HomeMy WebLinkAbout2668ORDINANCE NO. 2668
AN ORDINANCE of the City of Port Angeles
amending the Zoning Code, Ordinance
1709 as amended, by codifying and making
minor organizational changes.
THE CITY COUNCIL OF THE CITY OF PORT ANGELES DOES
ORDAIN as follows:
Section 1. A new Chapter 17.01 of the Port Angeles
Municipal Code is hereby created, and Article I, Ordinance 1709
as amended is hereby amended, to read as follows:
CHAPTER 17.01
PURPOSE AND SCOPE
17.01.010 Purpose. This comprehensive Ordinance is
adopted for the following purposes:
A. To divide the City into zones and districts restricting and
regulating therein the location, construction, reconstruction,
alteration, and use of buildings, structures and land for
residential, business, commercial, manufacturing, public, and
other specified uses.
B. 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.
C. 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.
D. 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.
E. To establish building lines and the location of buildings
designed for residential, commercial, manufacturing, or other
uses within such lines.
F. 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 buildings in
relation to the land surrounding them.
G. To provide protection from fire, explosion, noxious fumes,
and other hazards in the interest of public health, safety,
comfort, and general welfare.
H. 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.
I. To prohibit uses, buildings, or structures which are
incompatible with the character of development or the permitted
uses within specified zoning districts.
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J. To conserve the taxable value of land and buildings
throughout the City.
K. To define and to limit the powers and duties of the
administrative officers and bodies as provided herein.
L. Zoning Intentions:
1. 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 environment
may also be located in this district.
2. 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.
3. 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, where commercial enterprises are not generally
felt to be compatible.
4. 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 residential 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. It is
also intended that a Planned Residential Development may combine
a number of land use decisions such as conditional use permits,
rezones, and subdivisions into a single project review process to
encourage timely public hearings and decisions and to provide for
more open space and transitional housing densities than is
required or may be permitted between single - family and multi-
family zoning districts. The consolidation of permit reviews
does not exempt applicant(s) from meeting the regulations and
submitting the fees and applications normally required for the
underlying permit processes.
5. 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.
6. OC Zone - It is for those business, office,
administrative, or professional uses which do not involve the
retail 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.
7. CN Zone - 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.
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Such a District shall be located and designed to encourage both
pedestrian and vehicular access and to be compatible with
adjacent residential neighborhoods.
8. CSD -Cl Zone - This zoning is essentially the same as
the CN 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.
9. 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 -
C1 zone and as such provides a transition area from the most
restrictive commercial zones to those of lesser restrictions.
10. 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.
11. 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.
12. LI Zone - To create and preserve areas for industrial
uses in a planned, park -like setting, in close proximity to
airports and highways.
13. 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.
13. 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 ".
15. Bed and Breakfast Conditional Use - The purpose of the
bed and breakfast conditional use is to ensure the bed and
breakfast 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.
16. 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.
17. 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, are conducive to the public
health, safety, and welfare, and promote the diversity of retail
stand activity.
18. 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
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are conducive to the public health, safety, and welfare.
19. Elderly Housing Conditional Use - In order to provide
adequate facilities and environment for elderly persons in the
City of Port Angeles, special provisions are needed and shall be
established and maintained.
Section 2. A new Chapter 17.03 of the Port Angeles
Municipal Code is hereby created, and Article III, Ordinance 1709
as amended, is hereby amended, to read as follows:
CHAPTER 17.03
ESTABLISHING MAPPED ZONES AND REGULATIONS
17.03.010. For the purpose of these Regulations the
City of Port Angeles is divided into twelve zoning classifica-
tions as follows:
CHAPTER
17.11
17.10
17.12
17.13
17.20
17.23
17.24
17.26
17.28
17.32
17.34
17.40
ABBREVIATED
DESIGNATION
RS -9
RS -7
RMF
RTP
OC
CN
CSD -C1
CSD -C2
ACD
CBD
LI
M -2
PBP
ZONE CLASSIFICATION
Residential
District
Residential
District
Residential
District
Residential Trailer Park
District
Office Commercial District
Neighborhood Commercial
District
Community Shopping District
Community Shopping District
Arterial Commercial District
Central Business District
Industrial Park District
Heavy Industrial District
Public Building - Park District
Single- Family
Single - Family
Multi- Family
17.03.020. Zoning Map
A Zoning Map, showing the location and the boundaries of the
various zoning districts in the City, shall be established as the
Official Zoning Map, and shall be an integral part of these
Zoning Regulations.
Section 3. A new Chapter 17.12 of the Port Angeles
Municipal Code is hereby created, and Article IV, Section 3, of
Ordinance 1709 as amended is hereby amended, to read as follows:
CHAPTER 17.12
RMF - RESIDENTIAL MULTI- FAMILY DISTRICT
17.12.010 - Purpose. The RMF 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 where commercial enterprises are
not generally felt to be compatible.
17.12.020 - Permitted Uses.
A. Single - family residences.
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B. Non - commercial gardens, greenhouses, orchards.
C. Private garages, carports.
D. Swimming pools, and cabanas.
E. Multi- family dwellings, apartments, duplexes, dormitories.
F. Mortuaries, funeral parlors.
17.12.040 - Conditional Uses.
A. Public parks.
B. Churches.
C. Golf courses.
D. Public and private schools.
E. Libraries.
F. Utility buildings and structures.
G. Hospitals and rest homes.
H. Business parking.
I. Motels.
J. Publicly subsidized senior housing developments at a maximum
of 58 units per acre.
K. Other uses compatible with the intent of this section.
17.12.050 - Area and Dimensional Requirements.
A. Minimum Lot Area
7,000 sq.ft. plus 1,000 sq.ft. for each additional
dwelling unit.
B. Minimum Yard Requirements
1. Front: 25 feet from front lot line.
2. 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.
3. 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.
C. Maximum Lot Coverage
30% total site area (not to apply to unenclosed
swimming pools.)
