Page 27 I. 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. (Ord. 3180 § 1 (part), 12/17/2004; Ord. 3126 § 2 (part), 11/15/2002; Ord. 3123 § 2 (part), 10/11/2002) J. Story the space between the floor and the ceiling above said floor. A basement shall be considered a story when more than half of the basement height is above the finished lot grade. (Ord. 3180 § 1 (part), 12/17/2004; Ord. 3126 § 2 (part), 11/15/2002; Ord. 3123 § 2 (part), 10/11/2002; Ord. 3089 § 2 (part), 6/29/2001; Ord. 3007 § 5 (part), 1/15/1999; Ord. 2948 § 5 (part), 2/14/1997; Ord. 2796 § 5, 2/11/1994; Ord. 2652 § 1 (part), 9/27/1991; Ord. 1709 § 1 (part), 12/22/1970) K. Street a vehicular way that affords a primary means of access to abutting property. (Ord. 3272, 2/16/2007; Ord. 3180 § 1 (part), 12/17/2004; Ord. 3126 § 2 (part), 11/15/2002; Ord. 3123 § 2 (part), 10/11/2002; Ord. 3089 § 2 (part), 6/29/2001; Ord. 3007 § 5 (part), 1/15/1999; Ord. 2948 § 5 (part), 2/14/1997; Ord. 2796 § 5, 2/11/1994; Ord. 2652 § 1 (part), 9/27/1991; Ord. 1709 § 1 (part), 12/22/1970) L. Street right-of-way line the boundary line between a street and abutting property. (Ord. 3180 § 1 (part), 12/17/2004; Ord. 3126 § 2 (part), 11/15/2002; Ord. 3123 § 2 (part), 10/11/2002; Ord. 3089 § 2 (part), 6/29/2001; Ord. 3007 § 5 (part), 1/15/1999; Ord. 2948 § 5 (part), 2/14/1997; Ord. 2796 § 5, 2/11/1994; Ord. 2652 § 1 (part), 9/27/1991; Ord. 1709 § 1 (part), 12/22/1970) M. Structure anything constructed in the ground, or anything erected which requires location on the ground or water, or is attached to something having location on or in the ground and is over 30 inches in height above the ground level, but not including fences or walls used as fences six feet or less in height. (Ord. 3272, 2/16/2007; Ord. 3180 § 1 (part), 12/17/2004; Ord. 3126 § 2 (part), 11/15/2002; Ord. 3123 § 2 (part), 10/11/2002; Ord. 3089 § 2 (part), 6/29/2001; Ord. 3007 § 5 (part), 1/15/1999; Ord. 2948 § 5 (part), 2/14/1997; Ord. 2796 § 5, 2/11/1994; Ord. 2652 § 1 (part), 9/27/1991; Ord. 1709 § 1 (part), 12/22/1970) N. Structural alteration any change, other than incidental repairs, which would prolong the life of the supporting members of a building, such as bearing walls, columns, beams, or girders. (Ord. 3180 § 1 (part), 12/17/2004; Ord. 3126 § 2 (part), 11/15/2002; Ord. 3123 § 2 (part), 10/11/2002; Ord. 3089 § 2 (part), 6/29/2001; Ord. 3007 § 5 (part), 1/15/1999; Ord. 2948 § 5 (part), 2/14/1997; Ord. 2796 § 5, 2/11/1994; Ord. 2652 § 1 (part), 9/27/1991; Ord. 1709 § 1 (part), 12/22/1970) O. Subordinate less important than and secondary to a primary object, usually in these Zoning Regulations referring to an accessory use. (Ord. 3180 § 1 (part), 12/17/2004; Ord. 3126 § 2 (part), 11/15/2002; Ord. 3123 § 2 (part), 10/11/2002; Ord. 3089 § 2 (part), 6/29/2001; Ord. 3007 § 5 (part), 1/15/1999; Ord. 2948 § 5 (part), 2/14/1997; Ord. 2921 § 2, 6/28/1996; Ord. 2861 § 1 (part), 3/17/1995) P. Supermarket a grocery store on a site larger than one acre and with multiple retail departments such as drugs, photo, video, deli, flowers, seafood, bakery, etc. (Ord. 3180 § 1 (part), 12/17/2004; Ord. 3126 § 2 (part), 11/15/2002; Ord. 3123 § 2 (part), 10/11/2002; Ord. 3089 § 2 (part), 6/29/2001; Ord. 3007 § 5 (part), 1/15/1999; Ord. 2948 § 5 (part), 2/14/1997; Ord. 2861 § 1 (part), 3/17/1995) Page 28 17.08.100 - "T." A. Telecommunications facilities or wireless telecommunications facilities any antennas, cables, wires, lines, wave guides, and any other equipment or facilities associated with the transmission or reception of communications which a person seeks to locate or has installed upon or near a tower or antenna support structure. (Ord. 3089 § 2 (part), 6/29/2001) B. Through lot (See "lot, through"). (Ord. 3089 § 2 (part), 6/29/2001; Ord. 2652 § 1 (part), 9/27/1991; Ord. 1709 § 1 (part), 12/22/1970) C. Tower or wireless telecommunications tower - a self-supporting lattice, guyed, or monopole structure constructed from grade which supports telecommunications facilities. The term "tower" shall not include amateur radio operators' equipment, as licensed by the FCC. (Ord. 3089 § 2 (part), 6/29/2001) D. Townsite block a block of 500 feet by 300 feet dimension or 3.44 acres as created by the original platting of the Townsite of Port Angeles. (Ord. 3180 § 1 (part), 12/17/2004) E. Trail a pedestrian facility which is designated for travel and recreation purposes and which may include sidewalks, portions of roadways, natural surfaced walkways, and structures such as bridges. (Ord. 3180 § 1 (part), 12/17/2004; Ord. 3089 § 2 (part), 6/29/2001; Ord. 2861 § 1 (part), 3/17/1995) F. Trailer, house (automobile trailer, mobile home, recreational vehicle, vacation trailer) a vehicle without motor power designed to be drawn by a motor vehicle and to be used for human habitation, a motor vehicle designed to be used for human habitation, and a manufactured home which does not meet City Building Code or State and Federal Manufacturing Standards. (Ord. 3180 § 1 (part), 12/17/2004; Ord. 3089 § 2 (part), 6/29/2001; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2652 § 1 (part), 9/27/1991; Ord. 1709 § 1 (part), 12/22/1970) G. Trailer park, trailer court, mobile home park, recreational vehicle park any premises on which are parked one or more vehicles designed, intended, arranged, or used for living purposes, or any premises used or held out for the purpose of supplying to the public a space for one or more such vehicles, whether such vehicles stand on wheels or rigid supports. (Ord. 3180 § 1 (part), 12/17/2004; Ord. 3089 § 2 (part), 6/29/2001; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2652 § 1 (part), 9/27/1991; Ord. 1709 § 1 (part), 12/22/1970) H. Trellis a lattice work structure designed to support plant growth. Trellises that demarcate an entryway to a yard, are detached from any other structure on the site, have a minimum sidewalk span of four feet, depth of two feet and a height of eight feet, is exempt from the requirement for a building permit and is not considered a structure. (Ord. 3180 § 1 (part), 12/17/2004) 17.08.105 - "U." A. Unclassified use permit a limited permission to locate a particular unusual, large-scale, unique or special use at a particular location, which limited permission is required to modify the controls stipulated by these regulations in such degree as to assure that the particular use shall not prove detrimental to surrounding properties, shall not be in conflict with the Comprehensive Plan, and shall not be contrary to the public interest. Page 29 (Ord. 2861 § 1 (part), 3/17/1995) B. Unclassified use a use which is not permitted in any zone and which requires a special degree of control to make such use consistent and compatible with other existing or permissible uses in the same zone. (Ord. 2861 § 1 (part), 3/17/1995) C. Use the purpose or activity for which the land, or building thereof, is designed, arranged or intended, or for which it is occupied or maintained and shall include any manner of performance of such activity with respect to the performance standards of these Zoning Regulations. (Ord. 2861 § 1 (part), 3/17/1995; Ord. 2652 § 1 (part), 9/27/1991; Ord. 1709 § 1 (part), 12/22/1970) D. Use, principal the main use of land or buildings as distinguished from a subordinate or accessory use. (Ord. 2861 § 1 (part), 3/17/1995; Ord. 2652 § 1 (part), 9/27/1991; Ord. 1709 § 1 (part), 12/22/1970) E. Utility building or structure an installation to provide utility service, including wireless communication facilities to which the structure height is equal or less than the maximum building height of the zone in which it will be located. (Ord. 3071, § 4 (part), 12/15/2000; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2652 § 1 (part), 9/27/1991; Ord. 1709 § 1 (part), 12/22/1970) 17.08.110 - "V." A. Variance an adjustment in the application of the specific regulations to a particular parcel of property which property, because of special circumstances applicable to it, is deprived of privileges commonly enjoyed by other properties in the same vicinity and zone. (Ord. 2652 § 1 (part), 9/27/1991; Ord. 1709 § 1 (part), 12/22/1970) B. Vegetated roofs (also known as ecoroofs and green roofs) consist of thin layers of engineered soil and vegetation constructed on top of conventional flat or sloped roofs. 17.08.115 - "W." A. Wireless communication facilities (WCFs) an unstaffed facility for the transmission and/or reception of wireless telecommunications services, including support structures, antennas, accessory equipment, and appurtenances, used to transmit, receive, distribute, provide, or offer personal wireless communication services. WCFs include but are not limited to antennas, plies, towers, cables, wires conduits, ducts, pedestals, vaults, buildings, and electronic and switching equipment. (Ord. 3071, § 4 (part), 12/15/2000). B. Work/live space an arrangement of space that combines a living area and working area where the living area is subordinate in size and use to the work space. (Ord. 3272, 2/16/2007) 17.08.125 - "Y." A. Yard an open space on a zoning lot which is unoccupied and unobstruct ed from its lowest ground level to the sky, except as otherwise permitted in the permitted intrusions in required yards in these Page 30 regulations. A yard extends along and at right angles to a lot line to a depth or width specified in the yard regulations for the zoning district in which such zoning lot is located. (Ord. 2861 § 1 (part), 3/17/1995; Ord. 2652 § 1 (part), 9/27/1991; Ord. 1709 § 1 (part), 12/22/1970) B. Yard, front extends along the full length of the front lot line, between the two side lot lines and to the closest building on the same lot, or to a distance designated in Zoning Regulations. (Ord. 2652 § 1 (part), 9/27/1991; Ord. 1709 § 1 (part), 12/22/1970) C. Yard, rear extends along the full length of the rear lot line, between the two side lot lines and to the closest principal building on the same lot, or to a distance designated in Zoning Regulations. (Ord. 2652 § 1 (part), 9/27/1991; Ord. 1709 § 1 (part), 12/22/1970) D. Yard, side extends along a side lot line from the front yard to the rear yard, between the side lot line and to the closest building on the same lot, or to a distance designated in Zoning Regulations. (Ord. 2652 § 1 (part), 9/27/1991; Ord. 1709 § 1 (part), 12/22/1970) 17.08.130 - "Z." A. Zone an area defined as to boundaries and location, and classified by the Zoning Regulations as available for certain types of uses, and which other types of uses are excluded. (Ord. 2652 § 1 (part), 9/27/1991; Ord. 1709 § 1 (part), 12/22/1970) B. Zoning lot a single tract of land located within a single block, which at the time of filing for a building permit, is designated by its owner or developer, as a tract to be used, developed, or built upon as a unit, under single ownership or control. A zoning lot may or may not coincide with a lot of record. (Ord. 2652 § 1 (part), 9/27/1991; Ord. 1709 § 1 (part), 12/22/1970) C. Zoning lot covenant an agreement, on a form provided by the Department of Community and Economic Development, which is recorded at the County auditor's Office by a property owner of two or more adjacent lots and which designates said lots as a single, inseparable building lot. (Ord. 3272, 2/16/2007; Ord. 2863 § 2, 4/14/1995) CHAPTER 17.10 - RS-7 RESIDENTIAL, SINGLE-FAMILY 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-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 of land 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 of the City. (Ord. 3123 § 3, 10/11/2002; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2385 § 1 (part), 3/28/1986; Ord. 1709 § 1 (part) 12/22/1970) Page 31 17.10.020 - Permitted uses. A. Adult family home. B. Detached single-family residences. (Ord. 2948 § 5 (part), 2/14/1997; Ord. 2926 § 2 (part), 8/16/1996; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2652 § 2 (part), 9/27/1991; Ord. 2385 § 1 (part), 3/28/1986; Ord. 1709 § 1 (part), 12/22/1970) 17.10.030 - Accessory uses. A. Garages and carports. B. Greenhouses, gazebos, storage sheds, and similar accessory structures. C. Swimming pools and cabanas. D. Private television satellite reception dishes. E. Other accessory uses determined by the Director of Community and Economic Development to be compatible with the intent of this chapter. (Ord. 2921 § 3, 6/28/1996; Ord. 2385 § 1 (part), 3/28/1986) 17.10.040 - Conditional uses. A. Accessory residential units. B. Agricultural nurseries and greenhouses. C. Art galleries and museums. D. Assisted living facility. E. Child day-care centers and pre-schools. F. Churches. G. Communications transmission buildings and structures; e.g., radio tower. H. Duplexes on lots greater than 10,500 square feet in area. I. Group homes and hospices. J. Libraries. K. Nursing and convalescent homes. L. Public and private schools. M. Public housing authority offices and maintenance structures located on public housing authority housing sites. N. Public parks and recreation facilities. O. Public utility structures. P. Radio and television stations, provided that antenna is on site. Q. Residential care facilities. R. Other uses compatible with the intent of this chapter. Page 32 (Ord. 3180 § 1 (part), 12/17/2004; Ord. 3013, 3/26/1999; Ord. 2948 § 5 (part), 2/14/1997; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2652 § 2 (part), 9/27/1991; Ord. 2636 § 2, 5/15/1991; Ord. 2385 § 1 (part), 3/28/1986; Ord. 1709 § 1 (part), 12/22/1970) 17.10.050 - Area and dimensional requirements. A. Minimum lot area: 7,000 square feet. B. Minimum lot width: 50 feet. C. Minimum setback: Front: 20 feet; Rear: 20 feet, except ten feet for detached accessory buildings in the rear one-third of the lot; Side, interior: Seven feet, except three feet for detached accessory buildings in the rear one-third of the lot; Side, abutting a street: 13 feet; Side, abutting an alley: ten feet; PROVIDED, however, that additional minimum setbacks to ensure a safe building site may be required when the property contains a bluff, ravine, stream, or similar feature. D. Maximum lot coverage: 30 percent, subject to paragraph F. below. E. Maximum site coverage: 50 percent, subject to paragraph F. below. F. In locations where stormwater runoff from structures, paved driveways, sidewalks, patios and other surfaces is designed shown, by a professional engineer licensed in the State of Washington, to infiltrate on-site, according to the requirements in Chapter 5 of the City of Port Angeles Urban Services Standards and Guidelines manual of the most recent edition* of the Stormwater Management Manual for Western Washington, portions of the project can be exempt from lot and site coverage calculations. (See PAMC 17.94.135 for exemptions.) A professional engineer licensed in the state of Washington is required to perform this infiltration assessment for sites which add 5,000 square feet or more of new or replaced hard surface area. *Typographical spelling error corrected in Ordinance 3272. G. Maximum building height: 30 feet. H. Density shall not exceed one dwelling unit for every 7,000 square feet of lot area (6.22 units/gross acre), except that an "accessory residential unit" and conditionally approved duplexes shall be exempt from density limitations. I. Conditional uses shall comply with the minimum standards in subsection 17.10.050.A., unless otherwise specified in Table "A" which is attached hereto and incorporated herein by this reference, or as may be increased by the City Council to ensure that specific conditional uses are compatible with the RS-7 zone. (Ord. 3390 § 2, 1/30/2010; Ord. 3343 § 2, 1/1/2009; Ord. 3180 § 1 (part), 12/17/2004; Ord. 2948 § 5 (part), 2/14/1997; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2385 § 1 (part), 3/28/1986; Ord. 1709 § 1 (part), 12/22/1970) 17.10.060 - Off-street parking. Page 33 Parking shall be provided as required by Chapter 14.40 of the Port Angeles Municipal Code. (Ord. 2948 § 5 (part), 2/14/1997; Ord. 2385 § 1 (part), 3/28/1986; Ord. 1709 § 1 (part), 12/22/1970) 17.10.070 - Signs. One sign per lot is permitted. This sign may be one square foot in area, unlighted, and displaying only the name of the occupant (or as otherwise specified in Table "A"); provided that official traffic signs, street signs, and identification and warning signs for public utility buildings and structures shall be exempt from these restrictions. (Ord. 2948 § 5 (part), 2/14/1997; Ord. 2385 § 1 (part), 3/28/1986; Ord. 1709 § 1 (part), 12/22/1970) CHAPTER 17.11 - RS-9 - RESIDENTIAL, SINGLE-FAMILY 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 variety in the urban land use pattern for the City's single-family residential neighborhoods, following a curvilinear street system of nonthrough public and private streets with irregularly 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 areas with large tracts of vacant buildable land. (Ord. 3123 § 4, 10/11/2002; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2385 § 1 (part), 3/28/1986; Ord. 1709 § 1 (part), 12/22/1970) 17.11.020 - Permitted uses. A. Adult family home. B. Detached single-family residences. (Ord. 2948 § 5 (part), 2/14/1997; Ord. 2926 § 2 (part), 8/16/1996; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2652 § 3, 9/27/1991; Ord. 2385 § 2 (part), 3/28/1986; Ord. 1945 § 1, 10/22/1977; Ord. 1709 § 1 (part), 12/22/1970) 17.11.030 - Accessory uses. A. Garages and carports. B. Non-commercial greenhouses, gazebos, storage sheds, and similar accessory structures. C. Non-commercial animal husbandry provided that: 1. Hoofed animals are housed no closer that 100 feet from any property line. Page 34 2. A minimum of one acre per hoofed animal is maintained. 3. A minimum five-foot high fence is installed on property lines. 4. Other animals are housed no closer than 25 feet from any property line. D. Private horse stables, provided that: 1. Stables are constructed no closer than 100 feet from any property line. 2. A minimum area of one acre per horse is maintained. 3. A minimum five-foot high fence is installed on property lines. E. Private television satellite reception dishes. F Swimming pools and cabanas. G. Other accessory uses determined by the Director of Community and Economic Development to be compatible with the intent of this chapter. (Ord. 3517 § 3, 10/21/2014; Ord. 3053 § 2 6/16/2000; Ord. 2921 § 4, 6/28/1996; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2385 § 2 (part), 3/28/1986; Ord. 1709 § 1 (part), 12/22/1970) 17.11.040 - Conditional uses. A. Accessory residential units. B. Agricultural nurseries and greenhouses. C. Art galleries and museums. D. Assisted living facility. E. Churches. F. Communications transmission buildings and structures; e.g., radio tower. G. Child day-care centers and pre-schools. H. Duplexes on lots not less than 14,000 square feet in area per Table A. I. Group homes and hospices. J. Libraries. K. Nursing and convalescent homes. L. Public parks and recreation facilities. M. Public utility structures. N. Public and private schools. O. Radio and television stations, provided that antenna is on site. P. Other uses compatible with the intent of this chapter. (Ord. 3517 § 3, 10/21/2014; Ord. 3478 § 8, 5/21/2013; Ord. 2948 § 5 (part), 2/14/1997; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2652 § 5, 9/27/1991; Ord. 2636 § 3, 5/15/1991; Ord. 2385 § 2 (part), 3/28/1986; Ord. 1709 § 1 (part), 12/22/1970) 17.11.050 - Area and dimensional requirements. A. Minimum lot area: 9,000 square feet. Page 35 B. Minimum lot width: 75 feet. C. Minimum setback: Front: 25 feet; Rear: 25 feet, except ten feet for detached accessory buildings in the rear one-third of the lot; Side, interior: Eight feet, except three feet for detached accessory buildings in the rear one-third of the lot; Side, abutting a street: 18 feet; PROVIDED, however, that additional minimum setbacks to ensure a safe building site may be required when the property contains a bluff, ravine, stream, or similar feature. D. Maximum lot coverage: 30 percent, subject to paragraph F. below. E. Maximum site coverage: 50 percent, subject to paragraph F. below. F. In locations where stormwater runoff from structures, paved driveways, sidewalks, patios and other surfaces is designed shown, by a professional engineer licensed in the State of Washington, to infiltrate on-site, according to the requirements in Chapter 5 of the City of Port Angeles Urban Services Standards and Guidelines manual of the most recent edition* of the Stormwater Management Manual for Western Washington, portions of the project can be exempt from lot and site coverage calculations. (See PAMC 17.94.135 for exemptions.) A professional engineer licensed in the state of Washington is required to perform this infiltration assessment for sites which add 5,000 square feet or more of new or replaced hard surface area. *The word "addition" in Ordinance 3343 corrected by codifier to "edition." G. Maximum building height: 30 feet. H. Density shall not exceed one dwelling unit for every 9,000 square feet of lot area (4.84 units/gross acre) except that an "accessory residential unit" and conditionally approved duplexes shall be exempt from density limitations. I. Conditional uses. Conditional uses shall comply with the minimum standards in subsection 17.11.050.A., unless otherwise specified in Table "A," or as may be increased by the City Council to ensure that specific conditional uses are compatible with the RS-9 zone. (Ord. 3390 § 3, 1/30/2010; Ord. 3343 § 3, 1/1/2009; Ord. 3180 § 1 (part), 12/17/2004; Ord. 2948 § 5 (part), 2/14/1997; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2385 § 2 (part), 3/28/1986; Ord. 1709 § 1 (part), 12/22/1970) 17.11.060 - Off-street parking. Parking shall be provided as required by chapter 14.40 of the Port Angeles Municipal Code. (Ord. 2948 § 5 (part), 2/14/1997; Ord. 2385 § 2 (part), 3/28/1986; Ord. 1709 § 1 (part), 12/22/1970) 17.11.070 - Signs. One sign per lot is permitted. This sign shall be one square foot in area, unlighted, and displaying only the name of the occupant (or as otherwise specified in Table "A"); provided that official traffic signs, street signs, Page 36 and identification and warning signs for public utility buildings and structures are exempt from these restrictions. (Ord. 2948 § 5 (part), 2/14/1997; Ord. 2385 § 2 (part), 3/28/1986; Ord. 1709 § 1 (part), 12/22/1970) CHAPTER 17.12 - RS-11 - RESIDENTIAL, SINGLE-FAMILY 17.12.010 - Purpose. This is a low density residential zone intended to create and preserve sub-urban sized single-family residential neighborhoods consisting of predominantly single-family homes on larger than standard sized townsite-sized lots, while maintaining densities at or more than four dwelling units per acre. 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 non- through public and private streets with irregularly 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 areas with large tracts of vacant buildable land. (Ord. 3180 § 1 (part), 12/17/2004) 17.12.020 - Permitted uses. A. Adult family home. B. Detached single-family residences. (Ord. 3180 § 1 (part), 12/17/2004) 17.12.030 - Accessory uses. A. Garages and carports. B. Greenhouses, gazebos, storage sheds, and similar accessory structures. C. Non-commercial animal husbandry provided that: 1. Hoofed animals are housed no closer that 100 feet from any property line. 2. A minimum of one acre per hoofed animal is maintained. 3. A minimum five-foot high fence is installed on property lines. 4. Other animals are housed no closer than 25 feet from any property line. D. Private horse stables, provided that: 1. Stables are constructed no closer than 100 feet from any property line. 2. A minimum area of one acre per horse is maintained. 3. A minimum five-foot high fence is installed on property lines. E. Private television satellite reception dishes. Page 37 F Swimming pools and cabanas. G. Other accessory uses determined by the Director of Community and Economic Development to be compatible with the intent of this chapter. (Ord. 3180 § 1 (part), 12/17/2004) 17.12.040 - Conditional uses. A. Accessory residential units. B. Agricultural nurseries and greenhouses. C. Art galleries and museums. D. Assisted living facility. E. Churches. F. Communications transmission buildings and structures; e.g., radio tower. G. Child day-care centers and pre-schools. H. Duplexes. (16,500 square feet) I. Group homes and hospices. J. Libraries. K. Nursing and convalescent homes. L. Public parks and recreation facilities. M. Public utility structures. N. Public and private schools. O. Radio and television stations, provided that antenna is on site. P. Residential care facilities. Q. Other uses compatible with the intent of this chapter. (Ord. 3180 § 1 (part), 12/17/2004) 17.12.050 - Area and dimensional requirements. A. Minimum lot area: 11,000 square feet. B. Minimum lot width: 75 feet. C. Minimum setback: Front: 25 feet; Rear: 25 feet, except ten feet for detached accessory buildings in the rear one-third of the lot; Side, interior: Eight feet, except three feet for detached accessory buildings in the rear one-third of the lot; Side, abutting a street: 18 feet; PROVIDED, however, that additional minimum setbacks to ensure a safe building site may be required when the property contains a bluff, ravine, stream, or similar feature. Page 38 D. Maximum lot coverage: 30 percent, subject to paragraph F. below. E. Maximum site coverage: 50 percent, subject to paragraph F. below. F. In locations where stormwater runoff from structures, paved driveways, sidewalks, patios and other surfaces is designed shown, by a professional engineer licensed in the State of Washington, to infiltrate on-site, according to the requirements in Chapter 5 of the City of Port Angeles Urban Services Standards and Guidelines manual of the most recent edition* of the Stormwater Management Manual for Western Washington, portions of the project can be exempt from lot and site coverage calculations. (See PAMC 17.94.135 for exemptions.) A professional engineer licensed in the state of Washington is required to perform this infiltration assessment for sites which add 5,000 square feet or more of new or replaced hard surface area. The word "addition" in Ordinance 3343 corrected by codifier to "edition." G. Maximum building height: 30 feet. H. Density shall not exceed one dwelling unit for every 11,000 square feet of lot area (3.96 units/gross acre) except that an "accessory residential unit" and conditionally approved duplexes shall be exempt from density limitations. I. Conditional uses. conditional uses shall comply with the minimum standards in subsection 17.12.050.A., unless otherwise specified in Table "A," or as may be increased by the City Council to ensure that specific conditional uses are compatible with the RS-11 zone. (Ord. 3390 § 4, 1/30/2010; Ord. 3343 § 4, 1/1/2009; Ord. 3180 § 1 (part), 12/17/2004) 17.12.060 - Off-street parking. Parking shall be provided as required by Chapter 14.40 of the Port Angeles Municipal Code. (Ord. 3180 § 1 (part), 12/17/2004) 17.12.070 - Signs. One sign per lot is permitted. This sign shall be one square foot in area, unlighted, and displaying only the name of the occupant (or as otherwise specified in Table "A"); provided that official traffic signs, street signs, and identification and warning signs for public utility buildings and structures are exempt from these restrictions. (Ord. 3180 § 1 (part), 12/17/2004) CHAPTER 17.13 - RTP - RESIDENTIAL TRAILER PARK 17.13.010 - Purpose. 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. Page 39 (Ord. 3123 § 5, 10/11/2002; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2668 § 4 (part), 1/17/1992; Ord. 1709 § 1 (part), 12/22/1970). 17.13.020 - Permitted uses. A. Manufactured homes on individual lots that meet the development standards minimum lot area and dimension requirements of the RS-7 zone. (Ord. 3180 § 1 (part), 12/17/2004; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2796 § 7, 2/11/1994) B. Mobile homes. (Ord. 2861 § 1 (part), 3/17/1995; Ord. 2796 § 7, 2/11/1994; Ord. 2668 § 4 (part), 1/17/1992; Ord. 2300 § 2 (part), 5/29/1984; Ord. 1709 § 1 (part), 12/22/1970) C. Trailer parks. (Ord. 2861 § 1 (part), 3/17/1995) 17.13.030 - Accessory uses and buildings. A. Garages and carports. B. Greenhouses, gazebos, storage sheds, and similar accessory structures. C. Swimming pools and cabanas. D. Private television satellite reception dishes. E. Community recreation rooms and laundry rooms. F. Playground equipment. G. Manager's office. H. Propane fuel storage tanks. I. Shower and laundry rooms. J. Lavatories. K. Other accessory uses determined by the Director of Community and Economic Development to be compatible with the intent of this chapter. (Ord. 2921 § 5, 6/28/1996; Ord. 2668 § 4 (part), 1/17/1992; Ord. 2300 § 2 (part), 5/29/1984; Ord. 1709 § 1 (part), 12/22/1970) 17.13.040 - Conditional uses. Trailer supplies office. (Ord. 2668 § 4 (part), 1/17/1992; Ord. 2300 § 2 (part), 5/29/1984; Ord. 1709 § 1 (part), 12/22/1970) 17.13.050 - Area and dimensional requirements for trailer parks. A. Minimum lot area: Four acres for trailer park; 3,500 square feet individual site. Page 40 B. Minimum lot width: 400 feet for trailer park; 40 feet per individual site. C. Minimum yard requirements: TRAILER PARK - No building, trailer, structure, cabana, carport shall be permitted closer than 30 feet to the nearest public right-of-way, and no closer than ten feet to any property line of a trailer park. D. Individual trailer sites: 1. Front: 14 feet to front property line of individual site. 2. Rear: Ten feet to rear property line of individual site. 3. Sides: Seven feet to side property line of individual site. E. Minimum total land area required for a trailer park shall be four acres. F. Density shall not exceed one trailer for every 5,000 square feet (8.71 units/acre) of total land area. Said total land area ratio to include driveways, toilet and laundry buildings, playground-recreation open spaces, individual trailer sites, and caretaker's quarters. G. Each individual trailer site shall have a minimum lot area of 3,500 square feet and a minimum lot width of 40 feet. H. A minimum of ten percent of the total area of a trailer park shall be reserved and shall be used solely and exclusively for a playground-recreation open space. I. No building, trailer, structure, cabana, carport, or solid fence shall be permitted closer than 30 feet to any property line that abuts a street or public right-of-way, and no closer than ten feet to any other property line. J. In the interests of fire prevention, there shall be a minimum space of 14 feet between trailers, including cabanas. (Ord. 2948 § 5 (part), 2/14/1997; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2796 § 8, 2/11/1994; Ord. 2668 § 4 (part), 1/17/1992; Ord. 2300 § 2 (part), 5/29/1984; Ord. 1709 § 1 (part), 12/22/1970) 17.13.060 - Off-street parking required. Parking shall be provided as required by Chapter 14.40 of the Port Angeles Municipal Code. (Ord. 2948 § 5 (part), 2/14/1997; Ord. 2668 § 4 (part), 1/17/1992; Ord. 2300 § 2 (part), 5/29/1984; Ord. 1709 § 1 (part), 12/22/1970) 17.13.070 - Signs permitted. A. Signs no larger than 12 square feet, unlighted, one per trailer park. B. Signs no larger than one square feet, unlighted, one per individual site. (Ord. 2668 § 4 (part), 1/17/1992; Ord. 2300 § 2 (part), 5/29/1984; Ord. 1709 § 1 (part), 12/22/1970) 17.13.080 - Trailers. House trailers, automobiles, automobile trailers, mobile homes, park model manufactured homes, boats, recreation vehicles, vacation trailers and campers used for residential purposes shall not be permitted for occupancy in the City of Port Angeles except in approved trailer parks or as permitted by section 17.95.060 PAMC (temporary use permit). Page 41 (Ord. 3155 § 6, 1/30/2005; Ord. 2948 § 5 (part), 2/14/1997; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2668 § 4 (part), 1/17/1992; Ord. 2300 § 2 (part), 5/29/1984; Ord. 1709 § 1 (part), 12/22/1970) 17.13.090 - Trailer parks. A. No person, company or corporation shall establish a new trailer park or mobile home park or enlarge an existing trailer or mobile home park within the City limits of Port Angeles without first obtaining a permit for a trailer park from the Port Angeles Planning Commission. B. Permit fees shall be as set forth in Chapter 3.70 PAMC. C. Said permit shall require the following: 1. A plot plan showing the location of the proposed trailer park and all buildings, sanitary facilities, playground-recreation open space, utility buildings, driveways, and individual trailer sites, including all dimensions of the trailer park tract, each individual trailer site, parking facilities and patio, and including plans and specifications of all buildings shall be submitted to the Planning Commission. 2. Approval of the Building Official, City Engineer, Fire Chief and City Manager and Health Officer, regarding City codes, ordinances and standards. (Ord. 2932 § 34, 10/11/1996; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2668 § 4 (part), 1/17/1992; Ord. 2300 § 2 (part), 5/29/1984; Ord. 1709 § 1 (part), 12/22/1970) 17.13.100 - Additional development standards. A. Location: Trailer parks may be located upon approval of the Planning Commission and by conditional permit from said Commission, in any zone in which multiple dwellings are permitted. Each boundary of the park must be at least 200 feet from any permanent residential building located outside the park, unless separated therefrom by a natural or artificial barrier, or unless a majority of the property owners according to area within said 200 feet, consent in writing to the establishment of the park. B. Driveways, walkways: 1. All mobile home spaces shall abut upon a private roadway, which is not less than 25 feet in width and which shall have unobstructed access to a public street or highway. 2. Walkways not less than two feet wide shall be provided from the mobile home spaces to the service buildings. 3. All driveways and walkways within the park shall be lighted at night with electric lamps of not less than 50 watts each, spaced at intervals of not more than 100 feet. C. Screening: Excepting the entrance-driveway, a screening of evergreen trees or shrubs shall be maintained at a planting height of five feet and at a height of 12 feet at full growth, in the front, side, and rear yards of every trailer park. D. Signs: Signs not to exceed 12 square feet shall be permitted. No lighted signs of any kind shall be permitted. One sign per trailer park. E. Sanitation facilities: Each trailer park shall be provided with toilets, baths, or showers, slop sinks and other sanitation facilities which shall conform to all City and State Health Rules and Codes. F. Water supply: An adequate supply of pure water for drinking and domestic purposes shall be supplied by pipes to all buildings and mobile home spaces within the park to meet the requirements of the park. Each mobile home space shall be provided with a cold water tap at least four inches above the ground. An adequate supply of hot water shall be provided at all times in the service buildings for all bathing, washing, cleansing, and laundry facilities. Page 42 G. Laundry facilities: Laundry facilities shall be provided with one single laundry tray and one automatic or semi-automatic type washing machine for each ten mobile home spaces or any less number thereof. H. Service buildings: 1. Service buildings housing sanitation and laundry facilities shall be permanent structures complying with all applicable ordinances and statutes regulating building, electrical installations, and plumbing systems. 2. Service buildings housing sanitation facilities shall be located not closer than 20 feet nor farther than 200 feet from any mobile home space. I. Sewage and refuse disposal: Waste from showers, bath tubs, flush toilets, urinals, lavatories, slop sinks, and laundries in service and other buildings and from each trailer within the park shall be discharged into a public sewer system in compliance with applicable ordinances. J. Garbage receptacles: Regulation garbage receptacles with tight-fitting covers shall be provided in quantities to permit disposal of all garbage and rubbish. Garbage receptacles may be located in groups not farther than 100 feet from any mobile home space. The receptacles shall be kept in sanitary condition at all times. Garbage and rubbish shall be collected and disposed of as frequently as may be necessary to ensure that individual garbage receptacles shall not overflow. K. Fire protection: Every park shall be equipped at all times with fire extinguishing equipment in good working order, of such type, size and number and so located within the park as to satisfy applicable reasonable regulations of the Fire Department. No open fires shall be permitted at any place which may endanger life or property. (Ord. 3180 § 1 (part), 12/17/2004; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2668 § 4 (part), 1/17/1992; Ord. 2300 § 2 (part), 5/29/1984; Ord. 1709 § 1 (part), 12/22/1970) CHAPTER 17.14 - RMD - RESIDENTIAL, MEDIUM DENSITY 17.14.010 - Purpose. This is a medium density residential zone, that allows a mix of single-family, duplexes, and apartments at a density greater than single-family neighborhoods but less than the higher densities of the RHD zone. The permitted uses in the RMD zone are also intended to be more restrictive than the RHD Zone. Commercial uses are not considered to be compatible. Few nonresidential uses are allowed in this zone and then only conditionally, because of land use impacts associated with nonresidential uses. This zone provides for a variety in the urban land use pattern for the City's lower density multi-family residential neighborhoods (at twice the density of the City's basic single-family residential neighborhoods) with direct access on an arterial street, usually located in outlying areas with large tracts of vacant buildable land, and serving as a transitional use between low density residential uses and commercial/industrial uses. (Ord. 3272, 2/16/2007; Ord. 3123 § 6, 10/11/2002; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2715 § 7 (part), 10/16/1992) 17.14.020 - Permitted uses. A. Accessory residential units. B. Adult family homes. C. Apartments. Page 43 D. Duplexes. E. Single-family residences. (Ord. 2948 § 5 (part), 2/14/1997; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2715 § 7 (part), 10/16/1992) 17.14.025 - Accessory uses. A. Garages and carports B. Greenhouses, gazebos, storage sheds, and similar accessory structures. C. Swimming pools and cabanas. D. Private television satellite reception dishes. E. Community recreation rooms and laundry rooms. F. Playground equipment. G. Manager's office. H. Other accessory uses determined by the Director of Community and Economic Development to be compatible with the intent of this chapter. (Ord. 3272, 2/16/2007; Ord. 2921 § 6, 6/28/1996; Ord. 2861 § 1 (part), 3/17/1995) 17.14.030 - Conditional uses. A. Art galleries and museums. B. Assisted living facility. C. Child day-care centers and pre-schools. D. Churches. E. Group homes and hospices. F. Libraries. G. Nursing and convalescent homes. H. Public parks and recreation facilities. I. Public and private schools. J. Residential care facilities. K. Social service agencies providing 24-hour residential care. L. Utility buildings and structures. M. Other uses compatible with the intent of this chapter. (Ord. 2956 § 2, 4/25/1997; Ord. 2948 § 5 (part), 2/14/1997; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2715 § 7 (part), 10/16/1992) 17.14.040 - Area and dimensional requirements. A. Minimum lot area shall be 7,000 square feet. Page 44 B. Density shall not exceed two dwelling units for the first 7,000 square feet of lot area, plus one unit for each additional 3,500 square feet of lot area. (Maximum 12.44 units/acre) C. Minimum setback: Front: 25 feet from front property line. Sides: No structure shall be permitted closer than seven feet to any side lot line on the front two-thirds of the lot. Detached accessory buildings only on the rear one-third of the lot may be permitted to within three feet of the side lot line. On corner lots, the side yard abutting a street shall have a setback of 13 feet. Rear: No residential structure shall be permitted within 25 feet of the rear property line. Detached accessory buildings are permitted not closer than ten feet to the rear property line or alley. D. Maximum lot coverage: 40 percent, subject to paragraph F. below. E. Maximum site coverage: 70 percent, subject to paragraph F. below. F. Exceptions to maximum lot and site coverage: 1. An additional ten percent coverage that enables development to achieve the allowed maximum density of the RMD zone per 17.14.040.B.; or 2. An additional ten percent coverage for development that is reserved as affordable housing. All applicants seeking bonus impervious surface for inclusion of affordable housing shall provide a mechanism to ensure that affordable housing remains affordable for the life of the project. Such mechanism shall be approved by the City Attorney in conjunction with the Department of Community and Economic Development, and shall be recorded on the land title; in addition: 3. In locations where stormwater runoff from structures, paved driveways, sidewalks, patios and other surfaces is designed shown, by a professional engineer licensed in the State of Washington, to infiltrate on-site, according to the requirements in Chapter 5 of the City of Port Angeles Urban Services Standards and Guidelines manual of the most recent edition* of the Stormwater Management Manual for Western Washington, portions of the project can be exempt from lot and site coverage calculations. (See PAMC 17.94.135 for exemptions.) A professional engineer licensed in the state of Washington is required to perform this infiltration assessment for sites which add 5,000 square feet or more of new or replaced hard surface area. *The word "addition" in Ordinance 3343 corrected by codifier to "edition." G. Maximum building height: 35 feet. In order to reduce impervious surfaces, building height may exceed the standard in the underlying zone to a maximum of twenty percent; provided that the project design protects adjacent uses both inside and outside of the development site from adverse impacts on privacy, light, air and significant public views. An increase in building height must be shown to reduce site coverage by a similar percentage. (Ord. 3343 § 5, 1/1/2009; Ord. 3253, 7/14/2006; Ord. 3180 § 1 (part), 12/17/2004; Ord. 2948 § 5 (part), 2/14/1997; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2715 § 7 (part), 10/16/1992) 17.14.050 - Off-street parking. Parking shall be provided as required by Chapter 14.40 of the Port Angeles Municipal Code. (Ord. 2715 § 7 (part), 10/16/1992) 17.14.060 - Signs permitted. Page 45 One sign per building is allowed. Signs shall not exceed ten square feet in area and shall not be flashing or intermittent. Additional signage may be allowed with Planning Commission approval of a conditional use permit. (Ord. 2715 § 7 (part), 10/16/1992) 17.14.070 - Design and landscaping for apartments. A. All designated outdoor storage areas, except for City mechanized refuse collection system containers, shall be screened from view from public rights-of-way and abutting property by a vision-obscuring fence six feet in height. B. All lighting on the site shall be directed away from adjoining residential properties and public rights-of- way. C. Unused space that is over 24 square feet in area and results from the design of parking space arrangements or accessory structures shall be landscaped. D. All required parking areas shall include tree landscaping of at least one tree such that the tree canopy covers at least 20 percent of the total paved area after a period of 5 years, for each group of six or fewer parking spaces with a minimum of two (2) trees, exclusive of any required perimeter landscaping. Vegetation within LID facilities may be used to meet landscaping requirements. [Illustration - 11 parking spaces requires two trees; 12 spaces requires two trees; 13 spaces requires three trees.] The trees shall be of a type approved by the City, and be at least two-inch caliper at time of planting, and placed in a minimum planting area of 100 square feet. Trees shall attain a minimum height of at least 20 feet at maturity. Alternatively, landscaping plans with functionally compatible planters and equivalent vegetative cover may be submitted for approval by the Director of Community and Economic Development as mitigation for this requirement when site constraints deem necessary. Refer to 15.20.070 and 15.20.080 PAMC for appropriate pruning and vegetation management techniques. To ensure survivability of vegetation and tree coverage goal, a 5-year bond or other surety for 5% of the total landscape project costs shall be required. E. All parking lots shall be screened by a three-foot to six-foot vision-obscuring fence or vegetation on all sides adjacent to residentially zoned property; except that parking lots with less than 900 square feet of contiguous area shall be exempt from this landscaping requirement. F. Parking areas shall have interspersed landscaped islands and shall have no more than eight consecutive parking spaces. Islands with vegetation within LID facilities may be used to meet landscaping requirements. Underground parking and parking included in a parking structure are excluded from this requirement. G. At least 30 percent of the site shall be landscaped with a mixture of ground cover, shrubs, and trees. (Ord. 3272, 2/16/2007; Ord. 2715 § 7 (part), 10/16/1992) CHAPTER 17.15 - RHD - RESIDENTIAL, HIGH DENSITY 17.15.010 - Purpose. This is a high density residential zone for multi-family residential structures. Compatible uses may be allowed on conditional use permits but the zone is still regarded as a residential area, and commercial enterprises are not generally felt to be compatible. Few nonresidential uses are allowed in this zone and then only conditionally, because of land use impacts associated with nonresidential uses. This zone provides the basic urban land use pattern for the City's higher density multi-family residential neighborhoods Page 46 (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. 