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HomeMy WebLinkAbout2228ORDINANCE NO. 0'<1,�C AN ORDINANCE of the City of Port Angeles establishing requirements for the number of off - street parking spaces required by various land uses, providing requirements for development of those parking spaces, establishing procedures for administration of the Ordinance, providing penalties for violation, and amending Sections 1 through 12 of Ordinance 1588, Sections 1 through 6 of Ordinance 2028, Section 1 of Ordinance 2081, Section 1 of Ordinance 2097, Sections 1 and 2 of Ordinance 2121, and Section 1 of Ordinance 2184, and adding a new Chapter to the Port Angeles Municipal Code. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PORT ANGELES as follows: Section 1. Section 1 of Ordinance 1588 is hereby amended to read as follows: Section 1 - Definitions. (1) The following terms shall have the designated meanings for the purposes of this Ordinance, unless the context indicates otherwise: A. Standard car parking space - 1661 square feet of parking lot area, 9' x 18'6" minimum in size, having adequate access to a public street. No part of any street right -of -way shall be considered part of any standard car parking space. B. Compact car parking space - 120 square feet of parking lot area, 8' x 15' minimum in size, having adequate access to a public street. No part of any street right -of -way shall be considered part of any compact car parking space. C. Loading space - a space located adjacent to a building, and large enough in area so that any truck or other vehicle loading or unloading at such building will not project into a street right -of -way. D. Floor area - the leasable or habitable floor area or space in a dwelling or building, excluding bathrooms, toilet compartments, closets, halls, maintenance and cleaning supply rooms, and equipment and machinery rooms not used directly in the manufacture, production, storage, or sale of goods or services. (2) All other terms used in this Ordinance shall have the meaning given to them by Ordinance 1709, as now enacted, or hereafter amended, unless the context indicates otherwise. Section 2. Section 2 of Ordinance 1588 is hereby amended to read as follows: Section 2 - Parking Space Requirements - Generally. For all land uses there shall be established and maintained permanent off- street parking spaces, either on the zoning lot of the use, or within 100 feet of the property boundaries of the zoning lot. The required number of parking spaces shall be determined as follows: (1) The number of required spaces shall be determined by reference to Sections 3 to 8. (2) If applicable, Sections 11 through 14 shall then be used to determine whether the number of spaces required by Subsec- tion 1 of this Section is modified. Section 3. Section 3 of Ordinance 1588 is hereby amended to read as follows: Section 3 - Parking Space Requirements - Commercial. (1) Banks, business and professional and governmental offices shall provide 1 parking space for each 200 square feet of floor area of the building. (2) Bowling alleys shall provide 6 parking spaces for each alley. 4 (3) Child care services or day care centers, as defined in Chapter 388 -73 WAC, as now enacted or hereafter amended, shall provide 2 parking spaces plus 1 unloading space for -2- those services or centers serving 12 or fewer children, and 1 parking space per employee plus 2 parking spaces for unloading, for those services or day care centers serving more than 12 children. (4) Churches, mortuaries and funeral homes, shall provide 1 parking space for each 6 seats in the chapel. (5) Dance halls shall provide 1 parking space for each 50 square feet of floor area of the building. (6) Food stores, markets and shopping centers shall provide 1 parking space for each 200 square feet of floor area of the building, with a minimum of 10 parking spaces. (7) Hotels and motels shall provide 1 parking space for each sleeping unit. (8) Research, bio- chemical, X -ray and dental laboratories shall provide 1 parking space for each 200 square feet of floor area. (9) Medical, optometrical and dental clinics and /or offices shall provide 6 parking spaces for each doctor. (10) Other retail establishments, such as furniture, appliance, hardware stores, household equipment, service shops, clothing or shoe repair shops, snall provide 1 parking space for each 200 square feet of floor area of the building, with a minimum of 6 spaces. (11) Restaurants, taverns, and any establishment for the sale and consumption on the premises of food, alcoholic beverages or refreshments, shall provide 1 parking space for each 100 square feet of floor area of the building, with a minimum of 10 spaces. (12) Skating rinks and other commercial recreation places shall provide 1 parking space for each 200 square feet of floor area of the building. (13) Telephone exchanges shall provide 1 parking space for each