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HomeMy WebLinkAbout1500ORDINANCE NO. 1500 AN ORDINANCE of the City of Port Angeles, Washington, pro- viding for the improvement of a certain area within the City by the construction and installation of sanitary trunk sewers, sanitary lateral sewers and sanitary sub - sewers therein, including manholes, lamp holes and Wyes where needed, and by doing all other work necessary in connection with such improvement, all pursuant to Improvement Resolution No. 185 of the City passed and approved December 6, 1962, creating a local improve- ment district therefor, providing for the payment for said improvements by special assessments upon the prop- erty in said district, providing for the creation of certain funds and for the issuance and sale of local improvement district warrants. WHEREAS, on December 6, 1962, the Council of the City of Port Angeles, Washington, adopted its Improvement Resolution No. 185, declaring its intention to improve a certain area within the City by the construction and installation of sanitary trunk sewers, sanitary lateral sewers and sanitary sub- sewers therein, including ,manholes, lamp holes and Wyes where needed, and to do all work .necessary in connection therewith; and WHEREAS, said resolution was duly published in the manner required by law, and notice of said hearing was also duly given as required by law; and WHEREAS, said hearing was held on January 3, 1963, as pro- vided in said notice, any protests against the creation of said proposed local improvement district were considered, and after discussion of said improvements and due consideration thereof the Council determined that all of the area described in Section 2 of Improvement Resolution No. 185 would be benefited by the construc- tion of such trunk sewers, sanitary lateral sewers and sanitary sub - sewers therein, including manholes, lamp holes and Wyes where needed; and WHEREAS, the Council has determined to order the construc- tion and installation of the improvements described in said reso- • • lution and to create a local improvement district therefor, as hereinafter more particularly described; now, therefore, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PORT ANGELES, WASHINGTON as follows: Section 1. The following described trunk and lateral sanitary sewers for the improvement of the area described in Sec- tion 2 hereof, together with all necessary appurtenances thereto and work necessary in connection therewith, shall be constructed and installed: Trunk Sewers An 8" trunk sanitary sewer in "H" Street from the exist - ing manhole on "H" Street at the alley between Eighth and Ninth Streets to Ninth Street. An 8" trunk sewer in Ninth Street from "H" Street to "I" Street. An 8" trunk sanitary sewer in "I" Street from Ninth to the alley between Ninth and Tenth Streets. Lateral Sewers An 8" lateral sanitary sewer in "I" Street from the alley between Ninth and Tenth Streets to Twelfth Street. An 8" lateral sanitary sewer in the alley between Tenth and Eleventh Streets from "I" Street to "G" Street. A 6" lateral sanitary sewer in Eleventh Street between "I" and "H" Streets. A 6" lateral sanitary sewer in the alley between Eleventh and Twelfth Streets from "I" Street to "H" Street. A 6" lateral sanitary sewer on Twelfth Street East a distance of 283 feet. Section 2. The property to be specially benefited by the foregoing sanitary sewer improvements shall include all the prop- erty within the City lying within the following described area: Beginning at a point which is on the Northerly margin of the alley between Eighth and Ninth Streets and the Westerly margin of "I" Street; thence Southerly along the Westerly margin of "I" Street to the Northerly margin of the alley between Twelfth and Thirteenth Streets; thence Easterly along the Northerly margin of said alley to the line between Lots 4 and 5, Block 365, Townsite; thence Northerly along said line between Lots 4 and 5 to the Northerly margin of Twelfth Street; thence Easterly along the Northerly margin of Twelfth • Street to the Westerly margin of "H" Street; thence Northerly along the Westerly margin of "H" Street to the Northerly margin of Eleventh Street; thence Easterly along the Northerly margin of Eleventh Street to the Westerly margin of "G" Street; thence Northerly along the Westerly margin of "G" Street to the Southerly margin of Ninth Street; thence Westerly along the Southerly margin of Ninth Street to the Easterly margin of "H" Street; thence Northerly along the Easterly margin of "H" Street to the Northerly margin of the alley between Eighth and Ninth Streets; thence Westerly along said Northerly alley margin to the Westerly margin of "I" Street, the point of beginning. Section 3. The plans and specifications for the improve- ments described in Section 1 above as prepared by the City Engineer and now on file, are hereby adopted and approved. Section 4. There is hereby established a local improvement district of the City, to be known as "Local Improvement District No. 185 ", which said district shall include all the property des- cribed in Section 2 above. Section 5. The entire cost of the improvements described in Section 1 above shall be borne by and assessed against the property within the enlarged area described in Section 2 above. The nature of the improvements to be constructed and in- stalled pursuant to this ordinance is such that the special bene- fits conferred on the property within this local improvement dis- trict are not in all cases fairly reflected by the use of the zone and termini method of computing assessments, and assessments shall in such cases be made against such property in accordance with the special benefits it will derive from the improvement, without regard to the zone and termini method. Approximately 90% of such cost shall be charged to the property lying between the termini of the proposed improvements and extending back from the marginal lines thereof to the middle of the block, or at least 90 feet back, which shall represent the cost of such lateral. sewers and necessary appurtenances and that portion of the cost of such trunk sewers that would represent the 1 reasonable cost of local sewers and necessary appurtenances suited to the requirements of the property lying between the termini and abutting upon such trunk sewers. Approximately 10% of such cost, representing the remainder of the cost and expense of such im- provements and necessary appurtenances shall be distributed over and against all the rest of the property within the boundaries of the district. The City of Port Angeles will not be liable in any manner for any portion of the cost and expense of the improvements to be I constructed in this local improvement district. Section 6. There is hereby created a fund of the City to be known as "Local Improvement District No. 185 Fund" into which fund there shall be paid all of the assessments collected in said district as and when directed by the ordinance confirming said assessments and the assessment roll therefor. Said Fund shall be used solely for the purpose of payment of warrants to be issued in payment of the cost and expense of said improvements as herein- after provided. Interim warrants bearing interest at a rate of not to exceed 4 3/4% per annum shall be drawn on said Fund based upon estimates of the City Engineer and sold by the City to pro- vide funds for the payment of the costs of construction and in- stallation of said improvements and costs incidental thereto as same shall be incurred. Warrants of said local improvement dis- 1trict in denominations of $100.00 each, except for Warrant No. 1 the denomination of which shall be hereafter provided by resolu- tion of the City Council, bearing interest at a rate of not to ex- ceed 4 3/4% per annum and payable on or before twelve years from date of issue shall be issued to obtain funds for the redemption of said interim warrants and shall be payable both principal and interest by the collection of special assessments to be levied and i1assessed upon the property within the district, payable in ten equal annual installments with interest at a rate of not to ex- ceed 4 3/4% per annum, all as provided by law and ordinances of the City. Section 7. There is hereby also created a fund of the City to be known as "Local Improvement District No. 185 Construc- I tion Fund ". All monies received from the sale of warrants drawn on the Local Improvement District No. 185 Fund shall be placed in said Local Improvement District No. 185 Construction Fund and ' shall be used solely for the purpose of paying all of the costs of construction and installation of the improvements authorized in said local improvement district, including all costs and ex- penses incidental thereto. Any monies remaining in said Construc- tion Fund after payment of all costs of said distric t shall be transferred and paid into the Local Improvement District No. 185 1 Fund. Section 8. This ordinance shall become effective five days from and after its passage, approval and publication. PASSED by the Council of the City of Port Angeles, Washing- ton, and approved by its Mayor at a regular meeting of said Council . held this 3rd day of January, 1963. Mayor Attest: GS City Clerk Approved as to form: Published: JAA/1.)4 /y /o. /96 -3 t',)(/-/ /g/ ZONLP<G REGULATIONS PORT ANGELES of r- rice Not t e taken from thi Article Section I II III IV TABLE OF CONTENTS Title Page Purpose and Scope 1 Rules and Definitions 3 Establishing Mapped Zones & Regulations 12 Classifications 1 RS -9 Residential Single Family District 13 2 RS -7 Residential Single Family District 16 3 RMF Residential Multi-Family District 17 4 RTP Residential Trailer Park District 18 5 RB Residential Buffer District 23 6 CSD -N Neighborhood Shopping District 25 7 CSD -C Community Shopping Districts 27 CSD -C1 & CSD -C2 8 CAD Commercial Arterial District 29 9 CBD Central Business District 31 10 PSC Planned Shopping Center District 33 11 M -1 Industrial Park District 40 12 M -2 Industrial District 42 13 PBP Public Buildings - Park District 44 V Parking Space Regulations 45 VI Homes for the Elderly, Nursing Homes 46 VII Wrecking Yards, Junk Yards 48 VIII Signs, Billboards 49 IX General Provisions, Conditions and Exceptions 50 X Special Provisions 54 XI Administration and Enforcement 58 XII Separability 65 XIII Violations and Penalties 65 XIV Effective Date 66 ARTICLE I PURPOSE AND SCOPE This comprehensive Ordinance is adopted for the following purposes: 1. To divide the city into zones and districts restricting and regulating therein the location, construction, recon- struction, alteration and use of buildings, structures and land for residential, business, commercial,manufac- turing, public and other specified uses. 2. 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. 