3123 § 7, 10/11/2002; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2715 § 3, 10/17/1992; Ord. 2668 § 3 (part), 1/17/1992; Ord. 2652 § 5 (part), 9/27/1991; Ord. 2636 § 9 (part), 5/15/1991) 17.15.020 - Permitted uses. A. Adult family homes. B. Multi-family dwellings, apartments, duplexes, dormitories, accessory residential units. C. Single-family residences. (Ord. 3272, 2/16/2007; Ord. 2948 § 5 (part), 2/14/1997; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2668 § 3 (part), 1/17/1992; Ord., 2666 § 3 (part), 1/17/1992; Ord. 2652 § 6 (part), 9/27/1991; Ord. 2636 § 9 (part), 5/15/1991; Ord. 2397 § 1 (part), 6/16/1986; Ord. 1709 § 1 (part), 12/22/1970) 17.15.030 - Accessory uses. A. Garages and carports. B. Greenhouses, gazebos, storage sheds, and similar accessory structures. C. Swimming pools and cabanas. D. Private television satellite reception dishes. E. Community recreation rooms and laundry rooms. F. Playground equipment. G. Manager's office. H. Other accessory uses determined by the Director of Community and Economic Development to be compatible with the intent of this chapter. (Ord. 3272, 2/16/2007; Ord. 2921 § 7, 6/28/1996; Ord. 2861 § 1 (part), 3/17/1995) 17.15.040 - Conditional uses. A. Art galleries and museums. B. Assisted living facilities. C. Child day-care centers and pre-schools. D. Churches. E. Funeral homes and mortuaries. F. Group homes and hospices. G. Libraries. H. Nursing and convalescent homes. I. Public and private schools. Page 47 J. Public parks and recreation facilities. K. Residential care facilities. L. Social service agencies providing 24-hour residential care. M. Utility buildings and structures. N. Other uses compatible with the intent of this chapter. (Ord. 3272, 2/16/2007; Ord. 3155 § 7, 1/30/2004; Ord. 3071 § 4 (part), 12/15/2000; Ord. 2956 § 3, 4/25/1997; Ord. 2948 § 5 (part), 2/14/1997; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2796 § 6, 2/11/1994; Ord. 2668 § 3 (part), 1/17/1992; Ord. 2666 § 3 (part), 1/17/1992; Ord. 2652 § 6 (part), 9/27/1991; Ord. 2636 § 9 (part), 5/15/1991; Ord. 2535 § 1, 5/24/1989; Ord. 2397 § 1 (part), 6/16/1986; Ord. 1709 § 1 (part), 12/22/1970) 17.15.050 - Area and dimensional requirements. A. Minimum lot area: 7,000 square feet. B. Density shall not exceed two dwelling units for the first 7,000 square feet of lot area plus one dwelling unit for each additional 1,000 square feet of lot area (maximum 38.56 units/acre). C. Minimum setback: Front: 25 feet from front lot line. Sides: No structure shall be permitted closer than seven feet to any side lot line on the front two-thirds of the lot. Detached accessory buildings only, on the rear one-third of the lot may be permitted to within three feet of the side line. On corner lots, the side yard abutting a street shall have a setback of 13 feet unless more is required by Ordinance No. 1635. Rear: No residential structure shall be permitted within 25 feet of the rear property line. Detached accessory buildings are permitted not closer than ten feet to the rear property line or alley. D. Maximum lot coverage: 45 percent, subject to paragraph F. below. E. Maximum site coverage: 75 percent, subject to paragraph F. below. F. Exceptions to maximum lot and site coverage: 1. An additional ten percent coverage that enables development to achieve the allowed maximum density of the RHD zone per 17.15.050.B.; or 2. An additional ten percent coverage for development that is reserved as affordable housing. All applicants seeking bonus impervious surface for inclusion of affordable housing shall provide a mechanism to ensure that affordable housing remains affordable for the life of the project. Such mechanism shall be approved by the City Attorney in conjunction with the Department of Community and Economic Development, and shall be recorded on the land title; in addition: 3. In locations where stormwater runoff from structures, paved driveways, sidewalks, patios and other surfaces is designed shown, by a professional engineer licensed in the State of Washington, to infiltrate on-site, according to the requirements in Chapter 5 of the City of Port Angeles Urban Services Standards and Guidelines manual of the most recent edition* of the Stormwater Management Manual for Western Washington, portions of the project can be exempt from lot and site coverage calculations. (See PAMC 17.94.135 for exemptions.) A professional engineer licensed in the state of Washington is required to perform this infiltration assessment for sites which add 5,000 square feet or more of new or replaced hard surface area. *The word "addition" in Ordinance 3343 corrected by codifier to "edition." Page 48 G. Maximum building height - 35 feet. In order to reduce impervious surfaces, building height may exceed the standard in the underlying zone to a maximum of twenty percent; provided that the project design protects adjacent uses both inside and outside of the development site from adverse impacts on privacy, light, air and significant public views. An increase in building height must be shown to reduce site coverage by a similar percentage. On properties containing marine bluff or required marine bluff buffers, the building height increase shall not exceed 50% of the building footprint. (Ord. 3343 § 6, 1/1/2009; Ord. 3042 § 3 (part) 1/28/2000; Ord. 2948 § 5 (part), 2/14/1997; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2668 § 3 (part), 1/17/1992; Ord. 2666 § 3 (part), 1/17/1992; Ord. 2652 § 6 (part), 9/27/1991; Ord. 2636 § 9 (part), 5/15/1991; Ord. 2397 § 1 (part), 6/16/1986; Ord. 1709 § 1 (part), 12/22/1970) 17.15.060 - Off-street parking. Parking shall be provided as required by Chapter 14.40 of the Port Angeles Municipal Code. (Ord. 2948 § 5 (part), 2/14/1997; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2668 § 3 (part), 1/17/1992; Ord. 2666 § 3 (part), 1/17/1992; Ord. 2652 § 6 (part), 9/27/1991; Ord. 2636 § 9 (part), 5/15/1991; Ord. 2538 § 1, 6/28/1989; Ord. 2397 § 1 (part), 6/16/1986; Ord. 1709 § 1 (part), 12/22/1970) 17.15.070 - Signs permitted. A. Permitted uses: Signs not larger than ten square feet, lighted, but not flashing or intermittent. One per building. B. Conditional uses: Size and type as determined by Planning Commission. (Ord. 2861 § 1 (part), 3/17/1995; Ord. 2668 § 3 (part), 1/17/1992; Ord. 2666 § 3 (part), 1/17/1992; Ord. 2652 § 6 (part), 9/27/1991; Ord. 2636 § 9 (part), 5/15/1991; Ord. 2538 § 1, 6/28/1989; Ord. 2397 § 1 (part), 6/16/1986; Ord. 1709 § 1 (part), 12/22/1970) 17.15.080 - Design and landscaping. A. All outdoor storage areas, except for City mechanized refuse collection system containers, shall be screened from view from public rights-of-way and abutting property by a vision-obscuring fence six feet in height. B. All lighting on the site shall be so directed as to reflect away from adjoining residential properties and public rights-of-way. C. Unused space that is over 24 square feet and results from the design of parking space arrangements or accessory structures shall be landscaped. D. All required parking areas shall include tree landscaping of at least one tree such that the tree canopy covers at least 20 percent of the total paved area after a period of 5 years, for each group of six or fewer parking spaces with a minimum of two (2) trees, exclusive of any required perimeter landscaping. Vegetation within LID facilities may be used to meet landscaping requirements. [Illustration - 11 parking spaces requires two trees; 12 spaces requires two trees; 13 spaces requires three trees.] The trees shall be of a type approved by the City, and be at least two-inch caliper at time of planting, and placed in a minimum planting area of 100 square feet. Trees shall attain a minimum height of at least 20 feet at maturity. Alternatively, landscaping plans with functionally compatible planters and equivalent vegetative cover may be submitted for approval by the Director of Community and Economic Page 49 Development as mitigation for this requirement when site constraints deem necessary. Refer to 15.20.070 and 15.20.080 PAMC for appropriate pruning and vegetation management techniques. To ensure survivability of vegetation and tree coverage goal, a 5-year bond or other surety for 5% of the total landscape project costs shall be required. E. Parking areas shall have interspersed landscaped islands and shall have no more than eight consecutive parking spaces. Islands with vegetation within LID facilities may be used to meet landscaping requirements. Underground parking and parking included in a parking structure are excluded from this requirement. F. All parking lots shall be screened by a three-foot to six-foot vision-obscuring fence or vegetation on all sides adjacent to residentially zoned property. G At least 30 percent of the site shall be landscaped with a mixture of ground cover, shrubs, and trees. (Ord. 3272, 2/16/2007; Ord. 3180 § 1 (part), 12/17/2004; Ord. 3042 § 3 (part) 1/28/2000; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2668 § 3 (part), 1/17/1992; Ord. 2666 § 3 (part), 1/17/1992) CHAPTER 17.17 - HO - HOME OCCUPATIONS PERMIT 17.17.010 - Purpose. The purpose of this chapter is to ensure that an occupation or business undertaken within a dwelling unit located in a residential zone is incidental and subordinate to the primary use and is compatible with the residential character of the neighborhood. This chapter provides for home occupations within residential zones to be permitted through a special use permit process. (Ord. 3123 § 8 (part), 10/11/2002; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2103 § 2, 10/18/1980) 17.17.011 - Conflict with other ordinances. Should any of the provisions or definitions of any other chapter of Title 17 conflict with or overlap any of the provisions or definitions of this chapter, whichever imposes the more stringent regulations shall prevail. (Ord. 3272, 2/16/2007; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2103 § 3, 10/18/1980) 17.17.012 - Definitions. A. "Home occupation" is a special use that allows for an occupation or business activity that results in a product or service and is conducted in whole or in part in the dwelling unit, and is clearly incidental and subordinate to the residential use of the property. B. "Commercial vehicle" is a licensed (according to tonnage), motorized vehicle designed for transportation of commodities, merchandise, produce, freight, animals, or passengers, and operated in conjunction with a business, occupation, or home occupation. This term shall include, but is not limited to, automobiles, trucks, tractor/trailers, and vans. (Ord. 3272, 2/16/2007; Ord. 3123 § 8 (part), 10/11/2002; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2265 § 2, 9/19/1983; Ord. 2103 § 4, 10/18/1980) 17.17.020 - Applicability. Page 50 A home occupation permit in accordance with the provisions of this chapter is required for all home occupations occurring in residential use districts except those exempted pursuant to PAMC 17.17.030. A home occupation permit is a special use permit as defined in PAMC 17.08.095. (Ord. 3123 § 8 (part), 10/11/2002; Ord. 3042 § 3 (part) 1/28/2000; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2103 § 5, 10/18/1980) 17.17.030 - Home occupations exempted. The following home occupations shall be exempted when all the development standards in section 17.17.040 and specific conditions applicable to each use are met: A. Authors, composers, writers. B. Building contractors, home builders, building tradesmen, landscaping services, janitorial services, commercial loggers, divers, truck drivers, PROVIDED 1. No more than one commercial vehicle, no matter how many different home occupations are occurring at one site, is parked on the premises or the adjacent street at one time; 2. No outside storage of materials or equipment, except hand-carried tools, on the premises; 3. Only family members working in the residence may park their vehicles on the property or the adjacent street as part of the conducting of the business. C. Family day-care homes that provide day-care during part of the 24-hour day to 12 or fewer children incidental to a primary residential use. D. Retail and wholesale salespersons, business representatives, PROVIDED 1. No customers visit the premises; 2. No products, except samples, are stored on the premises; 3. Only family members working in the residence may park their vehicles on the property or the adjacent street as part of the conducting of the business. (Ord. 3137 § 1, 2/24/2003; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2652 § 16, 9/27/1991; Ord. 2103 § 6, 10/18/1980) 17.17.040 - Development standards. All home occupations shall comply with the following development standards: A. There shall be no exterior display, no exterior sign, no exterior storage of materials (not including commercial vehicles and as listed in PAMC 17.17.030(B)(3)), and no other indication or appearance of a business that would detract from the residential character of the area. B. If the operation is the type where customers or clients come to the home, the Director of Community and Economic Development shall determine the number of visitations per day that is compatible with the area. C. If customers or clients visit the home, the hours of operation shall be from 9:00 a.m. to 5:00 p.m., unless otherwise specified by the Director of Community and Economic Development. D. If the operation is the type in which classes are held or instruction given, the Director of Community and Economic Development shall determine the number of students per day that is compatible with the area. Page 51 E. Employees working on the premises shall be limited to members of the family residing in the dwelling unit, unless otherwise specified by the Director of Community and Economic Development; PROVIDED that the number of non-family employees shall not exceed one. F. On-premise retail sale of goods not produced, processed or fabricated in the dwelling unit shall not be permitted. G. Home occupations shall be conducted in whole or in part in the dwelling unit but not in an accessory building unless otherwise specified by the Director of Community and Economic Development; PROVIDED that the dwelling unit and accessory building in which the home occupation is conducted shall occur on the same parcel. H. The number of off-street parking spaces shall be determined by the Director of Community and Economic Development. Any improvements to the parking area shall be determined by the City Engineer in accordance with Chapter 14.40 PAMC whereby said improvements shall be completed within two years of the date of approval. (Ord. 3272, 2/16/2007; Ord. 3071 § 4 (part), 12/15/2000; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2595 § 4, 6/27/1990; Ord. 2265 § 3, 9/19/1983; Ord. 2103 § 7, 10/18/1980) 17.17.050 - Application and notice procedures. The application for a home occupation permit shall be submitted on a form obtained from the Department of Community and Economic Development and shall be acknowledged by the owner of the property, if other than the applicant. In addition to the notice procedures contained in PAMC 18.02.050, notice shall be mailed to the latest recorded real property owners within at least 300 feet of the boundary of the site as shown by the records of the County Assessor. Mailing labels shall be provided by the applicant. (Ord. 3272, 2/16/2007; Ord. 3042 § 3 (part) 1/28/2000; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2595 § 4, 6/27/1990; Ord. 2103 § 8, 10/18/1980) 17.17.060 - Routing and staff recommendations. Upon receipt of an application satisfying the requirements of section 17.17.050, the Department of Community and Economic Development shall route the same to all appropriate departments. Each such department shall submit to the Department of Community and Economic Development recommendations and comments regarding the application. The Department of Community and Economic Development shall prepare a report to the Director of Community and Economic Development summarizing the factors involved, the recommendations of other departments, and the Department of Community and Economic Development recommendation and findings. A copy of the report shall be mailed to the applicant and copies shall be made available, at cost, for use by any interested party. (Ord. 3272, 2/16/2007; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2595 § 4, 6/27/1990; Ord. 2103 § 9, 10/18/1980) 17.17.080 - Director of Community and Economic Development decision. The Director's decision shall be in written form with findings based upon compliance with section 17.17.010, 17.17.040 and the following criteria: A. That the home occupation does not involve equipment or processes which introduce noise, smoke, dust, fumes, vibrations, odors, and other hazards in excess of those normally found in residential areas. Page 52 B. That the home occupation does not significantly increase local vehicular or pedestrian traffic. C. That the home occupation shall not be injurious or detrimental to adjoining or abutting properties. D. That the home occupation shall not endanger the public health, morals, safety, and welfare; and that it is in the public interest. E. The Director of Community and Economic Development decision shall include a condition that home occupations be forwarded to the Public Works and Utilities Department for the determination of utility charges. (Ord. 3272, 2/16/2007; Ord. 2911 § 3, 3/29/1996; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2595 § 4, 6/27/1990; Ord. 2103 § 11, 10/18/1980) 17.17.090 - Special review. Persons with demonstrated physical handicaps may be permitted special review by the Director of Community and Economic Development. Such applicant may request waiver of Development Standard E and/or F. No waiver of the criteria of section 17.17.080 will be considered. (Ord. 3272, 2/16/2007; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2595 § 4, 6/27/1990; Ord. 2103 § 12, 10/18/1980) 17.17.095 - Special review criteria. In addition to the criteria of section 17.17.080, the Director of Community and Economic Development shall base his decision on a special review upon the following criteria: A. The waiver of any development standard shall not change the basic residential character of the dwelling unit nor detract in any way from the residential character of the neighborhood. (Ord. 3272, 2/16/2007; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2595 § 4, 6/27/1990; Ord. 2103 § 13, 10/18/1980) 17.17.110 - Limitations. A. Once a home occupation permit has been issued, it shall not be transferred to another person or to a location other than as stated on the permit. B. The initial time limit on approved home occupation permits shall not exceed one year, after which time extensions may be granted as provided in this chapter. (Ord. 3042 § 3 (part) 1/28/2000; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2595 § 4, 6/27/1990; Ord. 2103 § 16, 10/18/1980) 17.17.200 - Appeals. A. Any person aggrieved by the decision of the Director of Community and Economic Development may appeal the decision to the City Council. B. Appeals shall be submitted to the Department of Community and Economic Development in writing within 15 days following the date of the decision. Page 53 C. The City Council shall conduct an open record public hearing on the appeal of the Director of Community and Economic Development's decision with notice being given as set forth in PAMC 17.96.140. The Council's decision shall be final unless appealed to Clallam County Superior Court in accordance with PAMC 17.96.150. (Ord. 3272, 2/16/2007; Ord. 3042 § 3 (part) 1/28/2000) 17.17.210 - Extensions. A. Extensions of approved home occupation permits shall be considered in accordance with the same procedures as for the original permit application and may be granted for specified or unspecified time periods provided that the following minimum criteria are met: 1. The use complies with the permit conditions; and 2. There have been no significant, adverse changes in circumstances. B. Upon written request for an extension submitted to the Department of Community and Economic Development prior to the expiration of the home occupation permit, said permit shall be automatically extended for 90 days to allow the City to review and process the extension request. (Ord. 3272, 2/16/2007; Ord. 3042 § 3 (part) 1/28/2000) 17.17.300 - Revocation. Any permit issued pursuant to the terms of this chapter may be revoked in accordance with the provisions of Chapter 1, Section 13, Ordinance No. 2050. (Ord. 3042 § 3 (part) 1/28/2000; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2103 § 18, 10/18/1980) 17.17.310 - Penalties. A. Any person violating any provision of this chapter shall be guilty of a misdemeanor, and shall be punished by a fine not to exceed $500.00. Each day that a violation continues shall constitute a separate offense. B. In addition to the criminal penalty of subsection A. hereof, any person operating under an exemption authorized by any portion of this chapter shall be deemed to have forfeited said permit as a result of said violation. Such person shall be required to apply for a home occupation permit pursuant to the provisions of section 17.17.050. Failure to apply for and obtain a home occupation permit pursuant to section 17.17.050 shall subject the person to the penalty specified in section 17.17.310.A. (Ord. 3042 § 3 (part) 1/28/2000; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2103 § 19, 10/18/1980) 17.17.320 - Existing home occupations. A. Home occupations, other than those specifically exempted under PAMC 17.17.030, established prior to the effective date of this chapter and not having a home occupation permit in accordance with the provisions of this chapter shall, within 90 days after the effective date of this chapter, initiate a home occupation permit application. After the 90-day period, the home occupation shall be considered to be in violation of this chapter. Page 54 B. Time extensions of conditional use permits for home occupation permits lawfully established prior to the effective date of this chapter shall not be approved unless the home occupation complies fully with this chapter. (Ord. 3042 § 3 (part) 1/28/2000) CHAPTER 17.18 - BED AND BREAKFAST PERMIT 17.18.010 - Purpose. The purpose of this chapter is to ensure that a bed and breakfast is compatible with its surrounding properties, and when located in a residential neighborhood, to preserve the residential character of the neighborhood and the surrounding residences. This chapter provides for bed and breakfasts within residential zones to be permitted through a special use permit process. (Ord. 3123 § 9 (part), 10/11/2002; Ord. 3042 § 3 (part) 1/28/2000; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2636 § 4, 5/15/1991; Ord. 2483 § 1 (part), 3/23/1988) 17.18.020 - Definitions. A "bed and breakfast" is a single-family residence located in a residential zone, containing one kitchen and shared dining area, providing lodging for guests and travelers for a period of up to 30 days and serving primarily breakfast only to people registered to use the facility for lodging or special events that require facilities to provide more than just meals. A bed and breakfast is a special use as defined in PAMC 17.08.095. (Ord. 3123 § 9 (part), 10/11/2002; Ord. 3042 § 3 (part) 1/28/2000; Ord. 2483 § 1 (part), 3/23/1988) 17.18.030 - Applicability. A bed and breakfast permit in accordance with the provisions of this chapter is required for all bed and breakfasts occurring in residential zones. A bed and breakfast permit shall not be required within commercial zones. A bed and breakfast permit is a special use permit as defined in PAMC 17.08.095. (Ord. 3123 § 9 (part), 10/11/2002; Ord. 3042 § 3 (part) 1/28/2000; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2534 § 1 (part), 5/24/1989; Ord. 2483 § 1 (part), 3/23/1988) 17.18.040 - Development standards. All bed and breakfasts shall comply with the following development standards: A. All bed and breakfasts shall be located in single-family residences and shall exhibit no outward appearance of a business or of a non-residential nature, other than permitted signs. B. All bed and breakfast operators shall live on the premises. C. A bed and breakfast with four or fewer rooms for let shall provide parking spaces for the operator and guests. Bed and breakfasts with more than four rooms for let shall provide parking spaces for the operator, guests, and employees. Page 55 D. All off-street parking areas shall be screened in a manner that is compatible with and respectful of adjacent properties. E. All on-site signs shall be no more than five square feet in area, indirectly lighted, and parallel to the building façade to which they are attached unless they are freestanding in the yard. Freestanding signs cannot exceed three feet in height but may be perpendicular to the façade. The light source shall be shielded from abutting property and rights -of-way. There shall be a maximum of two freestanding signs. F. All bed and breakfasts shall comply with the applicable local and State Fire and Health Codes. G. All bed and breakfasts shall not be transferable to new locations. H. Size and area requirements: No. of Bdrms. To Let Min. Lot Area 0—4 7,000 sq. ft. (RS-9, 9,000 sq. ft.) 5—8 14,000 sq. ft. (RS-9, 18,000 sq. ft.) 9—12 28,000 sq. ft. I. Any change in the ownership, structure, or the site plan requires a revised permit. (Ord. 3272, 2/16/2007; Ord. 3042 § 3 (part) 1/28/2000; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2666 § 2, 1/17/1992; Ord. 2534 § 1 (part), 5/24/1989; Ord. 2483 § 1 (part), 3/23/1988) 17.18.050 - Application and notice procedure. A. The application for a bed and breakfast permit shall be submitted on a form obtained from the Department of Community and Economic Development and shall also be signed by the owner of the property if other than the applicant. In addition to the notice procedures contained in PAMC 18.02.050, notice shall be mailed to the latest recorded real property owners within at least 300 feet of the boundary of the site as shown by the records of the County Assessor. Labels shall be provided by the applicant. B. Upon receipt of an application satisfying the requirements of this chapter, the Department of Community and Economic Development shall route it to all appropriate Departments. Each City Department shall submit to the Department of Community and Economic Development recommendations and comments regarding the application. (Ord. 3272, 2/16/2007; Ord. 3042 § 3 (part) 1/28/2000; Ord. 2483 § 1 (part), 3/23/1988) 17.18.070 - Director of Community and Economic Development's decision. The Director of Community and Economic Development shall, in writing, approve, deny or approve with modifications or conditions, the application. The Director of Community and Economic Development shall attach such conditions as may be deemed necessary to ensure land use compatibility, public safety, and Page 56 compliance with all standards and requirements of this chapter. Said written decision shall include findings based upon compliance with the development standards (17.18.040) and the following criteria: A. Water, sewer, power, road, police and fire, and refuse disposal must be available and adequate for the proposed use. B. The proposal should not cause detrimental effects on the surrounding residential area as a result of changes in the following elements (but not limited to just these elements): traffic, noise, activities occurring on-site, lighting, and the ability to provide utility service. C. The proposal shall be compatible with surrounding residential area because the treatment of the following aspects (but not limited to the following only) is adequate to assure compatibility: landscaping, location of structure(s), parking areas, and the residential nature of construction and/or architectural details of the structure. (Ord. 3272, 2/16/2007; Ord. 2911 § 4, 3/29/1996; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2796 § 9, 2/11/1994; Ord. 2483 § 1 (part), 3/23/1988) 17.18.090 - Limitations. A. Once a bed and breakfast permit has been issued, it shall not be transferred to another location. B. The bed and breakfast permit shall be valid only for so long as the bed and breakfast complies with the requirements of this chapter and the conditions of approval. C. Any change in the ownership, the structure, or the site plan requires a revised permit. D. The initial time limit for approved bed and breakfast permits shall not exceed one year, after which time extensions may be granted as provided in this chapter. (Ord. 3042 § 3 (part) 1/28/2000; Ord. 2483 § 1 (part), 3/23/1988) 17.18.091 - Appeals. A. Any person aggrieved by the decision of the Director of Community and Economic Development may appeal the decision to the City Council. B. Appeals shall be submitted to the Department of Community and Economic Development in writing within 15 days following the date of the decision. C. The City Council shall conduct an open record public hearing on the appeal of the Director of Community and Economic Development's decision with notice being given as set forth in PAMC 17.96.140. The Council's decision shall be final unless appealed to Clallam County Superior Court in accordance with PAMC 17.96.150. (Ord. 3272, 2/16/2007; Ord. 3042 § 3 (part) 1/28/2000) 17.18.092 - Extensions. A. Extensions of approved bed and breakfast permits must be submitted in writing prior to the expiration date of the original permit approval and shall be considered in accordance with the same procedures as for the original permit application. An extension may be granted for specified or unspecified time periods, provided that the following minimum criteria are met: 1. The use complies with the permit conditions; and 2. There have been no significant, adverse changes in circumstances. Page 57 B. Upon receipt of a written request for extension of a bed and breakfast permit (prior to expiration of the permit) said permit shall automatically be extended for 90 days to allow the City time to review and process the request. (Ord. 3042 § 3 (part) 1/28/2000) 17.18.100 - Permit revocation. The Director of Community and Economic Development may immediately revoke, or suspend a permit, or the renewal thereof, if he finds that: A. The applicant or permittee has violated or failed to meet any of the provisions of this chapter or conditions of the permit; or B. Any required licenses have been suspended. revoked, or canceled. Upon denial, suspension or revocation, the Director of Community and Economic Development shall notify the applicant or permittee in writing of the action he has taken and the reasons therefor. After giving such notice by certified mail, if the bed and breakfast has not been removed within 30 days, the Director of Community and Economic Development, or his designee, may cause the closure of any bed and breakfast found in violation of this chapter. (Ord. 3272, 2/16/2007; Ord. 3042 § 3 (part) 1/28/2000 Ord. 2483 § 1 (part), 3/23/1988) CHAPTER 17.19 - PRD - PLANNED RESIDENTIAL DEVELOPMENT OVERLAY ZONE 17.19.010 - Purpose. This Overlay Zone is to provide alternative zoning regulations that permit and encourage design flexibility, conservation and protection of natural critical area amenities, and innovation in residential developments to those regulations found in the underlying zone. It is intended that a Planned Residential Development (PRD) will result in a more fully designed residential development than traditional subdivision development. The resulting development shall be done in a manner consonant with the public health, safety, and welfare illustrated in the specifically approved site design that provides all of the components of a fully developed residential neighborhood, such as open space, circulation, pre-determined building types and locations, natural feature protection, and utility services. A PRD application may combine a number of land use decisions such as critical areas protection, conditional use permits, rezones, and subdivisions into a single project review process to encourage timely public hearings and decisions and to provide for more open space and transitional housing densities than is required or may be permitted between single-family and multi-family zones. The consolidation of permit reviews does not exempt applicant(s) from meeting the regulations and submitting the fees and applications normally required for the underlying permit processes. Few nonresidential uses are allowed in this overlay zone and then only conditionally, because of land use impacts associated with nonresidential uses. This overlay zone provides for the opportunity to create self-contained residential neighborhoods with a pre-determined variety of housing choices and without following a standard system of public streets and lot design, with allowances for mixed use, residential and neighborhood commercial developments that are not usually permitted in residential zones. Page 58 (Ord. 3332 § 2, 4/25/2008; Ord. 3272, 2/16/2007; Ord. 3180 § 1 (part), 12/17/2004; Ord. 3123 § 10, 10/11/2002; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2657 § 1 (part), 12/13/1991; Ord. 2038 § 1 (part), 7/29/1979) 17.19.011 - Definitions. A. Common usable open space: Area within a PRD that is accessible and usable to all residents of the development and that is: 1. Land that is unoccupied by nonrecreational buildings, parking areas, or traffic circulation roads; 2. Land that is dedicated to recreational buildings, structures or facilities; 3. Land that is dedicated to an open space purpose of the PRD such as preservation of natural features; or 4. Land protected by the Environmentally Sensitive Areas Protection Ordinance (PAMC Title 15), other than buffer areas, may not be included as common usable open space for recreational purposes. To be considered common usable open space for recreational purposes, the open space must be usable for specific or multi-purpose activities, be located on generally level land, be regularly shaped and contain a minimum of 1,000 square feet. B. Neighborhood density: The number of dwelling units per acre allowed by zone or zones. C. Planned Residential Development (PRD): A site specific development that has been approved by the City Council under the provisions of Chapter 17.19 of the Port Angeles Municipal Code. D. Recreational purpose: An express intent of a space design and development to service a particular healthful or aesthetic activity. E. Townsite block: A block of 500-foot by 300-foot dimension or 3.44 acres as created by the original platting of the Townsite of Port Angeles. (Ord. 3272, 2/16/2007; Ord. 3180 § 1 (part), 12/17/2004; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2742 § 1, 1/29/1993; Ord. 2657 § 1 (part), 2/13/1991; Ord. 2038 § 1 (part), 7/29/1979) 17.19.020 - Applicability. PRDs may be established, subject to final approval of a proposal for a specific parcel or parcels of land in all residential districts and may include land that is zoned PBP. A PRD shall contain a minimum of 3.44 acres with densities permitted per the underlying zone or zones per 17.19.060. (Ord. 3272, 2/16/2007; Ord. 3180 § 1 (part), 12/17/2004; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2657 § 1 (part), 12/13/1991; Ord. 2038 § 1 (part), 7/29/1979) 17.19.030 - Permitted uses. Residential building types in a PRD may vary from those permitted in the underlying zone or zones. (Ord. 3272, 2/16/2007; Ord. 3180 § 1 (part), 12/17/2004; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2657 § 1 (part), 12/13/1991; Ord. 2038 § 1 (part), 7/29/1979) 17.19.031 - Conditional uses. Page 59 Conditional uses may be allowed similarly to those conditionally permitted in the underlying zone(s) or may include neighborhood commercial and commercial recreational uses that primarily serve the PRD residents. (Ord. 3272, 2/16/2007; Ord. 3180 § 1 (part), 12/17/2004) 17.19.040 - Permitted modifications of land use regulations. The approval of a PRD may include modifications in the requirements and standards of the underlying land use regulations of the zone in which the project is located subject to the limitations of this chapter. Any modification to the requirements and standards of the underlying zone must be specifically described in the application materials and be thoroughly reviewed to be included in the final PRD approval. No approval shall include a modification, variance or waiver of the exterior setback areas required by the underlying zones along the exterior property lines of the PRD, wetland buffer reduction standards of PAMC 15.24.070(3), or of the requirements of the Shoreline Master Program except as provided in Chapter 173- 14 WAC. (Ord. 3332 § 2, 4/25/2008; Ord. 3272, 2/16/2007; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2823 § 1, 7/15/1994; Ord. 2796 § 14, 2/11/1994; Ord. 2657 § 1 (part), 12/13/1991; Ord. 2038 § 1 (part), 7/29/1979) 17.19.050 - Standards. The following standards shall apply to all PRDs: A. All street and utility improvements shall be constructed to urban standards specified by the City of Port Angeles. Street widths may vary from widths required in the Subdivision Regulations. Interior streets shall be dedicated public streets. Streets intended to be dedicated to the City must meet minimum standards set forth in the City of Port Angeles Urban Standards and Guidelines manual. B. All PRDs shall devote at least 30 percent of the gross area of the site to common usable open space, half of which must be used for recreational purposes and none of which will be credited in the setback areas required along the exterior property lines of the PRD. LID facilities may count towards the common usable open space not required for recreational purposes. Street rights-of- way, driveways, parking lots and utility structures shall not be counted as part of the common usable open space. Common usable open space shall be maintained as an integral part of the site and may not be segregated as a separate parcel or parcels unless such parcels are to be owned by a homeowners association. Community recreation facilities and recreation structures shall be included in calculating the area devoted to common usable open space. C. All PRDs shall provide for continuous and perpetual maintenance of common open space, common recreation facilities, private roads, utilities, parking areas and other similar development within the boundaries of the PRD in form and manner acceptable to the City. D. Platting shall be required for all projects that involve or contemplate the subdivision of land. Lots in a platted PRD may be sold to separate owners. No further subdivision of land within the PRD will be permitted unless a formal amendment to the PRD is approved. E. Conditional use permits shall be required for all projects that involve or contemplate conditional uses that may be allowed in the underlying zone(s). In addition to the conditional uses allowed in the underlying zone(s), neighborhood commercial and commercial recreational uses may be considered for conditional use permit(s) during the PRD approval process. No further conditional use permits except home occupations, will be permitted within the PRD unless a formal amendment to the PRD is approved. Page 60 F. For any underlying land use regulatory process that is consolidated through the PRD overlay process, the criteria and development standards of that underlying land use process shall be met. Any subsequent land use decision made pursuant to an underlying land use regulatory process shall also require a formal amendment to the PRD. G. To encourage design flexibility, conservation of natural amenities, and innovations that result in a higher quality residential environment than traditional subdivisions, site planning and architectural review that address specific criteria are required of all development in the PRD. Where applicable, the design of PRDs shall accomplish the following to the greatest extent possible: 1. Preserve unique physical features of the site including, but not limited to, creeks, wetlands, ravines, bluffs, lakes or ponds, shorelines, and forest areas consistent with Section 15.20 and 15.24 PAMC; 2. Preserve scenic view corridors, both internal and external to the site; 3. Provide recreation facilities including, but not limited to, bicycle or pedestrian paths, children's play areas and playfields; and 4. The design of all open space areas and building structures shall be compatible with and complementary to the environment in which they are placed. H. All PRDs shall comply with the goals and policies of the Port Angeles Comprehensive Plan. (Ord. 3332 § 2, 4/25/2008; Ord. 3272, 2/16/2007; Ord. 3180 § 1 (part), 12/17/2004; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2657 § 1 (part), 12/13/1991; Ord. 2038 § 1 (part), 7/29/1979) 17.19.060 - Density. Every PRD shall be allowed the density of the underlying zone or zones in which the site is located on the portions of the site exclusive of environmentally sensitive areas. Density credits for environmentally sensitive areas protected by Title 15 PAMC shall be allowed in addition to the base density calculated for the buildable area of the site per section 15.20.070(F) and section 15.24.070(F). (Ord. 3272, 2/16/2007; Ord. 3180 § 1 (part), 12/17/2004 Ord. 2861 § 1 (part), 3/17/1995; Ord. 2742 § 1, 1/29/1993; Ord. 2715 § 5, 10/16/1992; Ord. 2657 § 1 (part), 12/13/1991; Ord. 2038 § 1 (part), 7/29/1979) 17.19.070 - Procedure for approval. The procedure for approval of a PRD shall be composed of four steps: A. Conceptual plan submittal and neighborhood meeting. This step occurs before an application is accepted as complete by the City; B. Public hearing on the preliminary development plan and, if applicable, the preliminary plat and other permit actions. This step results in a recommendation by the Planning Commission to the City Council of an action to be taken on the proposal; C. Approval by the City Council at a public meeting of the preliminary development plan and other actions as applicable; and D. Action on the final development plan and plat by the City Council following a public hearing. Final approval may only be granted after all conditions of approval have been met or bonded for by the applicant. No lots may be offered for sale prior to preliminary plat approval by the City Council. Page 61 (Ord. 3272, 2/16/2007; Ord. 2911 § 5 (part), 3/29/1996; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2657 § 1 (part), 12/13/1991; Ord. 2038 § 1 (part), 7/29/1979) 17.19.080 - Pre-application review. Prior to applying for a PRD, a developer shall submit a conceptual plan to the Department of Community and Economic Development (DCED). The conceptual plan will be reviewed for its general compliance with the intent, standards and provisions of this chapter and other City ordinances by the appropriate departments of the City, and written comments in regard to the plan will be furnished to the developer. The conceptual plan shall contain in sketch form all of the information required in section 17.19.090.E. and G. After the conceptual plan review and prior to accepting a PRD application, the City shall require a neighborhood meeting. The neighborhood meeting shall be organized and sponsored by the project proponent. Neighbors within 300 feet of the proposed location shall be included in notification of the meeting. The purpose of the meeting will be to solicit information regarding design alternatives to minimize any adverse impacts from the PRD and to alleviate community concerns. (Ord. 3272, 2/16/2007; Ord. 3180 § 1 (part), 12/17/2004; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2742 § 1, 1/29/1993; Ord. 2657 § 1 (part), 12/13/1991; Ord. 2038 § 1 (part), 7/29/1979) 17.19.090 - Application procedure. The application for a PRD shall contain the following: A. The name, location and legal description of the proposed development, together with the names, addresses and telephone numbers of the recorded owners of the land and of the applicant and, if applicable, the names, addresses and telephone numbers of any land surveyor, architect, planner, designer, or engineer responsible for the preparation of the plan, and of any authorized representative of the applicant. B. A narrative explaining the proposed use or uses of the land and building, including the proposed number of dwelling units by type, such as single-family detached, row housing, and apartments; information on any special features, conditions of which cannot be adequately shown on drawings; and an explanation of covenants, continuous maintenance provisions, and/or homeowners association for the project. C. A survey of the property showing existing features, including contours at five-foot intervals, existing buildings, structures, streets, utility easements, rights-of-way, environmentally sensitive areas, and existing land uses. D. A vegetation survey of the property by either (a) an aerial photograph of the property in a scale acceptable to the City, that identifies significant groupings of trees and unusual or fine specimens of their species; OR (b) a survey of all trees over 12 inches in trunk diameter measured at four feet above the ground; as determined by the Director of DCED, in those areas where improvements are proposed. General wooded areas where no improvements are proposed will require a vegetation survey containing the following elements: 1. A mapping of the extent of the wooded areas with survey of perimeter trees only. 2. A narrative regarding the types (species) and condition of the trees and under-story in the wooded area. 3. Identification of trees that are unusual or fine specimens of their species. 4. In general wooded areas where minor improvements are proposed, a survey of trees over 12 inches in trunk diameter measured at four feet above the ground will be required to a reasonable distance around the improvements. Page 62 E. Preliminary site plans showing existing and proposed contours at five-foot intervals, location and dimensions of proposed buildings, open space, recreation areas, parking areas, circulation, landscape areas, subdivision platting and general arrangement. F. Detailed site statistics including but not limited to: 1. Total site area in both acres and square feet; 2. Site coverage expressed in square feet and percentage of; a. Total footprint area of buildings for: i. Residential structures; ii. Non-residential structures. b. Roadway and sidewalk paved surfaces; c. Parking lot areas; d. Any areas paved with permeable paving systems; 3. Total area in lots; 4. Open space area: a. Common usable open space (must be 15 percent of site); b. Total area dedicated to open space (must be 30 percent of site); 5. Number and location of off-street parking spaces; 6. Number of residential units proposed; 7. Total number of lots being created; 8. Density of site expressed as residential units per acre. G. A preliminary plat, if applicable, pursuant to Chapter 58.17 RCW and Chapters 16.04 and 16.08 PAMC. H. If a developer elects to obtain additional density credits, the site plan application shall contain specific information relating to the additional density credit criteria of section 15.20.070 and 15.24.070. I. Preliminary elevation and perspective drawings of project structures. 1. Individual building footprints; 2. Housing type and/or style proposed for each individual lot. J. A preliminary utilities plan, including fire hydrant locations. K. A preliminary storm drainage plan with calculation of impervious areas. L. A circulation plan showing all means of vehicular and pedestrian ingress and egress to and from the site; size and location of driveways, streets, sidewalks, trails, and off-street parking spaces. Any new traffic control devices required for the safety of the project must be s hown. M. Mailing labels of property owners within 300 feet of the proposed project pursuant to section 17.96.140 PAMC. (Ord. 3332 § 2, 4/25/2008; Ord. 3272, 2/16/2007; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2742 § 1, 1/29/1993; Ord. 2657 § 1 (part), 12/13/1991; Ord. 2038 § 1 (part), 7/29/1979) 17.19.100 - Routing and staff recommendations. Page 63 Upon receipt of an application satisfying the requirements of section 17.19.090, the Department of Community and Economic Development (DCED) shall route the same to all appropriate City Departments. Each department shall return recommendations and comments regarding the application to DCED. The Planning Division shall prepare a report to the Planning Commission summarizing the factors involved, the recommendations of other departments and the DCED including findings and conclusions. A copy of the report shall be mailed to the applicant and copies shall be made available, at cost, for use by any interested party. (Ord. 3272, 2/16/2007; Ord. 3180 § 1 (part), 12/17/2004; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2657 § 1 (part), 12/13/1991; Ord. 2038 § 1 (part), 7/29/1979) 17.19.110 - Planning Commission public hearing—Scheduling and notice. Upon receipt of an application satisfying the requirements of section 17.19.090, the DCED shall schedule a public hearing before the Planning Commission. Public notice shall be given as provided in section 17.96.140. (Ord. 3272, 2/16/2007; Ord. 3180 § 1 (part), 12/17/2004; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2657 § 1 (part), 12/13/1991; Ord. 2038 § 1 (part), 7/29/1979) 17.19.120 - Planning Commission recommendation—Preliminary development plans. Prior to making a recommendation on an application for a preliminary PRD, the Planning Commission shall hold a public hearing. The Planning Commission's recommendation for approval, denial, or approval with modifications or conditions shall be forwarded to the City Council in written form based upon compliance with section 17.19.050 and the following criteria: A. The proposed development will comply with the policies of the comprehensive plan and further attainment of the objectives and goals of the comprehensive plan. B. The proposed development will, through the improved utilization of open space, natural topography, transitional housing densities and integrated circulation systems, create a residential environment of higher quality than that normally achieved by traditional development of a subdivision. C. The proposed development will be compatible with adjacent, existing, and future developments. D. All necessary municipal utilities, services, and facilities, existing and proposed, are adequate to serve the proposed development. E. Internal streets serving the proposed development are adequate to serve anticipated traffic levels and the street system of the proposed development is functionally connected by an improved collector street to at least one improved arterial street. F. If the development is planned to occur in phases, each phase shall meet the requirements of a complete development. (Ord. 3272, 2/16/2007; Ord. 2911 § 5 (part), 3/29/1996; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2657 § 1 (part), 12/13/1991; Ord. 2038 § 1 (part), 7/29/1979) 17.19.130 - City Council action—Preliminary development plans. The City Council shall consider the recommendation of the Planning Commission at a public meeting. The Council may approve, deny, or approve with modifications or conditions the submitted preliminary Page 64 development plans. Approval shall be by Council action which incorporates the approved preliminary development plans by reference and shall include findings based upon sections 17.19.060 and 17.19.120. (Ord. 3272, 2/16/2007; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2657 § 1 (part), 12/13/1991; Ord. 2038 § 1 (part), 7/29/1979) 17.19.140 - Final approval of Planned Residential Development (PRD). Application for final approval of a PRD that involves subdivision of the underlying property shall be submitted within five years of preliminary PRD approval. An application for final review of a PRD that does not involve a subdivision of the underlying property shall be submitted within two years of the preliminary development plan approval; provided that for phased PRD's, each phase shall have an additional one-year period for final approval; and provided further that an applicant may apply to the Planning Commission, and the Commission may approve, one or more one-year extensions as the Commission may deem appropriate. The site must be under one ownership prior to final approval by the Planning Commission and City Council, and the application for final approval must be made by the owners of the entire site. The application shall include the following: A. A title report showing record ownership of the parcel or parcels upon which the PRD is to be developed. B. Adequate assurance for the retention and continued maintenance of common open space, recreation facilities, and recreation structures. If development is to be done in phases, each phase must meet the requirements of this section. C. Adequate assurance for the retention and continued maintenance of environmentally sensitive areas and their buffers. If development is to be done in phases, each phase must meet the requirement of this section. D. Final development plans that shall be in compliance with the approved preliminary development plans. E. The final plat, if applicable, pursuant to Chapter 58.17 RCW and Chapters 16.04 and 16.08 PAMC. F. Development schedule. G. Bond or other form of security acceptable to the City in a sufficient amount to complete the project or submitted phase, as determined by the City. H. Covenants, conditions and restrictions and/or homeowners' association agreement. (Ord. 3517 § 4, 10/21/2014; Ord. 3441 § 7, 11/15/2011; Ord. 3272, 2/16/2007; Ord. 2919, 6/14/1996; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2657 § 1 (part), 12/13/1991; Ord. 2038 § 1 (part), 7/29/1979) 17.19.160 - City Council final action. The City Council shall review the application for final approval at a public hearing, notice of which shal l be given as provided in section 17.96.140, and shall approve, deny, or approve with modifications the final development plan and, if applicable, the final plat. Approval of the final development plan shall be by ordinance and a copy of the final PRD shall be filed with and made a part of said ordinance. The Zoning Map shall be amended to indicate the extent of the approved PRD, and all future development of the site shall be in conformance with the approved PRD. Page 65 (Ord. 3272, 2/16/2007; Ord. 2911 § 5 (part), 3/29/1996; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2657 § 1 (part), 12/13/1991; Ord. 2038 § 1 (part), 7/29/1979) 17.19.170 - Building permits. The Building Division shall issue building permits for buildings and structures that conform with the approved final development plans for the PRD and with all other applicable City and state ordinances and regulations. The Building Division shall issue a certificate of occupancy for completed nonresidential buildings or structures that conform to requirements of the approved final development plans and all other applicable City and state ordinances and regulations for such occupancies. The construction and development of all common usable open spaces, including recreational facilities, and other public improvements of each project phase must be completed before any certificates of occupancy will be issued except when bonds or other acceptable forms of security are deposited assuring the completion of such facilities within six months of approval of final PRD. (Ord. 3272, 2/16/2007; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2657 § 1 (part), 12/13/1991; Ord. 2038 § 1 (part), 7/29/1979) 17.19.180 - Modifications after final approval. The final approval shall be binding upon the development. Design variations from the plan must be submitted to the Planning Commission and City Council for approval and amendment of the ordinance, except for minor changes, as follows: The DCED is authorized to allow minor adjustments in the development schedule, location, placement, height, or dimension of buildings and structures, not to exceed an alteration of ten percent in height or ten feet in any other direction, when such minor changes and alterations are required by engineering and other circumstances not foreseen or reasonably foreseeable at the time of approval of the final development plans; except that such adjustments shall not increase the total amount of floor space authorized in the approved final PRD, or the number of dwelling units or density, or decrease the amount of parking or loading facilities, or permit buildings to locate closer to the closest boundary line, or decrease the amount of open space, or decrease the recreation facilities, or change any points of ingress or egress to the site, or extend the development schedule for not more than 12 months. (Ord. 3272, 2/16/2007; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2657 § 1 (part), 12/13/1991; Ord. 2038 § 1 (part), 7/29/1979) CHAPTER 17.20 - CO - COMMERCIAL, OFFICE 17.20.010 - Purpose. This is a commercial zone intended for those business, office, administrative or professional uses that do not involve the retail sale of goods, but rather provide a service to clients, the provision of which does not create high traffic volumes, involve extended hours of operation, or contain impacts that would be detrimental to adjacent residential areas. Commercial uses that are largely devoid of any impacts detrimental to single-family residential uses are allowed. This zone provides the basic urban land use pattern for small lot, transitional uses between residential neighborhoods and commercial zones with direct access on an arterial street and design standards compatible with residential development. (Ord. 3272, 2/16/2007; Ord. 3180 § 1 (part), 12/17/2004; Ord. 3123 § 11, 10/11/2002; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2109 § 2, 12/7/1980) Page 66 17.20.040 - Permitted uses. A. Services: 1. Financial services offices, such as banks, financial institutions, insurance and real estate service offices. 2. Personal service facilities, such as barber and beauty shops. 3. Business and professional offices. 4. Child day-care centers and pre-schools. 5. Medical/dental clinics and offices and laboratories. 