D. Maximum Height
35 feet.
17.12.060 - Offstreet Parking. Parking spaces shall be
as required in Ordinance 1588 as amended (Chapter 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.
17.12.070 - Signs Permitted.
A. Permitted Uses:
Signs not larger than 10 sq.ft., lighted, but not
flashing or intermittent. One per building.
B. Conditional Uses:
Size and type as determined by Planning Commission.
17.12.080 - Design and Landscaping.
A. All outdoor storage areas, except for City mechanized refuse
collection system containers, shall be screened from view
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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. A new Chapter 17.13 of the Port Angeles
Municipal Code is hereby created,and article IV, Section 4, of
Ordinance 1709 as amended is hereby amended, to read as follows:
CHAPTER 17.13
RTP - RESIDENTIAL TRAILER PARK DISTRICT
17.13.010 - Purpose. This zone is intended for mobile
home occupancies only. Conventional dwellings are excluded, but
the area is regarded as essentially residential in character.
17.13.020 - Permitted Uses. Mobile homes.
17.13.030 Accessory Uses and Buildings.
A. Propane fuel storage tanks.
B. Shower and laundry rooms.
C. Lavatories.
D. Community recreation rooms.
E. Playground equipment.
F. Swimming pools, patios.
G. Lights (overhead, outdoor).
H. Office (manager, owner).
17.13.040 - Conditional Uses. Trailer supplies office.
17.13.050 - Area and Dimensional Requirements.
A. Minimum Lot Area
4 acres for trailer park; 3,500 sq.ft. individual site.
B. Minimum Lot Width
400 feet for trailer park; 40 feet per individual site.
C. Minimum Yard Requirements
TRAILER PARK - No building, trailer, structure, cabana,
carport shall be permitted closer than 30 feet to the
nearest public right -of -way, and no closer than 10 feet
to any property line of a trailer park.
D. Individual Trailer Sites
1. Front: 14 feet to front property line of individual
site.
2. Rear: 10 feet to rear property line of individual
site.
3. Sides: 7 feet to side property line of individual
site.
E. Minimum total land area required for a trailer park shall be
4 acres.
F. There shall be a ratio of 6000 sq.ft. total land area per
trailer. Said total land area ratio to include driveways,
toilet and laundry buildings, playground- recreation areas,
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individual trailer sites, and caretaker's quarters.
G. Each individual trailer site shall have a minimum lot area
of 3500 square feet and a minimum lot width of 40 feet.
H. A minimum of 10% of the total area of a trailer park shall
be reserved and shall be used solely and exclusively for a
playground- recreation area.
I. No building, trailer, structure, cabana, carport, or solid
fence shall be permitted closer than 30 feet to any property
line that abuts a street or public right -of -way, and no
closer than 10 feet to any other property line.
J. In the interests of fire prevention, there shall be a
minimum space of 14 feet between trailers, including
cabanas.
17.13.060 - Offstreet Parking Required. Parking spaces
shall be as required in Ordinance 1588 as amended (Chapter 14.40
PAMC).
17.13.070 - Signs Permitted.
A. Signs no larger than 12 sq.ft., unlighted, one per trailer
park.
B. Signs no larger than 1 sq.ft., unlighted, one per individual
site.
17.13.080 - Trailers. Trailers, mobile homes, vacation
trailers and campers used for residential purposes shall not be
permitted for occupancy in the City of Port Angeles except in
approved Trailer Parks.
17.13.090 - Trailer Parks.
A. No person, company or corporation shall establish a new
trailer park or mobile home park or enlarge an existing
trailer or mobile home park within the City limits of Port
Angeles without first obtaining a permit for a trailer park
from the Port Angeles Planning Commission.
B. Permit Required
1. Fee for each Trailer Park permit shall be $50.
2. Fee for individual sites when permitted outside of
transient parks - $1.
C. Said Permit shall require the following:
1. A plot plan showing the location of the proposed
trailer park and all buildings, sanitary facilities,
playground- recreation area, utility buildings,
driveways, and individual trailer sites, including all
dimensions of the trailer park tract, each individual
trailer site, parking facilities and patio, and
including plans and specifications of all buildings
shall be submitted to the Planning Commission.
2. Approval of the Building Inspector, Fire Chief and City
Manager and Health Officer, regarding City codes,
ordinances and standards.
17.13.100 Additional Development Standards.
A. Location:
Trailer parks may be located upon approval of the
Planning Commission and by Conditional Permit from said
Commission, in any district in which multiple dwellings
are permitted. Each boundary of the park must be at
least 200 feet from any permanent residential building
located outside the park, unless separated therefrom by
a natural or artificial barrier, or unless a majority
of the property owners according to area within said
200 feet, consent in writing to the establishment of
the park.
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B. Driveways, Walkways
1. All mobile home spaces shall abut upon a driveway of
not less than 25 feet in width, which shall have
unobstructed access to a public street or highway.
2. Walkways not less than two feet wide shall be provided
from the mobile home spaces to the service buildings.
3. All driveways and walkways within the park shall be
lighted at night with electric lamps of not less than
50 watts each, spaced at intervals of not more than 100
feet.
C. Screening
Excepting the entrance - driveway, a screening of
evergreen trees or shrubs shall be maintained at a
planting height of 5 feet and at a height of 12 feet at
full growth, in the front, side, and rear yards of
every trailer park.
D. Signs
Signs not to exceed 12 square feet shall be permitted.
No lighted signs of any kind shall be permitted. One
sign per trailer park.
E. Sanitation Facilities
Each trailer park shall be provided with toilets,
baths, or showers, slop sinks and other sanitation
facilities which shall conform to all City and State
health rules and codes.
F. Water Supply
An adequate supply of pure water for drinking and
domestic purposes shall be supplied by pipes to all
buildings and mobile home spaces within the park to
meet the requirements of the park. Each mobile home
space shall be provided with a cold water tap at least
four inches above the ground. An adequate supply of
hot water shall be provided at all times in the service
buildings for all bathing, washing, cleansing, and
laundry facilities.