3. To regulate the intensity of use of lots and parcels of land, and to determine the area of open spaces surround- ing buildings necessary to provide adequate light, air, privacy and access to property. 4. To limit congestion in the public streets and to protect the public health, safety, convenience and general welfare by providing for offstreet parking of motor vehicles and for the loading and unloading of commercial vehicles. 5. To establish building lines and the location of buildings designed for residential, commercial, manufacturing or other uses within such lines. 6. To prevent the overcrowding of land and undue concentra- tion of structures so far as is possible and is appro- priate in each district, by regulating the use and the bulk of buildings in relation to the land surrounding them. 7. To provide protection from fire, explosion, noxious fumes and other hazards in the interest of public health, safety, comfort and general welfare. 8. 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. 9. To prohibit uses, buildings or structures which are in- compatible with the character of development or the per- mitted uses within specified zoning districts, 3 `i rib 10. To conserve the taxable value of land and buildings throughout the city. 11. To define and to limit the powers and duties of the administrative officers and bodies as provided herein. 2 a ARTICLE II RULES AND DEFINITIONS Words and terms in this Article are included because of special or particular meanings as they are used in these Regulations. 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. b. c. d. 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. The word "shall" is mandatory and not discretionary. The word "may" is permissive. The word "lot" shall include the words "piece" and "parcel "; the word "building" includes all other structures of every kind regardless of similarity to buildings; and the phrase "used for" shall in- clude the phrases "arranged for ", "designed for ", "intended for ", "maintained for" and "occupied for ". DEFINITIONS Accessory Building or Use - one which: a. is subordinate to, and serves a principal building or principal use, and b. is subordinate in area, extent or purpose to the principal building or principal use served, and c. 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: a. a children's playhouse, garden house or private greenhouse. b. a garage, carport or a building for storage incidental to a permitted use c. incinerators incidental to a permitted use. d. storage of goods used in or produced by manufacturing activities, on the same zoning lot with such activi- ties, unless such storage is excluded by the district regulations. 3 4 i e. offstreet motor vehicle parking areas and loading facilities. f. signs as permitted and regulated in each district in these Regulations. Alley - a public right of way which provides service access to abutting property. Apartment - a room, or a suite of two or more rooms in a multi- ple dwelling, occupied or suitable for occupancy as a dwelling unit for one family. Billboard - (See definition of Outdoor Advertising Display, Sign or Billboard) Building, Accessory -- see "Accessory Building or User. Building, Detached - a building surrounded by an open space on the same lot as the principal building. 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. Building, Principal - the major building on a lot, the build- ing which houses the major use of the land and the structures on a zoning lot. Building, Residential - a building arranged, designed, used or intended to be used for residential occupancy by one or more families or lodgers. Business Parking Lot and /or Structure - a commercial offstreet parking lot or structure used exclusively for parking and /or storage of vehicles. 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 in- to the structure: it is open on two or more sides. Commission - the appointed Planning Commission. 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 partic- ular use shall not prove detrimental to surrounding proper- ties, shall not be in conflict with the comprehensive plan and shall not be contrary to the public interest. 4 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. 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. 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. Conforming Use - a use that is listed as Permitted or Condition- al Use in the zoning district in which the use is situated. Council - the City Council. Club or Lodge, Private - a non - profit association of persons who are bonafide 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. Dormitory - a residence hall providing sleeping rooms, with or without eating facilities. Dump - an area devoted to the disposal of refuse, including incineration, reduction or dumping of ashes, garbage, combusti- ble or non - combustible refuse. Duplex - a residential building containing two one- family dwelling units within the four walls of the building. Dwelling -- a building, or portion thereof, but not an auto- mobile house trailer, designed or used exclusively for resident- ial occupancy, including one - family dwellings, two - family dwellings and multi- family dwellings, but not including hotels, motels or lodging houses. 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 in- cluded for each dwelling unit. Dwelling, One- family - a building containing one dwelling unit only. Dwelling, Two- family a building containing two dwelling units only. 5 Dwelling, Multi- family - a building or a portion thereof containing three or more dwelling units. 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. Establishment, Business or Commercial - a place of business carrying on an operation, the ownership and management of which are separate and distinct from those of any other place of business located on the same zoning lot. Existing (pre- existing) - a use, lot or building that existed at the time of the passage of these regulations. 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, parti- tion, enclose or screen a parcel or parcels of land. 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. 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. Height - total distance in feet from average ground elevation at perimeter walls to top of sign or structure. Home Occupation - the use of a dwelling unit in which the occupant lives and is engaged in his profession or trade en- tirely within the confines of said dwelling unit. 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. Hospital, Mental - (Including treatment of alcoholics) - an institution licensed by Washington State Agencies under pro- visions of law to offer facilities, care and treatment for cases of mental and nervous disorders and alcoholics. 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 6 411 metals, paper, rags, rubber tires and bottles. A junk yard includes an auto wrecking yard but does not include uses established within enclosed buildings. 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. Legal Building, Structure, Land Use - any building, structure or use of the land that complies with all zoning requirements. 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". Lot, of Record - a parcel of land that is registered as a lot or parcel of land in the records of the County Auditor. Lot, Zoning - a single tract of land located within a single block, which at the time of filing for a building permit, is designated by its owner or developer as a tract to be used, developed or built upon as a unit, under single ownership or control. A zoning lot may or may not coincide with a lot of record. Lot, Corner - a lot situated at the intersection of two or more streets. Lot, Reverse Corner - a corner lot in which the rear property line coincides with the side property line of an abutting lot. Lot, Through - a lot having two opposite lot lines abutting public streets which are usually more or less parallel to each other; not a corner lot. Both lot lines abutting streets shall be deemed front lot lines. Lot Line, Front - that boundary of a lot which abuts a street. Lot Line, Rear - that boundary of a lot which is most distant from and is most nearly parallel to the front lot line. Lot Line, Side - any boundary of a lot which is not front nor a rear lot line. 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. 7 Motel - an establishment consisting of a group of living or sleeping accomodations with bathroom, with or without kitchen facilities, located on a single zoning lot and designed for use by transient tourists. 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. 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 amend- ments to these regulations. 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. 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. Offstreet Parking Space - an area of at least 10 feet in width and 20 feet in length situated on territoy other than a public or private street, alley, highway or trafficway, and used only for the storage of vehicles. 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. Outdoor Advertising Structure - a structure of any kind erect- ed or maintained for outdoor advertising purposes, upon which any outdoor advertising display, sign or billboard is or may be placed. Person -- includes an individual, firm, partnership, association or corporation. 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. 8 Public Open Space - any public owned open area; parks, play- grounds, playfields, beaches, waterways, parkways, boulevards, streets, greenbelts. Reclassification - a change in zoning boundaries upon the zoning map which is an official part of these zoning regulations. 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. 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 inteded use, of a building. 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. Roof - a structure covering any portion of a building or structure, including the projections beyond the walls or supports. 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 replace- ment (not including repair and rebuilding); radiator cleaning and flushing (not including steam cleaning and repair); instal- lation of accessories; and the following operations if conduct- ed wholly within a building; lubrication of motor vehicles, brake servicing, wheel balancing, the testing and replacement of carburetors, coils, condensers, fan belts, wiring, water hoses and similar parts. Stable, Private - a detached accessory building in which only the horsesow 'd by the �,o occupants of the premises are kept, and in which no horses are kept for hire, remuneration or sale. Stand - a structure for the display and sale of products, with no space for customers within the structure itself. 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. 