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HomeMy WebLinkAbout2666ORDINANCE NO. 2666 AN ORDINANCE of the City of Port Angeles amending the Zoning Code, Ordinance #1709 as amended by adding definitions for certain terms; specifying lot sizes for bed and breakfast establishments; adding design and landscaping standards for Residential Multi - Family, Office Commercial and Community Shopping Districts; revising the general provisions for lot area; and repealing Articles V and VIII of Ordinance #1709. THE CITY COUNCIL OF THE CITY OF PORT ANGELES DOES HEREBY ORDAIN as follows: Section 1. Article II, Ordinance #1709, as most recently amended by Section 17.08.095 of Ordinance #2636, is hereby amended to read as follows: 17.08.095 - "S" A. 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 replacement (not including repair and rebuilding); 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, tire testing, and replacement of carburetors, coils, condensers, fan belts, wiring, water hoses, and similar parts. Setback - the required minimum distance between any lot line and any structure or building. Sign, Advertising - a sign which directs attention to a business, commodity, service or entertainment conducted, sold, or offered elsewhere than upon the premises on which such sign is located or to which it is affixed. Sign, Attached - a sign or billboard, lighted or unlighted, directly attached to, supported by, and no more than 2 feet distance from, a building. Sign, Billboard - an outdoor advertising display, structure or sign, over 250 square feet in area, attached or detached, lighted or unlighted. Sign, Business - 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. -1- Sign, Detached - a 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. Sign, Flashing - a 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 Code, a revolving illuminated sign shall also be considered a flashing sign. Sign, Official Traffic, Directional, or Warning - a sign that is erected by a public authority to protect the health, safety and welfare of the public. Sign, Temporary - a sign constructed of cloth, canvas, cardboard, wallboard, or other lightweight material, intended to be displayed for a limited period of time, not to exceed thirty (30) days within a single calendar year, typically advertising a one -time event, unless otherwise specified. $K. 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. EL. Stand - a structure for the display and sale of products, with no space for customers within the structure itself. GM. 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. EN. Street - a public right -of -way which affords a primary means of access to abutting property. FO. Street Right -of -Way Line - the boundary line between a street and abutting property. GP. 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. }Q. 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. -IR. Supported Living Arrangements - a supported living arrangement means a dwelling unit owned or rented by one or more persons with functional disabilities who receive assistance with activities of daily living, instrumental activities of daily living, and /or medical care from an individual or agency licensed and /or reimbursed by a public agency to provide such assistance. Section 2. Section 17.18.040 of Ordinance #2483 is hereby amended to read as follows: -2- 17.18.040 DEVELOPMENT STANDARDS. All bed and breakfasts shall comply with the following development standards: A. All bed and breakfasts shall be located in single- family residences and shall exhibit no outward appearance of a business or of a non - residential nature, other than permitted signs. B. All bed and breakfast operators shall live on the premises. C. A bed and breakfast with four or fewer rooms for let shall provide parking spaces for the operator and guests. Bed and breakfasts with more than four rooms for let shall provide parking spaces for the operator, guests, and employees. D. All off - street parking areas shall be screened in a manner that is compatible with and respectful of adjacent properties. E. All signs located within residential districts shall be no more than five (5) square feet in area, indirectly lighted, and parallel to the building facade to which they are attached unless they are free - standing in the yard. Free- standing signs cannot exceed three feet in height but may be perpendicular to the facade. The light source shall be shielded from abutting property and rights -of -way. There shall be a maximum of two free - standing signs. F. All bed and breakfasts shall comply with the applicable local and State Fire and Health Codes. G. All bed and breakfasts shall not be transferable to new locations. H. Size and area requirements: No. of Bdrms. To Let Min. Lot Area 0 - 4 5 - 8 9 - 12 13 - 16 17 - 20 21 - 24 one lot 7,000 sq.ft. (RS -9, 9,000 sq.ft.) two lot3 14,000 sq.ft. (RS -9, 18,000 s.f.) 28,000 sq.ft. 1 acre 2 acres 4 acres I. Accessory Activities and Facilities *. Bed and breakfasts shall have the following minimum lot area in order to provide