G. Laundry Facilities
Laundry facilities shall be provided with one single
laundry tray and one automatic or semi - automatic type
washing machine for each 10 mobile home spaces or any
less number thereof.
H. Service Buildings
1. Service buildings housing sanitation and laundry
facilities shall be permanent structures complying with
all applicable ordinances and statutes regulating
building, electrical installations, and plumbing
systems.
2. Service buildings housing sanitation facilities shall
be located not closer than 20 feet nor farther than 200
feet from any mobile home space.
I. Sewage and Refuse Disposal
Waste from showers, bath tubs, flush toilets, urinals,
lavatories, slop sinks, and laundries in service and
other buildings and from each trailer within the park
shall be discharged into a public sewer system in
compliance with applicable ordinances or into a private
sewer and disposal plant or septic tank system of such
construction and in such manner as will present no
health hazard.
J. Garbage Receptacles
Regulation garbage cans with tight- fitting covers shall
be provided in quantities to permit disposal of all
garbage and rubbish. Garbage cans may be located in
groups not farther than 100 feet from any mobile home
space. The cans shall be kept in sanitary condition at
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all times. Garbage and rubbish shall be collected and
disposed of as frequently as may be necessary to ensure
that individual garbage cans shall not overflow.
K. Fire Protection
Every park shall be equipped at all times with fire
extinguishing equipment in good working order, of such
type, size and number and so located within the park as
to satisfy applicable reasonable regulations of the
Fire Department. No open fires shall be permitted at
any place which may endanger life or property.
Section 5. A new Chapter 17.24 of the Port Angeles
Municipal Code is hereby created, and Article IV, Section 7, of
Ordinance 1709 as amended is hereby amended, to read as follows:
Chapter 17.24
CSD -C - COMMUNITY SHOPPING DISTRICTS
17.24.010 - Purpose.
A. CSD -Cl Zone - This zoning is essentially the same as the CN
District 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.
B. 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 -C1 zone and as such provides
a transition area from the most restrictive commercial
zones to those of lesser restrictions.
17.24.040 - Permitted Uses,
A. CSD -C1
1. Bakery shops.
2. Barber shops, beauty shops.
3. Delicatessens, grocery stores, supermarkets.
4. Drug stores, pharmacies.
5. Frozen food or cold storage lockers.
6. Hardware stores, shoe repair shops.
7. Professional Offices.
8. Restaurants, cafeterias.
9. Self- service laundries.
10. Apartments.
11. Specialty shops: gift, florist, hobby, antique.
12. Banks, financial institutions.
13. Medical, dental offices and clinics.
B. CSD -C2
1. Bakery shops.
2. Barber shops, beauty shops.
3. Delicatessens, grocery stores, supermarkets.
4. Drug stores, pharmacies.
5. Frozen food or cold storage lockers.
6. Hardware stores, shoe repair shops.
7. Professional Offices.
8. Restaurants, cafeterias.
9. Self - service laundries.
10. Apartments.
11. Specialty shops: gift, florist, hobby, antique.
12. Banks, financial institutions.
13. Medical, dental offices and clinics.
14. Taverns and cocktail lounges.
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15. Service Stations.
16. Creameries.
17.24.160 - Conditional Uses.
A. CSD -C1:
1. Gasoline service islands, accessory to convenience or
grocery stores.
2. Bed and breakfast establishments, provided that at
least one -half of the bedrooms are devoted solely for
transient business.
3. Churches.
4. Off - street parking lots.
5. Utility buildings and structures.
6. Social clubs and fraternal organizations.
7. Day care centers.
8. Self- service car washes.
9. Other uses compatible with the intent of this Chapter.
10. Residential uses along "C" Street corridor from 9th
Street to Lauridsen Boulevard.
B. CSD -C2
1. Churches.
2. Offstreet parking lots.
3. Utility buildings and structures.
4. Social clubs and fraternal organizations.
5. Day care centers.
6. Self - service car washes.
7. Other uses compatible with the intent of this Chapter.
17.24.200 - Development Standards.
A. Area and Dimensional Requirements:
1. Minimum Lot Area 7,000 square feet.
2. Minimum Lot Width 50 feet.
3. 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.
4. Maximum Lot Coverage - 50% of the total site area.
5. Maximum Height - 30 feet.
17.24.210 - Offstreet Parking. Parking spaces shall be
provided as required in Ordinance 1588 as amended (Chapter 14.40
PAMC).
17.24.220 - 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.
17.24.230 - Design and Landscaping.
A. All outdoor storage areas shall be screened from public
view.
B. All lighting on the site shall be so directed as to reflect
away from adjoining non - commercial properties.
Five feet of the side and rear yards abutting a residen-
tially zoned lot shall be landscaped and /or fenced in a
manner that screens the commercial use from the residences.
If landscaping is used to provide this solid screen, it
shall include evergreen shrubs planted to form a hedge of at
least six foot mature height within three years of the plant
date, except that approved driveways to an alley shall not
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be obstructed. The unused space over 24 square feet
resulting from the design of parking spaces or accessory
structures shall be landscaped.
D. One tree per 10 parking spaces shall be provided.
E. All landscaping shall comply with the vision clearance
requirements of Section 17.94.090.
Section 6. A new Chapter 17.34 of the Port Angeles
Municipal Code is hereby created, and Article IV Section 12, of
Ordinance 1709 as amended is hereby amended, to read as follows:
Chapter 17.34
M -2 - HEAVY INDUSTRIAL DISTRICT
17.34.010 - Purpose. 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.
17.34.020 - Permitted Uses
A. Automobile body, fender, laundry, paint shops and wrecking
yards.
B. Bakeries, wholesale.
C. Battery rebuild, tire repair & recapping.
D. Boiler works.
E. Book, newspaper & magazine printing & publishing.
F. Bottling plants, creameries.
G. Cabinet and carpenter shops.
H. City pound.
I. Distillation of wood, coal or bones or manufacture of any
of their by- products.