9 1 Street - a public right -of -way which affords a primary means of access to abutting property. Street Right-of-Way Line - the boundary line between a street and abutting property. 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. 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. Through Lot - see "Lot,Through ". 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 having a body designed for, or converted to the same uses as an autombile trailer without motor power. Trailer Park, Trailer Court, Mobile Home Park - any premises on which are parked one or more vehicles designed, intended, arranged or used for living or sleeping purposes, or any premises used or held out for the purpose of supplying to the public a parking space for one or more such vehicles, whether such vehicles stand on wheels or on rigid supports.. Use - the purpose or activity for which the land, or building thereon, is designed, arranged or intended, or for which it is occupied or maintained and shall include any manner of per- formance of such activity with respect to the performance standards of these zoning regulations. Use., Principal - the main use of land or buildings as distin- guished from a subordinate or accessory use. Utility Building or Structure - an installation to provide utility service. 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 depriv- ed of privileges conmonly enjoyed by other properties in the same vicinity and zone. 10 1 • Yard - an open space on a zoning lot which is unoccupied and unobstructed from its lowest level to the sky, except as other- wise 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. Yard, Front - extends along the full length of the front lot line, between the two side lot lines and to the closest build- ing on the same lot, or to a distance designated in zoning regulations. 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 designat- ed in zoning regulations. Yard, Side - extends along a side lot line from the front yard to the rear yard, between the side lot line and to the closest building on the same lot, or to a distance designated in zoning regulations. Zone - an area defined as to boundaries and location, and classified by the zoning regulations as available for certain types of uses, and within which other types of uses are excluded. Zoning Lot - a single tract of land located within a single block, which at the time of filing for a building permit, is designated by its owner or developer as a tract to be used, developed or built upon as a unit, under single ownership or control. A zoning lot may or may not coincide with a lot of record. 11 • • ARTICLE III ESTABLISHING MAPPED ZONES AND REGULATIONS THEREIN For the purpose of these Regulations the City of Port Angeles is divided into thirteen zoning classifications as follows: Section ABBREVIATED DESIGNATION ZONE CLASSIFICATION 1 RS -9 Residential Single Family District 2 RS -7 Residential Single Family District 3 RMF Residential Multi- Family District 4 RTP Residential Trailer Park District 5 RB Residential Buffer District 6 CSD -N Neighborhood Shopping District 7 CSD-Cl Community Shopping District CSD -C2 Community Shopping District 8 CAD Commercial Arterial District 9 CBD Central Business District 10 PSC Planned Shopping Center District 11 M -1 Industrial Park District 12 M -2 Industrial District 13 PBP Public Buildings - Park District 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. ARTICLE IV CLASSIFICATIONS Section 1 RS -9 RESIDENTIAL SINGLE FAMILY DISTRICT Permitted Uses Single family dwellings Non- commercial gardens and greenhouses, orchards Private garages, carports, swimmiing pools & cabanas, a Conditional Uses Duplexes, subject to the following conditions: a. Minimum site area: 14,000 sq.ft. b. Minimum lot width : 100 ft. c. Yard requirements, lot coverage, building height, offstreet parking and signs: same as for single family dwellings. Public parks, subject to the following conditions: a. No permanent bleachers or stadiums are permitted if the site is less than 10 acres, and no commercial amusement device is permitted. b. Lights provided to illuminate any recreation area shall be so arranged as to reflect light away from abutting private property. c. Every building or structure shall maintain a dis- tance of not less than forty -five feet from any park property line. d. Offstreet parking shall be provided as required by the Commission and shall be adequately screened to prevent lights from shining into residential property. Golf Courses a. Every building or structure shall maintain a dis- tance of not less than forty -five feet from any property line. b. Offstreet parking shall be provided for a minimum of 40 cars, and shall be adequately screened to prevent lights from shining into residential property. Public Schools, subject to the following standards and provisions: 13 a. Minimum site areas: elementary schools 10 acres junior high schools 20 " senior high schools 35 " junior colleges 40 " b. No building or structure shall be built closer than 40 feet to any property line. c. All buildings, including accessory buildings and structures, shall cover not more than 25% of the total site area. d. All offstreet parking requirements shall be complied with. Churches, subject to the following confitions: a. All buildings on the site shall cover not more than 35% of the total site area b. No building or structure shall be built closer than 35 feet to any property line c. Where areas devoted to offstreet parking abut any "R" zoned property, a solid wall or view- obscuring fence or hedge not less than 54 inches nor more than 6 feet in height shall be maintained on the common property line abutting such "R" zoned pro- perty. There shall be one car space for each six seats. Libraries, subject to the following conditions: a. Minimum site area: one acre b. Offstreet parking shall be provided for a minimum of 10 cars, and shall be adequately screened to prevent lights from shining into residential property. c. Minimum building line setback: 35 feet Utility Buildings & Structures, subject to approval of the Planning Commission. Hospitals (not to include hospitals for the treatment of mental disorders or alcoholism) on tracts 5 acres or larger, subject to approval of the Planning Commission. Private Schools with an enrollment under 100 pupils to be granted a conditional permit, with specific provisions by the Planning Commission. Schools with an enrollment over 100 pupils are to be considered the same as public schools. Rest Homes, or Nursing Homes on tracts 2 acres or larger, subject to approval of the Planning Commission. reehir5e,5 Or- cow'3 ekv&4.1 Stables,n subject to the following conditions: a. gtables constructed no closer than 100 feet to any property line. b. Minimum lot area: 1 acre per horse? b"' Cc& (' , ivit�i`ir�. ►n dr •S 11. ,711 PrcfY i 1.'ti� 14 VI Home Occupations as are ordinarily or conveniently carried on in the home may be permitted subject to the requirements of the Planning Commission. Accessory Uses Private garages, carports, sheds, swimming pools & cabanas. Minimum Lot Area 9,000 sq.ft., if connected to public sewer system, if not, lot area as required by the Olympic Health District. Minimum Lot Width 75 feet Minimum Yard Requirements Front: 25 feet from front lot line except w'en abutting an arterial street, then 35 feet. Sides: No structure shall be permitted closer than 8 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 with- in 1 foot of the side line. On corner lots, the side yard abutting a street shall have the same re- quirements as the front yard. Rear: No residential structure shall be permitted within 25 feet of the rear property line. Accessory buildings shall be permitted not closer than ten feet to rear property line or alley. Maximum Lot Coverage 30% of total area (not to apply to unenclosed swimming pools) Maximum Height 30 feet Offstreet Parking See Article V and Ordinance No. 1588 Signs Permitted Signs no larger than 1 square foot, unlighted, showing only name of occupant. One sign per building. 15 Section 2 RS -7 RESIDENTIAL SINGLE FAMILY DISTRICT Permitted Uses Same as RS -9 Conditional Uses Same as RS -9, except stables. Minimum Lot Area Single- family dwellings Two - family dwellings 7,000 sq.ft. 10,500 sq.ft. Minimum Lot Width 75 feet duplexes, 50 feet single family Minimum Yard Requirements Front: 25 feet from front lot line except when abutting an arterial street, then 35 feet. 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 with- in 1 foot of the side line. On corner lots, the side yard abutting a street shall have the same requirements as the front yard. Rear: No residential structure shall be permitted within 25 feet of the rear property line. Accessory buildings are permitted not closer than 10 feet to the rear property line or alley. Maximum Lot Coverage 30% of total area (not to apply to unenclosed swimming pools) Maximum Height 30 feet Offstreet Parking See Article V and Ordinance No. 1588 Signs Permitted Permitted Uses: Signs no larger than 1 square foot, unlight- ed. One per building. Conditional Uses: As determined by Planning Commission. 16 Section 3 RMF RESIDENTIAL MULTI - FAMILY DISTRICT Permitted Uses Same as RS-7 Multi- family dwellings, apartments Duplexes, /Dormitories Mc I✓AN:dS 9 {e'ctliMi ?Pelf v'-5 Conditional Uses Same as RS -7 Boarding S rooming houses Business parking t 5 Minimum Lot Area 7,000 sq.ft. plus 1,000 sq.ft. for each additional dwell- ing unit. Minimum Yard Requirements Same as RS -7 Maximum Lot Coverage 30% total site area (not to apply to unenclosed swimming pools) Maximum Height 35 feet Offstreet Parking See Article V and Ordinance No. 1588. Signs Permitted // L / 41 7 c 1^ Permitted Uses: Signs not larger than sq.ft., e►lighted4 '���� + one per building. Conditional Uses: Size and type as determined by Planning Commission. 17 Section 4 RTP RESIDENTIAL TRAILER PARK DISTRICT Permitted Uses Mobile homes Accessory Uses & Buildings Propane fuel storage tanks Shower and laundry rooms Lavatories Lights (overhead, outdoor) Community recreation rooms Playground equipment Swimming pools, patios Office (manager, owner) Conditional Uses Trailer supplies office Minimum Lot Area 4 acres for trailer park; 3,500 sq.ft. individual site Minimum Lot Width 400 feet for trailer park; 40 feet per individual site Minimum Yard Requirements Trailer Park No building, trailer, structure, cabana, car- port shall be permitted closer than 30 feet to the nearest public right -of -way, and no closer than 10 feet to any pro- perty line of a trailer park. Individual Trailer Sites Front: 14 feet to front property line of individual site Rear: 10 feet to rear " It " it Sides: 7 feet to side " " " " 11 Offstreet Parking Required See Article V and Ordinance No. 1588 Signs Permitted Signs no larger than 12 sq.ft., unlighted, one per trailer park. Signs no larger than 1 sq.ft.,unlighted, per individual site. 18 • TRAILERS Trailers, mobile homes, vacation trailers and campers shall not be permitted for occupancy in the City of Port Angeles except in approved Trailer Parks. TRAILER PARKS 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. Permit Required Fee for each Trailer Park permit shall be $50. Fee for each individual trailer site shall be $1.00, issued to occupant of site. 