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HomeMy WebLinkAbout2861ORDINANCE NO. 2 861 AN ORDINANCE of the City of Port Angeles amending the City's Zoning code as set forth in Title 17 of the Port Angeles Municipal Code and Ordinance No. 1709, as amended, in order to comply with the City's newly adopted Comprehensive Plan and the State's Growth Management Act. WHEREAS, on June 28, 1994, the City Council adopted a new Comprehensive Plan; and WHEREAS, the Comprehensive Plan, in compliance with the State's Growth Management Act, is the primary statement of City policy from which other policies and regulations are derived; WHEREAS, the Growth Management Act requires development regulations such as the Zoning Code to be amended consistent with the Comprehensive Plan by January 1, 1995, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PORT ANGELES DOES ORDAIN as follows: Section 1. Ordinance No. 1709, as amended, and Title 17 of the Port Angeles Municipal Code are hereby amended to read as follows: Zoning 17.01 Purpose and Scope 17.03 Establishing Mapped Zones and Regulations 17.08 Rules and Definitions 17.10 RS -7 - Residential, Single Family (7,000 sq. ft.) 17.11 RS -9 - Residential, Single Family (9,000 sq.ft.) 17.13 RTP - Residential Trailer Park 17.14 RMD - Residential, Medium Density District 17.4215 RMFRHD - Residential, High Density District 17.9416 Homes for the Elderly, Nursing Homes, Elderly Group Care Homes Conditional Use Permit 17.8617 HO Home Occupations Conditional Use Permit 17.18 Bed and Breakfast Conditional Use Permit 17.7019 PRD - Planned Residential Development District Overlay Zone 17.20 OECD - Office Commercial, Office Diet 17.21 ERCN - Commercial, Neighborhood 17.22 CSD - Community Shopping District 17.23 CN Neighborhood Commercial District 17.2623 ACDCA - Arterial Commercial. Arterial District 17.2824 CBD - Central Business District 17.6725 Adult Entertainment Conditional Use Permit 17.8-726 RS Retail Stand Conditional Use Permit 17.30 IP - Industrial Park 17.32 EIIL - Eight Industrial, Light Dist iet 17.34 M 2IH - Heavy Industrial. Heavy 17.9235 Wrecking Yards, Junk Yards Conditional Use Permit 17.40 PBP - Public Buildings and Parks 17.42 FL - Forest Lands 1 17.94 General Provisions, Conditions and Exceptions 17.95 Special Provisions 17.96 Administration and Enforcement CHAPTER 17.01 PURPOSE AND SCOPE Sections: 17.01.010 Purpose. 17.01.010 Purpose. This comprehensive Ordinance is adopted for the following purposes: A. To implement the requirements of the State Growth Management Act of 1990 through the goals. policies. and objectives of the Port Angeles Comprehensive Plan dividei_g the City into zones 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. and public areas within the City, and to promote the orderly and appropriate development of such areas. C. To regulate the intensity of use of lots and parcels of land, and to determine the tee€ -epen spaces surrounding buildings necessary to provide adequate light, air, privacy, and access to property. D. To sustain natural landscapes. corridors. and habitats for fish and wildlife and to provide relief from the urban landscape within the community through the designation of open space areas. I. 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, a fer the loading and unloading of commercial vehicles. public transit access. and pedestrian safety. EF. To establish building lines and the location of buildings designed for residential, commercial, manufacturing, public. or other uses within such lines. EG. To prevent the overcrowding of land and undue concentration of structures and to preserve existing unusual. unique. and interesting features of the natural landscape so far as is possible and is appropriate in each district zone; by regulating the use and the bulk of buildings in relation to the land surrounding them. GH. To provide protection from fire, explosion, noxious fumes, and other hazards and to maintain the quality of life in the interest of public health, safety, comfort, and general welfare by establishing minimum level of service standards throughout the City. PII. 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. JJ. To prohibit uses, buildings, or structures which are incompatible with the character of develepit -or the permitted uses within specified zones' SK. To conserve the taxable value of land and buildings throughout the City. L. To encourage the preservation of historic or culturally significant sites and structures throughout the City. KM. To define and to limit the powers and duties of the administrative officers and bodies as provided herein and to protect the private property rights of landowners from arbitrary. capricious. and discriminatory actions. N. To improve the variety, quality, availability. and affordability of the housing opportunities in the City. LO. Zoning Intentions: 1. RS -7 Zone - - .. .. : ' - - This is a low density residential zone intended to create and preserve urban single - family residential 2 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 distriet zone. 2. RS -9 Zone - - .. -; , , ' ' : This is a low density residential zone intended to create and preserve suburban single - family residential neighborhoods 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 zone. 63. RTP Zone - This tene is a medium density residential zone intended f o r mobile home occupancies, : - . - - ' ; - : . , - _ ., - - .. _: , ; • and the area is regarded as essentially residential in character. 34. RMD Zone - This Eerie is a medium density residential zones, which allows a mix of single - family, duplexes and apartments at a density greater than single - family neighborhoods but less than the RHD District Zone. The permitted uses in the RMD Zone are also intended to be more restrictive than the RHD Zone. Commercial uses are not considered to be compatible. 45. RHD Zone - This zone is the — designer a high density residential zone 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. 36. PRD District Overlay Zone - This District overlay zone is to provide alternative zoning regulations which permit and encourage design flexibility, conservation and protection of natural amenities critical areas, and innovation in residential developments to those regulations found in the underlying zone. 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 zones. 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. 7. 9EC0 Zone - It This is a commercial zone intended 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. 8. CN Zone , This is a commercial zone intended to create and preserve areas for businesses that which are of the type provideing the goods and services for the day -to -day needs of the surrounding residential areas neighborhoods. Such a District Businesses in this zone shall occur on sites no larger than one acre and shall be located and designed to encourage both pedestrian and vehicular access and to be compatible with adjacent residential neighborhoods. 9. CR Zone This zoning is essentially the same as the CN District 4A9. CSD Zone - This is a commercial zone is -alse oriented primarily to those businesses serving the immediate daily needs of the surrounding residential zones neighborhoods but is slightly less restrictive than the CRCN zone and as such provides a transition area from the most restrictive commercial zones to those of lesser restrictions. 3 1 Businesses in this zone may occur on sites of varying sizes and shall be located at the intersections of arterial streets of sufficient size to satisfy traffic demand and at the boundaries of neighborhoods so that more than one neighborhood may be served. 4110. ACDCA Zone - This is a commercial zone intended Tto create and preserve areas for business serving the entire City that and needing an arterial location because of the nature of the business or intensity of traffic generated by the business. 11. CBD Zone - This is a commercial zone intended Tto strengthen and preserve the area commonly known as the Downtown for major retail, service, financial, and other commercial operations that serve the entire community, the regional market, and tourists. It is further the purpose of this Distriet zone to establish standards to improve pedestrian access and amenities and to increase public enjoyment of the shoreline. 12. IP Zone - This is an industrial zone intended to create and preserve areas for office, commercial. and industrial uses devoid of exterior nuisances in a planned. park -like setting. 13. AIL Zone - This is an industrial zone intended Tto create and preserve areas for industrial uses which are largely devoid of exterior nuisances ifr-a in close proximity to airports and highways. 14. IIH Zone - This is Tthe least restrictive industrial area zone intended to be the area in which heavy industry could develop causing the least friction impact on other land uses. 15. PBP Zone - A zoning designation for publicly -owned property, or property i less 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 ". 2916. Elderly Housing Conditional Use - The purpose of this Chapter is to establish and maintain special provisions needed I -erler to provide adequate facilities and environment for elderly persons in the City of Port Angeles, 17. Home Occupation Conditional Use - The purpose of the Home this Chapter is to ensure that an occupation or business undertaken within a dwelling unit located in a residential use district is incidental and subordinate to the primary use and is compatible with the residential character of the neighborhood. 4-618. Bed and Breakfast Conditional Use - The purpose of the -bcd-and this Chapter is to ensure the that a 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. 19. Adult Entertainment Conditional Use - The purpose of this Chapter is to ensure that adult entertainment businesses are appropriately located and operated within the City of Port Angeles, are compatible with uses allowed within the City, and are conducive to the public health, safety, and welfare. 4-820. 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. 21. Wrecking Yard Conditional Use - The purpose of this Chapter is to ensure that licensed wrecking yards are appropriately located. are compatible with uses allowed within the City. and are conducive to the public health. safety. and welfare. CHAPTER 17.03 ESTABLISHING MAPPED ZONES AND REGULATIONS 4 1 Sections: 17.03.010 Purpose. 17.03.020 Zoning Map. 17.03.010 Purpose. For the purpose of these Regulations the City of Port Angeles is divided into twelve fourteen zoning classifications as follows: ABBREVIATED CHAPTER DESIGNATION ZONE CLASSIFICATION 17.10 RS -7 Residential., Single Family Distriet 17.11 RS -9 Residential, Single Family Distriet 17.13 RTP Residential Trailer Park Distriet 17.14 RMD Residential, Medium Density_Distfiet 17.4215 RHD Residential, High Density Distriet 17.19 PRD Planned Residential Development Overlay Zone 17.20 OECO Office Commercial, Office District 17.21 CCN Commercial, Neighborhood 17.22 CSD Community Shopping District 17.23 CN Neighborhood Commercial District 17.2623 —AC–DCA Aftefial Commercial, Arterial 17.2824 CBD Central Business District 17.30 IP Industrial Park 17.32 L-HL Light Industrial. Light Park istfict 17.34 M 21H Heavy Industrial. Heavy Distfiet 17.40 PBP Public Building - Park District 17.42 FL Forest Lands 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. The Zoning Map shall be consistent with the City's Comprehensive Plan Land Use Map, and the land use designations on the Zoning Map shall be at the same or lesser intensity of uses and impacts on surrounding uses as the Comprehensive Plan Map. Where the zoning land use designation is at a lesser intensity than the Comprehensive Plan designation, a rezone may be granted if circumstances have been shown to be changed and the public use and interest is served. Where the zoning land use designation is at a greater intensity than the Comprehensive Plan designation. a rezone consistent with the Comprehensive Plan must be obtained before new development will be permitted. Sections: 17.08.001 General. 17.08.002 Rules. 17.08. 010 17.08. 015 17. 08.020 17. 08.025 17. 08.030 17.08.035 17.08. 040 17.08.045 "H ". Chapter 17.08 RULES AND DEFINITIONS 5 17.08.050 "I". 17.08.05055 "J ". 17.08.05560 "K" 17.08.06065 "L". 17.08.06570 "M". 17.08.07075 "N". 17.08.07580 "0". 17.08.08085 "P" 17.08.09095 "R" 17.08.095100 "S" 17.08.4-00105 "T". 17.08.105110 "U". 17.08.4-4-0115 "V ". 17.08.125130 "Y ". 17.08.4-30135 "Z ". 17.08.001 General. Words and terms in this Article are included because of special or particular meanings as they are used in these Regulations. 17.08.002 Rules. In the construction of these Zoning Regulations, the rules and definitions contained in this Section shall be observed and applied, except when the context clearly indicates otherwise. a. Words used in the present tense shall include the future; words used in the singular shall include the plural, and the plural shall include the singular. b. The word "shall" is mandatory and not discretionary. c. The word "may" is permissive. d. The word "lot" shall include the words "piece" and "parcel "; the word "building" includes all other structures of every kind regardless of similarity to buildings; and the phrase "used for" shall include the phrases "arranged for ", "designed for ", "intended for", "maintained for", and "occupied for". 17.08.010 - "A" A. Accessory Building or Use - one which: 1. is stbefeliftate incidental to; and serves a principal building or principal use, and 2. is subordinate in area, extent or purpose to the principal building or principal use served, and 3. is located on the same zoning lot as the principal building or principal use served. An accessory building or use includes, but is not limited to the following: 1. a children's playhouse, garden house, or private greenhouse. 2. a garage, carport, or a building for storage incidental to a permitted use. 3. incinerators incidental to a permitted use. 4. storage of goods used in or produced by manufacturing activities, on the same zoning lot with such activities, unless such storage is excluded by the district regulations. 5. off - street motor vehicle parking areas and loading facilities. 6. signs as permitted and regulated in each district zone in these Regulations. B. Accessory Residential Unit - a dwelling unit which: 1. is incidental to a detached single family residence, 2. is subordinate in space (i.e.. fifty percent or less space than the single family residential use, and 3. is located on the same zoning lot as the single family residence. B. Adult Family Home - an adult home is the regular family dwelling of a 6 if person or persons who are providing personal care, room and board to more than one but not more than four adults who are not related by blood or marriage to the person or persons providing the services; except that a maximum of six adults may be permitted if the Washington State Department of Social and Health Services determines that the home and the provider are capable of meeting standards and qualifications provided for by law (RCW 70.128.010). ED. Alley - a public right of way which provides service access to abutting property. E. Amendment - a change in language of the zoning text which is an official part of these Zoning Regulations. DF. Apartment - a room, or a suite of two or more rooms in a multiple dwelling, occupied or suitable for occupancy as a dwelling unit for one family. 17.08.015 - "B" A. Billboard - (See definition of Outdoor Advertising Display, Sign or Billboard) . B. Building, Accessory - (See "Accessory Building or Use "). C. Building, Detached - a building surrounded by an open unoccupied and unobstructed space which is on the same lot as the principal building and which provides for air and light from the ground to the sky. ED. Building, Principal - the major building on a lot, the building which houses the major use of the land and the structures on a zoning lot. FE. Building, Residential - a building arranged, designed, used, or intended to be used for residential occupancy by one or more families or lodgers. DF. Building Line - front, side and rear building lines are the lines on each zoning lot that delineate the area within which construction of principal buildings is confined. G. Business Parking Lot and /or Structures - a commercial off - street parking lot or structure used exclusively for parking and /or storage of vehicles. 17.08.020 - "C" A. Carport - an accessory building or an accessory portion of the main building designed and used primarily for the shelter or storage of vehicles. It is not an enclosed structure and it does not contain a door which would allow vehicles to pass into the structure: it is open on two or more sides. B. Child Day:Care - child daycare is the provision of supplemental parental care and supervision for a non - related child or children, on a regular basis, for less than 24 hours a day, and under license by the Washington State Department of Social and Health Services. The term is not intended to include baby sitting services of a casual, non - recurring nature, or in the child's own home. Likewise, the term is not intended to include cooperative reciprocative child care by a group of parents in their respective homes. C. Child Day:Care Center - a child day :care center provides for the care of 13 or more children. The child day =care center shall not be located in a private family residence unless the portion of the residence where the children have access is used exclusively for the children during the hours the center is in operation; or is separate from the usual living quarters of the family. D. Commission - the appointed Planning Commission. E. Conditional Use Permit - a limited permission to locate a particular use at a particular location, and which limited permission is required to modify the controls stipulated by these Regulations in such degree as to assure that the particular use shall not prove detrimental to surrounding properties, shall not be in conflict with the Comprehensive Plan, and shall not be contrary to the public interest. F. Conditional Use - a use permitted in a zones but which requires a special degree of control to make such use consistent and compatible with other existing or permissible uses in the same zone. G. Conforming Building or Structure - a building that complies with all 7 sections of these Zoning Regulations or any amendment thereto governing size, height, area, location on the lot, for the zones in which such building or structure is located. H. Conforming Lot - a lot that contains the required width, depth and square footage as specified in the zones in which the lot is situated. I. Conforming Use - a use that is listed as a Permitted or Conditional Use in the zones in which the use is situated. J. Council - the City Council. K. Club or Lodge, Private - a non - profit association of persons who are bona fide members paying annual dues, which owns, hires, or leases a building or portion thereof, the use of such premises being restricted to members and their guests. 17.08.025 - "D" A. Density - the ratio of the number of dwelling units per area of land. e.g.. 7.000 square foot lots would allow for a maximum density of 6.22 dwelling units per acre. B. Development - any activity which would alter the elevation of the land. remove or destroy plant life. cause structures of any kind to be installed, erected. or removed. divide the land into two or more parcels. or any use or extension of the use of the land. C. District - a portion of a planning area which is defined by the primary uses located in that portion of the planning area. AD. Dormitory - a residence hall providing sleeping rooms, with or without eating facilities. GE. Duplex - a residential building containing two one - family dwelling units within the four walls of the building. DE. Dwelling - a building, or portion thereof, but not an automobile house trailer, designed or used exclusively for residential occupancy, including one - family dwellings, two - family dwellings, and multi- family dwellings, but not including hotels, motels or lodging houses. HG. Dwelling, Multi- family - a building or a portion thereof containing three or more dwelling units. EH. Dwelling, One - Family - a building containing one dwelling unit only. GI. Dwelling, Two - Family - a building containing two dwelling units only. EJ. Dwelling Unit - one or more rooms which are arranged, designed or used as living quarters for one family only. Individual bathrooms are not necessarily provided, but complete single kitchen facilities, permanently installed, shall always be included for each dwelling unit. 17.08.030 - "E" A. Environmentally Sensitive Area - an area which includes any of the following critical areas and ecosystems: wetlands, streams or stream corridors, frequently flooded areas, geologically hazardous areas (erosion, landslide, or seismic hazard areas), significant fish and wildlife habitat areas. and locally unique natural features (ravines. marine bluffs. or beaches and associated coastal drift processes). AB. Erected - construction of any building or structure or the structural alteration of a building or structure, the result of which would be to change the exterior walls or roof or to increase the floor area of the interior of the building or structure. $C. Establishment, Business or Commercial - a place of business carrying on an operation, the ownership and management of which are separate and distinct from those of any other place of business located on the same zoning lot. GD. Existing (pre - existing) - a use, lot, or building that existed at the time of the passage of these Regulations. 8 1 17.08.035 - "F" A. Family - one person or two or more legally related persons living together, or not more than six unrelated persons living together as a single, nonprofit, housekeeping unit; provided that there shall not be more than four unrelated persons living together with legally related persons as a single, nonprofit, housekeeping unit. B. Family Day:Care Home - a family daycare home regularly provides day_ care during part of the 24 -hour day to 12 or fewer children, incidental to a primary residential use. C. Fence - that which is built, constructed, or grown, or composed of parts joined together of material in some definite manner in which the prime purpose is to separate and divide, partition, enclose, or screen a parcel or parcels of land. 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 homes 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. 17.08.045 - "H" A. Height - total distance in feet from average ground elevation at perimeter walls to top of sign or structure, except that television antennae, roof mounted mechanical equipment, and other appurtenances are exempt from height requirements. B. Home Occupation - is an occupation or business activity which results in a product or service, and is conducted in whole or in part in the dwelling unit, and is clearly incidental and subordinate to the residential use of the property. C. Hospital - an institution specializing in giving clinical, temporary and emergency services of a medical or surgical nature to human patients and licensed by Washington State Law. D. Hospital, Mental - (Including treatment of alcoholics) - an institution licensed by Washington State Agencies under provisions of law to offer facilities, care, and treatment for cases of mental and nervous disorders and alcoholics. 