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HomeMy WebLinkAbout2636ORDINANCE NO. 2636 AN ORDINANCE of the City of Port Angeles amending the Zoning Code, Ordinance 1709, as amended, by defining the purpose of certain conditional use chapters, adding chain saw sales and service as a permitted use in the ACD and LI Zones, adding various types of conditional uses in the CSD -C Zone, allowing discretion to the types of conditional uses that may be permitted in residential, commercial and PBP Zones, regulating temporary signs, modifying enforcement and procedural provisions, and amending Chapters 17.10, 17.11, 17.18, 17.20, 17.26, 17.28, and 17.32, and Articles I, IV, VIII, IX, X, and XI. THE CITY COUNCIL OF THE CITY OF PORT ANGELES DOES ORDAIN as follows: Section 1. Article I of the Zoning Code, Ordinance 1709, as amended, is hereby amended to read as follows: ARTICLE I 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, reconstruc- tion, alteration, and use of buildings, structures and land for residential, business, commercial, manufacturing, 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 surrounding 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 off - street 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 concentration of structures so far as is possible and is appropriate in each district, by regulating the use and the bulk of build- ings in relation to the land surrounding them. -1- 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 incompatible with the character of development or the permitted uses within specified zoning districts. 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. 12. Zoning Intentions: RS -7 Zone - The purpose of the RS -7 District is to create and preserve urban single- family residential neighborhoods consisting of predominantly single - family homes on standard Townsite -size lots. Uses which are compatible with and functionally related to a single - family residential environ- ment may also be located in this district. RS -9 Zone - The purpose of the RS -9 District is to create and preserve suburban single - family residential neighbor- hoods consisting of predominantly single- family homes on larger than standard Townsite -size lots. Uses that are compatible with and functionally related to a single- family residential environment may be located in this District. RMF Zone - This zone is the designated area for multi - family residential structures. Compatible uses may be allowed on Conditional Use Permits but the zone is still regarded as a residential area, and commercial enterprises are not generally felt to be compatible. PRD District - This District is to provide alternative zoning regulations which permit and encourage design flexibility, conservation of natural amenities, and innovation in residential developments. It is intended that a Planned Residential Development will result in a residen- tial environment of higher quality than traditional lot -by- lot development by use of a design process which includes within the site design all the components of a residential neighborhood, such as open space, circulation, building types, and natural features, in a manner consonant with the public health, safety, and welfare. HO Section - The Home Occupation Conditional Use is to ensure that an occupation or business undertaken within a dwelling unit located in a residential use district is incidental to the primary use and is compatible with the residential character of the neighborhood. RTP Zone - This zone is intended for mobile home occupancies only. Conventional dwellings are excluded, but the area is regarded as essentially residential in character. OC District - It is for those business, office, administra- tive, or professional uses which do not involve the retail -2- sale of goods, but rather provide a service to clients, the provision of which does not create high traffic volumes, involve extended hours of operation, or contain impacts that would be detrimental to adjacent residential areas. CSD N Zone A ncighborhood Shopping arca, laid out as a planned development with buoincooc3 oricntcd solely to 3crving the day to day needs of surrounding rcoidcntial zoncs a3 oppoocd to commercial bu3incao activities, automotive oricntcd businesses, or industrial oricntcd businesses. CN District - The purpose of the Neighborhood Commercial District, which shall also be known as CN, is to create and preserve areas for business that provide the goods and services for the day -to -day needs of the surrounding residential areas. Such a District shall be located and designed to encourage both pedestrian and vehicular access and to be compatible with adjacent residential neighbor- hoods. CSD-Cl Zone - This zoning is essentially the same as the CSD -N zone with the difference being lack of planned development as a single project. It represents