HomeMy WebLinkAbout3736 ORDINANCE NO.'S 7 3 G
AN ORDINANCE of the City of Port Angeles. Washington amending
portions of Title 17 and Title 2 of the Port Angeles Municipal Code relating
to minor deviation permits and conditional use permits.
THE CITY COUNCIL OF THE CITY OF PORT ANGELES DO HEREBY ORDAIN
AS FOLLOWS:
Section 1. Title 17 of the Port Angeles Municipal Code is hereby amended by amending
sections of Title 17 as follows:
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: 3-5 40 feet.
17.94.065 n nt tang,.-ate r..,,,,nditional. esidential, • o Reserved.
TABLE
STANDARDS
Art Gaper: nd * * * * * * * 10 sq. ft.
museums or
. dii eet4tly lit
Child care 7,000 sq. ft. ** ** *— *— *— 0 5 sq.ft.
aft
1
I '- i .111 . 1 11 i 1 11 1 1 1 1
0 *1 *1 *1 *1 I 1
44 44 44 34 44 44
44 44 34 44 44 4 4
44 44 3 4 d 44 4 4
44 44 34 4 4 4 4 44 .
i4 54 44 44
c44'
I *1i ! i 1.- i ki i id
11
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A. A minor deviation from front, side, and rear yard setbacks, lot coverage, and height
fectuireme.its established in this title m , beg nted by_the Director f'Community anal
> c Do elo nt rda ith the f th' seetio
o a Ti11J JVvaavaa.
B. A miner d t•on m , be R nted if all of'the following fin dings a o a,de:
I Th nt; of the .do at; tent . ith tha se of the zone in
which the property is located and the project is otherwise consistent with the
requirements of said zone.
7 [> f 1 to thv tri t nlicatio of'tha g ordinance
res*
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Its n d. a hardsh; tha pl: nt
3. The minor deviation will not be materially detrimental t the public welfare or
injurious to property or improvements in the vicinity and zone in which the subject
property is located.
Q Th a t' t t th t t f th e 'o o
a r
deviated from.
C. Any applications that are not granted a minor devi
and Economic Development pursuant to this sect: t btain a variance through the
City's normal variance procedure asset f in-Ghapte' 2.`2 PAMC.
17.96.050—Conditional use permit.
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 Hearing Examiner 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.
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TABLE A
CONDITIONAL USES IN RESIDENTIAL LOW AND MIXED DENSITY ZONES THAT HAVE SPECIAL DEVELOPMENT
STANDARDS
Art Galleries and * * * * * * * 10 sq. ft.
museums unlit or
indirectly lit
Childcare 7,000 sq.ft. * * * * * 0 5 sq. ft.
unlit
Churches or other 25,000 sq. 100 35 35 35 35 0 24 sq.ft. of
places of worship ft. ft. ft. ft. ft. ft. reader
board
signage
indirectly lit
Communication * * * * * * * 10 sq. ft.
transmission unlit
structures,
radio/TV stations
and towers
Libraries 1/2 acre 100 35 35 35 35 * 10 sq.ft.
ft. ft. ft. ft. ft. unlit
Nursing, 1 acre 200 30 20 20 40 * 10 sq. ft.
convalescent ft. ft. ft. ft. ft. unlit
homes, assisted
living facilities
Public parks and 20 sq. ft.
recreation facilities unlit
Public utility 9,000 sq.ft. 75 25 8 ft. 25 10 * 20 sq. ft.
structures ft. ft. ft. ft. unlit
Public and private schools:
Elementary 5 acres+ 1 40 40 40 40 40 25% 100 sq. ft.
schools acre per ea. ft. ft. ft. ft. ft.
4
100
students
Middle,Jr. and Sr. 10 acres+ 1 40 40 40 40 40 25% 100 sq. ft.
high schools acre per ea. ft. ft. ft. ft. ft.
100
students
17.96.055—Administrative conditional use permit.
A. The Director shall consider applications for administrative conditional use permits of uses
as specified in the applicable chapter of the zoning regulations. The Director 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.
B. In each application the Director may impose restrictions or conditions that are reasonably
necessary to protect the public health, safety and welfare,and to prevent depreciation of
neighboring property.
17.96.065—Minor deviations.
A. A minor deviation from front, side,and rear yard setbacks, lot coverage, site coverage and
height requirements established in this title may be granted by the Director of Community and
Economic Development or the Hearing Examiner in accordance with the provisions of this section.