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 indi- dual trailer sites, including all dimensions of the trailer park tract, each individual trailer site, park- ing facilities and patio, and including plans and specification 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., Minimum total land area required for a trailer park shall be 4 acres. 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. Each individual trailer site shall have a minimum lot area of 3500 sq.ft. and a minimum lot width of 40 feet.. A minimum of 10% of the total area of a trailer park shall be reserved and shall be used solely and exclusively for a play- ground-recreation area. 19 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. In the interests of fire prevention there shall be a minimum space of 14 feet between trailers, including cabanas. 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 per- manent 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. Driveways, Walkways 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. Walkways not less than two feet wide shall be provided from the mobile home spaces to the service buildings. 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. 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. 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. 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. 20 • 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. 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. Service Buildings Service buildings housing sanitation and laundry facilities shall be permanent structures complying with all applicable ordinances and statutes regulating buildings, electrical in- stallations and plumbing systems.. Service buildings housing sanitation facilities shall be located not closer than 20 feet nor farther than 200 feet from any mobile home space. Sewage and Refuse Disposal Waste from showers, bath tubs, flush toilets, urinals, lava- tories, 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. Garbage Receptables 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 insure that individual garbage cans shall not overflow. 21 Fire Protection Every park shall be equipped at all times with fire extinguish- ing 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. 22 • • Section 5 RB RESIDENTIAL BUFFER DISTRICT Purpose and Intent It is the intent in this District to minimize conflicts and friction between zoning districts. The objective is to achieve stability of land use and land values by minimizing adverse influences of land use patterns at the edges of two dissimilar districts. It is for this reason that this District will permit office and institutional land uses having only a limited contact with the general public, not involving the sale of merchandise at retail except incidentally, and which may be carried on with no noise, smoke, odors, fumes or other objectionable conditions, and in structures that will be surrounded with ample open space for yards and with adequate offstreet parking and loading areas. Permitted Uses One, two and three family dwellings within one building, garages, carports Apartments, motels hAds Offstreet parking Jfacilities, accessory buildings Boarding or rooming houses Medical- dental clinics including a medical pharmacy as an accessory use of the clinic. Professional offices offering recognized professional services such as : dentists, doctors, lawyers, architects, engineers, etc. Business parkin 0,w &, V 1- .'slone.'al 54,414,W15 Conditional Uses Same as RMF Lodges, clubs Business colleges, trade schools, music conservatories and similar organizations offering vocational training in a specified field. Government office buildings, post offices, telephone exchanges and other administrative functions. Minimum Lot Area 72 000 sq.ft. basic for one and two family dwellings plus f'000 sq.ft.of lot area for each additional dwelling unit. are 23 Minimum Lot Width 50 feet for one and two - family dwellings 100 feet all other uses Minimum Yard Requirements Front: 25 feet from front lot line except when abutting an arterial street, then 35 feet. Sides: No structure shall be permitted closer than 7 feet to any side lot line on the front two thirds of the lots Detached accessory buildings only, on the rear one third of the lot may be permitted to with- in 1 foot of the side line. On corner lots, the side yard abutting a street shall have a building line setback of 20 feet; if abutting an arterial street the setback shall be 30 feet. Rear: No residential structure shall be permitted within 25 feet of the rear lot line. Accessory buildings are permitted not closer than 10 feet to the rear property line or alley. Maximum Lot Coverage 45% of total area (not to include unenclosed swimming pools) Maximum Height 30 feet Offstreet Parking Regulations See Article V and Ordinance No. 1588. Signs Permitted c / // J1 66(-661-11 LY/7 !161( 4N- 14:!6,-/23:7`! ,3 Signs not larger than tohome. square feet in area, walighted,) ,,,4, One sign per structure. Section 6 CSD -N NEIGHBORHOOD SHOPPING DISTRICT Permitted Uses Bakery shops Barber & beauty shops Delicatessens, grocery stores, supermarkets Drug stores, pharmacies Self- service laundries Conditional Uses Churches Offstreet Parking lots, signs Apartments above commercial buildings Utility buildings and structures Minimum Lot Area 7,000 square feet Minimum Lot Width 50 feet Minimum Yard Requirements Front: 25 feet Side: 25 feet from front lot line when abutting a street; 35 feet when abutting an arterial street; 15 feet abutting residential zoned lot; no side yards re- quired when abutting another commercial zoned lot. Rear: 15 feet when abutting an alley or a residential zoned lot. Maximum Lot Coverage 50% 30% for utility buildings and structures Maximum Height 30 feet Offstreet Parking Requirements See Article V and Ordinance No. 1588 25 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 200 feet to all property in a Residential District. No billboards shall be permitted within a Neighborhood Shopping District. One sign is allowed per lot. Maximum height 30 feet. 26 Section 7 CSD -C COMMUNITY SHOPPING DISTRICTS CSD -C1 CSD -C2 Permitted Uses Permitted Uses bakery shops barber shops, beauty shops delicatessens, grocery stores, supermarkets drug stores, pharmacies frozen food or cold storage lockers hardware stores, shoe repair shops medical, dental offices & clinics professional offices restaurants, cafeterias self - service laundries apartments above commercial buildings specialty shops: gift, florist, ho by, antique $4.. lc; df 44‘.4 ;MI5 41-141-1"71 Sames as CSD -C1 plus taverns & cocktail lounges service stations CSD -C1 & C2 Conditional Uses Same as CSD -N Minimum Lot Area 7,000 square feet Minimum Lot Width 50 feet Minimum Yard Requirements No structure shall be built within 15 feet of an alley or any property that has a residential zoning classification. Maximum Lot Coverage 50% of the total site area Maximum Height 30 feet 27 Offstreet Parking See Article V and Ordinance No. 1588 • 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. One sign per structure, maximum height 30 feet. 28 Section 8 CAD COMMERCIAL ARTERIAL DISTRICT Permitted Uses Same as CSD -C2 plus automobile,truck, trailer, motorcycle, tractor sales and repair (including automobile laundries) ambulance service boat sales and repair Cabinet shops, specialty shops: gift, hobby, pet, antique churches, clubs, lodges commercial recreation, pool halls delicatessens, grocery stores, supermarkets, drug stores, pharmacies drive -in restaurants, restaurants florists shops, nurseries, garden supplies frozen food and cold storage lockers furniture sales, repair, upholstering glass edging, bevling, silvering hardware, plumbing supply stores motels, apartments, Hde.ls printing, blueprinting, photostating self- service laundries service stations, automobile maintenance and repair shops, tire shops wholesale business and storage buildings and yards barber and beauty shops, bakery shops Conditional Uses Same as CSD -C2 plus automobile body and fender repair shops, paint shops bowling alleys lumber yards, building supplies public utility structures signs and billboards, sign shop salvage stores, licensed wrecking yards storage yard and /or buildings veterinary clinics, offices, kennels, provided: (1) build- ings and structures are soundproof (2) all run areas are surrounded by an 8 foot solid wall or fence (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 City Health Department is installed. Offstreet parking buildings & lots Minimum Lot Area 7,000 square feet 29 Minimum Lot Width 50 feet Screening A site - obscuring fence, 6 feet in height, is required for the following land uses: lumber yards, building supplies, salvage stores, licensed wrecking yards, material and equip- ment storage yards. Minimum Yard Requirements Side: No structure shall be built within 15 feet of any property that has a residential zoning classification. Rear: No structure shall be built within the rear 15 feet of a zoning lot that abuts an alley or a Residential District. Maximum Lot Coverage 60% total site area Maximum Height 30 feet Offstreet Parking See Article V and Ordinance No. 1588 Signs Permitted Signs, lighted but not intermittent or flashing type, not exceeding 8 "square feet total area. All signs and bill- boards over 10 square feet in area shall be restricted to territory no closer than 100 feet to all property in a Residential District. One sign per structure, maximum height 35 feet. 30 Section 9 CBD CENTRAL BUSINESS DISTRICT Permitted Uses barber shops, beauty shops bus & ferry offices & terminals business schools, travel agencies clothes cleaning agency or pressing shop (excluding clean- ing and /or dyeing on the premises, other than spot cleaning) clubs & lodges finance offices, pawn shops furniture & appliance stores government buildings & offices hotels, motels, apartment buildings medical, dental offices & clinics offices, hanks, savings & loan associations radio & television studios offstreet pari:ing buildings & lots retail stores, drug stores, pharmacies, liquor► stores shoe repair shops shops: gift, florist, hobby, pet signs, billboards specialty shops, food stores, supermarkets studios: music, art, voice, dance theaters restaurants, cafeterias, taverns, cocktail lounges commercial recreation, pool halls Conditional Uses Auditoriums utility buildings and structures wholesale establishments Minimum Lot Area 3,500 square feet Minimum Lot Width 25 feet Minimum Yard Requirements Side: No structure shall be built within 10 feet of any property that has a residential zoning classification. 