those areas where businesses occur on small sites and are of the type providing goods and services required daily by the surrounding residential zones. CSD -C2 Zone - This zone is also oriented primarily to those businesses serving the immediate needs of the surrounding residential zones but is slightly less restrictive than the CSD-Cl zone and as such provides a transition area from the most restrictive commercial zones to those of lesser restrictions. CBD Zone - To strengthen and preserve the area commonly known as the Downtown for major retail, service, financial, and commercial operations that serve the entire community, the regional market, and tourists. It is further the purpose of this District to establish standards to improve pedestrian access and amenities and to increase public enjoyment of the shoreline. ACD Zone - To create and preserve areas for business serving the entire City that need an arterial location because of the nature of the business or intensity of traffic generated. LI Zone - To create and preserve areas for industrial uses in a planned, park -like setting, in close proximity to airports and highways. M -2 Zone - The least restrictive industrial area intended to be the area in which heavy industry could develop causing the least friction with other land uses. PBP Zone - A zoning designation for publicly -owned property, or property not suitable for development by reason of its topography, geology, or some unusual condition or situation. Much of the land so designated may best be left as "green belts ". Bed and Breakfast Conditional Use - The purpose of the bed and breakfast conditional use is to ensure the bed and -3- breakfast is compatible with its surrounding properties, and when located in a residential neighborhood, to preserve the residential character of the neighborhood and the surround- ing residences. Home Occupation Conditional Use - The purpose of the Home Occupation Conditional Use is to ensure that an occupation or business undertaken within a dwelling unit located in a residential use district is incidental to the primary use and is compatible with the residential character of the neighborhood. Retail Stand Conditional Use - The purpose of this Chapter is to ensure that retail stands are appropriately located in the commercial and public building areas, are compatible with the uses allowed in such areas, and are conducive to the public health, safety, and welfare, and to promote the diversity of retail stand activity. Adult Entertainment Conditional Use - The purpose of this Chapter is to ensure that adult entertainment businesses are appropriately located and operated within the City of Port Angeles, are compatible with uses allowed within the City, and are conducive to the public health, safety, and welfare. Section 2. Section 17.10.040 of the Zoning Code, Ordinance 1709, as amended, is hereby amended to read as follows: 17.10.040 CONDITIONAL USES A. Agricultural nurseries and greenhouses. B. Art galleries and museums. C. Churches. D. Communications transmission buildings and structures; e.g., radio tower. E. Day -care centers, mini day -care centers, and pre- schools. F. Duplexes. G. Group homes and hospices. H. Home occupations. I. Libraries. J. Nursing and convalescent homes. K. Public parks and recreation facilities. L. Public utility structures. M. Public and private schools. N. Radio and television stations, provided that antenna is on site. O. Other uses compatible with the intent of this Chapter. Section 3. Section 17.11.040 of the Zoning Code, Ordinance 1709, as amended, is hereby amended to read as follows: 17.11.040 CONDITIONAL USES A. Agricultural nurseries and greenhouses. B. Art galleries and museums. C. Churches. D. Communications transmission buildings and structures; e.g., radio tower. E. Day -care centers, mini day -care centers, and pre - schools. F. Duplexes. -4- G. Group homes and hospices. H. Home occupations. I. Libraries. J. Nursing and convalescent homes. K. Public parks and recreation facilities. L. Public utility structures. M. Public and private schools. N. Radio and television stations, provided that antenna is on site. O. Other uses compatible with the intent of this Chapter. Section 4. Section 17.18.010 of the Zoning Code, Ordinance 1709, as amended, is hereby amended to read as follows: 17.18.010 PURPOSE. The purpose of the bed and breakfast conditional use is to ensure the bed and breakfast that transicnt fling unit locatcd in a rcsidcntial district is compatible with its surrounding properties, and when located in a residential neighborhood, to preserve the residential character of the neighborhood and the surrounding residences. ZZ Section 5. Section 17.20.160 of the Zoning Code, Ordinance 1709, as amended, is hereby amended to read as follows: 17.20.160 CONDITIONAL USES. A. Uses requiring review and approval by the