these activities or facilities: Activity and /or Facility Hot tub Sauna Swimming Pool -3- Minimum Area onc lot 7,000 sg.ft. (RS -9, 9,000 sq.ft.) onc lot 7,000 sq.ft. (RS -9, 9,000 sq.ft.) 1 acre Tennis Court Other outdoor rec. courts (volley -ball, hand ball) Meeting rooms Playing fields 1 acre 1 acre 2 acres 2 acres *NOTE: Combination of activities and facilities; e.g., tennis courts and swimming pools, may require additional lot area beyond the minimum listed; however, the minimum areas are not additive; e.g., if the bed and breakfast has one acre, it can have a pool and a tennis court. Nor are these areas additive to the base minimum. J. Any change in the ownership, structure, or the site plan requires a revised permit. Section 3. Article IV, Section 3, Ordinance #1709, as most recently amended by Ordinance #2636, is hereby amended to read as follows: Article IV, 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. Adult Family Home and Supported Living Arrangements. Conditional Uses Duplcxc3, pPublic parks, churches, golf courses, public and private schools, libraries, utility buildings and structures, hospitals, and rest homes. Boarding and rooming hou3cs, business parking, motels, and publicly subsidized senior housing developments at a maximum of 58 units per acre. Child Day Care Centers, Pre - schools, and Residential Care Facilities. Group homes and hospices. 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. -4- 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 Ch. 14.40 PAMC.) 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: Signs not larger than 10 sq.ft., lighted, but not flashing or intermittent. One per building. Conditional Uses: Size and type as determined by Planning Commission. Design and Landscaping: A. All outdoor storage areas, except for City mechanized refuse collection system containers, shall be screened from view from public rights -of -way and abutting property by a vision - obscuring fence 6 feet in height. B. All lighting on the site shall be so directed as to reflect away from adjoining residential properties and public rights - of -way. C. Unused space which is over 24 square feet and which results from the design of parking space arrangements or accessory structures shall be landscaped. D. One tree shall be provided for each 10 parking spaces, exclusive of any perimeter landscaping. Trees shall have a minimum caliper of two inches and shall have a height of at least 20 feet at maturity. E. All parking lots shall be screened by a 3 -foot to 6 -foot vision - obscuring fence or vegetation on all sides adjacent to residentially zoned property. Section 4. Section 17.20.230 of Ordinance #1709 as amended is hereby amended to read as follows: 17.20.230 DESIGN AND LANDSCAPING. A. All outdoor storage areas, except for City mechanized refuse collection system containers, shall be screened from public view from public rights -of -way and abutting property by a vision - obscuring fence 6 feet in height. B. All lighting on the site shall be so directed as to reflect away from adjoining property and public rights -of -way. C. The side yard abutting a residentially zoned lot shall be landscaped in a manner that is complementary or similar to residential landscaping -. In other words, such landscaping shall be complementary or similar to shrubs of 3 foot to 6 foot mature height interspersed with evergreen and /or deciduous and /or ornamental trees. Five feet of the rear yard setback area abutting a residentially zoned lot shall be landscaped in a similar manner. D. The unused space resulting from the design of parking space arrangements or accessory structures which is over 24 square feet shall be landscaped. -5- E. All landscaping shall comply with the vision clearance requirements of Ordinance No. 1709, as amended. All non - residential structures shall be designed to be compatible with the residential environment. One tree shall be provided for each ten parking spaces, exclusive of any perimeter landscaping. Trees shall have a minimum caliper of two inches, and have a height of at least 20 feet at maturity of a maturc hcight of at lca t 20 fcct i r0- parking- spaces. All parking lots shall be screened by 3 -foot to 6 -foot vision obscuring fence or vegetation on the sides adjacent to residentially zoned property. Section 5. Article IV, Section 7, Ordinance #1709, as most recently amended by Ordinance #2636, is hereby amended to read as follows: Article IV, Section 7 CSD -C1 - Permitted Uses Adult Family Homes Bakery shops Barber shops, beauty shops Child Day Care Centers, pre- schools Delicatessens, grocery stores, supermarkets Drugs stores, pharmacies Frozen food or cold storage lockers Hardware stores, shoe repair shops Medical, dental offices and clinics Professional Offices Residential Care Facilities Restaurants, cafeterias Self - service laundries Apartments Specialty shops: gift, florist, hobby, antique Supported Living Arrangements Banks, financial institutions Group homes and hospices Conditional Uses Gasoline service islands, accessory to convenience or