6. Small animal veterinary offices. B. Residential: 1. Detached single-family residences that meet the area and dimensional requirements of the RS-7 zone. (Ord. 3272, 2/16/2007; Ord. 2926 § 3 (part), 8/26/1996; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2742 § 1, 1/19/1993; Ord. 2715 § 4 (part), 10/16/1992; Ord. 2652 § 7, 9/27/1991; Ord. 2109 § 3, 12/7/1980) 17.20.080 - Accessory uses. Accessory uses determined by the Director of Community and Economic Development to be compatible with the intent of this chapter are permitted. (Ord. 3272, 2/16/2007; Ord. 2921 § 8, 6/28/1996; Ord. 2109 § 4, 12/7/1980) 17.20.160 - Conditional uses. A. Art galleries and museums. B. Assisted living facilities and residential care facilities. C. Business colleges, trade schools, and personal instruction such as music, art, and dance sc hools. D. Medical supply stores. E. Chemical dependency treatment and detoxification centers. F Churches. G. Group homes and hospices. H. Libraries. I. Hotels, motels, and hostels. J. Nursing and convalescent homes. K. Off-street parking structures and lots not associated with a permitted use on the same site. L. Public parks and recreation facilities. M. Residential uses, other than detached single-family residences, that are permitted in the RHD zone and comply with the RHD area and dimensional requirements, except for mixed use structures where there is commercial use at ground level and residential use above, in which case the required commercial setbacks of the underlying zone shall be observed. Page 67 N. Utility buildings and structures. O. Funeral homes and mortuaries. P. Other uses compatible with the intent of this chapter. (Ord. 3272, 2/16/2007; Ord. 3180 § 1 (part), 12/17/2004; Ord. 3071 § 4 (part), 12/15/2000; Ord. 3007 § 5 (part), 1/15/1999; Ord. 2948 § 5 (part), 2/14/1997; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2702 § 1, 8/14/1992; Ord. 2652 § 8, 9/27/1991; Ord. 2635 § 5, 5/15/1991; Ord. 2278 § 1, 12/26/1983; Ord. 2109 § 5, 12/7/1980) 17.20.200 - Area and dimensional requirements. A. Minimum lot area: 7,000 square feet. B. Minimum lot width: 50 feet. C. Minimum setbacks for non-residential use: Front: 25 feet from property line. Rear: 25 feet from property line. Detached accessory buildings shall not be permitted closer than ten feet to the rear property line. Side: Seven feet from the property line. Detached accessory buildings only on the rear one-third of the lot may be permitted to within three feet of the side line. On corner lots the side yard abutting the street shall have a building line setback of 13 feet. D. Maximum lot coverage: 45 percent, subject to paragraph F. below. E. Maximum site coverage: 75 percent, subject to paragraph F. below. F. In locations where stormwater runoff from structures, paved driveways, sidewalks, patios and other surfaces is designed shown, by a professional engineer licensed in the State of Washington, to infiltrate on-site, according to the requirements in Chapter 5 of the City of Port Angeles Urban Services Standards and Guidelines manual of the most recent edition* of the Stormwater Management Manual for Western Washington, portions of the project can be exempt from lot and site coverage calculations. (See PAMC 17.94.135 for exemptions.) A professional engineer licensed in the state of Washington is required to perform this infiltration assessment for sites which add 5,000 square feet or more of new or replaced hard surface area. *The word "addition" in Ordinance 3343 corrected by codifier to "edition." G. Maximum building height: 30 feet. In order to reduce impervious surfaces, building height may exceed the standard in the underlying zone to a maximum of twenty percent; provided that the project design protects adjacent uses both inside and outside of the development site from adverse impacts on privacy, light, air and significant public views. An increase in building height must be shown to reduce site coverage by a similar percentage. (Ord. 3343 § 7, 1/1/2009; Ord. 3272, 2/16/2007; Ord. 2715 § 4 (part), 10/16/1992; Ord. 2109 § 6, 12/7/1980) 17.20.210 - Off-street parking. (See Chapter 14.40 PAMC). (Ord. 2109 § 7, 12/7/1980) Page 68 17.20.230 - Design and landscaping. A. All outdoor storage areas, except for City mechanized refuse collection system containers, shall be screened from public rights-of-way and abutting property by a vision-obscuring fence six feet in height. B. All lighting on the site shall be so directed as to reflect away from adjoining property and public rights- of-way. C. A sixfive-foot sidewalk accompanied by a minimum fourfive-foot landscape strip shall be required within the right-of-way adjacent to the front property line as well as adjoining arterial corridors. D. The side yard abutting a residentially zoned lot shall be landscaped in a manner that is complementary or similar to residential landscaping. In other words, such landscaping shall be complementary or similar to shrubs of three-foot to six-foot mature height interspersed with evergreen and/or deciduous and/or ornamental trees. Five feet of the rear yard setback area abutting a residentially zoned lot shall be landscaped in a similar manner. E. The unused space resulting from the design of parking space arrangements or accessory structures which is over 24 square feet shall be landscaped. F. All landscaping shall comply with the vision clearance requirements of section 17.94.090 PAMC. G. All non-residential structures shall be designed to be compatible with the residential environment. H. All required parking areas shall include tree landscaping of at least one tree such that the tree canopy covers at least 20 percent of the total paved area after a period of 5 years, for each group of six or fewer parking spaces with a minimum of two (2) trees, exclusive of any required perimeter landscaping. Vegetation within LID facilities may be used to meet landscaping requirements. [Illustration - 11 parking spaces requires two trees; 12 spaces requires two trees; 13 spaces requires three trees.] The trees shall be of a type approved by the City, and be at least two-inch caliper at time of planting, and placed in a minimum planting area of 100 square feet. Trees shall attain a minimum height of at least 20 feet at maturity. Alternatively, landscaping plans with functionally compatible planters and equivalent vegetative cover may be submitted for approval by the Director of Community and Economic Development as mitigation for this requirement when site constraints deem necessary. Refer to 15.20.070 and 15.20.080 PAMC for appropriate pruning and vegetation management techniques. To ensure survivability of vegetation and tree coverage goal, a 5-year bond or other surety for 5% of the total landscape project costs shall be required. I. Parking areas shall have interspersed landscaped islands and shall have no more than eight consecutive parking spaces. Islands with vegetation within LID facilities may be used to meet landscaping requirements. Underground parking and parking included in a parking structure are excluded from this requirement. J. All parking lots shall be screened by three-foot to six-foot vision obscuring fence or vegetation on the sides adjacent to residentially zoned property. (Ord. 3272, 2/16/2007; Ord. 3180 § 1 (part), 12/17/2004; Ord. 2742 § 1, 1/29/1993; Ord. 2666 § 4, 1/17/1992; Ord. 2109 § 9, 12/7/1980) CHAPTER 17.21 - CN - COMMERCIAL, NEIGHBORHOOD 17.21.010 - Purpose. This is a commercial zone intended to create and preserve areas for businesses that are of the type providing goods and services for the day-to-day needs of the surrounding residential neighborhoods. Businesses in this zone shall occur on sites no larger than one acre and shall be located and designed to Page 69 encourage both pedestrian and vehicle access and to be compatible with adjacent residential neighborhoods. Commercial uses that are largely devoid of any impacts detrimental to multi-family residential uses are allowed; gasoline service islands are conditionally permitted uses. This zone provides for a variety in the urban land use pattern for small commercial districts serving individual residential neighborhoods with direct access on an arterial street and design standards compatible with residential development. (Ord. 3272, 2/16/2007; Ord. 3123 § 12, 10/11/2002; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2797 § 3, 2/11/1994) 17.21.040 - Permitted uses. A. Art galleries and museums. B. Assisted living and residential care facilities. C. Business colleges; music, art, and dance schools. D. Banks, financial institutions, insurance and real estate services offices. E. Business and professional offices. F. Child day-care centers and pre-schools. G. Drug stores, pharmacies. H. Food and beverage establishments, such as restaurants and cafeterias. I. Food item retail sales, such as bakery shops, delicatessens, and grocery stores. J. Group homes. K. Libraries. L. Medical/dental offices and clinics and laboratories. M. Medical supply stores. N. Nursing and convalescent homes. O. Personal service facilities, such as barber and beauty shops. P. Public parks and recreation facilities. Q. Reconstruction, remodeling, or improvements to residential structures existing or established prior to January 1, 2007. R. Repair services, such as appliance repair, shoe repair, and TV and stereo repair services. S. Residential uses, as permitted in PAMC 17.15.020, on the first floor or above with a primary commercial use located fronting that portion of the site facing an arterial street. T. Self-service laundries. U. Specialty shops such as gift, florist, hobby, antique, candy, ice cream, movie rental, bicycle, book, computer, toy, and retail pet stores. V. Small animal veterinary offices. (Ord. 3390 § 5, 1/30/2010; Ord. 3272, 2/16/2007; Ord. 3155 § 8, 1/30/2004; Ord. 3007 § 5 (part), 1/15/1999; Ord. 2948 § 5 (part), 2/14/1997; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2797 § 3, 2/11/1994) Page 70 17.21.050 - Accessory uses. Accessory uses determined by the Director of Community and Economic Development to be compatible with the intent of this chapter are permitted. (Ord. 3272, 2/16/2007; Ord. 2921 § 9, 6/28/1996) 17.21.160 - Conditional uses. A. Churches. B. Fire stations. C. Frozen food or cold storage lockers. D. Funeral homes and mortuaries. E. Gasoline service islands, accessory to convenience or grocery store. F. Hotels, motels and hostels. G. Off-street parking structures and lots. H. Self-service car washes. I. Clubs and lodges. J. Utility buildings and structures. K. Other uses compatible with the intent of this chapter. (Ord. 3272, 2/16/2007; Ord. 3180 § 1 (part), 12/17/2004; Ord. 3155 § 9, 1/30/2004; Ord. 3071 § 4 (part), 12/15/2000; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2797 § 3, 2/11/1994) 17.21.200 - Area and dimensional requirements. A. Minimum lot area: 7,000 square feet. Residential uses on the first floor shall comply with RHD rear setback requirements. B. Minimum lot width: 50 feet. C. Minimum setback: No structure shall be built within 15 feet of an alley or any property that has a residential zoning classification. D. Maximum lot coverage: 50 percent, subject to paragraph F. below. E. Maximum site coverage: 80 percent, subject to paragraph F. below. F. In locations where stormwater runoff from structures, paved driveways, sidewalks, patios and other surfaces is designed shown, by a professional engineer licensed in the State of Washington, to infiltrate on-site, according to the requirements in Chapter 5 of the City of Port Angeles Urban Services Standards and Guidelines manual of the most recent edition* of the Stormwater Management Manual for Western Washington, portions of the project can be exempt from lot and site coverage calculations. (See PAMC 17.94.135 for exemptions.) A professional engineer licensed in the state of Washington is required to perform this infiltration assessment for sites which add 5,000 square feet or more of new or replaced hard surface area. *The word "addition" in Ordinance 3343 corrected by codifier to "edition." G. Maximum building height: 30 feet. In order to reduce impervious surfaces, building height may exceed the standard in the underlying zone to a maximum of twenty percent; provided that the project design Page 71 protects adjacent uses both inside and outside of the development site from adverse impacts on privacy, light, air and significant public views. An increase in building height must be shown to reduce site coverage by a similar percentage. (Ord. 3343 § 8, 1/1/2009; Ord. 3332 § 3, 4/25/2008; Ord. 3272, 2/16/2007; Ord. 3180 § 1 (part), 12/17/2004; Ord. 3042 § 3 (part) 1/28/2000; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2797 § 3, 2/11/1994) 17.21.210 - Off-street parking. (See Chapter 14.40 PAMC). (Ord. 2797 § 3, 2/11/1994) 17.21.230 - Design and landscaping. A. All outdoor storage areas, except City mechanized refuse collection system containers, shall be screened from view from public rights-of-way and abutting property by a sight-obscuring fence six feet in height. B. All lighting on the site shall be so directed as to reflect away from adjoining non-commercial property and public rights-of-way. C. A sixfive-foot sidewalk accompanied by a minimum fourfive-foot landscape strip shall be required within the right-of-way adjacent to the front property line as well as adjoining arterial corridors. D. The side yard abutting a residentially zoned lot shall be landscaped in a manner that is complementary or similar to residential landscaping. In other words, such landscaping shall be complementary or similar to shrubs of three-foot to six-foot mature height interspersed with evergreen, deciduous and/or ornamental trees. Five feet of the rear yard setback area abutting a residentially zoned lot shall be landscaped in a similar manner. E. Unused space that is over 24 square feet and that results from the design of parking space arrangements or accessory structures shall be landscaped. F. All required parking areas shall include tree landscaping of at least one tree such that the tree canopy covers at least 20 percent of the total paved area after a period of 5 years, for each group of six or fewer parking spaces with a minimum of two (2) trees, exclusive of any required perimeter landscaping. Vegetation within LID facilities may be used to meet landscaping requirements. [Illustration - 11 parking spaces requires two trees; 12 spaces requires two trees; 13 spaces requires three trees.] The trees shall be of a type approved by the City, and be at least two-inch caliper at time of planting, and placed in a minimum planting area of 100 square feet. Trees shall attain a minimum height of at least 20 feet at maturity. Alternatively, landscaping plans with functionally compatible planters and equivalent vegetative cover may be submitted for approval by the Director of Community and Economic Development as mitigation for this requirement when site constraints deem necessary. Refer to 15.20.070 and 15.20.080 PAMC for appropriate pruning and vegetation management techniques. To ensure survivability of vegetation and tree coverage goal, a 5-year bond or other surety for 5% of the total landscape project costs shall be required. G. Parking areas shall have interspersed landscaped islands and shall have no more than eight consecutive parking spaces. Islands with vegetation within LID facilities may be used to meet landscaping requirements. Underground parking and parking included in a parking structure are excluded from this requirement. H. All parking lots shall be screened by three-foot to six-foot vision-obscuring fence or vegetation on all sides adjacent to residentially zoned property. Page 72 (Ord. 3272, 2/16/2007; Ord. 3180 § 1 (part), 12/17/2004; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2797 § 3, 2/11/1994) CHAPTER 17.22 - CSD - COMMUNITY SHOPPING DISTRICT 17.22.010 - Purpose. This is a commercial zone oriented primarily to those businesses serving the daily needs of the surrounding residential zones but is slightly less restrictive than the CN zone and as such provides a transition area from the most restrictive commercial zones to those of lesser restrictions. Businesses in this zone may occur on sites of varying sizes and shall be located at the intersections of arterial streets of sufficient size to satisfy traffic demand and at the boundaries of neighborhoods so that more than one neighborhood may be served. Commercial uses that are largely devoid of any impacts detrimental to the environment are allowed. Service stations with petroleum products are permitted uses. This zone provides the basic urban land use pattern for large lot, commercial uses serving much of the City with direct access on an arterial street and design standards for greater automobile and truck traffic. (Ord. 3123 § 13, 10/11/2002; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2797 § 4, 2/11/1994) 17.22.040 - Permitted uses. A. Art galleries and museums. B. Financial services offices, such as banks, financial institutions, insurance and real estate services offices. C. Personal service facilities, such as barber and beauty shops. D. Business colleges, trade schools, and personal instruction, such as music, art, and dance schools. E. Business and professional offices. F. Child day-care centers and pre-schools. G. Churches. H. Drug stores, pharmacies. I. Equipment rentals. J. Food and beverage establishments, such as restaurants, cafeterias, drive-in restaurants, cocktail lounges, and taverns, provided that drive-in restaurants, restaurants with cocktail lounges, and taverns that have direct customer access to an alley abutting residentially zoned property shall be conditional uses. K. Food item retail sales, such as bakery shops, delicatessens, grocery stores, and supermarkets. L. General merchandise sales. M. Hardware stores. N. Household furnishings stores, such as appliance stores, furniture stores, office equipment stores, and stereo stores. O. Libraries. P. Medical/dental offices and clinics and laboratories. Q. Medical supply stores. Page 73 R. Printing, blueprinting, photo developing and reproduction. S. Public parks and recreation facilities. T. Reconstruction, remodeling, or improvements to residential structures existing or established prior to January 1, 2007. U. Repair services, such as appliance repair, furnishings repair, shoe repair, and TV and stereo repair services. V. Residential uses, as permitted in PAMC 17.15.020, on the first floor or above with a primary commercial use located fronting that portion of the site facing an arterial street. W. Self-service laundries. X. Service stations. Y. Sign shops. Z. Specialty shops such as gift, florist, hobby, antique, candy, ice cream, movie rental, bicycle, book, computer, toy, and retail pet stores. AA. Small animal veterinary offices. (Ord. 3390 § 6, 1/30/2010; Ord. 3272, 2/16/2007; Ord. 3180 § 1 (part), 12/17/2004; Ord. 3155 § 10, 1/30/2004; Ord. 3007 § 5 (part), 1/15/1999; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2797 § 4, 2/11/1994) 17.22.050 - Accessory uses. Accessory uses determined by the Director of Community and Economic Development to be compatible with the intent of this chapter are permitted. (Ord. 3272, 2/16/2007; Ord. 2921 § 10, 6/28/1996) 17.22.160 - Conditional uses. A. Clubs and lodges. B. Drive-in restaurants, restaurants with cocktail lounges and taverns that have direct customer access to an alley abutting residentially zoned property. C. Fire stations. D. Frozen food or cold storage lockers. E. Funeral homes and mortuaries. F. Hotels, motels and hostels. G. Microbreweries. H. Off-street parking structures and lots. I. Self-service car washes. J. Utility buildings and structures. K. Other uses compatible with the intent of this chapter. (Ord. 3272, 2/16/2007; Ord. 3180 § 1 (part), 12/17/2004; Ord. 3155 § 11, 1/30/2004; Ord. 3071, § 4 (part), 12/15/2000; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2797 § 4, 2/11/1994) Page 74 17.22.200 - Area and dimensional requirements. A. Minimum lot area: 7,000 square feet. Residential uses on the first floor shall comply with the RHD rear setback requirements. B. Minimum lot width: 50 feet. C. Minimum yard requirements: No structure shall be built within 15 feet of an alley that abuts any property that has a residential zoning classification. No loading structure or dock with access onto the alley shall be built within 15 feet of an alley. Driveway access onto an alley shall maintain a vision clearance triangle. The vision clearance triangle shall extend ten feet along the alley and 15 feet along the edge of the driveway, measured from the point of intersection of each side of the driveway and the alley right-of-way line. D. Maximum lot coverage: 50 percent. E. Maximum height: 35 feet. The building height may be modified to achieve the goals in Section 17.44.050. (Ord. 3332 § 4, 4/25/2008; Ord. 3272, 2/16/2007; Ord. 3180 § 1 (part), 12/17/2004; Ord. 3111 § 4, 3/15/2002; Ord. 3042 § 3 (part) 1/28/2000; Ord. 2977 § 1 (part), 12/26/1997; Ord. 2863 § 3, 4/14/1995; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2797 § 4, 2/11/1994) 17.22.210 - Off-street parking. (See Chapter 14.40 PAMC). (Ord. 2797 § 4, 2/11/1994) 17.22.230 - Design and landscaping. A. All outdoor storage areas, except City mechanized refuse collection system containers, shall be screened from view from public rights-of-way and abutting property by a sight-obscuring fence six feet in height. B. All lighting on the site shall be so directed as to reflect away from adjoining non-commercial property and public rights-of-way. C. A sixfive-foot sidewalk accompanied by a minimum fourfive-foot landscape strip shall be required within the right-of-way adjacent to the front property line as well as adjoining arterial corridors. D. The side yard abutting a residentially zoned lot shall be landscaped in a manner that is complementary or similar to residential landscaping. In other words, such landscaping shall be complementary or similar to shrubs of three-foot to six-foot mature height interspersed with evergreen, deciduous and/or ornamental trees. Five feet of the rear yard setback area abutting a residentially zoned lot shall be landscaped in a similar manner. E. Unused space that is over 24 square feet and that results from the design of parking space arrangements or accessory structures shall be landscaped. F. All required parking areas shall include tree landscaping of at least one tree such that the tree canopy covers at least 20 percent of the total paved area after a period of 5 years, for each group of six or fewer parking spaces with a minimum of two (2) trees, exclusive of any required perimeter landscaping. Vegetation within LID facilities may be used to meet landscaping requirements. [Illustration - 11 parking spaces requires two trees; 12 spaces requires two trees; 13 spaces requires three trees.] The trees shall be of a type approved by the City, and be at least two-inch caliper at time of planting, and placed in a minimum planting area of 100 square feet. Trees shall attain a minimum height of at least 20 feet Page 75 at maturity. Alternatively, landscaping plans with functionally compatible planters and equivalent vegetative cover may be submitted for approval by the Director of Community and Economic Development as mitigation for this requirement when site constraints deem necessary. Refer to 15.20.070 and 15.20.080 PAMC for appropriate pruning and vegetation management techniques. To ensure survivability of vegetation and tree coverage goal, a 5-year bond or other surety for 5% of the total landscape project costs shall be required. G. Parking areas shall have interspersed landscaped islands and shall have no more than eight consecutive parking spaces. Islands with vegetation within LID facilities may be used to meet landscaping requirements. Underground parking and parking included in a parking structure are excluded from this requirement. H. All parking lots shall be screened by three-foot to six-foot vision-obscuring fence or vegetation on all sides adjacent to residentially zoned property. (Ord. 3272, 2/16/2007; Ord. 3180 § 1 (part), 12/17/2004; Ord. 2797 § 4, 2/11/1994) CHAPTER 17.23 - CA - COMMERCIAL, ARTERIAL 17.23.010 - Purpose. This is a commercial zone intended to create and preserve areas for businesses serving the entire City and needing an arterial location because of the nature of the business or intensity of traffic generated by the business. Commercial uses that are largely devoid of any impacts detrimental to the environment are allowed. Service stations with petroleum products and dry cleaning shops with hazardous materials are permitted uses. This zone provides the basic urban land use pattern for automobile oriented, commercial uses with direct access on a principal arterial street and design standards for greater automobile and truck traffic. (Ord. 3123 § 14, 10/11/2002; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2293 § 1 (part), 4/4/1984) 17.23.040 - Permitted uses. A. Retail buildings: 1. Auto supply stores, service stations, self-service gas islands, car wash facilities and tire shops. 2. Building material stores, cabinet shops, glass stores, hardware stores, lumber yards, paint stores, and plumbing supply stores. 3. Commercial recreation establishments, such as bowling alleys, theaters (movie and others), skating rinks, putt-putt golf courses, climbing walls and arcades. 4. Drug stores, pharmacies. 5. Farm equipment stores, garden supply stores, nurseries. 6. Food and beverage establishments, such as cafes, cafeterias, restaurants, take-out lunch stands, drive-in restaurants, cocktail lounges and taverns; provided that drive-in restaurants, restaurants with cocktail lounges, and taverns, that have direct customer access to an alley abutt ing residentially zoned property, shall be conditional uses. 7. Food item retail sales, such as bakery shops, candy and ice cream stores, delicatessens, fruit and vegetable stands, grocery stores, liquor stores, meat and fish markets, and supermarkets. Page 76 8. General merchandise stores, such as clothing and shoe stores, department stores, second-hand stores, antique stores, pawn shops, sporting goods stores, and variety stores. 9. Household furnishings stores, such as appliance stores, furniture stores, office equipment stores, and stereo stores. 10. Motels, hotels, and hostels. 11. Medical supply stores. 12. Dealerships of new and used automobiles, trucks, trailers, motorcycles, recreational vehicles, tractors, boats, including related sales, leasing, and servicing. 13. Specialty shops, such as gift, florist, hobby, antique, candy, ice cream, movie rental, bicycle, book, computer, toy, and retail pet stores. 14. Shopping centers, not exceeding 100,000 square feet in building floor area. B. Services: 1. Art galleries and museums. 2. Business colleges, trade schools and personal instruction such as music, art, and dance schools. 3. Business and professional offices. 4. Chemical dependency treatment and detoxification centers. 5. Child day-care centers and pre-schools. 6. Churches. 7. Equipment rental stores. 8. Financial services offices, such as banks, financial institutions, insurance and real estate services offices. 9. Frozen food or cold storage lockers. 10. Funeral homes and mortuaries. 11. Laundries, commercial and self service, dry cleaning shops, and tailor shops. 12. Libraries. 13. Medical/dental offices and clinics and laboratories. 14. Personal services facilities, such as barber shops and beauty shops, exercise and reducing studios, and travel agencies. 15. Printing, blueprinting, photo developing and reproduction shops. 16. Public parks and recreation facilities. 17. Repair services shops, such as appliance repair, furnishings repair shops, shoe repair, and TV and stereo repair services. 18. Sign shops. 19. Small animal veterinary offices. 20. Utility buildings and structures. C. Institutional: 1. Clubs and lodges. D. Residential: Page 77 1. Reconstruction*, remodeling, or improvements to residential structures existing or established prior to January 1, 2007. *Typographical spelling error corrected in Ordinance 3272. 2. Residential uses, as permitted in PAMC 17.15.020, on the first floor or above with a primary commercial use located fronting that portion of the site facing an arterial street. E. Transportation and communication: 1. Convention centers, auditoriums. 2. Ferry, seaplane, airplane, and helicopter facilities. 3. Mass transit terminals. 4. Parcel delivery service terminals. 5. Radio stations, TV stations, and newspaper buildings. 6. Vehicular services buildings, such as ambulance service, automotive and truck rentals, and vehicle maintenance and repair shops, not including auto body and paint shops and auto engine repair shops. F. Wholesale: 1. Mini-warehouses, transfer, moving and storage facilities. 2. Warehouse buildings and yards. 3. Wholesale stores. (Ord. 3390 § 7, 1/30/2010; Ord. 3272, 2/16/2007; Ord. 3180 § 1 (part), 12/17/2004; Ord. 3155 § 12, 1/30/2004; Ord. 3071, § 4 (part), 12/15/2000; Ord. 3007 § 5 (part), 1/15/1999; Ord. 2861 § 1 (part), 3/17/1997; Ord. 2742 § 1, 1/29/1993; Ord. 2652 § 12, 9/27/1991; Ord. 2636 § 6 (part), 5/15/1991; Ord. 2591 § 1, 5/25/1990; Ord. 2293 § 1 (part), 4/4/1984.) 17.23.080 - Accessory uses. Accessory uses determined by the Director of Community and Economic Development to be compatible with the intent of this chapter are permitted. (Ord. 3272, 2/16/2007; Ord. 2921 § 11, 6/28/1996; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2293 § 1 (part), 4/4/1984) 17.23.160 - Conditional uses. A. Auto body and paint shops and auto engine repair shops. B. Drive-in restaurants, restaurants with cocktail lounges and taverns, all of which have direct customer access to an alley abutting residentially zoned property. C. Fire stations. D. Licensed impound yards. E. Massage parlors, saunas and steam baths, as primary use. F. Microbreweries G. Off-premises outdoor advertising signs Page 78 H. Off-street business parking structures and lots. I. Recreational vehicles, vacation trailers, and campers courts and parks. J. Salvage and recycling buildings. K. Shopping centers, exceeding 100,000 square feet in building floor area. L. Social service agency buildings providing 24-hour residential care. M. Kennels, provided: 1. Buildings and structures are soundproof. 2. All run areas are surrounded by an eight-foot solid wall or fence. 3. Animal runs are to be constructed in such a manner that no animal can see another. N. Other uses compatible with the intent of this chapter. (Ord. 3272, 2/16/2007; Ord. 3155 § 13, 1/30/2004; Ord. 2948 § 5 (part), 2/14/1997; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2837 § 1, 9/30/1994; Ord. 2796 § 10, 2/11/1994; Ord. 2752 § 2, 3/26/1993; Ord. 2652 § 13, 9/27/1991; Ord. 2636 § 6 (part), 5/15/1991; Ord. 2293 § 1 (part), 4/4/1984) 17.23.200 - Area and dimensional requirements. A. Minimum lot area: 7,000 square feet. Residential uses on the first floor shall comply with the RHD rear setback requirements. B. Minimum lot width: 50 feet. C Setbacks: Front: No setback requirement. Rear: No structure shall be built within the rear 15 feet of a lot that abuts an alley or a residential zone. Side: No structure shall be built within 15 feet of any property that has a residential zoning classification or an alley. No side yard shall be required when abutting another commercially zoned lot, except that for ground floor residential structures a seven-foot side yard shall be required. D. Maximum lot coverage: 60 percent. E. Maximum building height: 35 feet. In order to reduce impervious surfaces, building height may exceed the standard in the underlying zone to a maximum of twenty percent; provided that the project design protects adjacent uses both inside and outside of the development site from adverse impacts on privacy, light, air and significant public views. An increase in building height must be shown to reduce site coverage by a similar percentage. (Ord. 3332 § 5, 4/25/2008; Ord. 3272, 2/16/2007; Ord. 3180 § 1 (part), 12/17/2004; Ord. 2977 § 1 (part) 12/26/1997; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2591 § 2, 5/25/1990; Ord. 2293 § 1 (part), 4/4/1984) 17.23.210 - Off-street parking. (See Chapter 14.40 PAMC.) (Ord. 2861 § 1 (part), 3/17/1995; Ord. 2293 § 1 (part), 4/4/1984) Page 79 17.23.230 - Design and landscaping. A. All outdoor storage areas except sanitation receptacles associated with mechanized collection shall be screened from view from public rights-of-way and abutting property by a sight-obscuring fence six feet in height. B. All lighting on the site shall be directed or shaded so as not to shine directly on adjoining non- commercial property. C. A sixfive-foot sidewalk accompanied by a minimum fourfive-foot landscape strip shall be required within the right-of-way adjacent to the front property line as well as adjoining arterial corridors. D. A visual screen consisting of solid fencing, landscaping, or other materials, shall be provided in t he yard abutting residentially zoned land. Such a screen shall be to a height of six feet. If landscaping is used, it shall include evergreen shrubs planted to form a hedge that will reach a height of six feet within three years of the planting date. Such screen shall be maintained to a maximum height of six feet. Approved vehicle driveways to an alley and sanitation receptacles associated with mechanized collection shall not be obstructed. Clear vision triangles shall be maintained. E. All required parking areas shall include tree landscaping of at least one tree such that the tree canopy covers at least 20 percent of the total paved area after a period of 5 years, for each group of six or fewer parking spaces with a minimum of two (2) trees, exclusive of any required perimeter landscaping. Vegetation within LID facilities may be used to meet landscaping requirements. [Illustration - 11 parking spaces requires two trees; 12 spaces requires two trees; 13 spaces requires three trees.] The trees shall be of a type approved by the City, and be at least two-inch caliper at time of planting, and placed in a minimum planting area of 100 square feet. Trees shall attain a minimum height of at least 20 feet at maturity. Alternatively, landscaping plans with functionally compatible planters and equivalent vegetative cover may be submitted for approval by the Director of Community and Economic Development as mitigation for this requirement when site constraints deem necessary. Refer to 15.20.070 and 15.20.080 PAMC for appropriate pruning and vegetation management techniques. To ensure survivability of vegetation and tree coverage goal, a 5-year bond or other surety for 5% of the total landscape project costs shall be required. F. Parking areas shall have interspersed landscaped islands and shall have no more than eight consecutive parking spaces. Islands with vegetation within LID facilities may be used to meet landscaping requirements. Underground parking and parking included in a parking structure are excluded from this requirement. (Ord. 3272, 2/16/2007; Ord. 3180 § 1 (part), 12/17/2004; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2293 § 1 (part), 4/4/1984) CHAPTER 17.24 - CBD - CENTRAL BUSINESS DISTRICT 17.24.010 - Purpose. This is a commercial zone intended to strengthen and preserve the area commonly known as the downtown for major retail buildings, service, financial, and other commercial operations that serve the entire community, the regional market, and tourists. It is further the purpose of this zone to establish standards to improve pedestrian access and amenities and to increase public enjoyment of the shoreline. Commercial uses that are largely devoid of any impacts detrimental to the environment are allowed. Gasoline service islands and marine fueling stations are conditionally permitted uses. This zone provides the basic urban land use pattern for commercial, mixed use and, pedestrian oriented uses located in the center of the City with direct access to mass transit services, design standards for compatible commercial development, and support for public parking and business improvements. Page 80 (Ord. 3272, 2/16/2007; Ord. 3180 § 1 (part), 12/17/2004; Ord. 3123 § 15, 10/11/2002; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2303 § 1 (part), 7/4/1984) 17.24.040 - Shoreline Master Program. Within 200 feet of ordinary high water, permitted or conditional uses must comply with the Shoreline Master Program as adopted and amended by the City. (Ord. 2861 § 1 (part), 3/17/1995; Ord. 2303 § 1 (part), 7/4/1984) 17.24.041 - Permitted uses. A. Retail buildings: 1. Auto supply stores. 2. Hardware stores, paint stores, and plumbing supply stores. 3. Commercial recreation establishments, such as bowling alleys, theaters (movie and others), skating rinks, putt-putt golf courses, climbing walls, and arcades. 4. Food and beverage establishments, such as cocktail lounges, cafés, cafeterias, restaurants, sidewalk cafés (subject to the permit requirements of the Street Use Ordinance No. 2229 as amended by 2350), take-out lunch stands, and taverns. 5. Food item retail sales, such as bakery, candy and ice cream stores, delicatessens, fruit and vegetable stands, grocery stores, liquor stores, and meat and fish markets. 6. General merchandise stores, such as clothing and shoe stores, department stores, drug stores, second-hand stores, antique stores, pawn shops, shopping centers (100,000 square feet or less in building floor area), sporting goods stores, and variety stores. 7. Household furnishings stores, such as appliance stores, furniture stores, office equipment stores, and stereo stores. 8. Motels, hotels, and hostels. 9. Specialty shops such as gift, florist, hobby, antique, candy, ice cream, movie rental, bicycle, book, computer, toy, and retail pet stores. B. Services: 1. Art galleries and museums. 2. Business colleges, trade schools, and personal instruction such as music, art, and dance schools. 3. Business and professional offices. 4. Business services offices, such as accounting, tax, employment, management consulting, and printing services. 5. Child day-care centers and pre-schools. 6. Churches. 7. Financial services offices, such as banks, financial institutions, insurance and real estate services offices. 8. Self-service laundries and tailor shops. 9 Libraries. 10. Medical/dental offices and clinics and laboratories. Page 81 11. Medical supply stores. 12. Personal services facilities, such as barber and beauty shops, exercise and reducing studios, and travel agencies. 13. Public parks and recreation facilities. 14. Repair services shops, such as appliance repair, furnishing repair, shoe repair, and TV and stereo repair services. C. Institutional: 1. Clubs and lodges. 2. Research vessels. D. Residential: 1. Residential uses, as permitted in PAMC 17.15.020, on the first floor or above with a primary commercial use located fronting that portion of the site facing a street. E. Transportation and communication: 1. Convention centers, auditoriums. 2. Ferry, seaplane, and helicopter facilities. 3. Mass transit terminals and multimodal centers. 4. Off-street business parking structures and lots. 5. Radio stations, TV stations, and newspaper buildings. 6. Vehicular rental services facilities, including light trucks, automobiles, motorcycles, mopeds, and bicycles. 7. Vessel moorage, including marinas and docks for pleasure boats, Coast Guard vessels, and submarines. (Ord. No. 3441, § 8, 11-15-2011; Ord. 3390 § 8, 1/30/2010; Ord. 3272, 2/16/2007; Ord. 3180 § 1 (part), 12/17/2004; Ord. 3007 § 5 (part), 1/15/1999; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2742 § 1, 1/29/1993; Ord. 2652 § 14, 9/27/1991; Ord. 2591; § 3, 5/25/1990; Ord. 2533 § 1, 5/24/1989; Ord. 2303 § 1 (part), 7/4/1984) 17.24.080 - Accessory uses. Accessory uses determined by the Director of Community and Economic Development to be compatible with the intent of this chapter are permitted. (Ord. 3272, 2/16/2007; Ord. 2921 § 12, 6/28/1996; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2303 § 1 (part), 7/4/1984) 17.24.160 - Conditional uses. A. Boat sales, marine items, and related servicing facilities. B. Fire stations. C. Glass stores. D. Microbreweries. Page 82 E. Self-service gas islands and gasoline service islands, accessory to convenience or grocery stores. F. Social service agency buildings providing 24-hour residential care. G. Utility buildings and structures. H. Other uses compatible with the intent of this chapter. (Ord. 3272, 2/16/2007; Ord. 3180 § 1 (part), 12/17/2004; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2837 § 2, 9/30/1994; Ord. 2796 § 11, 2/11/1994; Ord. 2752; § 3, 3/26/1993; Ord. 2652 § 15, 9/27/1991; Ord. 2636 § 7, 5/15/1991; Ord. 2303 § 1 (part), 7/4/1984) 17.24.200 - Area and dimensional requirements. A. Minimum lot area: 3,500 square feet. Residential uses on the first floor shall comply with RHD rear setback requirements. B. Minimum lot width: 25 feet. C. Setbacks/building envelope distances: Side: None, except no structure shall be built within ten feet of any property that has a residential zoning classification. No side yard required when abutting a commercial, green belt, or industrial zoned lot; except that for ground floor residential structures a seven-foot side yard shall be required. Rear: None, except no loading structure or dock shall be built within 15 feet of any alley. Front: At least 50 percent of the front property line shall be abutted by a building; provided, however, that for the purposes of this section, a publicly accessible plaza, square, outdoor dining area, or similar area shall be considered a building. D. Maximum lot coverage: 100 percent maximum. E. Maximum building height: 45 feet. In order to reduce impervious surfaces, building height may exceed the standard in the underlying zone to a maximum of twenty percent; provided that the project design protects adjacent uses both inside and outside of the development site from adverse impacts on privacy, light, air and significant public views. An increase in building height must be shown to reduce site coverage by a similar percentage. Additional height may be approved through a conditional use permit process that considers the impacts upon existing views and solar protection, shadow impacts, and factors such as the height of the bluff south of First Street. F. Minimum building height: All new structures in the CBD shall have a minimum of two functional stories above adjoining street level. (Ord. 3332 § 6, 4/25/2008; Ord. 3272, 2/16/2007; Ord. 3180 § 1 (part), 12/17/2004; Ord. 3137 § 2, 2/14/2003; Ord. 3042 § 3 (part) 1/28/2000; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2303 § 1 (part), 7/4/1984) 17.24.210 - Off-street parking. (See Chapter 14.40 PAMC). (Ord. 2861 § 1 (part), 3/17/1995; Ord. 2303 § 1 (part), 7/4/1984) 17.24.220 - Signs. Page 83 Signs shall comply with Chapter 14.36 PAMC. (Ord. 2861 § 1 (part), 3/17/1995; Ord. 2303 § 1 (part), 7/4/1984) 17.24.230 - Design and landscaping standards. A. All outdoor storage areas, except those associated with municipal solid waste collection, shall be screened from public view from public rights-of-way and established marine and pedestrian routes. B. At least the first five feet of the ten-foot setback area abutting a residential zone shall be landscaped. Landscaping shall include shrubs and trees of at least six-foot mature height capable of forming a visual screen. C. Drive-in facilities, including accessory uses such as drive-in windows of banks and restaurants, except for ferry terminals and parking lots and structures, are prohibited. (Ord. 3180 § 1 (part), 12/17/2004; Ord. 3042 § 3 (part) 1/28/2000; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2303 § 1 (part), 7/4/1984) CHAPTER 17.25 - CR - COMMERCIAL, REGIONAL 17.25.010 - Purpose. This is a commercial zone intended to create and preserve areas for businesses serving the entire region and needing an arterial location because of the nature of the business, intensity of traffic generated, or a demand for large land areas by the business. These types of commercial uses provide a multiplicity of goods and services in a single location and therefore require large areas for the building and parking. Commercial uses that are largely devoid of any impacts detrimental to the environment are allowed. Service stations with petroleum products and dry cleaning shops with hazardous materials are permitted uses. Such uses do not follow the basic land use pattern of the of the traditional townsite and are not typically pedestrian oriented. This zone offers vehicular access from major transportation corridors. (Ord. 3180 § 1 (part), 12/17/2004) 17.25.040 - Permitted uses. A. Retail: 1. Auto supply stores, service stations, self-service gas islands, car wash facilities, and tire shops. 2. Building material stores, cabinet shops, glass stores, hardware stores, lumber yards, paint stores, and plumbing supply stores. 3. Businesses selling medical supplies, goods, instruments, medicine, and similar items. 4. Commercial recreation establishments, such as bowling alleys, theaters (movie and others), skating rinks, driving ranges, putt-putt golf courses, climbing walls, and arcades. 5. Farm equipment stores, garden supply stores, nurseries. 6. Food and beverage establishments, such as cocktail lounges, cafes, cafeterias, drive-in restaurants, restaurants, take-out lunch stands, and taverns; provided that drive-in restaurants, restaurants with cocktail lounges, and taverns, that have direct customer access to an alley abutting residentially zoned property, shall be conditional uses. Page 84 7. Food item retail sales outlets, such as bakery shops, candy and ice cream stores, delicatessens, fruit and vegetable stands, grocery stores, liquor stores, meat and fish markets, including frozen or cold storage food lockers, and supermarkets. 8. General merchandise stores, such as catalogue sales stores, clothing and shoe stores, department stores, drug stores, second-hand stores, antique stores, pawn shops, sporting goods stores, and variety stores. 9. Household furnishings stores, such as appliance stores, furniture stores, office equipment stores, and stereo stores. 10. Motels, hotels and hostels. 11. Dealerships of new and used automobiles, trucks, trailers, motorcycles, recreational vehicles, tractors, boats, including related sales, leasing, renting, and servicing. 12. Specialty shops, such as gift, florist, hobby, antique, candy, ice cream, movie rental, bicycle, book, computer, toy, and retail pet stores. 13. Shopping centers. B. Services: 1. Art galleries and museums. 2. Business colleges, trade schools, and personal instruction such as music, art, and dance schools. 3. Business parks and professional offices. 4. Business services offices, such as accounting, tax, employment, and management consulting services. 5. Cemeteries. 6. Chemical dependency treatment and detoxification centers. 7. Child day-care centers and pre-schools. 8. Churches. 9. Equipment rental stores. 10. Financial services offices, such as banks, financial institutions, insurance and real estate services offices. 11. Frozen food or cold storage lockers. 12. Funeral homes and mortuaries. 13. Laundries, commercial and self-service, dry cleaning shops, and tailor shops. 14. Libraries. 15. Medical/dental offices and clinics and laboratories. 16. Personal services facilities, such as barber and beauty shops, exercise and reducing studios, and travel agencies. 17. Printing, blueprinting, photo developing and reproduction, and sign shops. 18. Public parks and recreation facilities. 19. Repair services shops, such as appliance repair, shoe repair, and TV and stereo repair services. 20. Veterinary offices, clinics, and kennels. C. Institutional: 1. Social clubs, lodges, and fraternal organizations. Page 85 2. Schools D. Residential: 1. Reconstruction, remodeling, or improvements to residential structures existing or established prior to January 1, 2007. 2. Residential uses, as permitted in PAMC 17.15.020, on the first floor or above with a primary commercial use located fronting that portion of the site facing an arterial street. E. Transportation and communication: 1. Convention centers, auditoriums. 2. Airplane and helicopter facilities. 3. Mass transit terminals. 4. Parcel delivery service terminals. 5. Radio stations, TV stations, and newspaper buildings. 6. Vehicular services buildings, such as ambulance service, automotive and truck rentals, and vehicle maintenance and repair shops, not including auto body and paint shops. F. Wholesale: 1. Storage services buildings, such as frozen food and cold storage lockers, mini-warehouses, transfer, moving and storage facilities. 2. Warehouse buildings and yards. 3. Wholesale stores. G. Mixed commercial/residential development. (Ord. 3390 § 9, 1/30/2010; Ord. 3272, 2/16/2007; Ord. 3180 § 1 (part), 12/17/2004) 17.25.080 - Accessory uses. Accessory uses determined by the Director of Community and Economic Development to be compatible with the intent of this chapter are permitted. (Ord. 3272, 2/16/2007; Ord. 3180 § 1 (part), 12/17/2004) 17.25.160 - Conditional uses. A. Auto body and paint shops. B. Drive-in restaurants, restaurants with cocktail lounges and taverns that have direct customer access to an alley abutting residentially zoned property. C. Fire stations. D. Licensed impound yards. E. Massage parlors, saunas and steam baths, as primary use. F. Microbreweries. G. Off-premises outdoor advertising signs. H. Off-street business parking structures and lots. I. Recreational vehicles, vacation trailers, and campers courts and parks. Page 86 J. Salvage and recycling buildings. K. Social service agency buildings providing 24-hour residential care. L. Utility buildings and structures. M. Other uses compatible with the intent of this chapter. (Ord. 3272, 2/16/2007; Ord. 3180 § 1 (part), 12/17/2004) 17.25.200 - Area and dimensional requirements. A. Minimum lot area: 7,000 square feet. Residential uses on the first floor shall comply with the RHD rear setback requirements. B. Minimum lot width: 50 feet. C. Setbacks: Front: No setback requirement. Rear: No structure shall be built within the rear 15 feet of a lot that abuts an alley or a residential district. Side: No structure shall be built within 15 feet of any property that has a residential zoning classification or an alley. No side yard shall be required when abutting another commercially zoned lot, except that for residential and mixed commercial/residential structures a seven-foot side yard shall be required. D. Maximum lot coverage: 60 percent. E. Maximum site coverage: 80 percent. FE. Maximum building height: 35 feet. In order to reduce impervious surfaces, building height may exceed the standard in the underlying zone to a maximum of twenty percent; provided that the project design protects adjacent uses both inside and outside of the development site from adverse impacts on privacy, light, air and significant public views. An increase in building height must be shown to reduce site coverage by a similar percentage. (Ord. 3332 § 7, 4/25/2008; Ord. 3272, 2/16/2007; Ord. 3180 § 1 (part), 12/17/2004) 17.25.210 - Off-street parking. (See Chapter 14.40 PAMC.) (Ord. 3180 § 1 (part), 12/17/2004) 17.25.230 - Design and landscaping. A. All outdoor storage areas except sanitation receptacles associated with mechanized collection shall be screened from view from public rights-of-way and abutting property by a sight-obscuring fence six feet in height. B. All lighting on the site shall be directed or shaded so as not to shine directly on adjoining non- commercial property. C. A sixfive-foot sidewalk accompanied by a minimum fourfive-foot landscape strip shall be required within the right-of-way adjacent to the front property line as well as adjoining arterial corridors. Page 87 D. A visual screen consisting of solid fencing, landscaping, or other materials, shall be provided in the yard abutting residentially zoned land. Such a screen shall be to a height of six feet. If landscaping is used, it shall include evergreen shrubs planted to form a hedge that will reach a height of six feet within three years of the planting date. Such screen shall be maintained to a maximum height of six feet. Approved vehicle driveways to an alley and sanitation receptacles associated with mechanized collection shall not be obstructed. Clear vision triangles shall be maintained. E. All required parking areas shall include tree landscaping of at least one tree such that the tree canopy covers at least 20 percent of the total paved area after a period of 5 years, for each group of six or fewer parking spaces with a minimum of two (2) trees, exclusive of any required perimeter landscaping. Vegetation within LID facilities may be used to meet landscaping requirements. [Illustration - 11 parking spaces requires two trees; 12 spaces requires two trees; 13 spaces requires three trees.] The trees shall be of a type approved by the City, and be at least two-inch caliper at time of planting, and placed in a minimum planting area of 100 square feet. Trees shall attain a minimum height of at least 20 feet at maturity. Alternatively, landscaping plans with functionally compatible planters and equivalent vegetative cover may be submitted for approval by the Director of Community and Economic Development as mitigation for this requirement when site constraints deem necessary. Refer to 15.20.070 and 15.20.080 PAMC for appropriate pruning and vegetation management techniques. To ensure survivability of vegetation and tree coverage goal, a 5-year bond or other surety for 5% of the total landscape project costs shall be required. F. Parking areas shall have interspersed landscaped islands and shall have no more than eight consecutive parking spaces. Islands with vegetation within LID facilities may be used to meet landscaping requirements. Underground parking and parking included in a parking structure are excluded from this requirement. (Ord. 3272, 2/16/2007; Ord. 3180 § 1 (part), 12/17/2004) CHAPTER 17.26 - RS - RETAIL STAND PERMIT 17.26.010 - Purpose. The purpose of this chapter is to ensure that retail stands are appropriately located in the commercial and public 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 chapter provides for retail stands to be permitted through a special use permit process. (Ord. 3123 § 16 (part), 10/11/2002; Ord. 3042 § 3 (part) 1/28/2000; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2596 § 1, 6/27/1990; Ord. 2471 § 1, (part), 1/1/1988) 17.26.020 - Definitions. A Retail stand is a small, moveable cart that is operated from a fixed location and is designed and sized to be readily moved under the control of one person but not under its own power. A retail stand is a special use as defined in PAMC 17.08.095. (Ord. 3123 § 16 (part), 10/11/2002; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2471 § 1, (part), 1/1/1988) 17.26.030 - Retail stand permit required. Page 88 No retail stand shall be permitted in the City of Port Angeles unless a retail stand permit is approved pursuant to, and in compliance with, the provisions of this chapter. A retail stand permit is a special use permit as defined in PAMC 17.08.095. (Ord. 3123 § 16 (part), 10/11/2002; Ord. 3042 § 3 (part) 1/28/2000; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2471 § 1, (part), 1/1/1988) 17.26.040 - Development standards. All proposed retail stands must be compatible with the permitted and conditional uses of the zone in which the retail stand is located and must be compatible with the use of sidewalks as pedestrian thoroughfares and the use of parking lots as public parking areas. In furtherance of this requirement, all retail stands shall comply with the following minimum development standards: A. The cart shall be not more than three feet wide by five feet long by five feet high and shall have a minimum of two functional rubber-tired wheels and positive wheel-locking devices. B. A canopy or umbrella may be included with the stand which may not exceed 40 square feet in area or a diameter of six feet. The canopy or umbrella shall be of vinyl, canvas, or similar durable material. Any part of such umbrella or canopy must have a minimum of seven feet of vertical clearance to the sidewalk and must not extend more than two feet from the edge of the cart in any direction. C. Retail stand materials shall be low maintenance and cleanable, preferably painted, and of non- corrosive metal. D. Each retail stand shall be a self-contained unit; PROVIDED, however, that self-contained electrical power generators are not permitted. Utility service connections are not permitted, except that electrical service connections may be permitted when provided by the adjacent property owner and when the following requirements are met: 1. Electrical lines are not allowed overhead or lying on the sidewalk. 