J. Draying, freight & trucking yards, terminals.
K. Dry cleaning: clothes, carpets, rugs, laundries.
L. Fuel yards.
M. Gas (illuminating or heating) manufacture or storage.
N. Power, light or steam plant.
0. Railroad yard or roundhouse.
P. Sawmill.
Q. Ship building, storage, repair, boat havens, marinas.
R. Skating rink, dance hall, boxing arena, penny arcade,
shooting gallery or similar amusement enterprise.
S. Storage yards; building materials, tractors, trucks, boats,
equipment.
T. Transportation or freight terminal.
U. Truck, trailer, motorcycle, repairing, overhauling, rental,
sales.
V. Veterinary or pet shop hospital, kennel and hatchery.
W. Warehousing, distributing plants.
X. Wood products manufacture.
Y. Utility buildings and structures.
Z. Restaurants, cafeterias.
AA. Manufacture, processing, packing, storage of:
1. alcohol
2. asbestos
3. asphalt
4. brick, tile or terra -cotta
5. brooms, brushes
6. chemicals
7. ceramics
8. celluloid or similar cellulose materials
9. cloth, cord or rope
10. concrete
11. drugs, pharmaceuticals
12. electrical products and appliances
13. food and food products
14. kelp reduction
15. lumber
16. machinery
17. perfumes
18. paint, lampblack, varnish, oil, turpentine
19. paper and pulp
20. plastics
21. prefabricated buildings
22. signs, all types
23. salt works
24. soap & soap products, toiletries
25. tar roofing or waterproofing
26. vegetable oil or other oil
BB. 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.
17.34.025 - Prohibitions.
A. 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.
B. 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.
C. Residential uses are prohibited in this District.
17.34.040 - Conditional Uses. Other uses compatible
with the intent of this Chapter.
17.34.050 - Area and Dimensional Requirements
A. 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.
17.34.060 - Parking. Parking spaces shall be as
required in Ordinance 1588 as amended (Chapter 14.40 PAMC).
17.34.070 - Signs Permitted
A. Signs and billboards as permitted by City of Port Angeles
sign codes.
B. Intermittent or flashing types are prohibited.
C. Maximum height: 35 feet, 400 sq. ft. in area.
Section 7. A new Chapter 17.40 of the Port Angeles
Municipal Code is hereby created, and Article IV Section 13, of
Ordinance 1709 as amended is hereby amended, to read as follows:
CHAPTER 17.40
PBP - PUBLIC BUILDINGS - PARK DISTRICT
17.40.010 - Purpose. 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 ".
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17.40.040 - Permitted Uses.
A. Bleachers, grandstands (subject to review by Planning
Commission).
B. Bridle trails.
C. Cemeteries and Crematoriums.
D. City Hall.
E. Civic buildings & governmental offices.
F. Common open space.
G. Courthouse.
H. Fire station.
I. Hospitals.
J. Library.
K. Marinas, boat storage.
L. Municipal pool.
M. Museum.
N. Parks, greenbelts.
O. Offstreet parking areas.
P. Picnic areas and facilities.
Q. Playfields.
R. Playgrounds.
S. Recreation structures and facilities.
T. Reservoir, utilities (underground and overhead).
U. Schools.
V. Streets, paths, and roads as required.
17.40.050 - Conditional Uses. Other uses compatible
with the intent of this Chapter.
17.40.060 - 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.
17.40.070 - Lighting Facilities. Overhead lights,
floodlights, etc., shall be constructed so as to shine away from
neighboring property as far as is practical.
17.40.080 - 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 8. A new Chapter 17.91 of the Port Angeles
Municipal Code is hereby created, and Article VI of Ordinance
1709 as amended is hereby amended, to read as follows:
CHAPTER 17.91
HOMES FOR THE ELDERLY, NURSING HOMES, GROUP CARE HOMES
17.91.010 - Purpose. In order to provide adequate
facilities and environment for elderly persons in the City of
Port Angeles, special provisions are needed and shall be
established and maintained.
17.91.020 - Location
A. Homes for the elderly, nursing homes, etc., shall be
permitted in zoning districts specified in this Ordinance,
and by Conditional Permit from the Planning Commission.
B. To obtain a Conditional Permit each developer of proposed
Elderly Housing shall meet the following requirements:
1. Market Analysis - Each developer shall submit a housing
market analysis which will accurately reveal the need,
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the supply and the demand in the City and its environs
for the type of housing which said developer proposes.
2. Site Plan - A site plan showing location of buildings,
offstreet parking areas, recreation area, screening,
driveways, fire exits and building line setbacks shall
be submitted.
17.91.030 - Lot Areas. Minimum site area - 2 acres
plus 500 sq.ft. for every bed over 20.
17.91.040 - Minimum Yard Requirements.
A. Front: 30 feet.
B. Side: 20 feet.
C. Rear: 40 feet.
17.91.050 Parking. One (1) space per three (3) beds.
17.91.060 - Recreation Area. Landscaped recreation
area shall be reserved for recreation purposes.
17.91.070 - Screening. Permanent solid fence or
evergreen screening four (4) feet in height shall be established
and maintained within three feet of the property line as required
by the Planning Commission.
Section 9. A new Chapter 17.92 of the Port Angeles
Municipal Code is hereby created, and Article VII of Ordinance
1709 as amended is hereby amended, to read as follows:
CHAPTER 17.92
WRECKING YARDS, JUNK YARDS
17.92.010 - Location. Junk yards, salvage yards,
automobile storage or wrecking yards may be permitted only in an
Industrial District.
17.92.020 - Permit Required. A permit licensing a
wrecking yard in a specified location shall be obtained from the
Washington State Patrol and the City Zoning Administrator. Fee
for said permit shall be $50.
