HomeMy WebLinkAbout5.301 Original Contract
5. 2lJ I
CITY OF PORT ANGELES
321 EAST FIFTH ST.. POBOX 1150 PORT ANGELES. WASHINGTON 98362
PHONE (206) 457-0411
September 24, 1992,
Ms. Carla J. Elofson, Chairperson
Lower Elwha S'Klallam Tribe
1666 Lower Elwha Road
Port Angeles, W A 98362
Re: Agreement Between the City of Port Angeles and the
Lower Elwha S' Klallam Tribe Regarding Ediz Hook
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Dear Ms. Elofson:
Attached for your file is a fully executed copy of the agreement between the City of Port Angeles
and the Lower Elwha S 'Klallam Tribe regarding Ediz Hook.
As referenced on Pages 2 and 3 of the agreement, also attached are the following ordinances, as
codified in the Port Angeles Municipal Code:
A. Construction Codes, Chapter 14.01, 14.03, 14.05, and 14.21 PAMC.
B. Off-Street Parking, Chapter 14.40 PAMC.
C. Zoning, Title 17 PAMC
D. Environment, Title 15 PAMC
E. Fireworks, Chapter 5.32 PAMC
F. Nuisances, Chapter 8.04 PAMC
Please contact me if I can be of any further assistance.
Sincerely yours,
fu&~ JJp1:cr^-
Becky J. u~on \j
City Clerk
Attachments
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5.301
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AGREEMENT BETWEEN THE CITY OF PORT ANGELES
AND THE LOWER ELWHA S 'KLALLAM TRIBE
REGARDING EDIZ HOOK
THIS AGREEMENT dated August 11, 1992, is executed between the
CITY OF PORT ANGELES, a municipal corporation of the State of
Washington (hereinafter "City") and the LOWER ELWHA S 'KLALLAM
TRIBE, a federally recognized Indian Tribal government (hereinafter
"Tribe") in order to achieve mutual goals and to provide a
framework for the relationship between the parties regarding the
use of Ediz Hook, Clallam County, State of Washington.
RECITALS
1. In the event that the proposed Elwha River Ecosystem and
Fisheries Restoration Act (hereinafter "EREFRA") becomes federal
law, each party will be a lessee of portions of federal land on
Ediz Hook within the boundaries of the City for a term of ninety-
nine (99) years beginning January 1, 1994.
2. The lease to the Tribe will be issued pursuant to the Act
of June 14, 1926, as amended (43 U.S.C. 869) and EREFRA; will be
for the purpose of constructing and operating a Tribal cultural
facility, such as a longhouse or a museum, and associated
interpretative and parking facilities; and will encompass:
That parcel of land on Ediz Hook, Clallam County, washington,
lying south of the existing roadway and extending southward to the
southern boundary of the land currently leased to the City of Port
Angeles (Lease #DOT-CG13-4811-72, dated April 4, 1972, as amended)
and beginning at the North-South line 200 feet east of the western
boundary of Outlot 6 and running easterly 600 feet to the North-
South line 300 feet west of the eastern boundary of Outlot 6.
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3. The lease to the City will also be issued pursuant to the
Act of June 14, 1926, (43 U.S.C. 869), and EREFRA and will
encompass Outlots 4, 5, and 6, except that portion of Outlot 6
leased to the Tribe as described in Recital #2, and a portion of
Outlot 7.
4. Both lessees will be subject to the general terms and
conditions set out in the lease agreements with the united states.
Following negotiations with representatives of the united states,
the Tribe agreed to the following additional lease conditions:
A. the public shall have access to the beach along the south
side of the parcel at all times;
B. the City shall have the right to construct and maintain a
waterfront trail adjacent to the existing roadway along
the north side of the parcel; and
C. parking facilities on the parcel shall be open to the
public at all times.
AGREEMENTS
If the proposed Elwha River Ecosystem and Fisheries
Restoration Act becomes federal law, the undertakings and
understandings between the parties regarding use of their
respective leasehold interests shall be as follows:
1. In the interest of compatible and coordinated use of
adjacent lands within the exterior boundaries of the City of Port
Angeles, the Tribe agrees to exercise its leasehold interest in
compliance with the following ordinances, as codified in the Port
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Angeles Municipal Code on the date this Agreement is signed, true
and correct copies of which are attached and incorporated herein,
to the extent that these ordinances do not defeat or are not
inconsistent with the construction and operation of a cultural
facility, such as a museum or longhouse:
A. Construction Codes, Chapter 14.01, 14.03, 14.05, and 14.21
PAMC.
B. Off-street parking, Chapter 14.40 PAMC.
C. zoning, Title 17 PAMC.
D. Environment, Title 15 PAMC.
E. Fireworks, Chapter 5.32 PAMC.
F. Nuisances, Chapter 8.04 PAMC.
2. The Tribe agrees to comply with amendments to the
ordinances described above, as well as with new generally
applicable ordinances which may be adopted by the City Council in
the future, only to the extent that the City, Tribe, and Secretary
of the Interior agree that such ordinances or amendments should be
applicable to the Tribe's lease of federal land on Ediz Hook.
3. The Tribe agrees to comply with the lease conditions set
forth in Recital #4.
4. The city agrees to provide utility services to the
property leased by the Tribe to the extent such services are
available through existing infrastructure, or infrastructure which
the city may construct in the future, provided that in receiving
such utility services the Tribe shall be subject to, and comply
with, City ordinances regulating the City's public utility services
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as set forth in Title 13 PAMC as well as the duly adopted policies
of the Public Works and Light Department and all future amendments
to such ordinances and policies.
5. The City agrees that parking on its parcel will be
available to users of the Tribe's parcel at all times and that City
fire, ambulance and other public safety services will be extended
in accordance with City ordinances and policies.
6. Both parties agree to work cooperatively to resolve any
questions which may arise under this Agreement.
7 . This Agreement and the leases with the united states
comprise the entire agreement between the parties. Both parties
agree that this Agreement cannot be changed, modified, or amended
in any respect except by written instrument signed by both parties.
IN WITNESS WHEREOF,
the parties hereto have caused this
Agreement to be executed the day and year first hereinabove
written. This Agreement is valid if signed in counterpart.
CITY OF PORT
LOWER ELWHA S'KLALLAM TRIBE
By ~
Carla J. Elof
~
Chairperson
A TEST:
~O(1~. LJpm~
Becky J. pto,
City Cler
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Vice-Chairperson
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Sections:
5.32.010
5.32.020
5.32.040
5.32.050
5.32.060
5.32.070
5.32.080
5.32.090
5.32.010 -
5.32.050
Chapter 5.32
FIREWORKS
Purpose.
Limitations on Possession, Sales or Discharge of
Fireworks.
Sale of Fireworks - Permit Required.
Permit - Application Requirements and Required
Information.
Permit - Number Limited.
Sale of Fireworks - Requirements.
Dates When Use Permitted.
Temporary Stand - Location - Construction.
5.32.010 Purpose. It is the purpose of this Chapter to regulate the
possession, sale and discharge of safe and sane fireworks within the City, in
accordance with the provisions of Ch. 70.77 RCW as now enacted or hereafter
amended. (Ord. 2050 Ch. 8 ~ 1, 1-1-80.)
5.32.020 Limitations on Possession. Sales or Discharge of Fireworks.
It shall be unlawful for any person to possess, sell or discharge any fireworks
within the City other than those permitted by this Chapter. Fireworks per-
mitted by this Chapter are those defined as "common fireworks" by RCW
70.77.136, except that type known as "jumping Jacks" which are specifically pro-
hibited. (Ord. 2639 ~ 1, 6-18-92.)
5.32.040 Sale of Fireworks - Permit Required. It is unlawful for any
person, firm or corporation to engage in the retail sale of fireworks within the
City without first having obtained a permit for such purpose. (Ord. 2221 ~ 1,
6-28-82; Ord. 2050 Ch. 8 ~4, 1-1-80.)
5.32.050 Permit - Application Requirements and Required Information.
An application for a permit to engage in retail sales of fireworks within the City
limits shall be made to the City Clerk, and submitted at least ten days prior to
the requested effective date of the permit. No permit application may be sub-
mitted prior to January 1st of the year for which the permit is requested. In
addition to all information required of an applicant for a business license, the
application for a fireworks permit must be accompanied by:
A. A valid license issued by the State Fire Marshal pursuant to Chap-
ter 70.77 RCW, authorizing the permittee to engage in the retail sale of
fireworks;
B. A fee of ten dollars, which is established as the fee for a permit
issued solely for the purpose of allowing the retail sale of fireworks;
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5.32.050 -
5.32.090
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C. A public liability and property damage insurance policy from an
insurance company licensed to do business in this State, in the sum of at least
three hundred thousand dollars for bodily injury or death suffered by one or
more persons in any accident or occurrence, and at least one hundred thousand
dollars for property damage. The insurance policies must name the City as an
additional insured, to indemnify the City from damage or injury caused by the
operation of retail fireworks stands;
D. A performance bond, note or cash deposit in an amount not less
than one hundred dollars, conditioned upon the prompt removal and cleanup
of all debris, material, etc., from the site from which fireworks are sold, which
bond or deposit shall be returned to the applicant by the City if the application
for a fireworks permit is denied.
E. In the event the permit is issued, the bond or deposit shall be
returned to the applicant only if the stand from which the fireworks are sold is
removed and the site cleared of all debris to the satisfaction of the proper
official of the City. In the event of the applicant's failure to do so, the
performance bond or cash deposit shall be forfeited to the City. The per-
formance bond or cash deposit shall also be forfeited to the City if the
requirements of this subsection are not complied with by July 10th of each year.
(Ord. 2221 ~2, 6-28-82; Ord. 2050 Ch. 8 ~5, 1-1-80.)
5.32.060 Permit - Number Limited. No person, firm or corporation shall
receive more than one permit for the sale of common fireworks within the City
during anyone calendar year. A permit granted pursuant to this Chapter shall
entitle the permittee to maintain two retail outlets for the sale of common
fireworks within the City. (Ord. 2221 ~3, 6-28-82; Ord. 2136 ~ 1, 5-3-81; Ord.
2050 Ch. 8 ~6, 1-1-80.)
5.32.070 Sale of Fireworks - Requirements. The sale of fireworks shall
only be permitted in accordance with this Chapter and the requirements of
Chapter 70.77 RCW, as now enacted or hereafter amended; provided that no
fireworks shall be sold to any person under sixteen (16) years of age; and
further provided that no fireworks shall be sold after nine o'clock P.M. on the
4th day of July of each year, except as provided in RCW 70.77.311. (Ord.2639
~2, 6-18-92; Ord. 2537 ~ 1, 6-20-90; Ord. 2221 ~4, 6-28-82; Ord. 2050 Ch.
8 ~7, 1-1-80.)
5.32.080 Dates When Use Permitted. No person, firm or corporation
shall use or explode any fireworks within the City except from 9:00 A.M. to
11:00 P.M. on the Fourth day of July of any year; provided, that this prohibition
shall not apply to duly authorized public displays, where the same are auth-
orized pursuant to the laws of the State. (Ord. 2537 ~2, 6-20-90; Ord. 2050 Ch.
8 ~8, 1-1-80.)
5.32.090 Temporary Stand - Location - Construction. The sale of fire-
works as authorized in this Chapter shall be from temporary fireworks stands
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5.32.090 -
5.36.010
only, which shall be constructed and operated in accordance with the following
regulations:
A. Temporary stands shall be located only in the CAD, CAD-R and
CBD zones as set forth in Ordinance No. 1709 on file in the office of the City
Clerk, as now existing or hereafter amended, and as shown on the Official
Zoning Map of the City.
B. Temporary fireworks stands need not comply with all of the pro-
visions of the Building Code; provided, however, all such temporary fireworks
stands shall be erected under the supervision of the Fire Chief and Building
Official of the City, or their duly authorized representatives, who shall require
all temporary fireworks stands to be constructed in a safe manner. In the event
any temporary fireworks stand is wired for electricity, such wiring shall conform
to the State Electrical Code and the Electrical Code of the City, and shall be
limited to the provisions of adequate lighting only. No part of a temporary
fireworks stand shall be less than twenty fee from an adjoining building. (Ord.
2050 Ch. 8 ~9, 1-1-80.)
Sections:
5.36.010
5.36.020
5.36.030
5.36.040
5.36.050
5.36.060
5.36.070
5.36.080
5.36.090
5.36.100
5.36.110
5.36.120
5.36.130
5.36.140
5.36.150
5.36.160
5.36.170
5.36.180
5.36.190
5.36.200
Chapter 5.36
FOR-HIRE VEHICLES
Definitions.
Number Restriction.
License - Required.
License - Application - Required Information.
License - Application - Inspection of Vehicles.
Equipment.
License - Issuance.
Operation Regulations.
Driver's License - Qualifications.
Driver's License - Application - Information Required.
Driver's License - Application - Police Endorsement.
Driver's License - Fee.
Driver's License - Exhibition Required.
Driver's License - Temporary.
Driver's License - Nontransferable.
Fare - Filing - Posting Required.
Fare - Overcharge.
Fare - Refusal to Pay.
Fare - Schedule Change.
Insurance Requirement.
5.36.010 Definitions. The following definitions shall apply to the
provisions of this Chapter:
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Chapters:
8.04
8.05
8.08
8.24
8.36
8.40
Sections:
8.04.010
8.04.020
8.04.030
8.04.040
8.04.050
8.04.060
8.04.070
8.04.080
8.04.010 -
8.04.020
Title 8
HEALTH AND SANITATION
Nuisances
Abatement of Junk Vehicles
Food and Food Establishments
Disposal of Dead Animals
Medic I Program
Tattooing
Chapter 8.04
NUISANCES
Purpose.
Definitions.
Types of Nuisances.
Prohibited Conduct.
Enforcement - Request - Resolution.
Abatement - Suit.
Immediate Danger - Summary Abatement.
Penalties.
8.04.010 Purpose. The purpose of this Chapter is to exercise the police
power in relation to public nuisances and the abatement of such nuisances, to
protect the public health, safety and welfare, and to promote the economic
development of the City. It is also the purpose of this Chapter to prevent and
prohibit those conditions which reduce the value of private property, interfere
with the enjoyment of public and private property, create and constitute fire
and other safety and health hazards, and generally create a menace to the
health and welfare of the public and contribute to the degradation of the
character of neighborhoods and depreciation of property values. It is necessary
for the public health, safety and welfare to regulate, prevent and prohibit
conditions which may constitute disorderly, disturbing, unsafe, unsanitary, fly-
producing, rat-harboring, and/or disease-causing places, conditions, or objects.
It is also necessary for the public social and economic welfare to regulate,
prevent, and prohibit conditions which degrade the City's scenic attractiveness
and liveability and its economic development. (Ord. 2469 ~ 1, 1-22-88.)
8.04.020 Definitions. The words and phrases used in this Chapter,
unless the context otherwise indicates, shall have the following meanings:
A. "Abate" means to repair, replace, remove, destroy or otherwise
remedy the condition in question by such means, in such a manner and to such
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8.04.020 -
8.04.030
an extent as the enforcement officer, in his judgment, determines is necessary
in the interest of the general health, safety and welfare of the community.
B. "Disposable Package or Container" means all packages or
containers defined as such by rules and regulations adopted by the State of
Washington Department of Ecology.
C. "Enforcement Officer" means the City Manager or any City official
or employee designated by him.
D. "Junk" includes the storage of all old appliances, equipment, or
parts thereof, all old iron or other scrap metal, automobile tires, cardboard, old
lumber, old wood and mattresses, which items are not being used for their
intended purpose, and does not include orderly stacked firewood.
E. "Litter" means and includes all waste material, including but not
limited to disposable packages or containers thrown or deposited on public or
private property, including the depositing on public property or cars of
handbills, but not including the waste of primary process of mining, logging,
sawmilling, farming, or manufacturing.
F. "Premises" means any building, lot, parcel, real estate, land, or
portion of land whether improved or unimproved, including adjacent sidewalks
and parking strips.
G. "Refuse" means vegetable offal, animal offal, discarded food, cans,
bottles, waste paper, large tree limbs and all other waste substances from
private and public establishments and from residences; but shall not include
small amounts of weeds, twigs, grass, or other material resulting from the
normal tending of lawns and gardens.
H. "Responsible Person" means any agent, lessee, owner or other
person occupying or having charge or control of any premises.
I. "Weed", "vegetable growth" and "horticultural growth" mean and
include but are not limited to trees, plants, shrubs, bushes, flowers, garden
vegetables and grasses and further include all growths of every kind and
character, whether domestic or wild, causing the obstruction or interference or
detriment prohibited by this Chapter. (Ord. 2698 ~ 1, 7-31-92; Ord. 2469 ~ 1,
1-22-88.)
8.04.030 Types of Nuisances. Each of the following places, conditions,
or things is declared to constitute a public nuisance, and whenever the
enforcement officer determines that any of these conditions exist upon any
premises the officer may require or provide for the abatement thereof pursuant
to this Chapter:
A. The growing, maintaining, permitting or allowing of any weed,
vegetable or horticultural growth which either:
1. Overhangs, encroaches upon, obstructs or in any manner
interferes with the full and free use by the public of any street, sidewalk or
sidewalk area upon which such property so owned or occupied abuts; or
2. Has grown and died upon any premises owned, occupied
or in control of the responsible person or persons and which constitutes a
detriment to the public health, safety or welfare, including but not limited to
a fire hazard; or
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8.04.030 -
8.04.050
3. Is so overgrown upon any premises owned, occupied or in
control of the responsible person or persons, as to cause the degradation of the
character of the neighborhood, and for which a general rule of thumb shall be
an average length of 12" or more.
B. The existence of any junk, litter, or refuse within the City when
written complaint from two or more City residents who are impacted by the
present or potential effect of the condition on them or their property, has been
received by the City unless such materials are kept or stored in an orderly and
sightly manner and so as not to create a fire, safety, health or sanitary hazard.
C. The depositing, leaving or throwing away of any junk, litter or
refuse within the City for an unreasonable length of time beyond what is
necessary for proper disposal, which length of time shall be not less than thirty
(30) days, except at the City Landfill or in coyered containers or receptacles
acceptable to the enforcement officer of the City.
D. The causing or permitting to be discharged, placed or thrown, or
the throwing into, or upon any premises or any public street or alley of any
nauseous, foul or putrid liquor or substance, or any liquid or substance likely
to become nauseous, foul, offensive or putrid.
E. The maintaining, permitting or existence of any unsightly and
unsafe, partially destroyed building or structure, that has not been repaired or
removed within a reasonable period, and which period shall be not less than
sixty (60) days and not more than one (1) year. (Ord. 2469 ~ 1, 1-22-88.)
8.04.040 Prohibited Conduct.
A. It shall be unlawful for any responsible person(s) to create,
permit, maintain, suffer, carry on or allow, upon their premises, any of the acts
or things declared by this Chapter to be a public nuisance.
B. It shall be unlawful for any person to create, maintain, carry on
or do any of the acts or things declared by this Chapter to be a public nuisance.
(Ord. 2469 ~ 1, 1-22-88.)
8.04.050 Enforcement - Request - Resolution. The enforcement officer,
having knowledge of any public nuisance, shall cause the responsible person or
persons to be notified of the existence of a public nuisance on any premises and
shall request such person(s) to abate the condition within a designated
reasonable period. Upon the failure of such person(s) to abate the public
nuisance, the enforcement officer shall give written notice to said person(s) that
the City Council will consider initiating formal abatement proceedings. The
written notice shall be given not less than five (5) days before the meeting of
the City Council at which the initiation of formal abatement proceedings is
considered and at which the responsible person(s) and the public shall have the
opportunity to be heard. Upon determining that a public nuisance exists which
requires abatement, the Council shall adopt a resolution requiring the
responsible person or persons to abate such condition. The resolution shall
provide that in the event of the failure of such person(s) to abate the public
nuisance within ten (10) days from the date of the resolution, the same shall
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8.04.050 -
8.04.070
be abated by the City, and the costs to the City shall become a charge
collectible by any legally available means against the responsible person or
persons. In the case that the owner leases or rents the premises to another
responsible person or persons, such owner may request at the public hearing,
and the Council may include in the resolution, an extended abatement period
for such owner to be effective if the tenant fails to accomplish abatement
within the ten-day period, which extended abatement period shall allow the
owner to pursue unlawful detainer proceedings, and shall not exceed ninety
(90) days. Any legal action challenging the Council's abatement resolution
shall be brought in Clallam County Superior Court within ten (10) days of the
date of the resolution. In the case that the responsible person, or one of the
responsible persons, is the owner, the charge shall be a lien against the
property. The City shall, within thirty days after completion of the abatement
work, file or record with the County Auditor a claim for lien for the costs of
removal and disposal, which shall be in substance in accordance with the
provisions covering mechanics' liens in Chapter 60.04 RCW, and said lien shall
be foreclosed in the same manner as such liens. (Ord. 2698 ~ 1, 7-31-92; Ord.
2469 ~ 1, 1-22-88.)
8.04.060 Abatement - Suit. Whenever a public nuisance exists, as
determined by Resolution of the City Council pursuant to P AMC 8.04.050, the
City may proceed by a suit in the Clallam County Superior Court to enjoin and
abate it in the manner provided by Chapter 7.48 RCW as amended; or it may
elect to enforce the provisions of this Chapter by complaint, citation and/or
warrant in Clallam County District Court.
Whenever, in any action brought in the Superior Court, it is established
that a nuisance exists as defined in this Chapter, the Court shall, together with
the civil fine or penalty imposed, if any, enter an order of abatement as a part
of the judgment in the case, which order shall direct either:
A. That the nuisance be abated or removed by the defendant within
the time limited by the Court, and not exceeding thirty (30) days; or
B. That the nuisance may be abated by the City at the cost of the
defendant, in which case the Court shall inquire into and estimate as nearly as
may be the sum necessary to defray the expense of the abatement, and assess
and enter it as part of the penalty imposed, and the sum shall be a part of the
judgment in the case, and shall be collected and enforced in the same manner
that fines and costs are by law collected and enforced and as provided in RCW
7.48.280 as amended. (Ord. 2469 ~ 1, 1-22-88.)
8.04.070 Immediate Danger - Summary Abatement. Whenever any
condition or use of the premises causes or constitutes or reasonably appears to
cause or constitute an imminent or immediate danger to the health or safety
of the public or a significant portion thereof, and the responsible person(s)
cannot be contacted or refuse(s) to immediately abate the condition, the
enforcement officer shall have the authority to summarily and without notice
abate the same. The expenses of such abatement may become a civil debt
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8.04.070 -
8.05.020
against the owner or the responsible person and shall be collectible in the same
manner as any other civil debt owing to the City or as otherwise provided in
this Chapter. (Ord. 2469 ~ 1, 1-22-88.)
8.04.080 Penalties. In addition to the costs of abatement, any person
violating any portiones) of this Chapter shall be deemed to have committed a
civil infraction commencing upon the date that the enforcement officer or the
City Council had specified for completion of abatement, whichever date is later,
and shall be fined not less than $250 per violation, the first $25'0 of which shall
not be suspended or deferred. A separate offense shall be deemed committed
on each day during or on which a violation occurs or continues. (Ord. 2469 ~ 1,
1-22-88.)
Chapter 8.05
Sections:
8.05.010
8.05.020
8.05.030
8.05.040
8.05.050
ABATEMENT OF JUNK VEHICLES
Purpose.
Definitions.
Exemptions.
Abatement and Removal.
Violation - Penalty.
8.05.010 Purpose. The purpose of this Chapter is to preserve the
character and safety of the City's neighborhoods by eliminating as nuisances,
junk vehicles from private property, and to provide procedures for the removal
of junk vehicles as authorized by RCW 46.55.240. (Ord. 2698 ~ 1 (part),
7-31-92.)
8.05.020 Definitions. For the purpose of this Chapter, the following
words shall have the following meaning:
A "Junk Vehicle" means any vehicle substantially meeting all of the
following requirements: (RCW 46.545.010(4))
1. is three years old or older;
2. is extensively damaged, such damage including, but not
limited to, any of the following: a broken window or windshield or missing
wheels, tires, motor or transmission;
3. is apparently inoperable;
4. is without a valid, current registration plate;
5. has an approximate fair market value equal only to the
approximate value of the scrap in it.
B. "Enforcement Officer" means the City Manager or any City official
or employee designated by him.
C. "Landowner" means an owner of private property or a person in
possession or control of private property. (Ord. 2698 ~2 (part), 7-31-92.)
8-4.1
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Chapters:
14.01
14.03
14.05
14.21
14.22
14.24
14.26
14.28
14.32
14.36
14.40
Sections:
14.01. 010
Title 14
BUILDINGS AND CONSTRUCTION
Construction Codes
Buildinq Code
Electrical Code
Fire Code
Fire Alarms
Fire Zones
Automatic Fire Sprinkler Systems
Radio and Television Antenna
Movinq Buildinqs
Siqn Code
Off-Street Parking
CHAPTER 14.01
CONSTRUCTION CODES
14.01.010 Construction Codes Defined.
14.01.020 Purpose and POlicy.
14.01.030 Copy of Construction Codes on File.
14.01.040 Vested Rights.
14.01.050 Construction Near City utilities and
Easements.
14.01.060 Enforcement Authority.
14.01.070 Right of Entry.
14.01.080 Inspection of Concealed Work.
14.01.090 Appeals.
14.01.100 Violations and Penalties.
14.01.110 Liability for Injury or Damage.
14.01.010 Construction Codes Defined. Building
construction within the City of Port Angeles shall be
governed by the following listed 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:
A. The Uniform Building Code;
B. The Uniform Mechanical Code;
C. The Uniform Fire Code;
D. The Uniform Plumbing Code;
E. The Washington State Regulations for Barrier
Free Facilities;
F. The Washington State Energy Code;
G. The Uniform Sign Code;
H. The Uniform Code for the Abatement of Dangerous
Buildings;
I. The National Electrical Code and the State
Electrical Laws;
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14.01. 010 -
14.01. 060
J. Stand-Alone Construction Ordinances, as adopted
by the Port Angeles city Council and as approved by the
Washington state Building Code Council when required by
State law. (Ord. 2552 ~1, 10-25-89.)
14.01.020 Purpose and Policv. 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 wi thin the City be admin-
istered 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, 10-25-89.)
14.01.030 Copv of Construction Codes on File. One
copy of each construction code of the Ci ty of Port
Angeles shall be on file with the City Clerk and will be
available for public review. (Ord. 2552 ~1, 10-25-89.)
14.01.040 Vested Riqhts. 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, 10-25-89.)
14.01.050 Construction Near Ci tv 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 construc-
tion codes. Any cost incurred by the City in modifying
or relocating utilities brought about by such construc-
tion, 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, 10-25-89.)
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 commis-
sioned 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 officials and employees shall be known as
"enforcement officers" and shall have the authority to
issue citations and perform all other necessary admin-
istration and enforcement actions as provided in said
construction codes and in Title 14 PAMC. (Ord. 2552 ~1,
10-25-89.)
14-2
8-90
14.01. 070
14.01. 090
14.01. 070 Riaht of Entrv. 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, 10-25-89. )
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, 10-25-89.)
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 alter-
native 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 unex-
pired 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 admin-
istrative 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.
D. Filina 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 appeal-
able issue. Such appeal shall be filed in writing with
14-3
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14.01. 090
the city Clerk within thirty (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.
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 appel-
lants;
4. A brief statement in ordinary and concise
language of the specific order, decision, or determina-
tion 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 determina-
tion 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. Schedulinq and Noticinq 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 (10) days nor more than sixty (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 (10) 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 Findinqs 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
14-4
8-90
14.01. 090 -
14.01. 110
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 applic-
able construction code, reverse or affirm, wholly or in
part, or may modify, the order, decision, or deter-
mination 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 fifteen (15)
days from the date of service by either personal delivery
or deposit in the United States Mail the appellant files
a petition for writ of certiorari 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. 2552 ~1,
10-25-89.)
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. (Ord. 2552 ~1, 10-25-89.)
14.01.110 Liabili tv for Iniurv or Damaqe. 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 inspec-
tions 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,
10-25-89.)
14-5
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14.03.010 -
14.03.020
CHAPTER 14.03
BUILDING CODE
Sections:
14.03.010 Uniform Codes Adopted.
14.03.020 Amendments to Uniform Codes.
14.03.030 Factory-Built Housing and Factory-Built
Commercial Structures.
14.03.040 Fees.
14.03.010 Uniform Codes Adopted. Pursuant to
Chapters 19.27 and 19.27A RCW and 51-16 WAC, the
following Codes are adopted subj ect to the amendments set
forth in Ch. 51-16 WAC and PAMC 14.03.030:
A. Uniform Building Code, including Appendix,
Chapter 1, except subsection 110(b), Appendix Chapters
7 and 32, and Uniform Building Code Standards, 1988
Edition, published by the International Conference of
Building Officials;
B. Uniform Mechanical Code, 1988 Edition,
including Appendix B, Chapter 22, published by the
International Conference of Building Officials;
C. Uniform Fire Code and Uniform Fire Code
Standards, 1988 Edition, as specifically adopted in
Chapter 14.21 PAMC;
D. Uniform Plumbing Code, including Appendix C,
and Uniform Plumbing Code Standards, 1988 Edition,
published by the International Association of Plumbing
and Mechanical Officials;
E. The Washington State Regulations for Barrier
Free Facilities, as adopted and amended by the Washington
State Building Code Council and codified at Chapter 51-
10 WAC, establishing standards for making buildings and
facilities accessible to and usable by the physically
handicapped or elderly persons as provided for in RCW
70.92.100 through 70.92.160;
F. The Washington State Energy Code, as adopted
and amended by the Washington Building Code Council, and
as codified in Chapter 51-12 WAC, and the Northwest
Energy Code, 1987 edition, as promulgated by the
Bonneville Power Administration, together with the
conversion standard equivalent code amendments to the
model energy code, December 24, 1986, edition as compiled
with the Northwest Energy Code, 1987 edition, all as
presently existing or as subsequently amended, provided
that:
(1) The Northwest Energy Code shall apply to
all new residential construction using electrical
space heating and all new nonresidential
construction using electrical space conditioning and
electrical lighting;
14-6
8-90
14.03.010
(2) The Washington state Energy Code shall
apply to all non-electrically space-heated
residential and nonresidential construction except
that new residential buildings, which are space-
heated with all other forms of space heating not
covered by the Northwest Energy Code, shall be
designed to achieve energy use efficiency equivalent
to energy use achieved in typical buildings
constructed with:
(a) Ceilings insulated to a level of R-
30 (R value includes insulation only) ;
(b) Walls insulated to a level of R-19
(R value includes insulation only), or
constructed with two-by-four members, R-13
insulation batts, R-3.2 sheathing, and other
normal assembly components;
(c) Below grade walls, insulated on the
interior side, to a level of R-19 (R value
includes insulation only), or if insulated on
the exterior side, to a level of R-10;
(d) Floors over unheated space insulated
to a level of R-19 (R value includes insulation
only) ;
(e) Slab on grade floors insulated to a
level of R-10 at the perimeter;
(f) Heat pumps with a minimum heating
season performance factor (HSPF) of 6.8 or with
all other energy sources with a minimum annual
fuel utilization efficiency (AFUE) of seventy-
eight percent;
(g) Double glazed windows with values not
more than U-0.65 when tested per AAMA standard
#1503.1-88; and,
(h) A maximum glazing area of twenty-one
percent of the floor area or, for purposes of
determining equivalent thermal performance, a
maximum glazing area of fifteen percent of the
floor area;
(3) The conversion standard equivalent code
amendments shall apply to any buildings
constructed pursuant to a building permit
issued on or after the effective date of this
ordinance, which buildings at the initial
construction were not required to comply with
the Northwest Energy Code, when such buildings
are subsequently converted to provide
electrical space heating or conditioning and
lighting.
G. Uniform Sign Code, 1988 Edition, published by
the International Conference of Building Officials;
H. Uniform Code for the Abatement of Dangerous
Buildings, 1988 Edition, published by the International
Conference of Building Officials.
14-7
8-90
14.01.010 -
14.01. 020
In case of conflict among the codes enumerated in
subsections A through D of this Section, the earlier
named Code shall govern over those fOllowing. (Ord. 2561
~1, 5-1-90; Ord. 2552 ~2, 10-25-89.)
14.03.020 Amendments to Uniform Codes. Pursuant
to RCW 19.27.040, RCW 19.27.060(3) and (4), and PAMC
14.04.020, the following amendments to the Uniform
Building Code, Uniform Plumbing Code, and Uniform Sign
Code are adopted:
A. Uniform Building Code, Chapter 5, Table 5-C is
amended by adding the following footnote:
(7) Type V-N construction prohibited in CBD -
Central Business District.
B. Uniform Building Code, section 3802(b) is
amended by adding the following:
5. In all buildings where the floor area
exceeds 6,250 square feet on all floors;
however, the area and height increases
specified in section 506(C) and 507 (for
sprinklers) shall be permitted. For the
purpose of this sUb-section, portions of
buildings separated from the rest of the
building, in accordance with section 505(e),
with openings allowed by the Uniform Building
Code protected by the installation of approved
magnetic hOld-open devices which are activated
by smoke detection devices installed on both
sides of said openings, may be considered as
separate buildings.
C. Uniform Building Code, Appendix Chapter 32,
section 3212, is amended to require that all cedar
shingles be removed prior to any reroof.
D. Uniform Plumbing Code, Appendix C, is amended
to add Footnote 14 as follows:
Required restroom facilities shall be main-
tained open and operable during business hours
where businesses are being conducted and in
other buildings when being used by employees,
occupants, or the public. Such public rest-
rooms shall be readily identifiable.
E. 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 recon-
structed unless in conformity with this code.
F. Uniform Sign Code, Chapter 3, Section 303:
Delete #3, signs less than 6' above grade.
G. Uniform Sign Code, Chapter 4, delete Table 4-
B. In lieu thereof, Chapter 45, Section 4505(b) of the
Uniform Building Code, 1988 Edition, shall apply to
projection of signs. (Ord. 2565 ~1, 2-14-90; Ord. 2552
~ 2, 10-25-89.)
14-8
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14.03.030 -
14.03.040
14.03.030 Factorv-Built Housina and Factorv-Built
Commercial structures. 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,
10-25-89.)
14.03.040 Fees. The fees set forth in the codes
adopted in PAMC 14.03.020 shall apply in all instances
except for the following:
A. The permit fee for the installation of a
modular or mobile home shall be $150.
B. The mechanical permit fee for installation of
a solid-fuel burning appliance shall be $45.
C. Sign permit fees shall be according to the
schedule set forth in this subsection.
1. Sign Permit Fee Schedule
Tvpe of Sian Sian Size
25-50 50-99
sa. ft. sa. ft.
Over 100
sa. ft.
Wall or marquees, non-
electric $25
Wall or marquees, electric
Freestanding and projecting
Freestanding, projecting,
electric, less than
25 sq. ft.
All other electric, less
than 24 sq. ft.
All non-electric, less than
25 sq. ft.
Supergraphic on building
(any size) 15
2. 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.
3. 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.
D. Surcharges enacted pursuant to Chapter 19.27
RCW and remitted to the State Treasurer shall be $4.50
for each building permit, plus $2 for each additional
residential unit.
E. The inspection fee for call-back plumbing
inspections shall be $10. (Ord. 2552 ~2, 10-25-89.)
$30
$35
40
50
50
70
30
40
15
10
10
14-9
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14.05.010 -
14.05.030
CHAPTER 14.05
Sections:
ELECTRICAL CODE
14.05.010 Purpose and Scope.
14.05.020 Adoption of Electrical Code.
14.05.030 Definitions.
14.05.040 Office of the Electrical Inspector.
14.05.050 Electrical Permit Required.
14.05.060 Electrical Permit Applications.
14.05.070 Electrical Permit to the Owner.
14.05.080 Filing of Drawings and Specifications.
14.05.090 Inspection of New Electrical Work.
14.05.100 Inspection of Existing Electrical Work.
14.05.110 certificate of Final Inspection.
14.05.120 Temporary Use of Electric Current.
14.05.130 Unlawful Wiring.
14.05.140 Electrical Installations.
14.05.150 Deletions From the National Electrical
Code.
14.05.160 Wiring Methods.
14.05.170 Wiring Specifications.
14.05.180 Inspection and Permit Fees.
14.05.010 Purpose and Scope. This Chapter is
intended to regulate the installation, alteration, exten-
sion, and repair of electrical wiring, materials, appli-
ances, apparatus, devices, and equipment in the City of
Port Angeles. This Chapter does not apply to electrical
equipment or central stations or substations or control
of electrical energy for light, power, telephone, or
telegraph, or to electrical construction governed by
Chapter 19.29 RCW and Chapter 296-44 WAC. This Chapter
shall apply to all electrical conductors and equipment
installed, used, rented, offered for sale or distributed
for use in the city. (Ord. 2552 ~3, 10-25-89.)
14.05.020 Adoption of Electrical Code. The 1987
Edition of the National Electrical Code (NFPA 70-1987)
and the State of Washington Electrical Laws as set forth
in Chapter 19.28 RCW and Chapters 296-46 and 296-401 WAC,
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 in the State of Washington
Electrical Laws, such specific requirement of the State
of Washington Electrical Laws shall govern. (Ord. 2552
~3, 10-25-89.)
14.05.030 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this Chapter.
14-10
8-90
14.05.030 -
14.05.050
A. "Electrical Work" means the installation,
alteration, extension, and/or repair of electrical
wiring, materials, appliances, apparatus, devices, and/or
equipment.
B. "Inspector" shall mean the Electrical Inspector
of the Light Department or his qualified subordinate to
whom his responsibilities have been delegated.
C. "Owner" shall mean the legal owner(s) of the
property on which the electrical work is being done. It
shall also include the owner doing his own electrical
work on his own property.
D. "Contractor" shall mean the person, firm, or
corporation acting on behalf of, or as an agent of the
owner, in the installation of electrical work, equipment,
and/or appliances. (Ord. 2552 ~3, 10-25-89.)
14.05.040 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 Light Department Director, 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 installa-
tion or alteration of electric wiring, devices, appli-
ances, 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 layout work or act as
a consultant to contractors, electricians, or owners.
(Ord. 2552 ~3, 10-25-89.)
14.05.050 Electrical Permit Reauired. 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.
Exceptions to this requirement are as follows:
A. Electrical permits will not ordinarily 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.
B. Electrical permits shall not be required for
the installation of temporary wiring for testing
electrical apparatus or equipment, with prior approval
of the Inspector.
14-11
8-90
14.05.050 -
14.05.070
C. Upon approval of the electrical permit and
payment of the appropriate fee as set forth in PAMC
14.05.180, the electrical permit will be issued to the
applicant. (Ord. 2552 ~ 3, 10-25-89.)
14.05.060 Electrical Permit Applications.
A. Applications for electrical permit shall be
made in writing to the Office of the Electrical Inspector
and shall state the name of the contractor, phone number,
the owner, the project address, and a description of the
work to be done.
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. All electrical work for a commercial or
residential building or structure shall be performed by
a licensed and bonded contractor unless exempted by PAMC
14.12.070.
D. 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 auth-
orized by such permit is not commenced within sixty (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 (6) months. In such circumstances another permit is
required before work may (re) commence.
E. An address shall be provided for the location
of the electrical' work. (R. F. D. box number or street
intersections are not acceptable.) (Ord. 2552 ~3,
10-25-89.)
14.05.070 Electrical Permit to the Owner.
A. An electrical permit to perform electrical work
in or on the owner's residence or structure may be issued
to the owner, provided the following conditions are
satisfied:
1. The electrical work shall be done by the
owner of the property.
2. If requested, the owner shall provide
documentation (e.g., copy of deed and driver's license)
and sign an affidavit stating that he or she is the owner
of the property and that he or she will be doing the
electrical work.
B. If it is apparent from the character of the
electrical work that was completed that the owner is not
qualified to do the electrical work, the Inspector may
require that the portion of the electrical work that is
in violation of this Chapter to be changed, altered, or
repaired by a licensed and bonded contractor. (Ord. 2552
~3, 10-25-89.)
14-12
8-90
14.05.080 -
14.05.090
14.05.080 Filinq of Drawings and Specifications.
All applicants requesting electrical permits for commer-
cial and industrial projects, as defined in WAC 296-46-
140, shall submit plans and specifications of the elec-
trical work for review. The plans and specifications
shall include the site plan (utility locations, building
service location, and padmount transformer locations, if
applicable), riser diagram (one-line diagram), connected
load breakdown, number of phases, voltage, and building
wiring plan. (Ord. 2552 ~ 3, 10-25-89.)
14.05.090 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 com-
pleted. 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 installa-
tion 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 fifteen (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 like-
wise 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.
2552 ~3, 10-25-89.)
14-13
8-90
14.05.100
14.05.110
14.05.100 Inspection of Existinq 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 corpora-
tion owning, using, or operating the same, shall be
notified and shall make the necessary repairs or changes
required within fifteen (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. 2552 ~3,
10-25-89.)
14.05.110 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. No certificate shall be issued on any incom-
plete work.
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 auth-
orized 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 discon-
nected 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 equip-
ment, 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.
2552 ~3, 10-25-89.)
14-14
8-90
14.05.120 -
14.05.140
14.05.120 Temporarv Use of Electric Current. Per-
mission must be obtained from the Inspector for the tem-
porary use of electric current during the construction
or alteration of any building. 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. 2552 ~3, 10-25-89.)