17.08.050 - "I" A. Incidental - in addition to and not interfering with or otherwise detracting from a main object: usually in these Zoning Regulations referring to a use in addition to a permitted use. 17.08.050 - "J" A. Junk Yard - an open area where waste or scrap materials are bought, sold, exchanged, stored, baled, packed, disassembled, or handled, including but not limited to scrap iron and other metals, paper, rags, rubber tires, and bottles. A junk yard includes an auto wrecking yard but does not include uses established within enclosed buildings. 17.08.055 - "K" A. Kennel - a place where three (3) or more dogs or cats, four months old or 9 1 older, or any combination of dogs and cats, are kept, whether by owners of the dogs and cats or by persons providing facilities and care, whether for compensation or not. Provided that this shall not include house pets. B. Kitchen - a room or space which is constructed or equipped to facilitate the washing. cooking. and storing of food: kitchen facilities include plumbing for sinks and electrical wiring for ovens and stoves. 17.08.060 - "L" A. Landfill. Sanitary - an area devoted to the disposal of refuse. including incineration. reduction. or dumping of ashes. garbage. combustible and non - combustible refuse. and industrial solid wastes. AB. Legal Building, Structure, Land Use - any building, structure or use of the land that complies with all zoning requirements. C. Level of Service - an established minimum capacity of public facilities or services that must be provided per unit of demand or other appropriate measure of need. BD. 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". GE. Lot Area - the total area within the lot lines of a lot, excluding any primary access easements or panhandles. 1F. Lot, Corner - a lot situated at the intersection of two or more streets. F. Lot, Reverse Corner - a corner lot in which the rear property line coincides with the side property line of an abutting lot. 6H. 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. �I. 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. 10. 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. EK. Lot Line, Rear - that boundary of a lot which is most distant from and is most nearly parallel to the front lot line. ML. Lot Line, Side - any boundary of a lot which is not a front nor a rear lot line. EM. 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. HN. Lot; of Record - a parcel of land that is registered as a lot or parcel of land in the records of the County Auditor. 10. 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, or at the front setback line, provided the average horizontal distance between side lot lines must also meet or exceed the minimum lot width required. 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 HUD (U.S. Department of Housing and Urban Development) Code. 10 if B. 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. C. Mobile Home - (See the definition for Trailer. House). GD. 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. DE. 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. 17.08.070 - "N" A. Neighborhood - an area located within a district where people live, which is defined by the primary type and /or density of the residential units located in that particular area of the district. AB. 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 Elistfiet zone in which it is located, either at the effective date of these Regulations or as the result of subsequent amendments to these Regulations. BC. 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 lost 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. ED. 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. DE. Noxious Matter - material capable of causing injury to living organisms by chemical reaction, or is capable of causing detrimental effects upon the physical or economic well -being of individuals. 17.08.075 - "0" A. Off - street Parking Space - an area of at least 40 81/ feet in width and 20 18 feet in length. or as otherwise provided in Chapter 14.40 PAMC situated on territory other than a public or private street, alley, highway or trafficway, and used only for the storage of vehicles. B. Open Space - natural areas of unique or major physical features such as shorelines. bluffs. beaches. lagoons. waterways. ravines. streams, rivers, lakes, wetlands, wildlife habitats. and other environmentally sensitive areas deemed of significant importance to the community by the City: landscaped areas such as parks. playfields. golf courses. outdoor stadiums. and public landscaped areas such as those along boulevards and around public buildings: improved outdoor areas such as piers. playgrounds. plazas, promenades or trails. tennis courts. viewpoints. and other outdoor spaces open to the public. BC. Outdoor Advertising Display, Sign, or Billboard - any material of any kind placed, painted or printed for outdoor advertising purposes on or in the ground, or on any tree, wall, rock, fence, building, or structure. ED. Outdoor Advertising Structure - a structure of any kind erected or maintained for outdoor advertising purposes, upon which any outdoor advertising display, sign, or billboard is or may be placed. 17.08.080 - "P" A. People with Functional Disabilities - people with functional disabilities means (1) a person who, because of a recognized chronic physical or mental condition or disease, is functionally disabled to the extent of: (a) needing care, supervision or 11 monitoring to perform activities of daily living or instrumental activities of daily living, or (b) needing supports to ameliorate or compensate for the effects of the functional disabilities so as to lead as independent a life as possible, or (c) having a physical or mental impairment which substantially limits one or more of such person's major life activities, or (d) having a record of such impairment; or (2) being regarded as having such an impairment, but such term does not include current, illegal use of, or active addiction to a controlled substance. B. Person - includes an individual, firm, partnership, association or corporation. C. Planning Area - a large geographical area of the City. which is defined by physical characteristics and boundaries. ED. Professional Offices - offices used as a place of business conducted by persons engaged in recognized professions, and others whose business activities consist chiefly of services to the person as distinguished from the handling of commodities. E. Public Facilities - public facilities include streets. roads. highways. sidewalks. street and road lighting systems. traffic signals. domestic water systems. storm and sanitary sewer systems. parks and recreational facilities. and schools. 17.08.090 - "R" A. Reclassification - a change in zoning boundaries upon the zoning map which is an official part of these Zoning Regulations. B. Recreation Facility or Area, Non - Commercial - a facility or area for recreation purposes, such as a swimming pool, park, tennis court, playground. or other similar use operated and maintained by a non - profit club or organization. C. Residence - a building or structure, or portion thereof, which is designed for and used to provide a place of abode for human beings. The term "residence" includes the term "residential" as referring to the type, or intended use, of a building. D. Residential Care Facility - a residential care facility means a facility, licensed by the State, that cares for at least 5 but not more than 15 people with functional disabilities, that has not been licensed as an adult family home pursuant to RCW 70.128.175. E. Rest Home, Nursing Home, Home for the Elderly - a private home or institution for the care of the aged or the infirm; a place of rest and care for those suffering bodily disorders. F. Roof - a structure covering any portion of a building or structure, including the projections beyond the walls or supports. 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. 12 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. L. 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. M. Stand - a structure for the display and sale of products, with no space for customers within the structure itself. 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. O. Street - a public right -of -way which affords a primary means of access to abutting property. P. Street Right -of -Way Line - the boundary line between a street and abutting property. 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. R. 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. S. Subordinate - less important than and secondary to a primary object, usually in these Zoning Regulations referring to an additional use smaller in size, taking up substantially less space. i.e., fifty percent or less space than the principally permitted use. T. Supermarket - a grocery store on a site larger than one acre and with multiple retail departments such as drugs, photo, video, deli, flowers, seafood. bakery, etc. S [. 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. 17.08.100 "T" A. Through Lot - (See "Lot, Through ") B. Trail - a pedestrian facility which is designated for travel and recreation purposes and which may include sidewalks, portions of roadways, natural surfaced 13 walkways. and structures such as bridges. BC. Trailer, House (Automobile Trailer. (Mobile Home, Recreational Vehicle, Vacation Trailer) - a vehicle without motor power; designed to be drawn by a motor vehicle and to be used for human habitation;„ a motor vehicle designed to be used for human habitation, and a manufactured home which does not meet City building code or State and Federal manufacturing standards. ED. Trailer Park, Trailer Court, Mobile Home Park. Recreational Vehicle Park - any premises on which are parked one or more vehicles designed, intended, arranged, or used for living purposes, or any premises used or held out for the purpose of supplying to the public a space for one or more such vehicles, whether such vehicles stand on wheels or rigid supports. 17.08.105 - "U" A. Unclassified Use Permit - a limited permission to locate a particular unusual. large - scale. unique or special use at a particular location. which limited permission is required to modify the controls stipulated by these Regulations in such degree as to assure that the particular use shall not prove detrimental to surrounding properties. shall not be in conflict with the Comprehensive Plan. and shall not be contrary to the public interest. B. Unclassified Use - a use which is not permitted in any zone and which requires a special degree of control to make such use consistent and compatible with other existing or permissible uses in the same zone. AC. Use - the purpose or activity for which the land, or building thereof, is designed, arranged or intended, or for which it is occupied or maintained and shall include any manner of performance of such activity with respect to the performance standards of these Zoning Regulations. BD. Use, Principal - the main use of land or buildings as distinguished from a subordinate or accessory use. EE. Utility Building or Structure - an installation to provide utility service. 17.08.110 - "V" A. Variance - an adjustment in the application of the specific regulations to a particular parcel of property which property, because of special circumstances applicable to it, is deprived of privileges commonly enjoyed by other properties in the same vicinity and zone. 17.08.125 - "Y" A. Yard - an open space on a zoning lot which is unoccupied and unobstructed from its lowest ground level to the sky, except as otherwise permitted in the Permitted Intrusions in Required Yards in these Regulations. A yard extends along and at right angles to a lot line to a depth or width specified in the yard regulations for the zoning district in which such zoning lot is located. B. Yard, Front - extends along the full length of the front lot line, between the two side lot lines and to the closest building on the same lot, or to a distance designated in Zoning Regulations. C. Yard, Rear - extends along the full length of the rear lot line, between the two side lot lines and to the closest principal building on the same lot, or to a distance designated in Zoning Regulations. D. Yard, Side - extends along a side lot lien from the front yard to the rear yard, between the side lot line and to the closest building on the same lot, or to a distance designated in Zoning Regulations. 17.08.130 - "Z" A. Zone - an area defined as to boundaries and location, and classified by the 14 Zoning Regulations as available for certain types of uses, and which other types of uses are excluded. B. Zoning Lot - a single tract of land located within a single block, which at the time of filing for a building permit, is designated by its owner or developer, as a tract to be used, developed, or built upon as a unit, under single ownership or control. A zoning lot may or may not coincide with a lot of record. Chapter 17.10 RS -7 RESIDENTIAL, SINGLE FAMILY DISTRICT Sections: 17.10.010 Purpose of the RS 7 District. 17.10.020 Permitted Uses. 17.10.030 Accessory Uses. 17.10.040 Conditional Uses. 17.10.050 Area and Dimensional Requirements. 17.10.060 Off - Street Parking. 17.10.070 Signs. 17.10.010 Purpose of the RS 7 District. - - .. .. - . • ' - e - - This is a low density residential zone intended 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 zone. 17.10.020 Permitted Uses. GA. Adult Ffamily Ffhome. AB. Detached single - family dwellings (on individual lots). BC. Manufactured homes, on individual lots, provided each manufactured home: 1. Consists of two or more sections, each 8 feet or greater in width along its entire length; Provided that combinations of narrower sections may be substituted if said combinations are at least the equivalent of 8 -foot wide sections. 2. Bears an insignia issued by the appropriate Federal agency indicating that it complies with the construction standards of the U. S. Department of Housing and Urban Development (HUD) as amended and as approved by the State of Washington; 3. Is placed on an on -grade permanent foundation or on footings and piers or on blocks in accordance with HUD's specifications for the specific home, and has skirting installed so that no more than one foot of the skirting is visible above grade; 4. Has all transport appurtenances removed; 5. Is served by underground electrical power. D. Supported bliving Aarrangement. 17.10.030 Accessory Uses. A. Garages and carports. B. Greenhouses, gazebos, storage sheds, and similar accessory structures. C. Swimming Pools. D. Private television satellite reception dishes. 17.10.040 Conditional Uses. A. Accessory residential units. AB. Agricultural nurseries and greenhouses. BC. Art galleries and museums. 15 1 GD. Churches. 44E. Communications transmission buildings and structures; e.g., radio tower. EF. Child daycare centers and pre - schools. P. Duplexes. GH. Group homes and hospices. H. Homc occupations. II. Libraries. J. Nursing and convalescent homes. K. Public parks and recreation facilities. L. Public utility structures. M. Public and private schools. N. Radio and television stations, provided that antenna is on site. O. Residential care facilities. P. Other uses compatible with the intent of this Chapter. 17.10.050 Area and Dimensional Requirements. A. Permitted uses 1. Minimum lot area: 7,000 square feet. 2. Minimum lot width: 50 feet. 3. Minimum setback: Front 20 feet; Rear 20 feet, except 10 feet for detached accessory buildings in the rear one -third of the lot; Side. Iinterior 7 feet, except 3 feet for detached sides accessory buildings in the rear one -third of the lot Side, abutting a street 13 feet; Side, abutting an alley: 10 feet; PROVIDED, however, that additional minimum setbacks to ensure a safe building site may be required when the property contains a bluff, ravine, stream, or similar feature. 4. Maximum lot coverage: 30% 5. Maximum height: 30 feet. B. Conditional uses shall comply with the minimum standards in Subsection 17.10.050A, unless otherwise specified in Table "A" which is attached hereto and incorporated herein by this reference, or as may be increased by the City Council to ensure that specific conditional uses are compatible with the RS -7 444 400 zone. 17.10.060 Off - Street Parking. (See Chapter 14.40 PAMC). 17.10.070 Signs. One sign per lot is permitted, which sign may be one square foot in area, unlighted, and displaying only the name of the occupant; provided that official traffic signs, street signs, and identification and warning signs for public utility buildings and structures shall be exempt from these restrictions. Chapter 17.11 RS -9 - RESIDENTIAL, SINGLE FAMILY Sections: 17.11.010 Purpose of the RS 9 District. 17.11.020 Permitted Uses. 17.11.030 Accessory Uses. 16 17.11.040 Conditional Uses. 17.11.050 Area and Dimensional Requirements. 17.11.060 Off - Street Parking. 17.11.070 Signs. 17.11.010 Purpose o f the DS 9 D strict. - : • _: . _ • • - This is a low density residential zone intended to create and preserve suburban single - family residential neighborhoods 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 d zone. 17.11.020 Permitted Uses. GA. Adult Ffamily Hhome. AB. Detached single - family dwellings (on individual lots). BC. Manufactured homes, on individual lots, provided each manufactured home: 1. Consists of two or more sections, each 8 feet or greater in width along its entire length; Provided that combinations of narrower sections may be substituted if said combinations are at least the equivalent of 8 -foot wide sections. 2. Bears an insignia issued by the appropriate Federal agency indicating that it complies with the construction standards of the U. S. Department of Housing and Urban Development (HUD) as amended and as approved by the State of Washington; 3. Is placed on an on -grade permanent foundation or on footings and piers or on blocks in accordance with HUD's specifications for the specific home, and has skirting installed so that no more than one foot of the skirting is visible above grade; 4. Has all transport appurtenances removed; 5. Is served by underground electrical power. D. Supported Lliving Arrangement. 17.11.030 Accessory Uses. A. Garages and carports. B. Greenhouses, gazebos, storage sheds, and similar accessory structures. C. Private stables, provided that: 1. Stables are constructed no closer than 100 feet to any property line. 2. A minimum area of 1 acre per horse or cow is maintained. 3. A minimum of 5 -foot high fence is installed on property line. ED. Private television satellite reception dishes. DE. Swimming Pools. 17.11.040 Conditional Uses. A. Accessory residential units. AB. Agricultural nurseries and greenhouses. BC. Art galleries and museums. GD. Churches. DE. Communications transmission buildings and structures; e.g., radio tower. EF. Child daycare centers and pre - schools. F. Duplexes. GH. Group homes and hospices. H. Home occupations. I. Libraries. J. Nursing and convalescent homes. K. Public parks and recreation facilities. L. .Public utility structures. M. Public and private schools. N. Radio and television stations, provided that antenna is on site. 17 O. Residential care facilities. P. Other uses compatible with the intent of this Chapter. 17.11.050 Area and Dimensional Requirements. A. Permitted Uses 1. Minimum lot area: 9,000 square feet. 2. Minimum lot width: 75 feet. 3. Minimum setback: Front 25 feet; Rear 25 feet, except 10 feet for detached accessory buildings in the rear one -third of the lot; Side. interior 8 feet, except 3 feet for detached sides accessory buildings in the rear one -third of the lot; Side, abutting a street: 18 feet; PROVIDED, however, that additional minimum setbacks to ensure a safe building site may be required when the property contains a bluff, ravine, stream, or similar feature. 4. Maximum lot coverage: 30% 5. Maximum height: 30 feet. B. Conditional Uses Conditional uses shall comply with the minimum standards in Subsection 17.11.050A, unless otherwise specified in Table "A ", or as may be increased by the City Council to ensure that specific conditional uses are compatible with the RS -9 diet zone. 17.11.060 Off - Street Parking. (See Chapter 14.40 PAMC). 17.11.070 Signs. One sign per lot is permitted, which sign shall be one square foot in area, unlighted, and displaying only the name of the occupant; provided that official traffic signs, street signs, and identification and warning signs for public utility buildings and structures are exempt from these restrictions. CHAPTER 17.13 RTP - RESIDENTIAL TRAILER PARK DISTRICT Sections: 17.13.010 Purpose. 17.13.020 Permitted Uses. 17.13.030 Accessory Uses and Buildings. 17.13.040 Conditional Uses. 17.13.050 Area and Dimensional Requirements. 17.13.060 Off - street Parking Required. 17.13.070 Signs Permitted. 17.13.080 Trailers. 17.13.090 Trailer Parks. 17.13.100 Additional Development Standards. 17.13.010 Purpose. This feie is a medium density residential zone intended for mobile home occupancies., : - . - . - : .. - - - ;4; , :. and the area is regarded as essentially residential in character. 17.13.020 Permitted Uses. BA. Manufactured homes on individual lots that meet the development standards minimum lot area and dimension requirements of the RS -7 zone district. AB. Mobile homes. C. Trailer Parks. 18 1 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 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 5000 sq.ft. total land area per trailer. Said total land area ratio to include driveways, toilet and laundry buildings, playground - recreation areas open spaces, 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 open space. 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 Off - street Parking Required. (See 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. House Ttrailers, automobile trailers, mobile homes, recreation vehicles. 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: 19 1. A plot plan showing the location of the proposed trailer park and all buildings, sanitary facilities, playground - recreation area open space, 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 Inspeetef Official. City Engineer, 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. B. Driveways, Walkways: 1. All mobile home spaces shall abut upon a private roadway. which is not less than 25 feet in width;and 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 J. Garbage Receptacles: Regulation garbage ears receptacles with tight - fitting covers shall be provided in quantities to permit disposal of all garbage and rubbish. Garbage eats receptacles may be located in groups not farther than 100 feet from any 20 1 mobile home space. The eans receptacles shall be kept in sanitary condition at all times. Garbage and rubbish shall be collected and disposed of as frequently as may be necessary to ensure that individual garbage eans receptacles 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. CHAPTER 17.14 RMD - RESIDENTIAL. MEDIUM DENSITY DISTRICT Sections: 17.14.010 Purpose. 17.14.020 Permitted Uses. 17.14.025 Accessory Uses. 17.14.030 Conditional Uses. 17.14.040 Area and Dimensional Requirements. 17.14.050 Off - Street Parking. 17.14.060 Signs Permitted. 17.14.070 Design and Landscaping. 