grocery stores Bed and breakfast establishments, provided that at least one - half of the bedrooms are devoted solely for transient business. Churches Off - street parking lots Utility buildings and structures Social clubs and fraternal organizations Self - service car washes Other uses compatible with the intent of this Section *Residential uses along "C" Street corridor from 9th Street Lauridsen Boulevard 4*That portion of the CSD C1 zonc along "C" Strcct from SD -C2 - Permitted uses Same as CSD -C1 plus taverns and cocktail lounges, service stations, creameries. -6- CSD -C2 Conditional Uses Churches Offstreet parking lots Utility buildings and structures Social clubs and fraternal organizations Self- service car washes Other uses compatible with the intent of this Section 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. Maximum Height - 30 feet. Offstreet Parking - (See 14.40 PAMC.) e - Chapter 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. Maximum height 30 feet. Design and Landscaping A. All outdoor storage areas, except City mechanized refuse collection system containers, shall be screened from view from public rights -of -way and abutting property by a sight - obscuring fence 6 feet in height. B. All lighting on the site shall be so directed as to reflect away from adjoining property and public rights -of -way. C. The side yard abutting a residentially zoned lot shall be landscaped in a manner that is complementary or similar to residential landscaping. In other words, such landscaping shall be complementary or similar to shrubs of 3 foot to 6 foot mature height interspersed with evergreen, deciduous and/or ornamental trees. Five feet of the rear yard setback area abutting a residentially zoned lot shall be landscaped in a similar manner. D. Unused space which is over 24 square feet and which results from the design of parking space arrangements or accessory structures shall be landscaped. E. One tree shall be provided for each 10 parking spaces, exclusive of any perimeter landscaping. Trees shall have a minimum caliper of two inches and shall have a height of at least 20 feet at maturity. Fes. All parking lots shall be screened by 3 -foot to 6 -foot vision obscuring fence or vegetation on all sides adjacent to residentially zoned property. Section 6. Section 17.28.200 of Ordinance #2303, as most recently amended by Ordinance #2636, is hereby amended to -7- read as follows: 17.28.200 DEVELOPMENT STANDARDS: A. AREA AND DIMENSIONAL REQUIREMENTS: 1. MINIMUM LOT AREA: 3,500 square feet. 2. MINIMUM LOT WIDTH: 25 feet. 3. SETBACKS /BUILDING ENVELOPE DISTANCES: Side - None, except no structure shall be built within 10 feet of any property that has a residential zoning classification. No side yard required when abutting a commercial, green belt, or industrial zoned lot; except that for residential and mixed commercial /residential structures a 7 -foot side yard shall be required. Rear - None, except no loading structure or dock shall be built within 15 feet of any alley. Front - At least 50% of the front property line shall be abutted by a otructurc building; provided, however, that for the purposes of this Section, a publicly accessible plaza, square, outdoor dining area, or similar area shall be considered a building. 4. MAXIMUM LOT COVERAGE: No maximum lot coverage except that north of Railroad Avenue, maximum lot coverage shall be subject to the requirements of the Clallam County Shoreline Master Program as adopted and amended by the City of Port Angeles. B. MAXIMUM BUILDING HEIGHT: 1. North of Railroad Avenue: Maximum building height shall be established during the Shoreline Substantial Development Permit process, utilizing the regulations and purposes of the Shoreline Master Program. 2. South of Railroad Avenue: Unlimited maximum height; provided, however, that additional height over 45 feet shall be obtained by Conditional Use Permit that considers the impacts upon existing views and solar protection, shadow impacts, and the height of the bluff south of First Street. 3. Leased air rights over rights -of -way shall have the same maximum height as the abutting property. 4. Upper floors devoted exclusively to public access shall be exempt from maximum height limitations; provided that views of the water are unobstructed. 5. Height calculations shall be based upon the existing grade of the lot or the existing grade of the front property line, whichever is higher. Section 7. Section 17.32.080 of Ordinance #2329 is hereby amended to read as follows: 17.32.080 DESIGN AND LANDSCAPING. A. A minimum five -foot landscaping area shall be provided abutting public rights -of -way, except for approved curb cuts. B. All lighting on the site shall be directed or shaded so that it does not shine directly on adjoining non - industrially zoned property or on public rights -of -way. C. A ten -foot wide buffer zone must be maintained adjacent to all residentially or commercially zoned property, which buffer zone shall not be used for storage, driveways, auto parking, or structures, except security fences. A