Planning Commission and City Council and compliance with Ordinance No. 1709, as amended: Churches Buildings or development necessary for the operation of a public utility Business colleges; music, art, and dance schools Child nurseries, day care centers Rest, retirement and convalescent homes Detoxification centers Beauty shops and barber shops Businesses selling medical supplies, goods, instruments, medicine and similar items. Other uses compatible with the intent of this Chapter. Section 6. Sections 17.26.040 and 17.26.160 of the Zoning Code, Ordinance 1709, as amended, are hereby amended to read as follows: 17.26.040 PERMITTED USES: A. RETAIL: 1. Auto supply stores, service stations, self - service gas islands, and tire shops. 2. New and used dealerships of automobiles, trucks, trailers, motorcycles, recreational vehicles, tractors, including sales, leasing, and related servicing. 3. Boat and marine sales, and related servicing. 4. Building material stores, cabinet shops, glass stores, hardware stores, lumber yards, paint stores, and plumbing supply stores. 5. Commercial recreation establishments, such as bowling alleys, night clubs, pool halls, theaters (movie and others). -5- 6. Farm equipment stores, garden supply stores, nurseries. 7. Food and beverage establishments, such as cocktail lounges, cafes, cafeterias, drive -in restaurants, restaurants, take -out lunch stands, and taverns; provided that drive -in restaurants, restaurants with cocktail lounges and taverns, all of which have direct customer access to an alley abutting residentially zoned property, shall be conditional uses. 8. Food item retail sales outlets, such as bakeries, candy stores, delicatessens, grocery stores, liquor stores, meat and fish markets, and supermarkets. 9. General merchandise stores, such as catalogue sales stores, clothing and shoe stores, department stores, drug stores, second -hand stores, antique stores, pawn shops, sporting goods stores, and variety stores. 10. Household furnishings stores, such as appliance stores, furniture stores, office equipment stores, and stereo stores. 11. Motels, hotels and hostels. 12. Specialty stores, such as bicycle, book, computer, florist, gift, hobby and toy, and pet stores. 13. Chain saw sales and service. B. SERVICES 1. Art, dance, voice, and music schools. 2. Business colleges and trade schools. 3. Business services, such as accounting, tax, employment, and management consulting services. 4. Financial services, such as bail bond stores, banks, finance offices, insurance companies, real estate offices, stock brokerages, and title companies. 5. Furnishings repair shops, such as upholstering and reupholstering shops. 6. Governmental offices and social service agencies. 7. Commercial laundries, dry cleaning shops, self - service laundries, and tailor shops. 8. Personal services, such as barber shops, beauty shops, exercise and reducing studios, and travel agencies. 9. Professional services, such as architectural, dental, engineering, legal, medical, medical and dental labs, and planning services. 10. Repair services, such as appliance repair, shoe repair, and TV and stereo repair services. 11. Printing, blueprinting, photo developing and reproduction, and sign shops. C. INSTITUTIONAL 1. Clubs and lodges. D. RESIDENTIAL 1. Apartments on second floor or above. E. TRANSPORTATION AND COMMUNICATION 1. Convention centers, auditoriums. 2. Ferry, seaplane, airplane, helicopter, offices and terminals. 3. Mass transit terminals. 4. Parcel delivery service. 5. Radio, TV stations, and news buildings. 6. Vehicular services, such as ambulance service, automotive and truck rentals, and vehicle maintenance and repair shops, not including body and paint shops. -6- F. WHOLESALE 1. Storage services, such as frozen food and cold storage lockers, mini - warehouses, transfer, moving and storage facilities. 2. Warehouse buildings and yards. 3. Wholesale businesses. G. MIXED COMMERCIAL /RESIDENTIAL 1. Developments consisting of both commercial and residential uses and located on arterial streets, with a minimum of 500 square feet and 50% street frontage dedicated to commercial use. 17.26.160 CONDITIONAL USES. A. Buildings or development necessary for the operation of a public utility. B. Churches. C. Day care centers and pre - schools. D. Drive -in restaurants, restaurants with cocktail lounges and taverns, all of which have direct customer access to an alley abutting residentially zoned property. E. Independent off - street parking structures and lots. F. Licensed wrecking yards. G. Massage parlors, saunas and steam baths, as primary use. H. Parks and public piers. I. Recreational vehicle courts and parks. J. Retail stands, subject to Ordinance No. 2070 (Chapter 17.87). K. Salvage stores and yards, recycling stores. L. Shopping malls, exceeding 63,000 square feet in land area. M. Social service agencies providing 24 -hour residential care. N. Vehicle body and paint shops. O. Veterinary clinics, offices and kennels, provided: 1. buildings and structures are soundproof. 