employee, with a minimum of 6 spaces. -3- • • (14) Theaters shall provide 1 parking space for each 3 theater seats. (15) Trucking and transportation terminals shall provide a minimum of 10 parking spaces. (16) Wholesale stores, warehouses, storage buildings, and motor vehicles or machinery sales stores shall provide 1 parking space for each 2 employees, with a minimum of 10 spaces. Section 4. Section 4 of Ordinance 1588 is hereby amended to read as follows: Section 4 - Parking Space Requirements - Industrial. Manufacturing uses, including creameries, soft drink bottling establishments, bakeries, canneries, printing and engraving shops shall provide 1 parking space for each 3 employees, with a minimum of 10 spaces. Section 5. Section 5 of Ordinance 1588, Section 1 of Ordinance 2028, Section 1 of Ordinance 2121, and Section 1 of Ordinance 2184, are each amended to read as follows: Section 5 - Parking Space Requirements - Public and Institutional Uses. (1) Clubs, fraternal societies, places of assembly, and exhibition halls, without fixed seats shall provide 1 parking space for each 50 square feet of floor area of the building. (2) Hospitals shall provide 1 parking space for each bed. (3) Libraries shall provide 1 parking space for each 200 square feet of floor area, with a minimum of 10 spaces. (4) Museums shall provide 1 parking space for each 300 square feet of floor area. (5) Outdoor sports area or parks without fixed seats shall provide parking spaces as determined by Planning Commission review. (6) Parks and playgrounds shall provide parking spaces as determined by Planning Commission review. -4- (7) Preschools and kindergartens shall provide a minimum of 10 parking spaces. (8) Public and private golf clubs shall provide a minimum of 40 parking spaces. (9) Public swimming pools shall provide 10 parking spaces for each 1,000 square feet of pool surface area. (10) Riding academies shall provide 1 parking space for each 100 square feet of floor stable area. (11) Elementary schools shall provide 1 parking spaces for each classroom. (12) Junior high schools shall provide 3 parking spaces for each classroom. (13) Senior high schools shall provide 6 parking spaces for each classroom. (14) Junior colleges shall provide 8 parking spaces for each classroom. (15) Stadiums, sports areas, auditoriums, and other places of assembly, shall provide 1 parking space for each 3 seats. Section 6. Section 6 of Ordinance 1588, Section 2 of Ordinance 2028, and Section 1 of Ordinance 2081 are each amended to read as follows: Section 6 - Parking Space Requirements - Residential Uses. (1) Dormitories and apartment dormitories, shall provide 2 parking spaces for each sleeping unit. (2) Rooming and lodging houses shall provide 1 parking space for each sleeping unit. (3) Sanitariums, convalescent homes, nursing homes, rest homes, and homes for the elderly, shall provide 1 parking space for each 3 beds. (4) Single family, two and three family dwellings, and apartment buildings, shall provide 2 parking spaces per dwelling unit. (5) Trailer parks shall provide 2 parking spaces for each trailer -5- space. Section 7. Section 7 of Ordinance 1588 is hereby amended to read as follows: Section 7 - Parking Space Requirements - Unspecified Uses. If a use is not otherwise specifically mentioned in Sec- tions 3 through 6 of this Ordinance, the requirements for off - street parking facilities shall be the same as the requirements for off - street parking of the use which, as determined by the Planning Director, has the most similar parking need and land use characteristics. Section 8. Section 8 of Ordinance 1588 is hereby amended to read as follows: Section 8 - Parking Space Requirements - Compact Allowance. When more than 10 off - street parking spaces are required for a particular use, up to 50% of the required spaces may be compact car parking spaces. Section 9. Section 9 of Ordinance 1588 is hereby amended to read as follows: Section 9 - Mixed Uses. In the case of a mixture of uses on one zoning lot or in one building, the total requirements for off - street parking facilities shall be the sum of the re- quirements for the various uses computed separately. Off- street parking facilities for one use shall not be considered as provid- ing required parking facilities for any other use, except as may be provided in Section 10 of this Ordinance. Section 10. Section 10 of Ordinance 1588 and Section 2 of Ordinance 2121 are each amended to read as follows: Section 10 - Cooperative Provisions. Parking facilities may be cooperatively used by different land uses, when the times of the use of such parking spaces by each use are non - simultaneous. Section 11. Section 11 of Ordinance 1588 and Section 3 of Ordinance 2028 are each amended to read as follows: Section 11 - Parking Space Requirement Modification - New Uses in New Building. For any new use in a new building, the required number of parking