2. The outlet location must be placed outside of walkways which are accessible to public and private use. 3. Length of electrical hook-up must be within 15 feet of the stand. 4. No extension cords will be allowed. 5. The hook-up must be permanently wired to the retail stand and meet National Electrical Code requirements as to type, size, and grounding, terminating in an approved outside weather- proof G.F.C.I. (ground fault circuit interrupting) type receptacle. 6. Each retail stand shall require an electrical permit unless previously UL approved, and require inspection prior to operation of the stand. E. Originality and diversity of design and the tasteful use of materials and colors shall be encouraged in order that existing businesses and properties are not detracted from and the economic development of the commercial area of the City is enhanced. As a general rule, bright cheerful colors will comply with this standard. F. Advertising signs may only be placed on the cart. Such signs must conform with City ordinance requirements for signs of the zoning district in which the retail stand is permitted. Any other signs shall not be permitted on sidewalks, parking lots or street areas; provided, however, in the CBD, Central Business District, advertising signs may be 40 percent of the façade or six square feet, whichever is less. G. Originality and appropriate graphics in signage shall be encouraged. Page 89 H. All required licenses and permits issued by the City of Port Angeles must be displayed in a prominent, visible manner. I. Retail stand operations must have a permit from the Clallam County Health Department, when required, and must comply with all applicable Health Department requirements. J. Retail stands must be removed from sites daily between the hours of 10:00 p.m. and 6:00 a.m. No retail stand shall be left unattended at any time. K. All persons conducting a retail stand business within the City must keep the site clean and orderly at all times and pick up any refuse or debris and clean up liquid spillage deposited by any person within 25 feet of the vendor's business location. Additionally, all such persons shall provide a refuse container for litter disposal by customers or other persons, which container shall be of a design approved by the City and which must be removed each day, along with the retail stand. City litter receptacles may not be substituted for this purpose. L. Support equipment and accessories shall be self-contained within the retail stand when the vendor is not present. Support equipment and accessories must not be placed in front of the cart and must not extend in total more than three feet from the edge of the cart as long as the overall length does not exceed a total of eight feet. Support equipment and accessories shall not be placed so as to impede pedestrian or vehicular traffic. Food and non-alcoholic beverage preparation, serving, and display are prohibited in the support equipment area. M. Noise-making devices and loud shouting or yelling to attract attention are prohibited. N. All persons conducting a retail stand business shall obey any order of a police officer to temporarily move such retail stand to avoid congestion or obstruction of the surrounding area for pedestrian and/or vehicular traffic. O. Retail stands shall not be locked or chained to street furniture or trees. P. All retail stands shall have one 2A10BC fire extinguisher mounted on the cart. Q. A minimum of five feet from the curb and additional space around the retail stand to maintain the pedestrian walkway as a public right-of-way shall be maintained at all times. Such width shall be measured after including the dimensions of the cart and awning attached to the cart, any support equipment or accessories placed adjacent to the cart during operations, and street furniture, street trees, lamp posts, etc. (Ord. 2861 § 1 (part), 3/17/1995; Ord. 2739 § 1, 1/29/1993; Ord. 2471 § 1, (part), 1/1/1988) 17.26.050 - General location standards. A. Retail stands may only be located in the following zones: 1. CA Commercial, Arterial; 2. CBD Central Business District; 3. CO Commercial, Office; 4. CN Commercial, Neighborhood; 5. CSD Community Shopping District; 6. PBP Public Buildings and Parks. B. The retail stand location shall be compatible with the pedestrian and the vehicular nature of the zone, the public interest, the use of the right-of-way as a public thoroughfare, the use of parking lots as public parking areas, and/or the use of an open air plaza in the CBD Zone. C. In determining whether or not a proposed location will be permitted, the following criteria shall be considered: Page 90 1. The type and intensity of the proposed use and the type and intensity of existing uses; 2. The width of the sidewalk; 3. The proximity and location of existing street furniture, including but not limited to sign posts, lamp posts, bus shelters, benches, phone booths, trees, news stands, as well as the presence of bus stops and truck loading zones; 4. Established and emerging pedestrian and vehicular traffic patterns; 5. The number of available retail stand sites in the given area of the City and the number of existing retail stands in such area; 6. Other factors deemed relevant by the City and consistent with the purpose of this chapter. D. The retail stand and location shall promote the diversity of retail stand activity. E. The site and retail stand together shall not create a pedestrian or vehicular traffic hazard. F. The retail stand shall be compatible with uses in the general vicinity and the adjacent properties. G. The retail stand and location shall promote the pedestrian nature of the general area in which it is located. H. The retail stand location shall be compatible with the public interest in the use of the sidewalk as a public right-of-way and the use of a public or private parking lot for the primary intended use for vehicular parking and access and shall not endanger the public health, safety and welfare. (Ord. 2861 § 1 (part), 3/17/1995; Ord. 2596 § 2, 6/27/1990; Ord. 2471 § 1, (part), 1/1/1988) 17.26.060 - Specific location standards. A. No retail stand shall be placed directly abutting a business which specializes in an item that the retail stand offers for sale, unless the applicant owns the establishment or has written consent from the proprietor of the establishment; e.g., a retail stand selling flowers may not be located directly adjacent to an established floral shop. If neighboring owners have submitted written disapprovals, the decision- maker shall give similar consideration based on distance from the site and impacts to such neighboring owners. B. When the abutting owner or tenant has submitted to the Department of Community and Economic Development written disapproval of the retail stand site, the decision-maker shall give due consideration to the impact that the retail stand would have on the abutting property owner's business and duty to maintain the sidewalk area. C. Each retail stand shall be placed so it does not obstruct or impede pedestrian or vehicular traffic. D. No retail stand shall be located within ten feet of the intersection of the adjacent sidewalk with any other sidewalk. E. Each retail stand shall be limited to one assigned location. In the event that two or more applications for the same location are received, the general locational standards of this chapter shall be used to determine which application, if approved, shall be assigned the location. F. One or two permits may be issued for a location, and no permit shall be issued for a location within 50 feet of a location for which two permits are already approved. G. No retail stand shall be placed within 200 feet of any public or private school, park, or playground, except when the entity having jurisdiction and control of such facility states in writing that it has no objection to the placement of such retail stand within 200 feet. H. Any retail stand located in a parking lot shall comply with the following minimum standards: Page 91 1. The retail stand shall not block entrances and exits to the parking lot or fire exit doors of any buildings. 2. The retail stand shall only occur in parking lots containing more than 20 spaces. 3. No retail stand shall occur in parking spaces directly in front of entrances or windows of a building. 4. The retail stand shall comply with all other applicable City ordinances and State statutes. I. No retail stand shall be located within eight feet of an abutting property or within ten feet from any building entrances. (Ord. 2861 § 1 (part), 3/17/1995; Ord. 2596 § 3, 6/27/1990; Ord. 2471 § 1, (part), 1/1/1988) 17.26.065 - Right-of-way use fee. In addition to the retail stand permit fee, retail stands that are to be located within City right-of-way shall also be required to pay to the City of Port Angeles an annual rental fee in the amount set forth in PAMC 3.70.040, which shall be paid prior to initial occupancy on a pro-rata basis for use beginning during the calendar year and shall be paid on January 1st of each calendar year thereafter. (Ord. 3042 § 3 (part) 1/28/2000; Ord. 2883 § 1, 9/15/1995) 17.26.070 - Application and notice procedure. Applications for new retail stand permits shall be considered starting in February of each year. In addition to the notice procedures contained in PAMC 18.02.050, notice shall be mailed to the latest recorded real property owners within at least 300 feet of the boundary of the site as shown by the records of the County Assessor. Labels shall be provided by the applicant. The application for a retail stand permit shall be submitted on a form obtained from the Department of Community and Economic Development and accompanied by the following documents: A. Certification that adjacent property owners and/or businesses, including those one entrance to the left and one entrance to the right, both at street level, have been notified by the applicant of the application request and that the applicant has paid all applicable dues, assessments, and taxes. B. Detailed scale drawings of the retail stand to be used including materials, specifications, and drawings showing all four sides of the stand, including any logos, printing, or signs which will be incorporated. An example of the type of drawings required may be obtained from the Department of Community and Economic Development. Color schemes must be indicated on the drawings. For existing retail stands, five by seven color photographs may be substituted for drawings. C. An accurate drawing (plot plan to scale) of the retail stand and its loc ation. The drawing must show the public or private place to be used, including design and size of the retail stand and support equipment accessories as placed adjacent to the retail stand during operation. D. If the area to be occupied is City-owned, such as a sidewalk, plaza, public access site, or parking lot, the permittee must obtain and retain a minimum of $500,000.00 public liability and property damage insurance coverage, naming the City as co-insured, and must sign an agreement to indemnify and hold the City harmless. E. The scheduled hours of operation for the season that includes times of day, days of the week, months of the year, and scheduled closings. (Ord. 3042 § 3 (part) 1/28/2000; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2596 § 4, 6/27/1990; Ord. 2471 § 1, (part), 1/1/1988) Page 92 17.26.080 - Routing and staff recommendations. Upon receipt of an application satisfying the requirements of this chapter, the Department of Community and Economic Development shall route it to all appropriate departments and provide written notification of application to the applicant, abutting business and abutting property owner. Each City Department shall submit to the Department recommendations and comments regarding the application. After consultation and coordination with all other applicable City Departments, the Director of Community and Economic Development shall attach such conditions as may be deemed necessary to ensure land use compatibility, public safety, and compliance with all standards and requirements of this chapter. (Ord. 2861 § 1 (part), 3/17/1995; Ord. 2471 § 1, (part), 1/1/1988) 17.26.090 - Director of Community and Economic Development's decision. The Director of Community and Economic Development's approval, denial, or approval with modifications or conditions shall be in written form with findings based upon compliance with all sections of this chapter and shall be provided to the applicant, the adjacent business, and the adjacent property owner. (Ord. 2861 § 1 (part), 3/17/1995; Ord. 2471 § 1, (part), 1/1/1988) 17.26.100 - Limitations. A. A retail stand permit may not be transferred to another person or to a location other than that stated on the permit. B. A permit for a retail stand located in a public right-of-way shall be approved for a period not to exceed eight months. C. A permit for a retail stand located on private property shall be approved for an initial period of time not to exceed one year. (Ord. 3042 § 3 (part) 1/28/2000; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2596 § 5, 6/27/1990; Ord. 2471 § 1, (part), 1/1/1988) 17.26.110 - Revocation. The Director of Community and Economic Development may immediately revoke or suspend the permit, or deny either the issuance or renewal thereof, if he finds that: A. The applicant or permittee has violated or failed to meet any of the provisions of this chapter or conditions of the permit; B. The cart or operation is detrimental to the surrounding businesses or to the public due to either appearance or condition of the cart; C. Any required licenses have been suspended, revoked, or canceled; D. The applicant or permittee does not have a currently effective insurance policy in the minimum amount provided in this chapter; or E. The scheduled hours of operation are not followed. Upon denial, suspension or revocation, the Director of Community and Economic Development shall notify the applicant or permittee in writing of the action he has taken and the reasons therefor. After giving such notice by certified mail, if the retail stand has not been removed within 15 days, the Director of Community and Economic Development, or his designee, may cause a removal of any retail stand found in violation of Page 93 this chapter and is authorized to store such cart or stand until the owner thereof shall redeem it by paying the removal and storage charges. (Ord. 3042 § 3 (part) 1/28/2000; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2596 § 6, 6/27/1990; Ord. 2471 § 1, (part), 1/1/1988) 17.26.130 - Appeals. A. Any person aggrieved by the decision of the Director of Community and Economic Development may appeal the decision to the City Council. B. Appeals shall be submitted to the Department of Community and Economic Development in writing within 15 days following the date of the decision. C. The City Council shall conduct an open record public hearing on the appeal of the Director of Community and Economic Development's decision with notice being given as set forth in PAMC 17.96.140. The Council's decision shall be final unless appealed to Clallam County Superior Court in accordance with PAMC 17.96.150. D. The retail stand shall be removed and shall not be operated during the appeal process. (Ord. 3042 § 3 (part) 1/28/2000; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2596 § 7, 6/27/1990; Ord. 2471 § 1, (part), 1/1/1988) 17.26.135 - Renewals. A. Renewals of approved permits shall be considered in accordance with the same procedures as for the original permit application, provided that the following minimum criteria are met: 1. The use complies with the permit conditions. 2. There have been no significant, adverse changes in circumstances. B. Permits for a retail stand located in a public right-of-way shall be granted on an annual basis. C. Permits for a retail stand located on a private property may be granted for a period of one to five years. D. Preference may be given to a renewal request before a new application for that retail stand location shall be considered. (Ord. 3042 § 3 (part) 1/28/2000) 17.26.140 - Effective date and holdover provisions. These rules and provisions shall take effect January 1, 1988. Vending units with valid permits as of that date may be granted renewals of those permits without regard to size and mobility of the units if the permittee, the location, and the cart or unit are the same as were permitted May 25, 1987. (Ord. 2861 § 1 (part), 3/17/1995; Ord. 2471 § 1, (part), 1/1/1988) CHAPTER 17.30 - IP - INDUSTRIAL PARK 17.30.010 - Purpose. Page 94 This is an industrial zone intended to create and preserve areas for office, commercial, and industrial uses in a planned, park-like setting. Permitted uses are 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 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 development on adjacent uses. While industrial and commercial uses that are devoid of any impacts detrimental to the environment are allowed, vehicle service stations with petroleum products 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 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. 3123 § 17, 10/11/2002; Ord. 2861 § 1 (part), 3/17/1995) 17.30.020 - Permitted uses. A. Manufacturing buildings for: 1. Clothing, shoes, and garments. 2. Electrical, electronic, and communications equipment. 3. Handicrafts, jewelry, musical instruments, and toys. 4. Assembly of machinery, such as but not limited to engines, vehicles, boats, aircraft, and parts thereof. 5. Medical, dental, optical, and orthopedic instruments and appliances. 6. Assembly of metal products, such as small arms, pens, office furniture, tools, and household appliances. 7. Microbreweries 8. Assembly of mobile and modular homes and home components. 9. Research and development laboratory buildings. 10. Wood products, such as cabinets, furniture, fixtures, and pre-fabricated building components. B. Retail: 1. Adult entertainment businesses. 2. Auto service stations. 3. Cocktail lounges and taverns. 4. Restaurants and cafes 5. Retail establishments accessory to building materials, electrical, and plumbing supplies. C. Wholesale distribution: 1. Warehouse buildings. 2. Wholesale stores. D. Services: 1. Art galleries and museums. 2. Building maintenance and janitorial services buildings. Page 95 3. Business colleges and trade schools. 4. Business and professional offices. 5. Business services offices, such as accounting, tax employment, management consulting, and printing services. 6. Financial services offices, such as bail bond stores, banks, financial institutions, insurance companies, real estate services, stock brokerages, and title companies. 7. Governmental and social service agency offices. 8. Self-service laundry buildings and tailor shops. 9. Libraries. 10. Medical/dental offices and clinics and laboratories. 11. Personal services facilities, such as barber shops, beauty shops, exercise and reducing studios, and travel agencies. 12. Public parks and recreation facilities. E. Institutional: 1. Clubs and lodges. F. Transportation and communication: 1. Airports, airport terminals, and related facilities. 2. Mass transit terminals. 3. Off-street parking structures and lots. 4. Parcel delivery service buildings. 5. Printing, publishing, and book-binding buildings. 6. Vehicular services facilities, such as automotive and truck rentals. 7. Utility buildings and structures. (Ord. 3059 § 4 (part), 7/28/2000; Ord. 2861 § 1 (part), 3/17/1995) 17.30.030 - Accessory uses. Accessory uses determined by the Director of Community and Economic Development to be compatible with the intent of this chapter are permitted. (Ord. 2921§ 13, 6/28/1996; Ord. 2861 § 1 (part), 3/17/1995) 17.30.040 - Conditional uses. A. Distribution buildings for food products, such as meat, fruit, vegetables, seafood, beverages, vegetable oils, and dairy products. B. Fire stations. C. Freight company terminals. D. Furnishing repair shops, such as upholstering reupholstering shops. E. Household moving and storage buildings. Page 96 F. Machinery maintenance and repair shops. G. Manufacturing buildings for specialized small mechanical parts, tools, die-casting, bearings, patterns, and other similar products, welding shops, and machine shops. H. Off-street parking structures and lots. I. Pharmaceutical and drug products buildings. J. Plastic and other synthetic products buildings. K. Public juvenile detention facilities, where: 1. The average daily noise levels (ldn) do not exceed 45 decibels for interior sleeping quarters, or such other standard as is generally accepted; and 2. The existing and potential industrial uses will not adversely impact the detention center. L. Radio towers exceeding 35 feet. M. Repair services shops, such as appliance repair, shoe repair, and TV and stereo repair services. N. Social service agency buildings providing 24-hour residential care, where: 1. The average daily noise levels (ldn) do not exceed 60 decibels for exterior portions of the site and 45 decibels for interiors of living quarters; 2. There are no existing industrial uses in the vicinity which would adversely impact the residential use; and 3. In the event a change in circumstances is found by the Planning Commission which would result in potential adverse impacts on an approved residential use, or if any land use conflicts arise, the conditional use shall become void and the residential use shall cease. O. Storage buildings and maintenance shops for builders, contractors, and governmental agencies. P. Vehicle maintenance and repair shops, gasoline service islands. Q. Veterinary clinics, offices, and kennels. R. Other office, commercial, and industrial uses compatible with the intent of this chapter. (Ord. 2861 § 1 (part), 3/17/1995) 17.30.050 - Area and dimensional requirements. A. Minimum lot area: 7,000 square feet. B. Minimum lot width: None. C. Setbacks: Front: 25 feet, except 35 feet abutting a residentially or commercially zoned property. Rear: 25 feet, except 35 feet abutting a residentially or commercially zoned property. Side: 15 feet, except 25 feet abutting a residentially or commercially zoned property. D. Maximum lot coverage: None. E. Maximum height: 35 feet. (Ord. 2861 § 1 (part), 3/17/1995) Page 97 17.30.060 - Off-street parking. (See Chapter 14.40 PAMC). (Ord. 2861 § 1 (part), 3/17/1995) 17.30.080 - Design and landscaping. A. A minimum five-foot landscaping area shall be provided abutting public rights-of-way, except for approved curb cuts. B. All lighting on the site shall be directed or shaded so that it does not shine directly on adjoining non- industrially zoned property or on public rights-of-way. C. A fifteen ten-foot wide buffer zone must be maintained adjacent to all residentially or commercially zoned property, which buffer zone shall not be used for storage, driveways, auto parking, or structures, except security fences. A visual screen, consisting of solid fencing, landscaping, or other materials, shall be provided in the buffer zone. Such a screen shall be to a height of six feet. If landscaping is used, it shall include evergreen shrubs planted to form a hedge of six feet mature height within three years of the planting date; except that approved vehicle driveway openings shall not be obstructed. Vegetation within LID facilities may count towards this requirement. D. One tree Trees shall be provided for the parking lot such that the tree canopy covers at least 20 percent of the total parking lot area after a period of 5 years for each group of ten spaces, exclusive of any perimeter landscaping. Trees shall have a minimum caliper of two inches and shall have a height of at least 20 feet at maturity. To ensure survivability of vegetation and tree coverage goal, a 5-year bond or other surety for 5% of the total landscape project costs shall be required. (Ord. 2861 § 1 (part), 3/17/1995) CHAPTER 17.31 - PID - PLANNED INDUSTRIAL DEVELOPMENT OVERLAY ZONE 17.31.010 - Purpose. This Overlay Zone is to provide alternative zoning regulations in industrial zones that permit and encourage design flexibility, conservation and protection of natural amenities, critical areas, and innovation in developments to those regulations found in the underlying zone. It is intended that a Planned Industrial Development (PID) may result in a mixed use environment of higher quality than traditional single use industrial development by use of a design process that includes within the site design all t he components of a mixed use neighborhood, such as open space, circulation, building types, a variety of uses, and natural features, in a manner consonant with the public health, safety, and welfare. By providing an opportunity to develop or redevelop industrial zoned sites to incorporate mixed residential, commercial and light industrial uses together on the same site, open space amenities, convenient access to commercial needs and work opportunities, and efficient residential densities can be provided. A PID is not intended to provide areas exclusively for residential or commercial use in place of and to the exclusion of other uses allowed in the underlying industrial zone. It is also intended that a PID may combine a number of land use decisions such as conditional use permits, rezones, and subdivisions into a single project review process to encourage timely public hearings and decisions and to provide for open space, commercial and residential uses that are not permitted in traditional industrial zones. The consolidation of permit reviews does not exempt applicant(s) from meeting the regulations and submitting the fees and applications normally required for the underlying permit processes. Page 98 Few heavy industrial uses are allowed in this overlay zone and then only conditionally, because of land use impacts associated with heavy industrial uses. This overlay zone provides for the opportunity to create self- contained mixed use neighborhoods with a variety of housing, commercial, and employment choices without following a standard system of public streets and lot design and with allowances for mixed use, residential and commercial developments not usually permitted in industrial zones. These types of office, commercial, residential, and light industrial uses typically involve the need for a large campus-like site with amenities suitable for mixed use developments and buffering measures to reduce the impact of large scale development on adjacent uses. While industrial and commercial uses that are devoid of any impacts detrimental to the environment are allowed, vehicle service stations with petroleum products, automobile dealerships and other land intensive uses, entertainment businesses with adult -only activities, and a variety of manufacturing, maintenance, and repair shops using hazardous materials are prohibited uses. (Ord. 3272, 2/16/2007; Ord. 3180 § 1 (part), 12/17/2004) 17.31.020 - Applicability. PIDs may be established, subject to final approval of a proposal for a specific parcel or parcels of land, in all industrial zones that do not allow residential uses and may include land that is zoned PBP. A PID shall contain a minimum of one acre. (Ord. 3272, 2/16/2007; Ord. 3180 § 1 (part), 12/17/2004) 17.31.030 - Permitted uses. Residential uses allowed in the RHD zone are allowed within a PID of less than 3.44 acres, provided that, for purposes of this chapter a single-family residence may be attached to another dwelling by common walls. A. Adult family homes. B. Multi-family dwellings, apartments, duplexes, dormitories, accessory residential units. C. Single-family residences. (Ord. 3272, 2/16/2007; Ord. 3180 § 1 (part), 12/17/2004) 17.31.040 - Permitted modifications of land use regulations. The approval of a PID may include modifications in the requirements and standards of the underlying land use regulations of the zone in which the project is located, subject to the limitations of this chapter. No approval shall include a modification, variance or waiver of the setback areas required by the underlying zones along the exterior property lines of the PID, or modification or waiver of the requirements of PAMC Title 15 Environmentally Sensitive Areas Protection, or of the requirements of the Shoreline Master Program except as provided in Chapter 173-14 WAC. (Ord. 3272, 2/16/2007; Ord. 3180 § 1 (part), 12/17/2004) 17.31.050 - Standards. The following standards shall apply to all Planned Industrial Developments: A. All street and utility improvements shall be constructed to standards specified by the City of Port Angeles. Street widths may vary from widths required in the Subdivision Regulations, and interior Page 99 circulation streets may be either public or private. Streets intended to be public must meet the minimum standards set forth in the City of Port Angeles Urban Standards and Guidelines manual. B. All PIDs that include residential uses shall devote at least 30 percent of the gross area of the site to common usable open space, half of which must be used for recreational purposes and none of which will be credited in the setback areas required along the exterior property lines of the PID. LID facilities may count towards the common usable open space not required for recreational purposes. Street rights-of-way, driveways, parking lots, environmentally sensitive areas, and utility structures shall not be counted as part of the common usable open space. Common usable open space shall be maintained as an integral part of the site and may not be segregated as a separate parcel or parcels unless such parcels are to be owned by a homeowners association. Community recreation facilities and recreation structures shall be included in calculating the area devoted to common usable open space. C. All PIDs that include residential uses and provide common open spaces, recreation facilities, private roads, utilities, parking areas or other similar developments within the boundaries of the PID shall provide for continuous and perpetual maintenance of those common amenities of the PID in form and manner acceptable to the City. D. Platting shall be required for all projects that involve or contemplate the subdivision of land. Lots in a platted PID may be sold to separate owners according to the separate lots as shown in the recorded plat that is approved in connection therewith. Development of all lots within the platted PID shall be as shown in the approved PID. No further subdivision of land within the PID will be permitted unless a formal amendment to the PID is approved. E. Conditional use permits shall be required of all projects that involve or contemplate conditional uses that may be allowed in the underlying zone(s). No further conditional use permits, except home occupations, will be permitted within the PID unless a formal amendment to the PID is approved. F. For any underlying land use regulatory process that is consolidated through the PID overlay process, the criteria and development standards of that underlying land use regulatory process shall be met. Any subsequent land use decision made pursuant to an underlying land use regulatory process shall also require a formal amendment to the PID. G. To encourage design flexibility, conservation of natural amenities, and innovations that result in a higher quality environment than traditional development, site planning and architectural review that address the following criteria are required of all development in the PID. Where applicable, the design of a PID that includes residential uses shall accomplish the following to the greatest extent possible: 1. Preserve unique physical features of the site including, but not limited to, creeks, wetlands, ravines, bluffs, lakes or ponds, shorelines, and forest areas. 2. Preserve scenic view corridors, both internal and external to the site. 3. Provide recreation facilities including, but not limited to, bicycle or pedestrian paths, children's play areas and playfields. 4. The design of all open space areas and building structures shall be compatible with and complementary to the environment in which they are placed. H. All PIDs shall comply with the goals and policies of the Port Angeles Comprehensive Plan. (Ord. 3272, 2/16/2007; Ord. 3180 § 1 (part), 12/17/2004) 17.31.060 - Density. Every PID shall be allowed the density of the underlying zone or zones in which the site is located on the portions of the site exclusive of environmentally sensitive areas. Density credits for environmentally Page 100 sensitive areas protected by Title 15 PAMC shall be allowed in addition to the base density calculated for the buildable area of the site per section 15.20.070(F) and section 15.24.070(F). (Ord. 3272, 2/16/2007) 17.31.070 - Procedure for approval. The procedure for approval of a PID shall be composed of four steps: A. Conceptual plan submittal and neighborhood meeting. This step occurs before an application is accepted as complete by the City; B. Public hearing on the preliminary development plan and, if applicable, the preliminary plat and other permit actions. This step results in a recommendation by the Planning Commission to the City Council of an action to be taken on the proposal; C. Approval by the City Council at a public meeting of the preliminary development plan and other actions as applicable; and D. Action on the final development plan and plat by the City Council following a public hearing. Final approval may only be granted after all conditions of approval have been met or bonded for by the applicant. No lots may be offered for sale prior to preliminary plat approval by the City Council. (Ord. 3272, 2/16/2007) 17.31.080 - Pre-application review. Prior to applying for a PID, a developer shall submit a conceptual plan to the Department of Community and Economic Development (DCED). The conceptual plan will be reviewed for its general compliance with the intent, standards and provisions of this chapter and other City ordinances by the appropriate departments of the City, and written comments in regard to the plan will be furnished to the developer. The conceptual plan shall contain in sketch form all of the information required in section 17.31.130.F. and G. After the conceptual plan review and prior to accepting a PID application, the City shall require a neighborhood meeting. The neighborhood meeting shall be organized and sponsored by the project proponent, including reservation of a meeting space and notification of surrounding property owners pursuant to section 17.96.140 PAMC. The purpose of the meeting will be to solicit information regarding design alternatives to minimize any adverse impacts from the PID and to alleviate community concerns. (Ord. 3272, 2/16/2007) 17.31.090 - Design and landscaping. A. A minimum five-foot landscaping area shall be provided abutting public rights-of-way, except for approved curb cuts. B. All lighting on the site shall be directed or shaded so that it does not shine directly on adjoining non- industrially zoned property or on public rights-of-way. C. A fifteen ten-foot wide buffer zone must be maintained adjacent to all residential or commercial uses, that buffer zone shall not be used for storage, driveways, auto parking, or structures, except security fences. A visual screen, consisting of solid fencing, landscaping, or other materials, shall be provided in the buffer zone. Such a screen shall be to a height of six feet. If landscaping is used, it shall include evergreen shrubs planted to form a hedge that will reach a height of six feet within three years of the planting date. Such screen shall be maintained to a maximum height of six feet. Approved vehicle Page 101 driveways to an alley and sanitation receptacles associated with mechanized collection shall not be obstructed. Clear vision triangles shall be maintained. D. All required parking areas shall include tree landscaping of at least one tree such that the tree canopy covers at least 20 percent of the total paved area after a period of 5 years, for each group of six or fewer parking spaces with a minimum of two (2) trees, exclusive of any required perimeter landscaping. Vegetation within LID facilities may be used to meet landscaping requirements. [Illustration - 11 parking spaces requires two trees; 12 spaces requires two trees; 13 spaces requires three trees.] The trees shall be of a type approved by the City, and be at least two-inch caliper at time of planting, and placed in a minimum planting area of 100 square feet. Trees shall attain a minimum height of at least 20 feet at maturity. Alternatively, landscaping plans with functionally compatible planters and equivalent vegetative cover may be submitted for approval by the Director of Community and Economic Development as mitigation for this requirement when site constraints deem necessary. Refer to 15.20.070 and 15.20.080 PAMC for appropriate pruning and vegetation management techniques. To ensure survivability of vegetation and tree coverage goal, a 5-year bond or other surety for 5% of the total landscape project costs shall be required. (Ord. 3272, 2/16/2007; Ord. 3180 § 1 (part), 12/17/2004) 17.31.130 - Application procedure. The application for a PID shall contain the following: A. The name, location and legal description of the proposed development, together with the names, addresses and telephone numbers of the recorded owners of the land and of the applicant and, if applicable, the names, addresses and telephone numbers of any land surveyor, architect, planner, designer, or engineer responsible for the preparation of the plan, and of any authorized representative of the applicant; B. A narrative explaining the proposed use or uses of the land and building, including, but not limited to, the proposed number of dwelling units by type, such as single-family detached, row housing, and apartments; information on any special features, conditions of which cannot be adequately shown on drawings; types of commercial structures and required parking; and an explanation of any covenants, continuous maintenance provisions, and/or homeowners association for the project; C. A survey of the property showing existing features, including, but not limited to, total site area, contours at five-foot intervals, buildings, structures, streets, utility easements, rights-of-way, environmentally sensitive areas, and existing land uses; D. If the site has been previously used as an industrial site where petroleum products, pesticides, or other hazardous chemicals or products were used or stored, a soil survey indicating the location and amounts of pollution on the site. When hazardous levels of pollutants are found, a clean-up or remediation plan is required; E. A vegetation survey of the property by either (a) an aerial photograph of the property in a scale acceptable to the City that identifies significant groupings of trees and unusual or fine specimens of their species; OR (b) a survey of all trees over 12 inches in trunk diameter measured at four feet above the ground; as determined by DCED, in those areas where improvements are proposed. General wooded areas where no improvements are proposed will require a vegetation survey containing the following elements: 1. A mapping of the extent of the wooded areas with survey of perimeter trees only. 2. A narrative regarding the types (species) and condition of the trees and under-story in the wooded area. 3. Identification of trees that are unusual or fine specimens of their species. Page 102 4. In general wooded areas where minor improvements are proposed, a survey of trees over 12 inches in trunk diameter measured at four feet above the ground will be required to a reasonable distance around the improvements; F. Preliminary site plans and calculations including but not limited to: 1. Existing and proposed contours at five-foot intervals, 2. Location and principal dimensions of buildings, 3. Total footprint area of buildings, 4. Size and location of open space areas, 5. Size and location of environmentally sensitive areas, 6. Size and location of recreation areas, 7. Size and location of paved areas using permeable paving systems, 8. Landscape areas, 9. Subdivision platting and general arrangement of lots, 10. Density of project expressed as residential units per acre; G. A preliminary plat, if applicable, pursuant to Chapter 58.17 RCW and Chapters 16.04 and 16.08 PAMC; H. If a developer elects to obtain additional density credits, the site plan application shall contain specific information relating to the additional density credit criteria for environmentally sensitive areas of section 15.20.070, and for wetland buffer areas of section 15.24.070; I. Preliminary elevation and perspective drawings of project structures; J. A preliminary utilities plan, including fire hydrant locations; K. A preliminary storm drainage plan with calculation of impervious areas; L . A parking and circulation plan showing all means of vehicular and pedestrian ingress and egress to and from the site, size and location of driveways, streets, sidewalks, trails, and parking spaces. Any new traffic control devices required for the safety of the project must be shown; M. A phasing plan if the project is designed to be completed in phases; N. Mailing labels of property owners within 300 feet of the site pursuant to section 17.96.140 PAMC. (Ord. 3272, 2/16/2007; Ord. 3180 § 1 (part), 12/17/2004) 17.31.140 - Routing and staff recommendations. Upon receipt of an application satisfying the requirements of section 17.31.130, the DCED shall route the same to all appropriate City Departments. Each department shall return recommendations and comments regarding the application to DCED. The DCED shall prepare a report to the Planning Commission summarizing the factors involved, the recommendations of other departments, and the DCED including findings and conclusions. A copy of the report shall be mailed to the applicant and copies shall be made available, at cost, for use by any interested party. (Ord. 3272, 2/16/2007; Ord. 3180 § 1 (part), 12/17/2004) 17.31.150 - Planning Commission public hearing—Scheduling and notice. Page 103 Upon receipt of an application satisfying the requirements of section 17.31.090, the DCED shall schedule a public hearing before the Planning Commission. Public notice shall be given as provided in section 17.96.140. (Ord. 3272, 2/16/2007; Ord. 3180 § 1 (part), 12/17/2004) 17.31.160 - Planning Commission recommendation—Preliminary development plans. Prior to making a recommendation on an application for a preliminary PID, the Planning Commission shall hold a public hearing. The Planning Commission's recommendation on PID approval, denial, or approval with modifications or conditions shall be forwarded to the City Council in written form based upon compliance with section 17.31.050 and the following criteria: A. The proposed development will comply with the policies of the Comprehensive Plan and further attainment of the objectives and goals of the Comprehensive Plan. B. The proposed development will, through the improved utilization of open space, natural topography, densities, landscaping and integrated circulation systems, create a mixed use environment of higher quality than that normally achieved by traditional development. C. The proposed development will be compatible with adjacent, existing, and future developments. D. All necessary municipal utilities, services, and facilities, existing and proposed, are adequate to serve the proposed development. E. Internal streets serving the proposed development are adequate to serve anticipated traffic levels and the street system of the proposed development is functionally connected by an improved collector street to at least one improved arterial street. F. If the development is planned to occur in phases, each phase shall meet the requirements of a complete development. Developments of less than 3.44 acres shall not be done in phases. (Ord. 3272, 2/16/2007; Ord. 3180 § 1 (part), 12/17/2004) 17.31.170 - City Council action—Preliminary development plans. The City Council shall consider the recommendation of the Planning Commission at a public meeting. The Council may approve, deny, or approve with modifications or conditions the submitted preliminary development plans. Approval shall be by Council action that incorporates the approved preliminary development plans by reference and shall include findings and conclusions. (Ord. 3272, 2/16/2007; Ord. 3180 § 1 (part), 12/17/2004) 17.31.180 - Final approval of planned industrial development. Application for final approval of a PID shall be submitted within two years of preliminary development plan approval; provided that for phased PID's each phase shall have an additional one-year period for final approval; and provided further that an applicant may apply to the Planning Commission, and the Commission may approve, one or more one-year extensions as the Commission may deem appropriate. The site must be under one ownership prior to final approval by the City Council, and the application for final approval must be made by the owners of the entire site. The application shall include the following: A. A title report showing record ownership of the parcel or parcels upon which the PID is developed. B. Guarantee ensuring the retention and continued maintenance of common open space, recreation facilities, environmentally sensitive areas, stormwater management structures and facilities, and Page 104 recreation structures. If development is to be done in phases, each phase must meet the requirements of this section. C. Final development plans, that shall be in compliance with the approved preliminary development plans. D. The final plat, if applicable, pursuant to Chapter 58.17 RCW and Chapters 16.04 and 16.08 PAMC. E. Development schedule for future phases. F. Bond or other form of security acceptable to the City in a sufficient amount to complete the project or submitted phase, as determined by the City. (Ord. 3517 § 5, 10/21/2014; Ord. 3272, 2/16/2007; Ord. 3180 § 1 (part), 12/17/2004) 17.31.200 - City Council final action. The City Council shall review the application for final approval at a public hearing, notice of which shall be given as provided in section 17.96.140, and shall approve, deny, or approve with modifications the final development plan and, if applicable, the final plat. Approval of the final development plan shall be by ordinance and a copy of the final PID shall be filed with and made a part of said ordinance. The zoning map shall be amended to indicate the extent of the approved PID, and all future development of the site shall be in conformance with the approved PID. (Ord. 3272, 2/16/2007; Ord. 3180 § 1 (part), 12/17/2004) 17.31.210 - Building permits. The Building Division shall issue building permits for buildings and structures that conform to the approved final development plans for the PID and with all other applicable City ordinances and regulations. The Building Division shall issue a certificate of occupancy for completed nonresidential buildings or structures that conform to requirements of the approved final development plans and all other applicable City and state ordinances and regulations for such occupancies. The construction and development of all common usable open spaces, including recreational facilities, and other public improvements of each project phase must be completed before any certificates of occupancy will be issued; except when bonds or other acceptable forms of security are deposited assuring the completion of such facilities within six months of approval of final PID. (Ord. 3272, 2/16/2007; Ord. 3180 § 1 (part), 12/17/2004) 17.31.220 - Modifications after final approval. The final approval shall be binding upon the development. Design variations from the plan must be submitted to the Planning Commission and City Council for approval and amendment of the ordinance, except for minor changes, as follows: The DCED is authorized to allow minor adjustments in the development schedule, location, placement, height, or dimension of buildings and structures, not to exceed an alteration of ten percent in height or ten feet in any other direction, when such minor changes and alterations are required by engineering and other circumstances not foreseen or reasonably foreseeable at the time of approval of the final development plans; except that such adjustments shall not increase the total amount of floor space authorized in the approved final PID, the number of dwelling units or density, decrease the amount of parking or loading facilities, permit buildings to locate closer to the closest boundary line, decrease the amount of open space, or environmentally sensitive areas, decrease the recreation facilities, change any points of ingress or egress to the site, or extend the development schedule for not more than 12 months. Page 105 (Ord. 3272, 2/16/2007; Ord. 3180 § 1 (part), 12/17/2004) CHAPTER 17.32 - IL - INDUSTRIAL, LIGHT 17.32.010 - Purpose. This is an industrial zone intended to create and preserve areas for industrial uses that 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. 3272, 2/16/2007; Ord. 3123 § 18, 10/11/2002; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2329 § 1 (part), 3/11/1985) 17.32.020 - Permitted uses. A. Manufacturing buildings for: 1. Clothing, shoes, and garments. 2. Electrical, electronic, and communications equipment. 3. Handicrafts, jewelry, musical instruments, and toys. 4. Assembly of machinery, such as but not limited to engines, vehicles, boats, aircraft, and parts thereof. 5. Medical, dental, optical, and orthopedic instruments and appliances. 6. Assembly of metal products, such as small arms, pens, office furniture, tools, and household appliances. 7. Microbreweries. 