HomeMy WebLinkAbout2796ORDINANCE NO. 2 7 9 6
AN ORDINANCE of the City of Port Angeles,
Washington, making numerous minor wording
and clarification amendments to the Zoning -
Code, Ordinance 1709, as amended, and
Title 17 of the Port Angeles Municipal Code.
THE CITY COUNCIL OF THE CITY OF PORT ANGELES DOES ORDAIN as
follows:
Section 1. The Zoning Code, Ordinance 1709, as amended by Section 1 of Ordinance
2652, and Section 17.08.040 of the Port Angeles Municipal Code are hereby amended to read
as follows:
17.08.040 - "G"
A. Garage, Private - a building or structure other than a portion of the main
building, enclosed on not less than three sides and designed or used only for the shelter or
storage of vehicles, primarily only those vehicles belonging to the occupants of the main
building.
B. Garage, Public - a building or structure other than a private garage, used for
the care, repair, or storage of automobiles, or where motor vehicles are kept for
remuneration, hire, or sale.
C. Group Home - a non - independent, non - family, housekeeping unit in which the
residents are assisted by an outside agency or organization. Some examples of group homes
include state licensed home for the handicapped and physically disabled. homes for the
mentally ill, homes for those with developmental disabilities, except that group homes do not
include adult family homes, supported living arrangements or residential care facilities. They
also include state licensed group homes for residential centers for rehabilitation from alcohol
and drugs, and transitional housing for victims of domestic violence.
Section 2. The Zoning Code, Ordinance 1709, as amended, and Section 17.08.060
of the Port Angeles Municipal Code are hereby amended to read as follows:
17.08.060 - "L"
A. Legal Building, Structure, Land Use - any building, structure or use of the
land that complies with all zoning requirements.
B. Lot - a lot is a zoning lot, except as the context shall indicate a lot of record,
in which case a lot is a "lot, of record".
C. Lot Area - the total area within the lot lines of a lot, excluding any primary
access easements or panhandles.
ED. Lot, Corner - a lot situated at the intersection of two or more streets.
E. Lot Coverage - the amount or percent of the ground area of a lot on which
buildings are located. This amount /percent shall include all areas which are partially or
totally enclosed and covered by a weathertight roof or trellis structure, including any garages,
carports and cantilevered portions of a building, and structures covered by a watertight roof
or trellis even if not fully enclosed. Lot coverage does not include the first horizontal 30
inches of the roof overhang nor does it include uncovered decks and porches not higher than
30 inches from the ground.
F. Lot, Reverse Corner - a corner lot in which the rear property line coincides
with the side property line of an abutting lot.
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G. Lot, Through - a lot having two opposite lot lines abutting public streets which
are usually more or less parallel to each other; not a corner lot. Both lot lines abutting
streets shall be deemed front lot lines.
�H. Lot, of Record - a parcel of land that is registered as a lot or parcel of land
in the records of the County Auditor.
I. Lot Width - the horizontal distance between side lot lines measured at right
angles to the lot depth at a point midway between the front and rear lot lines, provided the
average horizontal distance between side lot lines must also meet or exceed the minimum lot
width required.
DJ. Lot, Zoning - a single tract of land located within a single block, which at the
time of filing for a building permit, is designated by its owner or developer as a tract to be
used, developed, or built upon as a unit, under single ownership or control. A zoning lot
may or may not coincide with a lot of record.
1-171(. Lot Line, Front - that boundary of a lot which abuts a street. On a panhandle
lot, the front lot line and setbacks shall be determined during the subdivision approval
process, or, if not determined during subdivision review, shall be determined by the Planning
Director.
1 L. Lot Line, Rear - that boundary of a lot which is most distant from and is most
nearly parallel to the front lot line.
JIM. Lot Line, Side - any boundary of a lot which is not a front nor a rear lot line.
Section 3. The Zoning Code, Ordinance 1709, as amended by Section 1 of Ordinance
2652, and Section 17.08.065 of the Port Angeles Municipal Code are hereby amended to read
as follows:
17.08.065 - "M"
A. Manufactured Home - Factory built, single - family structures that meet the
National Manufactured Home Construction and Safety Standards Act (42 U.S.C. Sec. 5401).
commonly known as the HUD (U.S. Department of Housing and Urban Development) Code.
-ALAI Medical - Dental Building - a building or group of buildings designed for the
use of physicians and dentists and others engaged professionally in such healing arts for
humans as are recognized by the laws of the State of Washington.