31 Offstreet Parking Requirements See Article V and Ordinance No. 1588 Signs Permitted Signs and billboards as permitted by ordinance and codes of the City of Port Angeles. No restriction as to height or size. 32 Section 10 PSC PLANNED SHOPPING CENTER DISTRICT A. Intent The intent of a planned shopping center is to permit the estab- lishment of retail shopping facilities that will provide goods and services for the people to be served, minimize traffic congestion on streets in its vicinity and which will fit the general land -use pattern of the area to be served. The pro- tective standards contained in this section are intended to provide for safe and efficient use of the shopping center and to minimize any adverse effect of the shopping center on near- by residential property values. Submittal of a market analysis is required in order to establish evidence of a need for a change in the comprehensive plan and the official zoning of Port Angeles, and to substantiate a finding that such change will promote the general welfare of Port Angeles. It is further intended that any financial responsibility of the developer for work to be done on city streets bounding or giving access to the shopping center, which responsibility arises out of pro- visions of this ordinance, be made the subject of a contractual agreement between the developer and the City of Port Angeles, and that such contractual agreement may contain provisions to effectuate any other section of this ordinance. The type of shopping centers provided for in this ordinance may be described as follows: PSC -1 Neighborhood Shopping Center - provides for the sale of daily living needs, 'convenience goods" such as foods, drugs, hardware and personal services. It may contain 5 to 15 stores generally oriented around a supermarket on a site of from 3 to 10 acres in size. It will usually require approximately 5,000 to 20,000 persons living close to the shopping center to support it. PSC -2 Community Shopping Center - provides in addition to nconvenience goods" a wider range of facilities for the sale of "shopping goods" such as apparel and furniture, as well as banking and professional services and recreation. It may contain 20 to 40 stores generally oriented around a junior department or variety store on a site of from 10 to 30 acres in size. It requires approximately 20,000 to 100,000 persons located within a short driving time from the shopping center to support it. B. General Regulations 1. There shall be two types of PSC Districts: 33 PSC -1 Planned Neighborhood Shopping Center District PSC -2 Planned Community Shopping Center District PSC -1 and PSC -2 Districts may be established only upon land held in single ownership or unified control, and which land contains no dedication of public streets or alleys, except streets which may be deemed necessary by the City for the movement of vehicular traffic which has both its origin and destination outside the PSC Districts, and except any right - of -way for public utility purpose. In the event that a vacation of streets, alleys or plats is necessary in order to meet the requirements of this section, a proper petition for such vacation shall be filed with the City on or before the date of filing of the request for PSC District zoning. In the event that such vacation be approved by the City vaca- tion ordinance shall be passed on the same date as the ordi- nance establishing the PSC District zoning. Rededication of such vacated streets or alleys and replatting of property to be done in the event that the proposed shopping center is not constructed, may be provided for in a contractual agreement between the developer and the City. 2. Area requirements for PSC Districts are as follows: District PSC -1 PSC -2 Minimum Maximum 3 acres 10 acres 10 acres 30 acres No offstreet parking areas may extend into an adjoining District. 3. Offstreet parking shall be provided as required in Article V and Ordinance No. 1588 4. A PSC -1 District shall not be established upon a tract of land which would contain a nonconforming use after the passage of such amendment to the Zoning Resolution unless the develop- ment plan for the tract includes the elimination of the non- conforming use. 5. The location of a PSC- -1 District shall have an acceptable relationship to the Port Angeles Comprehensive Plan. A recom- mendation to the City Council shall be made by the Planning Commission after receiving a report and recommendations from the City Engineer. For this purpose the petitioner shall submit to the Planning Commission a traffic circulation plan showing the adequacy of the streets providing access to the shopping center to carry the traffic generated by the shopping center, proper methods of ingress and egress to and from the center, necessary acceleration and decleration lanes and necessary traffic control devices, including channelization. 34 6. The petitioner or developer shall be required to pay the cost of the construction and /or installation of the following facilities on the streets providing access to the shopping center which may be necessary to control traffic generated by the shopping center: (a) street widening; (b) ingress and egress driveways; (c) acceleration and deceleration lanes; (d) traffic control devices and signs, including channeliza- tion. The standard for determining the extent of the developer's financial responsibility for traffic control construction shall be the predictable increment of traffic on the streets providing access to the center caused by the shopping center over the normal peak load under the existing zoning, estimated for the time of completion and maximum use of the shopping center. To the extent that the developer is found to be responsible for traffic control construction, such responsibility shall be made the subject of a contractual agreement between the developer and the City. In all PSC Districts the developer shall be re- quired to construct proper ingress and egress driveways to the shopping center and street curbing as recommended by the City Engineer. The length of time the developer may be held respon- sible for further traffic control construction shall be speci- fied in such contractual agreements, and such contract, or a separate contract, may contain provision for other street con- struction to be done by the developer as may be agreed between the developer and the City. 7. The petitioner shall submit to the Planning Commission a preliminary develpment plan for the shopping center showing a unified and organized arrangement of buildings, offstreet parking, internal traffic circulation and service facilities which will be feasible for the property on which the center is proposed and which planned development shall minimize any ad- verse effect of the center on the properties surrounding the proposed development, and must contain information showing compliance with the requirements of this ordinance and all other applicable city ordinances. 8. The applicant shall submit a market analysis, acceptable to the City Council and the Planning Commission, which shall serve as a guide to the City Council and the Planning Com- mission for the evaluation of the application in terms of (1) the need or desirability in the public interest, to change the comprehensive zoning plan; (2) the amount of land included in the rezoning application which can be realistically support- ed and needed in commercial use; (3) a finding that the pro- posed development will promote the general welfare of the City. For these purposes, the market analysis shall contain the following elements: a. The trade area of the proposed shopping center; b. Trade area population, present and future; c. Effective buying power in the trade area; d. Net potential customer buying power for stores in the • .1 proposed shopping center; e. Residue of buying power to be expended in existing shop- ping centers or commercial areas serving the trade area. Prior to the submittal of the proposed rezoning to a PSC District, the developer shall submit all evidence deemed necessary by the Planning Commission regarding the ability of the developer to undertake the proposed project. 9. No building permit shall be issued for any structure in a PSC District until the final site development plan for the entire District has been approved by the Planning Commission and the City Attorney, as complying with the regulations and requirements of this ordinance and all other applicable City ordinances; nor until the developer and the City have enter- ed into a contractual agreement as stated in subsections here- of, concerning the rededication of such vacated streets and /or alleys, the replatting of property in the event the proposed shopping center is not constructed, and the proposed traffic control construction and, further, said agreement may contain a provision requiring the developer to post a good and suffi- cient bond running to the City with two or more sureties or with a surety company licensed to do business in the State of Washington as security in an amount agtal to the estimated cost of the street and utility development in the project, conditioned that the developer shall faithfully perform all the provisions of said contract concerning the development of the streets and utilities in the project and shall save the City free and harmless from all loss and damage occasioned to any person or property as a result of the developer per- forming said provisions of said contract. No change shall be made in the final site development plan during the course of construction pursuant thereto, without first obtaining the prior approval of the Planning Commission and the City Attorney. Copies of the approved final site development plan shall be kept on file in the City Engineer's office, and any changes which may be approved shall be noted thereon. Procedures for filing and approval of construction plans for buildings, structures and other improvements shall be as now required under the City ordinance and pro- cedure requirements. 