visual screen, consisting of solid fencing, landscaping, or other materials, shall be provided in the buffer zone. Such a screen shall be to a height of 6 feet. If landscaping is used, it shall include evergreen shrubs planted to form a hedge of 6 feet mature height within three years of the -8- planting date; except that approved vehicle driveway openings shall not be obstructed. D. All required parking areas shall including landscaping of at least oOne tree shall be provided for each 10 spaces., exclusive of any perimeter landscaping. Trees shall have a minimum caliper of two inches and shall have a height of at least 20 feet at maturity be of a type approved by thc City, at 2 inch caliper at planting timc, and planted in planting arcs of 10 square foot minimum width or diameter. Section 8. Sections 2, 4, and 17, Article IX, Ordinance #1709 are each hereby amended to read as follows: Article IX Section 2 - 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 prescribed by these regulations for the zone in which it is located, nor shall the density of population residential density be increased in any manner except in conformity with the regulations. However, for the purpose of encouraging the construction of offstreet parking space under or within buildings rather than in rear, side or front yards, the following exceptions to minimum lot areas shall be permitted: Section 4 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. Said lot area credit, however, shall not apply to the reduction of any building line setbacks. THROUGH LOTS MAY BE DIVIDED IN CERTAIN INSTANCES. separate lots, with thc dividing linc midway between the 3trcct frontages, and each resulting half shall bc Subject to thc controls applying to the 3trcct upon which Such half faces. If each resulting half be below thc minimum lot area as determined by thcsc regulations, thcn no division may made. If thc whole of any through lot is imprevcd as one building site, thc main building shall conform to the main building, and no accessory building shall bc located closer to cithcr 3trcct than thc distance constituting the Section 17 SUBSTANDARD LOT. A legal building or structure may bc permitted on a lot of record providing it meets all front, sidc, and rear yard requirements. Section 9. Article X, Section 7, Ordinance #1709 is amended to read as follows: -9- rticle X - Special Provisions 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 except in the Office Commercial District (OC). 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 10. The following Sections are added to Article X, Ordinance #1709: Section 14 - BILLBOARDS For the purpose of interpretation and enforcement of this Zoning Code, billboards shall be limited to only commercial, industrial, or manufacturing zoning districts. Billboards shall be prohibited in all other zoning districts. Where permitted, a billboard shall not be constructed closer than 20 feet to any property line. Section 15 - RESIDENTIAL DENSITY IN COMMERCIAL ZONE DISTRICTS Residential density for commercial zone districts which permit multi- family residential shall not exceed the maximum densities as set forth in the Residential Multi- Family (RMF) District, unless a density bonus is granted through the PRD process, or unless as may be otherwise designated in the individual commercial zoning districts. Section 16 - PARKING SPACE REGULATIONS All space used for the sale, display, or parking of any merchandise 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 in the right -of- way of any public street, unless a right -of -way use permit is first obtained. Discretionary approvals required under the Zoning Code may be conditioned to require the necessary screening, lighting, entrances, and exits for off - street parking. Section 11. Articles V and VIII of Ordinance #1709 are hereby repealed. Section 12 - Severability. If any provision of this Ordinance, or its application to any person or circumstance is held invalid, the remainder of the Ordinance, or the application f the provision to other persons or circumstances is not affected, and to this end the provisions of this Ordinance are declared to be severable. -10- Section 13 - 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 January, 1992. TTEST: PL._ it Clerk PPROVED AS TO FORM: Craig D. Knutson, City Attorney PUBLISHED: January 12, 1992 (By Summary) LAN.527 Summary of Ordinance Adopted by the Port Angeles City Council on January 7, 1992 Ordinance No. 2666 This Ordinance of the City of Port Angeles amends the Zoning Code, Ordinance No. 1709, as amended, and adds definitions for certain terms; specifies lot sizes for bed and breakfast establishments; adds design and landscaping standards for Residential Multi- Family, Office Commercial and Community Shopping Districts; revises the general provisions for lot area; and repeals Articles V and VIII of Ordinance No. 1709. 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. The Ordinance will take effect five (5) days after publication of this summary. Publish: January 12, 1992 Becky J. Upton City Clerk T