14.05.130 Unlawful Wirinq.
A. It shall be unlawful for any person in any way
to alter any electrical wiring, or to permit such elec-
trical wiring to be altered unless done in conformity
with the provisions of this Chapter.
B. It shall be unlawful for any person to over
fuse any conductor, motor, or apparatus in excess of the
maximum allowed by this Chapter for such conductor,
motor, or apparatus, or to install any substitute in lieu
of an approved fuse or circuit breaker, or to interfere
with any automatic device, so as to reduce the factor of
safety of the same.
C. When an installation consisting of Edison-base
type plus fuses is considered to be over fused, the
Inspector shall, when he deems it necessary for the
safety of the property or the protection of life, require
the installation to be equipped with Type "S" (tamper
resisting) fuses or circuit breakers.
D. Master metering of multiple dwelling units is
prohibited. SUb-metering of buildings, existing mater
metered facilities, or multiple dwelling units is
prohibited for the resale of electricity, or for the
apportioning of costs between separate dwelling units,
tenants, or owners. (Ord. 2552 ~3, 10-25-89.)
14.05.140 Electrical Installations.
A. All new electrical installations shall conform
to the requirements of this Chapter. When an installa-
tion or any part of such installation is considered, upon
inspection, to be hazardous, 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% of the existing electrical facilities
have been or are expected to be modified, as determined
by square footage or by the Inspector, the entire elec-
trical wiring facilities shall meet the requirements of
this Chapter. A service change will be considered as a
minimum of 33.3% alterations to the electrical system.
14-15
8-90
14.05.140 -
14.05.160
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. 2552
~3, 10-25-89.)
14.05.150 Deletions From the National Electrical
Code. The exceptions listed in Article 230-41, Article
305-6(b), Article 333, Article 334 (except for industrial
use), and Article 338-2 (SE cable only), of the National
Electrical Code shall not be applicable and are hereby
deleted. Compliance with said Articles or Sections of
the National Electrical Code shall not be considered as
compliance with the provisions of this Chapter. (Ord.
2552 ~3, 10-25-89.)
14.12.160 Wirinq Methods.
A. Wiring methods for institutional, educational,
health care facilities, and places of assembly of one
hundred or more persons shall be wired as set forth in
Article 518 of the 1987 Edition of the National Elec-
trical Code; the wiring methods in Section 518-4,
Exception 1, shall not be permitted. For determining the
occupant load of places of assembly, the methods in NFPA
101, Life Safety Code, shall be used.
B. All new or remodeled commercial or industrial
buildings that exceed a total of 5,000 square feet shall
be wired in an approved raceway. 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 any feeder to a panel,
shall be wired in an approved raceway.
C. In multi-family occupancy buildings (i.e.,
apartment houses, hotels, motels, and dormitories),
nonmetallic sheathed cable, with grounding conductor, may
be used as the wiring method for branch circuits in such
wood frame occupancies of not more than three (3 )
stories, not including a basement which is used for
storage.
D. All mains and circuits exceeding 300 volts
between conductors, and circuits exceeding 150 volts to
ground, shall be installed in approved raceways.
E. 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.
14-16
8-90
14.05.160 -
14.05.170
F. Wood used for support or other purposes in
electrical installations, in contact with the earth or
subject to moisture, shall be pressure treated and
labeled for earth contact.
G. Electric meters shall not be permitted inside
buildings or within carports or porches without written
approval of the Inspector.
H. Where more than one electric meter is used, a
permanent label shall be attached on each meter base
showing the apartment or unit number.
I. For industrial and heavy commercial buildings
using cable trays, metal clad cables will be acceptable
for service and feeder conductors when approved by the
Inspector.
J. The smallest size cable permitted for commer-
cial use is No. 12 AWG copper for power conductors.
K. 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.
L. Bathroom receptacles shall not be on the same
circuit as the receptacles in the garage.
M. In Fire Zone #1, non-metallic conduit will be
allowed for exterior use only.
N. On current transformer metering, a lockable
main disconnect switch(s) shall be required. (Ord. 2552
~3, 10-25-89.)
14.05.170 Wirinq Specifications.
A. In single-family units, 1,000 square feet gross
floor area or more, a 200 amp service shall be installed.
B. On multiple occupancies with service laterals,
a minimum of six (6) meter minimum groupings are
required. All single electric meters shall be between
four and one-half (4.5) feet and six (6) feet from
finished grade to the center of the meter glass.
c. Breakers are required at all meters in "meter
pack" installations not having a main breaker ahead of
the meter.
D. Insulation in attics or crawl spaces shall not
conceal junction, pull, or outlet boxes.
E. Removal of panels, pipe, and unused wire and
electrical equipment that has been abandoned is required
to complete an electrical installation.
F. Underground water pipes shall not be laid in
the same trench with an electrical service wire unless:
1. A minimum horizontal separation of three
(3) feet is maintained at all points along the line; or
2. All electrical wires are enclosed within
an approved raceway and a minimum horizontal separation
of one (1) foot shall be maintained.
Where water service pipes cross electrical service
wires, a minimum vertical separation of one (1) foot
shall be maintained.
G. The panel ampacity in mUlti-family dwellings
shall have a minimum rating of 100 amps.
14-17
8-90
14.05.170 -
14.05.180
H. The service equipment grounding electrode
conductor and bond conductor shall be copper only.
Aluminum shall be prohibited. (Ord. 2552 ~3, 10-25-89.)
14.05.180 Inspection and Permit Fees. The fees for
electrical inspections shall be as stated herein; pro-
vided that said fees shall not exceed those established
in RCW 19.28.210. For the purpose of calculating said
fees, amperage shall be based on the larger of the
conductor ampacity or the over current device.
A. The fee for inspection of the installation,
alteration, extension, and repair of electrical wiring,
materials, appliances, apparatus, devices, and equipment
of the following service(s), or feeder(s), is:
RESIDENTIAL COMMERCIAL/ ADDITIONAL
SERVICES INDUSTRIAL FEEDERS
AMPERAGE COLUMN A COLUMN B COLUMN C
o - 100 AMP $ 30 $ 40 $ 10
125 - 200 AMP 40 60 15
201 - 400 AMP 55 100 25
401 - 600 AMP 70 140 35
601 - 1000 AMP 85 180 45
1001 - over AMP 100 220 55
Temporary service 20 *
* 50% of Column B
1. There shall be no additional fee for
inspection of branch circuits when included in the
service/feeder permit.
2. The residential service fee specified in
Column A shall be paid for a single-family residential
service, for a mUlti-family residential service (per
service, up to but not exceeding a four-plex), and for
each service, or the first feeder, when the service is
not being installed, decreased/increased, or altered.
3. The commercial and industrial service fee
specified in Column B shall be paid for each service, or
the first feeder, when the service is not being
installed, increased, or altered; for secondaries of
transformers that have a capacity greater than 600 VA;
for each service or feeder that is over 600 volts; and
for a mUlti-family residence larger than a four-plex.
4. The additional feeders fee specified in
Column C shall be paid for inspections with a service or
feeder in Column A or B at the same time and on the same
permit.
B. The following fees shall apply to the
electrical inspection of each of the following units and
additional units inspected at the same time and same
location:
14-18
8-90
Single/First
Unit
14.05.180
Additional Units
(Maximum of 5)
Column B
1.
Column A
Mobile home, modular
home or commercial
service (200 AMP
Max. )
*
Mobile home feeder
Each lot for a
recreational vehicle
Berth at a marina
or dock
Motors, 10 HP or
larger
Signs
Hot tub (permanent)
5
5
*
*
25
20
5
*
5
2.
3 .
20
5
4.
20
5
5.
6.
7.
20
25
20
*
Total fee for inspection of one service and feeder
when they are inspected at the same time is $30.
C. For new circuits, circuit extensions, and
circuit alterations where the service or feeder is not
modified, the permit fee shall be $20 for up to and
including four circuits inspected at the same time on the
same premises under a single permit, plus $1 for each
additional circuit over four circuits.
D. Low voltage systems. The fee for inspection
of residential burglar or fire alarm systems, and other
Class 2, low voltage systems, shall be $20 for one to
four circuits (zones) plus $1 for each additional circuit
(zone) . For commercial or industrial Class 2, low
voltage system installations, the minimum fee shall be
$20 for the control panel plus $1 for each circuit (zone)
inspected at the same time.
E. The fee for emergency, standby, and resource
recovery generators up to 50 KVA is $20. The fee for a
generator installation larger than 50 KVA, or that is the
main source of power, is that for the applicable service
in subsection A of this section.
F. Block Permit. A firm, corporation, or other
enti ty which has a regularly employed electrical mainten-
ance staff, which is exempted from the requirement to
have an electrician certificate of competency by RCW
19.28.610, may choose to purchase a monthly electrical
work permit for work done by in-house electrical
personnel rather than a work permit for each installation
or alteration in accordance with this Section. Work done
by contractors shall not be included in this block
permi t. The Inspector shall determine the maximum number
of hours allowed on the block permit. This will entitle
the purchaser to inspections for a period determined by
the Inspector. Fees will be determined on an individual
basis by the Inspector, based on the estimated inspection
time required.
G. Fees for carnival electrical inspections. The
fee shall be $40 for the first ten rides, concessions,
or generators, and $2 each for all additional rides,
concessions, and generators.
14-19
8-90
14.05.080
H. Trip fees. A fee of $20 in addition to the
applicable inspection~fee shall be paid before approval
of the installation each and every time the following
services are required:
1. Requests to inspect existing installa-
tions. After the first half-hour an additional $20 fee
shall be provided for each one-half hour of inspection
time.
2. Trips to inspect when the permit applicant
has given notice to the Inspector that the work is ready
for inspection when it is not.
3. An additional inspection trip is necessary
because the permit applicant has given an erroneous or
incomplete address, or the premise is not accessible.
4. More than one additional inspection trip
per permit to inspect corrections required by the
Inspector as a result of carelessness or neglect, or for
improperly responding to a correction notice.
5. Each trip necessary to remove a non-
compliance citation from the job site, posted because
unlicensed electrical contractors or uncertified
electricians or trainees were working on the jObsite.
6 . When corrections have not been made in the
prescribed time, unless an extension of time has been
requested and granted.
7. When a final inspection has not been
requested and the occupant has occupied the building.
Furnishings indicate occupancy.
I. 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 forty-eight (48) hours after the start
of such work.
J. On jobs requiring partial or progress
inspections, "one" inspection of one-half hour duration
is allowed per $20 of fee.
K. The fee for a plan review shall be $32 an hour
with a one-hour minimum charge.
L. The fee for storm, fire, or other accident
damage repairs shall be 50% of a new service of like
ampacity, with a minimum charge of $20 (repair only, not
new construction due to accidental damage).
M. Special permit. For very small jobs requiring
an electrical permit as determined by the Inspector and
requiring no corrections. The fee for this permit will
be $10. Work requiring a cover inspection or additional
inspections shall not qualify. (Ord. 2552 ~3, 10-25-89.)
14-20
8-90
14.21.010 -
14.21. 020
CHAPTER 14.21
FIRE CODE
Sections:
14.21.010 Adoption of Uniform Fire Code, Appendices,
and Standards.
14.21.020 Bureau of Fire Prevention.
14.21.030 Aboveground Storage of Flammable Liquids.
14.21.040 Bulk Storage of Liquefied Petroleum.
14.21.050 Storage of Explosives.
14.21.060 Burning Limitations - Burning Permits
Required.
14.21.070 violations and Penalties.
14.21.010 Adoption of Uniform Fire Code, Appen-
dices, and Standards. 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 Uniform
Fire Code, including Appendices I-A, II-C, III-A, B, C,
V-A, and VI-A, and Uniform Fire Code Standards, 1988
Edition, published by the International Conference of
Building Officials and the Western Fire Chiefs Associa-
tion; provided, that, notwithstanding any wording in said
Code, participants in religious ceremonies shall not be
precluded from carrying hand-held candles; and provided
further, that Article 78, Fireworks, and Article 80,
Hazardous Materials, are deleted in their entirety.
(Ord. 2552 ~4, 10-25-89.)
14.21.020 Bureau of Fire Prevention.
A. The Uniform 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 (1)
certified copy of the number required by governing law
of such rules and regulations shall be filed with the
ci ty 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
14-21
8-90
14.21.020 -
14.21.060
powers and perform the duties of Fire Prevention Engineer
as set forth in this Code. (Ord. 2552 ~4, 10-25-89.)
section 14.21.030 Aboveqround Storaqe of Flammable
Liquids.
A. The limits referred to in section 79.501 of the
Uniform Fire Code, in which storage of flammable or
combustible liquids in outside aboveground tanks is
prohibited, are established in all zones except in the
M-2 zone adjacent to Port Angeles Harbor.
B. The limits referred to in section 79.1401 of
the Uniform Fire Code, in which new bulk plants for
flammable or combustible liquids are prohibited, are
established as follows: In all zone classifications
except that part of M-2 which lies west of Cedar street
as prescribed in Ordinance 1709 and subsequent ordinances
amending the same. (Ord. 2552 ~4, 10-25-89.)
14.21. 040 Bulk Storaqe of Liquefied Petroleum.
The limits referred to in section 82.104 (b) of the
Uniform Fire Code, in which bulk storage of liquefied
petroleum gas is restricted, are established as follows:
In all zone classifications except that part of M-2 which
lies west of Cedar Street as prescribed in Ordinance 1709
and subsequent ordinances amending the same. (Ord. 2552
~3, 10-25-89.)
14.21.050 Storaqe of Explosives. The limits
referred to in Section 77.106 (b) of the Uniform 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 M-2 zone which
lies west of Cedar Street as prescribed in Ordinance 1709
and subsequent ordinances amending the same. (Ord. 2552
~4, 10-25-89.)
14.21.060 Open Burninq Limitations - Burninq
Permits Required.
A. No garbage, dead animals, or materials
containing asphalt, petroleum products, paint, rubber
products, plastics or any substance which emits dense
smoke or obnoxious odors will be allowed to be burned.
B. Natural vegetation such as brush, leaves and
tree trimmings, may be burned upon private property in
accordance with the regulations of the Port Angeles Fire
Department upon obtaining a permit from the Fire
Department as provided in Sections C and D.
C. A one-day permit for open burning of natural
vegetation for a fire that will be no larger than four
feet in diameter shall be issued without charge by the
Port Angeles Fire Department verbally, by contacting the
Fire Department at 457-0411, extension 255, and leaving
the applicant's name and address.
D. A written permit, good for a five-day period,
is required for open burning of natural vegetation for
14-22
8-90
14.21.060 -
14.21.070
a fire that will be larger than four feet in diameter and
shall be issued only upon completion of an on-site
inspection, scheduled 24 hours in advance, by Fire
Department personnel. The fee for said permit is $25.00.
The permit period may be extended for a reasonable period
for good cause. The written copy of the open burning
permit and regulations shall be maintained on site at all
times during burning operations. (Ord. 2552 ~4,
10-25-89; Ord. 2582 ~1, 4-25-90.)
14.21.070 violations and Penalties. 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 regula-
tions adopted as conditions for the issuance of a permit
is committed, continued or permitted. Each such viola-
tion 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, 4-25-90.)
Sections:
14.22.010
14.22.020
14.22.030
14.22.040
14.22.050
14.22.060
14.22.070
14.22.080
14.22.090
14.22.100
14.22.110
14.22.120
14.22.130
Chanter 14.22
FIRE ALARMS
Purpose.
Definitions - Generally.
Definitions - Fire Alarm Types.
Permit - Required.
Permit - Application - Issuance.
Inspection and Approval of Installed
Systems Required.
Alarm Systems - General Operational
Standards.
Fire Alarm Systems Required.
Fire Alarm Systems - Automatic Detection
Systems Required.
Fire Alarm System - Additional Specific
Requirements.
Digital Alarm Communicator Systems.
Prohibited Equipment.
Existing Buildings.
14-23
8-90
14.40.010
Sections:
14.40.010
14.40.020
14.40.030
14.40.040
14.40.050
14.40.060
14.40.070
14.40.080
14.40.090
14.40.100
14.40.110
14.40.120
14.40.130
14.40.140
14.40.150
14.40.160
14.40.170
14.40.180
14.40.185
14.40.190
14.40.200
Chapter 14.40
OFF-STREET PARKING
Definitions.
Parking Space Requirements - Generally.
Parking Space Requirements - Commercial.
Parking Space Requirements - Industrial.
Parking Space Requirements - Public and
Institutional Uses.
Parking Space Requirements - Residential
Uses.
Parking Space Requirements - Unspecified
Uses.
Parking Space Requirements - Compact
Allowance.
Mixed Uses.
Cooperative Provisions.
Parking Space Requirement Modification -
New Uses in New Building.
Parking Space Requirement Modification -
New Uses in Existing Structures.
Parking Space Requirement Modification -
Expansion of Existing Uses in Existing
structures.
Parking Space Modification Requirements
- Existing Uses in Existing Structures.
Improvement of Parking Spaces.
Parking Space Requirements - Variances.
Building Permits.
Use of Parking Spaces.
Parking Lot Activities Standards.
Revocation of Permit - Appeals.
Violation Deemed Misdemeanor.
14.40.010 Definitions.
A. The following terms shall have the designated
meanings for the purposes of this Chapter, unless the
context indicates otherwise:
1. "Standard-car parking space" means one
hundred sixty-six and one-half square feet of parking lot
area, nine feet by eighteen feet six inches 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. "Compact-car parking space" means one
hundred twenty square feet of parking lot area, eight
feet by fifteen 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 compact-car
parking space.
14-56
8-90
14.40.010 -
14.40.030
3. "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.
4. "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, maintenance and
cleaning supply rooms of 50 square feet or less, and
equipment and machinery rooms not used directly in the
manufacture, production, storage or sale of goods or
services.
5. "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.
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 indi-
cates otherwise. (Ord. 2568 ~1, 3-14-90; Ord. 2228 ~1,
8-31-82; Ord. 1588 ~1, 6-15-66.)
14.40.020 Parkinq Space Requirements - Generally.
For all land uses there shall be established and main-
tained permanent off-street parking spaces, either on the
zoning lot of the use, or within one hundred feet of the
property boundaries (excluding public streets and alleys)
of the zoning lot. The required number of parking spaces
shall be determined as follows:
A. The number of required spaces shall be deter-
mined by reference to Sections 14.40.030 through
14.40.080.
B. If applicable, Sections 14.40.110 through
14.40.140 shall then be used to determine whether the
number of spaces required by subsection A of this Sec-
tion is modified. (Ord. 2703 ~1, 8-14-92; Ord. 2228 ~2,
8-31-82; Ord. 1588 ~2, 6-15-66.)
14.40.030 parking Space Requirements - Commercial.
A. Banks, business and professional and govern-
mental offices shall provide one parking space for each
two hundred square feet of floor area of the building.
B. Bowling alleys shall provide six parking spaces
for each alley.
C. Child care services or day care centers, as
defined in Chapter 388-73 WAC, as now enacted or here-
after amended, shall provide two parking spaces plus one
unloading space for those services or centers serving
twelve or fewer children, and one parking space per em-
ployee plus two parking spaces for unloading, for those
services or day care centers serving more than twelve
children.
D. Churches, mortuaries and funeral homes, shall
provide one parking space for each six seats in the
chapel.
14-57
8-92
14.40.030 -
14.40.050
E. Dancehalls shall provide one parking space for
each fifty square feet of floor area of the building.
F. Food stores, markets and shopping centers shall
provide one parking space for each two hundred square
feet of floor area of the building, with a minimum of
ten parking spaces.
G. Hotels and motels shall provide one parking
space for each sleeping unit.
H. Research, biochemical, X-ray and dental lab-
oratories shall provide one parking space for each two
hundred square feet of floor area.
I. Medical, optometrical and dental clinics and/
or offices shall provide six parking spaces for each
doctor.
J. Other retail establishments, such as furni-
ture, appliance, hardware stores, household equipment,
service shops, clothing or shoe repair shops, shall pro-
vide one parking space for each two hundred square feet
of floor area of the building, with a minimum of six
spaces.
K. Restaurants, taverns, and any establishment
for the sale and consumption on the premises of food,
alcoholic beverages or refreshments, shall provide one
parking space for each one hundred square feet of floor
area of the building, with a minimum of ten spaces.
L. Skating rinks and other commercial recreation
places shall provide one parking space for each two
hundred square feet of floor area of the building.
M. Telephone exchanges shall provide one parking
space for each employee, with a minimum of six spaces.
N. Theaters shall provide one parking space for
each three theater seats.
o. Trucking and transportation terminals shall
provide a minimum'of ten parking spaces.
P. Wholesale stores, warehouses, storage build-
ings and motor vehicles or machinery sales stores shall
provide one parking space for each two employees, with
a minimum of ten spaces. (Ord. 2228 ~3, 8-31-82; Ord.
1588 ~3, 6-15-66.)
14.40.040 Parkinq Space Reauirements - Industrial.
Manufacturing uses, including creameries, soft drink
bottling establishments, bakeries, canneries, printing
and engraving shops shall provide one parking space for
each three employees, with a minimum of ten spaces.
(Ord. 2228 ~4, 8-31-82; Ord. 1588 ~4, 6-15-66.)
14.40.050 Parkinq Space Reauirements - Public and
Institutional Uses.
A. Clubs, fraternal societies, places of assembly
and exhibition halls without fixed seats shall provide
one parking space for each fifty square feet of floor
area of the building.
B. Hospitals shall provide one parking space for
each bed.
14-58
8-90
14.40.050 -
14.40.070
c. Libraries shall provide one parking space for
each two hundred square feet of floor area, with a
minimum of ten spaces.
D. Museums shall provide one parking space for
each three hundred square feet of floor area.
E. Outdoor sports area or parks without fixed
seats shall provide parking spaces as determined by
Planning Commission review.
F. Parks and playgrounds shall provide parking
spaces as determined by Planning Commission review.
G. Preschools and kindergartens shall provide a
minimum of ten parking spaces.
H. Public and private golf clubs shall provide a
minimum of forty parking spaces.
I. Public swimming pools shall provide ten park-
ing spaces for each one thousand square feet of pool
surface area.
J. Riding academies shall provide one parking
space for each one hundred square feet of floor stable
area.
K. Elementary schools shall provide one parking
space for each classroom.
L. Junior high schools shall provide three park-
ing spaces for each classroom.
M. Senior high schools shall provide six parking
spaces for each classroom.
N. Junior colleges shall provide eight parking
spaces for each classroom.
o. Stadiums, sports areas, auditoriums and other
places of assembly shall provide one parking space for
each three seats.
P. Senior Centers shall provide one parking space
for every 135 square feet of floor area of the building.
(Ord. 2683 ~1, 3-27-92; Ord. 2228 ~5, 8-31-82; Ord. 2184
~1, 1-1-82; Ord. 2121 ~1, 2-1-81; Ord. 2028 ~1, 6-17-79;
Ord. 1588 ~5, 6-15-66.)
14.40.060 Parkinq Space Requirements - Residential
Uses.
A. Dormitories and apartment dormitories shall
provide two parking spaces for each sleeping unit.
B. Rooming and lOdging houses shall provide one
parking space for each sleeping unit.
C. Sani tariums, convalescent homes, nursing homes,
rest homes and homes for the elderly shall provide one
parking space for each three beds.
D. Single-family, two and three family dwellings,
and apartment buildings shall provide two parking spaces
per dwelling unit.
E. Trailer parks shall provide two parking spaces
for each trailer space. (Ord. 2228 ~6, 8-31-82; Ord.
2081 ~1, 6-1-80; Ord. 2028 ~2, 6-17-79; Ord. 1588 ~6,
6-15-66.)
14.40.070 Parkinq Space Requirements - Unspecified
Uses. If a use is not otherwise specifically mentioned
14-59
3-92
14.40.070 -
14.40.120
in Sections 14.40.030 through 14.40.060 of this Chapter,
the requirements for off-street parking facilities shall
be the same as the requirements for off-street parking of
the use which, as determined by the Planning Director,
has the most similar parking need and land use
characteristics. (Ord. 2228 ~7, 8-31-82; Ord. 1588 ~7,
6-15-66.)
14.40.080 Parkinq Space Requirements - Compact
Allowance. When more than ten off-street parking spaces
are required for a particular use, up to fifty percent of
the required spaces may be compact-car parking spaces.
(Ord. 2228 ~8, 8-31-82; Ord. 1588 ~8, 6-15-66.)
14.40.090 Mixed Uses. In the case of a mixture of
uses on one zoning lot or in one building, the total re-
quirements 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 14.40.100 of this Chapter. (Ord. 2228 ~9,
8-31-82; Ord. 1588 ~9, 6-15-66.)
14.40.100 Cooperative Provisions. Parking facili-
ties may be cooperatively used by different land uses,
when the times of the use of such parking spaces by each
use are nonsimultaneous. (Ord. 2228 ~10, 8-31-82; Ord.
2121 ~2, 2-1-81; Ord. 1588 ~10, 6-15-66.)
14.40.110 Parkinq Space Requirement MOdification _
New Uses in New Building. For any new use in a new
building, the required number of parking spaces shall be
determined by the requirements of Sections 14.40.030
through 14.40.080. (Ord. 2228 ~11, 8-31-82; Ord. 2028
~3, 6-17-80; Ord. 1588 ~11, 6-15-66.)
14.40.120 Parkinq Space Requirement Modification _
New Uses in Existinq structures. A change of use in an
existing building where the use meets the parking
requirements of this Chapter must provide parking for the
new use as required by this Chapter. If a change of use
is proposed for an existing building where the use does
not meet the requirements of this Chapter, the new use
may occur only if the degree of non-conformance is not
increased. For the purposes of this Section, the degree
of non-conformance is defined as the number of parking
spaces required minus the number of parking spaces
provided. (Ord. 2667 ~1, 1-17-92; Ord. 2228 ~12,
8-31-82; Ord. 2097 ~1, 8-19-80; Ord. 2028 ~4, 6-17-79;
Ord. 1588 ~12, 6-15-66.)
14-60
3-92
14.40.130 -
14.40.150
14.40.130 Parkinq Space Requirement Modification -
Expansion of Existinq Uses in Existinq Structures. For
an expansion in the use of an existing building or
structure which enlarges the floor area, addi tional
parking spaces need not be established, if the follow-
ing requirements are met:
A. The use and structure or building, prior to
its enlargement or increase in floor area, is in con-
formance 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 one hundred and fifteen percent of the spaces
required for the expansion of the use or building. If
the number of spaces required exceeds one hundred and
fifteen percent, the required spaces in excess of one
hundred and fifteen percent shall be established and
maintained. (Ord. 2228 ~ 13, 8-31-82; Ord. 2 028 ~ 5,
6-17-79; Ord. 1588 ~13, 6-15-66.)
14.40.140 Parkinq Space Modification Reauirements
- Existinq Uses in Existinq Structu~es. Existing uses
occupying existing structures or buildings as of the
effective date of the ordinance codified in this Chapter
may continue until there is a change in use. (Ord. 2228
~14, 8-31-82; Ord. 2028 ~6, 6-17-79; Ord. 1588 ~14,
6-15-66. )
14.40.150 Improvement of Parkinq Spaces.
A. Any parking spaces provided to comply with the
terms of this Chapter, other than for single-family de-
tached residences, shall be improved in accordance with
the following requirements:
1. They shall be contoured and drained so as
to collect the drainage on the site, and discharge the
drainage by an approved method to an approved drainage
collection system;
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. Wheel stops shall be installed where
necessary to prevent encroachment upon public rights-of-
way.
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 improve-
ment 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 park-
14-61
8-90
14.40.150 -
14.40.170
ing facilities. Before granting such temporary occu-
pancy, the Director of Public Works must determine that
construction of the parking facilities prior to occu-
pancy of the building would not represent sound con-
struction practice, due to weather conditions, avail-
ability of materials and/or difficult site conditions,
and the acceptance of such bond is therefore appro-
priate. Improvement bonds may be accepted for a period
not to exceed twelve 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 twelve months before
compliance with subsection A2 of this Section, provided
the parking facilities shall at least be graded and
graveled and be maintained in a good condition. At the
end of the twelve-month period, the parking facilities
must be in compliance with subsection A2 of this Sec-
tion, or a bond must have been provided and accepted in
accordance with subsection B of this Section. (Ord. 2228
~15, 8-31-82.)
14.40.160 parking Space Requirements - Variances.
A. A variance from the parking space requirements
of this Chapter, either as specifically provided by Sec-
tions 14.40.030 through 14.40.060 and 14.40.080, or as
determined by the Planning Director for an unspecified
use under Section 14.40.070, may be granted on written
request to, and after a public hearing by, the Port
Angeles Planning Commission. The Planning Commission
may impose such conditions upon the variance as it deems
necessary to comply with the purpose of this Chapter.
B. Such public hearing shall be conducted in ac-
cordance with the procedures for a public hearing on the
Zoning Ordinance of the City of Port Angeles.
C. The determination of the Planning Commission
shall be subject to review by the City Council, upon the
record before the Planning Commission. The City Council
may affirm, affirm with further conditions, or reverse
the decision of the Planning Commission. The Council's
decision shall be in writing. (Ord. 2228 ~16, 8-31-82.)
14.40.170 Buildinq Permits. Before the granting
of a building 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, or the acceptance
by the City of a bond for the off-street parking spaces
required by this Chapter; or
14-62
8-90
14.40.170 -
14.40.190
B. Proof that the applicant is a participant in
a parking association or parking and Business Improvement
Area (PBIA), which provides the total number of off-
street parking spaces which would otherwise be required
from each of the individual participating uses.
Applicants meeting all or a portion of their
required needs through the provisions of subsection B of
this Section must pay to the off-Street Parking Improve-
ment Fund an initial assessment amount of $600 for each
required parking space provided through membership in
the Parking Association or PBIA. (Ord. 2363 ~1,
12-4-85; Ord. 2228 ~17, 8-31-82.)
14.40.180 Use of Parkinq Spaces. Subsequent to
the issuance of a building permit, the number and loca-
tion 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 the issuance of a revised
building permit, including compliance with the require-
ments 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 land use authorized by
the building permit, and any permanent change in the use
from that purpose shall require a revised building
permit. (Ord. 2228 ~18, 8-31-82.)
14.40.185 Parkinq Lot Activitv Standards. All
parking lot activities shall comply with the following
standards:
A. No such activity shall occur in parking spaces
directly in front of entrances or windows of a building.
B. Such activities shall not occupy more than 10%
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 sucq activities shall comply with all other
applicable City Ordinances and State Statutes.
F. Each activity shall only be for a period not
to exceed thirty (30) days for private businesses and
sixty (60) days for private non-profit and charitable
organizations within a one calendar year period.
G. The location and activity shall not endanger
the public health, morals, safety and welfare. (Ord.
2568 ~2, 3-14-90.)
14.40.190 Revocation of Permit - Appeals.
A. A building permit issued pursuant to the terms
of this Chapter shall be revocable by the City Manager,
or his designee, for violation of any of the provisions
14-63
8-90
14.40.190 -
14.40.200
of this Chapter. Notice of the revocation of such per-
mit shall be given in writing, by ordinary mail, di-
rected 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 meeting,
at which the permit holder may present testimony as to
his compliance with the terms of this Chapter.
D. The City Council shall make written findings
of fact, as to the basis of any decision which it makes.
The City Council may sustain the revocation of the
permit, reinstate the permit with conditions, reinstate
the permit after a time certain, or immediately rein-
state the permit. (Ord. 2228 ~19, 8-31-82.)
14.40.200 Violation Deemed Misdemeanor. 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, con-
tinued, or permitted. Each such offense shall be punish-
able by a maximum civil fine of $500. (Ord. 2568 ~3,
3-14-90; Ord. 2228 ~20, 8-31-82.)
14-64
8-90
.
..
'-
Chapters:
15.04
15.08
15.12
15.16
15.20
15.24
Sections:
15.04.010
15.04.020
15.04.030
15.04.040
15.04.050
15.04.060
15.04.070
15.04.080
15.04.090
15.04.100
15.04.110
15.04.120
15.04.130
15.04.140
15.04.150
15.04.160
15.04.170
15.04.180
15.04.190
15.04.200
15.04.210
15.04.220
15.04.230
15.04.240
15.04.250
15.04.260
15.04.270
15.04.280
Title 15
ENVIRONMENT
Environmental Policy
Shoreline Manaqement
Flood Damaqe Prevention
Noise Control
Environmentallv Sensitive Areas Protection
Wetlands Protection
Chapter 15.04
ENVIRONMENTAL POLICY
State Environmental Policy Act Adopted.
SEPA Rules Adopted.
General Requirements.
Threshold Determinations.
Environmental Impact Statement (ElS).
Commenting.
Using Existing Environmental Documents.
SEPA and Agency Decisions.
Definitions.
Categorical Exemptions.
Agency Compliance.
Forms.
Additional Definitions.
Environmentally Sensitive Areas.
Lead Agency Determination and
Responsibilities.
Use of Exemptions.
Use of Environmental Checklist.
Use of Mitigated DNS.
Additional Timing Considerations.
Preparation of ElS.
Additional Elements to be Covered in an
EIS.
Designation of Official to Perform
Consulted Agency Responsibilities for
the City.
Designation of Responsible Official.
SEPA Public Information.
Fees.
Authority to Deny or Condition Action to
Mitigate or Prevent Adverse
Environmental Impact.
Public Notice
Appeals.
15-1
1-92
15.04.010 -
15.04.040
.
~
.)-
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, 10-1-84; Ord. 1886
~1, 7-15-76.)
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,
10-1-84; Ord. 1980 ~1, 7-29-78; Ord. 1886 ~2, 7-15-76.)
15.04.030 General Requirements. This part con-
tains 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
-050
-055
-060
-070
Definitions
Lead agency
Timing of the SEPA process
Content of environmental review
Limitations on actions during SEPA
process
-080 Incomplete or unavailable
information
-090 Supporting documents
-100 Information required of applicants.
10-1-84.)
(Ord. 2312 ~1,
15.04.040 Threshold Determinations. This part
contains the rules for deciding whether a proposal has
a "probable significant, adverse environmental impact"
re-quiring 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
-305
-310
-315
-330
-335
-340
Purpose of this part
Categorical exemptions
Threshold determination required
Environmental checklist
Threshold determination process
Additional information
Determination of nonsignificance
(DNS)
-350 Mitigated ONS
-360 Determination of s~gnificance (OS)/
initiation of scoplng
-390 Effect of threshold determination.
(
10-1-84.)
(Ord. 2312 ~1,
15-2
5-89
,
15.04.050 -
15.04.080
15.04.050 Environmental Impact statement (EIS).
This part contains the rules for preparing environmental
impact statements. The City adopts the following sec-
tions by reference:
WAC 197-11-400 Purpose of EIS
-402 General requirements
-405 EIS types
-406 EIS timing
-408 Scoping.
(Ord. 2312 ~l, 10-1-84.)
15.04.060 Commentinq.
for consulting, commenting,
vironmental documents under
public notice and hearings.
ing sections by reference:
This part contains rules
and responding on all en-
SEPA, including rules for
The City adopts the follow-
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, 10-1-84.)
15.04.070 Usinq Existinq 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 fol-
lowing sections by reference:
WAS 197-11-600 When to use existing environmental
documents
-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 ~l, 10-1-84.)
15.04.080 SEPA and Aqencv 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
15-3
5-89
15.04.080 -
15.04.090
f
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, 10-1-84.)
15.04.090 Definitions. This part contains uniform
usage and definitions of terms under SEPA. The City
adopts the following sections by reference, as supple-
mented 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
-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
15-4
5-89
..
"
15.04.090 -
15.04.110
WAC 197-11-776 Phased review
-778 Preparation
-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
(Ord. 2312 ~1, 10-1-84.)
action.
15.04.100 Cateaorical Exemptions. The City adopts
by reference the following rules for categorical exemp-
tions, as supplemented in the ordinance codified herein:
WAC 197-11-800 Categorical exemptions
-880 Emergencies
-890 Petitioning DOE to change
exemptions.
(Ord. 2312 ~1, 10-1-84.)
15.04.110 Aaencv 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
-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
15-5
5-89
15.04.110 -
15.04.140
4
WAC 197-11-936 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, 10-1-84.)
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 (OS)
-985 Notice of assumption of lead agency
status
-990 Notice of action.
(Ord. 2312 ~1, 10-1-84.)
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.
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
CONS) procedures). (Ord. 2312 ~1, 10-1-84.)
15.04.140 Environmentallv 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.
15-6
7-90
,
'-
15.04. 140 -
15.04.150
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, 6-27-90; Ord. 2312 ~1, 10-1-84; Ord. 1980
~3, 7-29-78; Ord. 1886, 7-15-76.)
15.04.150 Lead Aqencv Determination and Responsi-
bilities.
A. When the City receives or initiates a pro-
posal, 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 maj or action unless the lead agency has been pre-
viously 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 De-
partment shall prepare or require preparation of a de-
claration 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 fifteen days of receipt of the de-
termination, or the City must petition the Department of
Ecology for a lead agency determination pursuant to WAC
197-11-946 within the fifteen-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.
15-7
7-90
15.04.150 -
15.04.170
.
F. Any Department making a lead agency determina-
tion for a private project shall require sufficient in-
formation from the applicant to ascertain which other
agencies have jurisdiction over the proposal. (Ord. 2312
~1, 10-1-84; Ord. 1980 ~4, 7-29-78; Ord. 1886 ~5,
7-15-76.)
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 Offi-
cial shall determine whether the license and/or the pro-
posal is exempt. The Responsible Official's determina-
tion 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 re-
quire 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 Depart-
ment 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, 10-1-84.)
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 re-
quired, 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.
15-8
5-89
15.04.170 -
15.04.180
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 cur-
rently under consideration. (Ord. 2312 ~1, 10-1-84.)
15.04.180 Use of Mitiqated DNS.
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 fifteen (15) working
days. The response shall:
1. Be written;
2. State whether the City currently con-
siders issuance of a DS likely and, if so, indicate the
general or specific areas of concern that are leading
the City to consider a os; 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 thresh-
old determination on the changed or clarified proposal
and should make the determination within fifteen (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
15-9
5-89
15.04.180 -
15.04.190
notice, and the applicant changed or clarified the
proposal to include those specific mitigation measures,
the City shall issue and circulate a ONS 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 ONS, the city shall make the
threshold determination, issuing a ONS or OS as appro-
priate.
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 ONS may be incorporated in the ONS by
reference to agency staff reports, studies or other
documents.
F. A mitigated ONS is issued under WAC 197-11-
340 (2), requiring a fifteen-day comment period and public
notice.
G. Mitigation measures incorporated in the miti-
gated ONS 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 ONS for the proposal,
the City should evaluate the threshold determination to
assure consistency with WAC 197-11-340(3) (a) (withdrawal
of ONS) .
I. The City's written response under subsection
B of this Section shall not be construed as a determina-
tion of significance. In addition, preliminary discus-
sion 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. (Ord. 2312 ~1, 10-1-84.)
15.04.190 Additional Timinq Considerations.
A. For nonexempt proposals the ONS or Final EIS
for the proposal shall accompany the City's staff recom-
mendation 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 re-
quires 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, 10-1-84.)
15-10
5-89
15.04.200 -
15.04.220
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 Offi-
cial determines that the applicant will be required to
prepare an EIS, the applicant shall be so notified imme-
diately 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 re-
quired 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 Offi-
cial prior to distribution.
E. In all occasions of EIS preparation, the ap-
plicant is encouraged to provide information to the
Responsible Official. (Ord. 2312 ~1, 10-1-84; Ord. 1886
~7, 7-15-76.)
EIS.
15.04.210 Additional Elements to be Covered in an
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 applica-
tion, environmental checklist, and the City's economic
checklist. (Ord. 2312 ~1, 10-1-84.)
15.04.220 Desiqnation of Official to Perform Con-
sulted Aqencv Responsibilities for the city.
A. The City Manager shall be responsible for the
preparation of the written comments for the City in
15-11
5-89
15.04.220 -
15.04.250
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 com-
pliance 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, 10-1-84; Ord. 1886 ~8, 7-15-76.)
15.04.230 Desianation 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 prepara-
tion of any required EIS, and perform any other func-
tions assigned to the lead agency or Responsible Offi-
cial 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,
10-1-84; Ord. 1980 ~5, 7-29-78; Ord. 1886 ~8, 7-15-76.)
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, 10-1-84; Ord. 1980 ~7, 7-29-78.)
15.04.250 Fees. The following fees shall be re-
quired for actions by the City in accordance with the
provisions of this Chapter.
A. Threshold determination. For every environ-
mental assessment to be performed by the City when the
City is lead agency, a fee of fifty dollars 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 activi-
15-12
6-90
15.04.250 -
15.04.260
ties 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 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 divi-
sions 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 pro-
vided 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. 2312 ~1, 10-1-84; Ord. 1980 ~8,
7-29-78; Ord. 1886 ~10, 7-15-76.)