2. all run areas are surrounded by an 8 -foot solid wall or 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 local health department is installed. P. Other uses compatible with the intent of this Chapter. Section 7. Section 17.28.160 of the Zoning Code, Ordinance 1709, as amended, is hereby amended to read as follows: 17.28.160 CONDITIONAL USES: A. Marine fueling stations. B. Supermarkets. C. Boat sales, marine items, and related servicing. D. Glass stores. E. Retail food stands, subject to Chapter 17.87 of the Zoning Ordinance. F. Day care centers. G. Social service agencies providing 24 -hour residential care. H. Buildings necessary for the operation of a public utility. I. Churches. J. Parks and Public Piers. K. Rest, retirement, nursing, and convalescent centers. L. Independent off - street parking lots and structure. M. Shopping malls over 63,000 square feet. N. Self - service gas islands. -7- 0. Other uses compatible with the intent of this Chapter. Section 8. Section 17.32.020 of the Zoning Code, Ordinance 1709, as amended, is hereby amended to read as follows: 17.32.020 PERMITTED USES. A. Manufacturing: 1. Clothing, shoes, and garments. 2. Electrical, electronic, and communications equipment. 3. Handicrafts, jewelry, musical instruments, and toys. 4. Assembly of machinery, such as but not limited to engines, vehicles, boats, aircraft, and parts thereof. 5. Medical, dental, optical, and orthopedic instruments and appliances. 6. Assembly of metal products, such as small arms, pens, office furniture, tools, and household appliances. 7. Plastic and other synthetic products. 8. Pharmaceutical and drug products 9. Wood products, such as cabinets, furniture, fixtures, and pre- fabricated building components. 10. Assembly of mobile and modular homes and home components. B. Retail: 1. Auto and truck service stations. 2. Retail establishments accessory to building materials, electrical, and plumbing supplies. 3. Restaurants and cafes. 4. Cocktail lounges and taverns. 5. Chain saw sales and service. C. Wholesale Distribution: 1. Warehouse buildings and yards. 2. Wholesale businesses. D. Services: 1. Building maintenance and janitorial services. 2. Laundry and dry cleaners. 3. Machinery maintenance and repair shops. 4. Mini - warehouses. 5. Professional services, such as architectural, construction and engineering offices. 6. Research and development laboratories. 7. Storage yards and maintenance shops for builders, contractors, and governmental agencies. E. Transportation and Communication: 1. Airports, airport terminals, and related facilities. 2. Freight companies. 3. Household moving and storage. 4. Independent off - street parking structures and lots. 5. Mass transit terminals. 6. Parcel delivery service. 7. Printing, publishing, and book - binding. 8. Vehicular services, such as automotive and truck rentals, vehicle maintenance and repair shops, and vehicle body and paint shops. 9. Utility buildings and structures. Section 9. Article IV, Section 3, of the Zoning Code, Ordinance 1709, as amended, is hereby amended to read as follows: Section 3 RMF - RESIDENTIAL MULTI- FAMILY DISTRICT Permitted Uses Single - family residences, non - commercial gardens, greenhouses, orchards, private garages, carports, swimming pools, and cabanas. Multi- family dwellings, apartments, duplexes, dormitories, mortuaries, funeral parlors. Conditional Uses Duplexes, public parks, churches, golf courses, public and private schools, libraries, utility buildings and structures, hospitals, and rest homes. Boarding and rooming houses, business parking, motels, and publicly subsidized senior housing developments at a maximum of 58 units per acre. Other uses compatible with the intent of this section. Minimum Lot Area 7,000 sq.ft. plus 1,000 sq.ft. for each additional dwelling unit. Minimum Yard Requirements Front: 25 feet from front lot line. Sides: No structure shall be permitted closer than 7 feet to any side lot line on the front two thirds of the lot. Detached accessory buildings only, on the rear one third of the lot may be permitted to within 3 feet of the side line. On corner lots, the side yard abutting a street shall have a setback of 13 feet unless more is required by Ordinance No. 1635. Rear: No residential structure shall be permitted within 25 feet of the rear property line. Detached accessory buildings are permitted not closer than 10 feet to the rear property line or alley. 