17.14.010 Purpose. designated-far-ea4er This is a medium density residential zones, which allows a mix of single- family, duplexes, and apartments at a density greater than single - family neighborhoods but less than the higher densities of the RHD zoning- distriet. The permitted uses in the RMD zone are also intended to be more restrictive than the RHD Zone. Commercial uses are not considered to be compatible. 17.14.020 Permitted Uses. A. Accessory residential units. DB. Adult family homes. GC. Apartments. BD. Duplexes. AE. Single - family residences. EF. Supported living arrangements. 17.14.025 Accessory Uses. A. Non - commercial gardens, greenhouses, orchards. B. Private garages, carports. C. Swimming pools, cabanas. 17.14.030 Conditional Uses. A. Art galleries and museums. EB. Child daycare centers; and pre - schools, .. • .. .. AC. Churches. FD. Group homes and hospices. E. Libraries. HF. Nursing and convalescent homes. B. Public parks and recreation facilities. G. Homc occupations. EH. Public and private schools. I. Residential care facilities. DJ. Utility buildings and structures. 1K. Other uses found compatible with the intent of this Chapter. 21 17.14.040 Area and Dimensional Requirements. A. Minimum lot area shall be 7,000 square feet. B. Density shall not exceed one dwelling unit for every 3,500 square feet of lot area. C. Minimum yard requirements: 1. Front: 25 feet from front property 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 lot line. On corner lots, the side yard abutting a street shall have a setback of 13 feet. 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. D. Maximum lot coverage: 30 %. E. Maximum height: 35 feet. 17.14.050 Off - Street Parking. Parking shall be provided as required by Chapter 14.40 of the Port Angeles Municipal Code. 17.14.060 Signs Permitted. One sign per building is allowed. Signs shall not exceed 10 square feet in area and shall not be flashing or intermittent. Additional signage may be allowed with Planning Commission approval of a Conditional Use Permit. 17.14.070 Design and Landscaping for Apartments. A. All designated outdoor storage areas, except for City mechanized refuse collection system containers, shall be screened from view from public rights -of -way and abutting property by a vision- obscuring fence 6 feet in height. B. All lighting on the site shall be directed away from adjoining residential properties and public rights -of -way. C. Unused space which is over 24 square feet in area 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; except that parking lots with less than 900 square feet of contiguous area shall be exempt from this landscaping requirement. F. At least 30% of the site shall be landscaped with a mixture of ground cover, shrubs, and trees. CHAPTER 17.4215 RHD - RESIDENTIAL, HIGH DENSITY DISTRICT Sections: 17.4-215.010 Purpose. 17.4215.020 Permitted Uses. 17.15.030 Accessory Uses. 17.4215.040 Conditional Uses. 17.4-215.050 Area and Dimensional Requirements. 17.4-215.060 Off - street Parking. 17.4215.070 Signs Permitted. 17.4-215.080 Design and Landscaping. 22 T 17.4-215.010 Purpose. -• -. This is a high density residential zone for multi- family residential structures. Compatible uses may be allowed on Conditional Use Permits but the zone is still regarded as a residential area, and commercial enterprises are not generally felt to be compatible. 17.4-215.020 Permitted Uses. A. Adult Ffamily Hhomes Mortuaries, funeral parlors. Multi - family dwellings, apartments, duplexes, dormitories, accessory B. C. residential units. F. ED. GE. G. • . . • -- .. _ .. •, - _- - .. •, . - .. . Private garages, carports. Single - family residences. Supported living arrangements. Swimming pools, and cabanas. 17.15.030 Accessory Uses. A. Non - commercial gardens. greenhouses. orchards. B. Private garages. carports. C. Swimming pools. cabanas. 17.4-215.040 Conditional Uses. A. Art galleries and museums. B. Child day -care centers and pre - schools. C. Churches. D. Golf courses. E. Group Homes and hospices. F. Home Occupations. GF. Hospitals and _ca. home. HG. Libraries. 1H. Motels. I Nursing and convalescent homes. J. Public and private schools. K. Public parks and recreation facilities. L. Publicly subsidized senior housing developments at a maximum of 58 units per acre. M. Residential care facilities. N. Utility buildings and structures. O. Other uses compatible with the intent of this seetion Chapter. 17.4-215.050 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 23 alley. C. Maximum Lot Coverage - 30% total site area (not to apply to unenclosed swimming pools.) D. Maximum Height - 35 feet. 17.4-215.060 Off - street Parking. (See 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. 17.15.070 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.+215.080 Design and Landscaping. A. All outdoor storage areas, except for City mechanized refuse collection system containers, shall be screened from view from public rights -of -way and abutting property by a vision - obscuring fence 6 feet in height. B. All lighting on the site shall be so directed as to reflect away from adjoining residential properties and public rights -of -way. C. Unused space which is over 24 square feet and which results from the design of parking space arrangements or accessory structures shall be landscaped. D. One tree shall be provided for each 10 paring 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 60 -foot vision - obscuring fence or vegetation on all signs adjacent to residentially zoned property. CHAPTER 17.9+16 HOMES FOR THE ELDERLY, NURSING HOMES, ELDERLY GROUP CARE HOMES CONDITIONAL USE PERMIT Chapters Sections: 17.9-116.010 Purpose. 17.9+16.020 Location. 17.94-16.030 Lot Areas. 17.91616.040 Minimum Yard Requirements. 17.9.116.050 Off - Street Parking. 17.9+16.060 Recreation Area. 17.94-16.070 Screening. 17.9+16.010 Purpose. The purpose of this Chapter is to establish and maintain special provisions needed In-erler to provide adequate facilities and environment for elderly persons in the City of Port Angeles, 17.9+16.020 Location. A. Homes for the elderly, nursing homes, etc., shall be permitted in zonesing distriets specified in this Ordinance; and by Conditional Use Permit from the Planning Commission. B. To obtain a Conditional Use 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, the supply and the demand in the City and 24 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. 17.9416.030 Lot Areas. Minimum site area - 2 acres plus 500 sq. ft. for every bed over 20. 17.9416.040 Minimum Yard Requirements. A. Front: 30 feet. B. Side: 20 feet. C. Rear: 40 feet. 17.9416.050 Off - Street Parking. One (1) space per three (3) beds. 17.9416.060 Recreation Area. Landscaped recreation area shall be reserved for recreation purposes. 17.9416.070 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. Chapter 17.8617 HO - HOME OCCUPATIONS CONDITIONAL USE PERMIT Sections: 17.8617.010 Purpose. 17.8617.011 Conflict with Other Ordinances. 17.8617.012 Definitions. 17.8617.020 Applicability. 17.8617.030 Home Occupations Exempted. 17.8617.040 Development Standards. 17.8617.050 Application Procedure. 17.8617.060 Routing and Staff Recommendations. 17.8617.070 Planning Director Public Hearing - Scheduling and Notice. 17.8617.080 Planning Director Decision. 17.8617.090 Special Review. 17.86.100 Appalls. 17.8617.110 Permit Limitations. 17.8617.120 Existing Home Occupations. 17.8617.300 Revocation of Permit. 17.8617.310 Penalties. 17.8617.010 Purpose. The purpose of Chapter is to ensure that an occupation or business undertaken within a dwelling unit located in a residential us zone is incidental and subordinate to the primary use and is compatible with the residential character of the neighborhood. 17.8617.011 Conflict with Other Ordinances. Should any of the provisions or definitions of Ordinance No. 1709, as amended, conflict with or overlap any of the provisions or definitions of this Ordinance, whichever imposes the more stringent regulations shall prevail. 1. this 25 17.8617.012 Definitions. A. "Home Occupation" is an occupation or business activity which results in a product or service and is conducted in whole or in part in the dwelling unit, and is clearly incidental and subordinate to the residential use of the property. B. "Commercial Vehicle" is a licensed (according to tonnage), motorized vehicle designed for transportation of commodities, merchandise, produce, freight, animals, or passengers, and operated in conjunction with a business, occupation, or home occupation. This term shall include, but is not limited to, automobiles, trucks, tractor /trailers, and vans. 17.8617.020 Applicability. A Conditional Use Permit in accordance with the provisions of this Chapter is required for all Home Occupations occurring in residential use districts except those exempted pursuant to Section 17.8617.030. 17.8617.030 Home Occupations Exempted. The following Home Occupations shall be exempted when all the development standards in Section 17.8617.040 and specific conditions applicable to each use are met: A. Authors, composers, writers. B. Building contractors, home builders, building tradesmen, landscaping services, janitorial services, commercial loggers, divers, truck drivers, PROVIDED 1. No more than one commercial vehicle, no matter how many different home occupations are occurring at one site, is parked on the premises or the adjacent street at one time; 2. No outside storage of materials or equipment, except hand - carried tools, on the premises; 3. Only family members working in the residence may park their vehicles on the property or the adjacent street as part of the conducting of the business. 1C. Family Dday_Ecare Hhome. GD. Retail and wholesale salespersons, business representatives, PROVIDED 1. No customers visit the premises; 2. No products, except samples, are stored on the premises; 3. Only family members working in the residence may park their vehicles on the property or the adjacent street as part of the conducting of the business. 17.8617.040 Development Standards. All Home Occupations shall comply with the following development standards: A. There shall be no exterior display, no exterior sign, no exterior storage of materials (not including commercial vehicles), and no other indication or appearance of a business that would detract from the residential character of the area. B. If the operation is the type where customers or clients come to the home, the Planning Director shall determine the number of visitations per day that is compatible with the area. C. If customers or clients visit the home, the hours of operation shall be from 9:00 AM to 5:00 PM, unless otherwise specified by the Planning Director. D. If the operation is the type in which classes are held or instruction given, the Planning Director shall determine the number of students per day that is compatible with the area. E. Employees working on the premises shall be limited to members of the family residing in the dwelling unit, unless otherwise specified by the Planning Director; PROVIDED that the number of non - family employees shall not exceed one. F. On- premise retail sale of goods not produced, processed or fabricated in the dwelling unit shall not be permitted. G. Home Occupations shall be conducted in whole or in part in the dwelling unit but not in an accessory building unless otherwise specified by the Planning Director; PROVIDED that the dwelling unit and accessory building in which the Home Occupation is conducted shall occur on the same parcel. 26 17.8617.050 Application Procedures. The application for a Conditional Use Permit for a Home Occupation shall be submitted on a form obtained from the Planning Department and shall be acknowledged by the owner of the property, if other than the applicant. 17.8617.060 Routing and Staff Recommendations. Upon receipt of an application satisfying the requirements of Section 17.8617.050, the Planning Department shall route the same to all appropriate departments. Each such department shall submit to the Planning Department recommendations and comments regarding the application. The Planning Department shall prepare a report to the Planning Director summarizing the factors involved, the recommendations of other departments, and the Planning Department recommendation and findings. A copy of the report shall be mailed to the applicant and copies shall be made available, at cost, for use by any interested party. 17.8617.070 Planning Director Public Hearing - Scheduling and Notice. Upon receipt of an application satisfying the requirements of Section 17.8617.050, the Planning Department shall schedule a public hearing before the Planning Director with public notice being given as provided in Section 17.96.140 PAMC. 17.8617.080 Planning Director Decision. Prior to making a decision on an application for a Conditional Use Permit for a Home Occupation, the Planning Director shall hold at least one public hearing. The Director's decision shall be in written form with findings based upon compliance with Section 17.8617.010, 17.8617.040 and the following criteria: A. That the Home Occupation does not involve equipment or processes which introduce noise, smoke, dust, fumes, vibrations, odors, and other hazards in excess of those normally found in residential areas. B. That the Home Occupation does not significantly increase local vehicular or pedestrian traffic. C. That the Home Occupation shall not be injurious or detrimental to adjoining or abutting properties. D. That the Home Occupation shall not endanger the public health, morals, safety, and welfare; and that it is in the public interest. E. The Planning Director decision shall include a condition that Home Occupations be forwarded to the Public Works Department for the determination of utility charges. 17.8617.090 Special Review. Persons with demonstrated physical handicaps may be permitted Special Review by the Planning Director. Such applicant may request waiver of Development Standard E and /or F. No waiver of the criteria of Section 17.8617.080 will be considered. 17.8617.095 Special Review Criteria. In addition to the criteria of Section 17.86.080, the Director shall base his decision on a Special Review upon the following criteria: A. The waiver of any development standard shall not change the basic residential character of the dwelling unit nor detract in any way from the residential character of the neighborhood. 86 00 -'-Ap 27 17.8617.110 Permit Limitations. A. Once a Conditional Use Permit for a Home Occupation has been issued, it shall not be transferred to another person or to a location other than as stated on the permit. B. The initial time limit on approved Conditional Use Permits for Home Occupations shall not exceed one year, after which time extensions may be granted as provided in §17.96.070(F). 17.8617.120 Existing Home Occupations. A. Home Occupations, other than those specifically exempted under Section 17.8617.030, established prior to the effective date of this Chapter and not having a Conditional Use Permit in accordance with the provisions of § 17.96.050, shall, within ninety (90) days after the effective date of this Chapter, initiate a Conditional Use Permit application. After the ninety -day period, the penalties section of this Chapter shall be in full force. B. Time extensions of Conditional Use Permits for Home Occupations lawfully established prior to the effective date of this Chapter shall not be approved unless the Home Occupation complies fully with this Chapter. 17.8617.300 Revocation of Permit. Any permit issued pursuant to the terms of this Chapter may be revoked in accordance with the provisions of Chapter 1, Section 13, Ordinance No. 2050. 17.8617.310 Penalties. A. Any person violating any provision of this Chapter shall be guilty of a misdemeanor, and shall be punished by a fine not to exceed Five Hundred ($500) Dollars. Each day that a violation continues shall constitute a separate offense. B. In addition to the criminal penalty of Subsection A hereof, any person operating under an exemption authorized by any portion of this Chapter shall be deemed to have forfeited said permit as a result of said violation. Such person shall be required to apply for a Conditional Use Permit pursuant to the provisions of Section 17.8617.050. Failure to apply for and obtain a Conditional Use Permit pursuant to Section 17.8617.050 shall subject the person to the penalty specified in Section 17.8617.310 A. CHAPTER 17.18 BED AND BREAKFAST CONDITIONAL USE PERMIT Sections: 17.18.010 Purpose. 17.18.020 Definitions. 17.18.030 Applicability. 17.18.040 Development Standards. 17.18.050 Application Procedure. 17.18.070 Planning Director's Decision. 17.18.090 Permit Limitations. 17.18.100 Permit Revocation. 17.18.110 Penalties. 17.18.120 Appeals. 17.18.010 Purpose. The purpose of the bed and breakfast conditional use this Chapter is to ensure the that a 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. 28 17.18.020 Definitions. A "bed and breakfast" is a single - family residence containing one kitchen and shared dining area, providing lodging for guests and travelers for a period of up to thirty (30) days and serving primarily breakfast only to people registered to use the facility for lodging or special events that require facilities to provide more than just meals. 17.18.030 Applicability. A Conditional Use Permit in accordance with the provisions of this Chapter is required for all bed and breakfasts occurring in residential u c district zones. Bed and breakfasts shall be conditionally permitted uses within the CSD C 1, commercial zones. 17.18.040 Development Standards. All bed and breakfasts shall comply with the following development standards: A. All bed and breakfasts shall be located in single - family residences and shall exhibit no outward appearance of a business or of a non - residential nature, other than permitted signs. B. All bed and breakfast operators shall live on the premises. C. A bed and breakfast with four or fewer rooms for let shall provide parking spaces for the operator and guests. Bed and breakfasts with more than four rooms for let shall provide parking spaces for the operator, guests, and employees. D. All off - street parking areas shall be screened in a manner that is compatible with and respectful of adjacent properties. E. All signs located within residential districts zones shall be no more than five (5) square feet in area, indirectly lighted, and parallel to the building facade to which they are attached unless they are free - standing in the yard. Free - standing signs cannot exceed three feet in height but may be perpendicular to the facade. The light source shall be shielded from abutting property and rights -of -way. There shall be a maximum of two free- standing signs. F. All bed and breakfasts shall comply with the applicable local and State Fire and Health Codes. G. All bed and breakfasts shall not be transferable to new locations. H. Size and area requirements: No. of Bdrms. To Let 0- 4 Min. Lot Area 7,000 sq.ft. (RS -9, 9,000 sq.ft.) 5 - 8 14,000 sq.ft. (RS -9, 18,000 sq.ft.) 9 - 12 28,000 sq.ft. 13 - 16 l acre 17 - 20 2 acres 21 - 24 4 acres I. Accessory Activities and Facilities *. Bed and breakfasts shall have the following minimum lot area in order to provide these activities or facilities: Activity and /or Facility Hot tub Sauna Swimming Pool Tennis Court Other outdoor rec. courts (volleyball, hand ball) Meeting rooms Playing fields Minimum Area 7,000 sq.ft. (RS -9, 9,000 sq.ft.) 7,000 sq.ft. (RS -9, 9,000 sq.ft.) 1 acre 1 acre 1 acre 2 acres 2 acres 29 `NOTE: Combination of activities and facilities; e.g., tennis courts and swimming pools, may require additional lot area beyond the minimum listed; however, the minimum areas are not additive; e.g., if the bed and breakfast has one acre, it can have a pool and a tennis court. Nor are these areas additive to the base minimum. J. Any change in the ownership, structure, or the site plan requires a revised permit. 17.18.050 Application Procedure. A. The application for a Conditional Use Permit for a bed and breakfast shall be submitted on a form obtained from the Planning Department and shall also be signed by the owner of the property if other than the applicant. B. Upon receipt of an application satisfying the requirements of this Chapter, the Planning Department shall route it to all appropriate Departments. Each City Department shall submit to the Planning Department recommendations and comments regarding the application. 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 (.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. . 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. 17.18.090 Permit Limitations. A. Once a Conditional Use Permit has been issued for a bed and breakfast, it shall not be transferred to another location. B. The Conditional Use Permit shall be valid only for so long as the bed and breakfast complies with the requirements of this Chapter and the conditions of approval. C. Any change in the ownership, the structure, or the site plan requires a revised permit. 17.18.100 Permit Revocation. The Planning Director may immediately revoke or suspend the permit, or deny either the issuance or renewal thereof, if he finds that: A. The applicant or permittee has violated or failed to meet any of the provisions of this Chapter or conditions of the permit; or B. Any required licenses have been suspended. revoked, or canceled. Upon denial, suspension or revocation, the Planning Director shall notify the applicant or permittee in writing of the action he has taken and the reasons therefor. After giving such notice by certified mail, if the bed and breakfast has not been removed within thirty (30) days, the Planning Director, or his designee, may cause the closure of any bed and breakfast found in violation of this Chapter. 30 17.18.120 Appeals. Chapter 17.7019 PRD - PLANNED RESIDENTIAL DEVELOPMENT OVERLAY ZONE Sections: 17.7019.010 Purpose and Intent. 17.7019.011 Definitions. 17.7819.020 Applicability. 17.7019.030 Permitted Uses. 17.7019.040 Permitted Modifications of Land Use Regulations. 17.7019.050 Standards. 17.7019.060 Basic Density. 17.7819.061 Additional Density Credits. 17.7019.070 Procedure for Approval. 17.7019.080 Pre - Application Review. 17.7019.090 Application Procedure. 17.7919.100 Routing and Staff Recommendations. 17.7019.110 Planning Commission Public Hearing - Scheduling and Notice. 17.7019.120 Planning Commission Recommendation - Preliminary Development Plans. 17.7019.130 City Council Action - Preliminary Development Plans. 17.7019.140 Final Approval of Planned Residential Development. 17.7019.150 Planning Commission Review of Final Development Plan. 17.7019.160 City Council Final Action. 17.7019.170 Building Permits. 17.7019.180 Modifications After Final Approval. 17.70.300 Penalty. 17.7019.010 Purpose and—ititent. The purpose of the Planned Residential Development District Overlay Zone is to provide alternative zoning regulations which permit and encourage design flexibility, conservation and protection of natural amenities critical areas, and innovation in residential developments to those regulations found in the underlying zone. 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 zones. 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. 