15.04.260 Authoritv to Denv or Condition Action to
Mitiqate 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 Chap-
ter are supplementary to those in the existing author-
ization 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 miti-
gate 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 accom-
plished; and
4.
local, State
the proposal
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:
The City has considered whether other
or Federal mitigation measures applied to
are sufficient to mitigate the identified
15-13
5-89
15.04.260
1. A finding is made that approving the pro-
posal would result in probable significant adverse en-
vironmental 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 rea-
sonable mitigation measures capable of being accomplished
that are sufficient to mitigate the identified impact;
and
3. The denial is based on one or more poli-
cies 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:
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 cul-
turally pleasing surroundings;
c. Attain the widest range of benefi-
cial uses of the environment without degradation, risk
to health or safety, or other undesirable and unintended
consequences;
d.
tural, and natural
Preserve important historical, cul-
aspects of our national heritage;
Maintain, wherever possible, an
supports diversity and variety of
e.
environment which
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:
a. The City Comprehensive Plan (Ordi-
nance No. 1885, as amended);
b. The City Zoning Ordinance (Ordinance
No. 1709, as amended);
c. The City Subdivision Regulations
(Ordinance No. 1631, as amended);
15-14
5-89
~
15.04.260 -
15.04.270
d. The Shoreline Master Program (Ordi-
nance No. 2033, as amended);
e., The City Environmental Policy Act
(PAMC 15.04);
f. 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 pro-
posal 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 news-
paper 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 O. 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. 2312 ~1,
10-1-84; Ord. 2099 ~1, 9-15-80; Ord. 1886 ~11, 7-15-76.)
15.04.270 Public Notice.
A. Whenever the City of Port Angeles issues a ONS
under WAC 197-11-340(2) or a OS under WAC 197-11-360(3)
the City shall give public notice as follows:
1. If public notice is required for a non-
exempt license, the notice shall state whether a OS or
ONS 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
ONS or OS 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 OS under WAC
197-11-360(3), the City shall state the scoping proce-
dure for the proposal in the OS as required in WAC 197-
11-408 and in the public notice.
B. Whenever the City issues a OEIS 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 OEIS
in any public notice required for a nonexempt license;
and
2.
proposals;
3. Publishing notice
eral circulation in the County,
where the proposal is located.
Posting the property, for site-specific
in a newspaper of gen-
City, or general area
15-15
5-89
15.04.270 -
15.04.280
C. Whenever possible, the City shall integrate
the public notice required under this section with exist-
ing 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 pro-
posal at his or her expense. (Ord. 2312 ~1, 10-1-84.)
15.04.280 Appeals. The city of Port Angeles es-
tablishes the following administrative appeal procedures
under RCW 43.21C.075 and WAC 197-11-680:
A. Any agency or person 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 Planning Commission within ten (10) days of
the date the DNS is final (see WAC 197-11-390(2) (a)).
2 . A DS. The appeal must be made to the
Planning Commission within ten (10) days of the date the
DS is issued.
3. An EIS. Appeal of the FEIS must be made
to the Planning Commission within ten (10) 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 may require the appellant to provide
an electronic transcript.
D. The procedural determina tion by the City's
Responsible Official shall carry substantial weight in
any appeal proceeding.
The City shall give official notice under WAC
197-11-680(5) whenever it issues a permit or approval
for which a statute or ordinance establishes a time limit
for commencing judicial appeal. (Ord. 2312 ~1, 10-1-84.)
15-16
5-89
Sections:
15.08.010
15.08.020
15.08.030
15.08.040
15.08.050
15.08.060
15.08.070
15.08.080
15.08.090
15.08.100
15.08.105
15.08.110
15.08.120
15.08.130
15.08.010 -
15.08.020
Chapter 15.08
SHORELINE MANAGEMENT
Shoreline Management Act Adopted.
RCW Subsections Adopted by Reference.
Washington Administrative Code -
Shoreline Guidelines Adopted.
Clallam County Master Program Adopted.
Definitions.
Permit Applications.
Shoreline Advisory Committee.
Staff Assistance.
Public Hearing.
Council Action.
Council Hearing.
Rescission of Permits.
Inspection.
General Penalty.
15.08.010 Shoreline Manaqement Act Adonted. 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,
7-17-79.)
15.08.020 RCW Subsections Adopted bv Reference.
The City adopts by reference the following sections or
subsections of Chapter 90.58 RCW:
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.
.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.
.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.
15-17
7-90
15.08.020 -
15.08.040
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 I 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.
(Ord. 2033 ~2, 7-17-79.)
15.08.030 Washinqton Administrative Code - Shore-
line Guidelines Adopted. The City adopts by reference
the following sections or subsections of Chapter 173-14
WAC:
WAC 173-14-030 - Definitions.
-050 - Application of the permit system to
substantial development undertaken
prior to the act.
-060 - Time requirement of permit.
-062 - Applicability of permit system to
federal agencies.
-070 - Notice required.
-090 - Filing with department and attorney
general.
-100 - Review criteria for substantial
development permits.
-110 - Application for substantial develop-
ment, conditional use, or variance
permit.
-115 - Letter of exemption.
-120 - Permits for substantial development,
conditional use, or variance.
-130 - Department review of conditional use
and variance permits.
-140 - Review criteria for conditional use
permits.
-150 - Review criteria for variance permits.
-170 - Requests for review.
-174 - certification of requests for review.
-180 - Regulatory orders by local government
or the department.
-190 - Hearings on regulatory orders.
(Ord. 2033 ~3, 7-17-79.)
15.08.040 Clallam County Master Proqram Adopted.
Pursuant to WAC 1~3-19-130, the Clallam County Shoreline
Master Program, approved August 5, 1976, as amended by
Clallam County Resolution No. 157, October 21, 1976;
15-18
5-89
15.08.040 -
15.08.070
Resolution No. 101, April 4, 1978; Resolution No. 336,
December 4, 1978; and Resolution No. 215, October 16,
1979, has been adopted for the City and is ratified and
readopted as the Shoreline Master Program for the City.
(Ord. 2065 91, 2-16-80; Ord. 2033 93, 7-17-79.)
15.08. 050 Definitions. In addition to those
definitions contained within RCW 90.58.030 and WAC 173-
14-030, the following terms shall have the following
meanings, unless the context indicates otherwise:
A. "Advisory committee" means the Port Angeles
City Planning Commission.
B. "Council" means the City Council of the City.
C. "Local government" means the City.
D. "Master program" means the Comprehensive
Shoreline Use Plan for Clallam County and the use regu-
lations, 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.
E. "The Planning Department" means the Planning
Department of the city.
F. "Public Works Department" means the Public
Works Department of the city.
G. "Shorelines" means all the water areas within
the City.
H. "Shorelines of statewide significance" means
those shorelines described in RCW 90.58.020(2) (e) which
are within the City.
I. "Shorelines of the City" means the total of
all shorelines and shorelines of statewide significance
within the City. (Ord. 2033 95, 7-17-79.)
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 shall be paid to the Planning
Department at the time an application is filed. The
amount of the fee shall be set by resolution of the City
Council, and may be amended or changed by resolution from
time to time, or as necessary. (Ord. 2143 93, 6-1-81;
Ord. 2033 96, 7-17-79.)
15.08.070 Shoreline Advisorv Committee.
A. The Council appoints the Planning Commission
as the Shorelines Advisory Committee, which shall con-
sider applications and make recommendations regarding
permits, based on the policies contained under Chapter
90.58 RCW, the provisions of Chapter 173-14 WAC and the
Clallam County Master Program, as adopted and amended by
the city. '
15-19
5-89
15.08.070 -
15.08.090
The Advisory Committee shall periodically re-
view the Master Program and make recommendations to the
city council regarding such adjustments as are neces-
sary.
B. The Advisory Committee shall consist of the
seven members of the Planning Commission.
C. Four members of the Committee shall constitute
a quorum to conduct business and make recommendations.
A majority of those present shall be required to make a
recommendation. The Committee shall be governed by the
bylaws of the Planning Commission.
D. The Advisory Committee shall review an appli-
cation 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 Com-
mittee and of the Planning Department; and
6. Evidence presented at the pUblic hearing,
if any, held pursuant to provisions of this Chapter.
The Advisory Committee may require that an
applicant furnish information in addition to the in-
formation required in the application forms prescribed.
E. The Advisory Committee shall transmit its
recommendations in writing to the Council within a
reasonable time after the public hearing. (Ord. 2033
~7, 7-17-79.)
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
173-14-115, and other requests for information pertain-
ing to the Shoreline Master Program. (Ord. 2134 ~1,
4-19-81; Ord. 2033 ~8, 7-17-79.)
15.08.090 Public Hearinq.
A. Public hearings on all permit applications
under this Chapter shall be conducted by the Advisory
Committee.
15-20
5-89
15.08.090 -
15.08.110
B. If, for any reason, testimony on any matter
set for public hearing, or being heard, cannot be com-
pleted on the date set for such hearing, the Advisory
Commi ttee may, before adj ournment 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 Advisory Committee shall have the power to
prescribe rules and regulations for the conduct of hear-
ings before it. (Ord. 2033 ~9, 7-17-79.)
15.08.100 Council Action.
A. Upon receipt of the recommendation from the
Advisory Committee, if the Council is in agreement with
the findings and conclusions of the Advisory Committee,
it shall prepare a final order based on said findings
and conclusions. If the Council is in disagreement with
any or all of the findings and conclusions of the Ad-
visory Committee, it shall enter its own findings and
conclusions and order based upon the following:
1. The application;
2. The environmental impact statement, if
one has been prepared;
3. Wri tten comments submitted to the Advisory
Committee by interested persons;
4. Testimony from the public hearing, if one
'I
r'
was held;
5. Information and comment from other City
Departments, if applicable;
6. Independent study of the Advisory Com-
mittee and of the Planning Department.
Said findings and conclusions shall set forth
the manner in which the decision is consistent with the
criteria set forth in this Chapter.
B. The decision of the Council shall be the final
decision of the City on all applications, and the Coun-
cil shall render a written decision including findings,
conclusions, and a final order, and shall transmit copies
of its decision :to the persons who are required to
receive copies of the decision pursuant to this Chapter.
(Ord. 2033 ~10, 7-17-79.)
15.08.105 Council Hearing. Before making its final
decision on shoreline applications, the City Council may
conduct a public hearing at its discretion with notice
being given as set forth in RCW 90.58.140(4). (Ord. 2595
~10, 6-27-90.)
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.
15-21
,,:'I--
.'
7-90
15.08.110
15.08.130
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
permi ttee. The Council shall have the power to pre-
scribe 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,
7-17-79. )
15.08.120 Inspection. The Planning Director or
his designee or Building Inspectors may inspect proper-
ties as necessary to determine whether permittees have
complied with conditions of their respective permits.
Whenever there is reasonable cause to believe that de-
velopment 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 Planning
Director 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, 7-17-79.)
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 of-
fense 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, 7-17-79.)
15-22
7-90
Sections:
15.12.010
15.12.020
15.12.030
15.12.040
15.12.050
15.12.060
15.12.070
15.12.075
15.12.076
15.12.080
15.12.090
15.12.100
15.12.110
15.12.120
15.12.130
15.12.140
15.12.150
15.12.160
15.12.163
15.12.166
15.12.180
15.12.190
15.12.200
15.12.210
15.12.215
15.12.216
15.12.220
15.12.230
15.12.235
Chapter 15.12
FLOOD DAMAGE PREVENTION
ARTICLE I. GENERAL PROVISIONS
Title.
Purpose.
General Provisions.
Compliance Required.
Interpretation and Application.
More Stringent Regulations to Apply in
Case of Conflict.
Disclaimer of Liability.
ARTICLE II. DEFINITIONS
Appeal.
Area of Shallow Flooding.
Area of Special Flood Hazard.
Breakaway Wall.
Coastal High Hazard Area.
Development.
Flood or Flooding.
Flood Insurance Rate Map (FIRM).
Flood Insurance Study.
Floodway.
Lowest Floor.
Manufactured Home.
Manufactured Home Park or Subdivision.
New Construction.
Start of Construction.
Structure.
Substantial Improvement.
Variance.
Water Dependent.
ARTICLE III. ADMINISTRATION
Duties of Director of Public Works.
Duties of Planning Director.
Variance Procedure.
ARTICLE IV. REQUIREMENTS AND STANDARDS
15.12.240 Development Permit Required -
Application Requirements.
15.12.250 Standards Generally.
15.12.260 provisions for Flood Hazard Protection
Reduction - General Standards.
15-23
10-90
15.12.010 -
15.12.030
sections: (Cont'd)
ARTICLE IV. REQUIREMENTS AND STANDARDS (Cont'd)
15.12.270
15.12.330
15.12.335
15.12.340
Specific Standards.
Floodways.
Wetlands Management.
Coastal High Hazard Area.
ARTICLE V. VIOLATION
15.12.350 Violation is Misdemeanor.
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, 8-9-80.)
15.12.020 Puroose. 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 under-
taken 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, tele-
phone, and sewer lines, and streets and bridges located
in areas of special flood hazard;
F. To help maintain a stable tax base by pro-
viding 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,
12-30-88; Ord. 2445 ~1, 6-23-87; Ord. 2091 ~2, 8-9-80.)
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
15-24
10-90
15.12.030 -
15.12.075
scientific and engineering report entitled Flood
Insurance Studv for the ci tv of Port Anqeles, 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 is on file at the office of the
City Clerk, 321 East Fifth Street, Port Angeles,
Washington 98362. (Ord. 2616 ~1, 10-26-90; Ord. 2514
~3, 12-30-88; Ord. 2445 ~3, 6-23-87; Ord. 2091 ~4,
8-9-80.)
15. 12 . 040 Compl iance Required. 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 regula-
tions. (Ord. 2091 ~5, 8-9-80).
15.12.050 Interpretation and Application. In the
interpretation and application of this Chapter, all pro-
visions 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,
8-9-80. )
15.12.060 More strinqent Requlations to Applv in
Case of Conflict. Should the provisions of this Chapter
and any other ordinance, easement, covenant or deed con-
flict or overlap, whichever regulation imposes the more
stringent regulations shall prevail. (Ord. 2091 ~6,
8-9-80. )
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 rate 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 Administra-
tion, during any flood damages that may result from a
reliance on this Chapter, or any administrative decision
made hereunder. (Ord. 2091 ~8, 8-9-80.)
ARTICLE II. DEFINITIONS
15.12.075 Appeal. "Appeal" means a request for a
review of the Director of Public Works' interpretation
of any provision of this Chapter or a request for a
variance. (Ord 2445 ~2 (part), 6-23-87.)
15-25
10-90
15.12.076
15.12.120
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). The base flood
depths range from one to three feet; a clearly defined
channel does not exist; the path of flooding is unpre-
dictable and indeterminate; and velocity flow may be
evident. AO is characterized as sheet flow and AH
indicates ponding. (Ord. 2514 ~2, 12-30-88.)
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. (Ord. 2445 ~2
(part), 6-23-87; Ord. 2091 ~3 (part), 8-9-80.)
15.12.090 Breakawav 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 con-
struction 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), 6-23-87; Ord. 2091 ~3 (part), 8-9-80.)
15.12.100 Coastal Hiqh Hazard Area. "Coastal high
hazard area" means the area subj ect to high velocity
waters, including but not limited to, storm surges or
tsunamis. The area is designated on a FIRM as Zone
VI-30. (Ord. 2091 ~3 (part), 8-9-80.)
15.12.110 Development. "Development" means any
manmade change to improved or unimproved real estate,
including but not limited to buildings or other struc-
tures, mining, dredging, filling, grading, paving,
excavation or drilling operations located within the area
of special flood hazard. (Ord. 2091 ~3 (part), 8-9-80.)
15.12.120 Flood or Floodinq. "Flood" or "flood-
ing" 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),
8-9-80.)
15-26
10-90
15.12.130 -
15.12.180
15.12.130 Flood Insurance Rate Map (FIRM). "Flood
insurance rate map" (FIRM) means the official map on
which the Federal Insurance Administration has delin-
eated both the areas of special flood hazard and the risk
premium zones applicable to the community. (Ord. 2091
~3 (part), 8-9-80.)
15.12.140 Flood Insurance study. "Flood insurance
study" 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. 2091 ~3 (part),
8-9-80. )
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), 8-9-80.)
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 struc-
ture in violation of the applicable non-elevation design
requirements of this Chapter found at 15.12.270 (A) 1.
(Ord. 2445 ~2 (part), 6-23-87.)
15.12.163 Manufactured Home. "Manufactured home"
means a structure, transportable in one or more sec-
tions, which is built on a permanent chassis and is de-
signed for use with or without a permanent foundation
when connected to the required utilities. For flood
plain management purposes, the term "manufactured home"
also includes park trailers, travel trailers, and other
similar vehicles placed on a site for greater than 180
consecutive days. For insurance purposes, the term
"manufactured home" does not include park trailers,
travel trailers, and other similar vehicles. (Ord. 2445
~2 (part), 6-23-87.)
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), 6-23-87.)
15.12.180 New Construction. "New construction"
means structures for which the "start of construction"
commenced on or after the effective date of this Chap-
ter. (Ord. 2445 ~2 (part), 6-23-87.)
15-27
5-89
15.12.190
15.12.215
15.12.190 start of Construction. "start of con-
struction" includes E\ubstantial 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 place-
ment 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. (Ord.
2445 ~2 (part), 6-23-87; Ord. 2091 ~3 (part) 8-9-80.)
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), 6-23-87; Ord. 2091 ~3 (part), 8-9-80.)
15.12.210 Substantial Improvement. "Substantial
improvement" means any repairs, reconstruction, or im-
provement of a structure, the cost of which equals or
exceeds fifty percent of the market value of the struc-
ture either:
1. Before the improvement or repair is
started; or
2. 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:
1. Any project for improvement of a struc-
ture to comply with existing state or local health,
sanitary, or safety code specifications which are solely
necessary to assure safe living conditions; or
2. Any alteration of a structure listed on
the National Register of Historic Places or a state
Inventory of Historic Places. (Ord. 2445 ~2, (part),
6-23-87; Ord. 2091 ~3 (part), 8-9-80.)
15.12.215 Variance. "Variance" means a grant of
relief from the requirements of this Chapter which per-
mits construction in a manner that would otherwise be
prohibited by this Chapter. (Ord. 2445 ~2 (part),
6-23-87. )
15-28
5-89
15.12.216 -
15.12.220
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, 12-30-88.)
ARTICLE III. ADMINISTRATION
15.12.220 Duties of Director of Public Works. The
Director of Public Works shall be primarily responsible
for the administration and implementation of this Chap-
ter. The Director of PUblic Works 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 en-
croachment 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 pro-
vided through the Flood Insurance Study or required as
in PAMC 15.12.220(B), obtain and record the actual ele-
vation, in relation to mean sea level, of the lowest
habitable floor (including basement) of all new or sub-
stantially improved structures, and whether or not the
structure contains a basement;
2. For all new or substantially improved
floodproofed structures:
a. Verify and record the actual eleva-
tion in relation to mean sea level; and
b. Maintain the floodproofing certi-
fications 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 Administra-
tion.
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.
15-29
5-89
15.12.220
15.12.235
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
confl ict 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. 2425 ~1, 3-15-89; Ord. 2415 ~4, 12-30-88; Ord. 2445
~4, 6-23-87; Ord. 2091 ~10, 8-9-80.)
15.12.230 Duties of Planninq Director. The Plan-
ning Director 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 ob-
tained from those Federal, State or local governmental
agencies from which prior approval is required.
B. Transmit to the Department of Public Works all
information required under the terms of this Chapter.
(Ord. 2091 ~11, 8-9-80.)
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 in the enforcement or adminis-
tration 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 evalua-
tions, 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 pro-
vided by the proposed facility to the community;
e. the necessity to the facility of a
water front location, where applicable;
15-30
9-90
15.12.235
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;
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 applic-
able, 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 facili-
ties such as sewer, gas, electrical, and water systems,
and streets and bridges.
5. Upon consideration of the factors of Sub-
Section 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 pur-
poses of this Chapter.
6. The Director of Public Works shall main-
tain 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 con-
tiguous to and surrounded by lots with existing struc-
tures constructed below the base flood level, providing
items (a - k) in Sub-Section A(4) have been fully con-
sidered. As the lot size increases, the technical jus-
tification required for issuing the variance increases.
2. Variances may be issued for the recon-
struction, 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 wi thin 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 neces-
sary, 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;
15-31
5-89
15.12.235
15.12.240
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 victimiza-
tion of the public as identified in Sub-Section 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-residen-
tial 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 Sub-Section B(l), 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 permi tted to be built wi th 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. (Ord. 2445 ~5, 6-23-87.)
ARTICLE IV. REQUIREMENTS AND STANDARDS
15.12.240 Development Permit Reauired - Applica-
tion Reauirements.
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 struc-
tures;
15-32
9-90
.
15.12.240 -
15.12.260
2. Elevation in relation to mean sea level
to which any structure has been flood-proofed;
3. Certification by a registered profes-
sional 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, 12-30-88; Ord.
2091 ~9, 8-8-80.)
15.12.250 Standards Generallv. In all areas of
special flood hazards, the standards set forth in Sec-
tions 15.12.260 through 15.12.320 are required. (Ord.
2091 ~12 (part), 8-8-80.)
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 im-
provements shall be anchored to prevent flotation, col-
lapse, or lateral movements of the structure.
2. All manufactured homes must likewise be
anchored to prevent flotation, collapse or lateral move-
ment 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 "Manu-
factured Home Installation in Flood Hazard Areas" guide-
book for additional techniques).
B. Construction Materials and Methods.
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, plumb-
ing, 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 accu-
mulating within the components during conditions of
flooding.
C. utilities.
1. All new and replacement water supply
systems shall be designed to minimize or eliminate in-
filtration of flood waters into the system.
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.
15-33
5-89
15.12.260 -
15.12.270
D. Subdivision Proposals.
1. All subdivision proposals shall be con-
sistent 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 authori-
tative source, it shall be generated for subdivision
proposals and other proposed developments which contain
at least 50 lots or 5 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 reasonable-
ness 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. 2445 ~6, 6-23-87; Ord. 2091 ~12
(part), 8-8-80.)
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:
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 wi th
screens, louvers, or other coverings or devices,
provided that they permit the automatic entry and exit
of floodwaters.
15-34
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15.12.270 -
15.12.330
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 Sub-
Section (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 Al-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. (Ord. 2616 ~3, 10-26-90; Ord. 2524 ~2, 3-15-
89; Ord. 2514 ~7, 12-30-88; Ord. 2445 ~7, 6-23-87; Ord.
2091 ~12 (part), 8-8-80.)
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 construc-
tion, substantial improvements, and other development
15-35
10-90
15.12.330 -
15.12.340
are prohibited, unless certification by a registered
professional engineer or architect is provided demon-
strating 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 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. 2514 ~8, 12-30-88; Ord. 2445 ~8,
6-23-87; Ord. 2091 ~13, 8-8-80.)
15.12.335 Wetlands Manaqement. 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 Depart-
ment of Ecology in identifying wetland areas. (Ord. 2514
~9, 12-30-88.)
15.12.340 Coastal Hiqh Hazard Area. 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
15-36
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lit
15.12.340
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 Vl-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
15-37
10-90
.
15.12.340 -
15.12.350
purpose of this Section, a breakaway wall shall have a
design safe loading resistance of not less than 10 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 subj ect to
collapse, displacement, or other structural damage due
to the effects of wind and water loads acting
simul taneously on all building components (structural and
non-structural). Maximum wind and water loading values
to be used in this determination shall each have a 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. (Ord. 2616 ~4, 10-26-90; Ord. 2514 ~10,
12-30-88; Ord. 2445 ~9, 6-23-87; Ord. 2091 ~14,
8-8-80. )
ARTICLE V. VIOLATION
15.12.350 Violation is Misdemeanor. No struture
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 viola-
tion. (Ord 2514 ~6, 12-30-88; Ord. 2091 ~16, 8-8-80.)
15-38
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15.24.090 -
15.24.120
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), 11-29-91.)
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 15.24.0601, have been exhausted; and
B. such litigation is commenced within fifteen (15) 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. 2655 ~ 1 (part),
11-29-91.)
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. (Ord. 2655 ~ 1 (part), 11-29-91.)
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), 11-29-91.)
15-96
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15.24.080 -
15.24.090
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 thirty days of receipt of the
penalty to the Planning Director 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 15.24.0701.
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, 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), 11-29-91.)
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;
15-95
11-91
15.24.080
in the City of Port Angeles, the City publication to be no later than 10 days
after issuance of the emergency permit.
The emergency permit may be terminated at any time without
process upon a determination by the Planning Director 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 violator. Enforcement actions shall
include Civil Penalties, Administrative 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 15.24.050B, 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
15-94
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15.24.070 -
15.24.080
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
15.24.050B, provided such activities utilize best management practices to
protect the functions and values of regulated wetlands.
1. Appeals: Any decision of the Planning Director in the
administration of this Chapter may be appealed in writing to the City Council
within fifteen days of the issuance of notice of the decision.
J. Modification of Wetland Permits: A Wetland Permit holder may
request and the Planning Director 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 one hundred eighty (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 one hundred eighty (180) days. A new fee will be required for such
resubmittal. (Ord. 2655 ~ 1 (part), 11-29-91.)
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 Planning Director may
issue a temporary emergency wetlands permit if:
1. The Planning Director 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.
E. 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 Planning Director 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
15-93
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15.24.070
community response;
11.
using photo stations to evaluate vegetation
111. sampling surfac~ 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 (5) 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 Planning Director 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
15.24.070H in the amount of one hundred twenty (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:
15-92
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15.24.070
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 hydro cycle /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:
i. establishing vegetation plots to track changes
in plant species composition and density over time;
15-91
11-91
15.24.070
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 Planning Director 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 compensa-
tion projects shall:
(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 manage-
ment can and will be provided.
7. 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 Planning
Director. The applicant or violator shall receive written approval of the
mitigation plan by the Planning Director prior to commencement of any
wetland restoration, creation, or enhancement activity. Unless the Planning
Director, 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, 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.
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15.24.070
i. In-Kind compensation shall be provided
except where the applicant can demonstrate that:
(A) the wetland system is already signi-
ficantly 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
(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 scien-
tifically 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-si te compensation shall occur wi thin 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.
111. 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
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3:1
2:1
1.5:1
1.25:1
(A) Increased Replacement Ratio: The
Planning Director 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
111. 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
Category II or III
Forested
Scrub-shrub
Emergent
Category IV
value; or
(4) off-site compensation.
(B) Decreased Replacement Ratio: The
Planning Director 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 wet-lands
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 15.24.070H6, 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:
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a.
A brief description of the project, including
location;
project;
b. The decision or order of the City with respect to the
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 15.24.080C, the Planning Director
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 15.24.070H7 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 Planning Director 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
Hi. protect and management 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.
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~
15.24.070H6 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 Planning Director 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 Planning Director 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 Planning
Director 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 (2) years after they have
been completed. The Planning Director 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 15.24.070H7. The maintenance bond applicable to a
compensation project shall not be released until the Planning Director
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 Planning Director 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 Planning Director 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 (5) working days of the decision or order and shall include
at least the following:
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c. Regardless of the legal method of protection chosen
by the Planning Director, 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 Planning
Director.
d. 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."
e. The common boundary between a separate sensitive
area tract and the adjacent land must be permanently identified. This
identification shall include permanent wood or metal signs on treated 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."
f. Sign locations and size specifications shall be
approved by the Planning Director. The Planning Director shall require
permanent fencing of the sensitive area tract or tracts when there is a
substantial likelihood of the presence of domestic grazing animals within the
development proposal. The Planning Director shall also require as a permit
condition that such fencing be provided if, subsequent to approval of the
development proposal, domestic grazing animals are in fact introduced.
g. 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
Planning Director prior to the commencement of permitted activities. Such
field markings shall be maintained throughout the duration of the permit.
ii. The Planning Director may attach such
additional conditions to the granting of a special use permit as deemed
necessary to assure the preservation and protection of affected wetlands and to
assure compliance with the purposes and requirements of this Chapter.
2. Bonding:
a. Performance Bonds: The Planning Director shall
require the applicant of a development proposal to post a cash performance
bond or other security acceptable to the Planning Director in an amount and
with surety and conditions sufficient to fulfill the requirements of Subsection
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.
..
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 Planning Director 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 shall 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 15.24.040C. 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.
i. Protection of Sensitive Area Tracts: The
Planning Director shall require, as a condition of any permit issued pursuant
to this Chapter, that the sensitive area tract or tracts created pursuant to
Subsection 15.24.070H1 be protected by one of the following methods:
(A) 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 Planning Director, an easement for the protection
of native vegetation within a wetland and/or its buffer; or
(B) 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 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.
b. 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."
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.
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 Planning Director
pursuant to Subsection 15.24.070D 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:
activity;
a. limiting the degree or magnitude of the regulated
activity;
b. limiting the implementation of the regulated
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, 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 Planning Director 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)(DUjAcre)(Density Credit).
The density credit figure is derived from the following table:
Percentage of site in buffers Density Credit
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%
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E. Reasonable Use Exception:
1. If an applicant for a development proposal demonstrates
to the satisfaction of the Planning Director 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 Planning Director:
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
15.24.070D;
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;
i. that any and all alterations to wetlands and wetland
buffers will be mitigated as provided in Subsection 15.24.070H7;
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
effective date of this Chapter.
2. If the Planning Director determines that alteration of a
wetland and/or wetland buffer is necessary and unavoidable, the Planning
Director 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 Planning Director determines that
application of these standards would deny all reasonable economic use of the
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a. activities having minimal adverse impacts on buffers
and no adverse impacts on regulated wetlands. These may include low
intensity, passive recreational activities such as pervious trails, nonpermanent
wildlife watching blinds, short-term scientific or educational activities, and
sports fishing or hunting;
b. with respect to Category II and IV wetlands,
stormwater management facilities having no reasonable alternative on-site
location; or
c. with respect to Category III and IV wetlands,
development having no feasible alternative location.
7. Building Setback Lines: A building 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 Planning Director
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 15.24.060C6.
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 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.
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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
Planning Director 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 Planning
Director, will result from a regulated activity. The Planning Director 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. Except as otherwise specified, wetland buffer zones shall
be retained in their natural condition. Where buffer disturbance has occurred
during construction, revegetation with native vegetation may be required.
6. Permitted Uses in a Wetland Buffer Zone: Regulated
activities shall not be allowed in a buffer zone except for the following:
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15.24.070
day period and there is insufficient information or time to process the
application, a denial will be issued. (Ord. 2655 91 (part), 11-29-91.)
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 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; 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
Low intensity
Category II
High intensity
Low intensity
Category III
High intensity
Low intensity
Category IV
High intensity 50 feet
Low intensity 25 feet
2. Increased Wetland Buffers Zone Width: The Planning
Director 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:
a. a larger buffer is necessary to maintain viable
populations of existing species; or
300 feet
200 feet
b.
200 feet
100 feet
c.
100 feet
50 feet
d.
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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 Planning Director. Such
determination of completeness shall not be construed as an approval or denial
of the permit application.
3. Public Hearings: Following the submittal of an application
determined to be complete by the Planning Director, the Planning Director
shall hold a public hearing on the application, unless the Planning Director
finds that the activity is so minor as to not adversely affect a wetland or
wetland buffer. The Planning Director shall, at least fifteen (15) days prior to
the date of the hearing, confirm that the following has been accomplished:
a. a notice of the hearing has been 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;
b. notice has been given to the latest recorded real
property owners as shown by the records of the County Assessor within at least
three hundred feet of the boundary of the property upon which the regulated
activity is proposed; and
c. notice has been posted at the proposed site of
activity and at public places of assembly near the site of the proposed activity.
The notices shall include a brief description of the
project, including the location; the time and place of the hearing; statement
that the file regarding the permit application is available for public inspection
during regular business hours; the address where the file may be inspected; a
request for written comments prior to the hearing and attendance and oral
testimony by concerned parties at the hearing.
All hearings shall be open to the public. A record
of the hearings shall be made. Any person may present evidence and testimony
at the hearings. At the hearings, applicants shall have the burden of
demonstrating that the proposed activity will be in accordance with the
purposes of this Chapter and the standards set forth below.
4. 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 permits 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 Planning Director shall approve, approve with
conditions, or deny a permit application within thirty (30) working days of the
public hearing; except that where additional information is required by the
Planning Director, he/she may extend this period by sixty (60) days. In acting
on the application, the Planning Director shall in writing deny, permit, or
conditionally permit the proposed activity. If a decision must be made in a 90-
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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.
(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
,19_,
day of
NOTARY PUBLIC in and for the State
of Washington, residing at
D. Permit Processing.
1. Consolidation: The Planning Director 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 10 working
days after receipt of the permit application, the Planning Director shall notify
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of how the proposed activity is dependent upon wetlands or water-related
resources as described in Section 15.24.070D of this Chapter; and
h. Specific means to mitigate any potential adverse
environmental impacts of the applicant's proposal.
The Planning Director 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 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
Planning Director 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 Planning
Director. 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 Planning Director to retain expert consultants to provide services
pertaining to wetland boundary determinations, functional assessments, and
evaluation of mitigation measures. As deemed necessary by the Planning
Director, the Planning Director 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 Planning Director 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 15.24.040C, on
which a development proposal is submitted shall file for record with the
Clallam County Auditor a notice approved by the Planning Director 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:
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15.24.060
Director 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 Planning
Director upon issuance of the permit.
An extension of an original permit may be granted upon written
request to the Planning Director by the original permit holder or the successor
in title. Prior to the granting of an extension, the Planning Director 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 Planning Director.
Such a request for determination shall contain plans, data, and other
information as may be specified by the Planning Director.
2. Pre-Permit Consultations: Any person intending to apply
for a Wetland Permit is strongly encouraged, but not required, to meet with the
Planning Director during the earliest possible stages of project planning in
order to discuss wetland impact avoidance and minimization and to discuss
compensation, before large commitments 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 processed.
3. Information Requirements: Unless the Planning Director
waives one or more of the following information requirements, applications for
a Wetland Permit under this Chapter shall include:
a. A description and maps overlaid on an aerial
photograph at a scale no smaller than 1"=200', showing the entire parcel of
land owned by the applicant and the exact boundary pursuant to Section
15.24.040C of the wetland on the parcel;
b. A description of the vegetative cover of the wetland
and adjacent area, including dominant species;
c. A site plan for the proposed activity overlaid on an
aerial photograph at a scale no smaller than 1" =200', showing the location,
width, depth, and length of all existing and proposed structures, roads, sewage
disposal and treatment, and installations within the wetland and its buffer;
d. The exact sites and specifications for all regulated
activities, including the amounts and methods;
e. Elevations of the site and adjacent lands within the
wetland and its buffer at contour intervals of no greater than 5 feet;
f. Top view and typical cross-section views of the
wetland and its buffer to scale;
g. The purposes of the project and an explanation why
the proposed activity cannot be located at other sites, including an explanation
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15.24.060
4. Existing and ongoing agricultural activities, including
farming, horticulture, 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;
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 Planning Director, 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 Planning Director. (Ord. 2655 ~ 1 (part),
11-29-91.)
15.24.060 - Procedures for Wetland Permits.
A. Permit Requirements. Compliance. Except as specifically
provided in Section 15.24.050B, no regulated activity shall occur or be
permitted to occur within a regulated wetland or wetland buffer without a
written permit from the Planning Director. 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 Section
15.24.050B within a wetland or wetland buffer shall be made to the Planning
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15.24.040 -
15.24.050
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),
11-29-91.)
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.
5.
6.
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
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.
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;
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;
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The driving of pilings;
The placing of obstructions;
The construction, reconstruction, demolition, or expansion
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15.24.040
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
111. 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 III
Subsection 15.24.040D1aiii which are not high quality; or
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.
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.
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15.24.040
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
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 "Federal Manual
for Identifying and Delineating Jurisdictional Wetlands". An applicant for a
wetland permit is required under Subsection 15.24.060C3 to show the location
of the wetland boundary on a scaled drawing as a part of the permit
application.
The Planning Director shall decide whether the scientists 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 Section 15.24.060C4 of this Chapter.
Where the delineation is performed under the Planning Director's
direction, such delineation shall be considered a final determination.
Where the applicant has provided a delineation of the wetland
boundary, the Planning Director 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 Planning Director 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
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15.24.040
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.
JJ. "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.
KK. "Wetland classes", "classes of wetlands", or "wetland types" means
descriptive classes of the wetlands taxonomic classification system of the United
States Fish and Wildlife Service (Cowardin, et aI, 1978).
LL. "Wetlands permit" means any permit issued, conditioned, or
denied specifically to implement this Chapter.
MM. "Wetland edge" means the boundary of a wetland as delineated
based on the definitions contained in this Chapter. (Ord. 2655 ~ 1 (part),
11-29-91.)
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),
11-29-91.)
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 Planning Director 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; grading and clearing permit; master plan
development; planned unit 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
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15.24.020
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.
Cc. "Regulated wetlands" means ponds twenty 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 "Federal Manual for
Identifying and Delineating Jurisdictional Wetlands".
DD. "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.
EE. "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.
FF. "Serviceable" means presently usable.
GG. "Unavoidable and necessary impacts" are impacts to regulated
wetlands that remain after a person proposing to alter regulated wetlands has
demonstrated that no practicable alternative exists for the proposed project.
HH. "Water-dependent" means requiring the use of surface water that
would be essential to fulfill the purpose of the proposed project.
II. "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
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15.24.020
U. "Mitigation" includes 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.
V. "Native Vegetation" means plant species which are indigenous to
the area in question.
W. "Off-site compensation" means to replace wetlands away from the
site on which a wetland has been impacted by a regulated activity.
X. ''On-site compensation" means to replace wetlands at or adjacent
to the site on which a wetland has been impacted by a regulated activity.
Y. "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".
Z. "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.
AA. "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 one hundred twenty-three degrees,
twenty-four minutes west longitude.
BE. "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.
5.
6.
of any structure;
The driving of pilings;
The placing of obstructions;
The construction, reconstruction, demolition, or expansion
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aesthetic value protection; and recreation. These beneficial roles are not listed
in order or priority.
N. "High intensity land use" includes land uses which are associated
with moderate or high levels of human disturbance or substantial wetland
habitat impacts including, but not limited to, medium and high density
residential, multifamily residential, active recreation, and commercial and
industrial land uses.
O. "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.
P. "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 "Federal Manual for Identifying and Delineating
Jurisdictional Wetlands". For the purposes of identifying wetland critical 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.
Q. "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 "Federal Manual for
Identifying and Delineating Jurisdictional Wetlands".
R. "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".
S. "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.
T. "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, passive recreation, open space, or agricultural or forest
management land uses.
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15.24.020
1. "Restoration" - Actions performed to re-establish wetland
functional characteristics and processes which have been lost by alterations,
activities, or catastrophic events within an area which no longer meets the
definition of a wetland.
2. "Creation" - Actions performed to intentionally establish
a wetland at a site where it did not formerly exist.
3. "Enhancement" - Actions performed to improve the
condition of existing degraded wetlands so that the functions they provide are
of a higher quality.
E. "Critical habitat" means habitat necessary for the survival of
endangered, threatened, rare, sensitive, or monitor species.
F. "Developable Area" means an area of land outside of wetlands
and wetland buffers.
G. "Department" means the Washington State Department of
Ecology.
H. "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.
I. "Exotic" means any species of plants or animals that are foreign
to the planning area.
J. "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 ditches related to an existing
and ongoing agricultural activity. Forest practices are not included in this
definition.
K. "Extraordinary hardship" means strict application of this Chapter
and/ or programs adopted to implement this Chapter by the City of Port
Angeles would prevent all reasonable economic use of the parcel.
L. "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.
M. "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
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15.24.020
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. 2655 ~ 1 (part), 11-29-91.)
15.24.020 - Definitions. For the purposes of this Chapter, the
following definitions 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. "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 nutrients, animal waste, toxics, and sediment; and
2. Minimize adverse impacts to surface water and
groundwater flow, circulation patterns, and to the chemical, physical, and
biological characteristics of wetlands.
C. "Compensation project" means actions necessary to replace
project-induced wetland and wetland buffer losses, including land acquisition,
planning, construction plans, monitoring, and contingency actions.
D. "Compensatory mitigation" means replacing project-inducedawetland losses or impacts, and includes, but is not limited to, the following:
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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;
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;
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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;
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;
impacts;
c. moderating impacts of stormwater runoff;
d. moderating system microclimate;
e. protecting wetland wildlife habitat from adverse
integrity;
f. maintaining and enhancing habitat diversity and/or
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 and ecological services provided by
wetlands results in a detriment to public safety and welfare; replacement of
such services, 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
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Chapter 15.24
WETLANDS PROTECTION
Sections:
15.24.010 Findings of Fact and Purpose.
15.24.020 Definitions.
15.24.030 General Provisions.
15.24.040 Lands to Which this Chapter Applies.
15.24.050 Regulated Activities and Allowed Activities.
15.24.060 Procedures for Wetland Permits.
15.24.070 Standards for Permit Decisions.
15.24.080 Temporary Emergency Permit - Enforcement.
15.24.090 Non-Conforming Activities.
15.24.100 Judicial Review
15.24.110 Amendments.
15.24.120 Assessment Relief.
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 and ecological services, 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;
substrate;
c. providing areas for groundwater recharge;
d. preventing shoreline erosion by stabilizing the
e. providing habitat areas for many species of fish,
wildlife, and vegetation, many of which are dependent on wetlands for their
survival, and many 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.
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15.20.100
15.20.100 - Securities and Enforcement.
A. Performance Securities. The Planning Director 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 Planning Director.