17.92.030 - Screening. Unless otherwise specified by
the Planning Commission, a solid, site - obscuring fence seven (7)
feet or more in height shall be constructed on or within five (5)
feet of the rear and side property lines and the front yard
setback line, which shall be a distance of fifty (50) feet from
all street rights -of -way. No storage or display of any junk,
appliance, article, merchandise, or vehicle shall be permitted
outside of said required fence.
17.92.040 - Area Requirements. There shall be a
minimum lot area of three (3) acres for each junk or salvage yard
and each automobile storage and wrecking yard.
17.92.050 - Offstreet Parking Requirements. A minimum
of ten (10) offstreet parking spaces shall be required for each
junk, salvage, or wrecking yard.
Section 10. A new Chapter 17.94 of the Port Angeles
Municipal Code is hereby created, and Article IX of Ordinance
1709 as amended is hereby amended, to read as follows:
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CHAPTER 17.94
GENERAL PROVISIONS, CONDITIONS AND EXCEPTIONS
17.94.010 - FOREGOING REGULATIONS SUBJECT TO THIS
CHAPTER. The foregoing regulations pertaining to the several
zones shall be subject to the general provisions, conditions, and
exceptions contained in this Chapter.
17.94.020 - LOT AREA NOT TO BE REDUCED, EXCEPTIONS.
A. 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 residential density be
increased in any manner except in conformity with the
regulations.
B. 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:
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.
17.94.030 - USE OF LOTS OR PARCELS CONTAINING MORE THAN
MINIMUM REQUIRED LOT AREA. When a lot contains substantially two
or more times the minimum lot area required for the zone in which
it is located, and the owner desires to use each unit of area
equivalent to the minimum lot area as a separate building site,
provided not more than four (4) such units result, and no
dedication of streets, alleys, or other public ways, public
easements or public utility easements are involved, such area
units may be so utilized by resorting to the split lot procedures
as prescribed in the subdivision code. When such units are thus
defined, then all of the provisions of these regulations
governing the use of a lot in the zone in which such property is
located shall apply thereto. Each resulting unit shall be
required to have frontage upon a dedicated public street or road.
17.94.040 - MEASUREMENT OF FRONT AND SIDE YARDS. Front
yard requirements shall be measured from the front property line.
Side yards abutting a street or alley shall be measured from the
property line that abuts the right -of -way line.
17.94.050 - IRREGULAR SHAPED LOTS. The distance across
the front building line of an irregular shaped lot shall be
considered to be the lot width of said lot.
17.94.060 - YARD REQUIREMENTS FOR PROPERTY ABUTTING
HALF - STREETS OR STREETS DESIGNATED BY AN OFFICIAL CONTROL.
A. A building or structure shall not be erected on a lot which
abuts a street having only a portion of its required width
dedicated and where no part of such dedication would
normally revert to said lot if the street were vacated,
unless the yards provided and maintained in connection with
such building or structure have a width or depth of that
portion of the lot needed to complete the road width plus
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the width or depth of the yards required on the lot by these
regulations.
B. This section applies to all zones.
C. Where an official control adopted pursuant to law includes
plans for widening of existing streets, the connecting of
existing streets, or the establishment of new streets, the
placement of buildings and the maintenance of yards, where
required by these regulations, shall relate to the future
street boundaries as determined by said official control.
17.94.070 - EXCEPTION TO YARD REQUIREMENT. When the
side lot line of a lot in any zone adjoins the side lot line of
a lot in a more restrictive zone, then the adjoining side yard
for such lot shall not be less than the minimum side yard
required in the more restrictive zone.
17.94.080 - YARD AND OPEN SPACE REGULATIONS. Except as
provided in this Chapter, every required yard and open space
shall be open and unobstructed from the ground to the sky. No
yard or open space provided around any building for the purpose
of complying with the provisions of these Regulations shall be
considered as providing a yard or open space on an adjoining lot
or parcel whereon a building is to be erected.
17.94.090 - VISION CLEARANCE. In all Residential and
Rc3idential Buffcr Office Commercial Districts all corner and
reverse corner lots shall maintain, for safety vision purposes,
a triangular area within which no tree, fence, shrub, wall or
other physical obstruction shall be permitted higher than thirty
(30) inches above the established grade. Said triangular area
shall be measured as follows:
A. STREET INTERSECTIONS - At any intersection of two street
rights -of -way two sides of said triangular area shall extend
twenty (20) feet along both right -of -way lines, measured
from their point of intersection.
B. STREET AND ALLEY INTERSECTIONS - At any intersection of
street and alley rights -of -way two sides of said triangular
area shall extend ten (10) feet along both rights -of -way,
measured from their point of intersection.
C. STREET AND DRIVEWAY INTERSECTIONS - At any intersection of
a street right -of -way and a driveway, the sides of each
required triangular area shall extend ten (10) feet along
the street right -of -way line and twenty (20) feet along the
edge of the driveway, measured from the point of
intersection of each side of the driveway and the street
right -of -way line.
17.94.100 - DRIVEWAYS. Width, location, and number of
curb -cuts for driveways per lot shall be determined by standards
designed by the City Engineering Department.
17.94.110 - ACCESSORY BUILDINGS. Detached accessory
buildings on the rear one third of the lot only are permitted not
closer than 10 feet to rear property or alley line and three feet
to the side property lines, except abutting a street.
17.94.120 - PERMITTED INTRUSIONS INTO REQUIRED YARDS.
The following intrusions may project into any required yards:
A. 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.
B. 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)
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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.
C. 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.
D. Eaves with a maximum overhang of thirty (30) inches.
E. 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.
F. Porches, decks, platforms, walks, driveways, etc., not more
than 30 inches above grade.
17.94.130 - LOT COVERAGE EXEMPTIONS. The following
shall be exempt from the maximum lot coverage requirements of any
of the several zones:
A. Sidewalks, driveways, and uncovered off - street parking
spaces.