8. Assembly of mobile and modular homes and home components. 9. Wood products, such as cabinets, furniture, fixtures, and pre-fabricated building components. B. Retail buildings: 1. Adult entertainment businesses. 2. Auto and truck service stations, gasoline service islands. 3. Chain saw sales and service stores. 4. Cocktail lounges and taverns. 5. Restaurants and cafes. Page 106 6. Retail sales, such as hardware stores, lawn and garden equipment and supplies, hand tools, building, electrical, and plumbing materials and supplies. C. Wholesale distribution: 1. Warehouse buildings and yards. 2. Wholesale stores. D. Services: 1. Building maintenance and janitorial services buildings. 2. Equipment rental stores, including heavy equipment. 3. Funeral homes and mortuaries. 4. Laundry and dry cleaners buildings. 5. Machinery maintenance and repair shops. 6. Mini-warehouses. 7. Business and professional offices. 8. Research and development laboratories. 9. Storage yards and maintenance shops for builders, contractors, and governmental agencies. 10. Small animal veterinary clinics, offices, and kennels. E. Transportation and communication: 1. Airports, airport terminals, and related facilities. 2. Freight companies terminals. 3. Household moving and storage buildings. 4. Mass transit terminals. 5. Off-street business parking structures and lots. 6. Parcel delivery service buildings. 7. Printing, publishing, and book-binding buildings. 8. Vehicular services facilities, such as automotive and truck rentals, vehicle maintenance and repair shops, auto and truck body and paint shops, and auto and truck engine repair shops. 9. Utility buildings and structures. F. Other: 1. Shipping containers used for storage. (Ord. 3332 § 8, 4/25/2008; Ord. 3272, 2/16/2007; Ord. 3180 § 1 (part), 12/17/2004; Ord. 3155 § 14, 1/30/2004; Ord. 3123 § 19, 10/11/2002; Ord. 3059 § 4 (part), 7/28/2000, Ord. 2861 § 1 (part), 3/17/1995; Ord. 2837 § 3, 9/30/1994; Ord. 2796 § 12, 2/11/1994; Ord. 2742 § 1, 1/29/1993; Ord. 2636 § 8, 5/15/1991; Ord. 2329 § 1, (part), 3/11/1985) 17.32.030 - Accessory uses. Accessory uses determined by the Director of Community and Economic Development to be compatible with the intent of this chapter are permitted. Page 107 (Ord. 3272, 2/16/2007; Ord. 2921 § 14, 6/28/1996; Ord. 2329 § 1, (part), 3/11/1985) 17.32.040 - Conditional uses. A. Manufacturing buildings for: 1. Processing of food products, such as meat, fruit, vegetables, seafood, beverages, vegetable oils, and dairy products. 2. Pharmaceutical and drug products. 3. Plastic and other synthetic products. 4. Specialized small mechanical parts, tools, die-casting, bearings, patterns, and other similar products, welding shops, and machine shops. B. Other: 1. Agricultural uses, defined as commercial farming and animal husbandry. 2. Fire stations. 3. Off-premises outdoor advertising signs. 4. Public juvenile detention facilities, where: a. The average daily noise levels (ldn) do not exceed 45 decibels for interior sleeping quarters, or such other standard as is generally accepted; and b. The existing and potential industrial uses will not adversely impact the detention center. 5. Public parks and recreation facilities, where: a. The average daily noise levels (ldn) do not exceed 45 decibels for interior portions of the buildings; b. There are no existing industrial uses in the vicinity which would adversely impact the use; and c. In the event a change in circumstances is found by the Planning Commission that would result in potential adverse impacts on or land use conflicts to an approved use, the conditional use permit shall become void and the use shall cease. 6. Radio towers exceeding 35 feet. 7. Social service agencies providing 24-hour residential care, where: a. The average daily noise levels (ldn) do not exceed 60 decibels for exterior portions of the site and 45 decibels for interiors of living quarters; b. There are no existing industrial uses in the vicinity that would adversely impact the residential use; and c. In the event a change in circumstances is found by the Planning Commission that would result in potential adverse impacts on or land use conflicts to an approved residential use, the conditional use permit shall become void, and the residential use shall cease. 8. Small scale sawmills, where: a. The sawmill, including the sawmill site and the total area of operations, occurs on an area of one-half acre or less, including the storage of logs and finished products; b. The gross weight of the sawmill is no greater than 10,000 pounds; c. The hours of operation are limited from 7:00 a.m. to 6:00 p.m. Monday through Friday; d. All lighting is directed away from residential areas; Page 108 e. Noise levels comply with Chapter 173-60 WAC, to the extent applicable; and f. Wood waste management is conducted to avoid excessive accumulation of wood waste. 9. Artist work/live studios where the residential use is subordinate to the working studio use. 10. Other uses compatible with the purpose of this chapter. (Ord. 3272, 2/16/2007; Ord. 3155 § 15, 1/30/2004; Ord. 3079 § 1, 4/27/2001; Ord. 3007 § 5 (part), 1/15/1999; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2821 § 1, 7/15/1994; Ord. 2756 § 2, 4/16/1993; Ord. 2752 § 4, 3/26/1993; Ord. 2671 § 1, 1/31/1992; Ord. 2648 § 1, 8/30/1991; Ord. 2551 § 1, 10/25/1989; Ord. 2329 § 1 (part), 3/11/1985) 17.32.050 - Area and dimensional requirements. A. Minimum lot area: 7,000 square feet. B. Minimum lot width: None. C. Setbacks: Front: 25 feet, except 35 feet abutting a residentially or commercially zoned property. Rear: 25 feet, except 35 feet abutting a residentially or commercially zoned property. Side: 15 feet, except 25 feet abutting a residentially or commercially zoned property. D. Maximum lot coverage: None. E. Maximum height: 35 feet. (Ord. 2329 § 1 (part), 3/11/1985) 17.32.060 - Off-street parking. (See Chapter 14.40 PAMC). (Ord. 2329 § 1 (part), 3/11/1985) 17.32.080 - Design and landscaping. A. A minimum five-foot landscaping area shall be provided abutting public rights-of-way, except for approved curb cuts. B. All lighting on the site shall be directed or shaded so that it does not shine directly on adjoining non- industrially zoned property or on public rights-of-way. C. A fifteen ten-foot wide buffer zone must be maintained adjacent to all residentially or commercially zoned property, which buffer zone shall not be used for storage, driveways, auto parking, or structures, except security fences. Such a screen shall be to a height of six feet. Approved vehicle driveways to an alley and sanitation receptacles associated with mechanized collection shall not be obstructed. Clear vision triangles shall be maintained. D. All required parking areas shall include tree landscaping of at least one tree such that the tree canopy covers at least 20 percent of the total paved area after a period of 5 years, for each group of six or fewer parking spaces with a minimum of two (2) trees, exclusive of any required perimeter landscaping. Vegetation within LID facilities may be used to meet landscaping requirements. [Illustration - 11 parking Page 109 spaces requires two trees; 12 spaces requires two trees; 13 spaces requires three trees.] The trees shall be of a type approved by the City, and be at least two-inch caliper at time of planting, and placed in a minimum planting area of 100 square feet. Trees shall attain a minimum height of at least 20 feet at maturity. Alternatively, landscaping plans with functionally compatible planters and equivalent vegetative cover may be submitted for approval by the Director of Community and Economic Development as mitigation for this requirement when site constraints deem necessary. Refer to 15.20.070 and 15.20.080 PAMC for appropriate pruning and vegetation management techniques. To ensure survivability of vegetation and tree coverage goal, a 5-year bond or other surety for 5% of the total landscape project costs shall be required. E. Parking areas shall have interspersed landscaped islands and shall have no more than eight consecutive parking spaces. Islands with vegetation within LID facilities may be used to meet landscaping requirements. Underground parking and parking included in a parking structure are excluded from this requirement. (Ord. 3272, 2/16/2007; Ord. 3180 § 1 (part), 12/17/2004; Ord. 2666 § 7, 1/17/1992; Ord. 2329 § 1 (part), 3/11/1985) CHAPTER 17.34 - IH - INDUSTRIAL, HEAVY 17.34.010 - Purpose. This is the least restrictive industrial zone intended to be the area that heavy industry could develop causing the least impact on other land uses. Significant adverse impacts can be expected from permitted industrial uses that involve hazardous materials, noise, air and water pollution, shift work around the clock, entertainment businesses with adult-only activities, and outside storage yards and manufacturing activities. This zone provides the basic urban land use pattern for heavy industrial uses with direct access to major transportation facilities, design standards for greater truck traffic, and buffers for nonindustrial uses unless deemed impractical. (Ord. 3272, 2/16/2007; Ord. 3123 § 19, 10/11/2002; Ord. 3042 § 3 (part) 1/28/2000; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2668 § 6 (part), 1/17/1992) 17.34.020 - Permitted uses. A. Automobile body, fender, laundry, paint shops and wrecking yards. B. Bakeries, wholesale. C. Battery rebuild, tire repair and recapping. D. Boiler works. E. Book, newspaper and magazine printing and publishing. F. Bottling plants, creameries. G. Cabinet and carpenter shops. H. City pound (animal shelter). I. Draying, freight and trucking yards and terminals. J. Dry cleaning: clothes, carpets, rugs, laundries. Page 110 K. Night club, pool hall, dance hall, boxing arena, arcade, shooting gallery, adult entertainment business, or similar amusement enterprise. L. Sawmills, paper mills, pulp mills. M. Ship building, storage, repair, boat havens, marinas. N. Storage yards; building materials, tractors, trucks, boats, equipment. O. Transportation or freight terminal. P. Truck, trailer, tractor, and motorcycle, repairing, overhauling, rental, or sales. Q. Utility buildings and structures. R. Small animal veterinary clinics, offices, and kennels. S. Aggregate quarry facility. T. Warehousing, distributing plants. U. Wood products manufacture. V. Manufacturing, processing, packing, storage of: 1. Alcohol. 2. Brick, tile or terra-cotta. 3. Brooms, brushes. 4. Celluloid or similar cellulose materials. 5. Cloth, cord or rope. 6. Concrete. 7. Electrical products and appliances. 8. Food and food products. 9. Kelp reduction. 10. Lumber. 11. Machinery. 12. Paper and pulp. 13. Prefabricated buildings. 14. Signs, all types. 15. Salt works. 16. Vegetable or other food oil. W. Shipping containers used for storage. (Ord. No. 3441, § 9, 11-15-2011; Ord. 3332 § 9, 4/25/2008; Ord. 3272, 2/16/2007; Ord. 3180 § 1 (part), 12/17/2004; Ord. 3059 § 4 (part), 7/28/2000; Ord. 3053 § 3 6/16/2000; Ord. 3042 § 3 (part) 1/28/2000 Ord. 2861 § 1 (part), 3/17/1995; Ord. 2668 § 6 (part), 1/17/1992; Ord. 1709 § 1 (part), 12/22/1970) 17.34.030 - Accessory uses. Page 111 Accessory uses determined by the Director of Community and Economic Development to be compatible with the intent of this chapter are permitted. (Ord. 3272, 2/16/2007; Ord. 2921 § 15, 6/28/1996) 17.34.040 - Conditional uses. A. Distillation of wood, coal or bones or manufacture of any of their by-products. B. Fire stations. C. Fuel yards subject to the limitations contained in PAMC 14.21.030(B). D. Gas (illuminating or heating) manufacture or storage subject to the limitations contained in PAMC 14.21.030(A). E. Manufacturing, processing, packing, storage of: 1. Asphalt. 2. Chemicals. 3. Ceramics. 4. Drugs, pharmaceuticals. 5. Perfumes. 6. Paint, varnish, oil, turpentine. 7. Plastics. 8. Soap and soap products, toiletries. 9. Tar roofing or waterproofing. F. Sale of marine supplies. G. Off-premises outdoor advertising signs. H. Power, light or steam plant. I. Retail establishments incidental to a use permitted under section 17.34.020 when located on the same zoning lot as the permitted use. J. Restaurants, cafeterias. K. Artist work/live studios where the residential use is subordinate to the working studio use. L. Other uses compatible with the intent of this chapter. (Ord. 3272, 2/16/2007; Ord. 3180 § 1 (part), 12/17/2004; Ord. 2999 § 2 (part), 9/11/1998; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2806 § 1, 5/13/1994; Ord. 2752 § 5, 3/26/1993; Ord. 2668 § 6 (part), 1/17/1992; Ord. 2636 § 11, 15/15/1991) 17.34.050 - Area and dimensional requirements. A. Minimum lot size: 7,000 square feet. B. Minimum yard requirements: No buildings shall be constructed closer than 30 feet to any public right- of-way line, nor closer than 15 feet to any property line when abutting commercial or residential zones. Unless deemed by the City to be impractical, ineffective, or unnecessary, buffers shall be provided between industrial and other uses in order to mitigate nuisance and hazardous characteristics such as Page 112 noise, particulate matter in the air, water or odor pollution, objectionable visual material, or other such impacts. C. Maximum building height: 75 feet. Height in excess of 75 feet may be allowed by conditional use permit and may require increased setbacks. D. Maximum lot coverage: None. (Ord. 3133, 12/27/2002; Ord. 3042 § 3 (part) 1/28/2000; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2837 § 4 ,9/30/1994; Ord. 2668 § 6 (part), 1/17/1992; Ord. 1709 § 1 (part), 12/22/1970) 17.34.060 - Off-street parking. (See Chapter 14.40 PAMC). A. All required parking areas shall include tree landscaping of at least one tree such that the tree canopy covers at least 20 percent of the total paved area after a period of 5 years, for each group of six or fewer parking spaces with a minimum of two (2) trees, exclusive of any required perimeter landscaping. Vegetation within LID facilities may be used to meet landscaping requirements. [Illustration - 11 parking spaces requires two trees; 12 spaces requires two trees; 13 spaces requires three trees.] The trees shall be of a type approved by the City, and be at least two-inch caliper at time of planting, and placed in a minimum planting area of 100 square feet. Trees shall attain a minimum height of at least 20 feet at maturity. Alternatively, landscaping plans with functionally compatible planters and equivalent vegetative cover may be submitted for approval by the Director of Community and Economic Development as mitigation for this requirement when site constraints deem necessary. Refer to 15.20.070 and 15.20.080 PAMC for appropriate pruning and vegetation management techniques. To ensure survivability of vegetation and tree coverage goal, a 5-year bond or other surety for 5% of the total landscape project costs shall be required. B. Parking areas shall have interspersed landscaped islands and shall have no more than eight consecutive parking spaces. Islands with vegetation within LID facilities may be used to meet landscaping requirements. Underground parking and parking included in a parking structure are excluded from this requirement. (Ord. 3272, 2/16/2007; Ord. 2668 § 6 (part), 1/17/1992; Ord. 1709 § 1 (part), 12/22/1970) CHAPTER 17.35 - JUNK YARDS CONDITIONAL USE PERMIT 17.35.010 - Purpose. The purpose of this chapter is to ensure that junk yards are appropriately located, are compatible with uses allowed within the City, and are conducive to the public health, safety, and welfare. This chapter provides for junk yards to be permitted through the conditional use permit process. (Ord. 3123 § 20 (part), 10/11/2002; Ord. 2861 § 1 (part), 3/17/1995) 17.35.015 - Location. Junk yards may be conditionally permitted only in an IL Industrial, Light or IH Industrial, Heavy Zone. Page 113 (Ord. 3123 § 20 (part), 10/11/2002; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2668 § 8 (part), 1/17/1992; Ord. 1709 § 1 (part), 12/22/1970) 17.35.020 - Permit required. No junk yard shall be permitted in the City of Port Angeles without obtaining a conditional use permit. (Ord. 3123 § 20 (part), 10/11/2002; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2668 § 8 (part), 1/17/1992; Ord. 1709 § 1 (part), 12/22/1970) 17.35.030 - Screening. Unless otherwise specified by the Planning Commission, a solid, site-obscuring fence, which may include vegetation or landform, at least seven feet or more in height shall be constructed on or within five feet of the rear and side property lines and the front yard setback line, which shall be a distance of 50 feet from all street rights-of-way. No storage or display of any junk, appliance, article, merchandise, or vehicle shall be permitted outside of said required fence. (Ord. 2861 § 1 (part), 3/17/1995; Ord. 2668 § 8 (part), 1/17/1992; Ord. 1709 § 1 (part), 12/22/1970) 17.35.040 - Area requirements. There shall be a minimum lot area of three acres for each junk yard. (Ord. 3123 § 20 (part), 10/11/2002; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2668 § 8 (part), 1/17/1992; Ord. 1709 § 1 (part), 12/22/1970) 17.35.050 - Off-street parking. A minimum of six ten off-street parking spaces shall be required for each junk yard. (Ord. 3123 § 20 (part), 10/11/2002; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2668 § 8 (part), 1/17/1992; Ord. 1709 § 1 (part), 12/22/1970) CHAPTER 17.36 - IM - INDUSTRIAL, MARINE 17.36.010 - Purpose. This is an industrial zone intended to preserve industrial areas in the harbor for marine industrial uses, that are characterized as water dependent or water related. Because there is a very limited amount of shorelands adjacent to the Port Angeles Harbor, a zone that allows for mixed uses that do not adversely impact each other can maximize potential water dependent, water related, and water enjoyment uses of the harbor without excluding either industrial or nonindustrial uses being intermixed. Certain commercial, residential, public, and other mixed uses may be appropriately located in this zone, and, therefore, heavy industrial manufacturing uses, that have significant nuisance factors, shall not be located in this zone. Page 114 (Ord. 3272, 2/16/2007; Ord. 3180 § 1 (part), 12/17/2004) 17.36.020 - Permitted uses. A. Emergency stations, including lighthouses, marine rescue, oil clean-up, and other facilities. B. Institutional facilities, including marine laboratories and yacht clubs C. Marinas, including boat moorage, storage, repairs, sales, supplies, marine fueling, and other services to the boating public. D. Personal services facilities, such as barber shops, beauty shops, exercise and reducing studios, tanning salons, and travel agency offices. E. Recreational facilities, including public parks and piers, aquariums, waterfront trails, and water enjoyment commercial recreation establishments. F. Restaurants, cafes, cafeterias, cocktail lounges, delicatessens, and taverns. G. Specialty shops, such as antique, art supplies, bicycle, book, candy and ice cream, clothing, coffee and espresso, computer, florist, gift, hobby and toy, jewelry, kayak, pet, and video rental. H. Transportation terminals, including facilities for ferries, cruise ships, vehicle rentals, seaplanes, research vessels, mass transit, and other facilities for moving people not goods. (Ord. 3180 § 1 (part), 12/17/2004) 17.36.030 - Accessory uses. Accessory uses determined by the Community and Economic Development Director to be compatible with the intent of this chapter are permitted. (Ord. 3272, 2/16/2007; Ord. 3180 § 1 (part), 12/17/2004) 17.36.040 - Conditional uses. A. Business, professional, and governmental offices incidental to a use permitted under section 17.36.020 when located on the same zoning lot as the permitted use. B. Hotels, motels, convention centers and auditoriums. C. Residential structures that are permitted in the RHD Zone at the RHD density allowance area and dimensional requirements, except in areas designated as restricted cleanup sites. D. Upland aquaculture facilities. E. Warehousing and distribution facilities for goods and products. (Ord. 3180 § 1 (part), 12/17/2004) 17.36.050 - Development standards. A. Area and dimensional requirements: 1. Minimum lot area: 7,000 square feet. 2. Minimum lot width: None. 3. Setbacks: Page 115 Front: 25 feet. Rear: 25 feet. Side: 15 feet. 4. Maximum lot coverage: None. C. Maximum building height: 35 feet. (Ord. 3180 § 1 (part), 12/17/2004) 17.36.060 - Off-street parking. (See Chapter 14.40 PAMC.) (Ord. 3180 § 1 (part), 12/17/2004) 17.36.070 - Signs. A. One business sign for each wall not to exceed one square foot for each horizontal lineal foot of the building wall upon which it is mounted or 300 square feet, whichever is less, shall be permitted. B. One freestanding, detached business sign, not exceeding 15 feet in height and 35 square feet in area shall be permitted. C. Each public and private directional, traffic, and warning attached and detached sign shall not exceed six square feet in area. D. Signs may be lighted, but not intermittent or flashing. (Ord. 3180 § 1 (part), 12/17/2004) 17.36.080 - Design and landscaping. A. A sixfive-foot sidewalk accompanied by a minimum fourfive-foot landscape strip shall be required within the right-of-way adjacent to the front property line as well as adjoining arterial corridors. B. All lighting on the site shall be directed or shaded so that it does not shine directly on adjoining property or public right-of-way. C. A fifteen ten-foot wide buffer zone must be maintained from adjacent properties. This buffer zone shall not be used for storage, driveways, parking, or structures, except for fences. A visual screen, consisting of solid fencing, landscaping, or other materials shall be provided in the yard abutting residentially zoned land. Such a screen shall be to a height of six feet. If landscaping is used, it shall include evergreen shrubs planted to form a hedge that will reach a height of six feet within three years of the planting date. Such screen shall be maintained to a maximum height of six feet. Approved vehicle driveways to an alley and sanitation receptacles associated with mechanized collection shall not be obstructed. Clear vision triangles shall be maintained. D. All required parking areas shall include tree landscaping of at least one tree such that the tree canopy covers at least 20 percent of the total paved area after a period of 5 years, for each group of six or fewer parking spaces with a minimum of two (2) trees, exclusive of any required perimeter landscaping. Vegetation within LID facilities may be used to meet landscaping requirements. [Illustration - 11 parking spaces requires two trees; 12 spaces requires two trees; 13 spaces requires three trees.] The trees shall be of a type approved by the City, and be at least two-inch caliper at time of planting, and placed in a minimum planting area of 100 square feet. Trees shall attain a minimum height of at least 20 feet Page 116 at maturity. Alternatively, landscaping plans with functionally compatible planters and equivalent vegetative cover may be submitted for approval by the Director of Community and Economic Development as mitigation for this requirement when site constraints deem necessary. Refer to 15.20.070 and 15.20.080 PAMC for appropriate pruning and vegetation management techniques. To ensure survivability of vegetation and tree coverage goal, a 5-year bond or other surety for 5% of the total landscape project costs shall be required. E. Parking areas shall have interspersed landscaped islands and shall have no more than eight consecutive parking spaces. Islands with vegetation within LID facilities may be used to meet landscaping requirements. Underground parking and parking included in a parking structure are excluded from this requirement. (Ord. 3272, 2/16/2007; Ord. 3180 § 1 (part), 12/17/2004) CHAPTER 17.37 - MCO - MIXED COMMERCIAL OVERLAY 17.37.010 - Purpose. The purpose of the Mixed Commercial Overlay Zone is to allow for a concentration of uses t hat, through a campus setting, offer a wider range of services and result in a higher quality development. The overlay zone is intended to provide alternative zoning regulations that permit and encourage design flexibility through the implementation of smart growth practices to promote redevelopment, infill, and functional innovation in mixed commercial developments that involve multiple associated structures and larger areas of land than lot by lot development. Such development needs to be both transit and pedestrian oriented and easily enhance and blend into the character of the surrounding neighborhood. It is intended that a Mixed Commercial Overlay (MCO) will result in a higher quality development than traditional lot-by-lot development. Such projects will use urban design components relative to walkability, access to transit, public amenities, and a variety of services and building types with attractive cohesive landscaping in a manner consonant with the public health, safety and welfare. Specific development components are required to be through a pre approved site design. MCOs smart growth practices provide for infill development that complements surrounding neighborhoods without following a standard system of public streets and lot design and provides opportunities for commercial neighborhood developments not usually permitted in standard commercial zones. An MCO may combine a number of land use decisions such as conditional use permits, rezones, or subdivision into a single project review process to encourage a timely and coordinated public review process. The consolidation of permit review does not exempt an applicant(s) from meeting the regulations and submitting the fees and applications required for the underlying permit process(es). Legislative actions such as street vacations will require a separate process. (Ord. 3508 § 1, 6/3/2014) 17.37.011 - Definitions. A. Mixed Commercial Overlay (MCO): A site specific development plan that has been approved by the City Council under the provisions of Chapter 17.37 of the Port Angeles Municipal Code. B. Floor area ratio (FAR): The gross floor area of all buildings or structures on a lot divided by the total lot area. Page 117 C. Green roof: A roof that is partially or completely covered with vegetation and a growing medium planted over a waterproofing membrane. A green roof is primarily a stormwater management element but may also improve a site's aesthetic qualities. D. Impervious area: All hard surface areas that impede infiltration of rainfall into the underlying soil profile. These surfaces include but are not limited to, compacted soil, asphalt concrete pavement, cement concrete pavement, roofs, and gravel paved areas. Green roofs and minimal excavation foundations subject to conformance with applicable Department of Ecology Best Management Practices (BMPs), are not included in the total impervious area calculation. (Ord. 3508 § 1, 6/3/2014) 17.37.020 - Applicability. MCOs may be established, subject to final approval of a proposed master plan in commercial or the public buildings and parks zones. A MCO shall contain a minimum of 3.44 acres (a standard City block). The site shall be composed of contiguous lots or parcels. Development must be consistent with the City of Port Angeles Comprehensive Plan and Land Use Map. (Ord. 3508 § 1, 6/3/2014) 17.37.030 - Permitted uses. Those uses permitted in the underlying zoning district. (Ord. 3508 § 1, 6/3/2014) 17.37.040 - Permitted modifications of land use regulations. The approval of an MCO may include modifications to the requirements and standards of the underlying land use regulations of the zone in which the project is located (see PAMC section 17.94.010 for parcels with more than one zone) subject to the limitations of this chapter; however no approval shall include a modification, variance, or waiver of the requirements of the Shoreline Master Program except as provided in Chapter 173-14 WAC. Modifications to the requirements of Title 15 PAMC (Environmentally Sensitive Areas Protection) must meet the standards of that chapter. A. On-site parking requirements shall be consistent with Title 14 of the Port Angeles Municipal Code. Parking requirements shall be evaluated for the entire project rather than for individual uses or structures. Shared parking for a variety of campus land users will be considered in review of this requirement. B. A height bonus (height allowed over that permitted by the underlying zone) shall be limited to a maximum of 45 feet, or one additional story, whichever is the least under the following circumstances: 1. When below grade parking is created, the combined floor area of any floor above 35 feet is limited to 125 square feet times the number of underground parking spaces provided. 2. When open space elements are increased above the minimum required, a ratio of one square foot of bonus height floor area for each square foot of open space will be allowed. 3. Bonus height floor area may be increased by one square foot for each square foot of green vegetated roof created by the project. C. Every structure shall be set back from exterior property lines per the underlying zone, except for structures exceeding 35 feet in height. Exterior setbacks for portions of a structure exceeding 35 Page 118 feet in height shall be increased by two feet for each one-foot increase of building height over 35 feet. D. A detailed sign plan shall be submitted as part of the project master plan for approval. 1. All signs proposed in the MCO shall comply with the provisions of Chapter 14.36 PAMC, Sign Ordinance. 2. Sign design shall be coordinated throughout the development. E. Parking areas and facilities, trash and refuse storage areas, ventilating mechanisms and other noise-generation or odor-generating equipment, fixtures, or facilities shall be located so as to minimize noise and odor impacts on the surrounding area. The Director may require measures such as landscaping, sound barriers, fences, mounding or berming, adjustments to parking location or setback standards, design modification, limits on hours of operation or other similar measures to mitigate impacts. F. Required landscaping shall be compatible with neighboring properties. Landscaping shall be required to reduce the potential for erosion or excessive stormwater runoff, to minimize coverage of the site by impervious surfaces, to screen parking, or to reduce noise or the appearance of bulk and scale. Specific requirements of the landscape plan are found in subsection 17.37.090.F. 1. An MCO shall retain a minimum 20 percent of the development as open space/landscaping. a. The open space counted toward this set-aside shall not include green vegetated roofs that are inaccessible to the general public, right-of-way landscaping including, tree lawns (street tree plantings), parkways, or landscaped traffic islands except where plans vacate these public areas. b. Inherently unbuildable areas such as wetlands, floodplains, or other environmentally sensitive areas and buffers may be included in open space requirements. Where such areas exist, limited density transfer calculations per subsection 15.24.070.G. PAMC may be applied. c. Open space areas may include stormwater detention areas or landscaped swales, or vegetated roofs that are accessible to the general public. 2. "Streetscaping" refers to urban roadway design and conditions as they impact the diverse range of street users and nearby residents. Streetscaping is an important component of the public realm, which helps define a community's aesthetic quality and identity. a. Streetscaping shall include shade trees planted between streets and sidewalks. Trees shall be chosen to maximize mature tree canopy and be planted at a spacing appropriate to the approved tree species. b. Landscape plans shall provide an adequate soil volume to support the mature trees in a sustainable healthy condition. Use of rigid cell systems are encouraged to provide adequate soil volume. c. Streetscaping shall be designed to provide easy pedestrian access between street parking and the sidewalk. 3. Traffic and parking impacts shall be minimized. Common parking and landscaped areas shall be maintained as an integral part of the site and may not be segregated as a separate parcel or parcels. 4. All MCOs shall be designed such that proposed structures blend into the character of the surrounding neighborhood. a. Loading areas. All loading areas shall be oriented and/or screened so as to be unobtrusive from the adjacent streets or properties. b. Trash enclosures. Trash receptacle areas shall be enclosed by a six -foot-high privacy fence or masonry wall with gates. Page 119 5. All MCOs shall provide for continuous and perpetual maintenance of common open space, common recreation facilities, private roads, utilities, parking areas, and other similar development within the boundaries of the MCO in form and manner acceptable to the City. 6. Platting shall be required for all projects that involve or contemplate the subdivision of land. Lots in a platted MCO may not be sold to separate owners. No further subdivision of land within the MCO will be permitted unless a formal amendment to the MCO is approved. 7. For any underlying land use regulatory process that is consolidated through the MCO overlay process, the criteria and development standards of that underlying land use process shall be met. Any subsequent land use decision made pursuant to an underlying land use regulatory process shall also require an amendment to the MCO. G. To encourage design flexibility, and innovations that result in a higher quality environment than traditional subdivisions, site planning and architectural review that address specific criteria are required of all development in the MCO. Where applicable, the design of MCOs shall accomplish the following to the greatest extent possible: 1. Provide amenities, including LID facilities, that complement the surrounding environment; 2. Provide a walkable, active and transit-oriented environment that may include bicycle or pedestrian paths, proximity to public transit, children's play areas and common open space areas; 3. The design of all open space areas and built structures shall be compatible with and complementary to the environment in which they are placed. H. Public art shall be included in all MCO proposals. A minimum value of one percent of the project value, to a maximum value of $50,000.00 is required of all MCO project proposals. I. All MCOs shall comply with the goals and policies of the Port Angeles Comprehensive Plan. (Ord. 3508 § 1, 6/3/2014) 17.37.070 - Procedure for approval. The procedure for approval of a MCO shall be composed of four steps: A. Conceptual plan submittal for pre-application review by affected city departments. This step occurs before an application is accepted as complete by the City; 1. Prior to applying for a MCO, a developer shall submit a conceptual plan to the Department of Community and Economic Development (DCED). The conceptual plan shall contain the information required in subsections 17.37.090.E and G. 2. The conceptual plan will be reviewed for its general compliance with the intent, standards and provisions of this chapter and other City ordinances. 3. Written comments will be furnished to the Developer. B. After conceptual plan review, and prior to accepting a MCO application, the City shall require a neighborhood meeting. 1. The neighborhood meeting shall be organized and sponsored by the project proponent. 2. Neighbors within 300 feet of the proposed location shall be included in notification of the meeting. 3. The purpose of the meeting is to: a. Solicit information regarding design alternatives, b. To minimize any adverse impacts from the MCO, and Page 120 c. Provide an opportunity to inform the general neighborhood of the proposal and ask for comment. C. Submittal to and acceptance of complete plan by the City. A complete plan packet shall contain all required elements deemed necessary by section 17.37.090; D. A public hearing on the preliminary development plan and, if applicable, the preliminary plat and other permit actions. This step results in a recommendation by the Planning Commission to the City Council of an action to be taken on the proposal; E. Approval by the City Council at a public meeting of the preliminary development plan and other actions as applicable; and F. Action on the final development plan and plat by the City Council following a public meeting. Final approval may only be granted after all conditions of approval have been met or bonded for by the applicant. No lots may be offered for sale prior to preliminary plat approval by the City Council. (Ord. 3508 § 1, 6/3/2014) 17.37.090 - Application procedure. The MCO shall be established only in conjunction with a Master Plan which generally specifies the parameters for development of the property. The Master Plan shall contain the following: A. The name, location, and legal description of the proposed development, together with the names, addresses and telephone numbers of the recorded owners of the land. The applicant, any authorized representative of the applicant, and if applicable, the names, addresses and telephone numbers of any land surveyor, architect, planner, designer or engineer responsible for preparation of the plan. B. A narrative explaining the proposed use(s) of the land and buildings, including, but not limited to, documentation of smart growth practices, infill, utilization of existing infrastructure, walkability, and orientation to transit; information on any special features, conditions of which cannot be adequately shown on drawings; and an explanation of continuous maintenance provisions, for the project. C. A survey of the property showing existing features, including contours at five-foot intervals, buildings, structures, streets, utility easements, rights-of-way, environmentally sensitive areas, and existing land uses. D. Site plans showing proposed contours at five-foot intervals, location and dimensions of buildings, open space, recreation areas, parking areas, circulation, landscape areas, subdivision platting and general arrangement. E. Detailed site statistics including but not limited to: 1. Total site area in both acres and square feet; 2. Total area in lots and number of lots being created; 3. Site coverage expressed in square feet and percentage of: a. Total footprint area of buildings and their proposed use; b. Roadway and sidewalk paved surfaces; c. Parking lot areas and total parking spaces proposed; d. Any areas paved with permeable paving systems; e. Location and percentage of common open space and landscaped area; f. Number of residential units (if proposed) and approximate square footage. Page 121 4. Preliminary elevation and perspective drawings of all project structures; 5. A preliminary utilities plan, including fire hydrant locations; 6. A preliminary storm drainage plan with calculation of impervious areas. F. Landscape plan: 1. A landscape plan shall be created for the entire site with more detailed plans for each development within the respective portions of the larger site. The plan shall include a consistent palette of planting materials for use throughout the development. 2. Each lot/parcel must be landscaped so as to fit into the overall scheme of the MCO landscape, regardless of who owns the individual lot. 3. The landscape plan shall include "significant" tree and native vegetation inventory. The inventory must be conducted prior to development. "Significant" trees are those with at least a three-inch diameter trunk at breast height (dbh) (four feet) above grade. a. All trees deemed as "significant" shall be protected during construction. b. A tree protection plan shall be included as part of the landscape plan showing root zone protection areas, appropriate methods to exclude construction impacts. 4. Native plant and tree species. The use of native plant and tree species for landscaping is permitted and encouraged within the MCO. Specifically, drought-resistant plantings will eliminate the need for irrigation other than collected rainwater. 5. Detailed specifications of plants and trees proposed for landscaping on-site. G. A preliminary plat, if applicable, pursuant to Chapter 58.17 RCW and Chapters 16.04 and 16.08 PAMC. H. An off-street parking plan and circulation plan showing all means of vehicular and pedestrian ingress and egress to and from the site; and size and location of driveways, streets, sidewalks, trails and parking spaces. Any new traffic control devices required for the safety of the project must be shown. I. Mailing labels of property owners within 300 feet of the proposed project pursuant to section 17.96.140 PAMC. (Ord. 3508 § 1, 6/3/2014) 17.37.100 - Routing and staff recommendations. Upon receipt of an application satisfying the requirements of section 17.37.090 PAMC, the Department of Community and Economic Development (CED) shall route the same to all appropriate City departments. Each department shall return recommendations and comments regarding the application to CED. The Planning Division shall prepare a report to the Planning Commission summarizing the factors involved, recommendations of other departments, and CED staff recommended conditions, findings and conclusions. The following characteristics shall be among those used by the Director of the Department of Community and Economic Development to determine whether a use is functionally integrated with or substantively related to, the central mission of the use: A. Functional association of buildings; B. How well are proposed uses integrated with one another; C. Ease of physical circulation/access connections; D. Potential for shared facilities or staff; Page 122 E. Degree of interdependence among uses; F. Similar or common functions, services or products; G. Proximity to areas previously developed under this MCO Code section. A copy of the report shall be mailed to the applicant and copies shall be made available, for use by any interested party. (Ord. 3508 § 1, 6/3/2014) 17.37.110 - Planning Commission public hearing—Scheduling and notice. Upon receipt of an application satisfying the requirements of section 17.37.090 PAMC, the CED shall schedule a public hearing before the Planning Commission. Public notice shall be given as provided in section 17.96.140 PAMC. (Ord. 3508 § 1, 6/3/2014) 17.37.120 - Planning Commission recommendation—Preliminary development plans. Prior to making a recommendation on an application for a preliminary MCO, the Planning Commission shall hold a public hearing. The Planning Commission's recommendation for approval, denial or approval with modifications or conditions shall be forwarded to the City Council in written form based upon compliance with section 17.19.050 PAMC and the following criteria: A. The proposed development will comply with the policies of the Comprehensive Plan and further attainment of the objectives and goals of the Comprehensive Plan. B. The proposed development will, through the improved utilization of landscaping, and integrated circulation systems, create an environment of higher quality than that normally achieved by traditional lot by lot development. C. The proposed development achieves smart growth goals and principles through infill, redevelopment, and establishment of a pedestrian and transit-friendly environment. D. The proposed development will be compatible with adjacent, existing, and future developments . E. All necessary municipal utilities, services, and facilities, existing and proposed, are adequate to serve the proposed development. F. Internal streets serving the proposed development are adequate to serve anticipated traffic levels and the street system of the proposed development is functionally connected by an improved collector street to at least one improved arterial street. G. If the development is planned to occur in phases, each phase shall meet the requirements of a complete development. (Ord. 3508 § 1, 6/3/2014) 17.37.130 - City Council action—Preliminary development plans. The City Council shall consider the recommendation of the Planning Commission at a public meeting. The Council may approve, deny, or approve with modifications or conditions the submitted preliminary development plans. Approval shall be by Council action which incorporates the approved preliminary development plans by reference and shall include findings based upon sections 17.19.060 and 17.19.120 PAMC. Page 123 (Ord. 3508 § 1, 6/3/2014) 17.37.140 - Final approval of a Mixed Commercial Overlay (MCO). Application for final approval of the MCO shall be submitted to City Council within two years of preliminary development plan approval; provided that an applicant may apply to the Planning Commission, and the Commission may approve, one or more one-year extensions as the Commission may deem appropriate. For phased MCO's, each phase shall have an additional one-year period for final approval; and provided further that an applicant may apply to the Planning Commission, and the Commission may approve, one or more one-year extensions as the Commission may deem appropriate. The site must be under one ownership prior to final approval by the City Council, or the application for final approval must be made by the owners of the entire site. The final submittal documents shall include the following: A. A title report showing ownership of the parcel or parcels upon which the MCO is to be developed. B. Adequate assurance for the retention and continued maintenance of common open space, on- site facilities and the retention and continued maintenance of environmentally sensitive areas and their buffers. If development is to be done in phases, each phase must be identified and meet the requirements of this section. C. Final development plans that shall be in compliance with the approved preliminary development plans. D. The final plat, if applicable, pursuant to Chapter 58.17 RCW and Chapters 16.04 and 16.08 PAMC. E. Development and phasing schedule. F. Bond or other form of security acceptable to the City in a sufficient amount to complete the project or submitted phase, as determined by the City. (Ord. 3508 § 1, 6/3/2014) 17.37.160 - City Council final action. The City Council shall review the application for final approval at a public meeting, notice of which shall be given as provided in section 17.96.140 PAMC, and shall approve, deny, or approve with modifications the final development plan and, if applicable, the final plat. Approval of the final development plan shall be by ordinance and a copy of the final MCO shall be filed with and made a part of said ordinance. The zoning map shall be amended to indicate the extent of the approved MCO, and all future development of the site shall be in conformance with the approved MCO. (Ord. 3508 § 1, 6/3/2014) 17.37.170 - Building permits. The Building Division shall issue building permits for structures that conform with the approved final development plans and with all other applicable City and state ordinances and regulations. All common usable open spaces, including recreational facilities, and other public improvements of each project phase must be completed before any certificates of occupancy will be issued except when bonds or other acceptable forms of security are deposited assuring the completion of such facilities within six months of approval of a final MCO. (Ord. 3508 § 1, 6/3/2014) Page 124 17.37.180 - Modifications after final approval. The final approval shall be binding upon the development. Design variations from the plan must be submitted to the Planning Commission and City Council for approval and amendment of the ordinance, except for minor changes, as follows: CED staff is authorized to allow minor adjustments in the development schedule, location, placement, height or dimension of buildings and structures, not to exceed an alteration of ten percent in height or ten feet in any other direction, when such minor changes and alterations are required by engineering or other unforeseen circumstances at the time of approval of the final development plans. Such adjustments shall not increase the total amount of floor space authorized in the approved final MCO, the number of dwelling units, density, or decrease in the amount of parking or loading facilities, or permit a reduction of setback of buildings to the closest boundary line, decrease the amount of open space or recreation facilities, change any points of ingress or egress to the site, or extend the development schedule for more than 12 months. (Ord. 3508 § 1, 6/3/2014) CHAPTER 17.40 - PBP - PUBLIC BUILDINGS - PARKS 17.40.010 - Purpose. This is 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 of the 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. 3123 § 21, 10/11/2002; Ord. 2668 § 7 (part), 1/17/1992 17.40.040 - Permitted uses. A. Bleachers, grandstands (subject to review by Planning Commission). B. Bridle trails. C. Cemeteries and crematoriums. D. Civic buildings and governmental offices. E. Common open space. F. Convention centers (publicly owned) and associated activities. G. Tire stations. H. Hospitals. I. Landfills, sanitary. J. Libraries. K. Marinas, boat storage, maritime and harbor activities. L. Municipal pool. M. Museums. Page 125 N. Off-street parking structures and lots. O. Parks, greenbelts. P. Picnic areas and facilities. Q. Playfields. R. Playgrounds. S. Public recreation structures and facilities. T. Reservoirs. U. Schools and school related facilities. V. Single-family residences which meet the requirements of the RS-7 District. W. Streets, sidewalks, trails, and roads. X. Utility buildings and structures. (Ord. 3155 § 16, 1/30/2004; Ord. 3007 § 5 (part), 1/15/1999; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2796 § 13, 2/11/1994; Ord. 2702 § 2, 8/14/1992; Ord. 2668 § 7 (part), 1/17/1992; Ord. 2636 § 12 (part), 5/15/1991; Ord. 2382 § 1, 3/15/1986; Ord. 1709 § 1 (part), 12/22/1970) 17.40.045 - Accessory uses. Accessory uses determined by the Director of Community and Economic Development to be compatible with the intent of this chapter are permitted. (Ord. 2921 § 16, 6/28/1996) 17.40.050 - Conditional uses. 1. Quasi-public recreation structures and facilities. 