31 17.7019.011 Definitions. A. Common Usable Open Space: Area within a Planned Residential Development which is accessible and usable to all residents of the development and which is: 1. Land which is unoccupied by nonrecreational buildings, parking areas, or traffic circulation roads; or 2. Land which is dedicated to recreational buildings, structures or facilities; or 3. Land which is dedicated to an open space purpose of the Planned Residential Development such as preservation of natural features. To be considered common usable open space for recreational purposes, the open space must be usable for specific or multi - purpose activities, be located on generally level land, be regularly shaped and contain a minimum of 1000 square feet. B. Neighborhood Density: The neighborhood density is the number of dwelling units per acre allowed by zoning when streets, parks, electrical distribution substations, and other necessary supporting development are included in the calculation. C. Planned Residential Development (PRD): A PRD is a site specific development which has been approved by the City Council under the provisions of Chapter 17.70 of the Port Angeles Municipal Code. D. Recreational Purpose: An express intent of a space design and development to service a particular healthful or aesthetic activity. E. Townsite Block: A block of 500' x 300' dimension or 3.44 acres as created by the original platting of the Townsite of Port Angeles. F. Transitional Housing Density: A calculation measured in dwelling units per acre that is greater than the maximum units /acre permitted in one zones and less than the maximum units /acre permitted in another zoning rice. 17.7919.020 Applicability. Planned Residential Developments may be established, subject to final approval of a proposal for a specific parcel or parcels of land, in all districts which allow residential uses; and may include land which is zoned PBP. A Planned Residential Development shall contain a minimum of one (1) acre with basic densities permitted only per the underlying zones and a minimum of 3.44 acres with additional density credits as may be permitted through Section 17.70.061. 17.7019.030 Permitted Uses. Only those residential uses allowed in the underlying zones are permitted within a Planned Residential Development of less than 3.44 acres; provided that, for purposes of this Chapter, a single - family residence may be attached to another dwelling by common walls. Residential building types in a Planned Residential Development of 3.44 acres or more may vary from those permitted in the underlying zonei-ng distriet. 17.7019.040 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 dis riet zone 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 zonesing diets 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 based on the final lot configuration after subdivision of the property. 17.7019.050 Standards. The following standards shall apply to all Planned Residential Developments: A. All street and utility improvements shall be constructed to standards specified by the City of Port Angeles. Street widths may vary from widths required in the Subdivision Regulations, and interior circulation streets may be either public or private. B. All Planned Residential Developments shall devote at least 30% of the gross 32 area of the site to common usable open space, half of which must be used for recreational purposes and none of which will be credited in the setback areas required along the exterior property lines of the PRD. Street rights -of -way, driveways, parking lots and utility structures shall not be counted as part of the common usable open space. Common usable open space shall be maintained as an integral part of the site and may not be segregated as a separate parcel or parcels unless such parcels are to be owned by a homeowners association. Community recreation facilities and recreation structures shall be included in calculating the area devoted to common usable open space. C. All Planned Residential Developments shall provide for continuous and perpetual maintenance of common open space, common recreation facilities, private roads, utilities, parking areas and other similar development within the boundaries of the PRD in form and manner acceptable to the City. D. Platting shall be required of all projects which involve or contemplate the subdivision of land. Lots in a platted Planned Residential Development may be sold to separate owners according to the separate lots as shown in the recorded plat which is approved in connection therewith. Development of all lots within the platted Planned Residential Development shall be as shown in the approved PRD. No further subdivision of land within the Planned Residential Development will be permitted unless a formal amendment to the PRD is approved. E. Conditional Use Permits shall be required of all projects which involve or contemplate conditional uses which may be allowed in the underlying zone(s)' No further conditional use permits, except home occupations, will be permitted within the Planned Residential Development unless a formal amendment to the PRD is approved. F. For any underlying land use regulatory process that is consolidated through the PRD overlay process, the criteria and development standards of that underlying land use regulatory process shall be met. Any subsequent land use decision made pursuant to an underlying land use regulatory process shall also require a formal amendment to the PRD. G. To encourage design flexibility, conservation of natural amenities, and innovations which result in a higher quality residential environment than traditional subdivisions, site planning and architectural review which address the following criteria are required of all development in the PRD. Where applicable, the design of PRDs shall accomplish the following to the greatest extent possible: 1. Preserve unique physical features of the site including, but not limited to, creeks, wetlands, ravines, bluffs, lakes or ponds, shorelines, and forest areas. 2. Preserve scenic view corridors, both internal and external to the site. 3. Provide recreation facilities including, but not limited to, bicycle or pedestrian paths, children's play areas and playfields. 4. The design of all open space areas and building structures shall be compatible with and complementary to the environment in which they are placed. H. All Planned Residential Developments shall comply with the goals and policies of the Port Angeles Comprehensive Plan. 17.7019.060 Basic Density. Every Planned Residential Development shall be allowed an increase of 10% over the gross or neighborhood density of the underlying zone or zones in which the site is located, as follows: Zone PBP PBP RS -9 RS -7 RTP RMD RHD, OC & CSD Zones Neighborhood Density +10% 1.8 d/u /acrc (50 %of +10% 2.24 d/u /acre + 10% 3.59 d/u /acre + 10% 4.47 d/u /acre + 10% 7.26 d/u /acre + 10% 8.94 d/u /acre + 10% 25.6 d/u acre + 10% 33 PRD Density — 1.98 d.u.acre RS 9 2.46 d.u. /acre 3.95 d.u. /acre 4.92 d.u. /acre 7.98 d.u. /acre 9.83 d.u. /acre 28.02d. u. /acre 17.7019.061 Additional Density Credits. To encourage further innovative design and site planning, additional density credits may be granted if the proposed development provides amenities and improvements above and beyond typical planned residential development site planning. Additional density credits shall be based upon the following criteria: A. Compatibility with the existing residential neighborhood. B. Innovative and aesthetic architectural design of buildings and other structures. C. Use of landscaping and natural vegetation to screen and provide transitional buffering of the PRD development to neighboring properties. D. Provision of recreation facilities such as bicycle or pedestrian trails, children's play area, playfields, and neighborhood parks to serve others in addition to the occupants of the proposed development. For each of the above, an additional 5 % or less density credits per criterion may be granted. The total PRD density may not exceed 20% over the basic PRD density for the underlying zones. 17.7019.070 Procedure for Approval. The procedure for approval of a Planned Residential Development shall be composed of four steps: A. Public hearing on the preliminary development plan and, if applicable, the preliminary plat and other permit actions, and recommendation by the Planning Commission to the City Council; B. Approval by the City Council at a public meeting of the preliminary development plan and other actions as applicable; C. Public hearing by the Planning Commission to review the final development plan and plat for compliance with the approved preliminary development plan, and recommendation to the City Council; D. Approval of the final development plan and plat by the City Council at a public meeting. E. At either the preliminary or final PRD stage, or both, the City Council may at its discretion decide to hold a public hearing. 17.7019.080 Pre - Application Review. Prior to applying for a PRD, a developer shall submit a conceptual plan to the Planning Department. The conceptual plan will be reviewed for its general compliance with the intent, standards and provisions of this Chapter and other City ordinances by the appropriate departments of the City, and written comments in regard to the plan will be furnished to the developer. The conceptual plan shall contain in sketch form all of the information required in Section 17.7019.090 E and G. After the conceptual plan review and prior to accepting a PRD application, the City shall require a neighborhood meeting. The purpose of the meeting will be to solicit information regarding design alternatives to minimize any adverse impacts from the PRD and to alleviate community concerns. The applicant shall submit an additional set of mailing labels as required for public notice pursuant to Section 17.96.140 PAMC. 17.7019.090 Application Procedure. The application for a Planned Residential Development shall contain the following: A. The name, location and legal description of the proposed development, together with the names, addresses and telephone numbers of the recorded owners of the land and of the applicant and, if applicable, the names, addresses and telephone numbers of any land surveyor, architect, planner, designer, or engineer responsible for the preparation of the plan, and of any authorized representative of the applicant. B. A narrative explaining the proposed use or uses of the land and building, including the proposed number of dwelling units by type, such as single family detached, row housing, and apartments; information on any special features, conditions of which cannot be adequately shown on drawings; and an explanation of covenants, continuous maintenance provisions, and /or homeowners association for the project. C. A survey of the property showing existing features, including contours at 5- foot intervals, buildings, structures, streets, utility easements, rights -of -way, and existing land uses. 34 D. A vegetation survey of the property by either (a) an aerial photograph of the property in a scale acceptable to the City, which identifies significant groupings of trees and unusual or fine specimens of their species; OR (b) a survey of all trees over twelve inches in trunk diameter measured at four feet above the ground; as determined by the Planning Director, in those areas where improvements are proposed. General wooded areas where no improvements are proposed will require a vegetation survey containing the following elements: trees only. 1. A mapping of the extent of the wooded areas with survey of perimeter 2. A narrative regarding the types (species) and condition of the trees and under -story in the wooded area. 3. Identification of trees which are unusual or fine specimens of their 4. In general wooded areas where minor improvements are proposed, a survey of trees over twelve inches in trunk diameter measured at four feet above the ground will be required to a reasonable distance around the improvements. E. Preliminary site plans showing existing and proposed contours at 5 -foot intervals, location and principal dimensions of buildings, open space, recreation areas, parking areas, circulation, landscape areas, subdivision platting and general arrangement. F. A preliminary plat, if applicable, pursuant to Chapter 58.17 RCW and Chapters 16.04 and 16.08 PAMC. G. If a developer elects to obtain additional density credits, the site plan application shall contain specific information relating to the additional density credit criteria of Section 17.70.061. H. Preliminary elevation and perspective drawings of project structures. I. A preliminary utilities plan, including fire hydrant locations. J. A preliminary storm drainage plan with calculation of impervious areas. K. An off - street parking plan and circulation plan showing all means of vehicular and pedestrian ingress and egress to and from the site; size and location of driveways, streets, sidewalks, trails, and parking spaces. Any new traffic control devices required for the safety of the project must be shown. L. Mailing labels as required for public notice pursuant to Section 17.96.140 PAMC. species. 17.7019.100 Routing and Staff Recommendations. Upon receipt of an application satisfying the requirements of Section 17.70.090, the Planning Department shall route the same to all appropriate City Departments. Each such department shall submit to the Planning Department recommendations and comments regarding the application. The Planning Department shall prepare a report to the Planning Commission summarizing the factors involved, the recommendations of other departments, and the Planning Department recommendation and findings. A copy of the report shall be mailed to the applicant and copies shall be made available, at cost, for use by any interested party. 17.7019.110 - Planning Commission Public Hearing - Scheduling and Notice. Upon receipt of an application satisfying the requirements of Section 17.7019.090, the Planning Department shall schedule a public hearing before the Planning Commission. Public notice shall be given as provided in § 17.96.140. 17.7019.120 Planning Commission Recommendation - Preliminary Development Plans. Prior to making a recommendation on an application for a preliminary Planned Residential Development, the Planning Commission shall hold at least one public hearing. The Commission's recommendation on PRD density shall be based upon Sections 17.7019.010, .060 and .061, and the recommendation for approval, denial, or approval with modifications or conditions shall be forwarded to the City Council in written form based upon compliance with Section 17.7919.050 and the following criteria: A. The proposed development will comply with the policies of the Comprehensive 35 Plan and further the attainment of the objectives and goals of the Comprehensive Plan. B. The proposed development will, through the improved utilization of open space, natural topography, transitional housing densities and integrated circulation systems, create a residential environment of higher quality than that normally achieved by traditional development of a subdivision. C. The proposed development will be compatible with adjacent existing and future developments. D. All necessary municipal utilities, services, and facilities, existing and proposed, are adequate to serve the proposed development. E. The internal streets serving the proposed development are adequate for the anticipated traffic levels and the street system of the proposed development is functionally connected by an improved collector street to at least one improved arterial street. F. If the development is planned to occur in phases, each phase shall meet the requirements of a complete development. Developments of less than 3.44 acres shall not be done in phases. 17.7019.130 City Council Action - Preliminary Development Plans. The City Council shall, at a public meeting, consider the recommendation of the Planning Commission. The Council may approve, deny, or approve with modifications or conditions the submitted preliminary development plans. Approval shall be by Council action which incorporates the approved preliminary development plans by reference; and shall include findings based upon Section 17.7019.060, .061, and .120. 17.7019.140 Final Approval of Planned Residential Development. Application for final approval of the Planned Residential Development shall be submitted within one year of the approval of the preliminary development plan. The site must be under one ownership prior to final approval by the Planning Commission and City Council, and the application for final approval must be made by the owners of the entire site. The application shall include the following: A. A title report showing record ownership of the parcel or parcels upon which the PRD is to be developed. B. Guarantee ensuring the retention and continued maintenance of common open space, recreation facilities, and recreation structures. If development is to be done in phases, each phase must meet the requirements of this Section. C. Final development plans, which shall be in compliance with the approved preliminary development plans. D. The final plat, if applicable, pursuant to Chapter 58.17 RCW and Chapter 16.04 and 16.08 PAMC. E. Development schedule. F. Bond or other form of security acceptable to the City in a sufficient amount to complete the project or submitted phase, as determined by the City. G. Covenants, conditions and restrictions and /or homeowners association agreement. 17.7019.150 Planning Commission Review of Final Development Plan. The Planning Commission shall consider the application for final approval at a public hearing, notice of which shall be given as provided in § 17.96.140. A recommendation to the City Council for approval shall include findings on the following: A. Compliance with the approved preliminary development plans; B. Adequacy of the provisions for maintenance of required common open space and other common improvements; C. The final plat, if applicable; and D. Bonding or other acceptable form of security for the whole or specific parts of the project. 17.7019.160 City Council Final Action. The City Council shall review the 36 recommendation of the Planning Commission at a public meeting, and shall approve, deny, or approve with modifications the final development plan and, if applicable, the final plat. Approval of the final development plan shall be by ordinance and a copy of the final PRD shall be filed with and made a part of said ordinance. The Zoning Map shall be amended to indicate the extent of the approved Planned Residential Development, and all future development of the site shall be in conformance with the approved PRD. 17.7019.170 Building Permits. The Building Division shall issue building permits for buildings and structures which conform with the approved final development plans for the Planned Residential Development and with all other applicable City ordinances and regulations. The Building Division shall issue a certificate of occupancy for completed buildings or structures which conform to the requirements of the approved final development plans and all other applicable City ordinances and regulations. The construction and development of all the usable common usable open spaces, pie including recreation facilities, and other public improvements of each project phase must be completed before any certificates of occupancy will be issued; except when bonds or other acceptable forms of security are deposited assuring the completion of such facilities within six months. 17.7019.180 Modifications After Final Approval. The final approval shall be binding upon the development, and design variations from the plan must be submitted to the Planning Commission and City Council for approval and amendment of the ordinance, except for minor changes, as follows: The Planning Department is authorized to allow minor adjustments in the development schedule, location, placement, height, or dimension of buildings and structures, not to exceed an alteration of ten percent in height or ten feet in any other direction, when such minor changes and alterations are required by engineering and other circumstances not foreseen or reasonably foreseeable at the time of approval of the final development plans; except that such adjustments shall not increase the total amount of floor space authorized in the approved final PRD, or the number of dwelling units or density, or decrease the amount of parking or loading facilities, or permit buildings to locate closer to the closest boundary line, or decrease the amount of open space, or decrease the recreation facilities, or change any points of ingress or egress to the site, or extend the development schedule for not more than twelve months. Sections: Chapter 17.20 O€CO - OFFICE COMMERCIAL. OFFICE DISTRICT 17.20.010 Purpose 17.20.040 Permitted Uses. 17.20.080 Accessory Uses. 17.20.160 Conditional Uses. 17.20.200 Area and Dimensional Requirements. 17.20.210 Off - Street Parking. 17.20.220 Signs. 17.20.230 Design and Landscaping. 17.20.010 Purpo .. .: It This is a commercial zone intended 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 37 not create high traffic volumes, involve extended hours of operation, or contain impacts that would be detrimental to adjacent residential areas. 17.20.040 Permitted Uses. A. Services: 21. Banks, financial institutions, insurance and real estate services offices. 4-2. Business and professional offices. 43. Child day-care centers and pre - schools. 34. Medical- /dental clinics and offices and laboratories. B. Residential: 1. Those residential uses permitted in the RHD District; at the RHD density dents allowances. 17.20.080 Accessory Uses. Those uses incidental and accessory to the primary use as defined in §17.08.010(A) are permitted. 17.20.160 Conditional Uses. A. 8B. 3C. 40D. site. Art galleries and museums. Beauty shops and barber shops. Business colleges; music, art, and dance schools. Business Off - street parking lots not associated with a permitted use on the same 3E. Businesses selling medical supplies, goods, instruments, medicine and similar items. -IF Churches. 7G. Detoxification centers. H. Group homes and hospices. Libraries. e. Restr Tetirement Nursing and convalescent homes. K. Public parks and recreation facilities. §L. Residential care facilities. • 2M. : • _ _ • .. . ' . ..: . Utility buildings and structures. 44N. Other uses compatible with the intent of this Chapter. 17.20.200 Area and Dimensional Requirements. A. Area 7,000 square feet for non - residential uses. Residential uses shall comply with the RHD area requirements. B. Lot Width 50 feet. C. Setbacks: Front 25 feet from property line. Rear 25 feet from property line. Detached accessory buildings shall not be permitted closer than 10 feet to the rear property line. Side 7 feet from the property line. 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 the street shall have a building line setback of 13 feet. D. Maximum Lot Coverage 45 %. E. Maximum Building Height 30 feet. 17.20.210 Off - Street Parking. (See Chapter 14.40 PAMC). 