B. The first thirty (30) inches of eaves.
C. Uncovered swimming pools and hot tubs.
D. Uncovered and unenclosed concrete, brick, and stone patios,
wood decks and platforms not more than thirty (30) inches
above grade, provided however an open railing or grillwork
in conformance with the Uniform Building Code may be
constructed above any such patio, deck or platform.
17.94.140 - WALLS, FENCES, SHRUBS, HEDGES. In all
Residential and Residential Buffcr Office Commercial Districts a
wall, fence, shrub or hedge may be maintained to a maximum height
of six (6) feet on property not otherwise restricted. All vision
clearance requirements shall be maintained.
17.94.150 - STORAGE OF MERCHANDISE, VEHICLES IN YARDS
AND RIGHTS -OF -WAY.
A. In Residential and Commercial Districts, the storage of
merchandise, appliances or vehicles in front or side yards
shall be prohibited; provided, however, that car dealer-
ships, boat sales, lumber yards, nurseries, and car rental
services shall be exempt from this requirement.
B. In no zoning district shall the storage of any articles or
vehicles be permitted to extend into public rights -of -way.
17.94.160 - OFFICIAL SIGNS. Official traffic signs,
directional signs, and warning signs erected by public
authorities are hereby exempt from signage requirements in all
zones.
Section 11. A new Chapter 17.95 of the Port Angeles
Municipal Code is hereby created, and Article X of Ordinance 1709
as amended is hereby amended, to read as follows:
CHAPTER 17.95
SPECIAL PROVISIONS
17.95.010 - VACATED STREETS. Vacated streets, alleys,
places and cul -de -sacs shall assume the zone classifications of
the property which adjoined such street, alley, place or cul -de-
sac prior to vacation, and where zone classification differs from
one side to the other, then the boundary line shall be at the
former center line of such vacated street, alley, place, or cul-
de -sac.
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17.95.020 - NONCONFORMING USES.
A. 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.
B. 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.
C. 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.
D. 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.
E. Nonconformance as a Result of Annexation. All above
regulations shall apply to each nonconforming use which
comes within the City by means of annexation, from date of
annexation.
17.95.030 - NONCONFORMING BUILDING OR STRUCTURE
A. 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.
B. 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.
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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.
C. 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.
17.95.040 - YARDS TO BE ENCLOSED WITHIN A SOLID FENCE.
A. Every wrecking, salvage, junk, and used lumber yard,
equipment and material storage yards, auction houses or
second -hand stores which, after the effective date of these
regulations, exists as a nonconforming use shall in the
interest of public safety, within six (6) months after the
same becomes a nonconforming use, be completely enclosed
within a building or within a continuous solid fence no less
than six (6) feet in height or to a greater height if such
height is needed to screen completely all the operations of
such yards. The plans of said building or fence shall have
first been approved by the Planning Commission, and said
building or fence shall be maintained in full conformity
with any conditions attached to such approval.
B. New uses shall be subject to site approval of the Planning
Commission and shall be subject to any restrictions and
modifications said Commission may stipulate.
C. Noise abatement is to be enforced from 6:00 P.M. to 7:00
A.M. Burning of items on the premises is prohibited.
D. Auction houses, second -hand barns, salvage lumber and used
parts establishments shall contain all items for display or
sale within a structure or behind a sight- obscuring fence
not less than six (6) feet in height. No part of any
required front, side or rear yard shall be used for the sale
or display of any said items.
17.95.050 - MOVING OF BUILDINGS. No building
preconstructed, either partly or completely, shall be moved onto
any site until such site and such building have been approved by
the Building Inspector, subject to review by the Planning
Commission.
17.95.060 - TEMPORARY BUILDINGS.
A. Planning Director Decision
The Planning Director may issue permits for occupancy of
temporary buildings, including mobile homes, used in
conjunction with construction or reconstruction projects, or
buildings used as real estate tract offices, for a period
not to exceed one (1) year. Such temporary buildings may be
located in any zone; provided, however, sufficient setbacks
are maintained to protect the public health, safety, and
welfare. Buildings intended for a longer period of use
shall conform in every respect to all provisions of these
Regulations but will be considered by the Planning Director
at a public hearing. Requests for extensions of previously
approved temporary use permits with specified time periods
of authorization shall also be considered by the Planning
Director at a public hearing 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.
2. There have been no significant adverse changes in
circumstances.
B. Appeals
1. Any person aggrieved by the decision of the Planning
Commission or Planning Director may appeal the decision
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T
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 Section
17.96.140 of the Zoning Code. The Council's decision
shall be final unless appealed to Clallam County
Superior Court in accordance with Section 17.96.150 of
the Zoning Code.
17.95.070 - DWELLING UNITS IN COMMERCIAL AREAS.
Dwelling units that are permitted in Commercial Districts shall
•e situated in apartment buildings and motels. No one - family or
wo- family buildings shall be permitted in any Commercial
District except in the Office Commercial District (OC). Dwelling
nits situated above commercial structures shall meet yard and
1eight requirements of said commercial structures. Offstreet
i•arking spaces to be provided shall be the total commercial and
residential requirements for said zoning lot.
17.95.080 - BREEZEWAY. If an accessory building is
connected to a principal building by a breezeway the accessory
building shall not be considered an extension of and a part of
the principal building.
17.95.090 - EXCEPTIONS TO AREA REQUIREMENTS. For the
purpose of encouraging the construction of offstreet parking
space under or within a building rather than in rear, side, or
front yards, the following exceptions to minimum lot areas shall
be permitted.
For each 10 foot by 20 foot area to be permanently reserved
and used for a parking space under or within a building, a
lot area credit of 300 square feet shall be permitted. Said
lot area credit can be deducted from the required minimum
lot area, or can be used to increase a proportional number
of permitted dwelling units in motels and multi- family
structures.
17.95.100 - USES. Any uses not expressly permitted are
to be reviewed by the Planning Commission for approval or denial
in light of the zoning intentions, for each application.
17.95.110 - NON -ZONED ANNEXATION AREAS. If any area
not previously zoned is annexed to the City, it shall
automatically on annexation be classified and subject to the
provisions, restrictions, and requirements of the RS -9
Residential Single- Family District.