10. Within 18 months from the effective date of the ordinance establishing a PSC District a building pf:rmit shall be secured and construction shall begin in accordance with the approved final site development plan. Application may be made to the Planning Commission for not more than one (1) year extension of the time limit for commencement of construction. In the event that construction is not started within the specified time limits, the Planning Commission shall review the zoning of the district and the progress which has taken place, and, 36 if deemed necessary, initiate proceedings to restore the district to its prior classification. • 11. Construction begun in accordance with the approved final site development plan for a PSC District must be completed within two years of the date construction is commenced. Application may be made to the Planning Commission for not more than one extension of the time limit for completion of construction. A plan for staged development which will re- quire more time than the limits contained herein may be approved by the Planning Commission at the time the PSC District zoning is recommended or may be approved by the Planning Commission prior to, or during the course of, construction of the shopping center. In the event that construction is not completed with- in the time limits specified by the Planning Commission or by this resolution, the Planning Commission shall review the zon- ing of the district and the development which has taken place and, if deemed necessary, initiate proceedings to reclassify the district in a manner consistent with the comprehensive zoning plan of this City. C. Use Regulations A building, structure or land shall be used and a building or structure hereafter built, altered or enlarged, shall be used for only the following permitted uses: 1. PSC -1 Neighborhood Shopping Center bakery, retail only, the products of which are sold only on the premises bank, savings & loan association barber shops, beauty shops clinics, medical and dental clothes cleaning agency or pressing shop (excluding clean - ing and dyeing on the premises, other than spot cleaning) confectionery or candy store delicatessen drug store dairy products store dry goods store grocery, fruit or vegetable store, meat market, supermarket hardware or appliance store hobby shop, fixit shop laundry agency or self- service laundry (excluding laundry) shoe store or shoe repair shop soda fountain, lunch counter, restaurant, cafeteria (exclud- ing cabaret, cocktail lounge, bar or tavern, and exclud- ing restaurant where food is served or consumed in auto - biles) utility buildings and structures variety store, 5 and 10 cent store 37 Signs Permitted Signs, excluding billboard, are permitted on buildings & marquees and must meet standards specified in the Sign Codes. One additional free - standing sign or structure to identify the shopping center shall be permitted; 100 square feet in area and not over 35 feet in height. Such identifying sign or structure shall be of permanent type construction and shall conform to construction standards contained in the Sign Codes and Building Code of the City of Port Angeles. Plans for such sign or structure shall be submitted as a part of the shopping center development plan. Flashing, beacon -type lights shall be prohibited. This section shall not be con- strued to prohibit the erection of signs necessary to control vehicular and pedestrian traffic within the center. 2. PSC -2 Community Shopping Center All uses permitted in the PSC -1 Neighborhood Shopping Centers, except that 2 free - standing signs or struc- tures identifying the shopping center shall be permitted. antique shop art supply store, art shop auto accessory store auto, boat and motorcycle sales, conducted entirely within a building bicycle shop blueprinting, photostating, engineering & office supply store branch post office book or stationery store bowling alley, gymnasium, skating rink, auditorium, ballroom business school clothing store, tailor shop cocktail lounge, tavern, restaurant, drive -in restaurant, cafeteria dry goods store, millinery, dress shop finance company florist shop furniture, appliance store gift shop, antique shop offices (business, professional) pet shop, not including veterinary hospital or keeping or boarding animals not for sale on the premises photographers shop or studio, camera shop radio, television, tape recorder sales & repair retail stores studios (music, art, voice, dance) service station travel agency accessory uses incidental to the above permitted uses • D. Minimum Area Requirements Minimum Requirements Height 30 feet 35 feet Building Line Setbacks from: Residential District 60 feet 80 feet Public street 60 „ 80 " Commercial or Industrial District 20 " 20 " PSC -1 PSC -2 Parking Areas Area to be permanently reserved & 5 5 used for customer and employee vehicle parking. Parking spaces per 1000 sq,ft. of total floor areas in PSC buildings Loading Area 6 10 E. Screening All PSC Districts shall be permanently screened from public streets and from adjoining or contiguous residential districts by an evergreen hedge having a minimum height of 4* feet and a maximum height of 7 feet, to be installed and maintained within 10 feet of the PSC District property line. Said screen- ing shall consist of three rows of evergreen trees or shrubs installed at 5 foot centers, staggered. 39 Section 11 M -1 INDUSTRIAL PARK DISTRICT Purpose and Intent It is the intent in establishing an Industrial Park District to permit selected types of industries to situate on property on which industrial land use is not now permitted, providing that said industrial land use will not have any undue adverse or detrimental effects upon existing or potential land use in surrounding territory, nor upon neighborhood traffic patterns. Procedure Applicant for Industrial Park Classification shall submit to the Planning Commission a petition in which the applicant specifies the type of operation or manufacturing process to be used in his proposed establishment, along with site plans showing location of buildings, parking areas, yards, signs and screening. The Planning Commission shall consider the application, and where necessary, shall have qualified industrial experts analyze and make recommendations in regard to proposed methods of processing and manufacturing. Recommendations of the Commission to the City Council shall be based upon (1) site plans submitted, (2) potential effects of the proposed industrial land use upon neighboring land use and upon traffic patterns. All costs involved regarding investigations and analyses shall be paid by the applicant. Permitted Uses Basic criteria to be used in determining the type of industry to be permitted is (1) method of manufacture, rather than type of products produced, (2) location of the proposed industrial development in relation to trafficways and land use. Conditional Uses Specific conditions and provisions to be determined in application. Minimum Lot Area 5 acres 40 Minimum Yard Requirements Front: 50*, 200** Sides: 50 *, 200** Corner: 50*, 200** Rear: 50*, 200;', * When abutting a commercial or industrial use. _... When abutting a non - commercial or non - industrial District, Maximum Lot Coverage As determined in application Maximum Height As determined in application Offstreet Parking & Loading As determined in application Signs Permitted As determined in application ,00 One per site, 35 feet in height, MEL sq.ft. in area, lighted but not intermittent or flashing type. 41 Section 12 M -2 INDUSTRIAL DISTRICT Permitted Uses Automobile body, fender, laundry, paint shops and wrecking yards Bakeries, wholesale Battery rebuild, tire repair and recapping Boiler works Book, newspaper & magazine printing & publishing Bottling plants, creameries Cabinet and carpenter shops City Pound Distillation of wood, coal or bones or manufacture of any of their by- products Draying, freight & trucking yards, terminals Dry cleaning: clothes, carpets, rugs. Laundries Fuel yards, Gas (illuminating or heating) manufacture or storage Manufacture, processing, packing, storage of alcohol asbestos asphalt brick, tile or terre -cotta brooms, brushes chemicals ceramics celluloid or similar cellulose materials cloth, cord or rope concrete drugs, pharmaceuticals electrical products and appliances food and food products kelp reduction lumber machinery perfumes paint, lampblack, varnish, oil and turpentine paper and pulp plastics prefabricated buildings signs, all types salt works soap and soap products, toiletries tar roofing or waterproofing vegetable oil or other oil Power,light or steam plant Railroad yard or roundhouse Sawmill Ship building, storage, repair, Lod lia✓EUS, rnaY +'►,as 42 Skating rink, dance hall, boxing arena, penny arcade, shoot- ing gallery or similar amusement enterprise Storage yards: building materials, tractors, trucks, boats, equipment 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 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. Residential uses are prohibited in this District. Minimum Yard Requirements No buildings shall be constructed closer than 30 feet to any public right -of -way line. Offstreet Parking See Article V and Ordinance No. 1588 Signs Permitted Signs and billboards as permitted by City of Port Angeles sign codes. Maximum height: 35 feet, 400 sq.ft. in area. 43 Section 13 PBP PUBLIC BUILDINGS - PARK DISTRICT Permitted Uses Bleachers, grandstands (subject to review by Planning Commission) Bridle trails City Hall Civic buildings & governmental offices Courthouse Fire station 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 & overhead) Schools Streets, paths and roads as required. 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. Lighting Facilities Overhead lights, floodlights, etc., shall be constructed so as to shine away from neighboring property as far as is practical. Offstreet Parking See Article V and Ordinance No. 1588 Signs Permitted Signs no larger than 10 sq.ft., unlighted. One per struc- ture, maximum height ten feet. 44 . 0 ARTICLE V OFFSTREET PARKING REGULATIONS See Ordinance No. 1588 for parking spaces required. All space used for the sale, display or parking of any merchan- dise 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 on the right -of -way of any public street. All offstreet parking installations shall have screening, lighting, entrances and exits as required by the Planning Commission. 45 ARTICLE VI HOMES FOR THE ELDERLY, NURSING HOMES, GROUP CARE HOMES 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. Location Homes for the elderly, nursing homes, etc., shall be permit- ted in zoning districts specified in this Ordinance, and by Conditional Permit from the Planning Commission. To obtain a Conditional Permit each developer of proposed Elderly Housing shall meet the following requirements: 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. 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. Lot Areas Minimum site area - 2 acres plus 500 sq.ft. for every bed over 20. Minimum Yard Requirements Front: Sides: Rear: 30 feet 20 feet 40 feet Parking One (1) space per three (3) beds. Recreation Area Landscaped recreation area shall be reserved for recreation purposes. 46 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. 47 ARTICLE VII WRECKING YARDS, JUNK YARDS Location Junk yards, salvage yards, automobile storage or wrecking yards may be permitted only in an Industrial District. 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 $50.00. 