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HomeMy WebLinkAbout1167ORDINANCE NO. 1167 AN ORDINANCE to regulate and restrict the location and use of buildings and the uses of land within the City of Port Angeles; to limit the height of buildings; to prescribe building lines and the size of yards; and for these purposes to divide the City in- to districts; providing penalties and repealing any ordinances in conflict herewith. THE CITY COMMISSION OF THE CITX OF PORT ANGELES DOES OR- DAIN AS FOLLOWS: Section l.• This ordinance shall be known as the Zoning Ordinance of the City of Port Angeles; Washington. (mot rr '*r F /.w? 4i /5-74z.„ /SS1 Section2. This ordinance shall consist of the text here- of and in addition that certain map - identified by theapproving sig- natures of the,Mayor and City Clerk now on.file in the office of the City Clerk of_this City. Said.map has heretofore been examined • by the City Commission and is hereby adopted as a part of this or- dinance, together with all notations, references, districts, sym- bols and legends shown thereon. This ordinance and each and all of its terms, is to be read and interpreted in the light of said r mapand if any conflict between the map and -the,text of this ordi- nance is deemed to arise, the text of.the ordinance shall prevail. Section 3. There is hereby created in -the City 'of Port Angeles five separate types of use districts as.outlined on the zone map and described.as follows: a. First residence district. ' b. Second residence district. c: First business district. d. - Second business district. e. Manufacturing district. ti t • Except as hereinafter provided, no buildings or premises shall be erected, altered, repaired, maintained, or used for any purpose other than that permitted in the use district in which said build- ings or premises are located. Section 4. FIRST RESIDENCE DISTRICT. a. Allowed Uses. In the use district known as First Residence District, there may be erected, altered, repaired and maintained, the following described buildings and structures, and the following uses, and no others: 1. Single family dwellings or duplex to accommo- date two families in one unit and under one roof, without without such other accessory buildings as are appropriate to such build- ings, including private garages for motor vehicles, but such accessory buildings shall not include a business or industry, nor the repairing or servicing of motor vehicles. 2. Churches. 3. Public and private schools, when conducting regular classes. 4. Publicly owned and operated libraries, parks, playgrounds, fire stations, community buildings, non- commercial recreational uses. 5. Agriculture, when conducted exclusively for the use of the persons maintaining the same. 6. The occupants of the buildings allowed in the First Residence District may engage in carrying on such professions as are ordinarily carried on in the home, includin7 the home office of physicians, surgeons or dentists. Signs indicating such use and occupancy are permitted, providing they do not exceed two square feet in area and bear only the name and occupation of the occupant. Signs advertising for sale or lease the property on which - 2- they are located, but for no other purpose, may be erected and maintained. Height: No building hereafter erected or structurally altered shall exceed thirty -five feet or two and one -half stories in height. Area Regulations: There shall be a side yard on each side of the building of not less than seven feet in width; and, provided further, that accessory buildings, when located on the rear one -third of the lot, may be built to the lot line. Setback: There shall be a setback of not less than twenty -five feet from the property line: Provided, however, that where lots comprising twenty -five per cent. or more of the frontage of any block are developed with buildings having a predominant set- back, no building hereafter erected or structurally altered shall project beyond the predominant setback line so established. Density of Population: There shall be a lot area of not less than seven thousand square feet per building erected•for family use. b. Prohibited Uses. 1. Shack buildings. The erection, alteration, re- pair or maintenance of a temporary or shack building for residential purposes or other purposes is prohibited, except that the erection of temporary buildings for industry incidental to the development of a residence property will be permitted for a period of not to exceed six months. 2. Gardening and fruit raising. Nothing in this Section shall be construed to prohibit the use of vacant property for gardening or fruit raising, for private and not commercial purposes. 3. Sign posts. The erection and maintenance of sign posts and billboards and all signs except those specifically covered in Sub- paragraph 6, Paragraph a, Sec. 4, is prohibited. e Section 5. SECOND RESIDENCE DISTRICT. a. Allowed Uses. In the Second Residence District there may be erected, altered, repaired or maintained the following structures, buildings, occupancies and uses, and no others: 1. Any use permitted in the First Residence District 2. Apartment houses. 