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.) For publicly subsidized senior housing developments: 2 and 3 bedroom units at 1 -1/2 parking spaces per unit; 0 to 1 bedroom units, 1 parking space per unit; and with van service, 1/2 parking space per unit. Signs Permitted Permitted Uses: Conditional Uses: Signs not larger than 10 sq.ft., lighted, but not flashing or intermittent. One per building. Size and type as determined by Planning Commission. Section 10. Article IV Section 7 of the Zoning Code, Ordinance 1709, as amended, is hereby amended to read as follows: -9- SECTION 7 CSD -C - COMMUNITY SHOPPING DISTRICTS CSD -C1 - Permitted Uses Bakery shops Barber shops, beauty shops Delicatessens, grocery stores, supermarkets Drugs stores, pharmacies Frozen food or cold storage lockers Hardware stores Repair services, such as appliance repair, shoe repair, and TV and stereo repair services Professional Offices Restaurants, cafeterias Self - service laundries Apartments Specialty shops: gift, florist, hobby, antique Banks, financial institutions Medical, dental offices and clinics Conditional Uses Gasoline service islands accessory to convenience or grocery stores Bed and breakfast establishments Churches Off - street parking lots Utility buildings and structures Social clubs and fraternal organizations Day care centers Self- service car washes Other uses compatible with the intent of this Section *Residential uses *That portion of the CSD -C1 zone along "C" Street from 9th Street to Lauridsen Boulevard may be granted Conditional Use Permits for residential occupancies at the discretion of the Planning Commission. CSD -C2 - Permitted uses Same as CSD -Cl plus taverns and cocktail lounges, service stations, creameries. CSD C1 and C2 Conditional Uses Same as CSD -N Churches Off - street parking lots Utility buildings and structures Social clubs and fraternal organizations, Self- service car washes Day care centers Other uses compatible with the intent of this and indcpcndcnt, Section Planning Commission. 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. Setbacks shall conform to the requirements of Ordinance No. 1635 for arterial streets. Maximum Lot Coverage - 50% of the total site area. -10- 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 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. Maximum height 30 feet. No billboards shall be permitted within a Community Shopping District. Mom height 30 fcct. Section 11. Article IV, Section 12, of the Zoning Code, Ordinance 1709, as amended, is hereby amended to read as follows: SECTION 12 M -2 - INDUSTRIAL DISTRICT Permitted Uses Automobile body, fender, laundry, paint shops and wrecking yards Bakeries, wholesale Battery rebuild, tire repair & 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 Power, light or steam plant Railroad yard or roundhouse Sawmill Ship building, storage, repair, boat havens, marinas Skating rink, dance hall, boxing arena, penny arcade, shooting gallery or similar amusement enterprise Storage yards; building materials, tractors, trucks, boats, equipment Transportation or freight terminal Truck, trailer, motor- cycle, repairing, overhauling, rental, sales Veterinary or pet shop hospital, kennel and hatchery Warehousing, distributing plants Wood products manufacture Utility buildings and structures Restaurants, cafeterias Manufacture, processing, packing, storage of: alcohol kelp reduction asbestos lumber asphalt machinery brick, tile or terra -cotta perfumes brooms, brushes paint, lampblack, chemicals varnish, oil ceramics turpentine celluloid or similar paper and pulp cellulose materials plastics cloth, cord or rope prefabricated concrete buildings drugs, pharmaceuticals signs, all types electrical products and salt works appliances soap & soap food and food products products, toiletries tar roofing or waterproofing vegetable oil or other oil 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. An oil port is expressly prohibited in this District. An oil port is defined as facilities which will result in the receipt of more than an average of 50,000 barrels per day of crude or refined petroleum which has been or will be transferred over marine waters. Petroleum refineries, liquefied natural gas and liquefied petroleum gas facilities, energy facilities, energy plants and their associated facilities and associated transmission facilities as defined in Chapter 80.50 RCW are expressly prohibited in this District. Residential uses are prohibited in this District. Conditional Uses Other uses compataible with the intent of this Section. Minimum Yard Requirements No buildings shall be constructed closer than 30 feet to any public right -of -way line, nor closer than 15 feet to any property line. Offstreet Parking - (See Article V and Ordinance No. 1588.) Signs Permitted Signs and billboards as permitted by City of Port Angeles sign codes. Intermittent or flashing types are prohibited. Maximum height: 35 feet, 400 sq. ft. in area. Section 12. Article IV, Section 13, of the Zoning Code, Ordinance 1709, as amended, is hereby amended to read as follows: -12- SECTION 13 PBP - PUBLIC BUILDINGS - PARK DISTRICT Permitted Uses Bleachers, grandstands (subject to review by Planning Commission) Bridle trails Cemeteries and Crematoriums City Hall Civic buildings & governmental offices Common open space Courthouse Fire station Hospitals Library Marinas, boat storage Municipal pool Museum Parks, greenbelts Offstreet parking areas Picnic areas and facilities Playfields Playgrounds Recreation structures and facilities Reservoir, utilities (underground and overhead) Schools Streets, paths, and roads as required Conditional Uses: Other uses compatible with the intent of this Section. 