Until written release of the security, the security may not be terminated or
canceled. The Planning Director 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 Planning Director shall 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 Planning Director. Until written release of the
security, the principal or surety may not be terminated or canceled. The
Planning Director 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 Planning Director 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. 2656 ~ 1
(part), 11-29-91.)
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15.20.090
~
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 surveyor 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 Planning Director shall 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 Planning Director 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. 2656 ~ 1 (part), 11-29-91.)
15.20.090 - Tracts and Easements. Sensitive Area Tracts or Easements.
Separate environmentally sensitive area tracts or easements shall be used to
protect environmentally sensitive areas that are to remain undisturbed pursuant
to this Chapter. The terms and conditions of the tracts or easements shall
impose upon all present and future owners and occupiers of land subject to the
tracts or easements the obligation, enforceable on behalf of the public by the
City, to leave the areas of the tracts or easements permanently undisturbed.
In a single-family residential zone, any lots containing an environmentally
sensitive area easement shall be of a dimension of not less than five thousand
square feet, exclusive of such easement. (Ord. 2656 ~ 1 (part) 11-29-91.)
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15.20.080
1. Mitigation. For any allowable development exception provided
under this Section the associated adverse impacts must be considered
unavoidable but mitigable. The following restoration and compensation
mitigation measures to minimize and reduce impacts shall be required and
completed and must be approved by the Planning Director prior to
development approval:
1. Restoration. Restoration is required when the functions
and values of environmentally sensitive areas have been degraded from
alteration prior to development approval. All restoration shall follow an
approved mitigation plan pursuant to Subsection 1.3. of this Section.
2. Compensation. Compensation is required from developers
for all approved alterations to streams. Compensation for approved alterations
shall follow an approved mitigation plan pursuant to Subsection 1.3.
a. 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.
b. In the case of the exceptions of Subsection A.3. of
this Section, the following conditions shall precede any stream alteration
approved pursuant to this Section:
i. A mitigation plan for the compensation
project shall be submitted by the applicant and approved by the Planning
Director;
ii. The compensation project shall be fully
implemented following the requirements of the approved mitigation plan;
iii. Compensation shall be established for at
least two years; and
iv. A final report shall be submitted following
the minimum two years documenting that all requirements of a mitigation plan
have been fully achieved. The Planning Director 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.
c. Substitute Fees. In cases where the applicant
demonstrates to the satisfaction of the Planning Director that a suitable
compensation site does not exist, the Planning Director may allow the applicant
to make a financial contribution to an established water quality project or
program. The project or program must improve environmental quality within
the same watershed as the altered stream. The amount of the fee shall be
equal to the cost of mitigating the impact of stream alteration and shall be
approved by the Planning Director.
3. Mitigation Plans. All restoration and compensation
projects shall follow a mitigation plan prepared by qualified scientists
containing the following components:
a. Baseline Information. Quantitative data shall be
collected and synthesized 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 Planning Director;
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15.20.080
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.
E. Utilities. Every attempt shall be made to avoid locating utilities
within streams. The Planning director 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. All crossings shall be constructed and installed during
summer low flow between June 15th and September 15th;
4. Crossings shall not occur in salmonid spawning areas
unless no other feasible crossing site exists;
5. Bridge piers or abutments shall not be placed in either the
floodway or between the 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 Planning Director 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.
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15.20.080
b. The alteration has significantly disrupted the natural
functions of the environmentally sensitive area;
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;
d. The proposal incorporates the development
standards of Section 15.20.070, and
e. The proposal is consistent with the purpose and
intent of this Chapter.
6. Alternatively, if the Planning Director 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 Planning Director may approve improvements
that are necessary to respond to emergencies that threaten the public health
and safety, or public development proposals, when he/she determines that no
reasonable alternative exists and the benefit outweighs the loss. Emergencies
shall be verified by a licensed engineer.
C. Drainage Facilities. Significant and important wetlands and
streams and their buffers may be altered for use as a public 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 Planning Director may approve
drainage facilities in a wetland or 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
streams. The Planning Director 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;
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;
4. Viewing platforms, interpretive centers, picnic areas,
benches and access to them shall be designed and located to minimize
disturbance;
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15.20.080
a. The extent of development within the buffer is
limited to that which is necessary to create a disturbed area which is no larger
than five thousand square feet;
b. If the applicant demonstrates that there is no other
reasonable alternative to developing the buffer.
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;
d. The proposal incorporates the development
standards of Section 15.20.070, and
e. The proposal is consistent with the purpose and
intent of this Chapter.
2. Other Development Proposals. An applicant may propose
a reasonable use development exception (other than one single-family dwelling
on a development site in accordance with Subsection A.I. of this Section)
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 the development
standards of Section 15.20.070; and
e. The proposal is consistent with the purpose and
intent of this Chapter.
3. Limited Waiver of Steep Slope Disturbance Limitations.
Anyone or all of the disturbance limitation requirements of Section 15.20.070
may be waived if the Planning Director determines that the application of such
requirements is not feasible for developing one single-family dwelling on a
development site and the proposal is consistent with the purpose and intent of
this chapter.
4. Modification 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 environment-ally sensitive area.
5. 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;
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15.20.080
for density and floor area calculations is designed to provide 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 undevelopable 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.
Developable environmentally sensitive areas 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
(Ord. 2656 ~ 1 (part), 11-29-91.)
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 Planning Director pursuant to the provisions of
this Section.
A. Reasonable Use Exceptions in Stream Corridors, Ravines, Marine
Bluffs, and Beaches and Associated Coastal Drift Process Areas.
1. Single-Family Dwelling. Development of one single-family
dwelling that is not part of a larger development proposal within the buffer of
stream corridors, ravines, marine bluffs, and beaches and associated coastal
drift process areas on a development site may be approved by the Planning
Director if the applicant demonstrates that:
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15.20.070
properties, provided that such activities do not jeopardize public health, safety
or welfare on or off the site.
4. Geological Hazard Area Buffers: In the event that it is
determined that a geological hazard area, particularly landslide hazard and
erosion hazard areas, cannot be safely developed and must remain as
permanent open space, such as steeply sloping terrain, the following buffer will
be established:
a. Geologic Hazard Buffer: 50 feet from the top and
toe of the designated area. This buffer may be reduced (to not less than 25
feet) or enlarged based on geotechnical review which assures any such variation
provides or is necessary to provide adequate protection of any structures on
site.
D. Significant Wildlife Habitat Areas. To protect the habitat of
animal species which are considered to be priority species and thereby maintain
and increase their populations, significant wildlife habitat areas shall be subject
to the following:
1. When a development proposal contains a priority habitat
or habitat for species of concern and priority species the applicant shall submit
a habitat management plan. The need for a Habitat Management Plan should
be determined during State Environmental Policy Act (SEP A) 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: (1) establishment of buffer zones; (2)
preservation of critically important plants and trees, (3) limitation of access to
habitat area, (4) scheduling construction activities to avoid interference with
wildlife and fisheries rearing, resting, nesting or spawning activities; (5) using
best available technology to avoid or reduce impacts; (6) using drainage and
erosion control measures to prevent siltation of aquatic areas; and (7) 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 significant wildlife
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 non-
residential 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
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6. Viewshed enhancement. In ravine and marine bluff
buffers, the Planning Director may approve alterations in vegetation coverage
for the purposes of viewshed enhancement, so long as such alterations: (a) will
not increase geological hazards such as erosion potential, landslide potential,
or seismic hazard potential; or (b) will not adversely affect significant wildlife
habitat areas.
C. Geological Hazard (Erosion. Landslide. Seismic) Areas. Areas
containing or adjacent to geological hazard areas shall be altered only when the
Planning Director concludes, based on environmental information, the
following:
For Landslide hazard areas:
a. There will be no increase in surface water discharge
or sedimentation to adjacent properties;
b. There will be no decrease in slope stability on
adjacent properties; and
c.
1.
Either:
i. There is no hazard as proven by evidence of
no landslide activity in the past in the vicinity of the pro-posed development
and a quantitative analysis of slope stability indicates no significant risk to the
development proposal and adjacent properties;
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
threat.
iii. The alteration is so minor as not to pose a
2. For Erosion hazard areas:
a. Areas containing erosion hazard areas shall have
land clearing, grading or filling limited to the period between April 1st and
October 1st.
replaced.
b. Vegetation on steep slopes shall be preserved or
3. For Seismic hazard areas:
a. Areas containing or adjacent to seismic hazards
areas shall be altered only when the Planning Director concludes, based on
environmental information, the following:
i. 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
ii. 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.
b. Construction on artificial fills will be certified by a
geotechnicalj civil engineer 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
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15.20.070
including but not limited to a financial contribution to projects or programs
which seek to improve environmental quality within the same watershed.
B. Ravines. Marine Bluffs and Beaches and Associated Coastal Drift
Processes. All properties falling within the zones identified in the following
subsection are subject to the requirements of this Chapter. Should it be
determined that particular properties within these zones are unrelated to the
natural functions of the stream, the Planning Director may waive specific
submittal requirements for these properties or exclude them from the
requirements of this Chapter.
1. Locally Unique Feature Corridor Zones: The following
zones, as measured from the top of ravines, the top and toe of marine bluffs,
and beaches, define areas encompassing properties that shall be subject to the
requirements of this chapter, unless excluded by the Planning Director:
Ravines 200 feet;
Marine Bluffs 200 feet;
Beaches and Associated
Coastal Drift Processes Shoreline Management Zone
Should locally unique feature corridor zones also overlay stream corridor zones,
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 ravine bluffs:
Ravines
Marine Bluffs
Beaches and Associated
Coastal Drift Processes None
3. Undisturbed zones adjoining both marine bluffs and
beaches shall be sufficient to assure that natural coastal drift processes will
remain unimpaired.
4. Buffer reduction. The buffer may be reduced when expert
verification and environmental information demonstrate to the satisfaction of
the Planning Director that the proposed construction method will:
a. Not adversely impact the stability of ravine sidewalls
50 feet;
50 feet.
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.
In no event may a buffer be reduced to less than 25 feet from the top of a
ravine, or the top or toe of a bluff.
5. Additional Buffers. The Planning Director may require
increased buffers if environmental studies indicate such increases are necessary
to mitigate landslide, seismic and erosion hazards, or as otherwise necessary to
protect the public health, safety and welfare.
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15.20.070
15.20.070 - Development Standards.
A. Streams and Stream Corridors. Any development or construction
adjacent to streams shall preserve an undisturbed corridor which is wide
enough to maintain the natural hydraulic and habitat functions of that stream.
The dimensions of stream corridor zones, in which all properties are potentially
subject to the requirements of this Chapter, are listed in the following
subsection. Should it be determined that particular properties within this zone
are unrelated to the natural functions of the stream, the Planning Director may
waive specific submittal requirements for these properties or exclude them from
the requirements of this Chapter. If streams or watercourses are located within
ravines as defined in P AMC 15.20.030L, corridors will be delineated according
to the criteria set forth in P AMC 15.20.070B, Development Standards _
Ravines, Marine Bluffs and Beaches and Associated Drift Processes.
1. Stream Corridor Zones. This subsection defines zone
dimensions for different classes of streams and their tributaries as rated by the
Washington State Department of Natural Resources. All properties falling
within this zone are subject to review under this Chapter unless excluded by the
Planning Director. Dimensions are measured from the seasonal high water
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 5 100 feet.
Should the stream be located within a ravine, the greater dimension of either
the stream corridor zone, or the ravine zone, will be used to define properties
subject to the requirements of this Chapter.
2. Stream Corridor Buffers. The following buffers of
undisturbed native vegetation shall be provided for different classes of streams
and their tributaries as rated by the Washing-ton State Department of Natural
Resources. Dimensions are measured from the ordinary high water 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 25 feet
3. Stream corridor widths, and their associated 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 Planning Director 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 Planning Director may require the
applicant to undertake alternative on-site or off-site mitigation measures,
15-51
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15.20.060
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 on the subject property and adjoining
properties;
water quality;
a. Erosion and landslide hazard;
b. Seismic hazards;
c. Drainage, surface and subsurface hydrology, and
d. Flood prone areas;
e. Existing vegetation as it relates to steep slopes, soil
stability, and natural habitat value (for wetlands, refer to Chapter 15.24
PAMC);
f. Locally unique landforms: ravines, marine bluffs,
beaches and associated coastal drift processes;
g. Slopes greater than 40%.
2. Recommended methods for mitigating identified impacts
and a uescription of how these mitigating measures may impact adjacent
properties.
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 experts
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. Landslide Hazard Areas, Seismic Hazard Areas, and
Erosion Hazard Areas: Geologist and/or Geotechnical Engineer;
c. Steep Slopes: Geologist or Geotechnical Engineer;
d. Wetlands: Biologist with wetlands ecology expertise;
e. Streams, Rivers, Riparian Areas, Drainage Corridor,
Ravine: Geologist or Geotechnical Engineer;
f. Marine Bluffs, Beaches: Geologist or Geotechnical
Engineer, Oceanographer.
g. Fish and Wildlife Habitats: Biologist
C. 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 Planning Director will make the final
determination on the adequacy of these studies. (Ord. 2656 ~ 1 (part), 11-29-91.)
15-50
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15.20.050 -
15.20.060
in Article XI, Section 7, Ordinance No. 1709 as amended, 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 Planning Director 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:
a. Significant and important wetlands and their buffers,
pursuant to the regulations presented in the City's Wetlands Protection
Ordinance, Chapter 15.24 P AMC.
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 15.20.030B 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 Planning Director that the proposal
incorporates measures pursuant to this Chapter which adequately protect the
public health, safety and welfare. (Ord. 2656 ~ 1 (part), 11-29-91.)
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 Planning Director 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 Department. The Planning Director may waive specific submittal
requirements determined to be unnecessary for review of a specific application
type. All developments proposed on lots or parcels which may contain or
adjoin environmentally sensitive areas, as determined by the City, shall be
evaluated by the applicant to provide the information necessary for the
Planning Department to determine if and to what extent the site contains
environmentally sensitive characteristics. The Planning Director shall make the
determination to classify a site or portion of a site as environmentally sensitive
pursuant to the procedures set forth in P AMC 15.20.040E. For applications
which are subject to review pursuant to SEP A, the appeal of a determination
that a site is environmentally sensitive shall be made pursuant to the SEP A
appeals procedures as set forth in PAMC 15.04.280.
B. Supporting Information Required. All land uses and
developments proposed on or adjacent to lots or parcels listed, identified,
inventoried, classified, or rated as environmentally sensitive shall include
supporting studies, prepared to describe the environmental limitations of the
15-49
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15.20.040 -
15.20.050
recognizing that environmentally sensitive areas are a dynamic environmental
process, 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.
Qualified professional and technical scientists 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 Planning Director, 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 Planning Director may require the delineation of the
environmentally sensitive area boundary by scientists and/or experts retained
by the applicant. Alternatively, the Planning Director may consult with
qualified professional scientists and technical experts or other experts as needed
to perform the delineation himself, in which event the applicant will be charged
for the costs incurred in accordance with the provisions of this Chapter.
Where the Planning Director performs an environmentally
sensitive area delineation, such delineation shall be considered a final
determination.
Where the applicant's scientists and/or experts have provided a
delineation of the environmentally sensitive area boundary, the Planning
Director 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 Planning Director shall, at the applicant's
expense, obtain expert services to render a final delineation. (Ord. 2656 ~ 1
(part), 11-29-91.)
15.20.050 - Permitted Uses and Development Restrictions.
A. Permitted Uses Uses permitted on properties classified as
environmentally sensitive areas 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 Planning Director make a determination as to what constitutes
reasonable use of such property. Any decision of the Planning Director in
making such a determination shall be subject to the appeal provisions set forth
15-48
11-91
15.20.030 -
15.20.040
3 or 4; areas of perennial or intermittent seepage, ponds and drainageways
having short periods of spring or storm runoff. (Ord. 2656 ~ 1 (part), 11-29-91.)
15.20.040 - Applicability. This Section establishes regulations for the
protection of properties which are environmentally sensitive (critical areas).
Properties listed, identified, classified, or rated as environmentally sensitive
areas are those which are or may become designated environmentally sensitive
(critical areas) by the City of Port Angeles Comprehensive Plan or by separate
studies which indicate that all or portions of a particular area or specific site
are environmentally sensitive areas. A site specific analysis which indicates that
any element regulated by this Chapter is present will result in a property being
classified as environmentally sensitive.
A. All development proposals on sites which are identified as
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 Planning Director 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 residen-
tial 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.
C. When any p~ovision 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 lots or parcels on which
environmentally sensitive areas are located within the jurisdiction of the City
of Port Angeles. For specific environmentally sensitive features (stream
corridors, ravines, marine bluffs, beaches), critical area zones shall be defined
and designated as set forth below to assure that the properties subject to review
under this Chapter encompass all areas necessary to maintain the natural
hydraulic and habitat functions of the critical area. The approximate
distribution and extent of environmentally sensitive areas in the City and it's
Urban Growth Area 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 PAMe.
2. Environmentally Sensitive Areas Composite Maps, which
shall be prepared and revised as necessary from time to time by the Planning
Director 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
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11-91
15.20.030 -
moderate value to protect water quality. This classification shall be applied to
segments of natural waters which:
a. Are diverted for domestic use by more than 10
residential or camping units or by a public accommodation facility licensed to
serve more than 10 persons, where such diversion is determined by the
Department of Natural Resources to be a valid appropriation of water and the
only practical water source for such users. Such waters shall be considered to
be Type 3 Water upstream from the point of such diversion for 1,500 feet or
until the drainage area is reduced by 50 percent, whichever is less;
b. Are used by significant numbers of anadromous fish
for spawning, rearing or migration. Waters having the following characteristics
are presumed to have significant anadromous fish use:
i. Stream segments having a defined channel
of 5 feet or greater in width between the ordinary high-water marks; and having
a gradient of less than 12 percent and not upstream of a falls of more than 10
vertical feet.
ii. Impoundments having a surface area of less
than 1 acre at seasonal low water and having an outlet to an anadromous fish
stream.
c. Are used by significant numbers of resident game
fish. Waters with the following characteristics are presumed to have significant
resident game fish use:
i. Stream segments having a defined channel
of 10 feet or greater in width between the ordinary high-water marks; and a
summer low flow greater than 0.3 cubic feet per second; and a gradient of less
than 12 percent.
ii. Impoundments having a surface area greater
than 0.5 acre at seasonal low water.
d. Are high significant for protection of downstream
water quality. Tributaries which contribute greater than 20 percent of the flow
to a Type 1 or 2 Water are presumed to be significant for 1,500 feet from their
confluence with the Type 1 or 2 Water or until their drainage area is less than
50 percent of their drainage area at the point of confluence, whichever is less.
4. "Type 4 water" shall mean segments of natural waters
which are not classified as Type 1, 2 or 3. Their significance lies in their
influence on water quality downstream in Type 1, 2 or 3 waters. These may be
perennial or intermittent. This classification shall be applied to segments of
natural waters which are not classified as Type 1, 2 or 3, and for the purpose
of protecting water quality downstream are classified as Type 4 Water upstream
until the channel width becomes less than 2 feet in width between the ordinary
high-water marks.
5. "Type 5 water" means all other waters, in natural water
courses, including streams with or without a well-defined channel, areas of
perennial or intermittent seepage, ponds, and natural sinks. Drainage ways
having short periods of spring runoff are considered to be Type 5 waters. This
classification shall be applied to all natural waters not classified as Type 1, 2,
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11-91
15.20.030
o. "Stream corridor zones" means variable width planning areas
defined as setbacks from the ordinary high water elevation of the stream or
watercourse, or from the top of the bank or dike. Zones 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 corridor
zone will be established using the Locally Unique Feature Corridor Zone.
P. "Species of Concern and Priority Species Habitat" means habitat
supporting: (a) wildlife species that are of concern due to their population
status and their sensitivity to habitat alteration; and (b) recreationally important
species for which the maintenance of a stable population and surplus for
recreation may be affected by habitat loss or change.
Q. "Water types" include categories established pursuant to WAC
222-16-020 and -030, as follows:
1. "Type 1 water" means all waters, within their ordinary high-
water mark, as inventoried as "shorelines of the state" under chapter 90.58
RCW, but not including those waters' associated wetlands.
2. "Type 2 water" shall mean segments of natural waters
which are not classified as Type 1 water and have a high use and are important
from a water quality standpoint for domestic water supplies; public recreation;
fish spawning, rearing, or migration or wildlife uses; or are highly significant to
protect water quality. This classification shall be applied to segments of natural
waters which:
a. Are diverted for domestic use by more than 100
residential or camping units or by a public accommodation facility licensed to
serve more than 100 persons, where such diversion is determined by the
Department of Natural Resources to be a valid appropriation of water and the
only practical water source for such users. Such waters shall be considered to
be Type 2 Water upstream from the point of such diversion for 1,500 feet or
until the drainage area is reduced by 50 percent, whichever is less;
b. Are within a federal, state, local, or private
campground having more than 30 camping units: Provided. that the water shall
not be considered to enter a campground until it reaches the boundary of the
park lands available for public use and comes within 100 feet of a camping unit,
trail or other park improvement;
c. Are used by substantial numbers of anadromous or
resident game fish for spawning, rearing or migration. Waters having the
following characteristics are presumed to have highly significant fish
populations:
i. Stream segments having a defined channel 20
feet or greater in width between the ordinary high-water marks and having a
gradient of less than 4 percent.
ii. Impoundments having a surface area of 1 acre
or greater at seasonal low water.
3. "Type 3 Water" shall mean segments of natural waters
which are not classified as Type 1 or 2 water and have a moderate to slight use
and are moderately important from a water quality standpoint for domestic use;
public recreation; fish spawning, rearing, or migration or wildlife uses; or have
15-45
11-91
15.20.030
United States Geological Surveyor Department of Natural Resources Division
of Geology and Earth Resources.
2. Any area with a combination of: (a) slopes fifteen percent
(15%) 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 slope forty percent (40%) and with a vertical relief of
ten or more feet except areas composed of consolidated rock.
4. Any slope greater than eighty percent (80%).
5. Any area which has shown movement during the past
10,000 years or which is underlain by mass wastage debris from that period of
time.
6. 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).
H. "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 "critical area". Locally unique features in the Port Angeles
region include ravines, marine bluffs, and beaches and associated coastal drift
processes.
I. "Locally unique feature zones" means variable width planning
areas defined as setbacks from the top of ravines or bluffs, or corresponding to
the shoreline management zone for beaches and associated coastal drift
processes.
J. "Marine bluffs" means coastal features resulting 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
the landforms created by these processes.
K. "Priority habitats" means areas with one or more of the following
attributes: comparatively high wildlife density; high wildlife species richness;
significant wildlife breeding habitat, seasonal ranges, or movement corridors;
limited availability; and/or high vulnerability.
L. "Ravines" means narrow gorges normally containing steep slopes,
having little or no defined floodplain, and deeper than ten (10) vertical feet as
measured from the centerline of the ravine to the top of the slope.
M. "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.
N. "Steep slope hazard areas" means any ground that rises at an
inclination of forty percent (40%) or more within a vertical elevation change
of at least ten (10) feet (a vertical rise of ten feet or more for every twenty-five
feet of horizontal distance). A slope is delineated by establishing its toe and
top and measured by averaging the inclination over at least ten feet of vertical
relief.
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15.20.030
15.20.030 - Definitions. For the purposes of this Chapter, the following
definitions 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. "Critical areas" and "environmentally sensitive areas" include any
of the following areas and ecosystems:
1. Wetlands;
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. Significant fish and wildlife habitat areas; and
6. Locally unique features:
a. Ravines;
b. Marine bluffs;
c. Beaches and associated coastal drift processes.
C. "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.
D. "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.
E. "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.
F. "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.
G. "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:
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
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15.20.020
15.20.020 - Purpose. Surface streams and flood hazards, geologic
hazards (erosion, landslide, seismic), steep slopes, fish and wildlife habitat
areas, locally unique features (ravines, marine bluffs, beaches) and protective
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 on an
interim basis as required by the Growth Management Act and as provided in
the Guidelines promulgated by the Department of Community Development.
Accordingly, the intent of this Chapter is to use a performance-based approach
and establish minimum standards for development of properties which contain
or adjoin environmentally sensitive features and to protect the public health,
safety, and welfare in regard to environmentally sensitive areas by:
A. Mitigating unavoidable impacts by regulating alterations;
B. Protecting from impacts of development by regulating alterations;
C. Protecting the public from personal injury, loss of life or property
damage due to flooding, erosion, landslides, seismic events, or soil subsidence;
D. 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;
E. Protecting the public trust in navigable waters and as to aquatic
resources;
F.
Preventing adverse impacts to water availability, water quality and
streams;
G. Protecting unique, fragile, and valuable elements of the
environment, including wildlife and its habitat;
H. Alerting appraisers, assessors, owners, potential buyers, or lessees
to the development limitations of environmentally sensitive areas;
I. Providing City officials with sufficient information to adequately
protect environmentally sensitive areas when approving, conditioning, or
denying public or private development proposals; and
J. 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.
K. Provide protection of environmentally sensitive areas for an
interim 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. 2656 ~ 1 (part), 11-29-91.)
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11-91
15.20.010
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.
B. Development of geological (erosion hazard, landslide hazard,
seismic hazard) hazard areas and steep slopes 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. 2656 ~ 1 (part), 11-29-91.)
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11-91
15.20.0lD
CHAPTER 15.20
ENVIRONMENTALLY SENSITIVE AREAS PROTECTION
Sections:
15.20.0lD Findings of Fact
15.20.020 Purpose.
15.20.030 Definitions.
15.20.040 Applicability.
15.20.050 Permitted Uses.
15.20.060 Submittal Requirements.
15.20.070 Development Standards.
15.20.080 Development Exceptions.
15.20.090 Tracts and Easements.
15.20.100 Securities and Enforcement.
15.20.0lD - 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;
15-40
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15.16.010 -
15.16.030
Chapter 15.16
NOISE CONTROL
sections:
15.16.010
15.16.020
15.16.030
Adoption.
Variances.
Penalties.
15.16.010 Ado-ption. The following Chapters of
Title 173, Washington Administrative Code, as now exist-
ing, and all future amendments, additions and new sec-
tions, 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 Perform-
ance Standards. (Ord. 2309 ~1, 9-1-84.)
15.16.020 Variances. Any person seeking a vari-
ance as provided for in the regulations adopted by this
Chapter shall file an application with the Board of Ad-
justment within ten days of being cited for a noise vio-
lation. The application shall be accompanied by infor-
mation demonstrating why the applicant believes imme-
diate 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, 9-1-84.)
15.16.030 Penalties. Any person found in viola-
tion of the established noise levels of this Chapter
shall be subject to a civil penalty not to exceed One
Hundred Dollars per day of violation. (Ord. 2309 ~3,
9-1-84.)
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17.01.010
TITLE 17
ZONING
Chapters:
17.01 Purpose and Scope
17.03 Establishing Mapped Zones and Regulations
17.08 Rules and Definitions
17.10 RS-7 - Residential Single-Family (7,000 sq,ft.)
17.11 RS-9 - Residential Single-Family (9,000 sq,ft.)
17.12 RMF - Residential Multi-Family
17.13 RTP - Residential Trailer Park
17.18 Bed and Breakfast Conditional Use
17.20 OC - Office Commercial District
17.23 CN - Neighborhood Commercial District
17.24 CSD-C - Community Shopping District
17.26 ACD - Arterial Commercial District
17.28 CBD - Central Business District
17.32 LI - Light Industrial District
17.34 M-2 - Heavy Industrial
17.40 PBP - Public Buildings and Parks
17.67 Adult Entertainment Conditional Use Permit
17.70 PRD - Planned Residential Development District
17.86 HO - Home Occupations
17.87 RS - Retail Stand Conditional Use
17.91 Homes for the Elderly, Nursing Homes, Group Care
Homes
17.92 Wrecking Yards, Junk Yards
17.94 General Provisions, Conditions and Exceptions
17.95 Special Provisions
17.96 Administration and Enforcement
CHAPTER 17.01
PURPOSE AND SCOPE
Sections:
17.01.010 Purpose.
17.01.010 Purpose. This comprehensive Ordinance is adopted for the
following purposes:
A. To divide the City into zones and districts 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. 2668 ~ 1 (part), 1-17-92;
Ord. 1709 ~1 (part), 12-22-70.)
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17.01.010
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B. To protect the character and maintain the stability of residential,
commercial, and manufacturing areas within the City, and to promote the
orderly development of such areas. (Ord. 2668 ~ 1 (part), 1-17-92; Ord. 1709
~ 1 (part), 12-22-70.)
C. To regulate the intensity of use of lots and parcels of land, and
to determine the area of open spaces surrounding buildings necessary to
provide adequate light, air, privacy, and access to property. (Ord. 2668 ~ 1
(part), 1-17-92; Ord. 1709 ~ 1 (part), 12-22-70.)
D. 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 and for the loading and unloading of commercial
vehicles. (Ord. 2668 ~1 (part), 1-17-92; Ord. 1709 ~1 (part), 12-22-70.)
E. To establish building lines and the location of buildings designed
for residential, commercial, manufacturing, or other uses within such lines.
(Ord. 2668 ~ 1 (part), 1-17-92; Ord. 1709 ~ 1 (part), 12-22-70.)
F. To prevent the overcrowding of land and undue concentration of
structures so far as is possible and is appropriate in each district, by regulating
the use and the bulk of buildings in relation to the land surrounding them.
(Ord. 2668 ~ 1 (part), 1-17-92; Ord. 1709 ~ 1 (part), 12-22-70.)
G. To provide protection from fire, explosion, noxious fumes, and
other hazards in the interest of public health, safety, comfort, and general
welfare. (Ord. 2668 ~ 1 (part), 1-17-92; Ord. 1709 ~ 1 (part), 12-22-70.)
H. 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. 2668 ~ 1 (part), 1-17-92; Ord. 1709 ~ 1
(part), 12-22-70.)
I. To prohibit uses, buildings, or structures which are incompatible
with the character of development or the permitted uses within specified zoning
districts. (Ord. 2668 ~ 1 (part), 1-17-92; Ord. 1709 ~ 1 (part), 12-22-70.)
J. To conserve the taxable value of land and buildings throughout
the City. (Ord. 2668 ~ 1 (part), 1-17-92; Ord. 1709 ~ 1 (part), 12-22-70.)
K. To define and to limit the powers and duties of the administrative
officers and bodies as provided herein. (Ord. 2668 ~ 1 (part), 1-17-92; Ord.
1709 ~ 1 (part), 12-22-70.)
L. Zoning Intentions:
1. RS-7 Zone - The purpose of the RS-7 District is 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 district. (Ord. 2668 ~ 1 (part), 1-17-92;
Ord. 2385 ~ 1 (part), 5-18-86; Ord. 1709 ~ 1 (part), 12-22-70.)
2. RS-9 Zone - The purpose of the RS-9 District is to create
and preserve suburban single-family residential neighbor-hoods 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 District. (Ord. 2668 ~ 1 (part),
1-17-92; Ord. 2385 ~2 (part), 5-18-86; Ord. 1709 ~ 1 (part), 12-22-70.)
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17.01.010
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3. RMF Zone - This zone is the designated area for multi-
family residential structures. Compatible uses may be allowed on Conditional
Use Permits, but the zone is still regarded as a residential area, where
commercial enterprises are not generally felt to be compatible. (Ord. 2668 ~ 1
(part), 1-17-92; Ord. 1709 ~ 1 (part), 12-22-70.)
4. PRD District - This District is to provide alternative zoning
regulations which permit and encourage design flexibility, conservation of
natural amenities, and innovation in residential developments. 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 zoning districts. The consolidation of permit reviews does not
exempt applicant(s) from meeting the regulations and submitting the fees and
applications normally required for the underlying permit processes. (Ord. 2668
~ 1 (part), 1-17-92; Ord. 2657 ~ 1 (part), 12-13-91; Ord. 2038 ~ 1 (part), 7-29-79.)
5. RTP Zone - This zone is intended for mobile home
occupancies only. Conventional dwellings are excluded, but the area is
regarded as essentially residential in character. (Ord. 2668 ~ 1 (part), 1-17-92;
Ord. 1709 ~ 1 (part), 12-22-70.)
6. OC Zone - It is for those business, office, administrative,
or professional uses which do not involve the retail sale of goods, but rather
provide a service to clients, the provision of which does not create high traffic
volumes, involve extended hours of operation, or contain impacts that would
be detrimental to adjacent residential areas. (Ord. 2668 ~ 1 (part), 1-17-92;
Ord. 2109 ~ 2, 12-7-80.)
7. CN Zone - The purpose of the Neighborhood Commercial
District, which shall also be known as CN, is to create and preserve areas for
business that provide the goods and services for the day-to-day needs of the
surrounding residential areas. Such a District shall be located and designed to
encourage both pedestrian and vehicular access and to be compatible with
adjacent residential neighborhoods. (Ord. 2668 ~ 1 (part), 1-17-92; Ord. 2553
~ 1, 12-2-89.)
8. CSD-Cl Zone - This zoning is essentially the same as the
CN District with the difference being lack of planned development as a single
project. It represents those areas where businesses occur on small sites and are
of the type providing goods and services required daily by the surrounding
residential zones. (Ord. 2668 ~ 1 (part), 1-17-92; Ord. 1709 ~ 1 (part), 12-22-70.)
9. CSD-C2 Zone - This zone is also oriented primarily to
those businesses serving the immediate needs of the surrounding residential
zones but is slightly less restrictive than the CSD-C1 zone and as such provides
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17.01.010
, 4
a transition area from the most restrictive commercial zones to those of lesser
restrictions. (Ord. 2668 ~ 1 (part), 1-17-92; Ord. 1709 ~ 1 (part), 12-22-70.)
10. CBD Zone - To strengthen and preserve the area
commonly known as the Downtown for major retail, service, financial, and
commercial operations that serve the entire community, the regional market,
and tourists. It is further the purpose of this District to establish standards to
improve pedestrian access and amenities and to increase public enjoyment of
the shoreline. (Ord. 2668 ~ 1 (part), 1-17-92; Ord. 2303 ~ 1 (part), 7-4-84; Ord.
1709 ~ 1 (part), 12-22-70.)
11. ACD Zone - To create and preserve areas for business
serving the entire City that need an arterial location because of the nature of
the business or intensity of traffic generated. (Ord. 2668 ~ 1 (part), 1-17-92;
Ord. 2293 ~ 1 (part), 4-4-84.)
12. LI Zone - To create and preserve areas for industrial uses
in a planned, park-like setting, in close proximity to airports and highways.
(Ord 2668 ~ 1 (part), 1-17-92; Ord. 2329 ~ 1 (part), 3-11-85.)
13. M-2 Zone - The least restrictive industrial area intended
to be the area in which heavy industry could develop causing the least friction
with other land uses. (Ord. 2668 ~ 1 (part), 1-17-92; Ord. 1709 ~ 1 (part),
12-22-70.)
14. PBP Zone - A zoning designation for publicly-owned
property, or property not 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". (Ord. 2668 ~ 1 (part), 1-17-92;
Ord. 1709 ~ 1 (part), 12-22-70.)
15. Bed and Breakfast Conditional Use - The purpose of the
bed and breakfast conditional use is to ensure the bed and breakfast is
compatible with its surrounding properties, and when located in a residential
neighborhood, to preserve the residential character of the neighborhood and
the surrounding residences. (Ord. 2668 ~ 1 (part), 1-17-92; Ord. 2483 ~ 1 (part),
3-23-88.)
16. Home Occupation Conditional Use - The purpose of the
Home Occupation Conditional Use is to ensure that an occupation or business
undertaken within a dwelling unit located in a residential use district is
incidental to the primary use and is compatible with the residential character
of the neighborhood. (Ord. 2668 ~ 1 (part), 1-17-92; Ord. 2103 ~2, 10-18-80.)
17. Retail Stand Conditional Use - The purpose ofthis Chapter
is to ensure that retail stands are appropriately located in the commercial and
public building areas, are compatible with the uses allowed in such areas, are
conducive to the public health, safety, and welfare, and promote the diversity
of retail stand activity. (Ord. 2668 ~ 1 (part), 1-17-92; Ord. 2070 ~ 1 (part),
3-29-80.)
18. Adult Entertainment Conditional Use - The purpose of this
Chapter is to ensure that adult entertainment businesses are appropriately
located and operated within the City of Port Angeles, are compatible with uses
allowed within the City, and are conducive to the public health, safety, and
welfare. (Ord. 2668 ~ 1 (part), 1-17-92); Ord. 2511 ~ 1 (part), 10-4-88.)
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17.01.010 -
17.03.020
19. Elderly Housing Conditional Use - In order to provide
adequate facilities and environment for elderly persons in the City of Port
Angeles, special provisions are needed and shall be established and maintained.
(Ord. 2668 ~ 1 (part), 1-17-92; Ord. 1709 ~ 1 (part), 12-22-70.)
CHAPTER 17.03
ESTABLISHING MAPPED ZONES AND REGULATIONS
Sections:
17.03.010 Purpose.
17.03.020 Zoning Map.
17.03.010 Purpose. For the purpose of these Regulations the City of
Port Angeles is divided into twelve zoning classifications as follows:
ABBREVIATED
CHAPTER DESIGNATION ZONE CLASSIFICATION
17.11
RS-9
Residential Single-Family
District
Residential Single-Family
District
Residential Multi - Family
District
Residential Trailer Park
District
Office Commercial District
Neighborhood Commercial
District
CSD-C1 Community Shopping District
CSD-C2 Community Shopping District
17.26 ACD Arterial Commercial District
17.28 CBD Central Business District
17.32 U Industrial Park District
17.34 M-2 Heavy Industrial District
17.40 PBP Public Building - Park District
(Ord. 2668 ~2 (part), 1-17-92; Ord. 1709 ~ 1 (part), 12-22-70.)
17.10
RS-7
17.12
RMF
17.13
RTP
17.20
17.23
OC
CN
17.24
17.03.020 Zoning Map. A Zoning Map, showing the location and the
boundaries of the various zoning districts in the City, shall be established as the
Official Zoning Map, and shall be an integral part of these Zoning Regulations.
(Ord. 2668 ~2 (part), 1-17-92; Ord. 1709 ~ 1 (part), 12-22-70.)
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17.08.001 -
17.08.002
) .
Chapter 17.08
RULES AND DEFINITIONS
Sections:
17.08.001 General.
17.08.002 Rules.
17.08.010 "A".
17.08.015 "B".
17.08.020 "C".
17.08.025 "D".
17.08.030 "E".
17.08.035 "F".
17.08.040 "G".
17.08.045 "Hit.
17.08.050 "J".
17.08.055 "K".
17.08.060 "L".
17.08.065 "M".
17.08.070 "N".
17.08.075 "0".
17.08.080 uP".
17.08.090 IIR".
17.08.095 "S".
17.08.100 "T'.
17.08.105 "U".
17.08.110 "V".
17.08.125 "yn.
17.08.130 "Zit.
17.08.001 General. Words and terms in this Article are included
because of special or particular meanings as they are used in these Regulations.
(Ord. 2652 ~ 1 (part), 9-27-91; Ord. 1709 ~ 1 (part), 12-22-70.)
17.08.002 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 phase "used for" shall include the phrases
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17.08.002 ~
17.08.015
"arranged for", "designed for", "intended for", "maintained for", and
"occupied for". (Ord. 2652 ~ 1 (part), 9-27-91; Ord. 1709 ~ 1 (part),
12-22-70. )
17.08.0lD - "A"
A. Accessory Building or Use - one which:
1. is subordinate to, and serves a principal building or
principal use, and
2. is subordinate in area, extent or purpose to the principal
building or principal use served, and
3. is located on the same zoning lot as the principal building
or principal use served.
An accessory building or use includes, but is not limited to the
following:
1.
2.
permitted use.
3. incinerators incidental to a permitted use.
4. storage of goods used in or produced by manufacturing
activities, on the same zoning lot with such activities, unless such storage is
excluded by the district regulations.
5. offstreet motor vehicle parking areas and loading facilities.
6. signs as permitted and regulated in each district in these
Regulations. (Ord. 2652 ~ 1 (part), 9-27-91; Ord. 1709 ~ 1 (part), 12-22-70.)
B. Adult Family Home - an adult home is the regular family dwelling
of a person or persons who are providing personal care, room and board to
more than one but not more than four adults who are not related by blood or
marriage to the person or persons providing the services; except that a
maximum of six adults may be permitted if the Washington State Department
of Social and Health Services determines that the home and the provider are
capable of meeting standards and qualifications provided for by law (RCW
70.128.010). (Ord. 2652 ~ 1 (part), 9-27-91.)
C. Alley - a public right of way which provides service access to
abutting property. (Ord. 2652 ~ 1 (part), 9-27-91; Ord. 1709 ~ 1 (part),
12-22-70. )
D. 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. 2652 ~ 1 (part), 9-27-91; Ord. 1709 ~ 1 (part), 12-22-70.)
a children's playhouse, garden house, or private greenhouse.
a garage, carport, or a building for storage incidental to a
17.08.015 - "B"
A. Billboard - (See definition of Outdoor Advertising Display, Sign
or Billboard). (Ord. 2652 ~ 1 (part), 9-27-91; Ord. 1709 ~ 1 (part), 12-22-70.)
B. Building, Accessory - (See "Accessory Building or Use"). (Ord.
2652 ~ 1 (part), 9-27-91; Ord. 1709 ~ 1 (part), 12-22-70.)