137C. Motel - an establishment consisting of a group of living or sleeping
accommodations with bathroom, with or without kitchen facilities, located on a single zoning
lot and designed for use by transient tourists.
€D. Motor Freight Terminal - a building or area in which freight brought by motor
truck is assembled and/or stored for routing intrastate and interstate shipment by motor truck.
Section 4. The Zoning Code, Ordinance 1709, as amended by Section 1 of Ordinance
2652, and Section 17.08.070 of the Port Angeles Municipal Code are hereby amended to read
as follows:
17.08.070 - "N"
A. Nonconforming Building or Structure - any building or structure which does
not conform with the lot area, yard, height, or lot coverage restrictions in these Regulations,
or is designed or intended for a use that does not conform to the use regulations for the
district in which it is located, either at the effective date of these Regulations or as the result
of subsequent amendments to these Regulations.
B. Nonconforming Lot - a legally established lot, the area, dimensions or location
of which met the applicable zoning code requirements in effect at the time the lot was
created, but which fails by reason of such adoption, revision or amendment of the Zoning
code, to conform to the present requirements of the zone in which it is located.
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C. Nonconforming Use - any use of land, building or structure which does not
comply with all of these Zoning Regulations or of any amendment hereto governing use for
the zoning district in which such use is situated.
€D. Noxious Matter - material capable of causing injury to living organisms by
chemical reaction, or is capable of causing detrimental effects upon the physical or economic
wellbeing of individuals.
Section 5. The Zoning Code, Ordinance 1709, as amended by Section 1 of Ordinance
2666, and Section 17.08.095 of the Port Angeles Municipal Code are 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.
B. Setback - the required minimum distance between any lot line and any structure
or building.
C. 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.
D. Sign, Attached - a sign or billboard, lighted or unlighted, directly attached to,
supported by, and no more than 2 feet distance from, a building.
E. Sign, Billboard - an outdoor advertising display, structure or sign, over 250
square feet in area, attached or detached, lighted or unlighted.
F. 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.
G. 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.
H. 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.
I. 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.
J. 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. Single Family Residence - one detached dwelling on an individual lot for
occupancy by one family.
ILL. 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.
1-M. Stand - a structure for the display and sale of products, with no space for
customers within the structure itself.
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M N. 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.
10. Street - a public right -of -way which affords a primary means of access to
abutting property.
O-P. Street Right -of -Way Line - the boundary line between a street and abutting
property.
P Q. 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.
QR. 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.
RS. 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 6. The Zoning Code, Ordinance 1709, as amended by Section 3 of Ordinance
2668, and Section 17.12.040 of the Port Angeles Municipal Code are hereby amended to read
as follows:
17.12.040 Conditional Uses.
A. Business parking.
B. Child day are centers and pre - schools.
C. Churches.
D. Golf courses.
E. Group Homes and hospices.
F. Home Occupations
1G. Hospitals and rest homes.
Gr.H. Libraries.
147I. Motels.
M. Public and private schools.
K. Public parks.
&L. Publicly subsidized senior housing developments at a maximum of 58 units per
acre.
1 =■. Residential care facilities.
M7N. Utility buildings and structures.
N70. Other uses compatible with the intent of this section.
Section 7. The Zoning Code, Ordinance 1709, as amended by Section 4 of Ordinance
2668, and Section 17.13.020 of the Port Angeles Municipal Code are hereby amended to read
as follows:
17.13.020 Permitted Uses.
A. Mobile homes.
B. Manufactured homes on individual lots that meet the development standards
minimum lot area and dimension requirements of the RS -7 zone district.
Section 8. The Zoning Code, Ordinance 1709, as amended by Section 4 of Ordinance
2668, and Section 17.13.050 of the Port Angeles Municipal Code are hereby amended to read
as follows:
17.13.050 Area and Dimensional Requirements for Trailer Parks.
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,
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.
Section 9. The Zoning Code, Ordinance 1709, as amended by Section 1 of Ordinance
2483, and Section 17.18.070 of the Port Angeles Municipal Code are hereby amended to read
as follows:
17.18.070 Planning Director's Decision. Following the public hearing the Planning
Director shall, in writing, approve, deny or approve with modifications or conditions, the
application. The Planning Director shall attach such conditions as may be deemed necessary
to ensure land use compatibility, public safety, and compliance with all standards and
requirements of this Chapter. Said written decision shall include findings based upon
compliance with the development standards (.050)(.040) and the following criteria:
A. Water, sewer, power, road, police and fire, and refuse disposal must be
available and adequate for the proposed use. On -site sewage systems may be utilized if
principal sewer service is not available and the County Health officials approve the system
for the proposed use.