2. Other uses compatible with the intent of this chapter. (Ord. 3155 § 17, 1/30/2004; Ord. 2668 § 7 (part), 1/17/1992; Ord. 2636 § 12 (part), 5/15/1991) 17.40.060 - Minimum yard requirements. A. Minimum lot area: None. B. Minimum lot width: None. C. Setbacks: Minimum yard setbacks shall be no less than the adjacent zoning requirements, except that in the event the adjacent zone is PBP, setbacks shall be zero feet. No structure shall be placed within 15 feet of an alley. D. Maximum lot coverage: 50 percent. E. Maximum building height: 35 feet. In order to reduce impervious surfaces, building height may exceed the standard in the underlying zone to a maximum of twenty percent; provided that the project design protects adjacent uses both inside and outside of the development site from adverse impacts on privacy, light, air and significant public views. An increase in building height must be shown to reduce site coverage by a similar percentage. Page 126 (Ord. 2977 § 1 (part), 12/26/1997; Ord. 2749 § 1, 2/26/1993; Ord. 2668 § 7 (part), 1/17/1992; Ord. 1709 § 1 (part), 12/22/1970) 17.40.065 - Design and landscaping. A. All outdoor storage areas shall be screened from public view from public rights-of-way and abutting property by a sight-obscuring fence six feet in height; except sanitation receptacles associated with mechanized collection. B. All lighting on the site shall be directed or shaded so as not to shine directly on adjoining non- commercial property. C. A visual screen consisting of solid fencing, landscaping, or other materials, shall be provided in t he yard abutting residentially zoned land. Such a screen shall be to a height of six feet. If landscaping is used, it shall include evergreen shrubs planted to form a hedge of at least six feet mature height within three years of the planting date, except that approved vehicle driveways to an alley shall not be obstructed; and except that sanitation receptacles associated with mechanized collection shall not be obstructed. D. All required parking areas shall include tree landscaping of at least one tree such that the tree canopy covers at least 20 percent of the total paved area after a period of 5 years, for each group of six or fewer parking spaces with a minimum of two (2) trees, exclusive of any required perimeter landscaping. Vegetation within LID facilities may be used to meet landscaping requirements. [Illustration - 11 parking spaces requires two trees; 12 spaces requires two trees; 13 spaces requires three trees.] The trees shall be of a type approved by the City, and be at least two-inch caliper at time of planting, and placed in a minimum planting area of 100 square feet. Trees shall attain a minimum height of at least 20 feet at maturity. Alternatively, landscaping plans with functionally compatible planters and equivalent vegetative cover may be submitted for approval by the Director of Community and Economic Development as mitigation for this requirement when site constraints deem necessary. Refer to 15.20.070 and 15.20.080 PAMC for appropriate pruning and vegetation management techniques. To ensure survivability of vegetation and tree coverage goal, a 5-year bond or other surety for 5% of the total landscape project costs shall be required. (Ord. 2977 § 1 (part), 12/26/1997) 17.40.070 - Lighting facilities. Overhead lights, floodlights, etc., shall be constructed so as to shine away from neighboring property as far as is practical. (Ord. 2668 § 7 (part), 1/17/1992; Ord. 2382 § 1 (part), 3/15/1986) CHAPTER 17.42 - FL - FOREST LANDS 17.42.010 - Purpose. This is a zoning designation for privately-owned property not intended for future conversion to urban development. Much of the land so designated may best be used for commercial timber production. This zone provides the basic nonurban land use pattern for natural resource uses, subject to environmental impact mitigation if converted to urban development. Page 127 (Ord. 3123 § 22, 10/11/2002; Ord. 2861 § 1 (part), 3/17/1995) 17.42.040 - Permitted uses. A. Aquifer protection. B. Commercial timber production. C. Critical wildlife or fish habitat and other public resources. D. Parks and greenbelts. (Ord. 2861 § 1 (part), 3/17/1995) 17.42.045 - Accessory uses. Accessory uses determined by the Director of Community and Economic Development to be compatible with the intent of this chapter are permitted. (Ord. 2921 § 17, 6/28/1996) 17.42.050 - Conditional uses. Other uses compatible with the intent of this chapter. (Ord. 2861 § 1 (part), 3/17/1995) 17.42.060 - Setbacks and buffers. No disturbance of soils and vegetation or other development shall be permitted, except where reforestation will take place in accordance with the State's Forest Practices Regulations and the City's Critical Areas Ordinances. (Ord. 2861 § 1 (part), 3/17/1995) CHAPTER 17.44 - PLID - PLANNED LOW IMPACT DEVELOPMENT OVERLAY ZONE 17.44.010 - Purpose. This Overlay Zone provides alternative zoning regulations that permit and encourage design flexibility. It is intended that a Planned Low Impact Development (PLID) will result in a high quality residential development by use of a design process that includes site design components of a residential neighborhood consonant with the public health, safety, and welfare, and results in a binding approved site design. A PLID is intended to manage stormwater through a land development strategy that emphasizes conservation and use of on-site natural features integrated with engineered, small-scale hydrologic controls to more closely mimic predevelopment hydrologic conditions. It is intended that techniques used will include minimizing impervious surfaces and effective impervious surfaces and encouraging the creation or preservation of permanent forested open space. Page 128 It is also intended that a PLID may combine a number of land use decisions such as critical areas protection, conditional use permits, rezones, and subdivisions into a single project review process to encourage timely public hearings and decisions. The consolidation of permit reviews does not exempt the applicant(s) from meeting the regulations and submitting the fees and applications normally required for the underlying permit processes. This overlay zone provides an opportunity to create residential neighborhoods with a variety of housing choices without following a standard system of public streets and lot design, and to develop residential neighborhoods that are harmonious with on-site and off-site natural and built environments while conserving natural conditions and features, and the use of appropriate new technologies and techniques. A PLID is intended to further the goals of the Comprehensive Land Use Plan by the use of accepted new technologies and techniques, the conservation of natural conditions and features, and the efficient layout of streets, utility networks and other public improvements. (Ord. 3293, 8/31/2007) 17.44.015 - Definitions. A. Floor area ratio (FAR): The gross floor area of all buildings or structures on a lot divided by the total lot area. B. Impervious area: Impervious areas include all hard surfaces that impede infiltration of rainfall into the underlying soil profile. These surfaces include but are not limited to compacted soil, asphalt concrete pavement, cement concrete pavement, roofs, and gravel paved areas. Green roofs and minimal excavation foundations, subject to conformance with applicable Department of Ecology BMPs, are not included in the total impervious area. BC. Neighborhood density: The number of dwelling units per acre allowed by a zone or zones. CD. Planned Low Impact Development (PLID): A site specific development that has been approved by the City Council under the provisions of Chapter 17.44 of the Port Angeles Municipal Code. DE. Townsite block: A block of 500-foot by 300-foot dimension or 3.44 acres as created by the original platting of the Townsite of Port Angeles. E. Critical Root Zone (CRZ): Minimum area of protection around the trunk of a tree. The CRZ is based on the area that results from measuring, at diameter breast height (DBH) or 4.5 feet above the ground, 1.5 feet outwards from the trunk for every inch of trunk diameter. (Ord. 3293, 8/31/2007) 17.44.020 - Applicability. PLIDs may be established subject to final approval of a proposal for a specific parcel or parcels of land in all residential zones. A PLID shall contain a minimum of 21,000 square feet with densities permitted per the underlying zone and be within the guidelines of Table 17.44.025 2. (Ord. 3293, 8/31/2007) 17.44.025 - Performance standards. A. Conformance to the following criteria is required for all developments reviewed under the provisions of this chapter: TABLE 17.44.025-11,2,3,4 Maximum Detention Maximum Detention Minimum Vegetated Maximum Impervious Page 129 Structure Reduction (Infiltration 0.30 in/hr)5,6 Structure Reduction (Infiltration of > 0.30 in/hr)5,6 Open Space71 Surface Area82 Urban Residential < 6.22 Dwelling Units per Acre 50% 60% 35% See Table 17.44.025-2 Urban Residential >6.22 Dwelling Units per Acre 50% 60% 20% See Table 17.44.025-2 Multi-Family9,103,4 40% 80% 20% See Table 17.44.025-2 Table 17.44 025 Notes. 1 LID projects shall meet the minimum peak and duration flow controls standards per the Department of Ecology Stormwater Management Manual for Western Washington, current edition. 2 Flow control facilities may be reduced in size through compliance with the most current version of the Stormwater Management Manual For Western Washington Appendix III-C. 3 Water quality treatment BMPs shall be provided to treat 91 percent of the annual runoff volume per the Department of Ecology standards. 4 All site soils disturbed during construction shall be rehabilitated to the specifications of the most current version of the Stormwater Management Manual For Western Washington. 5 The volume reduction in Table 17.44.025-1 represents a reduction as compared to the volume needed for a detention pond serving a standard development. 6 Infiltration rates are as measured in the field at the proposed PLID location using techniques recommended in the Stormwater Management Manual for Western Washington and the Low Impact Technical Guidance Manual for Puget Sound. 17 Vegetated open space includes native, undisturbed areas, or rehabilitation of previously disturbed areas. Vegetated open space may integrate passive recreation facilities. Active recreation areas shall not count towards vegetated open space total. 28 Impervious areas include all hard surfaces that impede infiltration of rainfall into the underlying soil profile as defined in Section 17.44.015 E17.08. 39 Multi-family projects are those projects containing more than two dwelling units attached in a single structure, regardless of ownership mechanism. 410 Multi-family and commercial projects must use pervious permeable pavement for at least 20 percent of all paved surfaces, where feasible. Page 130 Table 17.44.025-2 Residential Density Allowed and Maximum Percent Impervious Areas Based on Density Zone Minimum Dwelling Units per Acre Maximum Dwelling Units per Acre* Maximum % Total Impervious Surface RS-11 2 DU per Acre 3.96 DU per Acre 25% RS-9 3.96 DU per Acre 4.84 DU per Acre 30% RS-7 4.48 DU per Acre 6.22 DU per Acre 35% RMD 6.22 DU per Acre 12.44 DU per Acre 40% RHD 12.44 DU per Acre 38.56 DU per Acre 50% * Does not include density bonus per Section 17.44.100 B. Additional requirements: 1. All projects with Type A (outwash) soils shall infiltrate 100-percent of runoff. 2. All PLID projects shall provide a maintenance plan/program for the low impact development stormwater facilities and techniques that have been approved by the City and meets the stormwater requirements for new development and redevelopment projects in Chapter 5 and 6 of the City of Port Angeles Urban Services Standards and Guidelines manual most current version of the Stormwater Management Manual for Western Washington. (Ord. 3293, 8/31/2007) 17.44.030 - Permitted uses. Residential building types in a PLID include those permitted in the underlying zone or zones. (Ord. 3293, 8/31/2007) 17.44.035 - Conditional uses. Conditional uses may be allowed similarly to those conditionally permitted in the underlying zone(s). Page 131 (Ord. 3293, 8/31/2007) 17.44.040 - Permitted modifications of land use regulations. The approval of a PLID may include modifications in the requirements and standards of the underlying land use regulations of the zone in which the project is located subject to the limitations of this chapter. No approval shall include a modification, variance or waiver of the exterior setback areas required by the underlying zones along the exterior property lines of the PLID, or of the requirements of the Shoreline Master Program except as provided in Chapter 173-14 WAC. (Ord. 3293, 8/31/2007) 17.44.050 - Design and development standards. The following design objectives are included in the PLID standards: A. Lot size. Minimize area of site disturbance. The minimum lot size of the underlying zone may be modified to achieve the goals in section 17.44.010 PAMC. B. Lot width. Minimize street length. The minimum lot width of the underlying zone district may be modified to achieve the goals in section 17.44.010 PAMC. C. Building height. Minimize building footprint. Building height may exceed the standard in the underlying zone to a maximum of ten twenty percent; provided that the project design protects adjacent uses both inside and outside of the PLID from adverse impacts on privacy, light, air and significant public views. D. Building setbacks. Minimize impervious surfaces. The zoning setbacks may be modified to achieve the goals in section 17.44.010 PAMC. E. Site coverage. Minimize impervious surfaces. The total impervious area (TIA) of the site shall be limited to those allowed in Table 17.44.025-2. Additional coverage of the site shall be with pervious materials only. Any impervious area that is isolated by a minimum of 100 feet of native vegetation and is drained using approved dispersion techniques through the native vegetation area shall not be considered in the limit. F. The following standards shall apply to all PLIDs: 1. All street and utility improvements shall be constructed to standards specified by the City of Port Angeles. Private street widths may vary from widths required in the Subdivision Regulations, and interior streets may be either public or private. Streets intended to be dedicated to the City must meet minimum standards set forth in the City of Port Angeles Urban Standards and Guidelines manual. 2. All PLIDs shall provide for continuous and perpetual maintenance of stormwater management facilities, common open space, common recreation facilities, private roads, utilities, parking areas and other similar development within the boundaries of the PLID in a form and manner acceptable to the City. 3. PLIDs that are not accompanied by a concurrent subdivision or short subdivision approval, shall record an easement or covenant against the land title to ensure that the low impact development features are protected. 4. Platting shall be required for all projects that involve or contemplate the subdivision of land. Lots in a platted PLID may be sold to separate owners. No further subdivision of land within the PLID will be permitted unless a formal amendment to the PLID is approved. 5. Conditional use permits shall be required for all projects that involve or contemplate conditional uses that may be allowed in the underlying zone(s). In addition to the conditional Page 132 uses allowed in the underlying zone(s), small scale commercial uses allowed in the Commercial Neighborhood (CN) zone and serving nearby residences may be considered for conditional use permit(s) during the PLID approval process. No further conditional use permits except home occupations, will be permitted within the PLID unless a formal amendment to the PLID is approved. 6. For any underlying land use regulatory process that is consolidated through the PLID overlay process, the criteria and development standards of that underlying land use process shall be met. Any subsequent land use decision made pursuant to an underlying land use regulatory process shall also require a formal amendment to the PLID. 7. To encourage design flexibility, conservation of natural amenities and innovations that result in a higher quality residential environment than traditional subdivisions, comprehensive site planning is required of all development in the PLID. Where applicable, the design of PLIDs shall accomplish the following to the greatest extent possible: a. Preserve unique physical features of the site including, but not limited to, creeks, wetlands, ravines, bluffs, lakes or ponds, shorelines, and forest areas consistent with section 15.20 and 15.24 PAMC; b. Preserve scenic view corridors, both internal and external to the site to the greatest extent possible; c. The design of all open space areas and building structures shall be compatible with and complementary to the environment in which they are placed. 8. All PLIDs shall comply with the goals and policies of the Port Angeles Comprehensive Plan. 9. The location of all streets, buildings, parking areas, pedestrian, bicycle and vehicular ways, and utility easements shall be designed to promote public safety, compatibility of uses, minimize effective impervious surface, preserve forested open space, and complement predevelopment site characteristics such as topography, soils, hydrology, and other natural features. 10. All PLIDs shall comply with the stormwater requirements for new development and redevelopment projects in Chapter 5 and 6 of the City of Port Angeles Urban Services Standards and Guidelines manual. (Ord. 3293, 8/31/2007) 17.44.060 - Site assessment. Low impact development site design is intended to mimic the predevelopment hydrologic conditions on the site. The development context shall be established by an initial site assessment consistent with the requirements of section 17.44.160 PAMC. Site assessment and feasibility of LID BMPs shall be determined per Chapter 5 of the City of Port Angeles Urban Services Standards and Guidelines manual. The initial inventory and assessment process will provide the baseline information necessary to design strategies that preserve natural resources, preserve area s most appropriate to evaporate, transpire, and infiltrate stormwater, and achieve the goal of maintaining pre-development natural hydrologic conditions on the site. The assessment will result in a series of maps identifying streams, lakes, wetlands, buffers, steep slopes, and other hazard areas, significant wildlife habitat areas, and permeable soils offering the best available infiltration potential. Maps can be combined as hard copies or as GIS layers to delineate the best areas to locate development. Those areas designated most appropriate for development, which will contain all impervious surfaces and landscaped areas on the site, should be configured to minimize soil and vegetation disturbance, buffer critical areas, and take advantage of a site's natural stormwater processing capabilities. Designated development area boundaries shall be delineated on site plans and identified on the site during site preparation and construction. Areas outside of the designated development area envelope shall be designated protected native growth areas or reserve areas. Page 133 Sites located in close proximity to the marine bluff, steep slopes, or landslide hazard areas may be considered inappropriate for PLID due to conditions whereby the use of infiltration of stormwater may result in unstable soil conditions. (Ord. 3293, 8/31/2007) 17.44.070 - Protected native growth areas. A. For the purposes of calculating required area, inundated lands shall not be included; however, other sensitive areas and their buffers may be included within the protected native growth area boundaries. B. Protected native growth areas shall be forested or reforested. Portions of a designated protected native growth area without existing tree canopy shall be planted at a density of 60 trees per acre. This requirement does not apply to wetlands or water bodies. The administrator may modify this requirement subject to site conditions. A tree planting plan shall be submitted for review and approval. C. Development within protected native growth areas shall be limited to stormwater dispersion facilities, pervious pedestrian trails, and approved surface water restoration projects. Activities within the protected native growth areas shall be limited to passive recreation, removal of invasive species, amendment of disturbed soils consistent with all applicable regulations, and planting of native vegetation. Development shall be consistent with critical areas requirements and restrictions in Chapter 15.20 PAMC and Chapter 15.24. PAMC. D. A permanent protective mechanism shall be legally established to ensure that the required protected native growth area is preserved and protected in perpetuity in a form that is acceptable to both the applicant and the City and filed with Clallam County Auditor's Office. A permanent protected native growth area shall be established using one of the following mechanisms. 1. Placement in a separate non-building tract owned in common by all lots within the subdivision; 2. Covered by a protective easement or public or private land trust dedication; 3. Preserved through an appropriate permanent protective mechanism that provides the same level of permanent protection as subsection 17.44.070.D.1. of this section as determined by the approval authority. E. Restrictions on the future use of the protective native growth area shall be recorded on the face of the final plat or short plat. (Ord. 3293, 8/31/2007) 17.44.080 - Native soil protection and amendment. A. The duff layer and native topsoils shall be retained in an undisturbed state to the maximum extent practicable. Any duff layer or topsoil removed during grading shall be stockpiled on-site in a designated, controlled area not adjacent to public resources and critical areas. The material shall be reapplied to other portions of the site where feasible. AB. Except as otherwise provided in subsection 17.44.080.C., areas that have been cleared and graded or subject to prior disturbance shall be amended meet the post-construction soil quality and depth requirements in the Department of Ecology’s SWMMWW (2014), or most recent update. Prior disturbance shall include soil compaction or removal of some or all of the duff layer or underlying topsoil. The amendment shall take place between May 1 and October 1. Replaced topsoil shall be a minimum of eight-inch depth, unless the applicant demonstrates that a different thickness will provide conditions equivalent to the soil moisture holding capacity native to the site. Replaced topsoil shall have a minimum organic content of ten percent dry weight and a pH between 5.5 and 7.0. The intent of amending disturbed soils is to restore the moisture holding capacity of the original undisturbed native soil to the maximum extent practicable. Page 134 BC. This section does not apply to areas within the dripline Critical Root Zone (CRZ) of trees proposed for retention, or that, at project completion, are covered by an impervious surface, incorporated into a drainage facility or engineered as structural fill or slope. Mulch shall be applied to any area within the CRZ or dripline of trees where the duff layer and organic matter are removed. (Ord. 3293, 8/31/2007) 17.44.090 - Clustering. A. To achieve the goals of low impact development, residential lots shall be clustered within the designated development area of the site. Clustering is intended to preserve open space, reduce total impervious surface area, and minimize development impacts on critical areas and associated buffers, as defined in Chapter 15.20 PAMC and 15.24 PAMC. Preservation of open space reduces potential stormwater runoff and associated impacts and provides area for dispersion, filtration and infiltration of stormwater. B. The arrangement of clustered building lots shall be designed to avoid development forms commonly known as linear, straight-line or highway strip patterns. (Ord. 3293, 8/31/2007) 17.44.100 - Density. Every PLID shall be allowed the density of the underlying zone or zones in which the site is located and a bonus of two additional units per acre on the portions of the site exclusive of environmentally sensitive areas. The density bonus may only be allowed if maximum percentage of total impervious surface listed in Table 17.44.025-2 are met. Density credits for environmentally sensitive areas protected by Title 15 PAMC shall be allowed in addition to the base density calculated for the buildable area of the site per section 15.20.070(F) and section 15.24.070(F). Residential density shall meet or exceed the maximum allowed density of the next lowest density zone. (Ord. 3293, 8/31/2007) 17.44.120 - Circulation and access. A. Circulation and access provisions shall be appropriate to the scale of the project and to anticipated traffic characteristics, and consistent with the requirements of City of Port Angeles road standards. Deviations from the City of Port Angeles Public Works standards may be granted subject to the following criteria: 1. Approval by the City of Port Angeles Public Works and Utilities and Fire Departments; 2. A vegetated bioretention facility swale with compost amended soils shall be provided within the right-of-way or in islands created by loop roadways. If a bioretention facility is not feasible, other LID facilities may be considered. B. Loop roadways are encouraged to minimize impervious surfaces, facilitate emergency vehicle access, and provide vegetated areas to help manage stormwater. (Ord. 3293, 8/31/2007) 17.44.130 - Parking. Page 135 Parking space requirements shall conform to the requirements of Chapter 14.40. If parking cannot be accommodated on site, common parking areas must be incorporated on approved privately maintained easement areas using pervious surfacing materials permeable pavement where feasible. (Ord. 3293, 8/31/2007) 17.44.140 - Alternative surfacing methods. Alternative surfacing including, but not limited to: paving blocks, bark or wood mulch, turf block, pervious concrete, porous asphalt, plastic or other material grid systems, and other similar approved materials are encouraged and may be approved for appropriate applications. Alternative surfacing methods may be approved for parking areas, emergency parking areas, private roads, fire lanes, road shoulders, bike paths, walkways, patios, driveways, and easement service roads where appropriate unless site constraints make use of such materials detrimental to water quality. Utilization of alternative surfacing methods shall be subject to review and approval by the City of Port Angeles Public Works and Utilities Department and Fire Marshal for compliance with other applicable regulations and development standards. Surfaces that comply with this section shall not be considered impervious surfaces under Section 17.44.020 PAMC. (Ord. 3293, 8/31/2007) 17.44.150 - Drainage and land alteration. A. Land alteration may commence when in compliance with City of Port Angeles site development regulations. B. Drainage plans and improvements shall be in compliance with City of Port Angeles drainage standards and NPDES permit requirements. (Ord. 3293, 8/31/2007) 17.44.160 - Site assessment and concept plan. The site design process for a PLID begins with an in-depth site assessment. The site assessment shall be a component of the project submittal. The site assessment shall include, at a minimum, the following: A. A site map prepared by a registered land surveyor, registered civil engineer or other professional licensed to conduct surveys showing location of all existing lot lines, lease areas and easements, and the location of all proposed lot lines, lease areas, and easements, existing public and private development, including utility infrastructure, on and adjacent to the site, major and minor hydrologic features, including seeps, springs, closed depression areas, drainage swales, and contours as follows: 1. Up to ten percent slopes, two-foot contours. 2. Over ten percent to less than 20 percent slopes, five-foot contours. 3. 20 percent or greater slopes, ten-foot contours. Spot elevations shall be at 25 foot intervals. B. A soils report prepared by a geotechnical engineer or engineering geologist licensed in Washington State. The report shall identify: 1. Underlying soils on the site utilizing soil pits and soil grain analysis to assess infiltration capability on site. The frequency and distribution of soil pits shall be adequate to direct placement of the roads and structures away from soils that can most effectively infiltrate stormwater. Page 136 2. Topographic features that may act as natural stormwater storage or conveyance and underlying soils that provide opportunities for storage and partial infiltration. 3. Depth to groundwater. 4. Geologic hazard areas, stream ravines, the marine bluff and associated buffer requirements as defined in Chapter 15.20 PAMC. C. A survey of existing vegetation cover by a landscape architect licensed in Washington, arborist, or qualified biologist identifying any forest areas on the site, species and condition of ground cover and shrub layer, tree species, and canopy cover percentage. 1. The vegetation survey may take the form of: a. An aerial photograph of the property in a scale acceptable to the City that identifies significant groupings of trees and unusual or fine specimens of their species; OR b. A survey of all trees over 12 inches in trunk diameter measured at four feet above the ground as determined by DCED in those areas where improvements are proposed. 2. General wooded areas where no improvements are proposed will require a vegetation survey containing the following elements: a. A mapping of the extent of the wooded areas with survey of perimeter trees only. b. A narrative regarding the types (species) and condition of the trees and under-story in the wooded area. c. Identification of trees that are unusual or fine specimens of their species. d. In general wooded areas where minor improvements are proposed, a survey of trees over 12 inches in trunk diameter measured at four feet above the ground will be required to a reasonable distance around the improvements. E. A survey of wildlife habitat by a qualified biologist. F. A streams, wetland, and water body survey and classification report by a qualified bi ologist showing wetland and buffer boundaries consistent with the requirements of Chapter 15.20 PAMC and 15.24 PAMC, if present. G. Flood hazard areas on or adjacent to the site, if present. H. Any known historic, archaeological, and cultural features located on or adjacent to the site, if present. (Ord. 3293, 8/31/2007) 17.44.170 - Pre-application review. Prior to applying for a PLID, a developer shall submit a concept plan to the Department of Community and Economic Development (DCED). The concept plan will be reviewed for its general compliance with the intent, standards and provisions of this chapter and other City ordinances by the appropriate departments of the City, and written comments in regard to the plan will be furnished to the developer. The concept plan shall contain in sketch form all of the information required in section 17.44.180.B. and: A. Site plan showing proposed lot lines; B. Location of buildings and streets; C. Native tree protection areas; D. Landscape areas used for recreation and/or stormwater management; Page 137 E. Site area statistics i.e., area in lots, right-of-ways, common use areas, and impervious surface areas. After the conceptual plan review and prior to accepting a PLID application, the City shall require a neighborhood meeting. The neighborhood meeting shall be organized and sponsored by the project proponent. Neighbors within 300 feet of the proposed location shall be included in notification of the meeting. The purpose of the meeting will be to solicit information regarding design alternatives to minimize any adverse impacts from the PLID and to alleviate community concerns. (Ord. 3293, 8/31/2007) 17.44.180 - Application materials required. The application for a PLID shall contain the following: A. The name, location, and legal description of the proposed development, together with the names, addresses and telephone numbers of the recorded owners of the land and of the applicant and, if applicable, the names, addresses and telephone numbers of any land surveyor, architect, planner, designer, or engineer responsible for the preparation of the plan, and of any authorized representative of the applicant. B. A narrative explaining the proposed use or uses of the land and building, including the proposed number of dwelling units by type, such as single-family detached, row housing, or apartments and information on any special features, conditions of which cannot be adequately shown on drawings and an explanation of covenants, continuous maintenance provisions, and/or homeowners association for the project. The narrative shall include information explaining how the proposed development will, through the improved utilization of open space, natural topography, transitional housing densities, and integrated circulation systems, create a residential environment of higher quality than that normally achieved by traditional development of a subdivision and how the proposed development will be compatible with adjacent, existing, and future developments. C. A survey of the property containing the information required in section 17.44.160.A. through H, plus: 1. Existing buildings or structures; 2. Existing streets, utility easements, rights-of-way; 3. Existing land uses. D. Preliminary site plans showing the following: 1. Location and dimensions of proposed buildings, building setbacks, open space, recreation areas, parking areas, and circulation patterns; 2. Landscape areas and landscape areas used for stormwater management. E. Detailed site statistics including but not limited to: 1. Total site area in both acres and square feet; 2. Site coverage expressed in square feet and percentage of: a. Total footprint area of buildings for: i. Residential structures; ii. Non-residential structures. b. Roadway and sidewalk paved surfaces area; c. Parking lot and other impervious areas; Page 138 d. Any areas paved with permeable paving systems; 3. Total area in lots and area of individual lots; 4. Number of residential units proposed; 5. Total number of lots being created; 6. Density of site expressed as residential units per acre. F. Landscape plan including a tree planting plan and a tree protection plan for existing vegetation. G. A preliminary plat, if applicable, pursuant to Chapter 58.17 RCW and Chapters 16.04 and 16.08 PAMC. H. If a developer elects to obtain additional density credits for environmentally sensitive areas, the site plan application shall contain specific information relating to the additional density credit criteria of section 15.20.070 and 15.24.070. I. A preliminary utilities plan, including fire hydrant locations. J. A preliminary storm drainage plan Small Project Stormwater Plan or Large Project Stormwater Plan that meets chapter 5 the City of Port Angeles stormwater management Urban Services Standards and Guidelines manual, site development standards and NPDES permit requirements. K. An off-street parking plan and circulation plan showing: 1. All means of vehicular and pedestrian ingress and egress to and from the site; 2. Number and location of off-street parking spaces; 3. Size and location of driveways, streets, sidewalks, trails, and parking spaces; 4. Any new traffic control devices required for the safety of the project must be shown. L. Mailing labels of property owners within 300 feet of the proposed project pursuant to section 17.96.140 PAMC. (Ord. 3293, 8/31/2007) 17.44.190 - Supplemental information. A. A complete State Environmental Policy Act (SEPA) checklist. B. A traffic study prepared by an engineer licensed in Washington State, if required by the Public Works and Utilities Department at the preapplication conference. The traffic study does not need to be submitted with the application if an environmental impact statement is being prepared for the project and a traffic study will be completed for the EIS. This does not preclude the possibility that a traffic study may be required at a later stage in the process. C. The proposed method of providing long-term maintenance of improvements or facilities, including roads and sidewalks, drainage, on-site fire protection improvements, water and sanitation systems, and community or public open space. The purpose is to identify the method of maintenance, not to require detailed agreements. Maintenance criteria for stormwater treatment and flow control facilities and LID BMPs shall be per Chapter 5 of the City of Port Angeles Urban Services Standards and Guidelines manual. D. If the maintenance is to be provided privately, the developer shall indicate the organization to be established to provide the maintenance, and the method and approximate amount of funding required. E. Draft instruments for permanent preservation of protected native growth areas and maintenance of low impact development drainage facilities. Page 139 (Ord. 3293, 8/31/2007) 17.44.200 - Routing and staff recommendations. Upon receipt of an application satisfying the requirements of section 17.44.180, the Department of Community and Economic Development (DCED) shall route the same to all appropriate City Departments and any other agency with jurisdiction. The Planning Division shall prepare a report to the Planning Commission summarizing the factors involved, the recommendations of other departments and the DCED including findings and conclusions. (Ord. 3293, 8/31/2007) 17.44.210 - Planning Commission public hearing—Scheduling and notice. Upon receipt of an application satisfying the requirements of section 17.44.200, the DCED shall schedule a public hearing before the Planning Commission. Public notice shall be given as provided in section 17.96.140. (Ord. 3293, 8/31/2007) 17.44.220 - Planning Commission recommendation—Preliminary development plans. The Planning Commission's recommendation for approval, denial, or approval with modifications or conditions shall be forwarded to the City Council, following a public hearing, in written form and shall be based upon compliance with section 17.44.050 and the following criteria: A. The proposed development will comply with the policies of the Comprehensive Plan, zoning ordinance, and other development regulations of the PAMC. B. All necessary on-site and off-site municipal utilities, services, and facilities, existing and proposed, shall be adequate to serve the proposed development. C. Internal streets serving the proposed development shall be adequate to serve anticipated traffic levels, and the street system of the proposed development shall be functionally connected by an improved collector street to at least one improved arterial street. D. If the development is planned to occur in phases, each phase shall meet the requirements of a complete development. (Ord. 3293, 8/31/2007) 17.44.230 - City Council action—Preliminary development plans. The City Council shall consider the recommendation of the Planning Commission at a public meeting. The Council may approve, deny, or approve with modifications or conditions the submitted preliminary development plans. Approval shall be by Council action which incorporates the approved preliminary development plans by reference and shall include findings based upon this chapter. (Ord. 3293, 8/31/2007) 17.44.240 - Final approval of PLID. Page 140 Application for final approval of a PLID shall be submitted to City Council within two years of the preliminary development plan approval; provided that for phased PLID's each phase shall have an additional one-year period for final approval; and provided further that an applicant may apply to the Planning Commission, and the Commission may approve, one or more one-year extensions as the Commission may deem appropriate. The site must be under one ownership prior to final approval by the Planning Commission and City Council. The application for final approval must be made by the owners of the entire site and shall include the following: A. A title report showing record ownership of the parcel or parcels upon which the PLID is to be developed. B. Adequate assurance for the retention and continued maintenance of stormwater management facilities, common open space, recreation facilities, and recreation structures. If development is to be done in phases, each phase must meet this requirement. C. Adequate assurance for the retention and continued maintenance of environmentally sensitive areas and their buffers. If development is to be done in phases, each phase must meet this requirement. D. Final development plans that shall be in compliance with the approved preliminary development plans. E. Final corrected plans (“as-builts”) that are stamped, signed, and dated by a licensed engineer registered in the state of Washington that accurately represent the stormwater infrastructure installed including bioretention facilities, permeable pavement, vegetated roofs, rainwater harvesting systems, and/or newly planted or retained trees for which a flow reduction credit was received. FE. The final plat, if applicable, pursuant to Chapter 58.17 RCW and Chapter 16.08 PAMC. GF. Development schedule. HG. If bonding is proposed, the bond or other form of security acceptable to the City in an amount equal to 150 percent of the approved engineering estimate for the required improvements to complete the project or submitted phase, as required by the City. IH. Covenants, conditions and restrictions and/or homeowners' association agreement. JI. Mailing labels of property owners within 300 feet of the proposed project pursuant to section 17.96.140 PAMC. (Ord. 3517 § 6, 10/21/2014; Ord. 3293, 8/31/2007) 17.44.250 - City Council final action. The City Council shall review the application for final approval at a public hearing, notice of which shall be given as provided in section 17.96.140, and shall approve, deny, or approve with modifications the final development plan and, if applicable, the final plat. Approval of the final development plan shall be by ordinance and a copy of the final PLID shall be filed with and made a part of said ordinance. The Zoning Map shall be amended to indicate the extent of the approved PLID, and all future development of the site shall be in conformance with the approved PLID. The site must be under one ownership prior to final approval by the City Council, and application for final approval must be made by the owners of the entire site. (Ord. 3293, 8/31/2007) 17.44.260 - Scope of PLID approval. Page 141 Once the PLID receives final approval pursuant to 17.44.250 PAMC, all persons and parties, their successors, heirs, or assigns, who own, have, or will have by virtue of purchase, inheritance or assignment, any interest in the real property within the proposed PLID, shall be bound by the conditions attending the approval of the development and the provisions of this chapter. (Ord. 3293, 8/31/2007) 17.44.270 - Building permits. The Building Division shall issue building permits for buildings and structures that conform with the approved final development plans for the PLID and with all other applicable City and state ordinances and regulations. The Building Division shall issue a certificate of occupancy for completed non residential buildings or structures that conform to requirements of the approved final development plans and all other applicable City and state ordinances and regulations for such occupancies. The construction and development of all common usable open spaces, including recreational facilities, and other public improvements of each project phase must be completed before any certificates of occupancy will be issued except when bonds or other acceptable forms of security are deposited assuring the completion of suc h facilities within six months of approval of final PLID. (Ord. 3293, 8/31/2007) 17.44.280 - Modifications after final approval. The final approval shall be binding upon the development. The final development plan shall continue to control the PLID after it is completed. Design variations from the plan must be submitted to the Planning Commission and City Council for approval and amendment of the ordinance, except for minor changes, as follows: The DCED is authorized to approve minor adjustments in the development schedule, location, placement, height, or dimension of buildings and structures, not to exceed an alteration of ten percent in height or ten feet in any other direction, when such minor changes and alterations are required by engineering and other circumstances not foreseen or reasonably foreseeable at the time of approval of the final development plans; except that such adjustments shall not increase the total amount of floor space authorized in the approved final PLID, or the number of dwelling units or density, or decrease the amount of parking or loading facilities, or permit buildings to locate closer to the closest boundary line, or decrease the amount of open space, or decrease the recreation facilities, or change any points of ingress or egress to the site, or extend the development schedule for not more than 12 months. When a change requires prior review and approval, the City Council shall conduct a public hearing prior to acting on such adjustment. (Ord. 3293, 8/31/2007) CHAPTER 17.45 - IOZ - INFILL OVERLAY ZONE 17.45.010 - Purpose. This Overlay Zone is designed to provide alternative zoning regulations that permit and encourage design flexibility through the implementation of smart growth practices to promote infill, maximum density, attainable housing, and functional innovation in developments that are both transit and pedestrian oriented and which blend into the character of the existing neighborhoods. It is intended that an Infill Overlay Zone (IOZ) will result in a residential environment of higher quality than traditional lot-by-lot development by use of a design process that includes within the site design all the components of an urban residential Page 142 environment, such as walkability, access to transit, and a variety of building types, in a manner consonant with the public health, safety, and welfare and results in a specifically approved site design. IOZ's are aimed to implement smart growth practices on infill or redevelopment sites that are surrounded by existing development and infrastructure. It is also intended that an IOZ 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 attainable higher 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. Incorporation of conditionally permitted commercial neighborhood uses and mixed use developments can be achieved through the IOZ review. This overlay zone provides for the creation of infill developments and smaller self contained residential neighborhoods that complement the existing neighborhood without following a standard system of public streets and lot design and with opportunities for residential and commercial neighborhood developments not usually permitted in residential zones. (Ord. 3294, 8/31/2007) 17.45.011 - Definitions. A. Attainable housing: Residential housing available for sale or rent that requires a monthly housing cost, including utilities other than telephone, of no more than 30 percent of the net income of an eligible household. For purposes of the preceding sentence, an eligible household is one with a total net household income no greater than 120 percent of the Clallam County median income as reported by the Washington State Office of Financial Management. B. Infill Overlay Zone (IOZ): A site specific development that has been approved by the City Council under the provisions of Chapter 17.45 of the Port Angeles Municipal Code. C. Neighborhood density: The number of dwelling units per gross acre allowed by zone or zones. (Ord. 3294, 8/31/2007) 17.45.020 - Applicability. IOZs may be established, subject to final approval of a proposal for a specific parcel or parcels of land in the RHD, RMD and RS-7 residential districts. An IOZ shall contain a minimum of 21,000 square feet but shall be limited to less than 3.44 acres in size with densities permitted per the underlying zone or zones per 17.45.060. The site shall be composed of contiguous lots or parcels. Minimum lot area may not be achieved by including areas included in property that has been part of a subdivision finaled in the preceding five years. Conditionally approved commercial neighborhood uses shall be limited to IOZ developments greater than one acre in size. All IOZs shall consist of a development that is primarily residential in nature. (Ord. 3294, 8/31/2007) 17.45.030 - Permitted uses. Residential building types in an IOZ may vary from those permitted in the underlying zone or zones. (Ord. 3294, 8/31/2007) Page 143 17.45.031 - Conditional uses. Conditional uses may be allowed similarly to those conditionally permitted in the underlying zone(s) or may include commercial neighborhood and commercial recreational uses that primarily serve neighborhood residents. (Ord. 3294, 8/31/2007) 17.45.040 - Permitted modifications of land use regulations. The approval of an IOZ may include modifications to the requirements and standards of the underlying land use regulations of the zone in which the project is located subject to the limitations of this chapter. No approval shall include a modification, variance, or waiver of the exterior setback areas required by the underlying zone along the exterior property lines of the IOZ, or of the requirements of the Shoreline Master Program except as provided in Chapter 173-14 WAC. (Ord. 3294, 8/31/2007) 17.45.050 - Standards. The following standards shall apply to all IOZs: A. All street and utility improvements shall be constructed to standards specified by the City of Port Angeles. Street widths may vary from widths required in the Subdivision Regulations, and interior streets may be either public or private. Streets intended to be dedicated to the City must meet minimum standards set forth in the City of Port Angeles Urban Standards And Guidelines manual. In suitable locations, common parking areas may suffice without the provision of interior streets. On-site parking requirements should be consistent with Title 14 of the Port Angeles Municipal Code. B. All IOZs shall devote at least 30 percent of residential units to attainable housing. C. All IOZs shall provide for a mechanism to ensure that attainable housing remains attainable in perpetuity. Such mechanism shall be approved by the Director of Community and Economic Development and be stipulated on the final plat. D. Common parking and landscaped areas shall be maintained as an integral part of the site and may not be segregated as a separate parcel or parcels unless such parcels are to be owned by a homeowner's association. E. All IOZs shall provide for continuous and perpetual maintenance of common open space, common recreation facilities, private roads, utilities, parking areas, and other similar development within the boundaries of the IOZ in form and manner acceptable to the City. F. All IOZs shall ensure that proposed structures blend into the residential character of the surrounding neighborhood. Multi-family uses in a predominately single-family neighborhood should simulate a single-family residence in appearance. G. Platting shall be required for all projects that involve or contemplate the subdivision of land. Lots in a platted IOZ may be sold to separate owners. No further subdivision of land within the IOZ will be permitted unless a formal amendment to the IOZ is approved. H. Conditional use permits shall be required for all projects that involve or contemplate conditional uses that may be allowed in the underlying zone(s). In addition to the conditional uses allowed in the underlying zone(s), commercial neighborhood uses (as permitted per section 17.21.040 PAMC) may be considered for conditional use permit(s) during the IOZ approval process. No Page 144 further conditional use permits except home occupations will be permitted within the IOZ unless a formal amendment to the IOZ is approved. I. For any underlying land use regulatory process that is consolidated through the IOZ overlay process, the criteria and development standards of that underlying land use process shall be met. Any subsequent land use decision made pursuant to an underlying land use regulatory process shall also require a formal amendment to the IOZ. J. To encourage design flexibility, maximum density, and innovations that result in a higher quality residential environment than traditional subdivisions, site planning and architectural review that address specific criteria are required of all development in the IOZ. Where applicable, the design of IOZs shall accomplish the following to the greatest extent possible: 1. Maximize the urban density of the underlying zone; 2. Provide affordable housing and attainable housing that complements the surrounding residential environment; 3. Provide a walkable, active, and transit oriented environment including, but not limited to, bicycle or pedestrian paths, proximity to public transit, children's play areas, and common open space areas; 4. Preserve scenic view corridors, both internal and external to the site; and 5. The design of all open space areas and building structures shall be compatible with and complementary to the environment in which they are placed. K. All IOZs shall comply with the goals and policies of the Port Angeles Comprehensive Plan. (Ord. 3390 § 10, 1/30/2010; Ord. 3294, 8/31/2007) 17.45.060 - Density. Every IOZ shall be allowed the density of the underlying zone or zones in which the site is located and a bonus of two additional units per acre on the portions of the site exclusive of environmentally sensitive areas. Where possible maximum density of the underlying zone shall be attained. All IOZs shall exceed the minimum density per Table 17.45.060A. Density credits for environmentally sensitive areas protected by Title 15 PAMC shall be allowed in addition to the base density calculated for the buildable area of the site per section 15.20.070(F) and section 15.24.070(F). Table 17.45.060 A - Minimum and Maximum allowable densities (inclusive of 2 unit bonus) Zone Minimum Density (Units Per Acre) Maximum Density (Units Per Acre) RS-7 4.84 8.22 RMD 8.22 14.44 RHD 14.44 40.56 Page 145 (Ord. 3294, 8/31/2007) 17.45.070 - Procedure for approval. The procedure for approval of an IOZ shall be composed of four steps: A. Conceptual plan submittal and neighborhood meeting. This step occurs before an application is accepted as complete by the City; B. Public hearing on the preliminary development plan and, if applicable, the preliminary plat and other permit actions. This step results in a recommendation by the Planning Commission to the City Council of an action to be taken on the proposal; C. Approval by the City Council at a public meeting of the preliminary development plan and other actions as applicable; and D. Action on the final development plan and plat by the City Council following a public hearing. Final approval may only be granted after all conditions of