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. Signs One sign per structure shall be permitted; provided that such sign is a maximum height of 10 feet, no larger than 20 square feet, and unlighted; provided further that a sign for a utility or hospital structure may be lighted, and that intermittent or flashing lighted signs are prohibited. Section 13. Article VIII of the Zoning Code, Ordinance 1709, as amended is hereby amended to read as follows: 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 entertainment sold or offered upon the premises on which 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 intensity 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. -13- A BILLBOARD is an outdoor advertising display, structure or sign, over 250 square feet in area, attached or detached, lighted or unlighted. An ATTACHED SIGN is any sign or billboard, lighted or unlighted, 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 detached sign shall not be constructed closer than 20 feet to any property line in any detached sign zoning district. An OFFICIAL TRAFFIC, DIRECTIONAL, OR WARNING SIGN is a sign that is erected by a public authority to protect the health, safety and welfare of the public. A TEMPORARY SIGN is a sign constructed of cloth, canvas, cardboard, wallboard, or other light material, intended to be displayed for a limited period of time, not to exceed thirty (30) days within a single calendar year, tonically advertising a one -time event, unless otherwise specified in this Ordinance. 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. Section 14. Article IX, Section 12 of the Zoning Code, Ordinance 1709, as amended is hereby amended to read as follows: Section 12 - ENFORCEMENT It shall be the duty of the Building In3pcctor Planning Director to enforce all provisions of this Ordinance. No oversight or dereliction on the part of the Building Inspector Planning Director or any official or employee of the City of Port Angeles vested with the duty or authority to issue permits or licenses shall legalize, authorize, waive or excuse the violation of any of the provisions of this Ordinance. No permit or license for any use, building, or purpose shall be issued by any official or employee of the City of Port Angeles if the same would be in conflict with the provisions of this 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 declared a public nuisance and it shall be the duty of the City Attorney to bring and to prosecute an action in any court of competent jurisdiction to enjoin -14- such person, firm, or corporation from continuing such use, erection, construction, moving, or altering. If such use, erection, construction, moving, or alteration is being or has been accomplished, the City Attorney shall enjoin such person, firm, or corporation from maintaining same. Section 15. Article IX, Section 13 of the Zoning Code, Ordinance 1709, as amended, is hereby amended to read as follows: Section 13 - 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 building, may extend not more than six (6) feet in the front, eight (8) feet in the rear and three (3) feet in the side into any required yard, provided however, an open railing or grillwork in conformance with the Uniform Building Code may be constructed around any such porch, terrace or landing. 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 three feet to side nor ten feet to rear property lines or alleys. 6. Porches, decks, platforms, walks, driveways, etc., not more than 30 inches above grade. Section 16. Article X, Sections 2 and 3 of the Zoning Code, Ordinance 1709, as amended, are hereby amended to read as follows: 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 but shall not be expanded. Enlargement, Alteration, Reconstruction A legal, conforming building or structure housing a nonconforming use shall be permitted to be repaired, altered, remodeled, or reconstructed providing said repairs, alteration, or reconstruction meet all zoning and building code requirements. 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 -15- date of annexation. 