B. The proposal should not cause detrimental effects on the surrounding
residential area as a result of changes in the following elements (but not limited to just these
elements): traffic, noise, activities occurring on -site, lighting, and the ability to provide
utility service.
C. The proposal shall be compatible with surrounding residential area because the
treatment of the following aspects (but not limited to the following only) is adequate to assure
compatibility: landscaping, location of structure(s), parking areas, and the residential nature
of construction and /or architectural details of the structure.
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Section 10. The Zoning Code, Ordinance 1709, as amended by Section 2 of
Ordinance 2752, is hereby amended by amending Section 17.26.160 of the Port Angeles
Municipal Code to read as follows:
17.26.160 Conditional Uses.
A. Buildings or development necessary for the operation of a public utility.
B. Churches.
C. Drive -in restaurants, restaurants with cocktail lounges and taverns, all of which
have direct customer access to an alley abutting residentially zoned property.
D. Fire Stations.
E. Independent off - street parking structures and lots.
F. Licensed wrecking yards.
G. Massage parlors, saunas and steam baths, as primary use.
I1. Microbreweries.
}I. Parks and public piers.
17J. Recreational vehicle courts and parks.
J-K. Retail stands, subject to Ordinance No. 2070 (Chapter 17.87).
ILL. Salvage stores and yards, recycling stores.
M. Shopping malls, exceeding 63,000 square feet in land area.
1471s1. Social service agencies providing 24 -hour residential care.
I-O. Vehicle body and paint shops.
€4 P. Veterinary clinics, offices and kennels, provided:
1. buildings and structures are soundproof.
2. all run areas are surrounded by an 8 -foot solid wall or fence.
3. animal runs are to be constructed in such a manner that no animal can
see another.
4. that an incinerator of a type approved by the local health department
is installed.
IzQ Other uses compatible with the intent of this Chapter.
Section 11. The Zoning Code, Ordinance 1709, as amended by Section 3 of
Ordinance 2752, is hereby amended by amending Section 17.28.160 of the Port Angeles
Municipal Code to read as follows:
17.28.160 Conditional Uses.
A. Marine fueling stations.
B. Supermarkets
C. Boat sales, marine items, and related servicing.
D. Glass stores.
E. Retail food stands, subject to Chapter 17.87 of the Zoning Ordinance.
F. Social service agencies providing 24 -hour residential care.
G. Buildings necessary for the operation of a public utility.
H. Churches.
I. Parks and Public Piers.
J. Rest, retirement, nursing, and convalescent centers.
K. Independent off - street parking lots and structure.
L. Shopping malls over 63,000 square feet.
M. Self - service gas Islands.
N. Other uses compatible with the intent of this Chapter.
O. Fire Stations.
P. Microbreweries.
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Section 12. The Zoning Code, Ordinance 1709, as amended by Section 1 of
Ordinance 2742,is hereby amended by amending Section 17.32.020 of the Port Angeles
Municipal Code to read as follows:
17.32.020 Permitted Uses.
A. Manufacturing:
1. Clothing, shoes, and garments.
2. Electrical, electronic, and communications equipment.
3. Handicrafts, jewelry, musical instruments, and toys.
4. Assembly of machinery, such as but not limited to engines, vehicles,
boats, aircraft, and parts thereof.
5. Medical, dental, optical, and orthopedic instruments and appliances.
6. Assembly of metal products, such as small arms, pens, office furniture,
tools, and household appliances.
7. Plastic and other synthetic products.
8. Pharmaceutical and drug products
9. Wood products, such as cabinets, furniture, fixtures, and pre- fabricated
building components.
10. Assembly of mobile and modular homes and home components.
11. Microbreweries.
B. Retail:
1. Auto and truck service stations.
2. Retail establishments accessory to building materials, electrical, and
plumbing supplies.
3. Restaurants and cafes.
4. Cocktail lounges and taverns.
5. Chain saw sales and service.
C. Wholesale Distribution:
1. Warehouse buildings and yards.
2. Wholesale businesses.
D. Services:
1. Building maintenance and janitorial services.
2. Laundry and dry cleaners.
3. Machinery maintenance and repair shops.
4. Mini - warehouses.
5. Business and professional offices.
6. Research and development laboratories.
7. Storage yards and maintenance shops for builders, contractors, and
governmental agencies.