17.95.120 - ENERGY FACILITIES PROHIBITED. Petroleum
refineries, liquefied natural gas and liquefied petroleum gas
facilities, energy facilities, energy plants and their associated
facilities and associated transmission facilities, all as defined
i•y Chapter 80.50 RCW, are expressly prohibited uses in all zoning
lassifications.
17.95.130 - TEMPORARY SIGNS. Activities located in
ommercial districts may install temporary signs to advertise a
rand opening or social non - profit organizational event. The
emporary sign(s) shall not exceed twenty -five (25) square feet
n sign area and shall maintain the required minimum setbacks and
eight limitations of the underlying zoning district. Temporary
ign(s) shall be removed no later than thirty (30) days from
lacement and social non - profit organizations shall remove
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sign(s) placed no later than sixty (60) days following placement,
or be subject to Zoning Code enforcement action.
17.95.140 - 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.
17.95.150 - 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.
17.95.160 - 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 12. A new Chapter 17.96 of the Port Angeles
Municipal Code is hereby created, and Article XI of Ordinance
1709 as amended is hereby amended, to read as follows:
•
CHAPTER 17.96
ADMINISTRATION AND ENFORCEMENT
17.96.010 - SCOPE OF REGULATIONS
All buildings erected hereafter, all uses of land or
buildings established hereafter, all structural alteration
or relocation of existing buildings occurring hereafter, all
enlargements of or additions to existing uses occurring
hereafter, shall be subject to these Zoning Regulations
which are applicable to the zoning districts in which such
buildings, uses, or land shall be located.
Where a building permit for a building or structure has been
issued in accordance with law prior to the effective date of
these Zoning Regulations, and provided that construction has
begun by said date, said building or structure may be
completed in accordance with the approved plans on the basis
of which the building permit has been issued, and upon
completion may be occupied under a certificate of occupancy
by the use for which originally designated, subject
thereafter to the provisions in regard to nonconforming
buildings, uses, and structures.
17.96.020 - INTERPRETATION
In the interpretation and application of these Zoning
Regulations, the provisions of these Regulations shall be
held to be the minimum requirements for the promotion of
public health, safety, and welfare.
Where the conditions imposed by any provisions of these
Zoning Regulations upon the use of land or buildings or upon
the bulk of buildings are either more restrictive or less
restrictive than comparable conditions imposed by any other
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provision of these Zoning Regulations or of any other law,
ordinance, resolution, rule, or regulation of any kind, the
regulations which are most restrictive (or which impose
higher standards or requirements) shall govern.
C. These Zoning Regulations are not intended to abrogate any
easement, covenant, or any other private agreement; PROVIDED
that where these regulations are more restrictive (or impose
higher standards or requirements) than such easements,
covenants, or other private agreements, the requirements in
these Zoning Regulations shall govern.
D. No building, structure, or use which was not lawfully
existing at the time of the adoption of these Zoning
Regulation shall become or be made lawful solely by reason
of the adoption of these Zoning Regulations, and to the
extent and in any manner that said unlawful building,
structure or use conflicts with the requirements of these
Zoning Regulations, said building, structure, or use remains
unlawful.
17.96.030 - RULES FOR INTERPRETING ZONING BOUNDARIES
A. When uncertainty exists as to the boundaries of zones as
indicated on the Official Zoning Map, the following rules
shall apply:
1. Boundaries shown on the Zoning Map as approximately
following the center line of streets, alleys, highways
or City limits shall be construed as following such
center lines and City limits.
2. Distances not specifically indicated on the Zoning Map
shall be determined by applying the scale of the Map.
3. Where a zone boundary line parallel, or approximately
parallel, to a street divides a lot or property in
single ownership having street frontage in a less
restrictive zone, the provisions applicable to the less
restrictive zone may be extended to the entire lot, but
in no case for a distance of more than twenty -five (25)
feet. Where such zone boundary line divides a lot
having street frontage only in a more restrictive zone,
the provisions of these Regulations covering the more
restrictive portion of such lot shall extend to the
entire lot.
4. Where a zone boundary line divides a lot of single
ownership and such line is at right angles or
approximately at right angles to the street, highway or
place upon which said lot fronts, the provisions of
these Regulations applicable in the less restrictively
zoned portion of the lot may be extended to the entire
lot or for a distance of twenty -five (25) feet from
such zone boundary line, whichever is the lesser
distance.
5. Where a zone boundary line, as indicated on the Zoning
Map, follows the top or bottom of a bluff or bank, such
line shall be at the point which is the average grade
of the slope for the bank and top, or bottom, as
determined by the City Engineer.
17.96.040 - SUBSTANDARD LOTS, RECORDED LOTS
A. When a lot has less than the minimum required area, width or
depth in any zoning district, and said lot was of record on
the effective date of these Zoning Regulations, such lot
shall be deemed to have complied with the minimum required
lot area, width, or depth in such zoning district.
B. A legal building, structure may be permitted on said lot of
record providing it meets all front, side, and rear yard
requirements.
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17.96.050 - CONDITIONAL USE PERMIT
A. The Planning Commission shall consider all applications for
Conditional Use Permits and may grant said permits for such
uses as by these regulations are REQUIRED TO BE REVIEWED AND
WHICH CAN BE PERMITTED ONLY UPON THE GRANTING OF A
CONDITIONAL USE PERMIT. The Planning Commission may refuse
to issue a Conditional Use Permit if the characteristics of
the intended use as related to the specific proposed site
are such as would defeat the purpose of these Zoning
Regulations by introducing incompatible, detrimental, or
hazardous conditions.
B. In each application the Planning Commission may impose
whatever restrictions or conditions it considers essential
to protect the public health, safety, and welfare, and to
prevent depreciation of neighboring property.