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, if such enlargement, alteration, or extension results in an increase in the degree of non - compliance. Structural repairs needed to maintain the building in a safe structural condition may be permitted. Reconstruction When a legal building or structure that does not comply with the provisions of these regulations is damaged to an extent that does not exceed 75% of the existing assessed value of the building or structure for tax purposes, said building or structure may be restored, providing: 1. Reconstruction is started within nine (9) months and is completed within 18 months of date of damage. 2. After such repair has been completed, the building can be repaired or altered only if its use and the damaged portions conform to the regulations of the district in which the building or structure is located. When a legal building or structure that does not comply with the provisions of these regulations is damaged to an extent that exceeds 75% of the existing assessed value of the building or structure for tax purposes, said building or structure may be repaired or reconstructed providing it conforms to all the building code and zoning regulations of the zoning district in which it is situated, and further providing: 1. Reconstruction is started within nine (9) months and is completed within 18 months of date of damage. 2. After such repair has been completed, the building can be repaired or altered only if its use and the damaged portions conform to the regulations of the district in which the building or structure is located. The extent of damage to a nonconforming building or structure shall be determined by the findings of three appraisers, one to be chosen by the City, one by the building owner, and the third by the first two appraisers. All costs incurred in obtaining the estimates are to be paid by the building owner. Final decisions in regard to the extent and cost of damage are to be made by the Building Inspection Department. Nonconformance as a Result of Annexation All above regulations shall apply to each nonconforming structure or building which comes within the City by means of annexation. Section 17. A new Section 12 is hereby added to Article X of the Zoning Code, Ordinance 1709, as amended, to read as follows: Section 12 - TEMPORARY SIGNS Activities located in commercial districts may install temporary signs to advertise a grand opening or social non- profit organizational event. The temporary sign(s) shall not exceed twenty -five (25) square feet in sign area and shall maintain the required minimum setbacks and height limitations of the underlying zoning district. Temporary sign(s) shall be removed no later than thirty (30) days from placement and social non - profit organizations shall remove -16- sign(s) placed no later than sixty (60) days following placement, or be subject to Zoning Code enforcement action. Section 18. Article XI Sections 7 and 14 of the Zoning Code, Ordinance 1709, as amended, is amended to read as follows: Section 7 - HEARING AND APPEAL OF CONDITIONAL USE APPLICATIONS Notice and Hearing for Conditional Use Permits Upon filing an application for a Conditional Use Permit in which the application sets forth fully the grounds for, and the facts deemed to justify, the granting of the Conditional Use Permit, the Planning Commission shall give public notice, as provided in the Article XI, Section 14, of the Zoning Code, of the intention to consider at a public hearing the granting of the Conditional Use Permit; provided, however, that Conditional Use Permits for bed and breakfasts, home occupations, and retail stands shall be considered by the Planning Director in accordance with Article IV, Chapters 17.18, 17.86, and 17.87 of the Zoning Code. The Planning Commission's decision shall be final unless appealed to the City Council. Decisions Conditional Use Permit decisions by the Planning Commission, Planning Director, and City Council shall be set forth in writing and shall be accompanied by written findings and conclusions. Decisions shall be deemed effective upon adoption of the written decision, findings and conclusions. The 15 -day appeal period shall commence upon such adoption. On the next business day following the effective date of the decision, the Planning Department shall mail copies of the decision, findings and conclusions to the applicant and anyone else who has in writing requested such notification. Appeals 1. Any person aggrieved by the decision of the Planning Commission or Planning Director may appeal the decision to the City Council. 2. Appeals shall be submitted to the Planning Department in writing within fifteen (15) days following the date of the decision. 