E. Transportation and Communication:
1. Airports, airport terminals, and related facilities.
2. Freight companies.
3. Household moving and storage.
4. Independent off - street parking structures and lots.
5. Mass transit terminals.
6. Parcel delivery service.
7. Printing, publishing, and book - binding.
8. Vehicular services, such as automotive and truck rentals, vehicle
maintenance and repair shops, and vehicle body and paint shops.
9. Utility buildings and structures.
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T
Section 13. The Zoning Code, Ordinance 1709, as amended by Section 2 of
Ordinance 2702, is hereby amended by amending Section 17.40.040 of the Port Angeles
Municipal Code to read as follows:
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. Landfills.
J-K. Library.
K L. Marinas, boat storage.
1-M. Municipal pool.
M-N. Museum.
N7O. Parks, greenbelts.
O:P. Offstreet parking areas.
P . Picnic areas and facilities.
Q R. Playfields.
S. Playgrounds.
&T. Recreation structures and facilities.
Reservoir, utilities (underground and overhead).
UV. Schools.
¥W. Single- family residences which meet the requirements of the RS -7 District.
VAX. Streets, paths, and roads as required.
Section 14. The Zoning Code, Ordinance 1709, as amended by Section 1 of
Ordinance 2657, is hereby amended by amending Section 17.70.040 of the Port Angeles
Municipal Code to read as follows:
17.70.040 Permitted Modifications of Land Use Regulations. The approval of a
Planned Residential Development may include modifications in the requirements and
standards of the underlying land use regulations of the district in which the project is located,
subject to the limitations of this Chapter, except that no approval shall include a modification,
variance or waiver of the setback areas required by the underlying zoning districts along the
exterior property lines of the PRD or of the requirements of the Shoreline Master Program
except as provided in Chapter 173 -14 WAC. For the purpose of this section, minimum
setbacks along exterior property lines shall be 25 feet.
Section 15. The Zoning Code, Ordinance 1709, as amended by Section 11 of
Ordinance 2668, is hereby amended by amending Section 17.95.070 of the Port Angeles
Municipal Code amended to read as follows:
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1
17.95.070 Dwelling Units in Commercial Areas. Dwelling units that are permitted
in Commercial Districts shall be situated in apartment buildings and motels.
or two family buildings shall be permitted in any Commercial District cxccpt 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 16. The Zoning Code, Ordinance 1709, as amended by Section 12 of
Ordinance 2668, is hereby amended by amending Section 17.96.070 of the Port Angeles
Municipal Code to read as follows:
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 §17.96.140, 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.
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 §17.96.140. The Council's decision shall be final unless
appealed to Clallam County Superior Court in accordance with § 17.96.150.
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 or applying
for necessary building permit(s) 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
4extended for ninety days to allow the City adequate time to review the extension request.
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Section 17. This Ordinance shall be effective five (5) days after the date of
publication by summary.
PASSED by the City Council of the City of Port Angeles at a regular meeting of said
Council held on the 1 s t day of
ATTEST:
AZ4A, 1./.5+-Ci_
Becky J. Upton, vity Cl k
APPROVED AS TO FORM:
Craig D. utson, City Attorney
PUBLISHED: February 6 , 1994
(By Summary)
1 -3.Ord
February
, 1994.
Summaries of Ordinances Adopted by the
Port Angeles City Council
on February 1, 1994
Ordinance No. 2793
This Ordinance of the City of Port Angeles exempts from short subdivision requirements the
division of parcels of land traversed by public ways, such as streets, roads, highways, and alleys,
and amends Ordinance No. 2222 and Chapter 16.04 of the Port Angeles Municipal Code.
Ordinance No. 2794
This Ordinance of the City of Port Angeles provides for review of the Planning Director's zoning
code interpretations and amends Ordinance No. 1796 and Section 2.52.070 of the Port Angeles
Municipal Code.
Ordinance No. 2795
This Ordinance of the City of Port Angeles revises the width and depth requirements for
subdivision lots and amends Ordinance No. 1631 and Section 16.08.050 of the Port Angeles
Municipal Code.
Ordinance No. 2796
This Ordinance of the City of Port Angeles makes numerous minor wording and clarification
amendments to the Zoning Code, Ordinance No. 1709, as amended, and Title 17 of the Port
Angeles Municipal Code.
Ordinance No. 2797
This Ordinance of the City of Port Angeles bifurcates the commercial residential and community
shopping district zoning regulations, and amends Ordinance No. 1709, as amended, and amends
Title 17 of the Port Angeles Municipal Code.
The full texts of the Ordinances are 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.
These Ordinances shall take effect five days after the date of publication of these summaries.
Publish: February 6, 1994
Becky J. Upton
City Clerk