B. A minor deviation not greater than 20 percent may be granted by the Director if all of the
following findings are made:
1. 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.
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C. A minor deviation of between 21 percent and 30 percent may be granted by the Hearing
Examiner in if all of the following findings are made:
1. 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.
4. The following standards have been adequately addressed:
a. The provision of adequate utilities has been demonstrated.
b. Alternatives to the minor deviation have been considered.
c. Shadow and viewshed impact studies has been performed demonstrating no
significant impacts to surrounding properties.
d. The application demonstrates that an attempt has been made to reduce
potential impacts from the deviation to surrounding property owners.
e. If the proposal is for an increase in maximum building height,the proposal
does not qualify for the building height bonus standards of 17.20.070.
D. Any applications that are not granted a minor deviation by the Director of Community and
Economic Development or Hearing Examiner pursuant to this section must obtain a variance
through the City's normal variance procedure as set forth in Chapter 2.52 PAMC.
17.96.070 Hearing and appeal of conditional use,OF unclassified use,or minor deviation
permit applications.
A. Notice and hearing for conditional use,-or unclassified use, or minor deviation permits.
Upon filing an application for a conditional use,ef-unclassified use,or minor deviation 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 Hearing Examiner shall give public notice,as
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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 Hearing Examiner's decision shall be final unless appealed to the City Council.
B. Decisions. Conditional use ef-unclassified use,or minor deviation permit decisions issued
by the Hearing Examiner,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.
D. Permits void after one year. All conditional use,of unclassified use,or minor deviation
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, unclassified use, or minor deviation permits.
Extensions of approved conditional use 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.
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.
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F. Minor amendment of approved conditional use, unclassified use, or minor deviation
permits. A minor amendment to an approved conditional use permit may be granted by the
Director of Community and Economic Development.
1. A written request for amendment must be submitted to the Department of
Community and Economic Development. A minor amendment may be granted if all of the
following findings are made:
a. The amendment does not change the approved conditional use permit by
more than ten percent of the original approval. For those immeasurable changes,of
which the ten percent does not apply,the change shall not increase the intensity of
use; and
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.
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.
Section 2. Title 2 of the Port Angeles Municipal Code is hereby amended by amending
sections of Title 2 as follows:
2.18.060 Functions,issues and jurisdiction of the Hearing Examiner
A. Review authority. The Hearing Examiner is hereby authorized and directed to hear and
decide the following matters:
2. Minor deviation requests, per PAMC 17.96.065.
2.18.065 Functions,issues and jurisdiction of the Director of Community and Economic
Development.
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A. Review authority. The Director of Community and Economic Development,referred to as
"Director" in this section is hereby authorized and directed to hear and decide the following
matters:
1 1. Minor deviation requests, per PAMC 17.91.180 17.96.065.
Section 3.-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 to other local, state, or federal laws, codes, rules or
regulations,or ordinance numbering,section/subsection numbers and any references thereto.
Section 4. -Severability. If any provisions of this Ordinance, or its application to any person or
circumstances,are held invalid,the remainder of the Ordinance,or application of the provisions of the
Ordinance to other persons or circumstances, is not affected.
Section 5.-Effective Date. This Ordinance,being an exercise of a power specifically delegated to
the City legislative body. is not subject to referendum. This ordinance shall take effect five (5)
days after passage and publication of an approved summary thereof consisting of the title.
PASSED by the City Council of the City of Port Angeles at a regular meeting of said Council
held on the /S delay of alla hc,f,2024.
Kate Dexter, Mayor
APP VED AS TO FORM: �',
�� e� % ....___ 1
illiam E. Bloor, City Att rney
9
ATTE T:
Kari Martinez-Bailey, City Clerk
C
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Summary of Ordinances Adopted by the Port Angeles City Council on October 15, 2024
ORDINANCE NO. 3735
AN ORDINANCE of the City of Port Angeles, Washington amending portions of Title 17 and Title
2 of the Port Angeles Municipal Code relating to minor deviation permits and conditional use
permits.
ORDINANCE NO. 3736
AN ORDINANCE of the City of Port Angeles, Washington adding a new chapter, Chapter 2.23, to the
Port Angeles Municipal Code establishing a Disability Board.
This ordinance shall take effect five(5)days after passage and publication of an approved summary
thereof consisting of the title.
The full texts of Ordinances are available at City Hall in the Clerk's office, on the City's website at
www.cityofpa.us or will be mailed upon request.
Kari Martinez-Bailey
City Clerk
Published by summary: Friday, October 18, 2024