spaces shall be determined by the requirements of Sections 3 through 8. Section 12. Section 12 of Ordinance 1588, Section 4 of Ordinance 2028, and Section 1 of Ordinance 2097 are each amended to read as follows: Section 12 -- Parking Space Requirement Modification - New Uses in Existing Structures. For a change in the use of an existing building or structure, which change does not enlarge the floor area, the off- street parking space requirements of Sections 3 through 8 of this Ordinance shall apply to the new use; provided, however, that a change in the use of a building or structure constructed prior to June 2, 1966, which building or structure cannot meet the off - street parking requirements of this Ordinance, shall be allowed, if the number of off - street parking spaces required for the new use, as determined by Sections 3 through 8, does not exceed the greater of: (1) the number of off - street parking spaces available for the use of the property on June 2, 1966, or (2) the requirement of Sections 3 through 8 for the existing use of the building. Section 13. Section 13 of Ordinance 1588 and Section 5 of Ordinance 2028 are each amended to read as follows: Section 13 - Parking Space Requirement Modification - Expansion of Existing Uses in Existing Structures. For an expansion in the use of an existing building or structure which enlarges the floor area, additional parking spaces need not be established, if the following requirements are met: (1) The use and structure or building, prior to its enlargement or increase in floor area, is in conformance with the parking space requirements of this Ordinance; -7- (2) No previous modifications of parking space requirements authorized by. this Section of this Ordinance have been utilized; (3) The number of parking spaces required by the floor area of the addition, together with those required by the floor area of the existing building, will not exceed 115% of the spaces required for the expansion of the use or building. If the number of spaces required exceeds 115 %, the required spaces in excess of 115% shall be established and maintained. Section 14. Section 14 of. Ordinance 1588 and Section 6 of Ordinance 2020 are each amended to read as follows: Section 14 - Parking Space Modification Requirements - Existing Uses in Existing Structures. Existing uses occupying existing structures or buildings as of the effective date of this Ordinance may continue until there is a change in use. Section 15. A new section is hereby added to Ordinance 1588 as follows: Section 15 - Improvement of Parking Spaces. (1) Any parking spaces provided to comply with the terms of this Ordinance, other than for single- family detached residences, shall be improved in accordance with the following require- ments: A. They shall be contoured and drained so as to collect the drainage on the site, and discharge the drainage by an approved method to an approved drainage collection system. B. They shall be graded and paved with a hard surface pavement of Portland cement concrete, asphaltic concrete with a structurally adequate base, or other hard - surface pavement acceptable to the Director of Public Works. Wheel stops shall be installed where necessary, to prevent encroachment upon public rights -of -way. -8- • • (2) The City may grant permission for temporary occupancy of a building or structure, even though the parking spaces required by Subsection (1) of this Section have not been fully completed; provided, that an improvement bond acceptable as to form and amount by the City Engineer and the City Attorney is posted in the amount of the estimated value of the construction of the parking facilities. Before granting such temporary occupancy, the Director of Public Works must determine that construction of the parking facilities prior to occupancy of the building would not represent sound construction practice, due to weather conditions, availability of materials, and /or difficult site conditions, and the acceptance of such bond is therefore appropriate. Improvement bonds may be accepted for a period not to exceed twelve (12) months. During the period before final completion of the improvements, the parking facilities provided shall at least be graded and graveled and be maintained in a good condition. (3) Uses requiring six or fewer spaces may occupy a building or zoning lot for up to twelve (12) months before compliance with Subsection (1)(B) of this Section, provided the parking facilities shall at least be graded and graveled and be maintained in a good condition. At the end of the 12 -month period, the parking facilities must be in compliance with Subsection (1)(B) of this Section, or a bond must have been provided and accepted, in accordance with Subsection (2) of this Section. Section 16. A new section is hereby added to Ordinance 1588 as follows: Section 16 - Parking Space Requirements - Variances. (1) A variance from the