3. The City Council shall conduct a public hearing on the appeal with notice being given as set forth in Article XI, Section 14, of the Zoning Code. The Council's decision shall be final unless appealed to Clallam County Superior Court in accordance with Article XI, Section 15, of the Zoning Code. Requests for Exceptions All applications for exceptions from these Zoning Regulations shall contain all basic information, along with other pertinent facts, maps, and data required by the Planning Commission. Permits Void After One Year All Conditional Use Permits shall become void one year from the date of granting such permits if use of the land or buildings has not taken place in accordance with the provisions in granting said requests. Extensions of Approved Conditional Uses Extensions of those previously approved conditional uses that have specified time periods of authorization shall be considered in accordance with the same procedures and by the same entity as for the original permit application, and may be granted for a period of one to five years, provided that the following minimum criteria are met: 1. The use complies with the permit conditions. -17- 2. There have been no significant, adverse changes in circumstances. Upon written request for an extension submitted to the Planning Department prior to the expiration of the conditional use permit, said conditional use permit shall be automatically extended for ninety days to allow the City adequate time to review the extension request. Section 14 Notice of public hearings required pursuant to the Zoning Code shall be given as follows: 1. At least ten (10) days prior to the date of the public hearing, the Planning Department shall cause notice of the time, place, and purpose of the hearing to be published in the City's officially designated newspaper. 2. In addition to the notice given in subsection 1, where the purpose of the public hearing involves a specific site, notices shall be given as follows: a. At least ten (10) days prior to the date of the public hearing, the applicant shall cause notice of the time, place and purpose of the hearing to be posted on the site in a conspicuous manner in the form of a brightly colored notice on a self - standing sign as provided by the Planning Department or in such other form as the Planning Department may direct. The applicant shall file with the Planning Department an affidavit that such posting has been accomplished and that the applicant shall assume full responsibility for return or replacement, in the case of damage. Consideration will be given in the case of vandalism beyond the applicant's control. b. At least ten (10) days prior to the date of the public hearing, the Planning Department shall cause notice of the time, place and purpose of the hearing to be mailed to the latest recorded real property owners within at least 300 feet of the boundary of the site as shown by the records of the County Assessor. The applicant shall provide the Planning Department with mailing labels for each such property owner. Section 19. There are hereby added Sections 16 and 17 to Article XI of the Zoning Code, Ordinance 1709, as amended, to read as follows: Section 16 The City's Code Revisor is authorized and directed to make minor organizational changes to the Zoning Code necessary for codification, and to prepare for City Council adoption a codification of the entire City Zoning Code, including all Zoning Code Amendments that have been approved by the City Council. Section 17 Zoning Code Amendment - Application Any person wishing to apply for an amendment to this Zoning Ordinance shall submit a completed application and a $150 filing fee to the Planning Department, together with any necessary application and fees necessary to comply with the -18- requirements of the State Environmental Policy Act (SEPA) Chapter 43.21C RCW. Section 20 - Effective Date. This Ordinance shall take effect five (5) days after date of publication. PASSED by the City Council of the City of Port Angeles at a regular meeting of said Council held on the 7th day of May , 1991. ATTEST: 32 Becky J. ton, City /Clerk PUBLISHED: May 10, 1991 (By Summary) PLAN.443 Summary of Ordinance Adopted by the Port Angeles City Council on May 7, 1991 Ordinance No. 2636 This Ordinance of the City of Port Angeles amends the Zoning Code, Ordinance No. 1709, as amended, by defining the purpose of certain conditional use chapters, adding chain saw sales and service as a permitted use in the ACD and LI Zones, adding various types of conditional uses in the CSD -C Zone, allowing discretion to the types of conditional uses that may be permitted in residential, commercial and PBP Zones, regulating temporary- signs, modifying enforcement and procedural provisions, and amending Chapters 17.10, 17.11, 17.18, 17.20, 17.26, 17.28, and 17.32, and Articles I, IV, VIII, IX, X, and XI. The full text of the Ordinance is available at City Hall in the City Clerk's office or will be mailed upon request. Office hours are Monday through Friday from 8:00 a.m. to 5:00 p.m. This Ordinance will take effect five days after publication of this summary. Publish: May 10, 1991 Becky J. Upton City Clerk