approval have been met or bonded for by the applicant. No lots may be offered for sale prior to preliminary plat approval by the City Council. (Ord. 3294, 8/31/2007) 17.45.080 - Pre-application review. Prior to applying for an IOZ, a developer shall submit a conceptual plan to the Department of Community and Economic Development (DCED). The conceptual plan will be reviewed for its general compliance with the intent, standards and provisions of this chapter and other City ordinances by the appropriate departments of the City, and written comments in regard to the plan will be furnished to the developer. The conceptual plan shall contain in sketch form all of the information required in section 17.45.090.E. and G. After the conceptual plan review and prior to accepting an IOZ application, the City shall require a neighborhood meeting. The neighborhood meeting shall be organized and sponsored by the project proponent. Neighbors within 300 feet of the proposed location shall be included in notification of the meeting. The purpose of the meeting will be to solicit information regarding design alternatives to minimize any adverse impacts from the IOZ and to alleviate community concerns. (Ord. 3294, 8/31/2007) 17.45.090 - Application procedure. The application for an IOZ shall contain the following: A. The name, location, and legal description of the proposed development, together with the names, addresses and telephone numbers of the recorded owners of the land and of the applicant and, if applicable, the names, addresses and telephone numbers of any land surveyor, architect, planner, designer, or engineer responsible for the preparation of the plan, and of any authorized representative of the applicant. B. A narrative explaining the proposed use or uses of the land and building, including the proposed number of dwelling units by type, such as single-family detached, row housing, and apartments; documentation of smart growth practices, infill, utilization of existing infrastructure, walkability, and orientation to transit; inclusion of attainable housing and mechanisms for perpetuity; information on any special features, conditions of which cannot be adequately shown on drawings; and an explanation of covenants, continuous maintenance provisions, and/or homeowners association for the project. Page 146 C. A survey of the property showing existing features, including contours at five-foot intervals, buildings, structures, streets, utility easements, rights-of-way, environmentally sensitive areas, and existing land uses. D. Preliminary site plans showing existing and proposed contours at five-foot intervals, location and dimensions of buildings, open space, recreation areas, parking areas, circulation, landscape areas, subdivision platting and general arrangement. E. Detailed site statistics including but not limited to: 1. Total site area in both acres and square feet; 2. Site coverage expressed in square feet and percentage of; a. Total footprint area of buildings for: i. Residential structures; ii. Non-residential structures; b. Roadway and sidewalk paved surfaces; c. Parking lot areas; d. Any areas paved with permeable paving systems; 3. Total area in lots; 4. Landscape plan showing: a. Common open space area, including any LID facilities (must be five percent of site); b. Detailed specifications of trees and landscaping on site; 5. Number and location of off-street parking; 6. Number of residential units proposed and approximate square footage; 7. Total number of lots being created; 8. Density of site expressed as residential units per acre. F. A preliminary plat, if applicable, pursuant to Chapter 58.17 RCW and Chapters 16.04 and 16.08 PAMC. G. If a developer elects to obtain additional density credits, the site plan application shall contain specific information relating to the additional density credit criteria of sections 15.20.070 and 15.24.070. H. Preliminary elevation and perspective drawings of project structures. I. A preliminary utilities plan, including fire hydrant locations. J. A preliminary storm drainage plan with calculation of impervious areas. K. An off-street parking plan and circulation plan showing all means of vehicular and pedestrian ingress and egress to and from the site; and size and location of driveways, streets, sidewalks, trails and parking spaces. Any new traffic control devices required for the safety of the project must be shown. L. Mailing labels of property owners within 300 feet of the proposed project pursuant to section 17.96.140 PAMC. (Ord. 3390 § 10, 1/30/2010; Ord. 3294, 8/31/2007) 17.45.100 - Routing and staff recommendations. Page 147 Upon receipt of an application satisfying the requirements of section 17.45.090, the Department of Community and Economic Development (DCED) shall route the same to all appropriate City Departments. Each department shall return recommendations and comments regarding the application to DCED. The Planning Division shall prepare a report to the Planning Commission summarizing the factors involved, the recommendations of other departments and the DCED including findings and conclusions. A copy of the report shall be mailed to the applicant and copies shall be made available, at cost, for use by any interested party. (Ord. 3294, 8/31/2007) 17.45.110 - Planning Commission public hearing—Scheduling and notice. Upon receipt of an application satisfying the requirements of section 17.45.090, the DCED shall schedule a public hearing before the Planning Commission. Public notice shall be given as provided in section 17.96.140. (Ord. 3294, 8/31/2007) 17.45.120 - Planning Commission recommendation—Preliminary development plans. Prior to making a recommendation on an application for a preliminary IOZ, the Planning Commission shall hold a public hearing. The Planning Commission's recommendation for approval, denial, or approval with modifications or conditions shall be forwarded to the City Council in written form based upon compliance with section 17.19.050 and the following criteria: A. The proposed development will comply with the policies of the comprehensive plan and further attainment of the objectives and goals of the comprehensive plan. B. The proposed development will, through the improved utilization of housing densities landscaping, and integrated circulation systems, create a residential environment of higher quality than that normally achieved by traditional development of a subdivision. C. The proposed development achieves smart growth goals and principles through infill, redevelopment, and establishment of a pedestrian and transit-friendly environment. D. The proposed development will be compatible with adjacent, existing and future developments. E. All necessary municipal utilities, services, and facilities, existing and proposed, are adequate to serve the proposed development. F. Internal streets serving the proposed development are adequate to serve anticipated traffic levels and the street system of the proposed development is functionally connected by an improved collector street to at least one improved arterial street. G. If the development is planned to occur in phases, each phase shall meet the requirements of a complete development. (Ord. 3294, 8/31/2007) 17.45.130 - City Council action—Preliminary development plans. The City Council shall consider the recommendation of the Planning Commission at a public meeting. The Council may approve, deny, or approve with modifications or conditions the submitted preliminary development plans. Approval shall be by Council action which incorporates the approved preliminary development plans by reference and shall include findings based upon sections 17.19.060 and 17.19.120. Page 148 (Ord. 3294, 8/31/2007) 17.45.140 - Final approval of Infill Overlay Zone (IOZ). Application for final approval of the IOZ shall be submitted to City Council within two years of preliminary development plan approval; provided that for phased IOZ's each phase shall have an additional one-year period for final approval; and provided further that an applicant may apply to the Planning Commission, and the Commission may approve, one or more one-year extensions as the Commission may deem appropriate. The site must be under one ownership prior to final approval by the City Council, and the application for final approval must be made by the owners of the entire site. The application shall include the following: A. A title report showing record ownership of the parcel or parcels upon which the IOZ is to be developed. B. Adequate assurance for the retention and continued maintenance of common open space, and on-site facilities. If development is to be done in phases, each phase must be identified and meet the requirements of this section. C. Adequate assurance for the retention and continued maintenance of environmentally sensitive areas and their buffers. If development is to be done in phases, each phase must meet the requirement of this section. D. Final development plans that shall be in compliance with the approved preliminary development plans. E. The final plat, if applicable, pursuant to Chapter 58.17 RCW and Chapters 16.04 and 16.08 PAMC. F. Development and phasing schedule. G. Bond or other form of security acceptable to the City in a sufficient amount to complete the project or submitted phase, as determined by the City. H. Covenants, conditions and restrictions and/or homeowners' association agreement. (Ord. 3517 § 7, 10/21/2014; Ord. 3294, 8/31/2007) 17.45.160 - City Council final action. The City Council shall review the application for final approval at a public hearing, notice of which shall be given as provided in section 17.96.140, and shall approve, deny, or approve with modifications the final development plan and, if applicable, the final plat. Approval of the final development plan shall be by ordinance and a copy of the final IOZ shall be filed with and made a part of said ordinance. The zoning map shall be amended to indicate the extent of the approved IOZ, and all future development of the site shall be in conformance with the approved IOZ. (Ord. 3294, 8/31/2007) 17.45.170 - Building permits. The Building Division shall issue building permits for buildings and structures that conform with the approved final development plans for the IOZ and with all other applicable City and state ordinances and regulations. The Building Division shall issue a certificate of occupancy for completed non residential buildings or structures that conform to requirements of the approved final development plans and all other applicable City and state ordinances and regulations for such occupancies. The construction and development of all common usable open spaces, including recreational facilities, and other public Page 149 improvements of each project phase must be completed before any certificates of occupancy will be issued except when bonds or other acceptable forms of security are deposited assuring the completion of such facilities within six months of approval of final IOZ. (Ord. 3294, 8/31/2007) 17.45.180 - Modifications after final approval. The final approval shall be binding upon the development. Design variations from the plan must be submitted to the Planning Commission and City Council for approval and amendment of the ordinance, except for minor changes, as follows: The DCED is authorized to allow minor adjustments in the development schedule, location, placement, height, or dimension of buildings and structures, not to exceed an alteration of ten percent in height or ten feet in any other direction, when such minor changes and alterations are required by engineering and other circumstances not foreseen or reasonably foreseeable at the time of approval of the final development plans; except that such adjustments shall not increase the total amount of floor space authorized in the approved final IOZ, or the number of dwelling units or density, or decrease the amount of parking or loading facilities, or permit buildings to locate closer to the closest boundary line, or decrease the amount of open space, or decrease the recreation facilities, or change any points of ingress or egress to the site, or extend the development schedule for not more than 12 months. (Ord. 3294, 8/31/2007) CHAPTER 17.50 - ADULT ENTERTAINMENT USES 17.50.010 - Purpose. The purpose of this chapter is to ensure that adult entertainment businesses are appropriately located and operated within the City of Port Angeles, are compatible with uses allowed within the City, and are conducive to the public health, safety and welfare. (Ord. 3059 § 3 (part), 7/28/2000) 17.50.020 - Definitions. A. "Adult entertainment business" includes any premises operated as a commercial enterprise, where any live exhibition or dance of any type is conducted, which exhibition or dance involves a person that is unclothed or in such attire, costume, or clothing as to expose to view any portion of the female breast below the top of the areola and/or any portion of the genital region. B. "Commercial zones" includes the Commercial, Office (CO) Zone, the Commercial, Neighborhood (CN) Zone, the Community Shopping District (CSD) Zone, the Commercial, Arterial (CA) Zone, and the Central Business District (CBD) Zone. C. "Industrial zones" includes the Industrial Park (1P) Zone, the Industrial, Light (IL) Zone, and the Industrial, Heavy (IH) Zone. D. "Obscene" means having such quality or being of such nature that, if taken as a whole by an average person applying contemporary community standards, would appeal to a prurient interest in sex, would depict patently offensive representations of sexual acts or lewd behavior, and would lack serious literary, artistic, political, or scientific value. Page 150 E. "Residential Zone" includes the Residential, Single-family (RS-7 and RS-9) Zones, the Residential Trailer Park (RTP) Zone, the Residential, Medium Density (RMD) Zone, and the Residential, High Density (RHD) Zone. (Ord. 3059 § 3 (part), 7/28/2000) 17.50.030 - Location requirements. A. Adult entertainment businesses shall be prohibited in all residential and commercial zones. B. Adult entertainment businesses shall be permitted in industrial zones, if the adult entertainment business is located no closer than 500 feet from another adult entertainment business, whether such business is located within or outside the City limits, no closer than 500 feet from any residential zone, whether such zone is located within or outside the City limits, and no closer than 500 feet from any of the following uses, whether such uses are located within or outside the City limits: 1. Public park, including public recreation trail; 2. Public library; 3. Child day-care center, preschool, or nursery school; 4. Public or private primary or secondary school (grades K—12); and 5. Church, provided that, for the purpose of this chapter, "church" shall mean a building erected for and used exclusively for religious worship and schooling or other activity in connection therewith. C. If, after the adoption of this chapter, a public park or library, child day-care facility, a school or church should chose to locate in a zone that authorizes adult entertainment businesses, it shall do so at its own risk and without the protection of the separation requirements of this chapter. D. The distances provided in this section shall be measured by the shortest pedestrian route following improved public rights-of-way from the nearest point of the property parcel upon which an adult entertainment business is to be located to the nearest point of a property parcel of a use or zone from which an adult entertainment business is to be separated. (Ord. 3059 § 3 (part), 7/28/2000) 17.50.040 - Signs. All signs shall be in compliance with the regulations for such signs as set forth in Chapter 14.36 Sign Cod e Requirements for the applicable zone; provided that such signs shall not contain any obscene language or other form of obscene communication. (Ord. 3123 § 23, 10/11/2002; Ord. 3059 § 3 (part), 7/28/2000) 17.50.050 - Exceptions. This chapter shall not be construed to prohibit the following: A. Plays, operas, musicals, or other dramatic works which are not obscene. B. Classes, seminars, and lectures held for serious scientific or educational purposes. C. Exhibitions or dances which are not obscene. D. Political performances and presentations which are not obscene. Page 151 (Ord. 3059 § 3 (part), 7/28/2000) CHAPTER 17.52 - WIRELESS TELECOMMUNICATIONS TOWERS AND FACILITIES 17.52.010 - Findings. A. The Communications Act of 1934 as amended by the Telecommunication Act of 1996 ("the Act") grants the Federal Communications Commission (FCC) exclusive jurisdiction over: 1. The regulation of the environmental effects of radio frequency (RF) emissions from telecommunications facilities; and 2. The regulation of radio signal interference among users of the RF spectrum. B. The City's regulation of wireless telecommunications towers and facilities in the City will not have the effect of prohibiting any person from providing wireless telecommunications services in violation of the Act. (Ord. 3089 § 1 (part), 6/29/2001) 17.52.015 - Purposes. A. The general purpose of this ordinance is to regulate the placement, construction, and modification of wireless telecommunications towers and facilities in order to protect the health, safety, and welfare of the public, while at the same time encouraging the development of the competitive wireless telecommunications marketplace in the City. B. The specific purposes of this ordinance are: 1. To allow the location of wireless telecommunication towers and facilities in the City; 2. To protect residential zones from potential adverse impact of towers and telecommunications facilities; 3. To minimize adverse visual impact of towers and telecommunications facilities through careful design, siting, landscaping, and innovative camouflaging techniques: 4. To promote and encourage shared use/co-location of towers and antenna support structures as a primary option rather than construction of additional single-use towers; 5. To promote and encourage utilization of technological designs that will either eliminate or reduce the need for erection of new tower structures to support antenna and telecommunications facilities; 6. To avoid potential damage to property caused by towers and telecommunications facilities by ensuring such structures are soundly and carefully designed, constructed, modified, maintained, and removed when no longer used or are determined to be structurally unsound; and 7. To ensure that towers and telecommunications facilities are compatible with surrounding land uses. 8. To overcome the potential adverse impacts that poorly or unregulated telecommunications facilities could have on the public health, safety and welfare. (Ord. 3089 § 1 (part), 6/29/2001) Page 152 17.52.020 - Exemptions. The following shall be considered exempt structures or activities under this chapter: A. Parabolic or other similar antenna 39.37 inches (one meter or less) diameter or less regardless of zone. B. Parabolic or other similar antennas 78.74 inches (two meters) in diameter or less located in nonresidential zones. C. Panel, wave, or other similar antennas ten square feet or less regardless of zone. D. Whip or other similar antennas six feet in height and up to two inches in diameter. E. Antennas designed to receive local television broadcast signals regardless of zone category. F. Low-powered networked telecommunications facilities such as microcell radio transceivers located on existing utility poles and light standards within public right-of-way. Low-powered, networked telecommunications facilities shall comply with Chapter 11.14 PAMC. G. Send and receive citizen band radio antennas or antennas operated by federally licensed amateur ("ham") radio operators. H. Industrial, scientific and medical equipment using frequencies regulated by the FCC. I. Military, federal, state and local government communication towers used for navigational purposes, emergency preparedness, and public safety purposes. J. Normal, routine, and emergency maintenance and repair of existing wireless communications facilities and related equipment which do not increase the size, footprint, or bulk of such facilities and which otherwise comply with City, State, and Federal Law and Regulations. K. Cell on wheels (COW), which are permitted as temporary testing uses in nonresidential areas of the City for a period not to exceed 30 days, or in residential areas for a period not to exceed one day, or during a period of emergency as declared by the City. (Ord. 3089 § 1 (part), 6/29/2001) 17.52.025 - Development of towers. A. Towers may be located in any zone with approval of an unclassified use permit (UUP). Co-location shall be given first priority and may be required. The use of public properties shall be subject to approval by the City and the City's determination that the public's intended use of the site will not be unreasonably hindered. Application for an unclassified use permit shall be made to the Department of Community and Economic Development in the manner provided in this chapter. An application to locate a new tower shall be accompanied by technical information identifying and documenting the need for such a location per section 17.52.025C PAMC. B. Towers may not exceed the maximum height allowed for structures in any residential zone unless a modification has been approved per section 17.52.085 PAMC. Towers shall be permitted to a height of 60 feet in commercial zones except in the Central Business District zone where the maximum height allowed shall be 45 feet. In industrial, public buildings and parks, and forest lands zones, towers shall be permitted to a height of 60 feet, and towers may be permitted in excess of 60 feet to a height of 120 feet in accordance with a modification approved per section 17.52.085 PAMC. C. An application to develop a new tower shall be by unclassified use permit and shall include the following information: 1. The name, address, and telephone number of the owner and lessee of the parcel of land upon which the proposed tower is to be situated. If the applicant is not the owner of the parcel of land upon which the proposed tower is to be situated, the written consent of the owner shall be Page 153 evidenced in the application. If the applicant is not the owner of the property, a copy of the preliminary lease agreement is required to be provided with the application. A copy of the final agreement shall be submitted prior to issuance of a building permit for the structure. 2. The legal description, parcel number, and address of the parcel of land upon which the proposed tower is to be situated. 3. The names, addresses, and telephone numbers of all owners of other towers or antenna support structures, capable of supporting the applicant's telecommunications facilities, within 300 feet of the proposed tower site, including City-owned property. 4. A description of the design plan proposed by the applicant in the City. Applicant must identify whether or not it is utilizing the most compact, or least obtrusive, technological design, including microcell design, as part of the design plan. The applicant must demonstrate the need for the proposed tower and why design alternatives, such as the use of microcell, cannot be utilized to accomplish the provision of the applicant's telecommunications services. 5. An affidavit shall be submitted attesting to the fact that the applicant made diligent efforts to obtain permission to install or co-locate the proposed telecommunications facilities on existing towers or antenna support structures located within a one-half mile radius of the proposed tower site, but, due to physical, economic, or technological constraints, no such existing tower or antenna support structure is available or feasible. 6. Written technical evidence from an engineer(s) of the tower's capability of supporting additional telecommunications facilities comparable in weight, size, and surface area to the telecommunications facilities installed by the applicant on the proposed tower. 7. A written statement from an engineer(s) that the construction and placement of the proposed tower and telecommunications facilities will not interfere with public safety communications and the usual and customary transmission or reception of radio, television, or other communications services enjoyed by adjacent residential and non-residential properties. 8. It shall be a condition of the UUP approval that certification by the applicant will meet the standards set forth in section 17.52.035, "Structural Requirements." 9. A written statement by the applicant stating the tower and telecommunications facilities will comply with all FAA regulations and EIA Standards and all other applicable federal, state and local laws and regulations. 10. A written statement by the applicant that the tower will accommodate co-location of additional antennas for future users at a reasonable, market-based cost. If accommodation of future co- location is not proposed, information must be submitted with the application detailing why future co-location is not possible. 11. In order to assist the Department of Community and Economic Development and Planning Commission in evaluating visual impact, the applicant shall submit color photo-simulations showing the proposed site with a photo-realistic representation of the proposed tower and telecommunications facilities as it would appear viewed from the closest residential property and from adjacent roadways. 12. The City may require a qualified, independent third-party review (by a City-approved consultant) to validate and review the technical information contained in the application submittals. The cost of such review shall be borne by the applicant. 13. The Act gives the FCC sole jurisdiction of the regulation of RF emissions and does not allow the City to condition or deny on the basis of RF impacts the approval of any telecommunications facilities (whether mounted on towers or antenna support structures) which meet FCC standards. In order to provide information to its citizens, the City shall make available upon request copies of ongoing FCC information and RF emission standards for telecommunications facilities transmitting from towers or antenna support structures. Applicants shall be required to submit Page 154 information on the proposed power density of their proposed telecommunications facilities and demonstrate how this meets FCC standards. 14. At the time of site selection, the applicant shall demonstrate how the proposed site fits into its overall telecommunications network within the City. This shall include a service area coverage chart for the proposed tower and telecommunications facilities that depicts the extent of coverage and corresponding signal quality at the proposed tower height and at least one height lower than that proposed. 15. A preliminary construction schedule and completion date. 16. Copies of any environmental documents required by any federal, state, or local agency, if available. These shall include the environmental assessment required by FCC Para. 1.1307, or, in the event that a FCC environmental assessment is not required, a statement that describes the specific factors that obviate the requirement for an environmental assessment. 17. A full site plan shall be required for all towers, showing the location, the specific placement of the tower on the site, the type and height of the proposed tower, on-site land uses and zoning, adjacent land uses and zoning, adjacent roadways, proposed means of access, setbacks from property lines, elevation drawings of the proposed facility, the location of existing structures, trees, and other significant site features, the type and location of plant materials used to screen the facility, fencing, proposed color(s), and any other proposed structures. 18. Applicants for new communications towers shall contact all law enforcement, fire, and other public safety and emergency services agencies within the City prior to application submittal to determine whether or not the agencies are interested in co-location and, if so, what the agencies specifications are. If any such agency decides to co-locate, then any new towers approved under this chapter shall be designed for, and the owner shall not deny, co-location. D. The City shall review applications in a prompt manner and all decisions shall be made in writing and setting forth the reasons for approval or denial. E. Decisions on unclassified use permits require a public hearing. The public hearing shall be conducted before the Planning Commission following which the Planning Commission shall render a decision supported by findings of fact and conclusions of law. Appeal of the Planning Commission's decision must be submitted within 14 days to the Department of Community and Economic Development for consideration by the City Council. (Ord. 3089 § 1 (part), 6/29/2001) 17.52.030 - Setbacks. A. Setback requirements for towers shall be measured from the base of the tower to the property line of the parcel of land on which it is located. B. Setback requirements may be modified, as provided in section 17.52.085 PAMC, when placement of a tower in a location which will reduce the visual impact can be accomplished. For example, adjacent to trees, which may visually hide the tower. C. Unless exempt from section 17.52.020 PAMC, telecommunications facilities shall be setback at least 25 feet from each lot line. The Community and Economic Development Director may grant a waiver of up to 25 percent of the setback requirement if it is determined that significant trees and other vegetation will be retained by reducing the setback. D. Towers in excess of 60 feet in height shall be set back one additional foot per each foot of tower height in excess of 60 feet. (Ord. 3089 § 1 (part), 6/29/2001) Page 155 17.52.035 - Structural requirements. It shall be a condition of the unclassified use permit (UUP) that all towers must be designed and certified by an engineer to be structurally sound and, at a minimum, in conformance with the Building Code and any other standards set forth in this chapter. All towers shall be fixed to land. (Ord. 3089 § 1 (part), 6/29/2001) 17.52.040 - Separation or buffer requirements. For the purpose of this section, the separation distances between towers shall be measured by drawing or following a straight line between the base of the existing or approved structure and the proposed base, pursuant to a site plan of the proposed tower. The minimum tower separation distances from residentially zoned land and from other towers shall be calculated and applied irrespective of City jurisdictional boundaries. A. Proposed towers must meet the following minimum separation requirements from existing towers or towers which have a development permit but are not yet constructed at the time a development permit is granted pursuant to the Zoning Code: 1. Monopole tower structures shall be separated from other telecommunications towers by a minimum of 750 feet. 2. Self-supporting lattice or guyed tower structures shall be separated from other telecommunications towers by a minimum of 1,500 feet. B. Tower separation distances from any property that is zoned residential shall be set back one foot for each foot of tower height. C. Separation or buffer requirements may be modified as provided in section 17.52.085 PAMC. (Ord. 3089 § 1 (part), 6/29/2001) 17.52.045 - Method of determining tower height. Measurement of tower height for the purpose of determining compliance with all requirements of this section shall include the tower structure itself, the base pad, and any other telecommunications facilities attached thereto which extend more than 20 feet over the top of the tower structure itself. Tower height shall be measured from average grade. (Ord. 3089 § 1 (part), 6/29/2001) 17.52.050 - Illumination. Towers shall not be artificially lighted except as specified by the Federal Aviation Administration (FAA). Upon commencement of construction of a tower, in cases where there are residential uses located within a distance from the tower which is three times the height of the tower from the tower and when required by federal law, dual mode lighting shall be requested from the FAA. (Ord. 3089 § 1 (part), 6/29/2001) 17.52.055 - Exterior finish. Page 156 Towers not requiring FAA painting or marking shall have an exterior finish which enhances compatibility with adjacent land uses, as approved by the Planning Commission. (Ord. 3089 § 1 (part), 6/29/2001) 17.52.060 - Landscaping/stealth design. All landscaping on a parcel of land containing towers, antenna support structures, or telecommunications facilities shall be in accordance with the applicable landscaping requirements in the zoning district where the tower, antenna support structure, or telecommunications facilities are located. The City may require on- site landscaping in excess of the requirements in the Zoning Code in order to enhance compatibility with adjacent land uses. Tower development shall preserve the pre-existing character of the site as much as possible. Towers and accessory equipment structures (equipment shelters and cabinets) shall be integrated through location, design, and color to blend in with the existing site characteristics to the extent practical. Existing vegetation around the facility shall be preserved to the extent possible or improved upon to provide vegetative screening. The perimeter of a wireless communication support structure and any guyed wires/anchors shall be enclosed by a fence or wall at least six feet in height. Evergreen trees shall be planted surrounding the support structure in a manner approved by the Community and Economic Development Director. In the RS- 7 and RS-9 zones, the monopole or lattice tower must be screened by existing vegetation when possible. Additional screening may be required to mitigate visual impacts to adjacent properties or public rights-of- way as determined by site-specific conditions. (Ord. 3089 § 1 (part), 6/29/2001) 17.52.065 - Telecommunications facilities on towers and antenna support structures. Telecommunications facilities may be permitted on any tower or antenna support structure. Application for a conditional use permit shall be made to the Department of Community and Economic Development in the manner provided in this chapter for telecommunications facilities that are not exempt per section 17.52.020 PAMC. The applicant shall, by written certification to the Department of Community and Economic Development, establish the following at the time plans are submitted for a building permit: A. A conditional use permit application to develop telecommunications facilities shall include the following: 1. The name, address and telephone number of the owner and lessee of the parcel of land upon which the tower or antenna support structure is situated. If the applicant is not the owner of the parcel of land upon which the tower or antenna support structure is situated, the written consent of the owner shall be evidenced in the application. 2. The legal description, parcel number and address of the parcel of land upon which the tower or antenna support structure is situated. 3. A description of the design plan proposed by the applicant. The applicant must identify whether or not it is utilizing the most compact, or least obtrusive, technological design, including microcell design, as part of the design plan. 4. A written statement from an engineer(s) that the construction and placement of the telecommunications facilities will not interfere with public safety communications and the usual and customary transmission or reception of radio, television, or other communications services enjoyed by adjacent residential and nonresidential properties. Page 157 5. It shall be a condition of any conditional use permit approval that the applicant shall provide certification that the proposed structure will meet the standards set forth in section 17.52.035 PAMC. 6. A written statement by the applicant stating the telecommunications facilities will comply with all FAA regulations and EIA standards and all other applicable federal, state and local laws and regulations. 7. In order to assist the Department of Community and Economic Development and Planning Commission in evaluating visual impact, the applicant shall submit color photo-simulations showing the tower or antenna support structure with a photo-realistic representation of the proposed telecommunications facilities, as it would appear viewed from the closest residential property and from adjacent roadways. 8. At the request of the Department of Community and Economic Development, the City may require a qualified, independent third-party review (by a City-approved consultant) to validate and review the technical information contained in the application submittals. The cost of such review shall be borne by the applicant. 9. The Act gives the FCC sole jurisdiction of the regulation of RF emissions and does not allow the City to condition or deny on the basis of RF Impacts the approval of any telecommunications facilities (whether mounted on towers or antenna support structures) which meet FCC standards. In order to provide information to its citizens, the City shall make available upon request copies of ongoing FCC information and RF emission standards for telecommunications facilities transmitting from towers or antenna support structures. Applicants shall be required to submit information on the proposed power density of their proposed telecommunications facilities and demonstrate how this meets FCC standards. 10. A preliminary construction schedule and completion date. 11. Copies of any environmental documents required by any federal agency, if available. These shall include the environmental assessment required by FCC Para. 1.1307, or, in the event that a FCC environmental assessment is not required, a statement that describes the specific factors that obviate the requirement for an environmental assessment. 12. A full site plan shall be required for all sites, showing the location, the specific placement, type and height of the proposed telecommunications facilities, on-site land uses and zoning, adjacent land uses and zoning, adjacent roadways, proposed means of access, setbacks from property lines, elevation drawings of the proposed telecommunications facilities, the location of existing towers and antenna support structures, trees, and other significant site features, the type and location of plant materials used to screen the facility, fencing, proposed color(s), and any other proposed structures. B. Telecommunications facilities that are not appurtenant structures and that are located above the top of the antenna support structure shall be appropriately screened from view through the use of panels, walls, fences, setbacks from the edge of the antenna support structure or other screening techniques approved by the City. Screening requirements shall not apply to stealth antennas that are mounted below the top of the antenna support structure but which do not protrude more than 18 inches from the side of such an antenna support structure. (Ord. 3089 § 1 (part), 6/29/2001) 17.52.070 - Modification of existing towers. A. A tower existing prior to the effective date of this ordinance, which was in compliance with the City's zoning regulations immediately prior to the effective date of this ordinance, may continue in existence as a nonconforming structure. Such nonconforming structures may be modified, provided that: Page 158 1. The tower is being modified for the sole purpose of accommodating, within six months of the completion of the modification, additional telecommunications facilities comparable in size to the discrete operating telecommunications facilities of any person currently installed on the tower and with a surface area not to exceed the previous facilities. 2. An application for a development permit is made to the Department of Community and Economic Development which shall have the authority to issue a development permit without further approval. The grant of a development permit pursuant to this section allowing the modification or demolition and rebuild of an existing nonconforming tower shall not be considered a determination that the modified or demolished and rebuilt tower is conforming. 3. The height of the modified tower and telecommunications facilities attached thereto does not exceed the existing height of the tower and facilities as of the date of this ordinance or as hereafter amended, whichever is higher. B. Except as provided in this section, a nonconforming structure or use may not be enlarged, increased in size, or discontinued in use for a period of more than 180 days without being brought into compliance with this chapter. This chapter shall not be interpreted to legalize any structure or use existing at the time this ordinance is adopted which structure or use is in violation of the Zoning Code prior to enactment of this ordinance. (Ord. 3517 § 8, 10/21/2014; Ord. 3089 § 1 (part), 6/29/2001) 17.52.075 - Certification and inspections. A. All towers shall be certified by an engineer to be structurally sound and in conformance with the requirements of the Building Code and all other construction standards set forth by the Port Angeles Municipal Code and federal and state law. For new towers, such certification shall be submitted with an application pursuant to section "development of towers" of this chapter. B. The City or its agents shall have authority to enter onto the property upon which a tower is located, to inspect the tower for the purpose of determining whether it complies with the Building Code and all other construction standards provided by the Port Angeles Municipal Code and federal and state law. C. The City reserves the right to conduct such inspections at any time, upon reasonable notice to the tower owner. (Ord. 3089 § 1 (part), 6/29/2001) 17.52.080 - Maintenance. A. Tower owners shall at all times employ ordinary and reasonable care and shall install and maintain in use nothing less than commonly accepted methods and devices for preventing failures and accidents which are likely to cause damage, injuries, or nuisances to the public. B. Tower owners shall install and maintain towers, telecommunications facilities, wires, cables, fixtures, and other equipment in substantial compliance with the requirements of the National Electric Safety Code and all FCC, state and local regulations, and in such manner that will not interfere with the use of other property. C. All towers, telecommunications facilities, and antenna support structures shall at all times be kept and maintained in good condition, order and repair so that the same shall not menace or endanger the life or property of any person. D. All maintenance or construction of towers, telecommunications facilities, or antenna support structures shall be performed by licensed construction personnel. E. All towers shall maintain compliance with current RF emission standards of the FCC. Page 159 F. In the event that the use of a tower is discontinued by the tower owner, the tower owner shall provide written notice to the City of its intent to discontinue use and the date when the use shall be discontinued. (Ord. 3089 § 1 (part), 6/29/2001) 17.52.085 - Modification of development standards. A. Notwithstanding the tower requirements provided in this chapter, a modification to the development standards may be approved by the Planning Commission as an unclassified use in accordance with the following: 1. In addition to the requirement for a tower application, the application for modification shall include the following: a. A description of how the proposed plan addresses any adverse impact that might occur as a result of approving the modification. b. A description of off-site or on-site factors which mitigate any adverse impacts which might occur as a result of the proposed modification. c. A technical study that documents and supports the criteria submitted by the applicant upon which the request for modification is based. The technical study shall be certified by an engineer and shall document the existence of the facts related to the proposed modifications and its relationship to surrounding rights-of-way and properties. d. For a modification of the setback requirement, the application shall identify all parcels of land where the proposed tower could be located, attempts by the applicant to contract and negotiate an agreement for co-location, and the result of such attempts. e. The Department of Community and Economic Development may require the application to be reviewed by a qualified, independent engineer under contract to the City to determine whether the antenna study supports the basis for the modification requested. The cost of review by the engineer shall be reimbursed to the City by the applicant. 2. The Planning Commission shall consider the application for modification based on the following criteria: a. That the tower as modified will be compatible with and not adversely impact public health and safety of surrounding areas. b. Off-site or on-site conditions exist which mitigate the adverse impacts, if any, created by the modification. c. In addition, the Planning Commission may include conditions on the site where the tower is to be located if such conditions are necessary to mitigate any adverse impacts which arise in connection with the approval of the modification. B. In addition to the requirements of subsection A. of this section, in the following cases, the applicant must also demonstrate, with written evidence, the following: 1. In the case of a requested modification to the setback requirement, section 17.52.030 PAMC, that the setback requirement cannot be met on the parcel of land upon which the tower is proposed to be located and the alternative for the applicant is to locate the tower at another site which is closer in proximity to a residentially zoned land. 2. In the case of a request for modification of the separation and buffer requirements of section 17.52.040 PAMC, that written technical evidence from an engineer(s) demonstrates that the proposed tower must be located at the proposed site in order to meet the coverage requirements of the applicant's wireless communications system, and that the applicant is willing to create approved landscaping and other buffers to screen the tower. Page 160 3. In the case of a request for modification of the height limit for towers or to the minimum height requirements for antenna support structures, that the modification is necessary to: (i) facilitate co- location of telecommunications facilities in order to avoid construction of a new tower; or (ii) to meet the coverage requirements of the applicant's wireless communications system, which requirements must be documented with written, technical evidence from an engineer(s) that demonstrates that the height of the proposed tower is the minimum height required to function satisfactorily, and no tower that is taller than 120 feet shall be approved in any case. (Ord. 3089 § 1 (part), 6/29/2001) 17.52.090 - Abandonment. A. If any tower shall cease to be used for a period of 365 consecutive days, the Department of Community and Economic Development shall notify the owner, with a copy to the applicant, that the site will be subject to a determination by the Planning Commission that such site has been abandoned. The owner shall have 30 days from receipt of said notice to show, by a preponderance of the evidence, that the tower has been in use or under repair during the period. If the owner fails to show that the tower has been in use or under repair during the period, the City Council shall issue a final determination of abandonment for the site. Upon issuance of the final determination of abandonment, the owner shall, within 75 days, dismantle and remove the tower. B. To secure the obligation set forth in this section, the applicant (and/or owner) shall post a performance bond for the purpose of ensuring adequate removal of the tower upon termination of its use. The performance bond shall be equal to or greater than 150 percent of the estimated cost of removal of the tower, but not less than $1,000.00. Proof of performance bonds shall be submitted prior to final permit approval. (Ord. 3089 § 1 (part), 6/29/2001) 17.52.095 - Temporary wireless service facility. The use of a temporary wireless service facility may be permitted for up to six months by the Community and Economic Development Director. A temporary wireless service facility is the use of equipment such as a COW or an antenna on a bucket truck, crane, or other device capable of reaching the height necessary to evaluate the site for placement of a personal wireless facility. Such temporary facility may only be utilized on a short-term basis for the purpose of evaluating the technical feasibility of a particular location for placement of a personal wireless facility or for providing communications during an emergency. (Ord. 3089 § 1 (part), 6/29/2001) CHAPTER 17.94 - GENERAL PROVISIONS, CONDITIONS AND EXCEPTIONS 17.94.010 - Foregoing regulations subject to this chapter. The foregoing regulations pertaining to the several zones shall be subject to the general provisions, conditions, and exceptions contained in this chapter. (Ord. 2668 § 10 (part), 1/17/1992; Ord. 2238 § 1, 1/3/1983; Ord. 1709 § 1 (part), 12/22/1970) 17.94.020 - Lot area not to be reduced, exceptions. Page 161 A. No lot area shall be so reduced or diminished that the lot area, lot width, yards or other unobstructed spaces shall be less than prescribed by these regulations for the zone in which it is located, nor shall the residential density be increased in any manner except in conformity with the regulations. B. For the purpose of encouraging the construction of off-street parking space under or within buildings rather than in rear, side or front yards, the following exceptions to minimum lot areas shall be permitted: For each ten-foot by 20-foot area to be permanently reserved and used for a parking space under or within a building, a lot area credit of 300 square feet shall be permitted. Said lot area credit can be deducted from the required minimum lot area, or can be used to increase a proportional number of permitted dwelling units in motels and multi-family structures. Said lot area credit, however, shall not apply to the reduction of any building line setbacks. (Ord. 2861 § 1 (part), 3/17/1995; Ord. 2668 § 10 (part), 1/17/1992; Ord. 2666 § 8 (part), 1/17/1992; Ord. 2238 § 2, 1/3/1983; Ord. 1709 § 1 (part), 12/22/1970) 17.94.030 - Use of lots or parcels containing more than minimum required lot area. When a lot contains substantially two or more times the minimum lot area required for the zone in which it is located, and the owner desires to use each unit of area equivalent to the minimum lot area as a separate building site, provided not more than four such units result, and no dedication of streets, alleys, or other public ways, public easements or public utility easements are involved, such area units may be so utilized by resorting to the split lot procedures as prescribed in the subdivision code. W hen such units are thus defined, then all of the provisions of these regulations governing the use of a lot in the zone in which such property is located shall apply thereto. Each resulting unit shall be required to have frontage upon a dedicated public street or road. (Ord. 3272, 2/16/2007; Ord. 2668 § 10 (part), 1/17/1992; Ord. 2238 § 3, 1/3/1983; Ord. 1709 § 1 (part), 12/22/1970) 17.94.040 - Measurement of front and side yards. Front yard requirements shall be measured from the front property line. Side yards abutting a street or alley shall be measured from the property line that abuts the right-of-way line. (Ord. 2668 § 10 (part), 1/17/1992; Ord. 2238 § 5, 1/3/1983; Ord. 1709 § 1 (part), 12/22/1970) 17.94.060 - Yard requirements for property abutting half-streets or streets designated by an official control. A. A building or structure shall not be erected on a lot that abuts a street having only a portion of its required width dedicated and where no part of such dedication would normally revert to said lot if the street were vacated, unless the yards provided and maintained in connection with such building or structure have a width or depth of that portion of the lot needed to complete the road width plus the width or depth of the yards required on the lot by these regulations. B. This section applies to all zones. C. Where an official control adopted pursuant to law includes plans for widening of existing streets, the connecting of existing streets, or the establishment of new streets, the placement of buildings and the maintenance of yards, where required by these regulations, shall relate to the future street boundaries as determined by said official control. Page 162 (Ord. 3272, 2/16/2007; Ord. 2668 § 10 (part), 1/17/1992; Ord. 2238 § 7, 1/3/1983; Ord. 1709 § 1 (part), 12/22/1970) 17.94.070 - Exception to yard requirement. When the side lot line of a lot in any zone adjoins the side lot line of a lot in a more restrictive zone, the adjoining side yard for such lot shall not be less than the minimum side yard required in the more restrictive zone. (Ord. 3272, 2/16/2007; Ord. 2668 § 10 (part), 1/17/1992; Ord. 2238 § 8, 1/3/1983; Ord. 1709 § 1 (part), 12/22/1970) 17.94.080 - Yard and unobstructed space regulations. Except as provided in this chapter, every required yard and unobstructed space shall be open and unobstructed from the ground to the sky. No yard or unobstructed space provided around any building for the purpose of complying with the provisions of these Regulations shall be considered as providing a yard or unobstructed space on an adjoining lot or parcel whereon a building is to be erected. (Ord. 2861 § 1 (part), 3/17/1995; Ord. 2668 § 10 (part), 1/17/1992; Ord. 2238 § 9, 1/3/1983; Ord. 1709 § 1 (part), 12/22/1970) 17.94.090 - Vision clearance. All corner and reverse corner lots shall maintain a triangular area within which no tree, fence, shrub, wall or other physical obstruction shall be permitted higher than 30 inches above the established grade for vision safety purposes. Said triangular area shall be measured as follows: A. Street intersections. At any intersection of two street rights-of-way, two sides of said triangular area shall extend 20 feet along both right-of-way lines, measured from their point of intersection. B. Street and alley intersections. At any intersection of street and alley rights-of-way, two sides of said triangular area shall extend ten feet along both rights-of-way, measured from their point of intersection. C. Street and driveway intersections. At any intersection of a street right-of-way and a driveway, the sides of each required triangular area shall extend ten feet along the street right-of-way line and 20 feet along the edge of the driveway, measured from the point of intersection of each side of the driveway and the street right-of-way line. (Ord. 3272, 2/16/2007; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2668 § 10 (part), 1/17/1992; Ord. 2238 § 10, 1/3/1983; Ord. 1709 § 1 (part), 12/22/1970) 17.94.100 - Driveways. Width, location, and number of curb-cuts for driveways per lot shall be determined by standards designed by the City's Department of Public Works and Utilities as specified in the City of Port Angeles Urban Services Standards and Guidelines manual. (Ord. 3272, 2/16/2007; Ord. 2668 § 10 (part), 1/17/1992; Ord. 2238 § 11, 1/3/1983; Ord. 1709 § 1 (part), 12/22/1970) Page 163 17.94.120 - Permitted intrusions into required yards. The following intrusions may project into any required yards: A. Fireplace structures not wider than eight feet measured in the general direction of the wall of which it is a part and exterior residential elevators not greater than three feet in depth nor wider than eight feet measured in the general direction of the wall of which it is a part. B. Unenclosed, uncovered porches, terraces, or landings, when not extending above the first floor of the building, may extend not more than six feet into the front yard setback, eight feet into the rear yard setback and three feet into the side yard setback. Open railing or grillwork in conformance with the International Building Code may be constructed around any such porch, terrace or landing. C. Planting boxes or masonry planters not exceeding 30 inches in height may extend a maximum of three feet into any required front yard. D. Porches, decks, platforms, walks, driveways, etc., not more than 30 inches above grade. E. Eaves with a maximum overhang of 30 inches. F. Detached accessory buildings within the rear one-third of a lot are permitted not closer than three feet to side nor ten feet to rear property lines or alleys. (Ord. No. 3441, § 10, 11-15-2011; Ord. 3272, 2/16/2007; Ord. 2668 § 10 (part), 1/17/1992; Ord. 2636 § 15, 5/15/1991; Ord. 2488 § 1 (part), 5/27/1988; Ord. 2238 § 13, 1/3/1983; Ord. 1709 § 1 (part), 12/22/1970) 17.94.130 - Lot coverage exemptions. The following shall be exempt from the maximum lot coverage requirements of any zone: A. Sidewalks, driveways, and uncovered off-street parking spaces. B. The first 30 inches of eaves. C. Uncovered swimming pools and hot tubs. D. Uncovered, unenclosed decks and platforms not more than 30 inches above grade. E. Systems that allow the infiltration of stormwater into the underlying soils, such as permeable pavement and bioretention facilities, are not counted against lot coverage calculations. 