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 set- back line, which shall be a distance of fifty (50) feet from all street right -of -ways. No storage or display of any junk, appliance, article, merchandise or vehicle shall be permitted outside of said required fence. 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. Offstreet Parking Requirements A minimum of ten (10) offstreet parking spaces shall be required for each junk, salvage or wrecking yard. ARTICLE VIII SIGNS, BILLBOARDS Definitions An advertising sign is a sign which directs attention to a business, commodity, service or entertainment conducted, sold or offered elsewhere than upon the premises where such sign is located, or to which it is affixed. A business sign is a sign which directs attention to a business or profession conducted or to a commodity, service or entertain- ment sold or offered upon the premises where such sign is located, or to which it is affixed. A flashing sign is any sign which is illuminated by artificial light which is not maintained stationary or constant in injen- sity.and color at.all times when such sign'is in use. For the purpose of this zoning ordinance any revolving illuminated sign shall also be considered a flashing sign. A billboard is an outdoor advertising display, structure or sign, _ _. - -- - - - - h, we►- 25-r ;., attached or detached, lighted or unlighted. tz'" °t- An attached sign is any sign or billboard, lighted or unlight- ed, directly attached to, supported by and no more than 2 feet distance from a building. A detached sign is any 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. A detach- ed sign shall not be constructed closer than 20 feet to any property line in any detached sign zoning district. For the purpose of interpretation and enforcement of these zoning regulations billboards shall be considered a commercial structure and shall be permitted in, and shall be limited to only commercial, industrial or manufacturing zoning districts. • • • Billboards shall be prohibited in all other zoning districts. 49 t. ARTICLE IX GENERAL PROVISIONS, CONDITIONS AND EXCEPTIONS Foregoing Regulations Subject to this Article The foregoing regulations pertaining to the several zones shall be subject to the general provisions, conditions and exceptions contained in this Article. Yard and Open Space Regulations Except as provided in this Article, 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. Yard Requirements for Property Abutting Half - Streets or Streets Desi'nated By an Official Control 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 normal- ly revert to said lot if the street were vacated, unless the yards provided and maintained in connection with such build- ing 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. This section applies to all zones. 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. Measurement of Front and Side Yards Front yard requirements shall be measured from the front pro- perty line. Side yards abutting a street or alley shall be measured from the property line that abuts the right -of -way line. 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. 50 Permitted Intrusions into Required Yards The following intrusions may project into any required yards: 1. 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. 2. Unenclosed, uncovered porches, terraces or landings, when not extending above the first floor of the buildings, may extend not more than six (6) feet in the front, eight (B)' feet in the rear and three (3) feet in the side into any required yard, provided, however, an open railing or grill- work not exceeding thirty (30) inches in height may be constructed around any such porch, terrace or landing. 3. 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. 4. Eaves with a maximum overhang of thirty (30) inches. 5. Detached accessory buildings on rear one third of lot only are permitted not closer than one foot to side nor ten feet to rear property lines or alleys. Storage of Merchandise, Vehicles in Yards & Rights -of -Way In Residential and Commercial District the storage of merchandise, appliances or vehicles in front or side yards shall be prohibited. In no zoning district shall the storage of any articles or vehicles be permitted to extend into public rights -of -way. Vision Clearance In all Residential and Residential Buffer 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: Street Intersections At any intersection of two street rights -of -way two sides of said triangular area shall ex- tend twenty (20) feet along both right -of -way lines, measured from their point of intersection. 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 alone both rights -of -way, measured from their point of intersection. 51 • L Street and Driveway Intersections At any intersection of a street right -of -way and a driveway, the sides of each re- quired 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. Walls, Fences, Shrubs, Hedges In all Residential and Resdential Buffer Districts a wall, fence, shrub or hedge may be maintained to a maximum height of + six (6) feet on property not otherwise restricted,4 -e Yr -q ' row-- d • All vision clearance requirements shall be maintained. Through -Lots May Be Divided in Certain Instances Through -lots 160 feet or more in depth may be improved as two seperate lots, with the dividing line midway between the street frontages, and each resulting half shall be subject to the con- trols applying to the street upon which such half faces. If each resulting half be below the minimum lot area as determined by these regulations, then no division may be made. If the whole of any through -lot is improved as one building site, the main building shall conform to the requirements of the zone of the frontage occupied by such main building, and no accessory building shall be located closer to either street than the distance constituting the required front yard on such street. Lot Area Not to be Reduced, Exceptions No lot area shall be so reduced or diminished that the lot area, lot width, yards or other open spaces shall be less than pre- scribed by these regulations for the zone in which it is located, nor shall the density of population be increased in any manner except in conformity with the regulations. However, for the purpose of encouraging the construction of off - street parking space under or within buildings rather than in rear, side or front yards, the following exceptions to minimum lot areas shall be permitted. For each 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 52 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. 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 ease- ments are involved, such area units may be so utilized by re- sorting to the split lot procedures as prescribed in the sub- division 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 front- age upon a dedicated public street or road. Exception to Yard Requirements 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 adjoin- ing side yard for such lot shall not be less than the minimum side yard required in the more restrictive zone. Substandard Lot A legal building or structure may be permitted on a lot of record providing it meets all front, side and rear yard requirements. Driveways Width, location and number of curb -cuts for driveways per lot shall be determined by standards designed by the city engineer- ing department. Accessory Buildings Detached accessory buildings on the rear one third of the lot rear only ere permitted not closer than 10 feet ton property or alley and one foot to the side property lines, except abutting a street. Corner Lots No principal building or accessory building shall be construct- ed closer than twenty feet to a street right -of -way. 53 • ARTICLE X SPECIAL PROVISIONS Section 1 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 of cul -de -sac. Section 2 Nonconforming Uses 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. onforming use shall be permitted to contin - .d s fro .- aid use becomes a non - all then be discontinu- o the adoption of these zoning re.. _ shall e date of a nonconforming use. of twenty- ive confroming use. ed. T Enlargement, Alteration, Reconstruction A legal, conforming building or structure housing a nonconform- ing use shall be permitted to be repaired, altered, remodeled or reconstructed providing said repairs, alteration or recon- struction meet all zoning and building code requirements. 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. 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. 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 annex - tion. 54 • Section 3 Nonconforming Building or Structure 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. Structural repairs needed to maintain the building in a safe structural condition may be permitted. 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 aning district in which it is situated, and further providing: 1. Reconstruction is started within nine (9) months and is completed within eighteen 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. , .. • . le.al building or structure th. _ �r•� s a nonconforming or noncomplying buil all zoning and b and shall be bu' with discontinued date said 55 9 1 Nonconformance as a Result of Annexation All above regulations shall apply to each nonconforming struc- ture or building which comes with the City by means of annexa- tion. Section 4 Yards to be Ebclosed Within a Solid Fence Every wrecking, salvage, junk and used lumber yard, equipment and material storage yards, auction house or second -hand store which, after 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 continous solid fence no less than seven (7) feet in height or to a greater height if such height is needed to screen completely all the operations of such e yard,, 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 con- ditions attached to such approval. New uses shall be subject to site approval of the Planning Commission and shall be subject to any restrictions and modi- fications said Commission may stipulate. Noise abatement is to be enforced from 6:00 PM to 7;00 AM. Burning of items on the premises is prohibited. 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. Section 5 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 Planning Commission and the Building Inspector. Section 6 Temporary Buildings Temporary buildings used in conjunction with construction projects, or buildings used as real estate tract offices, may be located in any zone for a period not to exceed six (6) months. Buildings intended for a longer period of use shall conform in every respect to all provisions of these regulations. Section 7 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. 