3. Boarding and lodging houses. h.. Hotels. 5. Hospitals and clinics. 6. Private clubs, fraternities and lodges. 7. Mortuarys. Height: No building hereafter erected or struc- turally altered shall exceed thirty -five feet or two and one -half stories in height. Area Regulations: There shall be a side yard on each side of the building of not less than five feet in width; and, provided further, that accessory buildings, when located on the rear one -third of the lot; may be built to the lot line. Density of Population: Where duplex or two houses per lot are built, an area of thirty -five hundred square feet per family shall be maintained: Where arrangements are made to house more than one family per lot, provision for parking at least one tl car per family shall be provided. Section 6. FIRST BUSINESS DISTRICT. a. Allowed Uses. In the district known as First Busi- ness District, there may be erected, altered, repaired and main- tained all of the residential buildings and uses allowed in the First and Second Residence Districts; Provided, that there shall not be erected more than one structure for residence purposes on an area of less than seven thousand square feet. In addition thereto, there shall be permitted buildings used for general assemblage, for -4- • • public uses and for the general public purposes and uses set forth in the following list, No. 1 -15 inclusive, only, and no other uses. 1. Stores, wholesale and retail. 2. Offices, business and professional. 3. Banks. 4. Restaurants. 5. Service stations and parking lots. 6. Police and fire stations. 7. Printing establishments. 3. Telephone and telegraph offices and exchange. 9. Theaters, dance halls, skating rinks and other commercial amusement places, subject to provision of City Ordinances. 10. Retail trade or shops for custom work for the making of articles to be sold at retail on the premises. 11. Sales rooms and store rooms for motor ve- hicles. 12. Garages, with or without repair shops. 13. Hand laundries, clothes cleaning and pressing establishments. 14. Manufacturing, only, however, clearly inci- dental to a retail business lawfully conducted on the premises. 15. Armory. b. Prohibited Uses: 1. Junk yards, car wrecking lots, trailer camps. Section 7. SECOND OR OUTLYING BUSINESS DISTRICT. a. Allowed Uses: In the district known as the Second or Outlying Business District, there may be erected, altered, repaired -5- • • a and maintained, all of the buildings included in the provisions of the First and Second Residence Districts and First Business Dis- trict, and in addition thereto, the following: 1. Tourist cabin camps. 2. Autels. 3. Coal, fuel or lumber yards, when housed. 4. Contractors' storage, when housed. 5. Material yards, when housed. 6. Bottling works. 7. Creameries. 8. Laundries. Section S. MANUFACTURING DISTRICT- S. Allowed Uses. In the manufacturing district, all buildings and premises may be used for any purpose permitted in the First and Second Residence Districts and First and Second Busi- ness Districts, or for any other lawful purpose not prohibited by ordinance of the City of Port Angeles and the statutes of the State of Washington. Section 9. BOUNDARIES OF THE DISTRICTS. a. It is the purpose of this ordinance to have all boundaries of districts follow streets and alleys, or where neces- sary, to follow lot lines. Where uncertainty exists regarding the boundaries of the districts shown on the zoning map, it is under- stood that the boundary is to follow either a street, alley or lot line, as shown on the said map. Where the property transversed by a district line has not been subdivided into lots and blocks, the boundary shall be understood to be parallel to street lines and at a designated distance therefrom, unless said line is otherwise definitely located. -6- • • Section 10. SETBACK ON FIFTH STREET: Notwithstanding any provisions of this ordinance regarding the location of buildings, no building shall be constructed nearer than six (6) feet from the property line bordering on Fifth Street as now established. Section 11. LOCAL OPTION REGULATIONS: In the portions of the City of Port Angeles designated as First Residence District there may be erected, altered, repaired emd maintained apartment houses when authorized by the City Com- mission under the following procedure: Any person or persons desiring to devote such property to such a use shall first submit to the City Commission an applica- tion for that purpose, setting forth the following information: 1. A description of the property and building or improvement contemplated. 2.. Plans and specifications of the Proposed building. 3. The names and addresses of all owners of property within a radius of four hundred (400) feet from the property in question. 