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HomeMy WebLinkAbout2265ORDINANCE NO. v9,a(05 AN ORDINANCE of the City of Port Angeles amending the Home Occupation Zoning Regulations; amending Article II of Ordinance No. 1709; and amending Sections 4 and 5 of Ordinance No. 2103. THE CITY COUNCIL OF THE CITY OF PORT ANGELES DOES ORDAIN as follows: Section 1. Article II of Ordinance No. 1709, is hereby amended to read as follows: 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. Words used in the present tense shall include the future; words used in the singular shall include the plural, and the plural shall include the singular. b. The word "shall" is mandatory and not discretionary. c. The word "may" is permissive. d. The word "lot" shall include the words "piece" and "parcel "; the word "building" includes all other structures of every kind regardless of similarity to buildings; and the phrase "used for" shall include 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 green- house. 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 activities, unless such storage is excluded by the district regulations. 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 multiple 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 Use "). 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 building 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 into the structure: it is open on two or more sides. Commission - the appointed Planning Commission. Conditional Use Permit - a limited permission to locate a particu- lar use at a particular location, and which limited permission is required to modify the controls stipulated by these Regulations in such degree as to assure that the particular use shall not prove detrimental to surrounding properties, shall not be in conflict with the comprehensive plan and shall not be contrary to the public interest. 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 Conditional 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. -2- Dump - an area devoted to the disposal of refuse, incineration, reduction or dumping of ashes, combustible or non - combustible refuse. Duplex - a residential building containing two dwelling units within the four walls of the building. Dwelling - a building, or portion thereof, but not an automobile house trailer, designed or used exclusively for residential occupancy, including one - family dwellings, two - family dwellings and multi - family dwellings, but not including hotels, motels or lodging houses. Dwelling Unit - One or more rooms which are arranged, designed or used as living quarters for one family only. Individual bathrooms are not necessarily provided, but complete single kitchen facilities, permanently installed, shall always be included for each dwelling unit. including garbage, one - family Dwelling, One - family - only. Dwelling, Two- family - only. Dwelling, Multi - family ing three or more a building containing one dwelling unit a building containing two dwelling units - a building or a portion thereof contain - 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, partition, 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 - is an occupation or business activity which results in a product or service and is conducted in whole or in part in the dwelling unit, and is clearly subordinate to the residential use of the property. 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 provisions of law to offer facilities, care and treatment for cases of mental and nervous disorders and alcoholics. -3- Junk Yard - an open area where waste or scrap materials are bought, sold, exchanged, stored, baled, packed, disassembled or handled, including but not limited to scrap iron and other metals, paper, rags, rubber tires and bottles. A junk yard includes an auto wrecking yard but does not include uses established within enclosed buildings. 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 pub- lic 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. Motel - an establishment consisting of a group of living or sleeping accommodations with bathroom, with or without kitchen facilities, located on a single zoning lot and designed for use by transient tourists. 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 amendments 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 territory 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 erected 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 con- ducted 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. Public Open Space - any public owned open area; parks, play- grounds, playfields, beaches, waterways, parkways, boule- vards, 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 intended 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 struc- ture, including the projections beyond the walls or supports. Service Station - an establishment which provides for the servic- ing of motor vehicles and operations incidental thereto, limited to the retail sale of petroleum products and auto- mobile accessories; automobile washing (not including auto laundry); waxing and polishing of automobiles; tire changing and repair (not including recapping); battery service, charging and replacement (not including repair and rebuild- ing); radiator cleaning and flushing (not including steam cleaning and repair); installation of accessories; and the following operations if conducted wholly within a building: lubrication of motor vehicles, brake servicing, wheel balancing, the testing and replacement of carburetors, coils, condensers, fan belts, wiring, water hoses and similar parts. -5- Stable, Private - a detached accessory building in which only the horses and cows owned by the occupants of the premises are kept, and in which no horses and cows are kept for hire, remuneration or sale. 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. 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 automobile 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 rigid supports. Use - the purpose or activity for which the land, or building thereof, is designed, arranged or intended, or for which it is occupied or maintained and shall include any manner of performance of such activity with respect to the performance standards of these zoning regulations. 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 deprived of privileges commonly enjoyed by other properties in the same vicinity and zone. Yard - an open space on a zoning lot which is unoccupied and un- obstructed from its lowest level to the sky, except as otherwise permitted in the Permitted Intrusions in Required Yards in these regulations. A yard extends along and at right angles to a lot line to a depth or width specified in the yard regulations for the zoning district in which such zoning lot is located. Yard, Front - extends along the full length of the front lot line, between the two side lot lines and to the closest building on the same lot, or to a distance designated in zoning regulations. -6- Yard, Rear - extends along the full length of the rear lot line, between the two side lot lines and to the closest principal building on the same lot, or to a distance designated in zoning regulations. 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 classi- fied by the zoning regulations as available for certain types of uses, and 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. Section 2. Section 4 of Ordinance No. 2103 is hereby amended to read as follows: Section 4. Section 17.86.012 DEFINITIONS A. "Home Occupation" is an occupation or business activity which results in a product or service and is conducted in whole or in part in the dwelling unit, and is clearly subordinate to the residential use of the property. B. "Commercial Vehicle" is a licensed (according to tonnage), motorized vehicle designed for transportation of commodities, merchandise, produce, freight, animals or passengers, and operated in conjunction with a business, occupation or home occupation. This term shall include, but is not limited to, automobiles, trucks, tractor /trailers, and vans. Section 3. Section 7 of Ordinance No. 2103 is hereby amended to read as follows: Section 7. Section 17.86.040 DEVELOPMENT STANDARDS. All Home Occupations in dwelling units and accessory buildings shall comply with the following development standards: A. There shall be no exterior display, no exterior sign, no exterior storage of materials (not including commercial vehicles), and no other indication or appearance of a business that would detract from the residential character of the area. B. If the operation is the type where customers or clients come to the home, the Planning Commission and City Council shall determine the number of visitations per day that is compatible with the area. C. If customers or clients visit the home, the hours of operation shall be from 9:00 AM to 5:00 PM, unless otherwise specified by the Planning Commission and City Council. D. If the operation is the type in which classes are held or instruction given, the Planning Commission and City Council shall determine the number of students per day that is compatible with the area. E. Employees working on the premises shall be limited to members of the family residing in the dwelling unit, unless otherwise specified by the Planning Commission and City Council; PROVIDED that the number of non - family employees shall not exceed one. -7- • • F. On- premise retail sale of goods not produced, processed or fabricated in the dwelling unit shall not be per- mitted. G. Home Occupations shall be conducted in whole or in part in the dwelling unit but not exclusively in an acces- sory building ; PROVIDED that the dwelling unit and accessory building in which the Home Occupation is conducted shall occur on the same parcel. Section 3. 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 (ictday of ATTEST: , 1983. •r4 C' y Clerk ter. ►,. A , APPROV = AS TO FORM: Craig D. Kn'tson, City Attorney PUBLISHED: i 0 R M A