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. Section 8 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. Section 9 Exception to Area Requirements For the purpose of encouraging the construction of offstreet parking space under or within 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. Section 10 Uses Any uses not expressly permitted are prohibited. Section 11 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. 57 ARTICLE XI ADMINISTRATION AND ENFORCEMENT Section 1 Scope of Regulations 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. However, 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 construc- tion 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 there- after to the provisions in regard to nonconforming buildings, uses and structures. Section 2 Interpretation In the interpretation and application of these Zoning Regula- tions the provisions of these Regulations shall be held to be the minimum requirements for the promotion of public health, safety and welfare. Where the conditions imposed by any provision of these Zoning Regulations upon the use of land or buildings or upon the bulk of buildings are either more restrictive or less restric- tive than comparable conditions imposed by any other provision of these Toning 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. These Zoning Regulations are not intended to abrogate any ease- ment, 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. No building, structure or use which was not lawfully existing at the time of the adoption of these Zoning Regulations shall become or be made lawful solely by reason of the adoption of 58 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. Section 3 Rules for Interpreting Zoning Boundaries When uncertainty exists as to the boundaries of zones as in- dicated on the official zoning map, the following rules shall apply: a. Boundaries shown on the zoning map as approximately following the center line of streets, alleys, highways or site limits shall be construed as following such center lines and city limits. b. Distances not specifically indicated on the Zoning Map shall be determined by applying the scale of the map. c. 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 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. d. Where a zone boundary line divides a lot of single owner- ship and such line is a 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 dis- tance of twenty -five (25) feet from such zone boundary line, whichever is the lesser distance. e. 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 determin- ed by the City Engineer. Section 4 Sub - Standard Lots, Recorded Lots 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. 59 JI A legal building, structure may be permitted on said lot of record providing it meets all front, side and rear yard requirements. Section 5 Conditional Use Permit 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 intro- ducing incompatible, detrimental or hazardous conditions. In each application the Planning Commission may impose what- ever restrictions or conditions it considers essential to protect the public health, safety and welfare, and to pre- vent depreciation of neighboring property. 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 main- tained 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. Section 6 Variance & Decisions of Building Inspector The Planning Commission shall consider written petitions for temporary uses, variances from area, height and space require- ments in zoning regulations, to consider appeals from decisions of the Building Inspector and to grant or deny said petitions. Requests for decisions by the Planning Commission shall follow this procedure: 1. Application shall be in writing on forms provided by the Building Inspector. 2. Applications shall be submitted to the chairman of the Planning Commission. 3. The Planning Commission shall fix a date of hearing on each application and shall at least ten (10) days prior to such date of hearing cause to be posted in conspicuous places within 400 feet of the proposed conditional use 60 1 or variance a minimum of two (2) placards containing a notice advising the public of the proposed conditional use or variance and the time and place of the hearing. 4. The owners of property within 400 feet of the property on which it is proposed to establish the conditional use or variance may, not later than the day prior to the hearing, file with the City Clerk a written protest which must contain the legal description of the property owned by each protestant, and the City Clerk shall on the same day advise the Chairman of the Planning Commis- sion of the protests so filed. In considering any petition for variances and temporary uses, the members of the Planning Commission shall consider and shall base their decisions upon the following standards: 1. That the granting of this request will not cause deprecia- tion of surrounding property. 2. That the denial of this request will not cause an unneces- sary hardship that is beyond the control of the petitioner. 3. That this request, if granted, will be in conformance with the Comprehensive Plan. The purpose of a variance shall be to prevent discrimination. No variance shall be granted which would have the effect of granting a special privilege not shared by other property in the same vicinity and zoning district. Required Showing for a Variance The City Council may not approve a request for variance unless three or more of the following criteria can be shown to exist: 1. That because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings,the strict application of these regulations is found to deprive the subject property of rights and privileges enjoyed by other properties in the same vicinity and zoning district. 2. That the granting of the variance will not be materially detrimental to the public health, safety or general wel- fare or injurious to the property or improvements in the vicinity and the zoning district which subject property is situated. 3. That the denial of the variance will cause an unnecessary hardship that is beyond the control of the petitioner. 61 f L 4. That the granting of the variance will not adversely affect the intent and purpose of the comprehensive plan. Section 7 Hearing & Appeal of Conditional Use & Variance Applicati ons Notice & Hearing for Variance & Conditional Use Permits Upon filing an application for a Variance or a Conditional Use Permit in which the application sets forth fully the grounds for, and the facts deemed to justify, the granting of the Variance or the Conditional Use Permit, the Planning Commission shall give public notice, as provided in the Laws of the State of Washington and articles in these Regulations which are applicable hereto, of the intention to consider at a public hearing the granting of the Variance or Conditional Use Permit. The Planning Commission shall after said hearing refer it's recommendation to the City Council for final action. Notice of Action on Application When the action of the Council is to approve or deny an applica- tion, the Building Inspector, within fourteen (14) days from the date of such action, shall notify the applicant by forward- ing a copy of the action. Decision of the Council Shall be Final Action of the City Council on applications in regard to Vari- ances and Conditional Use Permits shall be held at public hear- ings and shall be final and conclusive. Requests for Exceptions All applications for exceptions from this Zoning Regulations shall contain all basic information, along with other pertinent facts, maps and data required by the Planning Commission. Permits Void After Six Months All Variance and Conditional Use Permits shall become void six months 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. Section 8 Filing Fees The following fees shall be paid upon the filing of an applica- tion to cover the expense of processing and advertising: Conditional Use, Variance, Special Permit- $ 15.00 Zoning..Rezoning $ 50.00 62 L 111 All applications shall be processed by the Building Inspector prior to tiling. Section 9 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 system- atic execution, and the Planning Commission may recommend such plans, regulations, programs and legislation to the Council for adoption. Section 10 Amendments 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. 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. 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 applica- tion 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. Section 11 Subdividing and Platting The City Council shall review all proposed land plats and sub- divisions 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 and by these Zoning Regulations. 63 Section 12 Enforcement It shall be the duty of the Building Inspector to enforce all provisions of this Ordinance. No oversight or dereliction on the part of the Building Inspector 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 Ordinance. No Permit or license for any use, buildin.j or purpose shall be issuted by any official or employee of the City of Port Angeles if the same would be in conflict with the provisions of this Ordinance or any other Ordinance now in force referring to this Ordinance. Any permit or license so issued shall be null and void. 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 Ordinance, the same is hereby declar- ed 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 corpora- tion from continuing such use, erection, construction, moving or alterating. 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. L Section 13 Entry Upon Private Property The Building Inspector, members of the Commission and the Plan- ning or Engineext staff, in the erformance of their functions and duties,omay rater upon any tan._ a��`d�'sa - 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. 64 ARTICLE XII SEPARABILITY It is hereby declared to be the intention of the City Council that the several provisions of this Zoning Ordinance are separable, in accordance with the following: 1. If any court of competent jurisdiction shall adjudge any provision of this Zoning Ordinance to be invalid, such judgment shall not affect any other provision of this Zoning Ordinance not specifically included in said judgment. 2. If any court of competent jurisdiction shall adjudge invalid the application of any provision of this Zoning Ordinance to a particular property, building or other structure, such judgment shall not affect the application of said provision to any other property, building or structure not specifically included in said judgment. ARTICLE XIII VIOLATIONS AND PENALTIES Any person, firm or corporation violating any provisions of this Ordinance 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 Ordinance is committed, continued or per- mitted by such person, firm or corporation, and shall be punishable as herein provided. g" ,435Itid;? 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