17.20.220 Signs. Signs shall not exceed 50 square feet; provided, however, that if the site area is 14,000 square feet or greater, then the total allowable sign area may be 38 increased to 100 square feet. No more than 50 square feet of lighted signage may be placed within 50 feet of adjacent residential property. No more than 50 square feet of lighted signage may face residential property located directly across a street. Signs may be lighted, but shall not be the intermittent or flashing type. All freestanding signs shall not exceed five feet in height. All other signs shall not exceed 30 feet in height. 17.20.230 Design and Landscaping. A. All outdoor storage areas, except for City mechanized refuse collection system containers, shall be screened from public rights -of -way and abutting property by a vision - obscuring fence 6 feet in height. B. All lighting on the site shall be so directed as to reflect away from adjoining property and public rights -of -way. C. The side yard abutting a residentially zoned lot shall be landscaped in a manner that is complementary or similar to residential landscaping. In other words, such landscaping shall be complementary or similar to shrubs of 3 foot to 6 foot mature height interspersed with evergreen and /or deciduous and /or ornamental trees. Five feet of the rear yard setback area abutting a residentially zoned lot shall be landscaped in a similar manner. D. The unused space resulting from the design of parking space arrangements or accessory structures which is over 24 square feet shall be landscaped. E. All landscaping shall comply with the vision clearance requirements of Section 17.94.090 PAMC. F. All non - residential structures shall be designed to be compatible with the residential environment. G. One tree shall be provided for each ten parking spaces, exclusive of any perimeter landscaping. Trees shall have a minimum caliper of two inches, and have a height of at least 20 feet at maturity. H. All parking lots shall be screened by 3 -foot to 6 -foot vision obscuring fence or vegetation on the sides adjacent to residentially zoned property. Chapter 17.21 C-RCN - COMMERCIAL, NEIGHBORHOOD Sections: 17.21.010 Purpose. 17.21.040 Permitted Uses. 17.21.160 Conditional Uses. 17.21.200 Development Standards. 17.21.210 Off- sStreet Parking. 17.21.220 Signs Permitted. 17.21.230 Design and Landscaping. 17.21.010 Purpose. A. CR Zone This is a commercial zon intended to create and preserve areas for businesses which are of the type providing goods and services daily by for the day -to -day needs of the surrounding residential tones neighborhoods. Businesses in this zone shall occur on sites no larger than one acre and shall be located and designed to encourage both pedestrian and vehicle access and to be compatible with adjacent residential neighborhoods. 17.21.040 Permitted Uses. 2. Apartments. 39 A. 4B. 4C. D. 6E. 7F. SG. 9H. Art galleries and museums, Bakery shops. Banks, financial institutions, insurance and real estate services offices. Barber shops, beauty shops. Business and professional offices. Child day =care centers and pre-schools. Delicatessens, grocery stores-r supeffRafkets. Drug stores, pharmacies. 11. Hardware stores. Group homes and hospices. J. Libraries. 42K. Medical; /dental offices and clinics and laboratories. •, ..:.- -- - - , . -- L. Nursing and convalescent homes. M. Public parks and recreation facilities. 44N. Repair services, such as appliance repair, shoe repair, and TV and stereo repair services. 430. Residential care facilities. P. Residential uses permitted in the RHD zone at the RHD density allowances. 4-6Q. Restaurants, cafeterias. 47R. Self - service laundries. 4-9S. Specialty shops: gift, florist, hobby, antique., candy, ice cream, video rental. B. Residential: 1. Those residential uscs permitted in thc RHD District, at thc RHD 17.21.160 Conditional Uses. A. Churches. 4B. Fire Stations. 4C. Gasoline service islands, accessory to convenience or grocery stores. 6D. Off - street parking lots. 9E. SeJf- service car washes. SF. Social clubs and fraternal organizations. 7G. Utility buildings and structures. 48H. Other uses compatible with the intent of this Chapter. 5. Group homes and hospiccs. 17.21.200 Development Standards. A. Area and Dimensional Requirements: 1. Minimum Lot Area - 7,000 square feet for non - residential uses. Residential uses shall comply with the RHD area requirements. 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. 17.21.210 Off- 5Street Parking. (See Chapter 14.40 PAMC). 17.21.220 Signs Permitted. Signs, lighted but not intermittent or flashing type, not 40 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 Rresidential Distfiet zone. Maximum height 3020 feet. No billboards shall be permitted within the Commercial. Neighborhood Zone. • 17.21.230 - Design and Landscaping. A. All outdoor storage areas, except City mechanized refuse collection system containers, shall be screened from view from public rights -of -way and abutting property by a sight- obscuring fence 6 feet in height. B. All lighting on the site shall be so directed as to reflect away from adjoining non - commercial property and public rights -of -way. C. The side yard abutting a residentially zoned lot shall be landscaped in a manner that is complementary or similar to residential landscaping. In other words, such landscaping shall be complementary or similar to shrubs of 3 foot to 6 foot mature height interspersed with evergreen, deciduous and /or ornamental trees. Five feet of the rear yard setback area butting a residentially zoned lot shall be landscaped in a similar manner. D. Unused space which is over 24 square feet and which results from the design of parking space arrangements or accessory structures shall be landscaped. E. One tree shall be provided for each 10 parking spaces, exclusive of any perimeter landscaping. Trees shall have a minimum caliper of two inches and shall have a height of at least 20 feet at maturity. F. All parking lots shall be screened by 3 -foot to 6 -foot vision - obscuring fence or vegetation on all sides adjacent to residentially zoned property. (Ord. 2797 §3, 2/11/94) Chapter 17.22 CSD - COMMUNITY SHOPPING DISTRICT Sections: 17.22.010 Purpose. 17.22.040 Permitted Uses. 17.22.160 Conditional Uses. 17.22.200 Development Standards. 17.22.210 Off- sStreet Parking. 17.22.220 Signs Permitted. 17.22.230 Design and Landscaping. 17.22.010 Purpose. A. The CSD Zonc This is a commercial zone is -else oriented primarily to those businesses serving the immediate needs of the surrounding residential zones but is slightly less restrictive than the CRCN zone and as such provides a transition area from the most restrictive commercial zones to those of lesser restrictions. 17.22.040 Permitted Uses. 1. Apartments A. Art galleries and museums. -2B. Bakery shops. 4C. Banks, financial institutions. insurance and real estate services offices. - 4D. Barber shops, beauty shops. E. Business colleges: music. art. and dance schools. 3F. Business and professional offices. -6G. Child day-care centers and pre-schools. H. Churches. 7. Creameries. - I. Delicatessens, grocery stores, supermarkets. -9J. Drug stores, pharmacies. 41 10. Frozen food or cold storage lockers. 44-K. Hardware stores ee-rep ops. L. Libraries. Medical; /dental offices and clinics and laboratories. N Public parks and recreation facilities. O. Repair services, such as appliance repair, shoe repair, and TV and stereo repair services. P. Residential uses permitted in the CN zone at the RHD density allowances. -1-Q. Restaurants, cafeterias. 44R. Self- service laundries. 435. Service Stations. 43T. Specialty shops: gift, florist, hobby, antique, candy. ice cream, video rental. 4-U. Taverns and cocktail lounges. 17.22.160 Conditional Uses. 1. Churchcs. 2A. Fire Stations. B. Frozen food or cold storage lockers. 3C. Off - street parking lots. 6D. Self - service car washes. 5E. Social clubs and fraternal organizations. 4F. Utility buildings and structures. 7G. Other uses compatible with the intent of this Chapter. 17.22.200 Development Standards. A. Area and Dimensional Requirements: 1. Minimum Lot Area: 7,000 square feet for non - residential uses. Residential uses shall comply with the RHD Zone area requirements. 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. 17.22.210 Off- sStreet Parking. (See Chapter 14.40 PAMC). 17.22.220 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. 17.22.230 - Design and Landscaping. A. All outdoor storage areas, except City mechanized refuse collection system containers, shall be screened from view from public rights -of -way and abutting property by a sight- obscuring fence 6 feet in height. B. All lighting on the site shall be so directed as to reflect away from adjoining non - commercial property and public rights -of -way. C. The side yard abutting a residentially zoned lot shall be landscaped in a manner that is complementary or similar to residential landscaping. In other words, such landscaping shall be complementary or similar to shrubs of 3 foot to 6 foot mature height interspersed with evergreen, deciduous and /or ornamental trees. Five feet of the rear yard setback area butting a residentially zoned lot shall be landscaped in a similar manner. D. Unused space which is over 24 square feet and which results from the design of parking space arrangements or accessory structures shall be landscaped. 42 E. One tree shall be provided for each 10 parking spaces, exclusive of any perimeter landscaping. Trees shall have a minimum caliper of two inches and shall have a height of at least 20 feet at maturity. F. All parking lots shall be screened by 3 -foot to 6 -foot vision - obscuring fence or vegetation on all sides adjacent to residentially zoned property. (Ord. 2797 §4, 2/11/94) Chapter 17.23 • ••. Section 17.23.010 Purpose and Intent. 17.23.040 Permitted Uscs. 17.23.160 Conditiena U e 17.23.210 Parking. 17.23.220 Signs. A. Retail: 1. Bakery shops. 2. Drug stores, pharmacies. 3. Delicatessens. '1. Grocery stores. B. Service: 2. Self service laundries. 3. Child Day Care Centers and pre schools. C. Other: NV WO WV 2. Adult Family Homes. 3. Supported Living Arrangements. 4. Residential Care Facilities. . ' 1 - 111 04 VP A. B. C. Churches. Utility buildings and structures. Offstrcct parking lots. A.M. to 10 P.M. E. Other uses compatible with the intent of this Chapter. 43 Minimum Lot Arca 7,000 square fcct. Minimum Lot Width 50 fcct. a. b. _ Front: 25 fcct. Sidc: 13 feet from lot line whcn abutting a street; in . . . no side yards required whcn abutting another lei 4. Maximum Lot Coverage 50 %. 5. Maximum Floor Arca 3,500 square fcct per business. 6. Maximum Height 30 feet. 17.23.210 Parking. (See Chapter 14.40 PAMC.) • • 0111 • • ... . _ . E. All landscaping shall comply with the vision clearance requirements of §17.94.090. Chapter 17.2623 ACDCA - ARTERIAL COMMERCIAL. ARTERIAL DISTRICT Sections: 17.2623.010 Purpose 17.2623.040 Permitted Uses. 17.2623.080 Accessory Uses. 17.2623.160 Conditional Uses. 17.2623.200 Area and Dimensional Requirements. 17.2623.210 Off - Street Parking. 17.2623.220 Signs. 17.2623.230 Design and Landscaping. 17.26.300 Redesignation. -- 17.2623.010 Purpose of The Arterial Commercial District. purpose -ef the 44 Arterial Commercial Di3tr ct This is a commercial zone intended to create and preserve areas for business serving the entire City that and needing an arterial location because of the nature of the business or intensity of traffic generated by the business. shops. 17.2623.040 Permitted Uses: A. Retail: 1. Auto supply stores, service stations, self - service gas islands, and tire 2. New and used dealerships of automobiles, trucks, trailers, motorcycles, recreational vehicles, tractors, boats including related sales, leasing, and related servicing. - 43. Building material stores, cabinet shops, glass stores, hardware stores, lumber yards, paint stores, and plumbing supply stores. 4. Businesses selling medical supplies. goods. instruments. medicine. and similar items. 435. Chain saw sales and service stores. 56. Commercial recreation establishments, such as bowling alleys, night elubs; -peel l theaters (movie and others). skating rinks. driving ranges. putt -putt golf courses. and video arcades. 67. Farm equipment stores, garden supply stores, nurseries. 78. Food and beverage establishments, such as cocktail lounges, cafes, cafeterias, drive -in restaurants, restaurants, take -out lunch stands, and taverns; provided that drive -in restaurants, restaurants with cocktail lounges, and taverns, all of which have direct customer access to an alley abutting residentially zoned property, shall be conditional uses. 89. Food item retail sales outlets, such as bakeryies shops, candy and ice cream stores, delicatessens, fruit and vegetable stands, grocery stores, liquor stores, meat and fish markets, and supermarkets. 910. General merchandise stores, such as catalogue sales stores, clothing and shoe stores, department stores, drug stores, second -hand stores, antique stores, pawn shops, sporting goods stores, and variety stores. 4011. Household furnishings stores, such as appliance stores, furniture stores, office equipment stores, and stereo stores. 4412. Motels, hotels and hostels. 4213. Specialty stares shops, such as bicycle, book, computer, florist, gift, hobby, and toy, and pet stores. video rental. 14. Shopping centers. not exceeding 100.000 square feet in building floor area. B. Services: 1. Art, dance, voice, and music schools. 2. Art galleries and museums. 23. Business colleges and trade schools. 4-04. Business and professional offices . 35. Business services offices, such as accounting, tax, employment, and management consulting services. 46. Child Delay -Scare €centers and PRre- schools. 7. Churches. 8. Detoxification centers. 9, Equipment rental stores. MO. Financial services offices, such as bail bond stores, banks, financiale officcs institutions, insurance companies, real estate e€iees services, stock brokerages, and title companies. 611. Furnishings repair shops, such as upholstering and reupholstering 712. Governmental e€fees and social service agencyies offices. $13. Laundries, commercial, dry cleaning shops, laundries, self- service and shops. tailor shops. 45 14. Libraries. 15. Medical /dental offices and clinics and laboratories. 916. Personal services facilities, such as barber shops, beauty shops, exercise and reducing studios, and travel agencies. 4-217. Printing, blueprinting, photo developing and reproduction, and sign 18. Public parks and recreation facilities. 4419. Repair services shops, such as appliance repair, shoe repair, and TV and stereo repair services. C. shops. Institutional: 1. Clubs and lodges. D. Residential: allowances. E. Transportation and Communication: 1. Convention centers, auditoriums. 2. Ferry, seaplane, airplane, and helicopter, offices and terminals facilities. 3. Mass transit terminals. 4. Parcel delivery service terminals. 5. Radio stations, TV stations, and newspaper buildings. 6. Vehicular services buildings, such as ambulance service, automotive and truck rentals, and vehicle maintenance and repair shops, not including auto body and paint shops and auto engine repair shops. F. Wholesale: 1. Storage services buildings, such as frozen food and cold storage lockers, mini - warehouses, transfer, moving and storage facilities. 2. Warehouse buildings and yards. 3. Wholesale httsiitesses stores. Mixed Commercial /Residential: Developments. Adult Family Homes. 4. Residential Care Facilities. 1. Residential uses permitted in the CN zone at the RHD density G. 17.2623.080 Accessory Uses. Those uses incidental and accessory to the primary use as defined in §17.08.010(A) are permitted. 17.2623.160 Conditional Uses. OA. Vehiele Auto body and paint shops and auto engine repair shops. B. Churches. GB. Drive -in restaurants, restaurants with cocktail lounges and taverns, all of which have direct customer access to an alley abutting residentially zoned property. Fire Stations. Licensedffeeking impound yards. Massage parlors, saunas and steam baths, as primary use. Microbreweries Off - premises outdoor advertising signs Parks and public piers. ImElepenclent-eOff-street business parking structures and lots. Recreational vehicles. vacation trailers, and campers courts and parks. DC. FD. GE. HF. G. I EH. 1I. 46 • • L.I. Salvage steres-ancl-yafdsi and recycling stores buildings. MK. Shopping fnalls centers, exceeding 63,000100,000 square feet in laed building floor area. NL. AM. :. ' ; .. .. . , . . ; . ; . Utility buildings and structures. PN. 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 Social service agencyies buildings providing 24 -hour residential care. see another. 4. that an incinerator of a type approved by the local health department is installed. QO. Other uses compatible with the intent of this Chapter. 172623.200 Area and Dimensional Requirements. A. Minimum Lot Area: 7,000 square feet for non - residential uses. Residential uses shall comply with the RHD Zone area requirements. B. Minimum Lot Width: 50 feet. C. Setbacks: Front No setback requirement. Rear No structure shall be built within the rear 15 feet of a lot that abuts an alley or a residential district. Side No structure shall be built within 15 feet of any property that has a residential zoning classification or an alley. No side yard shall be required when abutting another commercially zoned lot, except that for residential and mixed commercial /residential structures a 7 -foot side yard shall be required. -.._ :. _ ... _.. •. - their p .,t of intersection E. Maximum Lot Coverage: 60% F. Maximum Building Height: 30 feet. 17.2623.210 Off - Street Parking. (See Chapter 14.40 PAMC.) 17.2623.220 Signs. A. Signs may be lighted but not intermittent or flashing type. All signs over 10 square feet in area shall be restricted to territory no closer than 100 feet to all property in a presidential Distfiet zone. Maximum height shall be 35 feet. B. Maximum Sign Area: 1. Building - Mounted Signs. Building - mounted signs may be placed on any wall not facing an adjacent residential zone. Building - mounted signs may not extend above the top of the eaves or parapet and may not be located on a roof. For buildings occupied by a single entity, sign area shall not exceed 20% of the area of the building elevation facing a public street to a maximum of 250 square feet for each building elevation which faces a public street. In buildings occupied by more than one entity, each entity's signage may not exceed 20% of that entity's portion of the building elevation facing a public street occupied by said entity to a maximum of 250 square feet. 2. Free - Standing Signs. One point twenty -five (1.25) square feet of free- standing visible sign area is allowed for every one lineal foot of arterial street frontage of the site, provided that the maximum area on any free - standing sign face does not exceed half of the maximum visible sign area. "Visible sign area" is defined as the total of all free - standing sign faces visible from any location. The maximum visible sign area for a particular site 47 shall be as follows: Site Size Maximum Visible Sign Area Less than .50 acre 100 square feet .50 - .99 acre 200 square feet 1 - 1.99 acres 300 square feet 2 - 2.99 acres 400 square feet 3 acres and above 500 square feet C. Off - premise outdoor advertising signs, including billboards, shall be prohibited on sites which contain signage for tenants or businesses located on said sites. 17.2623.230 Design and Landscaping: A. All outdoor storage areas shall be screened from public view from public rights -of -way and abutting property by a sight - obscuring fence 6 feet in height; except sanitation receptacles associated with mechanized collection. B. All lighting on the site shall be directed or shaded so as not to shine directly on adjoining non - commercial property. C. A visual screen consisting of solid fencing, landscaping, or other materials, shall be provided in the yard abutting residentially zoned land. Such a screen shall be to a height of 6 feet. If landscaping is used, it shall include evergreen shrubs planted to form a hedge of at least 6 feet mature height within three years of the planting date, except that approved vehicle driveways to an alley shall not be obstructed; and except that sanitation receptacles associated with mechanized collection shall not be obstructed. D. All required parking areas shall include landscaping of at least one tree for each ten spaces. The trees shall be of a type approved by the City, at least 2" caliper at planting time, and placed in a planting area of 10 -foot minimum width or diameter. .. • Chapter 17.284 CBD - CENTRAL BUSINESS DISTRICT Sections: 17.284.010 Purpose. 17.284.040 Shoreline Master Program. 17.284.041 Permitted Uses. 17.284.080 Accessory Uses. 17.284.160 Conditional Uses. 17.284.200 Development Standards. 17.284.210 Off - Street Parking. 17.284.220 Signs. 17.284.230 Design and Landscaping Standards. 17.284.010 Purpose. - .. -.. - .. :. - - This is a commercial zone intended to strengthen and preserve the area commonly known as the Downtown for major retail, service, financials and other commercial operations that serve the entire community, the regional market, and tourists. It is further the purpose of this zone to establish standards to improve pedestrian access and amenities and to increase public enjoyment of the shoreline. 17.284.040 Within 200 feet of ordinary high water, permitted or conditional uses must comply with the Cla' unty Shoreline Master Program as adopted and amended by the City. 48 17.284.041 Permitted Uses. A. Retail: 1. Auto supply stores. 2. Building material stores, hardware stores, paint stores, and plumbing 3. Commercial recreation establishments, such as bowling alleys, night elebsrpeel-halls-; theaters (movie and others), skating rinks. putt -putt golf courses, and video arcades. 4. Food and beverage establishments. such as €cocktail lounges, cafes, cafeterias, restaurants, sidewalk cafes (subject to the permit requirements of the Street Use Ordinance No. 2229 as amended), take -out lunch stands, and taverns. 5. Food and be:erage establ�is ments item retail sales outlets, such as bakeryies, candy and ice cream stores, delicatessens, fruit and vegetable stands. grocery stores, liquor stores, meat and fish markets. and supermarkets. 6. General merchandise stores, such as catalogue sales stores, clothing and shoe stores, department stores, drug stores, second -hand stores, antique stores, pawn shops, shopping malls centers (63,000 100.000 square feet and-under or less in building floor area), sporting goods stores, and variety stores. 7. Household furnishings stores, such as appliance stores, furniture stores, office equipment stores, and stereo stores. 8. Motels, hotels, and hostels. 9. Specialized stares shops, such as bicycle, book, computer, florist, gift, hobby; and toy, and pet stores. video rental. B. Services: 1. Art, dance, voice, and music schools and studios. 2. Art galleries and museums. 23. Business colleges and trade schools. 4-04. Business and professional offices 35. Business services offices, such as accounting, tax services, employment, end management consulting, and printing services. 46. Child Delay -€care €centers and pre - schools. 7. Churches. 58. Financial services offices, such as bail bond stores, banks, finance offices institutions, insurance companies, real estate effiees services, stock brokerages, and title companies. 69. Furnishing repair shops such as and upholstering (and neeessafy reupholstering) shops. 