4. A list of all parcels of property within a radius of Four hundred (400) feet of the property in question with the description assigned to the same on the assessment and tax rolls of Clallam County. ;There the property or building in question is in a district adjacent to another district of less restrictive character the four hundred (400) feet radius shall include no property in such adjacent district. -7- The City Commission shall, upon the filing of said application, notify the owners of the property within the four hundred (400) feet radius of the contemplated use of the premises or building by letter addressed to them at their last known address, with postage prepaid, and if within twenty (20) days from the mail- ing of such notice the owner or owners of more than forty per cent. (40f) of such property, calculated according to area, protest against such proposed use of the property or building in question, the ap- plication shall be denied and such use shall be declared by the City Commission to be unlawful. If protest is made by owners of less than forty per cent. (40'0) in area of property within the four hundred (400) feet radius, then the City Commission may issue a permit and such use shall be declared lawful; Provided, however, that no non- conforming property devoted to a similar use to that to which the property in question is sought to be devoted under the terms of this section,shall be heard to protest against such proposed use, nor shall property so devoted to a non - conforming use be taken in- to consideration in calculating the area above described. Section 12. EXISTING BUILDINGS AND NON- CONIOPMING USES. Whenever any property or existing building, at the time of the passage of this ordinance, is being devoted to a use which is legal prior to the passage of this ordinance, such use may con- tinue even though the same be not in conformity to the regulations of this ordinance. If, however, the use of buildings or premises shall be changed subsequent to the passage of this ordinance, such change shall be to a use conforming to the regulations herein set forth, and after such change the building or premises shall not again thereafter be devoted to the original or to any nonconform- ing use. When a building which is devoted to a non - conforming use is damaged by fire or by any cause so that the total deterioration exceeds eighty per cent. (8O %) of the cost of replacing the build- ing, using new materials, then such building shall not be rebuilt -8- • unless its construction and use conforms in all respects to the requirements of this ordinance and all other ordinances of this City as applied to buildings and uses in the district in which it is located. No premises or building devoted to a non-conforming use shall be enlarged, remodeled or altered unless such enlargement, remodeling or alteration• has the approval of the City Commission. Any building sought to be repaired or restored, after being damaged by fire, shall be so restored and repaired within six months in order to be entitled to the provisions of this section. (./•r:- .r.s�`.�.. /5.23 Sect 13. GENERAL PROVISIONS.., a. Non -zoned Portions of the City. Districts not now zoned in this proposed ordinance are hereby confirmed in their right to petition the City Commission to include said districts in the zoning plan. b. Interpretation. The City Commission may, in 1 specific cases where lots are of irregular size or shape and where the topography of the premises prevents the carrying out of the provisions of this ordinance regarding the placing of buildings, setbacks, etc., grant special permission to locate buildings con - trary to these specific provisions of the ordinance,,providing such special provision is in harmony with the general purpose and intent of the ordinance. No such violation in the granting of permits shall be allowed except upon the unanimous vote of the Commission. Section 14. ENFORCEMENT. a. Building permits. It shall be the duty of the City Engineer to see that all building permits shall comply with the terms and conditions of the ordinance, and all applications for permits shall be, accompanied by a plat drawn to scale showing the actual dimensions of the lot to be built upon, the size, use and location of existing buildings and buildings to be erected, such -9- • other information as may be necessary to provide for the enforce- ment of this ordinance. b. Violation and Penalties. Any person, firm or cor- poration who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and shall be fined in any sum not more than Fifty (,50.00) Dollars or im- prisoned in the city jail for a term of not exceeding thirty (30) days, for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. Section 15. That Ordinance No. 911 and Ordinance No. 9S7 of the City of Port Angeles are hereby repealed. Passed first reading by the City Commission this 17th day of July, 1946. Passed second reading by the City Commission this 24th day of July, 1946. Passed third reading and finally passed and adopted this 30th day of Lit , 1947. „Approved and signed by the Mayor this . 50th day of April 197• —; ATTEST (/CITY CLERK • . r. f lips FORM: @M A1. CITY ATTORNE DESCRIPTION APPROVED: CITY ENG'i EER. Published May 9 ,194 7. -10- IIYOR.