C. Building, Detached - a building surrounded by an open space on
the same lot as the principal building. (Ord. 2652 ~ 1 (part), 9-27-91; Ord. 1709
~ 1 (part), 12-22-70.)
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17.08.015 -
17.08.020
D. 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. 2652 ~ 1 (part), 9-27-91; Ord. 1709 ~ 1 (part),
12-22-70.)
E. 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. 2652 ~ 1 (part), 9-27-91; Ord. 1709 ~ 1 (part), 12-22-70.)
F. Building, Residential - a building arranged, designed, used, or
intended to be used for residential occupancy by one or more families or
lodgers. (Ord. 2652 ~ 1 (part), 9-27-91; Ord. 1709 ~ 1 (part), 12-22-70.)
G. Business Parking Lot and/or Structures - a commercial offstreet
parking lot or structure used exclusively for parking and/or storage of vehicles.
(Ord. 2652 ~ 1 (part), 9-27-91; Ord. 1709 ~ 1 (part), 12-22-70.)
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), 9-27-91; Ord. 1709 ~ 1 (part), 12-22-70.)
B. 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. 2652 ~ 1
(part), 9-27-91.)
C. 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. 2652 ~ 1 (part), 9-27-91.)
D. Commission - the appointed Planning Commission. (Ord. 2652
~1 (part), 9-27-91; Ord.1709 ~1 (part), 12-22-70.)
E. Conditional Use Permit - a limited permission to locate a
particular use at a particular location, and which limited permission is required
to modify the controls stipulated by these Regulations in such degree as to
assure that the particular use shall not prove detrimental to surrounding
properties, shall not be in conflict with the Comprehensive Plan, and shall not
be contrary to the public interest. (Ord. 2652 ~ 1 (part), 9-27-91; Ord. 1709 ~ 1
(part), 12-22-70.)
F. Conditional Use - a use permitted in a zoning district 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. 2652 ~ 1 (part),
9-27-91; Ord. 1709 ~ 1 (part), 12-22-70.)
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17.08.020 -
17.08.025
G. 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 zoning district in which such
building or structure is located. (Ord. 2652 ~ 1 (part), 9-27-91; Ord. 1709 ~ 1
(part), 12-22-70.)
H. Conforming Lot - a lot that contains the required width, depth
and square footage as specified in the zoning district in which the lot is
situated. (Ord. 2652 ~1 (part), 9-27-91; Ord. 1709 ~1 (part), 12-22-70.)
I. Conforming Use - a use that is listed as a Permitted or
Conditional Use in the zoning district in which the use is situated. (Ord.2652
~1 (part), 9-27-91; Ord.1709 ~1 (part), 12-22-70.)
J. Council - the City Council. (Ord. 2652 ~ 1 (part), 9-27-91; Ord.
1709 ~1 (part), 12-22-70.)
K. 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. 2652 ~ 1 (part), 9-27-91; Ord. 1709 ~ 1 (part),
12-22-70.)
17.08.025 - "D"
A. Dormitory - a residence hall providing sleeping rooms, with or
without eating facilities. (Ord. 2652 ~ 1 (part), 9-27-91; Ord. 1709 ~ 1 (part),
12-22-70.)
B. Dump - an area devoted to the disposal of refuse, including
incineration, reduction, or dumping of ashes, garbage, combustible or non-
combustible refuse. (Ord. 2652 ~ 1 (part), 9-27-91; Ord. 1709 ~ 1 (part),
12-22-70.)
C. Duplex - a residential building containing two one-family dwelling
units within the four walls of the building. (Ord. 2652 ~ 1 (part), 9-27-91; Ord.
1709 ~ 1 (part), 12-22-70.)
D. Dwelling - a building, or portion thereof, but not an automobile
house trailer, designed or used exclusively for residential occupancy, including
one-family dwellings, two-family dwellings, and multi-family dwellings, but not
including hotels, motels or lodging houses. (Ord. 2652 ~ 1 (part), 9-27-91; Ord.
1709 ~ 1 (part), 12-22-70.)
E. Dwelling Unit - one or more rooms which are arranged, designed
or used as living quarters for one family only. Individual bathrooms are not
necessarily provided, but complete single kitchen facilities, permanently
installed, shall always be included for each dwelling unit. (Ord. 2652 ~ 1 (part),
9-27-91; Ord. 1709 ~ 1 (part), 12~22-70.)
F. Dwelling, One-Family - a building containing one dwelling unit
only. (Ord. 2652 ~ 1 (part), 9-27-91; Ord. 1709 ~ 1 (part), 12-22-70.)
G. Dwelling, Two-Family - a building containing two dwelling units
only. (Ord. 2652 ~1 (part), 9-27-91; Ord.1709 ~1 (part), 12-22-70.)
H. Dwelling, Multi-family - a building or a portion thereof containing
three or more dwelling units. (Ord. 2652 ~ 1 (part), 9-27-91; Ord. 1709 ~ 1
(part), 12-22-70.)
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17.08.030 -
17.08.045
17.08.030 - "E"
A 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. 2652 ~ 1 (part), 9-27-91; Ord. 1709 ~ 1 (part),
12-22-70.)
B. Establishment, Business or Cqmmercial - 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. 2652 ~ 1 (part), 9-27-91; Ord. 1709 ~ 1 (part), 12-22-70.)
C. Existing (pre-existing) - a use, lot, or building that existed at the
time of the passage of these Regulations. (Ord. 2652 ~ 1 (part), 9-27-91; Ord.
1709 ~ 1 (part), 12-22-70.)
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), 9-27-91.)
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), 9-27-91.)
C. Fence - that which is built, constructed, or grown, 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. (Ord. 2652 ~ 1 (part), 9-27-91; Ord. 1709 ~Q1 (part), 12-22-70.)
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), 9-27-91;
Ord. 1709 ~1 (part), 12-22-70.)
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), 9-27-91;
Ord. 1709 ~ 1 (part), 12-22-70.)
17.08.045 - "H"
A. Height - total distance in feet from average ground elevation at
perimeter walls to top of sign or structure. (Ord. 2652 ~ 1 (part), 9-27-91; Ord.
1709 ~ 1 (part), 12-22-70.)
B. Home Occupation - is an occupation or business activity which
results in a product or service and is conducted in whole or in part in the
dwelling unit, and is clearly subordinate to the residential use of the property.
(Ord. 2652 ~ 1 (part), 9-27-91; Ord. 2103 ~ 1, 10-18-80; Ord. 2265 ~ 1 (part),
9-19-83; Ord. 1709 ~ 1 (part), 12-22-70.) 17-10
1-92
, .
" J
, ,
, ~
17.08.045 -
17.08.060
C. Hospital - an institution specializing in giving clinical, temporary
and emergency services of a medical or surgical nature to human patients and
licensed by Washington State Law. (Ord. 2652 ~ 1 (part), 9-27-91; Ord. 1709
~ 1 (part), 12-22-70.)
D. Hospital, Mental - (Including treatment of alcoholics) - an
institution licensed by Washington State Agencies under provisions of law to
offer facilities, care, and treatment for cases of mental and nervous disorders
and alcoholics. (Ord. 2652 ~1 (part), 9-27-91; Ord. 1709 ~1 (part), 12-22-70.)
17.08.050 - "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. 2652 ~ 1 (part),
9-27-91; Ord. 1709 ~ 1 (part), 12-22-70.)
17.08.055 - "K"
A. Kennel - a place where three (3) or more dogs or cats, four
months old or older, or any combination of dogs and cats, are kept, whether by
owners of the dogs and cats or by persons providing facilities and care, whether
for compensation or not. Provided that this shall not include house pets. (Ord.
2652 ~ 1 (part), 9-27-91; Ord. 1709 ~ 1 (part), 12-22-70.)
17.08.060 - "L"
A. Legal Building, Structure, Land Use - any building, structure or
use of the land that complies with all zoning requirements. (Ord. 2652 ~ 1
(part), 9-27-91; Ord. 1709 ~ 1 (part), 12-22-70.)
B. 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. 2652 ~ 1 (part),
9-27-91; Ord. 1709 ~ 1 (part), 12-22-70.)
C. Lot, of Record - a parcel of land' that is registered as a lot or
parcel of land in the records of the County Auditor. (Ord. 2652 ~ 1 (part),
9-27-91; Ord. 1709 ~ 1 (part), 12-22-70.)
D. 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 mayor may not coincide with a lot of
record. (Ord. 2652 ~ 1 (part), 9-27-91; Ord. 1709 ~ 1 (part), 12-22-70.)
E. Lot, Corner - a lot situated at the intersection of two or more
streets. (Ord. 2652 ~ 1 (part), 9-27-91; Ord. 1709 ~ 1 (part), 12-22-70.)
F. Lot, Reverse Comer - a comer lot in which the rear property line
coincides with the side property line of an abutting lot. (Ord. 2652 ~ 1 (part),
9-27-91; Ord. 1709 ~1 (part), 12-22-70.)
G. 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.
17-11
1-92
17.08.065 -
17.08.075
Both lot lines abutting streets shall be deemed front lot lines. (Ord. 2652 ~ 1
(part), 9-27-91; Ord. 1709 ~ 1 (part), 12-22-70.)
H. Lot Line, Front - that boundary of a lot which abuts a street.
(Ord 2652 ~ 1 (part), 9-27-91; Ord. 1709 ~ 1 (part), 12-22-70.)
1. Lot Line, Rear - that boundary of a lot which is most distant from
and is most nearly parallel to the front lot line. (Ord. 2652 ~ 1 (part), 9-27-91;
Ord. 1709 ~ 1 (part), 12-22-70.)
J. Lot Line, Side - any boundary of a lot which is not a front nor a
rear lot line. (Ord. 2652 ~ 1 (part), 9-27-91; Ord. 1709 ~ 1 (part), 12-22-70.)
17.08.065 - "M"
A 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. 2652 ~ 1 (part), 9-27-91; Ord. 1709 ~ 1 (part),
12-22-70.)
B. 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.
2652 ~1 (part), 9-27-91; Ord. 1709 ~1 (part), 12-22-70.)
C. 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. 2652 ~ 1 (part), 9-27-91; Ord. 1709
~ 1 (part), 12-22-70.)
17.08.070 - "N"
A 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 district in which it is located, either
at the effective date of these Regulations or as the result of subsequent
amendments to these Regulations. (Ord. 2652 ~ 1 (part), 9-27-91; Ord. 1709 ~ 1
(part), 12-22-70.)
B. 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.
2652 ~1 (part), 9-27-91; Ord. 1709 ~1 (part), 12-22-70.)
C. 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. 2652 ~ 1 (part),
9-27-91; Ord. 1709 ~1 (part), 12-22-70.)
17.08.075 - "0"
A. Offstreet Parking Space - an area of at least 10 feet in width and
20 feet in length situated on territory other than a public or private street, alley,
highway or trafficway, and used only for the storage of vehicles. (Ord. 2652 ~ 1
(part), 9-27-91; Ord. 1709 ~1 (part), 12-22-70.)
17-12
1-92
, .
; ;
" '
17.08.075 -
17.08.090
B. Outdoor Advertising Display, Sign, or Billboard - any material of
any kind placed, painted or printed for outdoor advertising purposes on or in
the ground, or on any tree, wall, rock, fence, building, or structure. (Ord. 2652
~1 (part), 9-27-91; Ord. 1709 ~1 (part), 12-22-70.)
C. Outdoor Advertising Structure - a structure of any kind erected
or maintained for outdoor advertising purposes, upon which any outdoor
advertising display, sign, or billboard is or may be placed. (Ord. 2652 ~ 1 (part),
9-27-91; Ord. 1709 ~ 1 (part), 12-22-70.)
17.08.080 - "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), 9-27-91.)
B. Person - includes an individual, firm, partnership, association or
corporation. (Ord. 2652 ~ 1 (part), 9-27-91; Ord. 1709 ~ 1 (part), 12-22-70.)
C. 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. 2652 ~ 1 (part), 9-27-91; Ord. 1709 ~ 1
(part), 12-22-70.)
D. Public Open Space - any public owned open area; parks,
playgrounds, playfields, beaches, waterways, parkways, boulevards, streets,
greenbelts. (Ord. 2652 ~ 1 (part), 9-27-91; Ord. 1709 ~ 1 (part), 12-22-70.)
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), 9-27-91; Ord. 1709 ~ 1 (part), 12-22-70.)
B. Recreation Facility or Area, Non-Commercial - a facility or area
for recreation purposes, such as a swimming pool, park, tennis court,
playground. or other similar use operated and maintained by a non-profit club
or organization. (Ord. 2652 ~ 1 (part), 9-27-91; Ord. 1709 ~ 1 (part), 12-22-70.)
C. 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. 2652 ~ 1 (part), 9-27-91; Ord. 1709 ~ 1 (part),
12-22-70. )
D. Residential Care Facility - a residential care facility means a
facility, licensed by the State, that cares for at least 5 but not more than 15
17-13
1-92
17.08.090 -
17.08.095
people with functional disabilities, that has not been licensed as an adult family
home pursuant to RCW 70.128.175. (Ord. 2652 ~ 1 (part), 9-27-91.)
E. Rest Home, Nursing Home, Home for the Elderly - a private
home or institution for the care of the aged or the infirm; a place of rest and
care for those suffering bodily disorders. (Ord. 2652 ~ 1 (part), 9-27-91; Ord.
1709 ~ 1 (part), 12-22-70.)
F. Roof - a structure covering any portion of a building or structure,
including the projections beyond the walls or supports. (Ord. 2652 ~ 1 (part),
9-27-91; Ord. 1709 ~ 1 (part), 12-22-70.)
17.08.095 - "S"
A. Service Station - an establishment which provides for the servicing
of motor vehicles and operations incidental thereto, limited to the retail sale
of petroleum products and automobile accessories; automobile washing (not
including auto laundry); waxing and polishing of automobiles; tire changing and
repair (not including recapping); battery service, charging, and replacement (not
including repair and rebuilding); radiator cleaning and flushing (not including
steam cleaning and repair); installation of accessories; and the following
operations if conducted wholly within a building: lubrication of motor vehicles,
brake servicing, wheel balancing, tire testing, and replacement of carburetors,
coils, condensers, fan belts, wiring, water hoses, and similar parts. (Ord. 2652
~1 (part) 9-27-91; Ord. 1709 ~1 (part), 12-22-70.)
B. Setback - the required minimum distance between any lot line and
any structure or building. (Ord. 2666 ~ 1 (part), 1-17-92.)
C. 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.
2666 ~ 1 (part), 1-17-92; Ord. 1709 ~ 1 (part), 12-22-70.)
D. Sign, Attached - a sign or billboard, lighted or unlighted, directly
attached to, supported by, and no more than 2 feet distance from, a building.
(Ord. 2666 ~ 1 (part), 1-17-92; Ord. 1709 ~ 1 (part), 12-22-70.)
E. Sign, Billboard - an outdoor advertising display, structure or sign,
over 250 square feet in area, attached or detached, lighted or unlighted. (Ord.
2666 ~ 1 (part), 1-17-92; Ord. 1709 {j 1 (part), 12-22-70.)
F. Sign, Business - a sign which directs attention to a business or
profession conducted, or to a commodity, service, or entertainment sold or
offered, upon the premises on which such sign is located or to which it is
affixed. (Ord. 2666 ~ 1 (part), 1-17-92; Ord. 1709 ~ 1 (part), 12-22-70.)
G. Sign, Detached - a sign or billboard, lighted or unlighted, which
is separated from and not a part of a building. A sign or billboard on the top
of and more than two feet in distance from a building shall be considered a
detached sign. (Ord. 2666 ~ 1 (part), 1-17-92; Ord. 1709 ~ 1 (part), 12-22-70.)
H. Sign, Flashing - a sign which is illuminated by artificial light which
is not maintained stationary or constant in intensity and color at all times when
such sign is in use. For the purpose of this Zoning Code, a revolving
illuminated sign shall also be considered a flashing sign. (Ord. 2666 {j 1 (part),
1-17-92; Ord. 1709 ~ 1 (part), 12-22-70.)
17-14
1-92
, '
17.08.095 -
17.08.100
1. Sign, Official Traffic, Directional, or Warning - a sign that is
erected by a public authority to protect the health, safety and welfare of the
public. (Ord. 2666 ~ 1 (part), 1-17-92; Ord. 1709 ~ 1 (part), 12-22-70.)
J. Sign, Temporary - a sign constructed of cloth, canvas, cardboard,
wallboard, or other lightweight material, intended to be displayed for a limited
period of time, not to exceed thirty (30) days within a single calendar year,
typically advertising a one-time event, unless otherwise specified. (Ord. 2666
~ 1 (part), 1-17-92; Ord. 1709 ~ 1 (part), 12-22-70.)
K. Stable, Private - a detached accessory building in which only the
horses and cows owned by the occupants of the premises are kept, and in which
no horses and cows are kept for hire, remuneration, or sale. (Ord. 2652 ~ 1
(part), 9-27-91; Ord. 1709 ~ 1 (part), 12-22-70.)
L. Stand - a structure for the display and sale of products, with no
space for customers within the structure itself. (Ord. 2652 ~ 1 (part), 9-27-91;
Ord. 1709 ~ 1 (part), 12-22-70.)
M. 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. 2652 ~ 1 (part), 9-27-91;
Ord. 1709 ~ 1 (part), 12-22-70.)
N. Street - a public right-of-way which affords a primary means of
access to abutting property. (Ord. 2652 ~ 1 (part), 9-27-91; Ord. 1709 ~ 1 (part),
12-22-70.)
O. Street Right-of-Way Line - the boundary line between a street and
abutting property. (Ord. 2652 ~ 1 (part), 9-27-91; Ord. 1709 ~ 1 (part),
12-22-70.)
P. 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 or water, but not including fences or walls
used as fences six feet or less in height. (Ord. 2652 ~ 1 (part), 9-27-91; Ord.
1709 ~ 1 (part), 12-22-70.)
Q. 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. 2652 ~ 1 (part), 9-27-91; Ord.
1709 ~1 (part), 12-22-70.)
R. Supported Living Arrangements - a supported living arrangement
means a dwelling unit owned or rented by one or more persons with functional
disabilities who receive assistance with activities of daily living, instrumental
activities of daily living, and/or medical care from an individual or agency
licensed and/or reimbursed by a public agency to provide such assistance.
(Ord. 2652 ~ 1 (part), 9-27-91.)
17.08.100 tiT'
A. Through Lot - (See "Lot, Through".) (Ord. 2652 ~ 1 (part),
9-27-91; Ord. 1709 ~ 1 (part), 12-22-70.)
B. Trailer, Automobile (Mobile Home, Vacation Trailer) - a vehicle
without motor power, designed to be drawn by a motor vehicle and to be used
for human habitation; including a trailer coach and any self-propelled vehicle
17-15
1-92
17.08.100 -
17.08.125
. ,
having a body designed for, or converted to the same uses as an automobile
trailer without motor power. (Ord. 2652 ~ 1 (part), 9-27-91; Ord. 1709 ~ 1
(part), 12-22-70.)
C. Trailer Park, Trailer Court, Mobile Home 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. 2652 ~ 1 (part), 9-27-91; Ord.
1709 ~ 1 (part), 12-22-70.)
17.08.105 - "U"
A. 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. 2652
~ 1 (part), 9-27-91; Ord. 1709 ~ 1 (part), 12-22-70.)
B. Use, Principal- the main use of land or buildings as distinguished
from a subordinate or accessory use. (Ord. 2652 ~ 1 (part), 9-27-91; Ord. 1709
~ 1 (part), 12-22-70.)
C. Utility Building or Structure - an installation to provide utility
service. (Ord. 2652 ~ 1 (part), 9-27-91; Ord. 1709 ~ 1 (part), 12-22-70.)
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), 9-27-91;
Ord. 1709 ~ 1 (part), 12-22-70.)
17.08.125 - "Y"
A Yard - an open space on a zoning lot which is unoccupied and
unobstructed from its lowest level to the sky, except as otherwise permitted in
the Permitted Intrusions in Required Yards in these Regulations. A yard
extends along and at right angles to a lot line to a depth or width specified in
the yard regulations for the zoning district in which such zoning lot is located.
(Ord. 2652 ~ 1 (part), 9-27-91; Ord. 1709 ~ 1 (part), 12-22-70.)
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), 9-27-91;
Ord. 1709 ~ 1 (part), 12-22-70.)
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),
9-27-91; Ord. 1709 ~1 (part), 12-22-70.)
D. Yard, Side - extends along a side lot lien from the front yard to
the rear yard, between the side lot line and to the closest building on the same
17-16
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, \
17.08.125 -
17.10.020
lot, or to a distance designated in Zoning Regulations. (Ord. 2652 ~ 1 (part),
9-27-91; Ord. 1709 ~1 (part), 12-22-70.)
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), 9-27-91; Ord.
1709 ~1 (part), 12-22-70.)
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 mayor may not coincide with a lot of
record. (Ord. 2652 ~ 1 (part), 9-27-91; Ord. 1709 ~ 1 (part), 12-22-70.)
Chapter 17.10
RS-7 RESIDENTIAL SINGLE-FAMILY DISTRICT
Sections:
17.10.010 Purpose of the RS-7 District.
17.10.020 Permitted Uses.
17.10.030 Accessory Uses.
17.10.040 Conditional Uses.
17.10.050 Area and Dimensional Requirements.
17.10.060 Off-Street Parking.
17.10.070 Signs.
17.10.010 Purpose of the RS-7 District. The purpose of the RS-7
District is 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 District. (Ord. 2385 ~ 1
(part), 5-28-86; Ord. 1709 ~ 1 (part), 12-22-70.)
17.10.020 Permitted Uses.
A. Detached single-family dwellings (on individual lots ).
B. Manufactured homes, on individual lots, provided each
manufactured home:
1. Consists of two or more sections, each 8 feet or greater in
width along its entire length; Provided that combinations of narrower sections
may be substituted if said combinations are at least the equivalent of 8-foot
wide sections.
2. Bears an insignia issued by the appropriate Federal agency
indicating that it complies with the construction standards of the U. S.
Department of Housing and Urban Development (HUD) as amended;
17-17
1-92
17.10.020 -
17.10.050
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.
C. Adult Family Home.
D. Supported Living Arrangement. (Ord. 2652 ~2, 9-27-91; Ord.
2385 ~ 1 (part), 5-28-86; Ord. 1709 ~ 1 (part), 12-22-70.)
17.10.030 Accessory Uses.
A. Garages and carports.
B. Greenhouses, gazebos,
structures.
C.
D.
5-28-86.)
storage sheds, and similar accessory
Swimming Pools.
Private television satellite reception dishes. (Ord. 2385 ~ 1 (part),
17.10.040 Conditional Uses.
A Agricultural nurseries and greenhouses.
B. Art galleries and museums.
C. Churches.
D. Communications transmission buildings and structures; e.g., radio
tower.
E. Child daycare centers and pre-schools.
F. Duplexes.
G. Group homes and hospices.
H. Home occupations.
1. Libraries.
J. Nursing and convalescent homes.
K. Public parks and recreation facilities.
L. Public utility structures.
M. Public and private schools.
N. Radio and television stations, provided that antenna is on site.
O. Residential Care Facilities.
P. Other uses compatible with the intent of this Chapter. (Ord.2652
~2, 9-27-91; Ord. 2636 ~2, 5-15-91; Ord. 2385 ~ 1 (part), 5-28-86; Ord. 1709 ~ 1
(part), 12-22-70.)
17.10.050 Area and Dimensional Requirements.
A Permitted uses
1. Minimum lot area: 7,000 square feet.
2. Minimum lot width: 50 feet.
3. Minimum setback:
Front 20 feet;
Rear 20 feet, except 10 feet for detached accessory
buildings in the rear one-third of the lot;
17-18
1-92
. .
, .
17.10.050 -
17.11.010
Interior 7 feet, except 3 feet for detached accessory
sides buildings in the rear one-third of the lot
Side, abutting
a street 13 feet;
Side, abutting
an alley: 10 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.
4. Maximum lot coverage: 30%
5. Maximum height: 30 feet.
B. Conditional uses Conditional uses shall comply with the minimum
standards in Subsection 17.1O.050A, 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 District. (Ord. 2385 ~ 1 (part), 5-28-86; Ord. 1709 ~ 1
(part), 12-22-70.)
17.10.060 Off-Street Parking. (See Chapter 14.40 PAMC). (Ord.2385
~1 (part), 5-28-86; Ord.1709 ~1 (part), 12-22-70.)
17.10.070 Signs. One sign per lot is permitted, which sign shall be one
square foot in area, unlighted, and displaying only the name of the occupant;
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. 2385 ~1 (part), 5-28-86; Ord.1709 ~1 (part), 12-22-70.)
Chapter 17.11
RS-9 - RESIDENTIAL SINGLE-FAMILY
Sections:
17.11.010 Purpose of the RS-9 District.
17.11.020 Permitted Uses.
17.11.030 Accessory Uses.
17.11.040 Conditional Uses.
17.11.050 Area and Dimensional Requirements.
17.11.060 Off-Street Parking.
17.11.070 Signs.
17.11.010 Purpose of the RS-9 District. The purpose of the RS-9
District is to create and preserve suburban 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 district.
(Ord. 2385 ~2 (part), 5-28-86; Ord. 1709 ~ 1 (part), 12-22-70.)
17-19
1-92
17.11.020 -
17.11.040
, .
17.11.020 Permitted Uses.
A. Detached single-family dwellings (on individual lots).
B. Manufactured homes, on individual lots, provided each
manufactured home:
1. Consists of two or more sections, each 8 feet or greater in
width along its entire length; Provided that combinations of narrower sections
may be substituted if said combinations are at least the equivalent of 8-foot
wide sections.
2. Bears an insignia issued by the appropriate Federal agency
indicating that it complies with the construction standards of the U. S.
Department of Housing and Urban Development (HUD) as amended;
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.
C. Adult Family Home.
D. Supported Living Arrangement. (Ord. 2652 ~3, 9-27-91; Ord.
2385 ~2 (part), 5-28-86; Ord. 1945 ~ 1, 10-22-77; Ord. 1709 ~ 1 (part), 12-22-70.)
17.11.030 Accessory Uses.
A Garages and carports.
B. Greenhouses, gazebos,
structures.
C.
storage sheds, and similar accessory
Private stables, provided that:
1. Stables are constructed no closer than
property line.
2.
3.
100 feet to any
line.
A minimum area of 1 acre per horse or cow is maintained.
A minimum of 5-foot high fence is installed on property
D. Swimming Pools.
E. Private television satellite reception dishes. (Ord. 2385 ~2 (part),
5-28-86; Ord. 1709 ~1 (part), 12-22-70.)
17.11.040 Conditional Uses.
A. Agricultural nurseries and greenhouses.
B. Art galleries and museums.
C. Churches.
D. Communications transmission buildings and structures; e.g., radio
tower.
E.
F.
G.
H.
I.
J.
Child daycare centers and pre-schools.
Duplexes.
Group homes and hospices.
Home occupations.
Libraries.
Nursing and convalescent homes.
17-20
1-92
17.11.040 -
17.11.070
K Public parks and recreation facilities.
L. Public utility structures.
M. Public and private schools.
N. Radio and television stations, provided that antenna is on site.
O. Residential Care Facilities.
P. Other uses compatible with the intent of this Chapter. (Ord.2652
~5, 9-27-91; Ord. 2636 ~3, 5-15-91; Ord. 2385 ~2 (part), 5-28-86; Ord. 1709 ~ 1
(part), 12-22-70.)
17.11.050 Area and Dimensional Requirements.
A. Permitted Uses
1. Minimum lot area: 9,000 square feet.
2. Minimum lot width: 75 feet.
3. Minimum setback:
Front 25 feet;
Rear 25 feet, except 10 feet for detached
accessory buildings in the rear one-third of
the lot;
8 feet, except 3 feet for detached
accessory buildings in the rear one-
third of the lot;
Interior
sides
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.
4. Maximum lot coverage: 30%
5. Maximum height: 30 feet.
B. Conditional Uses Conditional uses shall comply with the
minimum standards in Subsection 17.11.050A, 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 District. (Ord. 2385 ~2 (part),
5-28-86; Ord. 1709 ~ 1 (part), 12-22-70.)
17.11.060 Off-Street Parking. (See Chapter 14.40 PAMC). (Ord.2385
~2 (part), 5-28-86; Ord. 1709 ~ 1 (part), 12-22-70.)
17.11.070 Signs. One sign per lot is permitted, which sign shall be one
square foot in area, unlighted, and displaying only the name of the occupant;
provided that official traffic signs, street signs, and identification and warning
signs for public utility buildings and structures are exempt from these
restrictions. (Ord. 2385 ~2 (part), 5-28-86; Ord. 1709 ~1 (part), 12-22-70.)
17-21
1-92
17.12.010 -
17.12.040
CHAPTER 17.12
RMF - RESIDENTIAL MULTI-FAMILY DISTRICT
Sections:
17.12.010 Purpose.
17.12.020 Permitted Uses.
17.12.040 Conditional Uses.
17.12.050 Area and Dimensional Requirements.
17.12.060 Offstreet Parking.
17.12.070 Signs Permitted.
17.12.080 Design and Landscaping.
17.12.010 Purpose. The RMF zone is the designated area 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. (Ord. 2668 ~3 (part),
1-17-92; Ord. 2652 ~5 (part), 9-27-91; Ord. 2636 ~9 (part), 5-15-91.)
17.12.020 Permitted Uses.
A. Single-family residences.
B. Non-commercial gardens, greenhouses, orchards.
C. Private garages, carports.
D. Swimming pools, and cabanas.
E. Multi-family dwellings, apartments, duplexes, dormitories.
F. Mortuaries, funeral parlors.
(Ord. 2668 ~3 (part), 1-17-92; Ord. 2666 ~3 (part), 1-17-92; Ord. 2652 ~6
(part), 9-27-91; Ord. 2636 ~9 (part), 5-15-91; Ord. 2397 ~ 1 (part), 6-16-86; Ord.
1709 ~ 1 (part), 12-22-70.)
17.12.040 Conditional Uses.
A. Public parks.
B. Churches.
C. Golf courses.
D. Public and private schools.
E. Libraries.
F. Utility buildings and structures.
G. Hospitals and rest homes.
H. Business parking.
I. Motels.
J. Publicly subsidized senior housing developments at a maximum
of 58 units per acre.
K. Child day care centers, pre-schools, and residential care facilities.
L. Group homes and hospices.
M. Other uses compatible with the intent of this section. (Ord. 2668
~3 (part), 1-17-92; Ord. 2666 ~3 (part), 1-17-92; Ord. 2652 ~6 (part), 9-27-91;
Ord. 2636 ~9 (part), 5-15-91; Ord. 2535 ~ 1, 5-24-89; Ord. 2397 ~ 1 (part),
6-16-86; Ord. 1709 ~1 (part), 12-22-70.) 17-22
1-92
. .
, ,
17.12.050 -
17.12.080
17.12.050 Area and Dimensional Requirements.
A. Minimum Lot Area
7,000 sq.ft. plus 1,000 sq.ft. for each additional dwelling unit.
B. Minimum Yard Requirements
1. Front: 25 feet from front lot line.
2. Sides: No structure shall be permitted closer than 7
feet to any side lot line on the front two
thirds of the lot. Detached accessory
buildings only, on the rear one third of the
lot may be permitted to within 3 feet of the
side line. On corner lots, the side yard
abutting a street shall have a setback of 13
feet unless more is required by Ordinance
No. 1635.
3. Rear: No residential structure shall be permitted
within 25 feet of the rear property line.
Detached accessory buildings are permitted
not closer than 10 feet to the rear property
line or alley.
C. Maximum Lot Coverage
30% total site area (not to apply to unenclosed swimming
pools. )
D. Maximum Height
35 feet.
(Ord. 2668 ~3 (part), 1-17-92; Ord. 2666 ~3 (part), 1-17-92; Ord. 2652 ~6
(part), 9-27-91; Ord. 2636 ~9 (part), 5-15-91; Ord. 2397 ~ 1 (part), 6-16-86; Ord.
1709 ~ 1 (part), 12-22-70.)
17.12.060 Offstreet Parking. (See Chapter 14.40 P AMC). For publicly
subsidized senior housing developments: 2 and 3 bedroom units at 1-1/2
parking spaces per unit; 0 to 1 bedroom units, 1 parking space per unit; and
with van service, 1/2 parking space per unit. (Ord. 2668 ~3 (part), 1-17-92;
Ord. 2666 ~3 (part), 1-17-92; Ord. 2652 ~6 (part), 9-27-91; Ord. 2636 ~9 (part),
5-15-91; Ord. 2538 ~ 1, 6-28-89; Ord. 2397 ~ 1 (part), 6-16-86; Ord. 1709 ~ 1
(part), 12-22-70.)
17.12.070 Signs Permitted.
A Permitted Uses: Signs not larger than 10 sq.ft., lighted, but not
flashing or intermittent. One per building.
B. Conditional Uses: Size and type as determined by Planning
Commission. (Ord. 2668 ~3 (part), 1-17-92; Ord. 2666 ~3 (part), 1-17-92; Ord.
2652 ~6 (part), 9-27-91; Ord. 2636 ~9 (part), 5-15-91; Ord. 2397 ~ 1 (part),
6-16-86; Ord. 1709 ~ 1 (part), 12-22-70.)
17.12.080 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-
17-23
1-92
17.12.080 -
17.13.030
. J
way and abutting property by a vision-obscuring fence 6 feet in height.
B. All lighting on the site shall be so directed as to reflect away from
adjoining residential properties and public rights-of-way.
C. Unused space which is over 24 square feet and which results from
the design of parking space arrangements or accessory structures shall be
landscaped.
D. One tree shall be provided for each 10 paring 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.
E. All parking lots shall be screened by a 3-foot to 60-foot vision-
obscuring fence or vegetation on all signs adjacent to residentially zoned
property. (Ord. 2668 ~3 (part), 1-17-92; Ord. 2666 ~3 (part), 1-17-92.)
CHAPTER 17.13
RTP. RESIDENTIAL TRAILER PARK DISTRICT
Sections:
17.13.010 Purpose.
17.13.020 Permitted Uses.
17.13.030 Accessory Uses and Buildings.
17.13.040 Conditional Uses.
17.13.050 Area and Dimensional Requirements.
17.13.060 Offstreet Parking Required.
17.13.070 Signs Permitted.
17.13.080 Trailers.
17.13.090 Trailer Parks.
17.13.100 Additional Development Standards.
17.13.010 Purpose. This zone is intended for mobile home occupancies
only. Conventional dwellings are excluded, but the area is regarded as
essentially residential in character. (Ord. 2668 ~4 (part), 1-17-92; Ord. 1709 ~ 1
(part), 12-22-70.)
17.13.020 Permitted Uses. Mobile homes. (Ord. 2668 ~4 (part),
1-17-92; Ord. 2300 ~2 (part), 5-29-84; Ord. 1709 ~1 (part), 12-22-70.)
17.13.030 Accessory Uses and Buildings.
A Propane fuel storage tanks.
B. Shower and laundry rooms.
C. Lavatories.
D. Community recreation rooms.
E. Playground equipment.
F. Swimming pools, patios.
G. Lights (overhead, outdoor).
17-24
1-92
, '
17.13.040 -
17.13.070
H. Office (manager, owner).
(Ord. 2668 ~4 (part), 1-17-92; Ord. 2300 ~2 (part), 5-29-84; Ord. 1709 ~ 1
(part), 12-22-70.)
17.13.040 Conditional Uses. Trailer supplies office. (Ord. 2668 ~4
(part), 1-17-92; Ord. 2300 ~2 (part), 5-29-84; Ord. 1709 ~ 1 (part), 12-22-70.)
17.13.050 Area and Dimensional Requirements.
A. Minimum Lot Area: 4 acres for trailer park; 3,500 sq.ft.
individual site.
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 10 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: 10 feet to rear property line of individual
site.
3. Sides: 7 feet to side property line of individual site.
E. Minimum total land area required for a trailer park shall be 4
acres.
F. There shall be a ratio of 6000 sq.ft. total land area per trailer.
Said total land area ratio to include driveways, toilet and laundry buildings,
playground-recreation areas, individual trailer sites, and caretaker's quarters.
G. Each individual trailer site shall have a minimum lot area of 3500
square feet and a minimum lot width of 40 feet.
H. A minimum of 10% of the total area of a trailer park shall be
reserved and shall be used solely and exclusively for a playground-recreation
area.
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 10 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. 2668 ~4 (part), 1-17-92;
Ord. 2300 ~2 (part), 5-29-84; Ord. 1709 ~ 1 (part), 12-22-70.)
17.13.060 Offstreet Parking Required. (See Chapter 14.40 PAMC).
(Ord. 2668 ~4 (part), 1-17-92; Ord. 2300 ~2 (part), 5-29-84; Ord. 1709 ~ 1
(part), 12-22-70.)
17.13.070 Signs Permitted.
A. Signs no larger than 12 sq.ft., unlighted, one per trailer park.
B. Signs no larger than 1 sq.ft., unlighted, one per individual site.
(Ord. 2668 ~4 (part), 1-17-92; Ord. 2300 ~2 (part), 5-29-84; Ord. 1709 ~ 1
(part), 12-22-70.) 17-25
1-92
17.13.080 -
17.13.100
17.13.080 Trailers. Trailers, mobile homes, 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. (Ord. 2668 ~4
(part), 1-17-92; Ord. 2300 ~2 (part), 5-29-84; Ord. 1709 ~ 1 (part), 12-22-70.)
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 Required
1. Fee for each Trailer Park permit shall be $50.
2. Fee for individual sites when permitted outside of transient
parks - $1.
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 area, 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 Inspector, Fire Chief and City
Manager and Health Officer, regarding City codes, ordinances and standards.
(Ord. 2668 ~4 (part), 1-17-92; Ord. 2300 ~2 (part), 5-29-84; Ord. 1709 ~ 1
(part), 12-22-70.)
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
district 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 driveway of not
less than 25 feet in width, 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 5 feet and
at a height of 12 feet at full growth, in the front, side, and rear yards of every
trailer park.
17-26
1-92
17.13.100
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.
G. Laundry Facilities: Laundry facilities shall be provided with one
single laundry tray and one automatic or semi-automatic type washing machine
for each 10 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 or into a private sewer
and disposal plant or septic tank system of such construction and in such
manner as will present no health hazard.
J. Garbage Receptacles: Regulation garbage cans with tight-fitting
covers shall be provided in quantities to permit disposal of all garbage and
rubbish. Garbage cans may be located in groups not farther than 100 feet from
any mobile home space. The cans 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 cans 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. 2668 ~4 (part), 1-17-92; Ord.
2300 ~2 (part), 5-29-84; Ord. 1709 ~1 (part), 12-22-70.)
17-27
1-92
17.18.010 -
17.18.040
CHAPTER 17.18
BED AND BREAKFAST CONDITIONAL USE PERMIT
Sections:
17.18.010 Purpose.
17.18.020 Definitions.
17.18.030 Applicability.
17.18.040 Development Standards.
17.18.050 Application Procedure.
17.18.070 Planning Director's Decision.
17.18.090 Permit Limitations.
17.18.100 Permit Revocation.
17.18.110 Penalties.
17.18.120 Appeals.
17.18.010 Purpose. The purpose of the bed and breakfast conditional
use is to ensure the bed and breakfast is compatible with its surrounding
properties, and when located in a residential neighborhood, to preserve the
residential character of the neighborhood and the surrounding residences.
(Ord. 2636 ~4, 5-15-91; Ord. 2483 ~ 1 (part), 3-23-88.)
17.18.020 Definitions. A "bed and breakfast" is a single-family residence
containing one kitchen and shared dining area, providing lodging for guests and
travelers for a period of up to thirty (30) days and serving primarily breakfast
only to people registered to use the facility for lodging or special events that
require facilities to provide more than just meals. (Ord. 2483 ~ 1 (part),
3-23-88.)
17.18.030 Applicability. A Conditional Use Permit in accordance with
the provisions of this Chapter is required for all bed and breakfasts occurring
in residential use districts. Bed and breakfasts shall be conditionally permitted
uses within the CSD-C1, Community Shopping Districts. Bed and breakfasts
occurring in commercial districts other than the CSD-C1 District, shall be
considered hotels and regulated accordingly. (Ord. 2534 ~ 1 (part), 5-24-89;
Ord. 2483 ~ 1 (part), 3-23-88.)
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. 17-28
1-92
. ,
17.18.040 -
17.18.040
D. All off-street parking areas shall be screened in a manner that is
compatible with and respectful of adjacent properties.
E. All signs located within residential districts shall be no more than
five (5) square feet in area, indirectly lighted, and parallel to the building
facade to which they are attached unless they are free-standing in the yard.
Free-standing signs cannot exceed three feet in height but may be
perpendicular to the facade. The light source shall be shielded from abutting
property and rights-of-way. There shall be a maximum of two free-standing
SIgns.
F. All bed and breakfasts shall comply with the applicable local and
State Fire and Health Codes.
G. All bed and breakfasts shall not be transferable to new locations.
H. Size and area requirements:
No. of Bdrms.
To Let Min. Lot Area
o - 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.