410. Governmental of ees and social service agencyies offices. 811. Self- service laundries and tailor shops. 12. Libraries. 13. Medical /dental offices and clinics and laboratories. 914. Personal services facilities, such as barber shops, beauty shops, exercise and reducing studios, and travel agencies. 15. Public parks and recreation facilities. 4416. Repair services shops, such as appliance repair, shoe repair, and TV and stereo repair services. C. Institutional: 1. Clubs and Lodges. 2. Research Vessels. D. Residential: supply stores. . • _ - • . i . • . . . 2. Adult Family Homes. 3. Supported Living Arrangements. 5. Group homcs and hospiccs. 1. Residential uses permitted in the CN zone at the RHD density 49 allowances. E. Transportation and Communication: 1. Convention centers, fowl auditoriums. 2. Ferry, seaplane, and helicopter facilities. 3. Mass transit terminals and multimodal centers. 4. Off - Street business parking structures and lots. 5_, Radio stations. TV stations. and newspaper buildings. 56. Vehicular rental services facilities, including light trucks, automobiles, motorcycles, mopeds, and bicycles. 47. Vessel moorage, including marinas and docks for pleasure boats, Coast Guard vessels, and submarines. F. Mixed Commercial /Residential: Developments. 17.284.080 Accessory Uses. Those uses incidental and accessory to the primary use, as defined in §17.08.010(A) are permitted. 17.284.160 Conditional Uses. GA. Boat sales, marine items, and related servicing facilities. AB. Fire Stations. DC. Glass stores. AD. Marine fueling stations. PE. Microbreweries. MF. Self- service gas Iislands and gasoline service islands. accessory to convenience or grocery stores. LG. Shopping der centers. exceeding 63,000100.000 square feet in building floor area. FH. Social service agencyies buildings providing 24 -hour residential care. $I. Supermarkets_ GJ. ' . = - . Utility buildings and structures. NK. Other uses compatible with the intent of this Chapter. 14. I. J. Churches. Parks and Public Picrs. Rest, retirement, nursing, and convalescent centers. .. *. .. 17.284.200 Development Standards. A. Area and Dimensional Requirements: 1. Minimum Lot Area: 3,500 square feet for non - residential uses. Residential uses shall comply with the RHD area requirements. 2. Minimum Lot Width: 25 feet. 3. Setbacks /Building Envelope Distances: Side - None, except no structure shall be built within 10 feet of any property that has a residential zoning classification. No side yard required when abutting a commercial, green belt, or industrial zoned lot; except that for residential and mixed commercial /residential structures a 7 -foot side yard shall be required. Rear - None, except no loading structure or dock shall be built within 15 feet of any alley. Front - At least 50% of the front property line shall be abutted by a building; provided, however, that for the purposes of this Section, a publicly accessible plaza, square, outdoor dining area, or similar area shall be considered a building. 4. Maximum Lot Coverage: No maximum lot coverage except that north of Railroad Avenue, maximum lot coverage shall be subject to the requirements of the Clallam County Shoreline Master Program as adopted and amended by the City of Port Angeles. B. Maximum Building Height: 50 1. North of Railroad Avenue: Maximum building height shall be established during the Shoreline Substantial Development Permit process, utilizing the regulations and purposes of the Shoreline Master Program. 2. South of Railroad Avenue: Unlimited maximum height; provided, however, that additional height over 45 feet shall be obtained by Conditional Use Permit that considers the impacts upon existing views and solar protection, shadow impacts, and the height of the bluff south of First Street. 3. Leased air rights over rights -of -way shall have the same maximum height as the abutting property. 4. Upper floors devoted exclusively to public access shall be exempt from maximum height limitations; provided that views of the water are unobstructed. 5. Height calculations shall be based upon the existing grade of the lot or the existing grade of the front property line, whichever is higher. 17.284.210 Off - Street Parking: (See Chapter 14.40 PAMC). 17.284.220 Signs. Signs shall comply with Chapter 14.36 PAMC. 17.284.230 Design and Landscaping Standards. A. All outdoor storage areas, except those associated with municipal solid waste collection, shall be screened from public view from public rights -of -way and established marine and pedestrian routes. B. At least the first five feet of the 10 -foot setback area abutting a residential zone shall be landscaped. Landscaping shall include shrubs of at least 6 -foot mature height capable of forming a hedge, evergreen, deciduous, or ornamental trees. C. Development abutting the ordinary high water mark, as defined in the Clallam County Shoreline Master Program, shall provide public access to the shoreline. D. Shoreline rehabilitation and /or reconstruction shall provide a rock riprap edge and wooden boardwalk or an improved on -grade path for public access. E. Development occurring in Harbor Lease areas over the water shall be on piers and docks that comply with the requirements of the Clallam County Shoreline Master Program. F. Landfill is prohibited except to increase public access to the shoreline and shall comply with the Clallam County Shoreline Master Program as adopted by the City of Port Angeles and hereafter amended. G. Drive -in facilities, including accessory uses such as drive -in windows of banks and restaurants, except for ferry terminals and parking lots and structures, are prohibited. Chapter 17.6725 ADULT ENTERTAINMENT CONDITIONAL USE PERMIT Sections: 17.6725.010 Purpose. 17.6725.020 Definitions. 17.6725.030 Conditional Use Permit Required. 17.6725.040 Development Policies. 17.6725.050 Separation Requirements. 17.6725.060 Permit Fee. 17.6725.070 Permit Application. 17.6725.080 Operation and Development Standards. 17.6725.090 Exceptions. 17.6725.100 Appeals. 17.6725.110 Penalties. 17.6725.010 Purpose. The purpose of this Chapter is to ensure that adult 51 entertainment businesses are appropriately located and operated within the City of Port Angeles, are compatible with uses allowed within the City, and are conducive to the public health, safety, and welfare. 17.6725.020 Definitions. A. "Adult entertainment business" means any premises operated as a commercial enterprise, where any live exhibition or dance of any type is conducted, which exhibition or dance involves a person that is unclothed or in such attire, costume, or clothing as to expose to view any portion of the female breast below the top of the areola and /or any portion of the genital region. B. "Obscene" means having such quality or being of such nature that, if taken as a whole by an average person applying contemporary community standards, would appeal to a prurient interest in sex, would depict patently offensive representations of sexual acts or lewd behavior, and would lack serious literary, artistic, political, or scientific value. 17.6725.030 Conditional Use Permit Required. No adult entertainment business shall be permitted in the City of Port Angeles unless a Conditional Use Permit is approved pursuant to, and in compliance with, the provisions of this Chapter. 17.6725.040 Development Policies. All proposed adult entertainment businesses must be compatible with the permitted and conditional uses of the zoning district in which the adult entertainment business is located and must be conducive to the public health, safety, and welfare. In furtherance of this general policy, all adult entertainment businesses shall also be consistent with the following policies: A. Adult entertainment businesses shall be located so as to avoid close proximity to any zone in which residential uses are an outright permitted use, or any single or multi- family residence, public park, public library, daycare center, pre - school, nursery school, public or private primary or secondary school, or church, in order to reduce incompatibility with such uses and close proximity to locations likely to be frequented by persons under eighteen years old. B. Adult entertainment businesses shall be located in areas of intensive uses which serve a regional market. C. Adult entertainment businesses shall be located so as to avoid close proximity to one another to reduce potential for crime, protect property values, and to protect local business image. 17.6725.050 Separation Requirements. Adult entertainment businesses may be permitted by Conditional Use Permit only if the following separation requirements are met, unless a waiver is obtained as provided herein: A. No adult entertainment business shall be located closer than 1,000 feet to any of the following zones or uses, which are likely to be frequented by persons under the age of 18, whether such zone or use is located within or outside the City limits: 1. Any zone in which residential uses are an outright permitted use; 2. Single- or multi - family residence; 3. Public park; 4. Public library; 5. Daycare center, pre - school, or nursery school; 6. Public or private primary or secondary school; 7. Church; provided that, for the purpose of this Chapter, "church" shall mean a building erected for and used exclusively for religious worship and schooling or other activity in connection therewith. B. The distances provided in this Section shall be measured by following a straight line, without regard to intervening buildings, from the nearest point of the property parcel upon which the proposed use is to be located, to the nearest point of the parcel or property or the zone from which the proposed land use is to be separated. C. A waiver of the distance requirements provided in this Section may be obtained as follows: 52 1. By presenting evidence of consent to the location of the adult entertainment business within the 1,000 -foot area by at least 51% of the owners and residents of property within the 1,000 -foot area as evidenced by the notarized signatures of such owners and residents; and 2. By determination of the Planning Commission, and consideration of the a. The extent to which physical features would result in an effective separation in terms of visibility and access; b. Compliance with the goals and policies of this Chapter; c. Compatibility with adjacent and surrounding land uses; d. The availability or lack of alternative locations for the proposed use; following: e. Ability to avoid the adult entertainment business by alternative vehicular and pedestrian routes. D. Uses and zones specified under 17.6725.050(A) shall not be allowed to locate within 1,000 feet of an adult entertainment business. Any party proposing to locate such a use or zone within 1,000 feet of an adult entertainment business is considered an intervening use and may do so only after obtaining a waiver as provided in 17.6725.050(C). 17.6725.060 Permit Fee. A. The annual fee for the Conditional Use Permit required pursuant to 17.6725.030 shall be as established by ordinance and set forth in Chapter 3.70 PAMC. B. The Conditional Use Permit shall expire annually and must be renewed each year. 17.6725.070 Permit Application. A. The applicant must be 18 years of age or older. B. All applications for adult entertainment Conditional Use Permits shall be submitted in the name of the person or entity proposing to conduct such adult entertainment business on the premises and shall be signed by such person and notarized or certified as true, under penalty of perjury. C. Copies of the application shall be referred by the Planning Department to the Police, Fire, Public Works, or other appropriate Departments. The Departments shall inspect the application, the premises proposed to be operated as an adult entertainment business, and shall make written verification to the Planning Department that such premises comply with the codes of the City and recommendations consistent therewith. No permit may be issued without such verifications. 17.6725.080 Operation and Development Standards. All adult entertainment businesses shall comply with the following operation and development standards: A. All signs shall be in compliance with the regulations for such signs as set forth in the zoning requirements for the applicable zone; provided that such signs shall not contain any obscene language or other form of obscene communication. B. The interior of the premises shall be arranged such that no adult entertainment shall occur except upon a stage at least eighteen inches above the immediate floor level and removed at least six feet from the nearest patron. C. No person shall be allowed entry onto the premises who is younger than eighteen years of age. D. The business shall be operated and managed by persons whose background and experience demonstrate the ability to maintain compliance with all applicable Federal, State, and local laws and the provisions of this Chapter. E. The Police Department shall be authorized to make inspections at all times as necessary to ensure compliance with this Chapter and other applicable laws. F. Sufficient illumination shall be provided so that all objects are plainly visible at all times. Such illumination shall be not less than ten foot - candles at floor level at all times when the premises are open or when any member of the public is permitted to enter 53 and remain therein. G. No alcoholic beverages shall be served or allowed on the premises. 17.6725.090 Exceptions. This Chapter shall not be construed to prohibit the following: A. Plays, operas, musicals, or other dramatic works which are not obscene. B. Classes, seminars, and lectures held for serious scientific or educational purposes. C. Exhibitions or dances which are not obscene. D. Political performances and presentations which are not obscene. 17.6725.100 Appeals. Any person aggrieved by the decision of the City Council as to any Conditional Use Permit applied for pursuant to this Chapter shall make appeal to the Clallam County Superior Court within fifteen (15) days following the decision of the City Council. 17.6725.110 Penalties. A. Any person violating any provision of this Chapter shall be guilty of a misdemeanor and shall be punished by a fine not to exceed Five Hundred ($500) Dollars. Each day that a violation continues shall constitute a separate offense. B. Violation of the standards and regulations in this Chapter is declared to be a public nuisance, per se, which shall be abated by the City Attorney by way of civil abatement procedures, and which shall subject the premises to immediate closure. C. Nothing in this Chapter is intended to authorize, legalize, or permit the establishment, operation, or maintenance of any business, building, or use which violates any City ordinance or State statute regarding public nuisances, sexual conduct, lewdness, or obscene or harmful matter, or the exhibition or public display thereof. Sections: Chapter 17.8726 RS - RETAIL STAND CONDITIONAL USE PERMIT 17.8-726.010 Purpose. 17.8726.020 Definitions. 17.8726.030 Conditional Use Permit Required. 17.8726.040 Development Standards. 17.$726.050 General Location Standards. 17.8026.060 Specific Location Standards. 17.8726.070 Application Procedure. 17.8726.080 Routing and Staff Recommendations. 17.8726.085 Public Hearing. 17.8726.090 Planning Director's Decision. 17.8726.100 Permit Limitations. 17.8726.110 Permit Revocation. 17.87.120 Penalties. 17.8726.130 Appeals. 17.8726.140 Effective Date and Holdover Provisions. 17.8726.010 Purpose. The purpose of this Chapter is to ensure that retail stands are appropriately located in the commercial and public building areas, are compatible with the uses allowed in such areas, and are conducive to the public health, safety, and welfare, and to promote the diversity of retail stand activity. 17.8726.020 Definitions. A Retail Stand is a small, moveable cart that is 54 operated from a fixed location and is designed and sized to be readily moved under the control of one person but not under its own power. 17.$726.030 Conditional Use Permit Required. No retail stand shall be permitted in the City of Port Angeles unless a Conditional Use Permit is approved pursuant to, and in compliance with, the provisions of this Chapter. 17.8726.040 Development Standards. All proposed retail stands must be compatible with the permitted and conditional uses of the zones in which the retail stand is located and must be compatible with the use of sidewalks as pedestrian thoroughfares and the use of parking lots as public parking areas. In furtherance of this requirement, all retail stands shall comply with the following minimum development standards: A. The cart shall be not more than 3 feet wide by 5 feet long by 5 feet high and shall have a minimum of two functional rubber -tired wheels and positive wheel - locking devices. B. A canopy or umbrella may be included with the stand which may not exceed 40 square feet in area or a diameter of six feet. The canopy or umbrella shall be of vinyl, canvas, or similar durable material. Any part of such umbrella or canopy must have a minimum of seven feet of vertical clearance to the sidewalk and must not extend more than two feet from the edge of the cart in any direction. C. Retail stand materials shall be low maintenance and cleanable, preferably painted, and of non - corrosive metal. D. Each retail stand shall be a self - contained unit; PROVIDED, however, that self - contained electrical power generators are not permitted. Utility service connections are not permitted, except that electrical service connections may be permitted when provided by the adjacent property owner and when the following requirements are met: 1. Electrical lines are not allowed overhead or lying on the sidewalk. 2. The outlet location must be placed outside of walkways which are accessible to public and private use. 3. Length of electrical hook -up must be within 15 feet of the stand. 4. No extension cords will be allowed. 5. The hook -up must be permanently wired to the retail stand and meet National Electrical Code requirements as to type, size, and grounding, terminating in an approved outside weather -proof G.F.C.I. (ground fault circuit interrupting) type receptacle. 6. Each retail stand shall require an electrical permit unless previously UL approved, and require inspection prior to operation of the stand. E. Originality and diversity of design and the tasteful use of materials and colors shall be encouraged in order that existing businesses and properties are not detracted from and the economic development of the commercial area of the City is enhanced. As a general rule, bright cheerful colors will comply with this standard. F. Advertising signs may only be placed on the cart. Such signs must conform with City ordinance requirements for signs of the zoning district in which the retail stand is permitted. Any other signs shall not be permitted on sidewalks, parking lots or street areas; provided, however, in the CBD, Central Business District, advertising signs may be 40% of the facade or six square feet, whichever is less. G. Originality and appropriate graphics in signage shall be encouraged. H. All required licenses and permits issued by the City of Port Angeles must be displayed in a prominent, visible manner. I. Retail stand operations must have a permit from the Clallam County Health Department, when required, and must comply with all applicable Health Department requirements. J. Retail stands must be removed from sites daily between the hours of 10:00 P.M. and 6:00 A.M. No retail stand shall be left unattended at any time. K. All persons conducting a retail stand business within the City must keep 55 the site clean and orderly at all times and pick up any refuse or debris and clean up liquid spillage deposited by any person within 25 feet of the vendor's business location. Additionally, all such persons shall provide a refuse container for litter disposal by customers or other persons, which container shall be of a design approved by the City and which must be removed each day, along with the retail stand. City litter receptacles may not be substituted for this purpose. L. Support equipment and accessories shall be self- contained within the retail stand when the vendor is not present. Support equipment and accessories must not be placed in front of the cart and must not extend in total more than three feet from the edge of the cart as long as the overall length does not exceed a total of eight feet. Support equipment and accessories shall not be placed so as to impede pedestrian or vehicular traffic. Food and non - alcoholic beverage preparation, serving, and display are prohibited in the support equipment area. M. Noise - making devices and loud shouting or yelling to attract attention are prohibited. N. All persons conducting a retail stand business shall obey any order of a police officer to temporarily move such retail stand to avoid congestion or obstruction of the surrounding area for pedestrian and /or vehicular traffic. O. Retail stands shall not be locked or chained to street furniture or trees. P. All retail stands shall have one 2A10BC fire extinguisher mounted on Q. A minimum of five feet from the curb and additional space around the retail stand to maintain the pedestrian walkway as a public right -of -way shall be maintained at all times. Such width shall be measured after including the dimensions of the cart and awning attached to the cart, any support equipment or accessories placed adjacent to the cart during operations, and street furniture, street trees, lamp posts, etc. 17.8726.050 General Location Standards. A. Retail stands may only be located in the following zones: 1. Aftefial CA Commercial. Arterial ; 2. CBD Central Business District (CBD); 3. Off}ee CO Commercial. Office $istfiet-(49G); 4. CN Commercial. Neighborhood the cart. 5. CSD Community Shopping District (CSD C); 6. PBP Public Buildings and Parks B. The retail stand location shall be compatible with the pedestrian and the vehicular nature of the zone, the public interest, the use of the right -of -way as a public thoroughfare, the use of parking lots as public parking areas, and /or the use of an open air plaza in the CBD Zone. C. In determining whether or not a proposed location will be permitted, the following criteria shall be considered: 1. The type and intensity of the proposed use and the type and intensity of existing uses; 2. The width of the sidewalk; 3. The proximity and location of existing street furniture, including but not limited to sign posts, lamp posts, bus shelters, benches, phone booths, trees, news stands, as well as the presence of bus stops and truck loading zones; 4. Established and emerging pedestrian and vehicular traffic patterns; 5. The number of available retail stand sites in the given area of the City and the number of existing retail stands in such area; 6. Other factors deemed relevant by the City and consistent with the purpose of this Chapter. D. The retail stand and location shall promote the diversity of retail stand E. The site and retail stand together shall not create a pedestrian or activity. 