parking space requirements of this Ordinance, either as specifically provided by Sections 3 through 6 and 8, or as determined by the Planning Director -9- for an unspecified use under Section 7, may be granted on written request to, and after a public hearing by, the Port Angeles Planning Commission. The Planning Commission may impose such conditions upon the variance as it deems neces- sary to comply with the purpose of this Ordinance. (2) Such public hearing shall be conducted in accordance with the procedures for a public hearing on the Zoning Ordinance of the City of Port Angeles. (3) The determination of the Planning Commission shall be subject to review by the City Council, upon the record before the Planning Commission. The City Council may affirm, affirm with further conditions, or reverse the decision of the Planning Commission. The Council's decision shall be in writing. Section 17. A new section is hereby added to Ordinance 1588, as follows: Section 17 - Building Permits. Before the granting of a building permit for any new building or structure, or for any enlargement or change of use in any existing building or struc- ture, where the proposed use is subject to the requirements of this Ordinance, the applicant for said building permit shall comply with the requirements of this Ordinance. Compliance shall consist of either of the following: (1) Proof of the existence of, or the acceptance by the City of a bond for the off - street parking spaces required by this Ordinance; or (2) Proof that the applicant is a participant in a parking association which provides the total number of off - street parking spaces which would otherwise be required from each of the individual participating uses. Section 18. A new section is hereby added to Ordinance 1588, as follows: Section 18 - Use of Parking Spaces. Subsequent to the issuance of a building permit, the number and location of parking spaces used to satisfy the requirements of this Ordinance shall not be changed, nor shall the use of the building or structure for which the permit is issued be changed, without the issuance of a revised building permit, including compliance with the requirements of this Ordinance. Parking spaces used by a land use to satisfy the requirements of this Ordinance shall only be used for the parking of vehicles of customers and other users of the building and land use authorized by the building permit, and any permanent change in the use from that purpose shall require a revised building permit. Section 19. A new section is hereby added to Ordinance 1588, as follows: Section 19 - Revocation of Permit (1) A building permit issued pursuant to the terms of this Ordinance shall be revocable by the City Manager, or his designee, for violation of any of the provisions of this Ordinance. Notice of the revocation of such permit shall be given in writing, by ordinary mail, directed to the address of the permit holder, as shown on the permit application. (2) Upon revocation, the permit holder shall have a right of appeal to the City Council. The holder shall, within ten (10) days of the notice of revocation, give notice to the City Clerk, in writing, the permit holder's intention to appeal the revocation to the City Council. The Clerk shall place the permit holder's appeal on the agenda of the next regularly scheduled City Council meeting, and forthwith inform the permit holder, in writing, the date, time, and location of the meeting. (3) The City Council shall hold a public meeting, at which the permit holder may present testimony as to his compliance with the terms of this Ordinance. -11- • • (4) The City Council shall make written findings of fact, as to the basis of any decision which it makes. The City Council may sustain the revocation of the permit, reinstate the permit with - conditions, reinstate the permit after a time certain, or immediately reinstate the permit. Section 20. A new section is hereby added to Ordinance 1588, as follows: Section 20 - Penalty Clause. Any person in charge of premises which violate any of the terms of this Ordinance shall be prosecuted for the commission of a misdemeanor, for each day he is in violation thereof. Section 21. Sections 1 through 19 of this Ordinance shall constitute a new Chapter in Title 14 of the Port Angeles Municipal Code. Section 22. Severability. If any of the provisions of this Ordinance, or its application to any particular person or circumstances are held invalid, such invalidation shall not apply to the application of the Ordinance to other individuals, or to the remainder of the sections of this Ordinance. Section 23. Effective Date. This Ordinance shall take effect as provided by law. PASSED by the City Council of the City of Port Angeles at a regular meeting of said Council held on the /19 day of ATTEST: 1982. a Marian C. Parrish, City Clerk APPROVED AS TO FORM: aig tiller, City A torney PUBLISHED: �,ez1-024 /,P -12-