C. Purpose of a Conditional Use Permit: The purpose of a
Conditional Use Permit shall be to assure that the maximum
degree of compatibility between uses shall be attained. The
purpose of these regulations shall be maintained with
respect to the particular use of the particular site and in
consideration of other existing and potential uses within
the general area in which such use is to be located.
17.96.060 - VARIANCES AND DECISIONS OF BUILDING
INSPECTOR. All requests for variances and appeals from decisions
of the Building Inspector shall be handled by the Board of
Adjustment in accordance with its powers and rules.
17.96.070 - HEARING AND APPEAL OF CONDITIONAL USE
APPLICATIONS
A. 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 Section 17.96.140, 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 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.
B. 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.
C 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 Section
17.96.140, of the Zoning Code. The Council's decision
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shall be final unless appealed to Clallam County
Superior Court in accordance with Article XI, Section
15, of the Zoning Code.
D. 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.
E. 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.
F. 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.
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.
17.96.080 - FILING FEES. A fee for the filing and
processing of applications for all permits required by this
Ordinance shall be paid at the time an application is submitted.
The amount of the fee shall be set by Resolution of the City
Council, and may be amended or changed by Resolution from time to
time, or as necessary.
17.96.090 - ZONING INITIATION BY THE PLANNING
COMMISSION. On its own action, or if requested by the Council,
the Planning Commission shall cause to be prepared official
controls which, when adopted by ordinance by the Council, will
further the objectives and goals of the Comprehensive Plan. The
Planning Commission may also draft such regulations, programs and
legislation which, in its judgment, are required to preserve the
integrity of the Comprehensive Plan and assure its systematic
execution, and the Planning Commission may recommend such plans,
regulations, programs and legislation to the Council for
adoption.
17.96.100 - AMENDMENTS.
A. In determining if an amendment to these regulations is
needed the City Council shall give due consideration to the
proper relationship of such amendment to the Comprehensive
Plan and the entire zoning regulations; it being the intent
to retain the integrity and validity of the zoning districts
herein described, and to avoid any isolated spot zoning
changes in the Zoning Map.
B. Any amendments adopted by the Council may be modified from
the form in which they were advertised within the limits
necessary to relate properly such amendment or amendments to
the Zoning Regulations. Final action on such modifications
shall be subject to review and report of the Planning
Commission prior to final passage by the City Council.
C. No application for a change of zoning of any lot, parcel or
portion thereof shall be considered by the Council within
one year of the final action of the Council upon a prior
application covering any of the same described land. This
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provision, however, shall not impair the right of the
Council to propose any amendment or change in the boundaries
of any of the districts in these regulations, on its own
action.
17.96.110 - SUBDIVIDING AND PLATTING. The City Council
shall review all proposed land plats and subdivisions and shall
have the power to approve or deny said plats and to require any
modifications necessary to assure conformance to the general
purposes of the Comprehensive Plan, and to standards,
specifications, and regulations established by State law, by City
of Port Angeles Subdivision Regulations and by these Zoning
Regulations.
17.96.120 - ENFORCEMENT.
A. It shall be the duty of the Planning Director to enforce all
provisions of this Ordinance. No oversight or dereliction
on the part of the 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 Title.
B. 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 Title or any other Ordinance now in force referring
to this Title. Any permit or license so issued shall be
null and void.
C. 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 Title, 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 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.
17.96.130 - ENTRY UPON PRIVATE PROPERTY. The Building
Inspector, members of the Commission, and the Planning or
Engineers' staff, in the performance of their functions and
duties, may, on notification, except in an emergency, enter upon
any land and make examinations and surveys. Provided, that such
entries and examinations do not damage or interfere with the use
of the land by those persons lawfully entitled to the possession
thereof.
17.96.140 - NOTICE OF PUBLIC HEARINGS. Notice of
public hearings required pursuant to the Zoning Code shall be
given as follows:
A. 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.
B. 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:
1. 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
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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.
2. 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.
17.96.150 - APPEALS. Any appeal of a final decision
rendered by the City Council pursuant to the Zoning Code shall be
filed in Clallam County Superior Court within fifteen (15) days
of such final decision or be barred.
17.96.160 - CODE REVISOR. 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.
17.96.170 - 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 requirements of the State
Environmental Policy Act (SEPA) Chapter 43.21C RCW.
17.96.180 - PENALTIES. Any person, firm, or
corporation violating any provisions of this Ordinance shall be
guilty of a misdemeanor, and upon conviction thereof shall be
punishable by a fine of not more than $500 or by imprisonment for
a term not to exceed six months, or by both fine and
imprisonment. Such person, firm, or corporation shall be deemed
guilty of a separate offense for each and every day during any
portion of which any violation of this Ordinance is committed,
continued, or permitted by such person, firm, or corporation, and
shall be punishable as herein provided.
Section 13 - Repealer. Sections 3, 4, 12, and 13 of
Article IV, Ordinance 1709, as amended, are hereby repealed.
Section 14 - Severability. It is hereby declared to be
the intention of the City Council that the several provisions of
this Zoning Ordinance are separable, in accordance with the
following:
A. If any court of competent jurisdiction shall adjudge any
provision of this Zoning Ordinance to be invalid, such judgment
shall not affect any other provision of this Zoning Ordinance not
specifically included in said judgment.
B. If any court of competent jurisdiction shall adjudge invalid
the application of any provision of this Zoning Ordinance to a
particular property, building, or other structure, such judgment
shall not affect the application of said provision to any other
property, building, or structure not specifically included in
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said judgment.
Section 15 - 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.
ATTEST:
Becky J. pt•�, Ci Clerk
APPRO D AS TO FORM:
A _
Craig D. Knu son, City A orney
PUBLISHED: January 12, 1992
ZONE.1
(By Summary)
/ M A Y'\0 •
Summary of Ordinance Adopted by the
Port Angeles City Council
on January 7. 1992
Ordinance No. 2668
This Ordinance of the City of Port Angeles amends the Zoning Code, Ordinance
1709, as amended, by codifying and making minor organizational changes.
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
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