56 vehicular traffic hazard. F. The retail stand shall be compatible with uses in the general vicinity and the adjacent properties. G. The retail stand and location shall promote the pedestrian nature of the general area in which it is located. H. The retail stand location shall be compatible with the public interest in the use of the sidewalk as a public right -of -way and the use of a public or private parking lot for the primary intended use for vehicular parking and access and shall not endanger the public health, safety and welfare. 17.8726.060 Specific Location Standards. A. No retail stand shall be placed directly abutting a business which specializes in an item that the retail stand offers for sale, unless the applicant owns the establishment or has written consent from the proprietor of the establishment; e.g., a retail stand selling flowers may not be located directly adjacent to an established floral shop. If neighboring owners have submitted written disapprovals, the decision -maker shall give similar consideration based on distance from the site and impacts to such neighboring owners. B. When the abutting owner or tenant has submitted to the Planning Department written disapproval of the retail stand site, the decision -maker shall give due consideration to the impact that the retail stand would have on the abutting property owner's business and duty to maintain the sidewalk area. C. Each retail stand shall be placed so it does not obstruct or impede pedestrian or vehicular traffic. D. No retail stand shall be located within ten feet of the intersection of the adjacent sidewalk with any other sidewalk. E. Each retail stand shall be limited to one assigned location. In the event that two or more applications for the same location are received, the general locational standards of this Chapter shall be used to determine which application, if approved, shall be assigned the location. F. One or two permits may be issued for a location, and no permit shall be issued for a location within fifty feet of a location for which two permits are already approved. G. No retail stand shall be placed within two hundred feet of any public or private school, park, or playground, except when the entity having jurisdiction and control of such facility states in writing that it has no objection to the placement of such retail stand within two hundred feet. H. Any retail stand located in a parking lot shall comply with the following minimum standards: 1. The retail stand shall not block entrances and exits to the parking lot or fire exit doors of any buildings. 2. The retail stand shall only occur in parking lots containing more than 20 spaces. 3. No retail stand shall occur in parking spaces directly in front of entrances or windows of a building. 4. The retail stand shall comply with all other applicable City ordinances and State statutes. I. No retail stand shall be located within eight feet of an abutting property or within ten feet from any building entrances. 17.8726.070 Application Procedure. Applications for new Retail Stand Conditional Use Permits shall be considered starting in February of each year. The application for a Retail Stand Conditional Use Permit shall be submitted on a form obtained from the Planning Department and accompanied by the following documents: A. Certification that adjacent property owners and /or businesses, including those one entrance to the left and one entrance to the right, both at street level, have been notified by the applicant of the application request and that the applicant has paid all 57 applicable dues, assessments, and taxes. B. Detailed scale drawings of the retail stand to be used including materials, specifications, and drawings showing all four sides of the stand, including any logos, printing, or signs which will be incorporated. An example of the type of drawings required may be obtained from the Planning Department. Color schemes must be indicated on the drawings. For existing retail stands, five by seven color photographs may be substituted for drawings. C. An accurate drawing (plot plan to scale) of the retail stand and its location. The drawing must show the public or private place to be used, including design and size of the retail stand and support equipment accessories as placed adjacent to the retail stand during operation. D. If the area to be occupied is City - owned, such as a sidewalk, plaza, public access site, or parking lot, the permittee must obtain and retain a minimum of $500,000 public liability and property damage insurance coverage, naming the City as co- insured, and must sign an agreement to indemnify and hold the City harmless. E. The scheduled hours of operation for the season that includes times of day, days of the week, months of the year, and scheduled closings. 17.8726.080 Routing and Staff Recommendations. Upon receipt of an application satisfying the requirements of this Chapter, the Planning Department shall route it to all appropriate departments and provide written notification of application to the applicant, abutting business and abutting property owner. Each City Department shall submit to the Planning Department recommendations and comments regarding the application. After consultation and coordination with all other applicable City Departments, 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. 17.8726.085 Public Hearing. Prior to making a decision on a Retail Stand Conditional Use Permit, the Planning Director shall hold a public hearing on the application with public notice being given as provided in § 17.96.140. 17.8726.090 Planning Director's Decision. The Planning Director's approval, denial, or approval with modifications or conditions shall be in written form; with findings based upon compliance with all sections of this Chapter; and shall be provided to the applicant, the adjacent business, and the adjacent property owner. 17.8726.100 Permit Limitations. A. A Retail Stand Conditional Use Permit may not be transferred to another person or to a location other than that stated on the permit. B. Each permit shall be for a period not to exceed eight months unless otherwise stated by the City and may be renewed by extension of an approved CUP. Preference may be given to a renewal extension request before a new application for that retail stand location shall be considered. 17.8-726.110 Permit Revocation. The Planning Director may immediately revoke or suspend the permit, or deny either the issuance or renewal thereof, if he finds that: A. The applicant or permittee has violated or failed to meet any of the provisions of this Chapter or conditions of the permit; B. The cart or operation is detrimental the surrounding businesses or to the public due to either appearance or condition of the cart; C. Any required licenses have been suspended, revoked, or canceled; D. The applicant or permittee does not have a currently effective insurance policy in the minimum amount provided in this Chapter; or E. The scheduled hours of operation are not followed. Upon denial, suspension or revocation, the Planning Director shall notify the applicant or permittee in writing of the action he has taken and the reasons therefor. After 58 giving such notice by certified mail, if the retail stand has not been removed within 15 days, the Planning Director, or his designee, may cause a removal of any retail stand found in violation of this Chapter; and is authorized to store such cart or stand until the owner thereof shall redeem it by paying the removal and storage charges. • • . . - .. - • 17.$726.130 Appeals. EA. The retail stand shall be removed and shall not be operated during the appeal process. B. Appeals shall be submitted in accordance with Section 17.96.070. 17.8726.140 Effective Date and Holdover Provisions. These rules and provisions shall take effect January 1, 1988. Vending units with valid permits as of that date may be granted renewals of those permits without regard to size and mobility of the units if the permittee, the location, and the cart or unit are the same as were permitted May 25, 1987. Chapter 17.30 IP - INDUSTRIAL PARK Sections: 17.30.010 Purpose. 17.30.020 Permitted Uses. 17.30.030 Accessory Uses. 17.30.040 Conditional Uses. 17.30.050 Area and Dimensional Requirements. 17.30.060 Off - Street Parking. 17.30.070 Signs. 17.30.080 Design and Landscaping. 17.30.010 Purpose. This is an industrial zone intended to create and preserve areas for office. commercial. and industrial uses in a planned, park -like setting. Permitted uses are devoid of exterior nuisance factors. such as noise, glare. air and water pollution, and fire and safety hazards on adjacent non - industrial property. and do not have an exceptional demand on public facilities. These types of office, commercial, and industrial uses typically involve the need for a large campus -like site with amenities suitable for mixed use developments and buffering measures to reduce the impact of large scale development on adjacent uses. 17.30.020 Permitted Uses. A. Manufacturing buildings for: 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. 59 appliances. 6. Assembly of metal products. such as small arms. pens. office furniture. tools. and household appliances. 7. Microbreweries 8. Assembly of mobile and modular homes and home components. 9. Research and development laboratory buildings. 10. Wood products. such as cabinets. furniture. fixtures. and pre- fabricated building components. B. Retail: 1. Auto service stations. 2. Retail establishments accessory to building materials. electrical. and plumbing supplies. 3. Restaurants and cafes. 4. Cocktail lounges and taverns. C. Wholesale Distribution: 1. Warehouse buildings. 2. Wholesale stores. D. Services: 1. Art galleries and museums. 2. Building maintenance and janitorial services buildings. 3. Business colleges and trade schools. 4. Business and professional offices. 5. Business services offices, such as accounting, tax services. employment. and management consulting. and printing services. 6. Financial services offices. such as bail bond stores. banks. financial institutions. insurance companies. real estate services. stock brokerages, and title companies. 5. Medical. dental, optical. and orthopedic instruments and 7. Governmental and social service agency offices. 8. Self- service laundry buildings and tailor shops. 9. Libraries. 10. Medical /dental offices and clinics and laboratories. 11. Personal services facilities. such as barber shops. beauty shops, exercise and reducing studios. and travel agencies. 12. Public parks and recreation facilities. E. Institutional: 1. Clubs and Lodges. F. Transportation and Communication: 1. Airports. airport terminals. and related facilities. 2. Mass transit terminals. 3. Off - street parking structures and lots. 4. Parcel delivery service buildings. 5. Printing. publishing. and book- binding buildings. 6. Vehicular services facilities. such as automotive and truck rentals. 7. Utility buildings and structures. 17.30.030 Accessory Uses. Those uses incidental and accessory to the primary uses as defined in & 17.08.010(A) are permitted. 17.30.040 Conditional Uses. A. Distribution buildings for food products. such as meat. fruit. vegetables. seafood. beverages. vegetable oils. and dairy products. B. Fire stations. C. Freight company terminals. D. Furnishing repair shops. such as upholstering reupholstering shops. 60 E. Household moving and storage buildings. F. Machinery maintenance and repair shops. a Manufacturing buildings for specialized small mechanical parts. tools. die - casting. bearings. patterns. and other similar products. welding shops. and machine shops. H. I. J. K. for interior sleeping impact the detention L. M. and stereo repair se N. where: Off - street parking structures and lots. Pharmaceutical and drug products buildings. Plastic and other synthetic products buildings. Public juvenile detention facilities. where: 1. The average daily noise levels (ldn) do not exceed 45 decibels quarters. or such other standard as is generally accepted: and 2. The existing and potential industrial uses will not adversely center. Radio towers exceeding thirty -five (35) feet. Repair services shops. such as appliance repair. shoe repair. and TV rvices. Social service agency buildings providing 24 -hour residential care. 1. The average daily noise levels (ldn) do not exceed 60 decibels for exterior portions of the site and 45 decibels for interiors of living quarters; 2. There are no existing industrial uses in the vicinity which would adversely impact the residential use: and 3. In the event a change in circumstances is found by the Planning Commission which would result in potential adverse impacts on an approved residential use. or if any land use conflicts arise, the Conditional Use shall become void and the residential use shall cease. O. Storage buildings and maintenance shops for builders. contractors. and governmental agencies. P. R. of this Chapter. Vehicle maintenance and repair shops. gasoline service islands. Veterinary clinics. offices. and kennels. Other office. commercial, and industrial uses compatible with the intent 17.30.050 Area and Dimensional Requirements. A. Minimum Lot Area: 7.000 square feet. B. Minimum Lot Width: None. C. Setbacks: Front - 25 feet. except 35 feet abutting a residentially or commercially zoned property. Rear - 25 feet. except 35 feet abutting a residentially or commercially zoned property. Side - 15 feet. except 25 feet abutting a residentially or commercially zoned property. D. Maximum Lot Coverage: None. E. Maximum Height: 35 feet. 17.30.060 Off - Street Parking. (See Chapter 14.40 PAMC). 17.30.070 Signs. A. One business sign for each wall not to exceed one square foot for each horizontal lineal foot of building wall or 300 square feet, whichever is less. shall be permitted. B. One detached business sign. not exceeding 15 feet in height and 35 square feet in area. shall be permitted. C. Public and private directional. traffic, and warning attached and 61 detached signs shall not exceed 4 square feet in area. D. Signs may be lighted. but not intermittent or flashing. E. Sign area shall be calculated by circumscribing the exterior limits on the mass of each display erected on one sign structure with a circle. triangle, or quadrangle connecting all extreme points. Where a sign is composed of two or more individual letters mounted directly on a wall. the total display surface, including its background. shall be considered one sign for purposes of calculating sign area. The structure supporting a sign is not included in determining the area of the sign unless the structure is designed in a way to form an integral part of the display. 17.30.080 Design and Landscaping. A. A minimum five -foot landscaping area shall be provided abutting public rights -of -way, except for approved curb cuts. B. All lighting on the site shall be directed or shaded so that it does not shine directly on adjoining non - industrially zoned property or on public rights -of -way. C. A ten -foot wide buffer zone must be maintained adjacent to all residentially or commercially zoned property. which buffer zone shall not be used for storage. driveways. auto parking, or structures. except security fences. A visual screen. consisting of solid fencing. landscaping, or other materials. shall be provided in the buffer zone. Such a screen shall be to a height of 6 feet. If landscaping is used. it shall include evergreen shrubs planted to form a hedge of 6 feet mature height within three years of the planting date: except that approved vehicle driveway openings shall not be obstructed. D. One tree shall be provided for each 10 spaces. exclusive of any rimeter landsca s in . Trees shall have a minimum calf . r of two inches and shall have a height of at least 20 feet at maturity. Sections: Chapter 17.32 LHL - - Industrial INDUSTRIAL. LIGHT District 17.32.010 Purpose. 17.32.020 Permitted Uses. 17.32.030 Accessory Uses. 17.32.040 Conditional Uses. 17.32.050 Area and Dimensional Requirements. 17.32.060 Off - Street Parking. 17.32.070 Signs. 17.32.080 Design and Landscaping. 17.32.010 Purpose. :. -.. _ . ! ' - This is an industrial zone intended to create and preserve areas for industrial uses wed -k- in close proximity to airports and highways. Permitted uses are largely devoid of exterior nuisance factors, such as noise, glare, air and water pollution, and fire and safety hazards on adjacent non - industrial property, and do not have an exceptional demand on public facilities. These types of industrial uses typically involve the manufacture of finished products from pre - fabricated materials, product wholesaling, and material storage. Buffering measures to reduce the impact of industrial uses on nearby residential uses may be required. 17.32.020 Permitted Uses. A. Manufacturing buildings for: 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 62 appliances. 6. Assembly of metal products, such as small arms, pens, office furniture, tools, and household appliances. 447. Microbreweries_ 458. Assembly of mobile and modular homes and home components. 99. Wood products, such as cabinets, furniture, fixtures, and pre- fabricated building components. B. Retail: 1. Auto and truck service stations. gasoline service islands. 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 stores. C. Wholesale Distribution: 1. Warehouse buildings and yards. 2. Wholesale busses stores. D. Services: 1. Building maintenance and janitorial services buildings. 2. Laundry and dry cleaners buildings. 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 terminals. 3. Household moving and storage buildings. 54. Mass transit terminals. 45. lnclepenflent eOff- street business parking structures and lots. 6. Parcel delivery service buildings. 7. Printing, publishing, and book- binding buildings. 8. Vehicular services facilities, such as automotive and truck rentals, vehicle maintenance and repair shops, awe auto and truck body and paint shops. and auto and truck engine repair shops. 9. Utility buildings and structures. 17.32.030 Accessory Uses. Those uses incidental and accessory to the primary uses as defined in §17.08.010(A) are permitted. 17.32.040 Conditional Uses. A. Manufacturing buildings for: 1. Processing of food products, such as meat, fruit, vegetables, seafood, beverages, vegetable oils, and dairy products. 2. Pharmaceutical and drug products. 3. Plastic and other synthetic products. F7 4. Specialized small mechanical parts, tools, die - casting, bearings, patterns, and other similar products, welding shops, and machine shops. Licensed wrecking yard. 63 husbandry. B. Other: 147 1. Agricultural uses, defined as commercial farming and animal IC= 2. Fire stations. 3. Off - premises outdoor advertising signs. 4. Public juvenile detention facilities, where: 4- a. The average daily noise levels (ldn) do not exceed 45 decibels for interior sleeping quarters, or such other standard as is generally accepted; and 2 b. The existing and potential industrial uses will not adversely impact the detention center. 1✓ 5. Radio towers exceeding thirty -five (35) feet. 6. Social service agencies providing 24 -hour residential care, where sc Pcrmit for a period of one (1) year. Such a. Tthe average daily noise levels (ldn) do not exceed 60 decibels for exterior portions of the site and 45 decibels for interiors of living quarters; 27 b. Tthere are no existing industrial uses in the vicinity which would adversely impact the residential use; and 37 c. Iin the event a change in circumstances is found by the Planning Commission which would result in potential adverse impacts on an approved residential use; or if any land use conflicts arise, the Conditional Use Permit shall become void, and the residential use shall cease. 7. Veterinary clinics, offices, and kennels. GT 8. Other iffElostfial uses compatible with the purpose of this Distriet Chapter. 17.32.050 Area and Dimensional Requirements. A. Minimum Lot Area: 7,000 square feet. B. Minimum Lot Width: None. C. Setbacks: Front - 25 feet, except 35 feet abutting a residentially or commercially zoned property. Rear 25 feet, except 35 feet abutting a residentially or commercially zoned property. Side - 15 feet, except 25 feet abutting a residentially or commercially zoned property. D. Maximum Lot Coverage: None. E. Maximum Height: 35 feet. 17.32.060 Off - Street Parking. (See Chapter 14.40 PAMC). 17.32.070 Signs. A. One business sign for each wall not to exceed one square foot for each horizontal lineal foot of building wall or 300 square feet, whichever is less, shall be permitted. B. One detached business sign, not exceeding 15 feet in height and 35 square feet in area, shall be permitted. C. Public and private directional, traffic, and warning attached and detached signs shall not exceed 4 square feet in area. D. Signs may be lighted, but not intermittent or flashing. E. Sign area shall be calculated by circumscribing the exterior limits on the mass of each display erected on one sign structure with a circle, triangle, or quadrangle connecting all extreme points. Where a sign is composed of two or more individual letters mounted directly on a wall, the total display surface, including its background, shall be considered one sign for purposes of calculating sign area. The structure supporting a sign 64 is not included in determining the area of the sign unless the structure is designed in a way to form an integral part of the display. 17.32.080 Design and Landscaping. A. A minimum five -foot landscaping area shall be provided abutting public rights -of -way, except for approved curb cuts. B. All lighting on the site shall be directed or shaded so that it does not shine directly on adjoining non - industrially zoned property or on public rights -of -way. C. A ten -foot wide buffer zone must be maintained adjacent to all residentially or commercially zoned property, which buffer zone shall not be used for storage, driveways, auto parking, or structures, except security fences. A visual screen, consisting of solid fencing, landscaping, or other materials, shall be provided in the buffer zone. Such a screen shall be to a height of 6 feet. If landscaping is used, it shall include evergreen shrubs planted to form a hedge of 6 feet mature height within three years of the planting date; except that approved vehicle driveway openings shall not be obstructed. D. One tree shall be provided for each 10 spaces, exclusive of any perimeter landscaping. Trees shall have a minimum caliper of two inches and shall have a height of at least 20 feet at maturity. Sections: Chapter 17.34 13TH - HEAVY INDUSTRIAL. HEAVY DI&TRIC--T 17.34.010 Purpose. 17.34.020 Permitted Uses. 17.34.025 Prohibition, 17.34.040 Conditional Uses. 17.34.050 Area and Dimensional Requirements. 17.34.060 Off - Street Parking. 17.34.070 Signs Permitted 17.34.010 Purpose. M -2 Zone - This is Tthe least restrictive industrial area zone intended to be the area in which heavy industry could develop causing the least friction ivitit impact on other land uses. 17.34.020 Permitted Uses. Automobile body, fender, laundry, paint shops and wrecking yards. Bakeries, wholesale. Battery rebuild, tire repair & recapping. Boiler works. Book, newspaper & magazine printing & publishing. Bottling plants, creameries. Cabinet and carpenter shops. City pound. A. B. C. D. E. F. G. H. �I. Draying, freight & trucking yards; and terminals. ICJ. Dry cleaning: clothes, carpets, rugs, laundries. L. Fuel yards. N. Powcr, light or steam plant. RK. S-katiftg-fifik Night club, pool hall, dance hall, boxing arena, penny arcade, shooting gallery or similar amusement enterprise. AL. Railroad yard or roundhouse. PM. Sawmill. 