1. On-site infiltration methods shall be evaluated individually by the Public Works and Utilities Department for effectiveness of reducing impact from stormwater. Applicants applying this exemption will be required to provide an operations and maintenance plan for approval. 2. All applicants seeking exemptions under this subsection are required to provide documentation from a certified engineer demonstrating the appropriateness of site conditions for use of pervious systems and participate in a pre-application project review meeting with City staff. (Ord. 3343 § 9, 1/1/2009; Ord. 3272, 2/16/2007; Ord. 2668 § 10 (part), 1/17/1992; Ord. 2488 § 1 (part), 5/27/1988; Ord. 2238 § 14, 1/3/1983; Ord. 1709 § 1 (part), 12/22/1970) 17.94.135 - Site coverage exemptions. The following shall be exempt from the maximum site coverage requirements of any zone: Page 164 A. Systems that allow the infiltration of stormwater into the underlying soils, such as permeable pavement and bioretention facilities, are not counted against exempt from the maximum site coverage calculations requirements of any zone. On-site infiltration methods shall be evaluated individually by the Public Works and Utilities Department for effectiveness of reducing impacts from stormwater. Applicants applying this exemption will be required to provide an operations and maintenance plan for approval. B. All applicants seeking exemptions under this subsection are required to provide documentation from a certified engineer demonstrating the appropriateness of site conditions for use of pervious systems and participate in a pre-application review meeting with City staff. (Ord. 3343 § 9, 1/1/2009) 17.94.140 - Walls and fences. In all residential zones a wall or fence shall be no taller than four feet within the front building setback area, provided that a height of six feet is permitted within the front setback area if the top two feet is constructed of material that is at least 50 percent open work. The fence height may be a maximum six feet between the front setback line and mid point of the lot. The fence height may be a maximum of eight feet from the mid point of a lot to the rear property line, provided that the top two feet is constructed of a material that is at least 25 percent open (Note: lattice is 25 percent open). All vision clearance requirements per section 17.94.090 (driveways, street and alley corners) shall be maintained. The finished side (side without the support) of a fence must face the neighboring property or street if on a corner lot. Fence post supports may contain a decorative cap that does not exceed six inches above the maximum fence height. Fences taller than six feet in height require a building permit. A maximum fence height of six feet is permitted in commercial zones. Barbed wire or electric fencing is allowed only above the top of fence that is solid or is chain link and is at least six feet tall. (Ord. No. 3441, § 11, 11-15-2011; Ord. 3272, 2/16/2007; Ord. 2954 § 2, 3/28/1997; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2668 § 10 (part), 1/17/1992; Ord. 2238 § 15, 1/3/1983; Ord. 1709 § 1 (part), 12/22/1970) 17.94.150 - Storage of merchandise or vehicles in yards and rights-of-way. A. In residential and commercial zones, the storage of merchandise, appliances or vehicles in front or side yards shall be prohibited; provided, however, that car dealerships, boat sales, lumber yards, nurseries, and car rental services shall be exempt from this requirement. Page 165 B. In no zone shall the storage of any articles or vehicles be permitted to extend into public rights-of-way. (Ord. 3272, 2/16/2007; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2668 § 10 (part), 1/17/1992; Ord. 2390 § 1, 5/30/1986; Ord. 2238 § 16, 1/3/1983; Ord. 1709 § 1 (part), 12/22/1970) 17.94.155 - Use of residential streets. Subject to any other regulation of the use of streets under this Code, no owner or occupant of land abutting a public street, which land or street is in a residential zone or is the boundary of a residential zone, may use such street for the habitual or overnight parking or storage of commercial motor vehicles or trailers. Excepted from this prohibition is the parking on the street of one commercially used vehicle that is driven to and from the work place by the owner or occupant of the dwelling unit. (Ord. 3272, 2/16/2007; Ord. 2862, 4/14/1995) 17.94.170 - Exception to height requirement. The height restrictions in this title shall not apply to church spires, monuments, chimneys, antennas, water towers, elevator towers, mechanical equipment, and other similar rooftop appurtenances usually required to be placed above the roof level and not intended for human occupancy or the provision of additional habitable space; provided that mechanical equipment rooms and screening are set back at least ten feet from the edge of the roof and do not exceed ten feet in height. (Ord. 3272, 2/16/2007; Ord. 2861 § 1 (part), 3/17/1995) 17.94.180 - Minor deviations. A. A minor deviation from front, side, and rear yard setbacks, lot coverage, and height requirements established in this title may be granted by the Director of Community and Economic Development in accordance with the provisions of this section. B. A minor deviation may be granted if all of the following findings are made: 1. The granting of the minor deviation is consistent with the purpose of the zone in which the property is located and the project is otherwise consistent with the requirements of said zone. 2. Because of special circumstance, the strict application of the zoning ordinance results in an undue hardship upon the applicant. 3. The minor deviation will not be materially detrimental to the public welfare or injurious to property or improvements in the vicinity and zone in which the subject property is located; and 4. The minor deviation is not greater than ten percent of the requirement being deviated from. 5. The site has been posted and adjacent property owners notified 15 days prior to approval of the minor deviation. C. Any applications that are not granted a minor deviation by the Director of Community and Economic Development pursuant to this section must obtain a variance through the City's normal variance procedure as set forth in Chapter 2.52 PAMC. (Ord. 3272, 2/16/2007; Ord. 2956 § 4, 4/25/1997) CHAPTER 17.95 - SPECIAL PROVISIONS Page 166 17.95.010 - Vacated streets. Vacated streets, alleys, places and cul-de-sacs shall assume the zone classifications of the property that adjoined such street, alley, place or cul-de-sac prior to vacation. Where zone classification differs from one side to the other the boundary line shall be at the former center line of such vacated street, alley, place, or cul-de-sac. (Ord. 3272, 2/16/2007; Ord. 2668 § 11 (part), 1/17/1992; Ord. 1709 § 1 (part), 12/22/1970) 17.95.020 - Nonconforming uses. A. Existing land use—Continuance of nonconforming use. Any legal use of the land, existing or established at the time of the adoption of these regulations (January 4, 1971), shall be permitted to continue but shall not be expanded. B. Repairs, alteration, remodeling, and reconstruction. A legal, conforming building or structure housing a nonconforming use shall be permitted to be repaired, altered, remodeled, or reconstructed providing said repairs, alteration, remodeling, or reconstruction meet all zoning and building code requirements and provided further that said alterations do not expand the building space or site area used by a nonconforming use. C. Abandonment. If any nonconforming use of land and/or building or structure is abandoned and/or ceases for any reason whatsoever for a period of one year or more, any future use of such land and/or building or structure shall be in conformity to the zone in which it is located as specified by these regulations. D. Change in use. A nonconforming use shall not hereafter be changed to any other nonconforming use, regardless of the conforming or nonconforming status of the building in which it is housed. E. Nonconformance as a result of annexation. All above regulations shall apply to each nonconforming use that comes within the City by means of annexation from date of annexation. (Ord. 3272, 2/16/2007; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2742 § 1, 1/29/1993; Ord. 2668 § 11 (part), 1/17/1992; Ord. 2636 § 16 (part), 5/15/1991; Ord. 1709 § 1 (part), 12/22/1970) 17.95.030 - Nonconforming building or structure. A. Enlargement. An existing legal building or structure that does not comply with zoning and building code requirements shall not be enlarged, if such enlargement results in an increase in the degree of nonconformance. B. Restoration and reconstruction. 1. When a legal nonconforming building or structure is damaged or demolished to an extent that does not exceed 75 percent of the existing assessed value of the building or structure for tax purposes, said building or structure may be restored or reconstructed, providing: a. Restoration or reconstruction is started within nine months and is completed within 18 months of the date that damage or demolition occurred, or, if such date is unknown, then the date that the damage or demolition is reported, or reasonably capable of being reported, to the City. 2. When a legal nonconforming building or structure is damaged or demolished to an extent that exceeds 75 percent of the existing assessed value of the building or structure for tax purposes, Page 167 said building or structure may be restored or reconstructed, providing it conforms to all construction codes and zoning regulations of the zone in which it is located. The extent of damage to or demolition of a nonconforming building or structure shall be determined by the Building Official. If any aggrieved party disputes the Building Official's determination of the extent of the damage or demolition, then a panel of three state-licensed architects/engineers, one to be chosen by the City, one by the building owner, and the third by the first two architects/engineers, shall make a final determination of the extent of the damage to or demolition of the nonconforming building or structure. All costs incurred in obtaining this final determination are to be paid by the aggrieved party. C. Minor repairs. A legal nonconforming building or structure may have minor repairs performed as needed to maintain the building in a safe condition. D. Nonconformance as a result of annexation. All above regulations shall apply to each nonconforming structure or building that comes within the City by means of annexation. (Ord. 3272, 2/16/2007; Ord. 3009 § 1, 2/12/1999; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2668 § 11 (part), 1/17/1992; Ord. 2636 § 16 (part), 5/15/91; Ord. 1709 § 1 (part), 12/22/1970) 17.95.040 - Yards to be enclosed within a solid fence. A. Every wrecking, salvage, junk, used lumber yards, equipment and material storage yards shall be completely enclosed within a building or within a continuous solid fence no less than six feet in height or to a greater height if such height is needed to screen completely all the operations of such yards. B. Salvage and building material establishments shall contain all items for display or sal e within a structure or behind a sight-obscuring fence not less than six feet in height. No part of any required front, side or rear yard setbacks shall be used for the sale or display of any said items. (Ord. 3517 § 9, 10/21/2014; Ord. 3272, 2/16/2007; Ord. 2668 § 11 (part), 1/17/1992; Ord. 1709 § 1 (part), 12/22/1970) 17.95.050 - Moving of buildings. No building shall be moved onto any site until such site and such building have been approved by the Building Official. (Ord. 3272, 2/16/2007; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2668 § 11 (part), 1/17/1992; Ord. 1709 § 1 (part), 12/22/1970) 17.95.060 - Temporary buildings. A. The Planning Manager of the Department of Community and Economic Development may authorize permits for occupancy of temporary buildings, including mobile homes, used in conjunction with construction or reconstruction projects, or buildings used as real estate tract offices, for a period not to exceed one year. Such temporary buildings may be located in any zone; provided, however, sufficient setbacks are maintained to protect the public health, safety, and welfare. Buildings intended for a longer period of use shall conform in every respect to all provisions of these Regulations but will be considered at a public hearing before the Planning Commission. Requests for extensions of previously approved temporary use permits with specified time periods of authorization shall also be considered by the Planning Commission at a public hearing and may be granted for a period of one to five years, provided that the following minimum criteria are met: Page 168 1. The use complies with the permit conditions. 2. There have been no significant adverse changes in circumstances. B. Appeals. 1. Any person aggrieved by the decision of the Planning Commission or Planning Manager may appeal the decision to the City Council. 2. Appeals shall be submitted to the Department of Community and Economic Development in writing within 15 days following the date of the decision and shall pay and shall remit the fee set by resolution for such action. 3. The City Council shall conduct a public hearing on the appeal with notice being given as set forth in section 17.96.140. The Council's decision shall be final unless appealed to Clallam County Superior Court in accordance with section 17.96.150. (Ord. 3272, 2/16/2007; Ord. 2668 § 11 (part), 1/17/1992; Ord. 2595 § 9, 6/27/1990; Ord. 2334 § 2, 4/10/1985; Ord. 1709 § 1 (part), 12/22/1970) 17.95.080 - Breezeway. If an accessory building is connected to a principal building by a breezeway the accessory building shall not be considered a part of the principal building. (Ord. 3272, 2/16/2007; Ord. 2668 § 11 (part), 1/17/1992; Ord. 1709 § 1 (part), 12/22/1970) 17.95.090 - Exceptions to area requirements. For the purpose of encouraging the construction of off-street parking under or within a building rather than in rear, side, or front yards, the following exceptions to minimum lot areas shall be permitted. For each ten-foot by 20-foot area to be permanently reserved and used for a parking space under or within a building, a lot area credit of 300 square feet shall be permitted. Said lot area credit can be deducted from the required minimum lot area, or can be used to increase a proportional number of permitted dwelling units in motels and multi-family structures. (Ord. 3272, 2/16/2007; Ord. 2668 § 11 (part), 1/17/1992; Ord. 1709 § 1 (part), 12/22/1970) 17.95.100 - Uses. Any uses not expressly permitted in a specific zone may be reviewed by the Planning Commission for approval or denial in light of the zoning intentions and consistent with the Comprehensive Plan. (Ord. 3272, 2/16/2007; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2668 § 11 (part), 1/17/1992; Ord. 1709 § 1 (part), 12/22/1970) 17.95.110 - Non-zoned annexation areas. Any area not zoned by the City prior to annexation shall automatically upon annexation be classified and subject to the provisions, restrictions, and requirements of the zone most consistent with the City's Comprehensive Plan as determined by the City. Page 169 (Ord. 3272, 2/16/2007; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2668 § 11 (part), 1/17/1992; Ord. 1709 § 1 (part), 12/22/1970) 17.95.140 - Billboards. For the purpose of interpretation and enforcement of this Zoning Code, billboards shall be limited to only CA Commercial, Arterial, IL Industrial, Light, or IH Industrial, Heavy zones. Billboards shall be prohibited in all other zones. Where permitted, a billboard shall not be constructed closer than 35 feet to any property line. (Ord. 3272, 2/16/2007; Ord. 3123 § 24, 10/11/2002; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2668 § 11 (part), 1/17/1992; Ord. 2666 § 10 (part), 1/17/1992; Ord. 1709 § 1 (part), 12/22/1970) 17.95.160 - Parking space regulations. All space used for the sale, display, or parking of any merchandise or vehicles shall be confined to the property lines. No space for the sale, display, or parking of any merchandise or vehicles shall be permitted in the right-of-way of any public street, unless a right-of-way use permit is first obtained. Discretionary approvals required under the Zoning Code may be conditioned to require the necessary screening, lighting, entrances, and exits for off-street parking. (Ord. 2668 § 11 (part), 1/17/1992; Ord. 2666 § 10 (part), 1/17/1992; Ord. 1709 § 1 (part), 12/22/1970) 17.95.170 - Political signs. Temporary political signs associated with an election are exempt from the City's zoning regulations until 15 days after the election, provided said signs, when placed in residential zones, do not exceed 32 inches in height and four feet in width. No signs may be located within any public right-of-way or on any utility pole. (Ord. 3123 § 25, 10/11/2002; Ord. 2948 § 5 (part), 2/14/1997; Ord. 2742 § 1, 1/29/1993) CHAPTER 17.96 - ADMINISTRATION AND ENFORCEMENT 17.96.010 - Scope of regulations. A. All buildings erected hereafter, all uses of land or buildings established hereafter, all structural alteration or relocation of existing buildings occurring hereafter, all enlargements of or additions to existing uses occurring hereafter, shall be subject to these Zoning Regulations that are applicable to the zones in which such buildings, uses, or land shall be located. B. Where a building permit for a building or structure has been issued in accordance with law prior to the effective date of these Zoning Regulations, and provided that construction has begun by said date, said building or structure may be completed in accordance with the approved plans on the basis of which the building permit has been issued, and upon completion may be occupied under a certificate of occupancy by the use for which originally designated, subject thereafter to the provisions in regard to nonconforming buildings, uses, and structures. Page 170 (Ord. 3272, 2/16/2007; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2668 § 12 (part), 1/17/1992; Ord. 1709 § 1 (part), 12/22/1970) 17.96.020 - Interpretation. A. In the interpretation and application of these Zoning Regulations, the provisions of these regulations shall be held to be the minimum requirements for the promotion of public health, safety, and welfare. B. Where the conditions imposed by any provisions of these Zoning Regulations upon the use of land or buildings or upon the bulk of buildings are either more restrictive or less restrictive than comparable conditions imposed by any other provision of these Zoning Regulations or of any other law, ordinance, resolution, rule, or regulation of any kind, the regulations that are most restrictive (or that impose higher standards or requirements) shall govern. C. These Zoning Regulations are not intended to abrogate any easement, covenant, or any other private agreement; PROVIDED that where these regulations are more restrictive (or impose higher standards or requirements) than such easements, covenants, or other private agreements, the requirements in these Zoning Regulations shall govern. D. No building, structure, or use that was not lawfully existing at the time of the adoption of these Zoning Regulations shall become or be made lawful solely by reason of the adoption of these Zoning Regulations, and to the extent and in any manner that said unlawful building, structure or use conflicts with the requirements of these Zoning Regulations, said building, structure, or use remains unlawful. (Ord. 3272, 2/16/2007; Ord. 2668 § 12 (part), 1/17/1992; Ord. 1709 § 1 (part), 12/22/1970) 17.96.025 - Nonresidential dwelling prohibition. House trailers, automobiles, automobile trailers, mobile homes, park model manufactured homes, boats, recreation vehicles, vacation trailers and campers shall not be used for residential purposes in the City of Port Angeles except in approved Trailer Parks, the Port Angeles Boat Haven (boats only), or as permitted by section 17.95.060 PAMC (Temporary Use Permit). (Ord. 3390 § 11, 1/30/2010; Ord. 3272, 2/16/2007; Ord. 3155 § 18, 1/30/2004) 17.96.030 - Rules for interpreting zoning boundaries. A. When uncertainty exists as to the boundaries of zones as indicated on the Official Zoning Map, the following rules shall apply: 1. Boundaries shown on the Zoning Map as approximately following the center line of streets, alleys, highways or City limits shall be construed as following such center lines and City limits. 2. Distances not specifically indicated on the Zoning Map shall be determined by applying the scale of the map. 3. Where a zone boundary line parallel, or approximately parallel, to a street divides a lot or property in single ownership having street frontage in a less restrictive zone, the provisions applicable to the less restrictive zone may be extended to the entire lot, but in no case for a distance of more than 25 feet. Where such zone boundary line divides a lot having street frontage only in a more restrictive zone, the provisions of these regulations covering the more restrictive portion of such lot shall extend to the entire lot. 4. Where a zone boundary line divides a lot of single ownership and such line is at right angles or approximately at right angles to the street, highway or place upon which said lot fronts, the provisions of these regulations applicable in the less restrictively zoned portion of the lot may be Page 171 extended to the entire lot or for a distance of 25 feet from such zone boundary line, whichever is the lesser distance. 5. Where a zone boundary line, as indicated on the Zoning Map, follows the top or bottom of a bluff or bank, such line shall be at the point that is the average grade of the slope for the bank and top, or bottom, as determined by the City Engineer. B. Interpretation on zoning boundaries shall be made consistent with the City's Comprehensive Plan goals, policies, and objectives. (Ord. 3272, 2/16/2007; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2668 § 12 (part), 1/17/1992; Ord. 1709 § 1 (part), 12/22/1970) 17.96.040 - Substandard lots, recorded lots. When a lot has less than the minimum required area or width in any zone, and said lot was of record on the effective date of these Zoning Regulations (January 4, 1971), such lot shall be deemed to have complied with the minimum required lot area or width, in such zone. A building or structure may be permitted on said lot of record providing it meets all other requirements for such zone. (Ord. 3272, 2/16/2007; Ord. 3009 § 2, 2/12/1999; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2668 § 12 (part), 1/17/1992; Ord. 2238 § 17, 1/3/1983; Ord. 1709 § 1 (part), 12/22/1970) 17.96.045 - Zoning lot covenants—Applicability. Zoning lot covenants, as defined in PAMC 17.08.130(C), may be used only to allow a property owner to designate as a zoning lot two or more adjacent lots that either: A. Have a legal residential structure encroaching onto said lots; or B. Results in a lot that meets the zoning and subdivision requirements. A zoning lot covenant is not intended to allow the circumvention of applicable platting regulations and is intended to allow the consolidation of properties by a property owner for development and use by the owner. C. The covenant shall be recorded with the County Auditor's Office and a copy of the recorded covenant shall be provided to the Department of Community and Economic Development. Once filed, the covenant may only be removed through compliance with Chapter 58.17 RCW and the City's subdivision and/or short plat regulations. (Ord. 3272, 2/16/2007; Ord. 2863 § 1, 4/14/1995) 17.96.050 - Conditional use permit. A. The Planning Commission shall consider applications for conditional use permits of uses as specified in the applicable chapter of the Zoning Regulations. The Planning Commission may grant said permits that are consistent and compatible with the purpose of the zone in which the use is located, consistent with the Comprehensive Plan, and not contrary to the public use and interest. The Planning Commission may refuse to issue a conditional use permit if the characteristics of the intended use as related to the specific proposed site are such as would defeat the purpose of these Zoning Regulations by introducing incompatible, detrimental, or hazardous conditions. Page 172 B. In each application the Planning Commission may impose whatever restrictions or conditions they consider essential to protect the public health, safety, and welfare, and to prevent depreciation of neighboring property. C. Purpose of a conditional use permit: the purpose of a conditional use permit shall be to assure that the maximum degree of compatibility between uses shall be attained. The purpose of these regulations shall be maintained with respect to the particular use of the particular site and in consideration of other existing and potential uses within the general area in which such use is to be located. D. The Federal Fair Housing Act requires that reasonable accommodations be made in rules policies, practices, or services, when such accommodations may be necessary to afford disabled people equal opportunity to use and enjoy a dwelling. The Planning Commission is therefore authorized to make accommodations in the consideration of Conditional Use permits for group homes for disabled persons as defined in the federal Fair Housing Act, when the Commission determines that such accommodations reasonably may be necessary in order to comply with such act. (Ord. 3272, 2/16/2007; Ord. 3042 § 3 (part) 1/28/2000; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2668 § 12 (part), 1/17/1992; Ord. 1709 § 1 (part), 12/22/1970) 17.96.060 - Unclassified use permit. A. The Planning Commission shall consider applications for unclassified use permits of uses possessing characteristics of such unusual, large-scale, unique or special form as to make impractical including them in any zone of classified uses. The Planning Commission may grant said permits that are consistent and compatible with the purpose of the zone in which the use is located, consistent with the Comprehensive Plan, and not contrary to the public use and interest. The Planning Commission may refuse to issue an unclassified use permit if the characteristics of the intended use as related to the specific proposed site are such as would defeat the purpose of these Zoning Regulations by introducing incompatible, detrimental, or hazardous conditions. B. In each application the Planning Commission may impose whatever restrictions or condition it considers essential to protect the public health, safety, and welfare, and to prevent depreciation of neighboring property. C. Purpose of an unclassified use permit: The purpose of an unclassified use permit shall be to assure that the maximum degree of compatibility between uses shall be attained. The purpose of these regulations shall be maintained with respect to the particular use of the particular site and in consideration of other existing and potential uses within the general area in which such use is to be located. D. The following uses require an unclassified use permit: 1. Aquaculture. 2. Correctional facilities. 3. Gun clubs, skeet shoots, target ranges, and firing ranges. 4. Hydroelectric dams. 5. Oil ports (facilities that will result in the receipt of more than an average of 50,000 barrels per day of crude or refined petroleum that has been or will be transferred over marine waters). 6. Petroleum refineries, liquefied natural gas and liquefied petroleum gas facilities, energy facilities, energy plants and their associated facilities and associated transmission facilities such as defined in Chapter 80.50RCW. 7. Processing and rendering of animal byproducts. 8. Quarrying and mining. Page 173 9. Refuse disposal sites, dumps, sanitary landfills, and incinerators. 10. Removal and processing of sand, gravel, rock, peat, black soil, and other natural deposits. 11. Transfer stations for refuse and garbage. 12. Wireless communication support structures that exceed the maximum building height specified by the particular zone. 13. Other uses possessing characteristics of such unusual, large-scale, unique or special form as to make impractical including them in any zone of classified uses. (Ord. 3272, 2/16/2007; Ord. 3071, § 4 (part), 12/15/2000; Ord. 2861 § 1 (part), 3/17/1995) 17.96.070 - Hearing and appeal of conditional or unclassified use permit applications. A. Notice and hearing for conditional or unclassified use permits. Upon filing an application for a conditional or unclassified use permit in which the application sets forth fully the grounds for, and the facts deemed to justify, the granting of a conditional or unclassified use permit, the Planning Commission shall give public notice, as provided in PAMC 17.96.140, of the intention to consider at a public hearing the granting of a conditional or unclassified use permit. The Planning Commission's decision shall be final unless appealed to the City Council. B. Decisions. Conditional or unclassified use permit decisions issued by the Planning Commission, shall be set forth in writing and shall be accompanied by written findings and conclusions. Decisions shall be deemed effective upon adoption of the written decision, findings, and conclusions. A 14-day appeal period shall commence upon such adoption. On the next business day following the effective date of the decision, or as soon thereafter as practicable, the Department of Community and Economic Development shall mail copies of the decision, findings, and conclusions to the applicant and anyone else who has in writing requested such notification and shall place a legal notice of decision in the local newspaper. C. Appeals. 1. Any person aggrieved by the decision of the Planning Commission may appeal the decision to the City Council. 2. Appeals shall be submitted to the Department of Community and Economic Development in writing within 14 days following the date of the decision. 3. The City Council shall conduct a closed record hearing on the appeal of the Planning Commission's decision. The Council's decision shall be final unless appealed to Clallam County Superior Court in accordance with PAMC 17.96.150. D. Permits void after one year. All conditional or unclassified use permits shall become void one year from the date of granting such permits if use of the land or buildings or applying for necessary building permits(s) has not taken place in accordance with the provisions in granting said requests. E. Extensions of approved conditional use permits. Extensions of approved conditional use permits shall be considered in accordance with the same procedures as for the original permit application, and may be granted for a period of one to five years, provided that the following minimum criteria are met: 1. The use complies with the permit conditions. 2. There have been no significant, adverse changes in circumstances. Upon written request for an extension submitted to the Department of Community and Economic Development prior to the expiration of the conditional use permit, said conditional use permit shall be automatically extended for 90 days to allow the City adequate time to review the extension request. F. Minor amendment of approved conditional use permits. Page 174 1. Upon written request submitted to the Department of Community and Economic Development a minor amendment may be made to an approved conditional use permit if: a. The amendment does not increase the intensity of the use by more than ten percent of the original approval; b. The amendment will not be materially detrimental to the public welfare or injurious to property or improvements in the vicinity and zone in which the subject property is located; and c. The site has been posted and adjacent property owners notified 15 days prior to the decision. 2. Any applications that are not granted a minor amendment pursuant to this section must obtain an amendment through the City's normal conditional use permit procedure. (Ord. 3272, 2/16/2007; Ord. 3239 § 1, 3/17/2006; Ord. 3042 § 3 (part) 1/28/2000; Ord. 3007 § 5 (part), 1/15/1999; Ord. 2935 § 1, 11/15/1996; Ord. 2911 § 2, 3/29/1996; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2796 § 16, 2/11/1994; Ord. 2668 § 12 (part), 1/17/1992; Ord. 2636 § 18 (part) 5/15/1991; Ord. 2595 § 1, 6/27/1990; Ord. 2503 § 1, 7/27/1988; Ord. 2334 § 3, 4/10/1985; Ord. 1798 § 2, 8/15/1973; Ord. 1709 § 1 (part), 12/22/1970) 17.96.080 - Variances and decisions of Department of Community and Economic Development. All requests for variances and appeals from decisions of the Department of Community and Economic Development shall be considered by the Board of Adjustment in accordance with its powers and rules. When a variance is denied, a new application for the same variance may not be submitted for a period of one year following the denial, unless there has been a revised proposal, significant change in circumstances, or new information becomes available to support a variance. (Ord. 3272, 2/16/2007; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2742 § 1, 1/29/1993; Ord. 2668 § 12 (part), 1/17/1992; Ord. 1798 § 1, 8/15/1973; Ord. 1709 § 1 (part), 12/22/1970) 17.96.090 - Filing fees. A fee for the filing and processing of applications for all permits required by this Title shall be paid at the time an application is submitted. The amount of the fee shall be as established by ordinance and set forth in Chapter 3.70 PAMC. (Ord. 2861 § 1 (part), 3/17/1995; Ord. 2789 § 14, 1/1/1994; Ord. 2668 § 12 (part), 1/17/1992; Ord. 2143 § 1, 5/31/1981; 1/17/1992; Ord. 1798 § 3, 8/15/1973; Ord. 1709 § 1 (part), 12/22/1970) 17.96.095 - Zoning initiation by the Planning Commission. On its own action, or if requested by the City Council, the Planning Commission shall cause to be prepared official controls that, when adopted by ordinance by the City Council, will further the objectives and goals of the Comprehensive Plan. The Planning Commission may also draft such regulations, programs and legislation that, in its judgment, are required to preserve the integrity of the Comprehensive Plan and assure its systematic execution. The Planning Commission may recommend such plans, regulations, programs and legislation to the City Council for adoption. (Ord. 3272, 2/16/2007; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2668 § 12 (part), 1/17/1992; Ord. 1709 § 1 (part), 12/22/1970) Page 175 17.96.100 - Amendments. A. In determining if an amendment to these regulations is needed, the City Council shall give due consideration to the proper relationship of such amendment to the Comprehensive Plan and the entire Zoning Regulations; it being the intent to retain the integrity and validity of the zones herein described and to avoid any isolated spot zoning changes in the Zoning Map. B. Any amendments adopted by the City Council may be modified from the form in which they were advertised within the limits necessary to relate properly such amendment or amendments to the Zoning Regulations. Final action on such modifications shall be subject to review and report of the Planning Commission prior to final passage by the City Council. C. No application for a change of zoning of any lot, parcel or portion thereof shall be considered by the City Council within one year of the final action of the Council upon a prior application covering any of the same described land. This provision, however, shall not impair the right of the Council to propose by its own action any amendment or change in the boundaries of any of the zones in these regulations. (Ord. 3272, 2/16/2007; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2668 § 12 (part), 1/17/1992; Ord. 1709 § 1 (part), 12/22/1970) 17.96.110 - Subdividing. The City Council shall review all proposed subdivisions and shall have the power to approve or deny said plats and to require any modifications necessary to assure consistency with the Comprehensive Plan, and to standards, specifications, and regulations established by State law, by City of Port Angeles Subdivision Regulations (Ch. 16.08 PAMC), and by this Title. (Ord. 2861 § 1 (part), 3/17/1995; Ord. 2668 § 12 (part), 1/17/1992; Ord. 1709 § 1 (part), 12/22/1970) 17.96.120 - Enforcement. A. The Director of Community and Economic Development shall have the authority to enforce all provisions of this ordinance. No oversight or dereliction on the part of the Director of Community and Economic Development or any official or employee of the City of Port Angeles vested with the duty or authority to issue permits or licenses shall legalize, authorize, waive or excuse the violation of any of the provisions of this title. B. No permit or license for any use, building, or purpose shall be issued by any official or employee of the City of Port Angeles if the same would be in conflict with the provisions of this title or any other ordinance now in force referring to this title. Any permit or license so issued shall be null and void. C. In the event any person, firm, or corporation should use, erect, construct, move, or alter, or attempt to use, erect, construct, move, or alter any property, building, or structure in violation of the provisions of this title, the same is hereby declared a public nuisance and the City Attorney shall have the authority to bring and to prosecute an action in any court of competent jurisdiction to enjoin such person, firm, or corporation from continuing such use, erection, construction, moving, or altering. If such use, erection, construction, moving, or alteration is being or has been accomplished, the City Attorney shall enjoin such person, firm, or corporation from maintaining same. (Ord. 3272, 2/16/2007; Ord. 3007 § 5 (part), 1/15/1999; Ord. 2668 § 12 (part), 1/17/1992; Ord. 2636 § 14, 5/15/1991; Ord. 1709 § 1 (part), 12/22/1970) 17.96.130 - Entry upon private property. Page 176 The Building Official, members of the Planning Commission, and the Planning or Engineers' staff, in the performance of their functions and duties, may, on notification, except in an emergency, enter upon any land and make examinations and surveys. Provided, that such entries and examinations do not damage or interfere with the use of the land by those persons lawfully entitled to the possession thereof. (Ord. 3272, 2/16/2007; Ord. 2668 § 12 (part), 1/17/1992; Ord. 1709/22/1970) 17.96.140 - Notice of public hearings. Notice of public hearings required pursuant to this title shall be given as follows: A. At least 15 days prior to the date of the public hearing, the Department of Community and Economic Development shall cause notice of the time, place, and purpose of the hearing to be published in the City's officially designated newspaper. B. In addition to the notice given in subsection 1., where the purpose of the public hearing involves a specific site, notices shall be given as follows: 1. At least 15 days prior to the date of the public hearing, the City shall cause notice of the time, place and purpose of the hearing to be posted on the site in a conspicuous manner in the form of a brightly colored notice on a self-standing sign as provided by the Department of Community and Economic Development or in such other form as the Department of Community and Economic Development may direct. 2. At least 15 days prior to the date of the public hearing, the Department of Community and Economic Development shall cause notice of the time, place and purpose of the hearing to be mailed to the latest recorded real property owners within at least 300 feet of the boundary of the site as shown by the records of the County Assessor. The applicant shall provide the Department of Community and Economic Development with mailing labels for each such property owner. (Ord. 3272, 2/16/2007; Ord. 2911 § 2, 3/29/1996; Ord. 2668 § 12 (part), 1/17/1992; Ord. 2636 § 18, 5/15/1991; Ord. 2595 § 2, 6/27/1990; Ord. 1709 § 1 (part), 12/22/1970) 17.96.150 - Appeals. Any appeal of a final decision rendered by the City Council pursuant to this title shall be filed in Clallam County Superior Court within 21 days of such final decision or be barred. (Ord. 2990 § 5, 5/15/1998; Ord. 2668 § 12 (part), 1/17/1992; Ord. 2595 § 3, 6/27/1990) 17.96.160 - Code revisor. The City's Code Revisor is authorized and directed to make minor organizational changes to the Zoning Code necessary for codification, and to prepare for City Council adoption a codification of the entire City Zoning Code, including all Zoning Code Amendments that have been approved by the City Council. (Ord. 2668 § 12 (part), 1/17/1992; Ord. 2636 § 19, 5/15/1991) 17.96.170 - Zoning code amendment. Application. Any person wishing to apply for an amendment to this Zoning Ordinanc e shall submit a completed application and a filing fee in the amount set forth in Chapter 3.70 PAMC to the Department of Page 177 Community and Economic Development, together with any information necessary to comply with the requirements of the State Environmental Policy Act (SEPA) Chapter 43.21C RCW. (Ord. 3272, 2/16/2007; Ord. 2932 § 35, 10/11/1996; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2668 § 12 (part), 1/17/1992; Ord. 2636 § 19, 5/15/1991) 17.96.180 - Penalties. Any person, firm, or corporation violating any provisions of this title shall be guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not more than $500.00 or by imprisonment for a term not to exceed six months, or by both fine and imprisonment. Such person, firm, or c orporation shall be deemed guilty of a separate offense for each and every day during any portion of which any violation of this title is committed, continued, or permitted by such person, firm, or corporation, and shall be punishable as herein provided. (Ord. 2668 § 12 (part), 1/17/1992; Ord. 1709 § 1 (part), 12/22/1970) TABLE A CONDITIONAL USES IN RESIDENTIAL SINGLE-FAMILY ZONES THAT HAVE SPECIAL DEVELOPMENT STANDARDS USES LOT AREA LOT WIDTH YARD REQUIREMENTS LOT COVERAGE SIGNS PER SITE Front Interior Side Corner Side Rear Art Galleries and Museums * * * * * * * 10 sq. ft. unlit Bed and Breakfasts: RS-7 RS-9 7,000 sq. ft. 9,000 sq. ft. * * * * * * 5 sq. ft. indirectly lit Day Care Centers 7,000 sq. ft. * * * * * 0 5 sq. ft. unlit Churches 25,000 sq. ft. 100 ft. 35 ft. 35 ft. 35 ft. 35 ft. 0 24 sq. ft. of reader board signage indirectly lit Communication Transmission Structures, Radio/TV Stations and Towers * * * * * * * 10 sq. ft. unlit Page 178 Duplexes: RS-7 Zone RS-9 Zone 10,500 sq. ft. 14,000 sq. ft. 75 ft.100 ft. * * * * * * Libraries ½acre 100 ft. 35 ft. 35 ft. 35 ft. 35 ft. * 10 sq. ft. unlit Nursing, Convalescent Homes, Assisted Living Facilities 1 acre 200 ft. 30 ft. 20 ft. 20 ft. 40 ft. * 10 sq. ft. unlit Public Parks and Recreation Facilities 20 sq. ft. unlit Public Utility Structures 9,000 sq. ft. 75 ft. 25 ft. 8 ft. 25 ft. 10 ft. * 20 sq. ft. unlit Public and Private Schools: Elementary Schools 5 acres + 1 acre per ea. 100 students 40 ft. 40 ft. 40 ft. 40 ft. 40 ft. 25% 100 sq. ft. Middle, Jr. and Sr. High Schools 10 acres + 1 acre per ea. 100 students 40 ft. 40 ft. 40 ft. 40 ft. 40 ft. 25% 100 sq. ft. Private School 20,000 sq. ft. 100 ft. 40 ft. 40 ft. 40 ft. 40 ft. 25% 24 sq. ft. reader board indirectly lit * See applicable zone for minimum standards (Ord. 3332 § 11, 4/25/2008) BYLAWS of THE CITY OF PORT ANGELES, WASHINGTON PLANNING COMMISSION ARTICLE I - NAME Section 1. Name The official name of the organization shall be “The City of Port Angeles, Washington, Planning Commission.” ARTICLE II - OFFICIAL SEAT Section 1. Official Seat The official seat of the Planning Commission shall be in the City Hall of Port Angeles, Washington, 321 East Fifth Street, and meetings shall be held there except on such occasions and at such times as the Commission may, by a majority vote of those present at any regular, recessed, or special meeting, otherwise direct. ARTICLE III - OFFICERS Section 1. Officers The elective officers of the Planning Commission shall consist of a Chair and Vice-Chair. Section 2. Nomination and Election of Officers Nomination of elective officers shall be made from the floor at the annual election meeting which shall be held at the last regular meeting of March of each year. The election shall follow immediately thereafter. A nominee receiving a majority vote of those present at the election meeting shall be declared elected. Section 3. Terms of Officers The term of office for elective officers shall begin in April and shall continue for a term of one year. Elective officers shall not serve consecutive terms in the same office. Section 4. Vacancies in Offices Vacancies in elective offices shall be filled immediately by regular election procedure for the unexpired portion of the term. Section 5. Duties of Officers (a) Chair The Chair shall preside at all meetings and public hearings of the Planning Commission and shall call special meetings when he/she deems it necessary or is required to do so. He/she shall appoint all committees, shall be an ex-officio member of each, without the power to vote. He/she shall sign the minutes of Planning Commission meetings and all official papers and plans involving the authority of the Planning Commission which are 2 then transmitted to the City Council. The Chair shall have the privilege of discussing all matters before the Planning Commission and voting thereon. He/she shall have all the duties normally conferred by parliamentary usage on such officers and shall perform such other duties as may be ordered by the Planning Commission except as otherwise provided in these Bylaws, in other Planning Commission regulations, or in City Ordinances. (b) Vice-Chair The Vice-Chair shall assume the duties and powers of the Chair in his or her absence. If the Chair and Vice-Chair are both absent, the Planning Commission members may elect a temporary chair by a majority vote of those present at a regular, recessed, or special meeting, who shall assume the duties and powers of the Chair or Vice-Chair during their absence. (c) Executive Secretary The Executive Secretary is a staff appointed position. The Executive Secretary shall keep the minutes of all regular, recessed, and special meetings of the Planning Commission; such minutes shall be approved by the Planning Commission. He/she shall also keep the minutes of Planning Commission committee meetings when requested to do so. He/she shall give notice of all regular and special meetings to Planning Commission members, shall prepare with the Chair the agenda of regular and special meetings, shall serve proper and legal notice of all public hearings, and shall draft and sign the routine correspondence of the Planning Commission. The Executive Secretary shall maintain a file of all studies, plans, reports, recommendations, and official records of the Planning Commission and perform such other duties as are normally carried out by a secretary and as the Planning Commission may determine. ARTICLE IV - MEETINGS Section 1. Regular Meetings: Time and Place Regular monthly meetings shall be held on the second and fourth Wednesdays of each month beginning at 6:00 P.M. in City Hall except as otherwise designated by the Planning Commission. Per Section 2.36.040 of the Port Angeles Municipal Code, the Planning Commission shall hold at least one regular meeting in each month for nine (9) months of the year. Any change in the hour, date, and place of regular meetings shall be given wide publicity for the convenience of persons having business before the Commission. When the regular meeting day falls on a legal holiday, the replacement date will be designated by the Planning Commission with notice posted to the public per the Open Public Meetings Act. Section 2. Recessed Meetings Any regular meeting may be recessed to a definite time, place, and date by a majority vote of the Planning Commission members present at the meeting. Section 3. Special Meetings Special meetings may be called by the Chair or Planning staff with approval of the Chair.