13 - 16 1 acre
17 - 20 2 acres
21 - 24 4 acres
I. Accessory Activities and Facilities *. Bed and breakfasts shall have
the following minimum lot area in order to provide these activities or facilities:
Activity and/or Facility Minimum Area
Hot tub
7,000 sq.ft.
(RS-9, 9,000 sq.ft.)
7,000 sq.ft.
(RS-9, 9,000 sq.ft.)
1 acre
1 acre
Sauna
Swimming Pool
Tennis Court
Other outdoor rec. courts
(volley-ball, hand ball) 1 acre
Meeting rooms 2 acres
Playing fields 2 acres
'NOTE: Combination of activities and facilities; e.g., tennis courts and
swimming pools, may require additional lot area beyond the minimum listed;
however, the minimum areas are not additive; e.g., if the bed and breakfast has
one acre, it can have a pool and a tennis court. N or are these areas additive
to the base minimum.
J. Any change in the ownership, structure, or the site plan requires
a revised permit. (Ord. 2666 ~2, 1-17-92; Ord. 2534 ~ 1 (part), 5-24-89; Ord.
2483 ~ 1 (part), 3-23-88.)
17-29
1-92
17.18.050 -
17.18.100
, .
17.18.050 Application Procedure.
A The application for a Conditional Use Permit for a bed and
breakfast shall be submitted on a form obtained from the Planning Department
and shall also be signed by the owner of the property if other than the
applicant.
B. Upon receipt of an application satisfying the requirements of this
Chapter, the Planning Department shall route it to all appropriate
Departments. Each City Department shall submit to the Planning Department
recommendations and comments regarding the application. (Ord. 2483 ~ 1
(part), 3-23-88.)
17.18.070 Plannin~ Director's Decision. Following the public hearing
the Planning Director shall, in writing, approve, deny or approve with
modifications or conditions, the application. The Planning Director shall attach
such conditions as may be deemed necessary to ensure land use compatibility,
public safety, and compliance with all standards and requirements of this
Chapter. Said written decision shall include findings based upon compliance
with the development standards (.050) and the following criteria:
A Water, sewer, power, road, police and fire, and refuse disposal
must be available and adequate for the proposed use. On-site sewage systems
may be utilized if principal sewer service is not available and the County
Health officials approve the system 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. 2483 ~ 1 (part), 3-23-88.)
17.18.090 Permit Limitations.
A. Once a Conditional Use Permit has been issued for a bed and
breakfast, it shall not be transferred to another location.
B. The Conditional Use 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. (Ord. 2483 ~ 1 (part), 3-23-88.)
17.18.100 Permit Revocation. The Planning Director 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; or
17-30
1-92
. ,
17.18.100 -
17.18.120
B. Any required licenses have been suspended. revoked, or canceled.
Upon denial, suspension or revocation, the Planning Director shall notify
the applicant or permittee in writing of the action he has taken and the reasons
therefor. After giving such notice by certified mail, if the bed and breakfast has
not been removed within thirty (30) days, the Planning Director, or his
designee, may cause the closure of any bed and breakfast found in violation of
this Chapter. (Ord. 2483 ~ 1 (part), 3-23-88.)
17.18.110 Penalties. Any person violating any provision of this Chapter
shall be guilty of a misdemeanor and shall be punished by a fine not to exceed
Five Hundred ($500) Dollars. Each day that a violation continues shall
constitute a separate offense. (Ord. 2483 ~ 1 (part), 3-23-88.)
17.18.120 Appeals.
A. Any person aggrieved by the decision of the Planning Director
under Sections 17.18.070 or .100 may appeal the decision to the City Council.
B. Appeals shall be submitted to the Planning Department in writing
within fifteen (15) days following the date of the Planning Director decision.
C. The City Council shall conduct a public hearing on the appeal
with public notice being given as provided in ~ 17.96.140. The Council's
decision shall be final unless appealed to Clallam County Superior Court in
accordance with ~ 17.96.150. (Ord. 2595 ~8, 6-27-90; Ord. 2483 ~ 1 (part),
3-23-88.)
17-31
1-92
17.20.010 -
17.20.160
Chapter 17.20
OC - OFFICE COMMERCIAL DISTRICT
Sections:
17.20.010 Purpose of the Office Commercial Zone.
17.20.040 Permitted Uses.
17.20.080 Accessory Uses.
17.20.160 Conditional Uses.
17.20.200 Area and Dimensional Requirements.
17.20.210 Parking.
17.20.220 Signs.
17.20.230 Design and Landscaping.
17.20.010 Purpose of the Office Commercial Zone. It is for those
business, office, administrative or professional uses which do not involve the
retail sale of goods, but rather provide a service to clients, the provision of
which does not create high traffic volumes, involve extended hours of operation,
or contain impacts that would be detrimental to adjacent residential areas.
(Ord. 2109 ~2, 12-7-80.)
17.20.040 Permitted Uses.
A Services:
1. Professional, such as dentists, doctors, lawyers, architects,
engineers.
2. Banks, financial institutions, insurance and real estate
semces.
3. Medical-dental clinics and offices and laboratories.
4. Child day care centers and pre-schools.
B. Residential:
1. Those residential uses permitted in the RMF District, at
the RMF density requirements. (Ord. 2652 ~7, 9-27-91; Ord. 2109 ~3, 12-7-80.)
17.20.080 Accessory Uses. Those uses incidental and accessory to the
primary use as defined in ~ 17.08.010(A) are permitted. (Ord. 2109 ~4, 12-7-80.)
17.20.160 Conditional Uses.
A. Uses requiring review and approval by the Planning Commission
and City Council and compliance with ~ 17.96.050:
1. Churches
2. Buildings or development necessary for the operation of a
public utility
3.
4.
5.
6.
Business colleges; music, art, and dance schools
Group homes and hospices
Residential care facilities
Rest, retirement and convalescent homes
17-32
1-92
. '
. ,
. ,
17.20.160 -
17.20.230
7. Detoxification centers
8. Beauty shops and barber shops
9. Businesses selling medical supplies, goods, instruments,
medicine and similar items.
10. Business parking lots not associated with a permitted use
on the same site.
11. Other uses compatible with the intent of this Chapter.
(Ord. 2702 ~ 1,8-14-92; Ord. 2652 ~8, 9-27-91; Ord. 2636 ~5, 5-15-91; Ord. 2278
~ 1, 12-26-83; Ord. 2109 ~5, 12-7-80.)
17.20.200 Area and Dimensional Requirements.
A Area 7,000 square feet for non-residential uses.
Residential uses shall comply with the RMF area
requirements.
50 feet for non-residential and residential uses.
B.
e.
Lot Width
Setbacks
Front
Rear
25 feet from property line.
25 feet from property line. Detached
accessory buildings shall not be permitted
closer than 10 feet to the rear property line.
7 feet from the property line. Detached
accessory buildings only on the rear one-
third of the lot may be permitted to within
3 feet of the side line. On corner lots the
side yard abutting the street shall have a
building line setback of 13 feet.
D. Maximum Lot Coverage 45%.
E. Maximum Building Height 30 feet.
(Ord. 2109 ~ 6, 12-7-80.)
Side
17.20.210 Parking. (See Chapter 14.40 PAMC). (Ord. 2109 ~7, 12-7-88.)
17.20.220 Signs. Signs shall not exceed 50 square feet; provided,
however, that if the site area is 14,000 square feet or greater, then the total
allowable sign area may be increased to 100 square feet. No more than 50
square feet of lighted signage may be placed within 50 feet of adjacent
residential property. No more than 50 square feet of lighted signage may face
residential property located directly across a street. Signs may be lighted, but
shall not be the intermittent or flashing type. All freestanding signs shall not
exceed five feet in height. All other signs shall not exceed 30 feet in height.
(Ord. 2109 ~8, 12-7-80.)
17.20.230 Design and Landscaping.
A All outdoor storage areas, except for City mechanized refuse
collection system containers, shall be screened from public rights-of-way and
abutting property by a vision-obscuring fence 6 feet in height.
B. All lighting on the site shall be so directed as to reflect away from
adjoining property and public rights-ai-way.
17-33 8-92
17.20.230 -
17.23.010
C. 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.
D. The unused space resulting from the design of parking space
arrangements or accessory structures which is over 24 square feet shall be
landscaped.
E. All landscaping shall comply with the vision clearance
requirements of Ordinance No. 1709, as amended.
F. All non-residential structures shall be designed to be compatible
with the residential environment.
G. One tree shall be provided for each ten parking spaces, exclusive
of any perimeter landscaping. Trees shall have a minimum caliper of two
inches, and have a height of at least 20 feet at maturity.
H. All parking lots shall be screened by 3-foot to 6-foot vision
obscuring fence or vegetation on the sides adjacent to residentially zoned
property. (Ord. 2666 ~4, 1-17-92; Ord. 2109 ~9, 12-7-80.)
Chapter 17.23
CN - NEIGHBORHOOD COMMERCIAL DISTRICT
Sections:
17.23.010 Purpose and Intent.
17.23.040 Permitted Uses.
17.23.080 Accessory Uses.
17.23.160 Conditional Uses.
17.23.200 Development Standards.
17.23.210 Parking.
17.23.220 Signs.
17.23.230 Design and Landscaping.
17.23.010 Puq>ose and Intent. The purpose of the Neighborhood
Commercial District, which shall also be known as CN, is to create and
preserve areas for business that provide the goods and services for the day-to-
day needs of the surrounding residential areas. Such a District shall be located
and designed to encourage both pedestrian and vehicular access and to be
compatible with adjacent residential neighborhoods. (Ord. 2553 ~ 1 part,
12-2-89; Ord. 1709 ~ 1 (part), 12-22-70.)
17-34
1-92
. ,
17.23.040 -
17.23.200
17.23.040 Permitted Uses. In the CN District, no building or land shall
be used, and no building shall be erected, altered, or enlarged, which is
intended or designed for other than the following uses, with hours of operation
limited to 7 A.M. to 10 P.M.:
A Retail:
1. Bakery shops.
2. Drug stores, pharmacies.
3. Delicatessens.
4. Grocery stores.
B. Service:
1. Barber and beauty shops.
2. Self-service laundries.
3. Child Day Care Centers and pre-schools.
C. Other:
1. Detached single family dwellings (on individual lots ) only,
per the RS-7 Chapter requirements.
2. Adult Family Homes.
3. Supported Living Arrangements.
4. Residential Care Facilities.
5. Group homes and hospices.
(Ord. 2652 ~9, 9-27-91; Ord. 2553 ~ 1 (part), 12-2-89; Ord. 1709 ~ 1 (part),
12-22-70.)
17.23.080 Accessory Uses. Those uses incidental and accessory to the
primary use as defined in ~ 17.08.01O(A) are permitted. (Ord. 2553 ~ 1 (part),
12-2-89.)
17.23.160 Conditional Uses.
A Churches.
B. Utility buildings and structures.
C. Offstreet parking lots.
D. Uses permitted in this District with hours of operation extending
beyond 7 A.M. to 10 P.M.
E. Other uses compatible with the intent of this Chapter.
(Ord. 2652 ~ 10, 9-27-91; Ord. 2553 ~ 1 (part), 12-2-89; Ord. 1709 ~ 1 (part),
12-22-70.)
17.23.200 Development Standards.
A Area and Dimensional Requirements:
1. Minimum Lot Area - 7,000 square feet.
2. Minimum Lot Width - 50 feet.
3. Minimum Yard Requirements:
a. Front: 25 feet.
17-35
1-92
17.23.200 -
17.23.230
, .
b. Side: 13 feet from lot line when abutting a
street; in accordance with Ordinance
No. 1635 when abutting an arterial
street; 15 feet abutting residentially
zoned lot; no side yards required
when abutting another commercially
zoned lot.
c. Rear: 15 feet when abutting an alley or a
residentially zoned lot.
4. Maximum Lot Coverage 50%.
30% for utility buildings and
structures.
5. Maximum Floor Area - 3,500 square feet per business.
6. Maximum Height - 30 feet.
(Ord. 2553 ~ 1 (part), 12-2-89; Ord. 1709 ~ 1 (part), 12-22-70.)
17.23.210 Parking. (See Chapter 14.40 PAMe.) (Ord. 2553 ~ 1 (part),
12-2-89; Ord. 1709 ~ 1 (part), 12-22-70.)
17.23.220 Signs. Signs may be lighted but shall not be the intermittent
or flashing type and shall not exceed 100 square feet total area nor 30 feet in
height. All signs over 10 square feet in area shall be restricted to territory no
closer than 100 feet to all property in a Residential District. No sign shall be
higher than the building wall if attached, or 5 feet if free-standing. No
billboards shall be permitted within a Neighborhood Commercial District.
(Ord. 2553 ~ 1 (part), 12-2-89; Ord. 1709 ~ 1 (part), 12-22-70.)
17.23.230 Design and Landscaping.
A All outdoor storage areas shall be screened from public view.
B. All lighting on the site shall be so directed as to reflect away from
adjoining non-commercial properties.
e. Five feet of the side and rear yards abutting a residentially zoned
lot shall be landscaped and/or fenced in a manner that screens the commercial
use from the residences. If landscaping is used to provide this solid screen, it
shall include evergreen shrubs planted to form a hedge of at least 6' mature
height within three years of the plant date, except that approved driveways to
an alley shall not be obstructed. The unused space over 24 square feet
resulting from the design of parking spaces or accessory structures shall be
landscaped.
D. One tree per 10 parking spaces shall be provided.
E. All landscaping shall comply with the vision clearance
requirements of ~ 17.94.090. (Ord. 2553 ~ 1 (part), 12-2-89.)
17-36
1-92
. ,
. '
17.24.010 -
17.24.040
Chapter 17.24
CSD-C - COMMUNITY SHOPPING DISTRICTS
Sections:
17.24.010 Purpose.
17.24.040 Permitted Uses.
17.24.160 Conditional Uses.
17.24.200 Development Standards.
17.24.210 Offstreet Parking.
17.24.220 Signs Permitted.
17.24.230 Design and Landscaping.
17.24.010 Purpose.
A. CSD-Cl Zone - This zoning is essentially the same as the CN
District with the difference being lack of planned development as a single
project. It represents those areas where businesses occur on small sites and are
of the type providing goods and services required daily by the surrounding
residential zones.
B. CSD-C2 Zone - This zone is also oriented primarily to those
businesses serving the immediate needs of the surrounding residential zones but
is slightly less restrictive than the CSD-Cl zone and as such provides a
transition area from the most restrictive commercial zones to those of lesser
restrictions. (Ord. 2668 ~5 (part), 1-17-92; Ord. 2666 ~5 (part), 1-17-92; Ord.
2334 ~ 1 (part), 4-10-85; Ord. 1709 ~ 1 (part), 12-22-70.)
17.24.040 Permitted Uses.
A CSD-Cl
1. Bakery shops.
2. Barber shops, beauty shops.
3. Delicatessens, grocery stores, supermarkets.
4. Drug stores, pharmacies.
5. Frozen food or cold storage lockers.
6. Hardware stores.
7. Professional Offices.
8. Repair services, such as appliance repair, shoe repair, and
TV and stereo repair services.
9. Restaurants, cafeterias.
10. Self-service laundries.
11. Apartments.
12. Specialty shops: gift, florist, hobby, antique.
13. Banks, financial institutions.
14. Medical, dental offices and clinics.
(Ord. 2668 ~5 (part), 1-17-92; Ord. 2666 ~5 (part), 1-17-92; Ord. 2633 ~ 1
(part), 4-12-91; Ord. 2623 ~ 1,4-12-91; Ord. 2652 ~ 11 (part), 9-27-91; Ord. 2636
~ 10 (part), 5-15-91; Ord. 2334 ~ 1 (part), 4-10-85; Ord. 1709 ~ 1 (part),
12-22-70.) 17-37
3-92
17.24.040 -
17.24.160
. .
B. CSD-C2
1. Bakery shops.
2. Barber shops, beauty shops.
3. Delicatessens, grocery stores, supermarkets.
4. Drug stores, pharmacies.
5. Frozen food or cold storage lockers.
6. Hardware stores, shoe repair shops.
7. Professional Offices.
8. Restaurants, cafeterias.
9. Self-service laundries.
10. Apartments.
11. Specialty shops: gift, florist, hobby, antique.
12. Banks, financial institutions.
13. Medical, dental offices and clinics.
14. Taverns and cocktail lounges.
15. Service Stations.
16. Creameries.
(Ord. 2668 ~5 (part), 1-17-92; Ord. 2666 ~5 (part), 1-17-92; Ord. 2623 S 1,
4-12-91; Ord. 2652 ~ 11 (part), 9-27-91; Ord. 2636 ~ 10 (part), 5-15-91; Ord.
2334 S 1 (part), 4-10-85; Ord. 1709 S 1 (part), 12-22-70.)
17.24.160 Conditional Uses.
A CSD-Cl:
1. Gasoline service islands, accessory to convemence or
grocery stores.
2. Bed and breakfast establishments, provided that at least
one-half of the bedrooms are devoted solely for transient business.
3. Churches.
4. Off-street parking lots.
5. Utility buildings and structures.
6. Social clubs and fraternal organizations.
7. Day care centers.
8. Self-service car washes.
9. Other uses compatible with the intent of this Chapter.
10. Residential uses along "C" Street corridor from 9th Street
to Lauridsen Boulevard. (Ord. 2668 95 (part), 1-17-92; Ord. 2666 ~5 (part),
1-17-92; Ord. 2617 91, 11-16-90; Ord. 2652 911 (part), 9-27-91; Ord. 2636 910
(part), 5-15-91; Ord. 2539 91, 7-14-89; Ord. 2534 92, 5-24-89; Ord. 2334 91
(part), 4-10-85; Ord. 1709 91 (part), 12-22-70.)
B. CSD-C2
1. Churches.
2. Offstreet parking lots.
3. Utility buildings and structures.
4. Social clubs and fraternal organizations.
5. Self-service car washes.
6. Day care centers.
17-38
1-92
17.24.160 -
17.24.230
7. Other uses compatible with the intent of this Chapter.
(Ord. 2668 ~5 (part) 1-17-92; Ord. 2666 ~5 (part), 1-17-92; Ord. 2617 ~ 1,
11-16-90; Ord. 2652 ~ 11 (part), 9-27-91; Ord. 2636 ~ 10 (part), 5-15-91; Ord.
2334 ~1 (part), 4-10-85; Ord. 1709 ~1 (part), 12-22-70.)
17.24.200 Development Standards.
A. Area and Dimensional Requirements:
1. Minimum Lot Area 7,000 square feet.
2. Minimum Lot Width 50 feet.
3. Minimum Yard Requirements
No structure shall be built within 15 feet of an alley or any
property that has a residential zoning classification.
Setbacks shall conform to the requirements of Ordinance
No. 1635 for arterial streets.
4. Maximum Lot Coverage - 50% of the total site area.
5. Maximum Height - 30 feet.
(Ord. 2668 ~5 (part), 1-17-92; Ord. 2666 ~5 (part), 1-17-92; Ord. 2334 ~ 1
(part), 4-10-85; Ord. 1709 ~ 1 (part), 12-22-70.)
17.24.210 Off-street Parking. (See Chapter 14.40 PAMC). (Ord.2668
~5 (part), 1-17-92; Ord. 2666 ~5 (part), 1-17-92; Ord. 2334 ~ 1 (part), 4-10-85;
Ord. 1709 ~1 (part), 12-22-70.)
17.24.220 Signs Permitted. Signs, lighted but not intermittent or flashing
type, not exceeding 100 square feet total area. All signs over 10 square feet in
area shall be restricted to territory no closer than 100 feet to all property in a
Residential District. No billboards shall be permitted within a Community
Shopping District. Maximum height 30 feet. (Ord. 2668 ~5 (part), 1-17-92;
Ord. 2666 ~5 (part), 1-17-92; Ord. 2636 ~ 10 (part), 5-15-91; Ord. 2334 ~ 1
(part), 4-10-85; Ord. 1709 ~ 1 (part), 12-22-70.)
17.24.230 - Design and Landscaping.
A All outdoor storage areas, except City mechanized refuse
collection system containers, shall be screened from view from public rights-of-
way and abutting property by a sight-obscuring fence 6 feet in height..
B. All lighting on the site shall be so directed as to reflect away from
adjoining non-commercial property and public rights-of-way.
C. The side yard abutting a residentially zoned lot shall be
landscaped in a manner that is complementary or similar to residential
landscaping. In other words, such landscaping shall be complementary or
similar to shrubs of 3 foot to 6 foot mature height interspersed with evergreen,
deciduous and/or ornamental trees. Five feet of the rear yard setback area
butting a residentially zoned lot shall be landscaped in a similar manner.
D. Unused space which is over 24 square feet and which results from
the design of parking space arrangements or accessory structures shall be
landscaped.
17-39
1-92
17.24.230 -
17.26.040
E. One tree shall be provided for each 10 parking 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.
F. All parking lots shall be screened by 3-foot to 6-foot vision-
obscuring fence or vegetation on all sides adjacent to residentially zoned
property. (Ord. 2668 ~5 (part), 1-17-92; Ord. 2666 ~5 (part), 1-17-92.)
Chapter 17.26
ACD - Arterial Commercial District
Sections:
17.26.010 Purpose of the Arterial Commercial District.
17.26.040 Permitted Uses.
17.26.080 Accessory Uses.
17.26.160 Conditional Uses.
17.26.200 Area and Dimensional Requirements.
17.26.210 Parking.
17.26.220 Signs.
17.26.230 Design and Landscaping.
17.26.300 Redesignation.
17.26.010 Purpose of The Arterial Commercial District. The purpose
of the Arterial Commercial District is to create and preserve areas for business
serving the entire City that need an arterial location because of the nature of
the business or intensity of traffic generated. (Ord. 2293 ~ 1 (part), 4-4-84.)
17.26.040 Permitted Uses:
A Retail:
1. Auto supply stores, service stations, self-service gas islands,
and tire shops.
2. New and used dealerships of automobiles, trucks, trailers,
motorcycles, recreational vehicles, tractors, including sales, leasing, and related
servicing.
3. Boat and marine sales, and related servicing.
4. Building material stores, cabinet shops, glass stores,
hardware stores, lumber yards, paint stores, and plumbing supply stores.
5. Commercial recreation establishments, such as bowling
alleys, night clubs, pool halls, theaters (movie and others).
6. Farm equipment stores, garden supply stores, nurseries.
7. Food and beverage establishments, such as cocktaillounges,
cafes, cafeterias, drive-in restaurants, restaurants, take-out lunch stands, and
taverns; provided that drive-in restaurants, restaurants with cocktail lounges and
taverns, all of which have direct customer access to an alley abutting
residentially zoned property, shall be conditional uses.
17-40
1-92
17.26.040
8. Food item retail sales outlets, such as bakeries, candy
stores, delicatessens, grocery stores, liquor stores, meat and fish markets, and
supermarkets.
9. 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.
10. Household furnishings stores, such as appliance stores,
furniture stores, office equipment stores, and stereo stores.
11. Motels, hotels and hostels.
12. Specialty stores, such as bicycle, book, computer, florist,
gift, hobby and toy, and pet stores.
13. Chain saw sales and service.
B. Services:
1. Art, dance, voice, and music schools.
2. Business colleges and trade schools.
3. Business services, such as accounting, tax, employment, and
management consulting services.
4. Child Day Care Centers and Pre-schools.
5. Financial services, such as bail bond stores, banks, finance
offices, insurance companies, real estate offices, stock brokerages, and title
companies.
6. Furnishings repair shops, such as upholstering and
reupholstering shops.
7. Governmental offices and social service agencies.
8. Commercial laundries, dry cleaning shops, self-service
laundries, and tailor shops.
9. Personal services, such as barber shops, beauty shops,
exercise and reducing studios, and travel agencies.
10. Professional services, such as architectural, dental,
engineering, legal, medical, medical and dental labs, and planning services.
11. Repair services, such as appliance repair, shoe repair, and
TV and stereo repair services.
12. Printing, blueprinting, photo developing and reproduction,
and sign shops.
C. Institutional:
1. Clubs and lodges.
D. Residential:
1. Apartments on second floor or above.
2. Adult Family Homes.
3. Supported Living Arrangements.
4. Residential Care Facilities.
5. Group homes and hospices.
E. Transportation and Communication:
1. Convention centers, auditoriums.
2. Ferry, seaplane, airplane, helicopter, offices and terminals.
3. Mass transit terminals.
4. Parcel delivery service.
5. Radio, TV stations, and news buildings.
17-41
1-92
17.26.040 -
17.26.200
6. Vehicular services, such as ambulance service, automotive
and truck rentals, and vehicle maintenance and repair shops, not including body
and paint shops.
F. Wholesale:
1. Storage services, such as frozen food and cold storage
lockers, mini-warehouses, transfer, moving and storage facilities.
2. Warehouse buildings and yards.
3. Wholesale businesses.
G. Mixed Commercial/Residential:
1. Developments consisting of both commercial and
residential uses and located on arterial streets, with a minimum of 500 square
feet of building and 50% street frontage dedicated to commercial use. (Ord.
2652 ~ 12, 9-27-91; Ord. 2636 ~6 (part), 5-15-91; Ord. 2591 ~ 1, 5-25-90; Ord.
2293 ~ 1 (part), 4-4-84.)
17.26.080 Accessory Uses. Those uses incidental and accessory to the
primary use as defined in ~ 17.08.01O(A) are permitted. (Ord. 2293 ~ 1 (part),
4-4-84. )
17.26.160 Conditional Uses.
A Buildings or development necessary for the operation of a public
utility.
B. Churches.
C. Drive-in restaurants, restaurants with cocktail lounges and taverns,
all of which have direct customer access to an alley abutting residentially zoned
property.
D.
E.
F.
G.
H.
1.
J.
K
L.
M.
N.
fence.
Independent off-street parking structures and lots.
licensed wrecking yards.
Massage parlors, saunas and steam baths, as primary use.
Parks and public piers.
Recreational vehicle courts and parks.
Retail stands, subject to Ordinance No. 2070 (Chapter 17.87).
Salvage stores and yards, recycling stores.
Shopping malls, exceeding 63,000 square feet in land area.
Social service agencies providing 24-hour residential care.
Vehicle body and paint shops.
Veterinary clinics, offices and kennels, provided:
1. buildings and structures are soundproof.
2. all run areas are surrounded by an 8-foot solid wall or
3. animal runs are to be constructed in such a manner that no
animal can see another.
4. that an incinerator of a type approved by the local health
department is installed.
o. Other uses compatible with the intent of this Chapter.
(Ord. 2652 ~ 13, 9-27-91; Ord. 2636 ~6 (part), 5-15-91; Ord. 2293 ~ 1 (part),
4-4-84. )
1-92
17-42
. ,
17.26.200 -
17.26.220
17.26.200 Area and Dimensional Requirements.
A. Minimum Lot Area: 7,000 square feet.
B. Minimum Lot Width: 50 feet.
C. Setbacks:
Front No setback requirement.
Rear No structure shall be built within the rear 15 feet of a lot
that abuts an alley or a residential district.
Side No structure shall be built within 15 feet of any property
that has a residential zoning classification or an alley. No
side yard shall be required when abutting another
commercially zoned lot, except that for residential and
mixed commercial/residential structures a 7-foot side yard
shall be required.
D. Vision Clearance: All corner lots shall maintain a triangular area
at the intersection of two streets within which no tree, fence, shrub, wall, or
other physical obstruction shall be permitted higher than thirty (30) inches
above the established grade. The vision triangle shall extend twenty (20) feet
along both right-of-way lines as measured from their point of intersection.
E. Maximum Lot Coverage: 60%
F. Maximum Building Height: 30 feet.
(Ord. 2591 ~2, 5-25-90; Ord. 2293 ~ 1 (part), 4-4-84.)
17.26.210 Parking. (See Chapter 14.40 PAMC.) (Ord. 2293 ~ 1 (part),
4-4-84. )
17.26.220 Signs.
A. Signs may be lighted but not intermittent or flashing type. All
signs over 10 square feet in area shall be restricted to territory no closer than
100 feet to all property in a Residential District. Maximum height shall be 35
feet.
B. Maximum Sign Area:
1. Building-Mounted Signs. Building-mounted signs may be
placed on any elevation facing a public street. For buildings occupied by a
single entity, sign area shall not exceed 20% of the area of the building
elevation facing a public street to a maximum of 250 square feet for each
building elevation which faces a public street. In buildings occupied by more
than one entity, each entity's signage may not exceed 20% of that entity's
portion of the building elevation facing a public street occupied by said entity
to a maximum of 250 square feet.
2. Free-Standing Signs. One square foot of free-standing
visible sign area is allowed for every 1.25 lineal feet of arterial street frontage
of the site, provided that the maximum area on any free-standing sign face does
not exceed half of the maximum visible sign area. "Visible sign area" is defined
as the total of all free-standing sign faces visible from any location. The
maximum visible sign area for a particular site shall be as follows:
17-43
4-92
17.26.220 -
17.26.300
Site Size Maximum Visible Sign Area
Less than .50 acre 100 square feet
.50 - .99 acre 200 square feet
1 - 1.99 acres 300 square feet
2 - 2.99 acres 400 square feet
3 acres and above 500 square feet
C. Off-premise advertising signs, including billboards, shall be
prohibited on sites which contain signage for tenants or businesses located on
said sites. (Ord. 2689 ~ 1, 5-1-92; Ord. 2293 ~ 1 (part), 4-4-84.)
17.26.230 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 6 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 the yard abutting residentially zoned land. Such
a screen shall be to a height of 6 feet. If landscaping is used, it shall include
evergreen shrubs planted to form a hedge of at least 6 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 landscaping of at least
one tree for each ten spaces. The trees shall be of a type approved by the City,
at least 2" caliper at planting time, and placed in a planting area of 10-foot
minimum width or diameter. (Ord. 2293 ~ 1 (part), 4-4-84.)
17.26.300 Redesignation. Any property designated CAD or CAD-R on
the Zoning Map of Ordinance No. 1709, as amended, including the CAD-R
designation of Ordinance No. 1787, is hereby designated ACD (Arterial
Commercial District). (Ord. 2293 ~ 1 (part), 4-4-84.)
17-44
4-92
17.28.010 -
17.28.041
Chapter 17.28
CBD - Central Business District
Sections:
17.28.010 Purpose.
17.28.040
17.28.041 Permitted Uses.
17.28.080 Accessory Uses.
17.28.160 Conditional Uses.
17.28.200 Development Standards.
17.28.210 Parking.
17.28.220 Signs.
17.28.230 Design and Landscaping Standards.
17.28.010 Purpose. The purpose of the Central Business District is to
strengthen and preserve the area commonly known as the Downtown for major
retail, service, financial and commercial operations that serve the entire
community, the regional market, and tourists. It is further the purpose of this
District to establish standards to improve pedestrian access and amenities and
to increase public enjoyment of the shoreline. (Ord. 2303 ~ 1 (part), 7-4-84.)
17.28.040 Within 200 feet of ordinary high water, permitted or
conditional uses must comply with the Clallam County Shoreline Master
Program as adopted and amended by the City. (Ord. 2303 ~ 1 (part), 7-4-84.)
17.28.041 Permitted Uses.
A Retail:
1. Auto supply stores.
2. Building material stores, hardware stores, paint store, and
plumbing supply stores.
3. Commercial recreation establishments, such as bowling
alleys, night clubs, pool halls, theaters (movie and others), and video arcades.
17-44.1
4-92
17.28.041 -
4. Cocktail lounges, cafes, cafeterias, restaurants, sidewalk
cafes (subject to the permit requirements of the Street Use Ordinance No. 2229
as amended), take-out lunch stands, and taverns.
5. Food and beverage establishments, such as bakeries, candy
stores, delicatessens, grocery stores, liquor stores, meat and fish markets.
6. General merchandise stores, such as catalogue sales stores,
clothing and shoe stores, department stores, drug stores, second-hand stores,
antique stores, pawn shops, shopping malls (63,000 square feet and under),
sporting goods, 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. Specialized stores, such as bicycle, book, computer, florist,
gift, hobby, toy and pet stores.
B. Services:
1. Art, dance, voice, and music schools and studios.
2. Business colleges and trade schools.
3. Business services, such as accounting, tax services,
employment and management consulting, and printing services.
4. Child Day Care Centers and pre-schools.
5. Financial services, such as bail bond stores, banks, finance
offices, insurance companies, real estate offices, stock brokerages, and title
compames.
6. Furnishing repair shops and upholstering (and necessary
reupholstering) shops.
7. Governmental offices and social service agencies.
8. Self-service laundries and tailor shops.
9. Personal services, such as barber shops, beauty shops,
exercise and reducing studios, and travel agencies.
10. Professional services, such as architectural, dental,
engineering, legal, medical, and planning services, and medical and dental labs.
11. Repair services, such as appliance repair, shoe repair, and
TV and stereo repair services.
C. Institutional:
1. Clubs and Lodges.
2. Research Vessels.
D. Residential:
1. Apartments on the second floor or above.
2. Adult Family Homes.
3. Supported Living Arrangements.
4. Residential Care Facilities.
5. Group homes and hospices.
E. Transportation and Communication:
1. Convention centers and auditoriums.
2. Ferry, seaplane, and helicopter offices and terminals.
3. Mass transit terminals.
4. Vessel moorage, including marinas and docks for pleasure
boats, Coast Guard vessels, and submarines.
17-45
1-92
. ,
17.28.041 -
17.28.200
5. Vehicular rental services, including light trucks,
automobiles, motorcycles, mopeds, and bicycles.
F. Mixed Commercial/Residential:
1. Developments consisting of both commercial and
residential uses and located on arterial streets, with a minimum of 500 square
feet of building and 50% street frontage dedicated to commercial use.
(Ord. 2652 ~ 14, 9-27-91; Ord. 2591 ~3, 5-25-90; Ord. 2533 ~ 1, 5-24-89; Ord.
2303 ~ 1 (part), 7-4-84.)
17.28.080 Accessory Uses. Those uses incidental and accessory to the
primary use, as defined in ~ 17.08.01O(A) are permitted. (Ord. 2303 ~ 1 (part),
7-4-84.)
17.28.160 Conditional Uses.
A. Marine fueling stations.
B. Supermarkets
C. Boat sales, marine items, and related servicing.
D. Glass stores.
E. Retail food stands, subject to Chapter 17.87 of the Zoning
Ordinance.
F. Social service agencies providing 24-hour residential care.
G. Buildings necessary for the operation of a public utility.
H. Churches.
I. Parks and Public Piers.
J. Rest, retirement, nursing, and convalescent centers.
K Independent off-street parking lots and structure.
L. Shopping malls over 63,000 square feet.
M. Self-service gas Islands.
N. Other uses compatible with the intent of this Chapter.
(Ord. 2652 ~15, 9-27-91; Ord. 2636 ~7, 5-15-91; Ord. 2303 ~1 (part), 7-4-84.)
17.28.200 Development Standards.
A. Area and Dimensional Requirements:
1. Minimum Lot Area: 3,500 square feet.
2. Minimum Lot Width: 25 feet.
3. Setbacks/Building Envelope Distances:
Side - None, except no structure shall be built within 10
feet of any property that has a residential zoning classification. No side yard
required when abutting a commercial, green belt, or industrial zoned lot; except
that for residential and mixed commercial/residential structures a 7-foot side
yard shall be required.
Rear - None, except no loading structure or dock shall be
built within 15 feet of any alley.
Front - At least 50% of the front property line shall be
abutted by a building; provided, however, that for the purposes of this Section,
a publicly accessible plaza, square, outdoor dining area, or similar area shall be
considered a building.
17-46
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17.28.200 -
17.28.230
4. Maximum Lot Coverage: No maximum lot coverage except
that north of Railroad Avenue, maximum lot coverage shall be subject to the
requirements of the Clallam County Shoreline Master Program as adopted and
amended by the City of Port Angeles.
B. Maximum Building Height:
1. North of Railroad Avenue: Maximum building height shall
be established during the Shoreline Substantial Development Permit process,
utilizing the regulations and purposes of the Shoreline Master Program.
2. South of Railroad Avenue: Unlimited maximum height;
provided, however, that additional height over 45 feet shall be obtained by
Conditional Use Permit that considers the impacts upon existing views and
solar protection, shadow impacts, and the height of the bluff south of First
Street.
3. Leased air rights over rights-of-way shall have the same
maximum height as the abutting property.
4. Upper floors devoted exclusively to public access shall be
exempt from maximum height limitations; provided that views of the water are
unobstructed.
5. Height calculations shall be based upon the existing grade
of the lot or the existing grade of the front property line, whichever is higher.
(Ord. 2666 ~6, 1-17-92; Ord. 2591 ~4, 5-25-90; Ord. 2303 ~ 1 (part), 7-4-84.)
17.28.210 Parking: (See Chapter 14.40 PAMC). (Ord. 2303 ~ 1 (part),
7-4-84.)
17.28.220 Signs. Signs shall comply with Chapter 14.36 PAMC. (Ord.
2303 ~ 1 (part), 7-4-84.)
17.28.230 Design and Landscaping Standards.
A. All outdoor storage areas, except those associated with municipal
solid waste collection, shall be screened from public view from public rights-of-
way and established marine and pedestrian routes.
B. At least the first five feet of the 10-foot setback area abutting a
residential zone shall be landscaped. Landscaping shall include shrubs of at
least 6-foot mature height capable of forming a hedge, evergreen, deciduous,
or ornamental trees.
C. Development abutting the ordinary high water mark, as defined
in the Clallam County Shoreline Master Program, shall provide public access
to the shoreline.
D. Shoreline rehabilitation and/ or reconstruction shall provide a rock
riprap edge and wooden boardwalk or an improved on-grade path for public
access.
E. Development occurring in Harbor Lease areas over the water
shall be on piers and docks that comply with the requirements of the Clallam
County Shoreline Master Program.
17-47
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17.28.230 -
17.32.020
F. Landfill is prohibited except to increase public access to the
shoreline and shall comply with the Clallam County Shoreline Master Program
as adopted by the City of Port Angeles and hereafter amended.
G. 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. 2303 ~ 1 (part), 7-4-84.)
Chapter 17.32
LI - Light Industrial District
Sections:
17.32.010 Purpose.
17.32.020 Permitted Uses.
17.32.030 Accessory Uses.
17.32.040 Conditional Uses.
17.32.050 Area and Dimensional Requirements.
17.32.060 Parking.
17.32.070 Signs.
17.32.080 Design and Landscaping.
17.32.010 Purpose. The purpose of the Light Industrial District is to
create and preserve areas for industrial uses in a planned, park-like setting, 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. (Ord.
2329 ~1 (part), 3-11-85.)
17.32.020 Permitted Uses.
A. Manufacturing:
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. Plastic and other synthetic products.
17-48
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17.32.020 -
17.32.040
, '
8. Pharmaceutical and drug products
9. Wood products, such as cabinets, furniture, fixtures, and
pre-fabricated building components.
10. Assembly of mobile and modular homes and home
components.
B. Retail:
1. Auto and truck service stations.
2. Retail establishments accessory to building materials,
electrical, and plumbing supplies.
3. Restaurants and cafes.
4. Cocktail lounges and taverns.
5. Chain saw sales and service.
C. Wholesale Distribution:
1. Warehouse buildings and yards.
2. Wholesale businesses.
D. Services:
1. Building maintenance and janitorial services.
2. Laundry and dry cleaners.
3. Machinery maintenance and repair shops.
4. Mini-warehouses.
5. Professional services, such as architectural, construction and
engineering offices.
6. Research and development laboratories.
7. Storage yards and maintenance shops for builders,
contractors, and governmental agencies.
E. Transportation and Communication:
1. Airports, airport terminals, and related facilities.
2. Freight companies.
3. Household moving and storage.
4. Independent off-street parking structures and lots.
5. Mass transit terminals.
6. Parcel delivery service.
7. Printing, publishing, and book-binding.
8. Vehicular services, such as automotive and truck rentals,
vehicle maintenance and repair shops, and vehicle body and paint shops.
9. Utility buildings and structures.
(Ord. 2636 ~8, 5-15-91; Ord. 2329 ~ 1 (part), 3-11-85.)
17.32.030 Accessory Uses. Those uses incidental and accessory to the
primary uses as defined in ~ 17.08.01O(A) are permitted. (Ord. 2329 ~ 1 (part),
3-11-85.)
17.32.040 Conditional Uses.
A. Energy generating facilities.
B. Licensed wrecking yard.
17-49
1-92
J
17.32.040 -
17.32.050
C. Petroleum products storage and distribution yards, not including
oil, liquefied petroleum, or natural gas regulated by EFSEC, which are hereby
prohibited.
D. Processing of food products, such as meat, fruit, vegetables,
seafood, beverages, vegetable oils, and dairy products.
E. Veterinary clinics, offices, and kennels.
F. Manufacture of specialized small mechanical parts, tools, die-
casting, bearings, patterns, and other similar products, welding shops, and
machine shops.
G. Other industrial uses which comply with the purpose of this
District.
H. Agricultural uses, defined as commercial farming and animal
husbandry.
I. Social service agencies providing 24-hour residential care may be
granted a temporary Conditional Use Permit for a period of one (1) year. Such
temporary use permit may be issued only if the Planning Commission finds
that:
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.
J. 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. (Ord. 2671 ~ 1, 1-31-92; Ord. 2648 ~ 1, 8-30-91;
Ord. 2551 ~ 1, 10-25-89; Ord. 2329 ~ 1 (part), 3-11-85.)