65 QN. Ship building, storage, repair, boat havens, marinas. SQ. Storage yards; building materials, tractors, trucks, boats, equipment. TP. Transportation or freight terminal. 14Q. Truck, trailer, motorcycle, repairing, overhauling, rental, sales. YR. Utility buildings and structures. VS. Veterinary or pet shop hospital, kennel and hatchery. WT. Warehousing, distributing plants. XU. Wood products manufacture. AAV. Manufactureing, processing, packing, storage of: 1. alcohol 42. brick, tile or terra -cotta 2. asbestos 3. asphalt 53. brooms, brushes 84. celluloid or similar cellulose materials 95. cloth, cord or rope 406. concrete 6. chemicals 7. ceramics 11. drugs, pharmaceuticals 4-27. electrical products and appliances 4-38. food and food products 4-49. kelp reduction 4-310. lumber 4-611. machinery 17. pc waom • • 4-912. paper and pulp 20. plastics 24-13. prefabricated buildings 2214. signs, all types 2315. salt works 2616. vegetable oil or other food oil Z. Restaurants, cafeterias. 17.34.025 Prohibitions. A. An oil port is expressly prohibited in this District. An oil port is • • District. products. • . C. Residential uses arc prohibited in this District. 17.34.040 Conditional Uses. A. Distillation of wood. coal or bones or manufacture of any of their by- 4-B. Fire Stations. C. Fuel yards. 66 D. Gas (illuminating or heating) manufacture or storage. E. Manufacturing. processing. packing, storage of: 1. asphalt 2. chemicals 3 ceramics 4. drugs. pharmaceuticals 5. perfumes 6. paint. lampblack. varnish. oil, turpentine 7. plastics 8. soap St and soap products, toiletries 9. tar roofing or waterproofing. 3F. Sale of marine supplies. G. Off - premises outdoor advertising signs. FL Power, light or steam plant. 21. Retail uses incidental to a use permitted under Section 17.34.020 when located on the same zoning lot as the permitted use. J. Restaurants. cafeterias. 4K. Other uses compatible with the intent of this Chapter. 17.34.050 Area and Dimensional Requirements. A. Minimum lot size is 7,000 sq. ft. B. 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. Buffers between this zone and residential and commercial zones shall be provided consistent with the Comprehensive Plan. 17.34.060 Off - Street Parking. (See 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. CHAPTER 17.9235 WRECKING YARDS, JUNK YARDS CONDITIONAL USE PERMIT Sections: 17.35.010 Purpose. 17.9235.9+0015 Location. 17.9235.020 Permit Required. 17.9235.030 Screening. 17.9235.040 Area Requirements. 17.9235.050 Off- Sstreet Parking Rtgtuneffiefits. 17.35.0010 Purpose. The purpose of this Chapter is to ensure that licensed wrecking yards are appropriately located. are compatible with uses allowed within the City, and are conducive to the public health. safety. and welfare. 17.9235.04-0015 Location. Junk yards, salvage yards, or automobile storage Of and wrecking yards may be conditionally permitted only in an IL Industrial, Light or IH Industrial, Heavy Zone Distfiet. 17.9235.020 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. 67 17.9235.030 Screening. Unless otherwise specified by the Planning Commission, a solid, site - obscuring fence. which may include vegetation or landform. at least 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. 17.9235.040 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. 17.9235.050 Off- Sstreet Parking Rem. A minimum of ten (10) off- street parking spaces shall be required for each junk, salvage, or wrecking yard. Sections: CHAPTER 17.40 PBP - PUBLIC BUILDINGS - PARKS DISTRICT 17.40.010 Purpose. 17.40.040 Permitted Uses. 17.40.050 Conditional Uses. 17.40.060 Minimum Yard Requirements. 17.40.070 Lighting Facilities. 17.40.080 Signs. 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". District. 17.40.040 Permitted Uses. A. Bleachers, grandstands (subject to review by Planning Commission). B. Bridle trails. C. Cemeteries and C-crematoriums. D. City Hall. ED. Civic buildings & governmental offices. FE. Common open space. G. Courthouse. 1F. Fire stations. IG. Hospitals. 111. Landfills. sanitary. KI. Libraryies. LJ. Marinas, boat storage. maritime and harbor activities. MK. Municipal pool. NL. Museums. PM. Off-street parking afeaS structures and lots. AN. Parks, greenbelts. 90. Picnic areas and facilities. RP. Playfields. SQ. Playgrounds. TR. Recreation structures and facilities. S. Reservoirs, . ' • • - • . VT. Schools and school related facilities. WU. Single- family residences which meet the requirements of the RS -7 68 1 XV. Streets, paths sidewalks, trails, and roads as- required. W. Utility buildings and structures. 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, except when the right -of -way line is an alley, in which case the minimum setback shall be 20 feet. 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. Sections: Chapter 17.42 FL - FOREST LANDS 17.42.010 Purpose. 17.42.040 Permitted Uses. 17.42.050 Conditional Uses. 17.42.060 Setback and Buffer Requirements. 17.42.010 Purpose. FL Zone - This is a zoning designation for privately - owned property not intended for future conversion to urban development. Much of the land so designated may best be used for commercial timber production. 17.42.040 Permited Uses. A. Aquifer protection. B. Commercial timber production. C. Critical wildlife or fish habitat and other public resources. D. Parks and greenbelts. 17.42.050 Conditional Uses. Other uses compatible with the intent of this Chapter. 17.42.060 Setbacks and Buffers. No disturbance of soils and vegetation or other development shall be permitted. except where reforestation will take place in accordance with the State's Forest Practices Regulations and the City's Critical Areas Ordinances. CHAPTER 17.94 GENERAL PROVISIONS. CONDITIONS AND EXCEPTIONS Sections: 17.94.010 17.94.020 17.94.030 Foregoing Regulations Subject to This Chapter. Lot Area Not to be Reduced, Exceptions. Use of Lots or Parcels Containing More Than Minimum Required Lot Area. 69 17.94.040 Measurement of Front and Side Yards. 17.94.050 Irregular Shaped Lots. 17.94.060 Yard Requirements for Property Abutting Half - Streets or Streets Designated by an Official Control. 17.94.070 Exception to Yard Requirement. 17.94.080 Yard and Open Unobstructed Space Regulations. 17.94.090 Vision Clearance. 17.94.100 Driveways. 17.94.110 Accessory Buildings. 17.94.120 Permitted Intrusions into Required Yards. 17.94.130 Lot Coverage Exemptions. 17.94.140 Walls, Fences, Shrubs, Hedges. 17.94.150 Storage of Merchandise, Vehicles in Yards and Rights -of -way. 17.94.160 Official Signs. 17.94.170 Exception to Height Requirement. 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 epeft unobstructed 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 70 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 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 Unobstructed Space Regulations. Except as provided in this Chapter, every required yard and open unobstructed space shall be open and unobstructed from the ground to the sky. No yard or open unobstructed 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 unobstructed space on an adjoining lot or parcel whereon a building is to be erected. 17.94.090 Vision Clearance. In all Residential and O€iee Commercial Office Districts Zones 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. 17.94.120 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) 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. 71 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 Office Commercial Dist-ficts Zones 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 Diatfiets Zones, the storage of merchandise, appliances or vehicles in front or side yards shall be prohibited; provided, however, that car dealerships, boat sales, lumber yards, nurseries, and car rental services shall be exempt from this requirement. B. In no zones 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. 17.94.170 Exception to Height Requirement. The height restrictions in this Title shall not apply to church spires. monuments. chimneys, antennas. water towers, elevator towers. mechanical equipment. and other similar rooftop appurtenances usually required to be placed above the roof level and not intended for human occupancy or the provision of additional habitable space; provided that mechanical equipment rooms and screening are set back at least ten feet from the edge of the roof and do not exceed twenty feet in height. Sections: CHAPTER 17.95 SPECIAL PROVISIONS 17.95.010 Vacated Streets. 17.95.020 Nonconforming Uses. 17.95.030 Nonconforming Building or Structure. 17.95.040 Yards to be Enclosed Within a Solid Fence. 17.95.050 Moving of Buildings. 17.95.060 Temporary Buildings. . • . 17.95.080 Breezeway. 17.95.090 Exceptions to Area Requirements. 17.95.100 Uses. 17.95.110 Non -Zoned Annexation Areas. 17.95.120 Encrgy Facilities Prohibitcd. 17.95.130 Temporary Signs. 72 17.95.140 Billboards. 17.95.160 Parking Space Regulations. 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. 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. Repairs, Alteration. Remodeling and 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, remodeling, or reconstruction meet all zoning and building code requirements and provided further said alterations do not expand the area -of a building space or site area used by a non - conforming use. 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, and Extension. 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, alterations. and remodeling needed to maintain the building in a safe stfuettifel condition may be permitted. B. Restoration and 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. lied Restoration 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 distfiet zone in which the building or structure is located. C. 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 faired —er reconstructed, providing it conforms to all the building code and zoning regulations of the zones 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 distfiet zone in which the building or structure is located. The extent of damage to a nonconforming building or structure shall be 73 determined by the findings of three appraisers, one to be chosen by the City, one by the building owner, and the third by the first two appraisers. All costs incurred in obtaining the estimates are to be paid by the building owner. Final decisions in regard to the extent and cost of damage are to be made by the Building Official. ED. 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 yards, 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, and 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 Ifngpeeter Official, _ • ' " ' ' 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 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. - 74 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 and consistent with the Comprehensive Plan. 17.95.110 Non -Zoned Annexation Areas. If any area is not previeasly zoned is annexed to by the City prior to annexation, it shall automatically on annexation be classified and subject to the provisions, restrictions, and requirements of the zone most consistent with the City's Comprehensive Plan as determined by the City. 17.95.130 Temporary Signs. Activities located in commercial districts zones may install temporary signs to advertise a grand opening or social non - profit organizational event. The temporary sign(s) shall not exceed twenty -five (25) square feet in sign area and shall maintain the required minimum setbacks and height limitations of the underlying zones. Temporary sign(s) shall be removed no later than thirty (30) days from placement and social non - profit organizations shall remove 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 CA Ceommercial, Arterial, IL Iindustrial, Light, or : • - • , - IH Industrial, Heavy Zones. Billboards shall be prohibited in all other zones. Where permitted, a billboard shall not be constructed closer than 20 feet to any property line. 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 75 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. 17.95.170 Political Signs. Temporary political signs associated with an election are exempt from the City's sign regulations for a period beginning ninety (90) days before an election to fifteen (15) days after the election,provided said signs, when placed in residential zones, do not exceed thirty -two (32) inches in height and four (4) feet in width. No signs may be located within any public right -of -way or on any utility pole. Sections: CHAPTER 17.96 ADMINISTRATION AND ENFORCEMENT 17.96.010 Scope of Regulations. 17.96.020 Interpretation 17.96.030 Rules for Interpreting Zoning Boundaries. 17.96.040 Substandard Lots, Recorded Lots. 17.96.050 Conditional Use Permit. 17.96.060 Unclassified Use Permit. 17.96.060 Variances and Decisions of Building Inspector. 17.96.070 Hearing and Appeal of Conditional Use Applications. 17.96.080 Filing Fees. 17.96.090 Zoning Initiation by the Planning Commission. 17.96.100 Amendments. 17.96.110 Subdividing aning. 17.96.120 Enforcement. 17.96.130 Entry Upon Private Property. 17.96.140 Notice of Public Hearings. 17.96.150 Appeals. 17.96.160 Code Revisor. 17.96.170 Zoning Code Amendment. 17.96.180 Penalties. 17.96.010 Scope of Regulations. A. 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 zones'Ing-el.istriets in which such buildings, uses, or land shall be located. B. 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. A. 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. B. 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 provision of 76 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. B. Interpretation on zoning boundaries shall be made consistent with the City's Comprehensive Plan goals. policies. and objectives. 17.96.040 Substandard Lots. Recorded Lots. A. When a lot has less than the minimum required area, width or depth in any zone 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 zones. B. A legal building or structure may be permitted on said lot of record providing it meets all front, side, and rear yard requirements. 17.96.050 Conditional Use Permit A. The Planning Commission or Planning Director shall consider 841 applications for Conditional Use Permits of uses as specified in the applicable Chapter of the Zoning Regulations. and The Planning Commission or Planning Director may grant said permits which are consistent and compatible with the purpose of the zone in which the use is located. consistent with the Comprehensive Plan. and not contrary to the public use and interest. The Planning 77 Commission or Planning Director 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 or Planning Director may impose whatever restrictions or conditions it they 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. D. The federal Fair Housing Act requires that reasonable accommodations be made in rules policies, practices, or services. when such accommodations may be necessary to afford disabled people equal opportunity to use and enjoy a dwelling. The Planning Commission is therefore authorized to make accommodations in the consideration of Conditional Use permits for group homes for disabled persons as defined in the federal Fair Housing Act, when the Commission determines that such accommodations reasonably may be necessary in order to comply with such act. 17.96.060 Unclassified Use Permit. A. The Planning Commission shall consider applications for Unclassified Use Permits of uses possessing characteristics of such unusual, large - scale, unique or special form as to make impractical including them in any zone of classified uses. The Planning Commission may grant said permits which are consistent and compatible with the purpose of the zone in which the use is located, consistent with the Comprehensive Plan, and not contrary to the public use and interest. The Planning Commission may refuse to issue an Unclassified 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 condition it considers essential to protect the public health, safety, and welfare, and to prevent depreciation of neighboring property. C. Purpose of an Unclassified Use Permit: The purpose of an Unclassified 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. D. The following uses require an Unclassified Use Permit: 1. Correctional facilities. 2. Gun clubs. skeet shoots, target ranges, and firing ranges. 3. Hydroelectric dams. 4. Oil ports (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). 5. Petroleum refineries, liquefied natural gas and liquefied petroleum gas facilities. energy facilities, energy plants and their associated facilities and associated transmission facilities such as defined in Chapter 80.50RCW. 6. Processing and rendering of animal byproducts. 7. Quarrying and mining. 8. Refuse disposal sites. dumps, sanitary landfills, and incinerators. 9. Removal and processing of sand, gravel, rock. peat, black soil, and other natural deposits. 10. Transfer stations for refuse and garbage. 11. Other uses possessing characteristics of such unusual, large - scale, unique or special form as to make impractical including them in any zone of classified 78 uses. 17.96.070 Hearing and Appeal of Conditional or Unclassified Use Permit Applications. A. Notice and Hearing for Conditional or Unclassified Use Permits. Upon filing an application for a Conditional or Unclassified Use Permit in which the application sets forth fully the grounds for, and the facts deemed to justify, the granting of the Conditional or Unclassified 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 or Unclassified 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, 17.8617, and 17.8726. The Planning Commission's or Planning Director's decision shall be final unless appealed to the City Council. B. Decisions. Conditional or Unclassified 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 or Unclassified 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 permits(s) has not taken place in accordance with the provisions in granting said requests. F. Extensions of Approved Conditional Uses Permits. Extensions of those previously approved eConditional t llses Permits 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. 17.96.060080 Variances and Decisions of Planning Director. All requests for variances and appeals from decisions of the Planning Director shall be handled by the Board of Adjustment in accordance with its powers and rules. When a variance is denied, a new application for the same variance may not be submitted for a period of one year following the denial, unless there has been a revised proposal, significant change in circumstances or additional information in support of the variance. 79 17.96.080090 Filing Fees. A fee for the filing and processing of applications for all permits required by this Title shall be paid at the time an application is submitted. The amount of the fee shall be as established by ordinance and set forth in Chapter 3.70 PAMC. 17.96.090095 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 zZoning (Regulations; it being the intent to retain the integrity and validity of the zones 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 provision, however, shall not impair the right of the Council to propose by their own action any amendment or change in the boundaries of any of the dist iets zones in these regulations, on it3 o tion. 17.96.110 Subdividing afiti—Platting. The City Council shall review all proposed subdivisions and shall have the power to approve or deny said plats and to require any modifications necessary to assure consistency with the Comprehensive Plan, and to standards, specifications, and regulations established by State law, by City of Port Angeles Subdivision Regulations (Ch. 16.08 PAMC), and by this Title. 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. 80 17.96.130 Entry Upon Private Property. The Building Official, 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 this Title 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 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 this Title 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. A. 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 information 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 Title shall be guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not more than $500 or by imprisonment for a term not to exceed six months, or by both fine and imprisonment. Such person, firm, or corporation shall be deemed guilty of a separate offense for each and every day during any portion of which any violation of this Title is committed, continued, or permitted by such person, firm, or corporation, and shall be punishable as herein provided. Effective Date: This Ordinance shall take effect five days after the date of publication. 81 PASSED by the City Council of the City of Port Angeles at a regular meeting of said Council held on the 7th day of March , 1995. ATTEST: APPROVED AS TO FORM: Craig D. Kn tson, City Attorney PUBLISHED: March 12 , 1995 (By Summary) MAYOR V 82 DRAWING REQUEST FORM JOB COST NUMBER: Requested by: 7)■,-,„,„, . Date: „ 9 i ?,-.--- Dept./Division: - Due D te: ''//9,? (This MUST be flied on to proaed1) Description of drawing needed: (Attach sketch or sample and include location if appicable) '---,--,„ , L._,....)-- -3st-----t■ , -----) i"\------- "\----:' - - --'s-c,..-e4-t_z- v-\...---\--,,_ __.,..-c_j_A----- --Y1_sl-k-C--- (-- - (-2-- ' ) --------:`'s"----- Q-\_9---r --•.c),-_ ‘---'-'\1\---5t--It-c.:...)--..4. - -•-•c„.;.. \---- IL___, .,■ \ IL-A,__) \ '-, C.: c...., c'-'-) X -1 ,.., __E I-- •t./f< = C N /9,a •L: C. g %4 .2- = H CHECK DATA NEEDED ON MAP: Streets 7 Vegetation Alleys 7--- Property Lines Buildings 7 San.Sewer Water (Natural) Storm Water Topo _ system OTHER INSTRUCTIONS: SCALE REQUIRED? No Yes, I” = X Black and White Color SIZE REQUIREMENT: .;••" , 7-) X — 8 1/2"x11 7 — 24"x36" 8 1/2"x14" 32"x40 — — — 115dr 36x48* — - 7 185(24" Other GRAPHIC OR PRESENTATION DRAWING Map 7 Chart — Sign — Other :: iiii: , :::: ,,:, ,.,*,: ..N.:,:ei!le2cmlitotamtc,::::.:!..i::!:!:::7:777.7s.:.!::::;,::::::::::::::::::......,, j::::: ,s...) Wilicet.:::•,::::::::::::::1011,;. !.:!:::,':.. Revision #: Applicant: . , .s. ::: m ..,:::q. newis.::::::::$..o.:::iisx?.*....::::::;.4;:;:iN, Itl. •:;* —.....4. .' '.4. *ft ,. CIVIL DRAWINGS: Survey Pt. File # — Yes 7 No Plan and Profile: Yes No Plan only: __.*:aa$4,0; ...;:::. ' * RETURN TO JIM MAHLUM TO PROCESS * f' ... FOR SUPERVISOR USE ONLY: Drawing Assigned To: <A7\) ILI Date: Received: 3/2.. 7 g 5- Delivered: I/ '1 U--- Checked and Approved: / , Summary of Ordinance Adopted by the Port Angeles City Council on March 7. 1995 Ordinance No. 2861 This Ordinance of the City of Port Angeles amends the City's Zoning Code as set forth in Title 17 of the Port Angeles Municipal Code and Ordinance No. 1709, as amended, in order to comply with the City's newly adopted Comprehensive Plan and the State's Growth Management Act. The full text of the Ordinance is available at City Hall in the City Clerk's office or will be mailed upon request. Office hours are Monday through Friday from 8:00 a.m. to 5:00 p.m. This Ordinance shall take effect five days after the date of publication of this summary. Publish: March 12. 1995 Becky J. Upton City Clerk