17.32.050 Area and Dimensional Requirements.
A. Minimum Lot Area: 7,000 square feet.
H. 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), 3-11-85.)
17-50
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17.32.060 -
17.32.080
'{ .
17.32.060 Parking. (See Chapter 14.40 PAMC). (Ord. 2329 ~ 1 (part),
3-11-85.)
17.32.070 Signs.
A. One business sign for each wall not to exceed one square foot for
each horizontal lineal foot of building wall or 300 square feet, whichever is less,
shall be permitted.
B. One detached business sign, not exceeding 15 feet in height and
35 square feet in area, shall be permitted.
C. Public and private directional, traffic, and warning attached and
detached signs shall not exceed 4 square feet in area.
D. Signs may be lighted, but not intermittent or flashing.
E. Sign area shall be calculated 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. 2389 ~ 1, 5-30-86; Ord. 2329 ~ 1
(part), 3-11-85.)
17.32.080 Design and Landscaping.
A A minimum five-foot landscaping area shall be provided abutting
public rights-of-way, except for approved curb cuts.
B. All lighting on the site shall be directed or shaded so that it does
not shine directly on adjoining non-industrially zoned property or on public
rights-of-way.
C. A ten-foot wide buffer zone must be maintained adjacent to all
residentially or commercially zoned property, which buffer zone shall not be
used for storage, driveways, auto parking, or structures, except security fences.
A visual screen, consisting of solid fencing, landscaping, or other materials, shall
be provided in the buffer zone. Such a screen shall be to a height of 6 feet.
If landscaping is used, it shall include evergreen shrubs planted to form a hedge
of 6 feet mature 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 10 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. (Ord. 2666 ~7, 1-17-92; Ord.
2329 ~ 1 (part), 3-11-85.)
17-51
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. \
17.34.010 -
17.34.020
Chapter 17.34
M-2 - HEAVY INDUSTRIAL DISTRICT
Sections:
17.34.010 Purpose.
17.34.020 Permitted Uses.
17.34.025 Prohibitions.
17.34.040 Conditional Uses.
17.34.050 Area and Dimensional Requirements.
17.34.060 Parking.
17.34.070 Signs Permitted
17.34.010 Purpose. M-2 Zone - The least restrictive industrial area
intended to be the area in which heavy industry could develop causing the least
friction with other land uses. (Ord. 2668 ~6 (part), 1-17-92.)
17.34.020 Permitted Uses.
A. Automobile body, fender, laundry, paint shops and wrecking yards.
B. Bakeries, wholesale.
C. Battery rebuild, tire repair & recapping.
D. Boiler works.
E. Book, newspaper & magazine printing & publishing.
F. Bottling plants, creameries.
G. Cabinet and carpenter shops.
H. City pound.
I. Distillation of wood, coal or bones or manufacture of any of their
by-products.
J. Draying, freight & trucking yards, terminals.
K. Dry cleaning: clothes, carpets, rugs, laundries.
L. Fuel yards.
M. Gas (illuminating or heating) manufacture or storage.
N. Power, light or steam plant.
O. Railroad yard or roundhouse.
P. Sawmill.
Q. Ship building, storage, repair, boat havens, marinas.
R. Skating rink, dance hall, boxing arena, penny arcade, shooting
gallery or similar amusement enterprise.
S. Storage yards; building materials, tractors, trucks, boats,
equipment.
T.
U.
V.
W.
x.
Y.
Z.
1-92
Transportation or freight terminal.
Truck, trailer, motorcycle, repairing, overhauling, rental, sales.
Veterinary or pet shop hospital, kennel and hatchery.
Warehousing, distributing plants.
Wood products manufacture.
Utility buildings and structures.
Restaurants, cafeterias.
17-52
17.34.010 -
17.34.040
J '
AA. Manufacture, processing, packing, storage of:
1. alcohol
2. asbestos
3. asphalt
4. brick, tile or terra-cotta
5. brooms, brushes
6. chemicals
7. ceramics
8. celluloid or similar cellulose materials
9. cloth, cord or rope
10. concrete
11. drugs, pharmaceuticals
12. electrical products and appliances
13. food and food products
14. kelp reduction
15. lumber
16. machinery
17. perfumes
18. paint, lampblack, varnish, oil, turpentine
19. paper and pulp
20. plastics
21. prefabricated buildings
22. signs, all types
23. salt works
24. soap & soap products, toiletries
25. tar roofing or waterproofing
26. vegetable oil or other oil
BB. Any manufacturing, processing, commercial or industrial use not
heretofore listed which may be classified M-2 because of possible obnoxious
odors, noises, smoke, or unsightliness. (Ord. 2668 ~6 (part), 1-17-92; Ord. 1709
~ 1 (part), 12-22-70.)
17.34.025 Prohibitions.
A An oil port is expressly prohibited in this District. An oil port is
defined as facilities which will result in the receipt of more than an average of
50,000 barrels per day of crude or refined petroleum which has been or will be
transferred over marine waters.
B. Petroleum refineries, liquefied natural gas and liquefied petroleum
gas facilities, energy facilities, energy plants and their associated facilities and
associated transmission facilities as defined in Chapter 80.50 RCW are
expressly prohibited in this District.
C. Residential uses are prohibited in this District. (Ord. 2668 ~ 6
(part), 1-17-92; Ord. 1973 ~ 1, 5-12-78; Ord. 1894 ~ 1, 12-25-76; Ord. 1709 ~ 1
(part), 12-22-70.)
17.34.040 Conditional Uses. Other uses compatible with the intent of
this Chapter. (Ord. 2668 ~6 (part), 1-17-92; Ord. 2636 ~ 11, 5-15-91.)
17-53
1-92
. t
17.34.050 -
17.40.040
17.34.050 Area and Dimensional Requirements.
A. 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.
(Ord. 2668 ~6 (part), 1-17-92; Ord. 1709 ~ 1 (part), 12-22-70.)
17.34.060 Parking. (See Chapter 14.40 PAMC). (Ord. 2668 ~6 (part),
1-17-92; Ord. 1709 ~ 1 (part), 12-22-70.)
17.34.070 Signs Permitted.
A. Signs and billboards as permitted by City of Port Angeles sign
codes.
B. Intermittent or flashing types are prohibited.
C. Maximum height: 35 feet, 400 sq. ft. in area. (Ord. 2668 ~6
(part), 1-17-92; Ord. 1709 ~1 (part), 12-22-70.)
CHAPTER 17.40
PBP - PUBLIC BUILDINGS. PARK DISTRICT
Sections:
17.40.010 Purpose.
17.40.040 Permitted Uses.
17.40.050 Conditional Uses.
17.40.060 Minimum Yard Requirements.
17.40.070 Lighting Facilities.
17.40.080 Signs.
17.40.010 Purpose. PBP Zone - A zoning designation for publicly-
owned property, or property not 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". (Ord. 2668 ~7 (part), 1-17-92.)
17.40.040 Permitted Uses.
A Bleachers, grandstands (subject to review by Planning
Commission).
B. Bridle trails.
C. Cemeteries and Crematoriums.
D. City Hall.
E. Civic buildings & governmental offices
F. Common open space.
G. Courthouse.
H. Fire station.
17-54
1-92
17.40.040 -
17.40.080
J '
1.
J.
K.
L.
M.
N.
O.
P.
Q.
R.
S.
T.
U.
v.
District.
W. Streets, paths, and roads as required. (Ord. 2702 ~2, 8-14-92;
Ord. 2668 ~7 (part), 1-17-92; Ord. 2636 ~ 12 (part), 5-15-91; Ord. 2382 ~ 1,
3-15-86; Ord. 1709 ~1 (part), 12-22-70.)
Hospitals.
Library.
Marinas, boat storage.
Municipal pool.
Museum.
Parks, greenbelts.
Offstreet parking areas.
Picnic areas and facilities.
Playfields.
Playgrounds.
Recreation structures and facilities.
Reservoir, utilities (underground and overhead).
Schools.
Single-family residences which meet the requirements of the RS-7
17.40.050 Conditional Uses. Other uses compatible with the intent of
this Chapter. (Ord. 2668 ~7 (part), 1-17-92; Ord. 2636 ~ 12 (part), 5-15-91.)
17.40.060 Minimum Yard Requirements. No buildings constructed
subsequent to adoption of these regulations shall be constructed closer than 35
feet to a public right-of-way line. (Ord. 2668 ~7 (part), 1-17-92; Ord. 1709 ~ 1
(part), 12-22-70.)
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), 1-17-92; Ord. 2382 ~ 1 (part), 3-15-86.)
17.40.080 Signs. One sign per structure shall be permitted; provided
that such sign is a maximum height of 10 feet, no larger than 20 square feet,
and unlighted; provided further that a sign for a utility or hospital structure
may be lighted, and that intermittent or flashing lighted signs are prohibited.
(Ord. 2668 ~7 (part), 1-17-92; Ord. 2494 ~ 1, 6-17-88; Ord. 2326A ~ 1, 2-27-85;
Ord. 1709 ~ 1 (part), 12-22-70.)
17-55
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. ,
17.67.010 -
17.67.040
Chapter 17.67
Adult Entertainment Conditional Use
Sections:
17.67.010 Purpose.
17.67.020 Definitions.
17.67.030 Conditional Use Permit Required.
17.67.040 Development Policies.
17.67.050 Separation Requirements.
17.67.060 Permit Fee.
17.67.070 Permit Application.
17.67.080 Operation and Development Standards.
17.67.090 Exceptions.
17.67.100 Appeals.
17.67.110 Penalties.
17.67.010 Pur:pose. 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. 2511 ~ 1 (part),
10-4-88. )
17.67.020 Definitions.
A "Adult entertainment business" means 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. "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. (Ord. 2511 ~ 1 (part),
10-4-88.)
17.67.030 Conditional Use Permit Required. No adult entertainment
business shall be permitted in the City of Port Angeles unless a Conditional
Use Permit is approved pursuant to, and in compliance with, the provisions of
this Chapter. (Ord. 2511 ~ 1 (part), 10-4-88.)
17.67.040 Development Policies. All proposed adult entertainment
businesses must be compatible with the permitted and conditional uses of the
zoning district in which the adult entertainment business is located and must
17-56
1-92
17.67.040 -
17.67.050
be conducive to the public health, safety, and welfare. In furtherance of this
general policy, all adult entertainment businesses shall also be consistent with
the following policies:
A. Adult entertainment businesses shall be located so as to avoid
close proximity to any zone in which residential uses are an outright permitted
use, or any single or multi-family residence, public park, public library, daycare
center, pre-school, nursery school, public or private primary or secondary
school, or church, in order to reduce incompatibility with such uses and close
proximity to locations likely to be frequented by persons under eighteen years
old.
B. Adult entertainment businesses shall be located in areas of
intensive uses which serve a regional market.
C. Adult entertainment businesses shall be located so as to avoid
close proximity to one another to reduce potential for crime, protect property
values, and to protect local business image. (Ord. 2511 ~ 1 (part), 10-4-88.)
17.67.050 Separation Requirements. Adult entertainment businesses
may be permitted by Conditional Use Permit only if the following separation
requirements are met, unless a waiver is obtained as provided herein:
A. No adult entertainment business shall be located closer than 1,000
feet to any of the following zones or uses, which are likely to be frequented by
persons under the age of 18, whether such zone or use is located within or
outside the City limits:
1. Any zone in which residential uses are an outright
permitted use;
2. Single- or multi-family residence;
3. Public park;
4. Public library;
5. Daycare center, pre-school, or nursery school;
6. Public or private primary or secondary school;
7. 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.
B. The distances provided in this Section shall be measured by
following a straight line, without regard to intervening buildings, from the
nearest point of the property parcel upon which the proposed use is to be
located, to the nearest point of the parcel or property or the zone from which
the proposed land use is to be separated.
C. A waiver of the distance requirements provided in this Section
may be obtained as follows:
1. By presenting evidence of consent to the location of the
adult entertainment business within the 1,000-foot area by at least 51 % of the
owners and residents of property within the 1,000-foot area as evidenced by the
notarized signatures of such owners and residents; and
2. By determination of the Planning Commission, and
consideration of the following:
17-57
1-92
17.67.050 -
17.67.080
a. The extent to which physical features would result
in an effective separation in terms of visibility and access;
b. Compliance with the goals and policies of this
Chapter;
c. Compatibility with adjacent and surrounding land
uses;
the proposed use;
d. The availability or lack of alternative locations for
e. Ability to avoid the adult entertainment business by
alternative vehicular and pedestrian routes.
D. Uses and zones specified under 17.67.050(A) shall not be allowed
to locate within 1,000 feet of an adult entertainment business. Any party
proposing to locate such a use or zone within 1,000 feet of an adult
entertainment business is considered an intervening use and may do so only
after obtaining a waiver as provided in 17.67.050(C). (Ord. 2595 ~5, 6-27-90;
Ord. 2511 ~ 1 (part), 10-4-88.)
17.67.060 Permit Fee.
A The annual fee for the Conditional Use Permit required pursuant
to 17.67.030 shall be $90.
B. The Conditional Use Permit shall expire annually and must be
renewed each year. (Ord. 2511 ~ 1 (part), 10-4-88.)
17.67.070 Permit Application.
A The applicant must be 18 years of age or older.
B. All applications for adult entertainment Conditional Use Permits
shall be submitted in the name of the person or entity proposing to conduct
such adult entertainment business on the premises and shall be signed by such
person and notarized or certified as true, under penalty of perjury.
C. Copies of the application shall be referred by the Planning
Department to the Police, Fire, Public Works, or other appropriate
Departments. The Departments shall inspect the application, the premises
proposed to be operated as an adult entertainment business, and shall make
written verification to the Planning Department that such premises comply with
the codes of the City and recommendations consistent therewith. No permit
may be issued without such verifications. (Ord. 2511 ~ 1 (part), 10-4-88.)
17.67.080 Operation and Development Standards. All adult
entertainment businesses shall comply with the following operation and
development standards:
A. All signs shall be in compliance with the regulations for such signs
as set forth in the zoning requirements for the applicable zone; provided that
such signs shall not contain any obscene language or other form of obscene
communication.
B. The interior of the premises shall be arranged such that no adult
entertainment shall occur except upon a stage at least eighteen inches above
the immediate floor level and removed at least six feet from the nearest patron.
17-58
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17.67.080 -
17.67.110
C. No person shall be allowed entry onto the premises who IS
younger than eighteen years of age.
D. The business shall be operated and managed by persons whose
background and experience demonstrate the ability to maintain compliance
with all applicable Federal, State, and local laws and the provisions of this
Chapter.
E. The Police Department shall be authorized to make inspections
at all times as necessary to ensure compliance with this Chapter and other
applicable laws.
F. Sufficient illumination shall be provided so that all objects are
plainly visible at all times. Such illumination shall be not less than ten foot-
candles at floor level at all times when the premises are open or when any
member of the public is permitted to enter and remain therein.
G . No alcoholic beverages shall be served or allowed on the
premises. (Ord. 2511 ~ 1 (part), 10-4-88.)
17.67.090 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.
(Ord. 2511 ~ 1 (part), 10-4-88.)
17.67.100 Appeals. Any person aggrieved by the decision of the City
Council as to any Conditional Use Permit applied for pursuant to this Chapter
shall make appeal to the Clallam County Superior Court within fifteen (15)
days following the decision of the City Council. (Ord. 2511 ~ 1 (part), 10-4-88.)
17.67.110 Penalties.
A. Any person violating any provision of this Chapter shall be guilty
of a misdemeanor and shall be punished by a fine not to exceed Five Hundred
($500) Dollars. Each day that a violation continues shall constitute a separate
offense.
B. Violation of the standards and regulations in this Chapter is
declared to be a public nuisance, per se, which shall be abated by the City
Attorney by way of civil abatement procedures, and which shall subject the
premises to immediate closure.
C. Nothing in this Chapter is intended to authorize, legalize, or
permit the establishment, operation, or maintenance of any business, building,
or use which violates any City ordinance or State statute regarding public
nuisances, sexual conduct, lewdness, or obscene or harmful matter, or the
exhibition or public display thereof. (Ord. 2511 ~ 1 (part), 10-4-88.)
17-59
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17.70.010
Chapter 17.70
PRD - Planned Residential Development
Sections:
17.70.010 Purpose and Intent.
17.70.011 Definitions.
17.70.020 Applicability.
17.70.030 Permitted Uses.
17.70.040 Permitted Modifications of Land Use Regulations.
17.70.050 Standards.
17.70.060 Basic Density.
17.70.061 Additional Density Credits.
17.70.070 Procedure for Approval.
17.70.080 Pre-Application Review.
17.70.090 Application Procedure.
17.70.100 Routing and Staff Recommendations.
17.70.110 Planning Commission Public Hearing - Scheduling and Notice.
17.70.120 Planning Commission Recommendation - Preliminary
Development Plans.
17.70.130 City Council Action - Preliminary Development Plans.
17.70.140 Final Approval of Planned Residential Development.
17.70.150 Planning Commission Review of Final Development Plan.
17.70.160 City Council Final Action.
17.70.170 Building Permits.
17.70.180 Modifications After Final Approval.
17.70.300 Penalty.
17.70.010 Purpose and Intent. The purpose of the Planned Residential
Development District is to provide alternative zoning regulations which permit
and encourage design flexibility, conservation of natural amenities, and
innovation in residential developments. It is intended that a Planned
Residential Development will result in a residential environment of higher
quality than traditionallot-by-Iot development by use of a design process which
includes within the site design all the components of a residential
neighborhood, such as open space, circulation, building types, and natural
features, in a manner consonant with the public health, safety, and welfare. It
is also intended that a Planned Residential Development may combine a
number of land use decisions such as conditional use permits, rezones, and
subdivisions into a single project review process to encourage timely public
hearings and decisions and to provide for more open space and transitional
housing densities than is required or may be permitted between single-family
and multi-family zoning districts. The consolidation of permit reviews does not
exempt applicant(s) from meeting the regulations and submitting the fees and
17-60
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17.70.010 -
17.70.020
applications normally required for the underlying permit processes. (Ord. 2657
~1 (part), 12-13-91; Ord. 2038 ~1 (part), 7-29-79.)
17.70.011 Definitions.
A. Common Usable Open Space: Area within a Planned Residential
Development which is accessible and usable to all residents of the development
and which is either:
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 Residential 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 1000 square feet.
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 development are
included in the calculation.
C. Planned Residential Development (PRD): A PRD is a site
specific development which has been approved by the City Council under the
provisions of Chapter 17.70 of the Port Angeles Municipal Code.
D. Recreational Purpose: An express intent of a space design and
development to service a particular healthful or aesthetic activity.
E. Townsite Block: A block of 500' x 300' dimension or 3.44 acres
as created by the original platting of the Townsite of Port Angeles.
F. Transitional Housing Density: A calculation measured in dwelling
units per acre that is greater than the maximum units/acre permitted in one
zoning district and less than the maximum units/acre permitted in another
zoning district. (Ord. 2657 ~ 1 (part), 12-13-91; Ord. 2038 ~ 1 (part), 7-29-79.)
17.70.020 Applicability. Planned Residential Developments may be
established, subject to final approval of a proposal for a specific parcel or
parcels of land, in all districts which allow residential uses, and may include
land which is zoned PBP. A Planned Residential Development shall contain
a minimum of one (1) acre with basic densities permitted only per the
underlying zoning districts and a minimum of 3.44 acres with additional density
credits as may be permitted through Section 17.70.061. (Ord. 2657 ~ 1 (part),
12-13-91; Ord. 2038 ~ 1 (part), 7-29-79.)
17.70.030 Permitted Uses. Only those residential uses allowed in the
underlying zoning district are permitted within a Planned Residential
Development of less than 3.44 acres; provided that, for purposes of this
Chapter, a single-family residence may be attached to another dwelling by
17-61
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17.70.030 -
17.70.050
common walls. Residential building types in a Planned Residential
Development of 3.44 acres or more may vary from those permitted in the
underlying zoning district. (Ord. 2657 ~ 1 (part), 12-13-91; Ord. 2038 ~ 1 (part),
7-29-79.)
17.70.040 Permitted Modifications of Land Use Regulations. The
approval of a Planned Residential Development may include modifications in
the requirements and standards of the underlying land use regulations of the
district in which the project is located, subject to the limitations of this Chapter,
except that no approval shall include a modification, variance or waiver of the
setback areas required by the underlying zoning districts along the exterior
property lines of the PRD or of the requirements of the Shoreline Master
Program except as provided in Chapter 173-14 WAC. (Ord. 2657 ~ 1 (part),
12-13-91; Ord. 2038 ~ 1 (part), 7-29-79.)
17.70.050 Standards. The following standards shall apply to all Planned
Residential Developments:
A. All street and utility improvements shall be constructed to
standards specified by the City of Port Angeles. Street widths may vary from
widths required in the Subdivision Regulations, and interior circulation streets
may be either public or private.
B. All Planned Residential Developments shall devote at least 30%
of the gross area of the site to common usable open space, half of which must
be used for recreational purposes and none of which will be credited in the
setback areas required along the exterior property lines of the PRD. Street
rights-of-way, driveways, parking lots and utility structures shall not be counted
as part of the common usable open space. Common usable open space shall
be maintained as an integral part of the site and may not be segregated as a
separate parcel or parcels unless such parcels are to be owned by a
homeowners association. Community recreation facilities and recreation
structures shall be included in calculating the area devoted to common usable
open space.
C. All Planned Residential Developments 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 of all projects which involve or
contemplate the subdivision of land. Lots in a platted Planned Residential
Development may be sold to separate owners according to the separate lots as
shown in the recorded plat which is approved in connection therewith.
Development of all lots within the platted Planned Residential Development
shall be as shown in the approved PRD. No further subdivision of land within
the Planned Residential Development will be permitted unless a formal
amendment to the PRD is approved.
17-62
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17.70.050 -
17.70.060
E. Conditional Use Permits shall be required of all projects which
involve or contemplate conditional uses which may be allowed in the underlying
zoning district(s). No further conditional use permits, except home occupations,
will be permitted within the Planned Residential Development unless a formal
amendment to the PRD is approved.
F. For any underlying land use regulatory process that is consolidated
through the PRD overlay process, the criteria and development standards of
that underlying land use 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 PRD.
G. To encourage design flexibility, conservation of natural amenities,
and innovations which result in a higher quality residential environment than
traditional subdivisions, site planning and architectural review which address
the following 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.
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 Planned Residential Developments shall comply with the goals
and policies of the Port Angeles Comprehensive Plan. (Ord. 2657 ~ 1 (part),
12-13-91; Ord. 2038 ~ 1 (part), 7-29-79.)
17.70.060 Basic Density. Every Planned Residential Development shall
be allowed an increase of 10% over the gross or neighborhood density of the
underlying zone or zones in which the site is located, as follows:
Zone Nei~hborhood Density
PBP 1.8 diu/acre
+10%
PRD Density
RS-9 3.59 diu/acre
RS-7 4.47 diu/acre
RTP 7.26 diu/acre
RMF, OC
& C 25.6 diu/acre
Zones
(Ord. 2657 ~ 1 (part), 12-13-91; Ord. 2038 ~ 1 (part), 7-29-79.)
(50% of + 10% = 1.98 d.u.acre RS-9 density credit)
+ 10% = 3.59 d.u./acre
+ 10% = 4.92 d.u.facre
+ 10% = 7.98 d.u./acre
+ 10% =
,
28.2 d.u./acre
17-63
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17.70.061 -
17.70.080
17.70.061 Additional Density Credits. To encourage further innovative
design and site planning, additional density credits may be granted if the
proposed development provides amenities and improvements above and beyond
typical planned residential development site planning. Additional density
credits shall be based upon the following criteria:
A Compatibility with the existing residential neighborhood.
B. Innovative and aesthetic architectural design of buildings and
other structures.
C. Use of landscaping and natural vegetation to screen and provide
transitional buffering of the PRD development to neighboring properties.
D. Provision of recreation facilities such as bicycle or pedestrian
trails, children's play area, playfields, and neighborhood parks to serve others
in addition to the occupants of the proposed development.
For each of the above, an additional 5% or less density credits per criterion
may be granted. The total PRD density may not exceed 20% over the basic
PRD density for the underlying zones. (Ord. 2657 ~ 1 (part), 12-13-91; Ord.
2038 ~ 1 (part), 7-29-79.)
17.70.070 Procedure for Approval. The procedure for approval of a
Planned Residential Development shall be composed of four steps:
A Public hearing on the preliminary development plan and, if
applicable, the preliminary plat and other permit actions, and recommendation
by the Planning Commission to the City Council;
B. Approval by the City Council at a public meeting of the
preliminary development plan and other actions as applicable;
C. Public hearing by the Planning Commission to review the final
development plan and plat for compliance with the approved preliminary
development plan, and recommendation to the City Council;
D. Approval of the final development plan and plat by the City
Council at a public meeting.
E. At either the preliminary or final PRD stage, or both, the City
Council may at its discretion decide to hold a public hearing. (Ord. 2657 ~ 1
(part), 12-13-91; Ord. 2038 ~ 1 (part), 7-29-79.)
17.70.080 Pre-Application Review. Prior to applying for a PRD, a
developer shall submit a conceptual plan to the Planning Department. 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 17.70.090 E and G.
After the conceptual plan review and prior to accepting a PRD
application, the City shall require a neighborhood 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. The
17-64
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17.70.080 -
17.70.090
applicant shall submit an additional set of mailing labels as required for public
notice per Article XI, Section 14, Ordinance No. 1709, as amended (Zoning
Code). (Ord. 2657 ~1 (part), 12-13-91; Ord. 2038 ~1 (part), 7-29-79.)
17.70.090 Application Procedure. The application for a Planned
Residential Development 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
record owners of the land and of the applicant and, if applicable, the names,
addresses and telephone numbers of any architect, planner, designer, or
engineer responsible for the preparation of the plan, and of any authorized
representative of the applicant.
B. A narrative explaining the proposed use or uses of the land and
building, including the proposed number of dwelling units by type, such as
single-family detached, row housing, and apartments; information on any special
features, conditions of which cannot be adequately shown on drawings; and an
explanation of covenants, continuous maintenance provisions, and/ or
homeowners association for the project.
C. A survey of the property showing existing features, including
contours at 5-foot intervals, buildings, structures, streets, utility easements,
rights-of-way, 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, which identifies
significant groupings of trees and unusual or fine specimens of their species;
OR (b) a survey of all trees over twelve inches in trunk diameter measured at
four feet above the ground; as determined by the Planning Director, 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 which are unusual or fine specimens
of their species.
4. In general wooded areas where minor improvements are
proposed, a survey of trees over twelve inches in trunk diameter measured at
four feet above the ground will be required to a reasonable distance around the
improvements.
E. Preliminary site plans showing existing and proposed contours at
5-foot intervals, location and principal dimensions of buildings, open space,
recreation areas, parking areas, circulation, landscape areas, subdivision platting
and general arrangement.
F. A preliminary plat, if applicable, pursuant to Chapter 58.17 RCW
and Chapters 16.04 and 16.08 P AMC.
17 -65
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17.70.090-
17.70.120
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 Section 17.70.061.
H. Preliminary elevation and perspective drawings of project
structures.
I.
J.
A preliminary utilities plan, including fire hydrant locations.
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; 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 as required for public notice per Article XI, Section
14, Ordinance No. 1709, as amended (Zoning Code). (Ord. 2657 ~ 1 (part),
12-13-91; Ord. 2038 ~ 1 (part), 7-29-79.)
17.70.100 Routing and Staff Recommendations. Upon receipt of an
application satisfying the requirements of Section 17.70.090, the Planning
Department shall route the same to all appropriate City Departments. Each
such department shall submit to the Planning Department recommendations
and comments regarding the application. The Planning Department shall
prepare a report to the Planning Commission summarizing the factors involved,
the recommendations of other departments, and the Planning Department
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. 2657 ~ 1 (part), 12-13-91; Ord. 2038 ~ 1 (part), 7-29-79.)
17.70.110 - Planning Commission Public Hearing - Scheduling and
Notice. Upon receipt of an application satisfying the requirements of Section
17.70.090, the Planning Department shall schedule a public hearing before the
Planning Commission. Public notice shall be given as provided in ~ 17.96.140.
(Ord. 2657 ~ 1 (part), 12-13-91; Ord. 2038 ~ 1 (part), 7-29-79.)
17.70.120 Planning Commission Recommendation - Preliminary
Development Plans. Prior to making a recommendation on an application for
a preliminary Planned Residential Development, the Planning Commission
shall hold at least one public hearing. The Commission's recommendation on
PRD density shall be based upon Sections 17.70.010, .060 and .061, and the
recommendation for approval, denial, or approval with modifications or
conditions shall be forwarded to the City Council in written form based upon
compliance with Section 17.70.050 and the following criteria:
A. The proposed development will comply with the policies of the
Comprehensive Plan and further the attainment of the objectives and goals of
the Comprehensive Plan.
17-66
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17.70.120 -
17.70.140
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. The internal streets serving the proposed development are
adequate for the 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. 2657 ~ 1 (part), 12-13-91; Ord.
2038 ~ 1 (part), 7-29-79.)
17.70.130 City Council Action - Preliminary Development Plans. The
City Council shall, at a public meeting, consider the recommendation of the
Planning Commission. The Council may approve, deny, or approve with
modifications or conditions the submitted preliminary development plans.
Approval shall be by Council action which incorporates the approved
preliminary development plans by reference, and shall include findings based
upon Section 17.70.060, .061, and .120. (Ord. 2657 ~ 1 (part), 12-13-91; Ord.
2038 ~ 1 (part), 7-29-79.)
17.70.140 Final Approval of Planned Residential Development.
Application for final approval of the Planned Residential Development shall
be submitted within one year of the approval of the preliminary development
plan. 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. Guarantee ensuring 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. Final development plans, which shall be in compliance with the
approved preliminary development plans.
D. The final plat, if applicable, pursuant to Chapter 58.17 RCW and
Chapter 16.04 and 16.08 P AMC.
E. Development 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.
17-67
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17.70.140 -
17.70.180
G. Covenants, conditions and restrictions and/or homeowners
association agreement. (Ord. 2657 ~ 1 (part), 12-13-91; Ord. 2038 ~ 1 (part),
7-29-79.)
17.70.150 Planning Commission Review of Final Development Plan.
The Planning Commission shall consider the application for final approval at
a public hearing, notice of which shall be given as provided in ~ 17.96.140. A
recommendation to the City Council for approval shall include findings on the
following:
A Compliance with the approved preliminary development plans;
B. Adequacy of the provisions for maintenance of required common
open space and other common improvements;
C. The final plat, if applicable; and
D. Bonding or other acceptable form of security for the whole or
specific parts of the project. (Ord. 2657 ~ 1 (part), 12-13-91; Ord. 2038 ~ 1
(part), 7-29-79.)
17.70.160 City Council Final Action. The City Council shall review the
recommendation of the Planning Commission at a public meeting, and shall
approve, deny, or approve with modifications the final development plan and,
if applicable, the final plat. Approval of the final development plan shall be
by ordinance and a copy of the final PRD shall be filed with and made a part
of said ordinance. The Zoning Map shall be amended to indicate the extent
of the approved Planned Residential Development, and all future development
of the site shall be in conformance with the approved PRD. (Ord. 2657 ~ 1
(part), 12-13-91; Ord. 2038 ~ 1 (part), 7-29-79.)
17.70.170 Building Permits. The Building Division shall issue building
permits for buildings and structures which conform with the approved final
development plans for the Planned Residential Development and with all other
applicable City ordinances and regulations. The Building Division shall issue
a certificate of occupancy for completed buildings or structures which conform
to the requirements of the approved final development plans and all other
applicable City ordinances and regulations. The construction and development
of all the usable common open spaces, public recreation 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. (Ord. 2657 ~ 1 (part), 12-13-91; Ord. 2038 ~ 1 (part), 7-29-79.)
17.70.180 Modifications After Final Approval. The final approval shall
be binding upon the development, and 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
17 -68
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17.70.180 -
17.70.300
Planning Department is authorized to allow minor adjustments in the
development schedule, location, placement, height, or dimension of buildings
and structures, not to exceed an alteration of ten percent in height or ten feet
in any other direction, when such minor changes and alterations are required
by engineering and other circumstances not foreseen or reasonably foreseeable
at the time of approval of the final development plans; except that such
adjustments shall not increase the total amount of floor space authorized in the
approved final PRD, or the number of dwelling units or density, or decrease
the amount of parking or loading facilities, or permit buildings to locate closer
to the closest boundary line, or decrease the amount of open space, or decrease
the recreation facilities, or change any points of ingress or egress to the site, or
extend the development schedule for not more than twelve months. (Grd. 2657
~ 1 (part), 12-13-91; Grd. 2038 ~ 1 (part), 7-29-79.)
17.70.300 Penalty. Any person violating any provision of this Chapter
shall be guilty of a misdemeanor, and shall be punished by a fine not to exceed
five hundred ($500) dollars or ninety (90) days in jail, or both such fine and
imprisonment. Each day that a violation continues shall constitute a separate
offense. (Grd. 2657 ~ 1 (part), 12-13-91; Grd. 2038 ~ 1 (part), 7-29-79.)
17-69
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17.86.010 -
17.86.012
Chapter 17.86
HO - Home Occupations
Sections:
17.86.010 Purpose.
17.86.011 Conflict with Other Ordinances.
17.86.012 Definitions.
17.86.020 Applicability.
17.86.030 Home Occupations Exempted.
17.86.040 Development Standards.
17.86.050 Application Procedure.
17.86.060 Routing and Staff Recommendations.
17.86.070 Planning Director Public Hearing - Scheduling and Notice.
17.86.080 Planning Director Decision.
17.86.090 Special Review.
17.86.100 Appeals.
17.86.110 Permit Limitations.
17.86.120 Existing Home Occupations.
17.86.300 Revocation of Permit.
17.86.310 Penalties.
17.86.010 Purpose. The purpose of the Home Occupation Conditional
Use is to ensure that an occupation or business undertaken within a dwelling
unit located in a residential use district is incidental to the primary use and is
compatible with the residential character of the neighborhood. (Ord. 2103 ~2,
10-18-80. )
17.86.011 Conflict with Other Ordinances. Should any of the provisions
or definitions of Ordinance No. 1709, as amended, conflict with or overlap any
of the provisions or definitions of this Ordinance, whichever imposes the more
stringent regulations shall prevail. (Ord. 2103 ~3, 10-18-80.)
17.86.012 Definitions.
A "Home Occupation" is an occupation or business activity which
results in a product or service and is conducted in whole or in part in the
dwelling unit, and is clearly 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. 2265 ~2,
9-19-83; Ord. 2103 ~4, 10-18-80.)
17-70
1-92
17.86.020 -
17.86.040
17.86.020 Applicability. A Conditional Use 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 Section 17.86.030.
(Ord. 2103 ~5, 10-18-80.)
17.86.030 Home Occupations Exempted. The following Home
Occupations shall be exempted when all the development standards in Section
17.86.040 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 is parked on the
premises 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. 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.
D. Family Day Care Home. (Ord. 2652 ~ 16,9-27-91; Ord. 2103 ~6,
10-18-80.)
17.86.040 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 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 Planning Director shall determine the number of visitations per day
that is compatible with the area.
C. If customers or clients visit the home, the hours of operation shall
be from 9:00 AM to 5:00 PM, unless otherwise specified by the Planning
Director.
D. If the operation is the type in which classes are held or instruction
given, the Planning Director shall determine the number of students per day
that is compatible with the area.
E. Employees working on the premises shall be limited to members
of the family residing in the dwelling unit, unless otherwise specified by the
17-71
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17.86.040 -
17.86.080
Planning Director; 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
Planning Director; PROVIDED that the dwelling unit and accessory building
in which the Home Occupation is conducted shall occur on the same parcel.
(Ord. 2595 ~4, 6-27-90; Ord. 2265 ~3, 9-19-83; Ord. 2103 ~7, 10-18-80.)
17.86.050 Application Procedures. The application for a Conditional
Use Permit for a Home Occupation shall be submitted on a form obtained
from the Planning Department and shall be acknowledged by the owner of the
property, if other than the applicant. (Ord. 2103 ~8, 10-18-80.)
17.86.060 Routing and Staff Recommendations. Upon receipt of an
application satisfying the requirements of Section 17.86.050, the Planning
Department shall route the same to all appropriate departments. Each such
department shall submit to the Planning Department recommendations and
comments regarding the application. The Planning Department shall prepare
a report to the Planning Director summarizing the factors involved, the
recommendations of other departments, and the Planning Department
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. 2595 ~4, 6-27-90; Ord. 2103 ~9, 10-18-80.)
17.86.070 Planning Director Public Hearing - Scheduling and Notice.
Upon receipt of an application satisfying the requirements of Section 17.86.050,
the Planning Department shall schedule a public hearing before the Planning
Director with public notice being given as provided in Article XI, Section 14,
of the Zoning Code. (Ord. 2595 ~4, 6-27-90; Ord. 2103 ~ 10, 10-18-80.)
17.86.080 Planning Director Decision. Prior to making a decision on an
application for a Conditional Use Permit for a Home Occupation, the Planning
Director shall hold at least one public hearing. The Director's decision shall
be in written form with findings based upon compliance with Section 17.86.010,
17.86.040 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.
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.
17-72
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17.86.080 -
17.86.120
E. The Planning Director decision shall include a condition that
Home Occupations be forwarded to the Public Works Department for the
determination of utility charges. (Ord. 2595 ~4, 6-27-90; Ord. 2103 ~ 11,
10-18-80.)
17.86.090 Special Review. Persons with demonstrated physical
handicaps may be permitted Special Review by the Planning Director. Such
applicant may request waiver of Development Standard E and/or F. No waiver
of the criteria of Section 17.86.080 will be considered. (Ord. 2595 ~4, 6-27-90;
Ord. 2103 ~ 12, 10-18-80.)
17.86.095 Special Review Criteria. In addition to the criteria of Section
17.86.080, the Director 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. 2595 ~4, 6-27-90; Ord. 2103
~ 13, 10-18-80.)
17.86.100 Appeals.
A. The Planning Director decision shall stand as the City's final
decision, unless appealed by any person aggrieved by the decision to the City
Council.
B. Appeals shall be submitted to the Planning Department in writing
within fifteen (15) days following the date of the Planning Director decision.
C. The City Council shall conduct a public hearing on the appeal
with public notice being given as provided in ~ 17.96.140. The Council's
decision shall be final unless appealed to Clallam County Superior Court in
accordance with ~ 17.96.150. (Ord. 2595 ~4, 6-27-90; Ord. 2517 ~ 1, 1-13-89;
Ord. 2103 ~ 14, 10-18-80.)
17.86.110 Permit Limitations.
A Once a Conditional Use Permit for a Home Occupation 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 Conditional Use Permits for
Home Occupations shall not exceed one year, after which time extensions may
be granted as provided in ~ 17.96.070(F). (Ord. 2595 ~4, 6-27-90; Ord. 2103
~ 16, 10-18-80.)
17.86.120 Existing Home Occupations.
A. Home Occupations, other than those specifically exempted under
Section 17.86.030, established prior to the effective date of this Chapter and not
having a Conditional Use Permit in accordance with the provisions of
~ 17.96.050, shall, within ninety (90) days after the effective date of this
Chapter, initiate a Conditional Use Permit application. After the ninety-day
period, the penalties section of this Chapter shall be in full force.
17-73
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\
17.86.120 -
17.86.310
B. Time extensions of Conditional Use Permits for Home
Occupations lawfully established prior to the effective date of this Chapter shall
not be approved unless the Home Occupation complies fully with this Chapter.
(Ord. 2103 ~ 17, 10-18-80.)
17.86.300 Revocation of Permit. 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. 2103 ~ 18, 10-18-80.)
17.86.310 Penalties.
A Any person violating any provision of this Chapter shall be guilty
of a misdemeanor, and shall be punished by a fine not to exceed Five Hundred
($500) Dollars. Each day that a violation continues shall constitute a separate
offense.
B. In addition to the criminal penalty of Subsection A hereof, any
person operating under an exemption authorized by any portion of this Chapter
shall be deemed to have forfeited said permit as a result of said violation.
Such person shall be required to apply for a Conditional Use Permit pursuant
to the provisions of Section 17.86.050. Failure to apply for and obtain a
Conditional Use Permit pursuant to Section 17.86.050 shall subject the person
to the penalty specified in Section 17.86.310 A. (Ord. 2103 ~ 19, 10-18-80.)
17-74
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17.87.010 -
17.87.040
Chapter 17.87
RS - Retail Stand Conditional Use
Sections:
17.87.010 Purpose.
17.87.020 Definitions.
17.87.030 Conditional Use Permit Required.
17.87.040 Development Standards.
17.87.050 General Location Standards.
17.80.060 Specific Location Standards.
17.87.070 Application Procedure.
17.87.080 Routing and Staff Recommendations.
17.87.085 Public Hearing.
17.87.090 Planning Director's Decision.
17.87.100 Permit Limitations.
17.87.110 Permit Revocation.
17.87.120 Penalties.
17.87.130 Appeals.
17.87.140 Effective Date and Holdover Provisions.
17.87.010 Puq>ose. The purpose of this Chapter is to ensure that retail
stands are appropriately located in the commercial and public building areas,
are compatible with the uses allowed in such areas, and are conducive to the
public health, safety, and welfare, and to promote the diversity of retail stand
activity. (Ord. 2596 ~ 1, 6-27-90; Ord. 2471 ~ 1 (part), 1-1-88.)
17.87.020 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. (Ord. 2471 ~ 1
(part), 1-1-88.)
17.87.030 Conditional Use Permit Required. No retail stand shall be
permitted in the City of Port Angeles unless a Conditional Use Permit is
approved pursuant to, and in compliance with, the provisions of this Chapter.
(Ord. 2471 ~ 1 (part), 1-1-88.)
17.87.040 Development Standards. All proposed retail stands must be
compatible with the permitted and conditional uses of the zoning district 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 3 feet wide by 5 feet long by 5
feet high and shall have a minimum of two functional rubber-tired wheels and
positive wheel-locking devices.
17-75
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17.87.040
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% of the facade or six square feet,
whichever is less.
G. Originality and appropriate graphics in signage shall be
encouraged.
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.
17-76
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17.87.040 -
17.87.050
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 more
than three feet from the edge of the cart in one direction. 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 2AlOBC 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. 2471 ~ 1 (part), 1-1-88.)
17.87.050 General Location Standards.
A. Retail stands may only be located in the following zones:
1. Arterial Commercial District (ACD);
2. Central Business District (CBD);
3. Office Commercial District (OC);
4. Neighborhood Shopping District (CSD-N);
5. Community Shopping District (CSD-C);
6. Public Buildings and Parks District (PBP).
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:
1. The type and intensity of the proposed use and the type
and intensity of existing uses;
17-77
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17.87.050 -
17.87.060
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.
2596 ~2, 6-27-90; Ord. 2471 ~ 1 (part), 1-1-88.)
17.87.060 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 Planning
Department 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
generallocational standards of this Chapter shall be used to determine which
application, if approved, shall be assigned the location.
17-78
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17.87.060 -
17.87.070
F. One or two permits may be issued for a location, and no permit
shall be issued for a location within fifty feet of a location for which two
permits are already approved.
G. No retail stand shall be placed within two hundred 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 two hundred feet.
H. Any retail stand located in a parking lot shall comply with the
following minimum standards:
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. 2596 ~3, 6-27-
90; Ord. 2471 ~ 1 (part), 1-1-88.)
17.87.070 Application Procedure. Applications for new Retail Stand
Conditional Use Permits shall be considered starting in February of each year.
The application for a Retail Stand Conditional Use Permit shall be submitted
on a form obtained from the Planning Department 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 Planning
Department. 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 location. 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 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.
17-79
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17.87.070 -
17.87.110
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. 2596 ~4, 6-27-90; Ord. 2471 ~ 1 (part), 1-1-88.)
17.87.080 Routing and Staff Recommendations. Upon receipt of an
application satisfying the requirements of this Chapter, the Planning
Department 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 Planning
Department recommendations and comments regarding the application. After
consultation and coordination with all other applicable City Departments, the
Planning Director 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. 2471 ~ 1 (part), 1-1-88.)
17.87.085 Public Hearing. Prior to making a decision on a Retail Stand
Conditional Use Permit, the Planning Director shall hold a public hearing on
the application with public notice being given as provided in ~ 17.96.140. (Ord.
2595 ~6, 6-27-90; Ord. 2471 ~ 1 (part), 1-1-88.)
17.87.090 Planning Director's Decision. The Planning Director'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. 2471 ~ 1 (part), 1-1-88.)
17.87.100 Permit Limitations.
A A Retail Stand Conditional Use Permit may not be transferred to
another person or to a location other than that stated on the permit.
B. Each permit shall be for a period not to exceed eight months
unless otherwise stated by the City and may be renewed by extension of an
approved CUP. Preference may be given to a renewal extension request before
a new application for that retail stand location shall be considered. (Ord.2596
~5, 6-27-90; Ord. 2471 ~ 1 (part), 1-1-88.)
17.87.110 Permit Revocation. The Planning Director 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 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
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17.87.110 -
17.87.140
E. The scheduled hours of operation are not followed.
Upon denial, suspension or revocation, the Planning Director 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 Planning Director, or his designee, may cause
a removal of any retail stand found in violation of 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. 2596 ~6, 6-27-90; Ord. 2471
~ 1 (part), 1-1-88.)
17.87.120 Penalties. Any person violating any provision of this Chapter
shall be guilty of a misdemeanor and shall be punished by a fine not to exceed
Five Hundred ($500) Dollars. Each day that a violation continues shall
constitute a separate offense. (Ord. 2471 ~ 1 (part), 1-1-88.)
17.87.130 Appeals.
A. Any person aggrieved by the decision of the Planning Director
under Section 17.87.090 or .110 may appeal the decision to the City Council.
B. Appeals shall be submitted to the Planning Department in writing
within fifteen (15) days following the date of the Planning Director decision.
C. The retail stand shall be removed and shall not be operated
during the appeal process.
D. The City Council shall conduct a public hearing on the appeal
with public notice being given as provided in ~ 17.96.140. The Council's
decision shall be final unless appealed to Clallam County Superior Court as
provided in ~ 17.96.150. (Ord. 2595 ~7, 6-27-90; Ord. 2471 ~ 1 (part), 1-1-88.)
17.87.140 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. 2471 ~ 1 (part), 1-1-88.)
17-81
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.
17.91.010 -
17.91.050
CHAPTER 17.91
HOMES FOR THE ELDERLY. NURSING HOMES,
GROUP CARE HOMES
Chapters:
17.91.010 Purpose.
17.91.020 Location.
17.91.030 Lot Areas.
17.91.040 Minimum Yard Requirements.
17.91.050 Parking.
17.91.060 Recreation Area.
17.91.070 Screening.
17.91.010 Purpose. In order to provide adequate facilities and
environment for elderly persons in the City of Port Angeles, special provisions
are needed and shall be established and maintained. (Ord. 2668 ~8 (part),
1-17-92; Ord. 1709 ~ 1 (part), 12-22-70.)
17.91.020 Location.
A. Homes for the elderly, nursing homes, etc., shall be permitted in
zoning districts specified in this Ordinance, and by Conditional Permit from the
Planning Commission.
B. To obtain a Conditional Permit each developer of proposed
Elderly Housing shall meet the following requirements:
1. Market Analysis - Each developer shall submit a housing
market analysis which will accurately reveal the need, the supply and the
demand in the City and its environs for the type of housing which said
developer proposes.
2. Site Plan - A site plan showing location of buildings,
offstreet parking areas, recreation area, screening, driveways, fire exits and
building line setbacks shall be submitted. (Ord. 2668 ~8 (part), 1-17-92; Ord.
1709 ~ 1 (part), 12-22-70.)
17.91.030 Lot Areas. Minimum site area - 2 acres plus 500 sq.ft. for
every bed over 20. (Ord. 2668 ~8 (part), 1-17-92; Ord. 1709 ~ 1 (part),
12-22-70.)
17.91.040 Minimum Yard Requirements.
A Front: 30 feet.
B. Side: 20 feet.
C. Rear: 40 feet.
(Ord. 2668 ~8 (part), 1-17-92; Ord. 1709 ~ 1 (part), 12-22-70.)
17.91.050 Parking. One (1) space per three (3) beds. (Ord. 2668 ~8
(part), 1-17-92; Ord. 1709 ~ 1 (part), 12-22-70.)
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17.91.060 -
17.92.050
..
17.91.060 Recreation Area. Landscaped recreation area shall be
reserved for recreation purposes. (Ord. 2668 ~8 (part), 1-17-92; Ord. 1709 ~ 1
(part), 12-22-70.)
17.91.070 Screening. Permanent solid fence or evergreen screening four
(4) feet in height shall be established and maintained within three feet of the
property line as required by the Planning Commission. (Ord. 2668 ~ 8 (part),
1-17-92; Ord. 1709 ~ 1 (part), 12-22-70.)
CHAPTER 17.92
WRECKING YARDS, JUNK YARDS
Sections:
17.92.010 Location.
17.92.020 Permit Required.
17.92.030 Screening.
17.92.040 Area Requirements.
17.92.050 Offstreet Parking Requirements.
17.92.010 Location. Junk: yards, salvage yards, automobile storage or
wrecking yards may be permitted only in an Industrial District. (Ord. 2668 ~8
(part), 1-17-92; Ord. 1709 ~ 1 (part), 12-22-70.)
17.92.020 Permit Required. A permit licensing a wrecking yard in a
specified location shall be obtained from the Washington State Patrol and the
City Zoning Administrator. Fee for said permit shall be $50. (Ord. 2668 ~8
(part), 1-17-92; Ord. 1709 ~1 (part), 12-22-70.)
17.92.030 Screening. Unless otherwise specified by the Planning
Commission, a solid, site-obscuring fence seven (7) feet or more in height shall
be constructed on or within five (5) feet of the rear and side property lines and
the front yard setback line, which shall be a distance of fifty (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. 2668 ~8 (part), 1-17-92; Ord. 1709 ~ 1 (part), 12-22-70.)
17.92.040 Area Requirements. There shall be a minimum lot area of
three (3) acres for each junk: or salvage yard and each automobile storage and
wrecking yard. (Ord. 2668 ~8 (part), 1-17-92; Ord. 1709 ~ 1 (part), 12-22-70.)
17.92.050 Offstreet Parking Requirements. A minimum of ten (10)
offstreet parking spaces shall be required for each junk:, salvage, or wrecking
yard. (Ord. 2668 ~8 (part), 1-17-92; Ord. 1709 ~ 1 (part), 12-22-70.)
17-83
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..
.
17.94.010 -
17.94.020
CHAPTER 17.94
GENERAL PROVISIONS, CONDITIONS AND EXCEPTIONS
Sections:
17.94.010 Foregoing Regulations Subject to This Chapter.
17.94.020 Lot Area Not to be Reduced, Exceptions.
17.94.030 Use of Lots or Parcels Containing More Than
Minimum Required Lot Area.
17.94.040 Measurement of Front and Side Yards.
17.94.050 Irregular Shaped Lots.
17.94.060 Yard Requirements for Property Abutting Half-Streets or
Streets Designated by an Official Control.
17.94.070 Exception to Yard Requirement.
17.94.080 Yard and Open Space Regulations.
17.94.090 Vision Clearance.
17.94.100 Driveways.
17.94.110 Accessory Buildings.
17.94.120 Permitted Intrusions into Required Yards.
17.94.130 Lot Coverage Exemptions.
17.94.140 Walls, Fences, Shrubs, Hedges.
17.94.150 Storage of Merchandise, Vehicles in Yards and
Rights-of-way.
17.94.160 Official Signs.
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), 1-17-92; Ord. 2238 ~ 1, 1-3-83; Ord. 1709 ~ 1 (part), 12-22-70.)
17.94.020 Lot Area Not to be Reduced. Exceptions.
A No lot area shall be so reduced or diminished that the lot area,
lot width, yards or other open 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 offstreet
parking space under or within buildings rather than in rear, side or front yards,
the following exceptions to minimum lot areas shall be permitted:
For each 10 foot by 20 foot area to be permanently reserved and used
for a parking space under or within a building, a lot area credit of 300
square feet shall be permitted. Said lot area credit can be deducted
from the required minimum lot area, or can be used to increase 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. 2668 ~ 10 (part), 1-17-92;
Ord 2666 ~8 (part), 1-17-92; Ord. 2238 ~2, 1-3-83; Ord. 1709 ~ 1 (part),
12-22-70.) 17-84
1-92
17.94.030 -
17.94.070
~
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 (4) such units result, and
no dedication of streets, alleys, or other public ways, public easements or public
utility easements are involved, such area units may be so utilized by resorting
to the split lot procedures as prescribed in the subdivision code. When such
units are thus defined, then all of the provisions of these regulations governing
the use of a lot in the zone in which such property is located shall apply
thereto. Each resulting unit shall be required to have frontage upon a
dedicated public street or road. (Ord. 2668 ~ 10 (part), 1-17-92; Ord. 2238 ~3,
1-3-83; Ord. 1709 ~1 (part), 12-22-70.)
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), 1-17-92; Ord. 2238 ~5, 1-3-83;
Ord. 1709 ~ 1 (part), 12-22-70.)
17.94.050 Irregular Shaped Lots. The distance across the front building
line of an irregular shaped lot shall be considered to be the lot width of said
lot. (Ord. 2668 ~ 10 (part), 1-17-92; Ord. 2238 ~6, 1-3-83; Ord. 1709 ~ 1 (part),
12-22-70.)
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 which 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. (Ord. 2668 ~ 10 (part),
1-17-92; Ord. 2238 ~7, 1-3-83; Ord. 1709 ~ 1 (part), 12-22-70.)
17.94.070 Exception to Yard Requirement. When the side lot line of
a lot in any zone adjoins the side lot line of a lot in a more restrictive zone,
then the adjoining side yard for such lot shall not be less than the minimum
side yard required in the more restrictive zone. (Ord. 2668 ~ 10 (part), 1-17-92;
Ord. 2238 ~8, 1-3-83; Ord. 1709 ~ 1 (part), 12-22-70.)
17-85
1-92
.
~
17.94.080 -
17.94.120
17.94.080 Yard and Open Space Regulations. Except as provided in this
Chapter, every required yard and open space shall be open and unobstructed
from the ground to the sky. No yard or open space provided around any
building for the purpose of complying with the provisions of these Regulations
shall be considered as providing a yard or open space on an adjoining lot or
parcel whereon a building is to be erected. (Ord. 2668 ~ 10 (part), 1-17-92;
Ord. 2238 ~9, 1-3-83; Ord. 1709 ~ 1 (part), 12-22-70.)
17.94.090 Vision Clearance. In all Residential and Office Commercial
Districts all corner and reverse corner lots shall maintain, for safety vision
purposes, a triangular area within which no tree, fence, shrub, wall or other
physical obstruction shall be permitted higher than thirty (30) inches above the
established grade. Said triangular area shall be measured as follows:
A Street Intersections - At any intersection of two street rights-of-
way two sides of said triangular area shall extend twenty (20) feet along both
right-of-way lines, measured from their point of intersection.
B. Street and Alley Intersections - At any intersection of street and
alley rights-of-way two sides of said triangular area shall extend ten (10) feet
along both rights-of-way, measured from their point of intersection.
C. Street and Driveway Intersections - At any intersection of a street
right-of-way and a driveway, the sides of each required triangular area shall
extend ten (10) feet along the street right-of-way line and twenty (20) feet along
the edge of the driveway, measured from the point of intersection of each side
of the driveway and the street right-of-way line. (Ord. 2668 ~ 10 (part), 1-17-92;
Ord. 2238 ~ 10, 1-3-83; Ord. 1709 ~ 1 (part), 12-22-70.)
17.94.100 Driveways. Width, location, and number of curb-cuts for
driveways per lot shall be determined by standards designed by the City
Engineering Department. (Ord. 2668 ~ 10 (part), 1-17-92; Ord. 2238 ~ 11,
1-3-83; Ord. 1709 ~ 1 (part), 12-22-70.)
17.94.110 Accessory Buildings. Detached accessory buildings on the
rear one third of the lot only are permitted not closer than 10 feet to rear
property or alley line and three feet to the side property lines, except abutting
a street. (Ord. 2668 ~1O (part), 1-17-92; Ord. 2238 ~12, 1-3-83; Ord. 1709 ~1
(part), 12-22-70.)
17.94.120 Permitted Intrusions into Required Yards. The following
intrusions may project into any required yards:
A Fireplace structures not wider than eight (8) feet measured in the
general direction of the wall of which it is a part: thirty (30) inches.
B. Unenclosed, uncovered porches, terraces, or landings, when not
extending above the first floor of the building, may extend not more than six
(6) feet in the front, eight (8) feet in the rear and three (3) feet in the side into
any required yard, provided however, an open railing or grillwork in
conformance with the Uniform Building Code may be constructed around any
such porch, terrace or landing.
17-86
1-92
17.94.120 -
17.94.160
.
C. Planting boxes or masonry planters not exceeding thirty (30)
inches in height may extend a maximum of three (3) feet into any required
front yard.
D. Eaves with a maximum overhang of thirty (30) inches.
E. Detached accessory buildings on rear one third of lot only are
permitted not closer than three feet to side nor ten feet to rear property lines
or alleys.
F. Porches, decks, platforms, walks, driveways, etc., not more than
30 inches above grade. (Ord. 2668 ~ 10 (part), 1-17-92; Ord. 2636 ~ 15,5-15-91;
Ord. 2488 ~1 (part), 5-27-88; Ord. 2238 ~13, 1-3-83; Ord. 1709 ~1 (part),
12-22-70.)
17.94.130 Lot Coverage Exemptions. The following shall be exempt
from the maximum lot coverage requirements of any of the several zones:
A Sidewalks, driveways, and uncovered off-street parking spaces.
B. The first thirty (30) inches of eaves.
C. Uncovered swimming pools and hot tubs.
D. Uncovered and unenclosed concrete, brick, and stone patios, wood
decks and platforms not more than thirty (30) inches above grade, provided
however an open railing or grillwork in conformance with the Uniform Building
Code may be constructed above any such patio, deck or platform. (Ord.2668
~ 10 (part), 1-17-92; Ord. 2488 ~ 1 (part), 5-27-88; Ord. 2238 ~ 14, 1-3-83; Ord.
1709 ~1 (part), 12-22-70.)
17.94.140 Walls. Fences. Shrubs. Hedges. In all Residential and Office
Commercial Districts a wall, fence, shrub or hedge may be maintained to a
maximum height of six (6) feet on property not otherwise restricted. All vision
clearance requirements shall be maintained. (Ord. 2668 ~ 10 (part), 1-17-92;
Ord. 2238 ~ 15, 1-3-83; Ord. 1709 ~ 1 (part), 12-22-70.)
17.94.150 Storage of Merchandise. Vehicles in Yards and Rights-of-Way.
A In Residential and Commercial Districts, the storage of
merchandise, appliances or vehicles in front or side yards shall be prohibited;
provided, however, that car dealerships, boat sales, lumber yards, nurseries, and
car rental services shall be exempt from this requirement.
B. In no zoning district shall the storage of any articles or vehicles
be permitted to extend into public rights-of-way. (Ord. 2668 ~ 10 (part),
1-17-92; Ord. 2390 ~ 1, 5-30-86; Ord. 2238 ~ 16, 1-3-83; Ord. 1709 ~ 1 (part),
12-22-70.)
17.94.160 Official Signs. Official traffic signs, directional signs, and
warning signs erected by public authorities are hereby exempt from signage
requirements in all zones. (Ord. 2668 ~ 10 (part), 1-17-92; Ord. 1709 ~ 1 (part),
12-22-70.)
17-87
1-92
.
17.95.010 -
17.95.020
CHAPTER 17.95
SPECIAL PROVISIONS
Sections:
17.95.010 Vacated Streets.
17.95.020 Nonconforming Uses.
17.95.030 Nonconforming Building or Structure.
17.95.040 Yards to be Enclosed Within a Solid Fence.
17.95.050 Moving of Buildings.
17.95.060 Temporary Buildings.
17.95.070 Dwelling Units in Commercial Areas.
17.95.080 Breezeway.
17.95.090 Exceptions to Area Requirements.
17.95.100 Uses.
17.95.110 Non-Zoned Annexation Areas.
17.95.120 Energy Facilities Prohibited.
17.95.130 Temporary Signs.
17.95.140 Billboards.
17.95.150 Residential Density in Commercial Zone Districts.
17.95.160 Parking Space Regulations.
17.95.010 Vacated Streets. Vacated streets, alleys, places and cul-de-
sacs shall assume the zone classifications of the property which adjoined such
street, alley, place or cul-de-sac prior to vacation, and where zone classification
differs from one side to the other, then the boundary line shall be at the former
center line of such vacated street, alley, place, or cul-de-sac. (Ord. 2668 ~ 11
(part), 1-17-92; Ord. 1709 ~1 (part), 12-22-70.)
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, shall be permitted to continue but shall not be expanded.
B. Enlargement, Alteration, 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,
or reconstruction meet all zoning and building code requirements.
C. Abandonment. If any nonconforming use of land and/or building
or structure is abandoned and/or ceases for any reason whatsoever for a period
of one (1) year or more, any future use of such land and/or building or
structure shall be in conformity to the zone in which it is located as specified
by these Regulations.
D. Change in Use. A nonconforming use shall not hereafter be
changed to any other nonconforming use, regardless of the conforming or
nonconforming status of the building in which it is housed.
17-88
1-92
17.95.020 -
17.95.040
.
E. Nonconformance as a Result of Annexation. All above
regulations shall apply to each nonconforming use which comes within the City
by means of annexation, from date of annexation. (Ord. 2668 ~ 11 (part),
1-17-92; Ord. 2636 ~ 16 (part), 5-15-91; Ord. 1709 ~ 1 (part), 12-22-70.)
17.95.030 Nonconforming Building or Structure.
A. Enlargement, Alteration, Remodeling. An existing legal building
or structure that does not comply with zoning and building code requirements
shall not be enlarged, altered, or extended, if such enlargement, alteration, or
extension results in an increase in the degree of non-compliance. Structural
repairs needed to maintain the building in a safe structural condition may be
permitted.
B. Reconstruction. When a legal building or structure that does not
comply with the provisions of these regulations is damaged to an extent that
does not exceed 75% of the existing assessed value of the building or structure
for tax purposes, said building or structure may be restored, providing:
1. Reconstruction is started within nine (9) months and is
completed within 18 months of date of damage.
2. After such repair has been completed, the building can be
repaired or altered only if its use and the damaged portions conform to the
regulations of the district in which the building or structure is located.
When a legal building or structure that does not comply with the provisions of
these regulations is damaged to an extent that exceeds 75% of the existing
assessed value of the building or structure for tax purposes, said building or
structure may be repaired or reconstructed providing it conforms to all the
building code and zoning regulations of the zoning district in which it is
situated, and further providing:
1. Reconstruction is started within nine (9) months and is
completed within 18 months of date of damage.
2. After such repair has been completed, the building can be
repaired or altered only if its use and the damaged portions conform to the
regulations of the district in which the building or structure is located.
The extent of damage to a nonconforming building or structure shall be
determined by the findings of three appraisers, one to be chosen by the City,
one by the building owner, and the third by the first two appraisers. All costs
incurred in obtaining the estimates are to be paid by the building owner.
Final decisions in regard to the extent and cost of damage are to be made by
the Building Inspection Department.
C. Nonconformance as a Result of Annexation. All above
regulations shall apply to each nonconforming structure or building which
comes within the City by means of annexation. (Ord. 2668 ~ 11 (part), 1-17-92;
Ord. 2636 ~ 16 (part), 5-15-91; Ord. 1709 ~ 1 (part), 12-22-70.)
17.95.040 Yards to be Enclosed Within a Solid Fence.
A. Every wrecking, salvage, junk, and used lumber yard, equipment
and material storage yards, auction houses or second-hand stores which, after
17-89
1-92
..
"
17.95.040 -
17.95.060
the effective date of these regulations, exists as a nonconforming use shall in
the interest of public safety, within six (6) months after the same becomes a
nonconforming use, be completely enclosed within a building or within a
continuous solid fence no less than six (6) feet in height or to a greater height
if such height is needed to screen completely all the operations of such yards.
The plans of said building or fence shall have first been approved by the
Planning Commission, and said building or fence shall be maintained in full
conformity with any conditions attached to such approval.
B. New uses shall be subject to site approval of the Planning
Commission and shall be subject to any restrictions and modifications said
Commission may stipulate.
C. Noise abatement is to be enforced from 6:00 P.M. to 7:00 A.M.
Burning of items on the premises is prohibited.
D. Auction houses, second-hand barns, salvage lumber and used parts
establishments shall contain all items for display or sale within a structure or
behind a sight-obscuring fence not less than six (6) feet in height. No part of
any required front, side or rear yard shall be used for the sale or display of any
said items. (Ord. 2668 ~11 (part), 1-17-92; Ord. 1709 ~1 (part), 12-22-70.)
17.95.050 Moving of Buildings. No building preconstructed, either
partly or completely, shall be moved onto any site until such site and such
building have been approved by the Building Inspector, subject to review by the
Planning Commission. (Ord. 2668 ~ 11 (part), 1-17-92; Ord. 1709 ~ 1 (part),
12-22-70.)
17.95.060 Temporary Buildings.
A Planning Director Decision. The Planning Director may issue
permits for occupancy of temporary buildings, including mobile homes, used in
conjunction with construction or reconstruction projects, or buildings used as
real estate tract offices, for a period not to exceed one (1) year. Such
temporary buildings may be located in any zone; provided, however, sufficient
setbacks are maintained to protect the public health, safety, and welfare.
Buildings intended for a longer period of use shall conform in every respect to
all provisions of these Regulations but will be considered by the Planning
Director at a public hearing. Requests for extensions of previously approved
temporary use permits with specified time periods of authorization shall also
be considered by the Planning Director at a public hearing and may be granted
for a period of one to five years, provided that the following minimum criteria
are met:
1.
2.
circumstances.
B. Appeals
1. Any person aggrieved by the decision of the Planning
Commission or Planning Director may appeal the decision to the City Council.
2. Appeals shall be submitted to the Planning Department in
writing within fifteen (15) days following the date of the decision.
17-90
The use complies with the permit conditions.
There have been no significant adverse changes III
1-92
17.95.060 -
17.95.120
..
3. The City Council shall conduct a public hearing on the
appeal with notice being given as set forth in ~17.96.140. The Council's
decision shall be final unless appealed to Clallam County Superior Court in
accordance with ~ 17.96.150. (Ord. 2668 ~ 11 (part), 1-17-92; Ord. 2595 ~9,
6-27-90; Ord. 2334 ~2, 4-10-85; Ord. 1709 ~ 1 (part), 12-22-70.)
17.95.070 Dwelling Units in Commercial Areas. Dwelling units that are
permitted in Commercial Districts shall be situated in apartment buildings and
motels. No one-family or two-family buildings shall be permitted in any
Commercial District except in the Office Commercial District (OC). Dwelling
units situated above commercial structures shall meet yard and height
requirements of said commercial structures. Offstreet parking spaces to be
provided shall be the total commercial and residential requirements for said
zoning lot. (Ord. 2668 ~ 11 (part), 1-17-92; Ord. 2666 ~9, 1-17-92; Ord. 1709
~ 1 (part), 12-22-70.)
17.95.080 Breezeway. If an accessory building is connected to a
principal building by a breezeway the accessory building shall not be considered
an extension of and a part of the principal building. (Ord. 2668 ~ 11 (part),
1-17-92; Ord. 1709 ~ 1 (part), 12-22-70.)
17.95.090 Exceptions to Area Requirements. For the purpose of
encouraging the construction of offstreet parking space under or within a
building rather than in rear, side, or front yards, the following exceptions to
minimum lot areas shall be permitted.
For each 10 foot by 20 foot area to be permanently reserved and used
for a parking space under or within a building, a lot area credit of 300
square feet shall be permitted. Said lot area credit can be deducted
from the required minimum lot area, or can be used to increase a
proportional number of permitted dwelling units in motels and multi-
family structures. (Ord. 2668 ~ 11 (part), 1-17-92; Ord. 1709 ~ 1 (part),
12-22-70.)
17.95.100 Uses. Any uses not expressly permitted are to be reviewed
by the Planning Commission for approval or denial in light of the zoning
intentions, for each application. (Ord. 2668 ~ 11 (part), 1-17-92; Ord. 1709 ~ 1
(part), 12-22-70.)
17.95.110 Non-Zoned Annexation Areas. If any area not previously
zoned is annexed to the City, it shall automatically on annexation be classified
and subject to the provisions, restrictions, and requirements of the RS-9
Residential Single-Family District. (Ord. 2668 ~ 11 (part), 1-17-92; Ord. 1709
~ 1 (part), 12-22-70.)
17.95.120 Energy Facilities Prohibited. Petroleum refineries, liquefied
natural gas and liquefied petroleum gas facilities, energy facilities, energy plants
and their associated facilities and associated transmission facilities, all as
17-91
1-92
.
,
17.95.120 -
17.95.160
defined by Chapter 80.50 RCW, are expressly prohibited uses in all zoning
classifications. (Ord. 2668 ~ 11 (part), 1-17-92; Ord. 2231 ~ 1, 10-3-82.)
17.95.130 Temporary Signs. Activities located in commercial districts
may install temporary signs to advertise a grand opening or social non-profit
organizational event. The temporary sign(s) shall not exceed twenty-five (25)
square feet in sign area and shall maintain the required minimum setbacks and
height limitations of the underlying zoning district. Temporary sign(s) shall be
removed no later than thirty (30) days from placement and social non-profit
organizations shall remove sign(s) placed no later than sixty (60) days following
placement, or be subject to Zoning Code enforcement action. (Ord. 2668 ~ 11
(part), 1-17-92; Ord. 2636 ~ 17, 5-15-91.)
17.95.140 Billboards. For the purpose of interpretation and
enforcement of this Zoning Code, billboards shall be limited to only
commercial, industrial, or manufacturing zoning districts. Billboards shall be
prohibited in all other zoning districts. Where permitted, a billboard shall not
be constructed closer than 20 feet to any property line. (Ord. 2668 ~ 11 (part)
1-17-92; Ord. 2666 ~1O (part), 1-17-92; Ord. 1709 ~1 (part), 12-22-70.)
17.95.150 Residential Density in Commercial Zone Districts.
Residential density for commercial zone districts which permit multi-family
residential shall not exceed the maximum densities as set forth in the
Residential Multi-Family (RMF) District, unless a density bonus is granted
through the PRD process, or unless as may be otherwise designated in the
individual commercial zoning districts. (Ord. 2668 ~ 11 (part), 1-17-92; Ord.
2666 ~ 10 (part), 1-17-92; Ord. 1709 ~ 1 (part), 12-22-70.)
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),
1-17-92; Ord. 2666 ~ 10 (part), 1-17-92; Ord. 1709 ~ 1 (part), 12-22-70.)
17-92
1-92
17.96.010 -
17.96.020
.
~ ..
CHAPTER 17.96
ADMINISTRATION AND ENFORCEMENT
Sections:
17.96.010 Scope of Regulations.
17.96.020 Interpretation
17.96.030 Rules for Interpreting Zoning Boundaries.
17.96.040 Substandard Lots, Recorded Lots.
17.96.050 Conditional Use Permit.
17.96.060 Variances and Decisions of Building Inspector.
17.96.070 Hearing and Appeal of Conditional Use
Applications.
17.96.080 Filing Fees.
17.96.090 Zoning Initiation by the Planning Commission.
17.96.100 Amendments.
17.96.110 Subdividing and Platting.
17.96.120 Enforcement.
17.96.130 Entry Upon Private Property.
17.96.140 Notice of Public Hearings.
17.96.150 Appeals.
17.96.160 Code Revisor.
17.96.170 Zoning Code Amendment.
17.96.180 Penalties.
17.96.010 Scope of Regulations.
A. All buildings erected hereafter, all uses of land or buildings
established hereafter, all structural alteration or relocation of existing buildings
occurring hereafter, all enlargements of or additions to existing uses occurring
hereafter, shall be subject to these Zoning Regulations which are applicable to
the zoning districts 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. (Ord. 2668 ~ 12 (part), 1-17-92;
Ord. 1709 ~1 (part), 12-22-70.)
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.
17-93
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.
..
17.96.020 -
17.96.030
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 which are
most restrictive (or which 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 which was not lawfully existing at
the time of the adoption of these Zoning Regulation 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. 2668 ~ 12 (part), 1-17-92; Ord. 1709 ~ 1 (part),
12-22-70.)
17.96.030 Rules for Interpreting Zoning Boundaries
A. When uncertainty exists as to the boundaries of zones as indicated
on the Official Zoning Map, the following rules shall apply:
1. Boundaries shown on the Zoning Map as approximately
following the center line of streets, alleys, highways or City limits shall be
construed as following such center lines and City limits.
2. Distances not specifically indicated on the Zoning Map
shall be determined by applying the scale of the Map.
3. Where a zone boundary line parallel, or approximately
parallel, to a street divides a lot or property in single ownership having street
frontage in a less restrictive zone, the provisions applicable to the less
restrictive zone may be extended to the entire lot, but in no case for a distance
of more than twenty-five (25) feet. Where such zone boundary line divides a
lot having street frontage only in a more restrictive zone, the provisions of
these Regulations covering the more restrictive portion of such lot shall extend
to the entire lot.
4. Where a zone boundary line divides a lot of single
ownership and such line is at right angles or approximately at right angles to
the street, highway or place upon which said lot fronts, the provisions of these
Regulations applicable in the less restrictively zoned portion of the lot may be
extended to the entire lot or for a distance of twenty-five (25) feet from such
zone boundary line, whichever is the lesser distance.
5. Where a zone boundary line, as indicated on the Zoning
Map, follows the top or bottom of a bluff or bank, such line shall be at the
point which is the average grade of the slope for the bank and top, or bottom,
as determined by the City Engineer. (Ord. 2668 ~ 12 (part), 1-17-92; Ord. 1709
~1 (part), 12-22-70.)
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17.96.040 -
17.96.070
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17.96.040 Substandard Lots. Recorded Lots.
A. When a lot has less than the minimum required area, width or
depth in any zoning district, and said lot was of record on the effective date of
these Zoning Regulations, such lot shall be deemed to have complied with the
minimum required lot area, width, or depth in such zoning district.
B. A legal building or structure may be permitted on said lot of
record providing it meets all front, side, and rear yard requirements. (Ord.
2668 ~ 12 (part), 1-17-92; Ord. 2238 ~ 17, 1-3-83; Ord. 1709 ~ 1 (part), 12-22-70.)
17.96.050 Conditional Use Permit
A The Planning Commission shall consider all applications for
Conditional Use Permits and may grant said permits for such uses as by these
regulations are required to be reviewed and which can be permitted only upon
the granting of a Conditional Use Permit. The Planning Commission may
refuse to issue a Conditional Use Permit if the characteristics of the intended
use as related to the specific proposed site are such as would defeat the
purpose of these Zoning Regulations by introducing incompatible, detrimental,
or hazardous conditions.
B. In each application the Planning Commission may impose
whatever restrictions or conditions it considers 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. (Ord. 2668 ~ 12 (part), 1-17-92; Ord. 1709 ~ 1
(part), 12-22-70.)
17.96.060 Variances and Decisions of Building Official. All requests for
variances and appeals from decisions of the Building Official shall be handled
by the Board of Adjustment in accordance with its powers and rules. (Ord.
2668 ~12 (part), 1-17-92; Ord. 1798 ~1, 8-15-73; Ord. 1709 ~1 (part), 12-22-70.)
17.96.070 Hearing and Appeal of Conditional Use Applications.
A Notice and Hearing for Conditional Use Permits. Upon filing an
application for a Conditional Use Permit in which the application sets forth
fully the grounds for, and the facts deemed to justify, the granting of the
Conditional Use Permit, the Planning Commission shall give public notice, as
provided in ~ 17.96.140, of the intention to consider at a public hearing the
granting of the Conditional Use Permit; provided, however, that Conditional
Use Permits for bed and breakfasts, home occupations, and retail stands shall
be considered by the Planning Director in accordance with Chapters 17.18,
17.86, and 17.87. The Planning Commission's decision shall be final unless
appealed to the City Council.
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17.96.070 -
17.96.080
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B. Decisions. Conditional Use Permit decisions by the Planning
Commission, Planning Director, and City Council 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. The IS-day appeal period shall commence upon such adoption.
On the next business day following the effective date of the decision, the
Planning Department shall mail copies of the decision, findings and conclusions
to the applicant and anyone else who has in writing requested such notification.
C. Appeals.
1. Any person aggrieved by the decision of the Planning
Commission or Planning Director may appeal the decision to the City Council.
2. Appeals shall be submitted to the Planning Department in
writing within fifteen (15) days following the date of the decision.
3. The City Council shall conduct a public hearing on the
appeal with notice being given as set forth in ~ 17.96.140. The Council's
decision shall be final unless appealed to Clallam County Superior Court in
accordance with ~ 17.96.150.
D. Requests for Exceptions. All applications for exceptions from
these Zoning Regulations shall contain all basic information, along with other
pertinent facts, maps, and data required by the Planning Commission.
E. Permits Void After One Year. All Conditional Use Permits shall
become void one year from the date of granting such permits if use of the land
or buildings has not taken place in accordance with the provisions in granting
said requests.
F. Extensions of Approved Conditional Uses. Extensions of those
previously approved conditional uses that have specified time periods of
authorization shall be considered in accordance with the same procedures and
by the same entity 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.
2.
circumstances.
Upon written request for an extension submitted to the Planning
Department prior to the expiration of the conditional use permit, said
conditional use permit shall be automatically extended for ninety days to allow
the City adequate time to review the extension request. (Ord. 2668 ~ 12 (part),
1-17-92; Ord. 2636 ~ 18 (part), 5-15-91; Ord. 2595 ~ 1, 6-27-90; Ord. 2503 ~ 1,
7-27-88; Ord. 2334 ~3, 4-10-85; Ord. 1798 ~2, 8-15-73; Ord. 1709 ~1 (part),
12-22-70.)
The use complies with the permit conditions.
There have been no significant, adverse changes III
17.96.080 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 set by Resolution of the City
Council, and may be amended or changed by Resolution from time to time, or
as necessary. (Ord. 2668 ~12 (part), 1-17-92; Ord. 2143 ~1, 5-31-81; Ord. 1798
~3, 8-15-73; Ord. 1709 ~ 1 (part), 12-22-70.)
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17.96.090 -
17.96.120
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II .
17.96.090 Zoning Initiation by the Planning Commission. On its own
action, or if requested by the Council, the Planning Commission shall cause to
be prepared official controls which, when adopted by ordinance by the Council,
will further the objectives and goals of the Comprehensive Plan. The Planning
Commission may also draft such regulations, programs and legislation which,
in its judgment, are required to preserve the integrity of the Comprehensive
Plan and assure its systematic execution, and the Planning Commission may
recommend such plans, regulations, programs and legislation to the Council for
adoption. (Ord. 2668 ~ 12 (part), Ord. 1709 ~ 1 (part), 12-22-70.)
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 zoning districts herein
described, and to avoid any isolated spot zoning changes in the Zoning Map.
B. Any amendments adopted by the 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 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 any amendment or change in the boundaries of any of the districts in
these regulations, on its own action. (Ord. 2668 ~ 12 (part), 1-17-92; Ord. 1709
~ 1 (part), 12-22-70.)
17.96.110 Subdividing and Platting. The City Council shall review all
proposed land plats and subdivisions and shall have the power to approve or
deny said plats and to require any modifications necessary to assure
conformance to the general purposes of the Comprehensive Plan, and to
standards, specifications, and regulations established by State law, by City of
Port Angeles Subdivision Regulations (Ch. 16.08 P AMC), and by this Title.
(Ord. 2668 ~ 12 (part), 1-17-92; Ord. 1709 ~ 1 (part), 12-22-70.)
17.96.120 Enforcement.
A It shall be the duty of the Planning Director to enforce all
provisions of this Ordinance. No oversight or dereliction on the part of the
Planning Director 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
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17.96.120 -
17.96.140
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 it shall be the duty of the City
Attorney 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. 2668 ~12 (part), 1-17-92; Ord. 2636 ~14, 5-15-91; Ord. 1709 ~1 (part),
12-22-70.)
17.96.130 Entry Upon Private Property. The Building Official, members
of the 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. 2668 ~ 12
(part), 1-17-92; Ord. 1709 ~ 1 (part), 12-22-70.)
17.96.140 Notice of Public Hearings. Notice of public hearings required
pursuant to this Title shall be given as follows:
A. At least ten (10) days prior to the date of the public hearing, the
Planning Department 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 ten (10) 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 Planning
Department or in such other form as the Planning Department may direct.
The applicant shall file with the Planning 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 ten (10) days prior to the date of the public
hearing, the Planning 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 Planning Department
with mailing labels for each such property owner. (Ord. 2668 ~ 12 (part),
1-17-92; Ord. 2636 ~18 (part), 5-15-91; Ord. 2595 ~2, 6-27-90; Ord. 1709 ~1
(part), 12-22-70.)
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17.96.150 -
17.96.180
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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 fifteen (15) days of such final decision or be barred. (Ord. 2668 ~ 12
(part), 1-17-92; Ord. 2595 ~3, 6-27-90.)
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), 1-17-92; Ord. 2636
~ 19 (part), 5-15-91.)
17.96.170 Zoning Code Amendment.
A. Application. Any person wishing to apply for an amendment to
this Zoning Ordinance shall submit a completed application and a $150 filing
fee to the Planning Department, together with any necessary application and
fees necessary to comply with the requirements of the State Environmental
Policy Act (SEPA) Chapter 43.21C RCW. (Ord. 2668 ~ 12 (part), 1-17-92; Ord.
2636 ~ 19 (part), 5-15-91.)
17.96.180 Penalties. Any person, firm, or corporation violating any
provisions of this Title shall be guilty of a misdemeanor, and upon conviction
thereof shall be punishable by a fine of not more than $500 or by imprisonment
for a term not to exceed six months, or by both fine and imprisonment. Such
person, firm, or corporation shall be deemed guilty of a separate offense for
each and every day during any portion of which any violation of this Title is
committed, continued, or permitted by such person, firm, or corporation, and
shall be punishable as herein provided. (Ord. 2668 ~ 12, 1-17-92; Ord. 1709 ~ 1
(part), 12-22-70.)
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