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HomeMy WebLinkAbout3007ORDINANCE NO. 3007 AN ORDINANCE of the City of Port Angeles, Washington, making severalchanges to the City's land use ordinances by clarifying the zoning code's definition of a sign and which types of signs are considered exempt in areas other than the Central Business District, correcting references in the right -of -way use ordinance to what mobile sales carts are and where they may be located, adding a parking ordinance category and requirements for physical therapy uses, allowing the Planning Director to determine when sensitive areas tracts, maintenance bonds and/or performance bonds are required for wetland permits, clarifying when public hearings will be scheduled before the Planning Commission, correcting zoning code errors in wording regarding to what standards residential uses shall be developed in the Commercial Office, Commercial Neighborhood, Community Shopping District, Commercial Arterial District, and Central Business District zones, adding public parks and recreational facilities as conditional uses in the Industrial Light zone, adding publicly owned convention centers and associated activities as permitted uses in the Public Buildings and Parks zone, clarifying zoning code wording regarding extensions of, and adding provisions for minor amendments to, approved conditional use permits, and amending Ordinances 1588, 1631, 1709, 2350, and 2655, as amended, and amending Chapters 11.12, 14.40, 15.24, 16.08, 17.08, 17.26, 17.94, 17.20, 17.21, 17.22, 17.23, 17.24, 17.32, 17.40, and 17.96 of the Port Angeles Municipal Code. THE CITY COUNCIL OF THE CITY OF PORT ANGELES DOES HEREBY ORDAIN as follows: Section 1. Ordinance 2350, as amended, and Chapter 11.12 of the Port Angeles Municipal Code are hereby amended by amending PAMC 11.12.010 and .090 to read as follows: 11.12.010 Definitions. For the purpose of this Chapter, the following words have the meaning designated herein unless the context indicates otherwise: A. "City" means the City of Port Angeles. B. "City Council" or "Council" means the City Council of the City of Port Angeles. C. "Director of Public Works" means the Director of the Public Works Department of the City of Port Angeles or his authorized designee. D. "Exhibition" means a display of goods or articles for a period of not less than eleven (11) consecutive calendar days, open to the public, wherein not less than seven (7) persons under the sponsorship of the applicant exhibit goods or articles and where any such goods or articles are sold or offered for sale at retail or are displayed upon the public streets or rights -of- way of the City. Examples of exhibitions are: Agricultural show, industrial show, sports show, trade show, sidewalk sales, street fairs, public markets, carnivals, parades, demonstrations, running events, and civic - sponsored events. E. "Mobile sales carts" means a moveable wheeled cart no larger than-1-6 fifteen (15) square feet in size (plan view) F. "Permit" means a "Right -of -Way Use Permit" issued by the Department of Public Works. G. "Planting strip" means that portion of the right -of -way, if any, between a • 1 1 • 1 • • • . street and the adjacent sidewalk. H. "Right -of -way" means the entire width between the boundary lines of every piece of property designated as a public right -of -way, whether any portion of the right -of -way is used by the public for either pedestrian or vehicular travel. I. "Sidewalk" means that portion of the right -of -way, if any, which is designed for pedestrian use, adjacent and parallel to a street. "Sidewalk" includes the area which would otherwise be a planting strip, if the area is either covered with cement or is otherwise used for pedestrian travel. J. "Street" means that portion of the right -of -way, if any, which is used for vehicular travel, including alleys. K. "Unopened right -of -way" means a right -of -way which is not used for either pedestrian or vehicular travel. (Ord. 2350 §1, 7/23/85) 11.12.090 Obstruction of Sidewalks or Planting Strips - Permit Required. Notwithstanding the provisions of Section 11.12.060 of this Chapter, the following obstructions of sidewalks or planting strips may be permitted, if a permit therefor is obtained from the City under this Chapter: A. Benches; B. Litter receptacles; C. Clocks; D. Bicycle racks placed by private parties; E. Telephone booths; F. Private planters and other landscaping higher than thirty (30) inches above the established grade at the curb line or roadway shoulder; G. Any other obstruction sought to be placed upon a sidewalk by the City for a public purpose; H. Additions to the facades of buildings existing on the effective date of this Chapter, which buildings are built up to the right -of -way line of the public street; provided that such addition shall not exceed six inches in width; I. Sidewalk cafes, provided that such permit shall last for one calendar year and must be renewed each year; J. Any other sidewalk or planting strip obstruction which is determined to provide a public benefit, although the obstruction constitutes a private use of the public street; K. Fences, retaining walls, terracing, and other similar structures; L. Mobile sales carts, provided that: 1. Such permit shall last for only one calendar year and must be renewed each year; 2. The cart may only sell food and shall do so from a stationary position which shall be established and specified in the permit and shall be removed at night; 3. The applicant shall maintain the area in the vicinity of his cart free of litter and /or debris and provide one litter receptacle; 4. The applicant shall adhere to such other conditions that may be placed upon the application; 5. There shall not be another such cart within a (50) foot radius permitted at the same time. (Ord. 2350 §1, 7/23/85) -2- Section 2. Ordinance 1588, as amended, and Chapter 14.40 of the Port Angeles Municipal Code are hereby amended by amending PAMC 14.40.030 to read as follows: 14.40.030 Parking Space Requirements - Commercial. A. Automobile service stations and repair shops shall provide a minimum of three parking spaces plus one parking space per each mechanical service bay. B. Banks, business and professional and governmental offices shall provide one parking space for each four hundred square feet of floor area of the building. C. Barber and beauty shops, tanning salons, and similar personal care establishments shall provide two parking spaces per station ortarn ing -bed. D. Bowling alleys shall provide six parking spaces for each alley. E. Child care services or day care centers, as defined in Chapter 388 -73 WAC, as now enacted or hereafter amended, shall provide two parking spaces plus one unloading space for those services or centers serving twelve or fewer children, and one parking space per employee plus two parking spaces for unloading, for those services or day care centers serving more than twelve children. F. Churches, mortuaries and funeral homes, shall provide one parking space for each six seats in the chapel. G. Dancehalls shall provide one parking space for each fifty square feet of floor area of the building. H. Food stores, markets and shopping centers shall provide one parking space for each three hundred square feet of floor area of the building, with a minimum of ten parking spaces. I. Furniture and appliance stores shall provide one parking space per six hundred square feet of floor area of the building. J. Hotels and motels shall provide one parking space for each sleeping unit. 1€N Research, biochemical, X -ray and dental laboratories shall provide one parking space for each two hundred square feet of floor area. K Medical, optometrical and dental clinics and/or offices shall provide six parking spaces for each doctor. M.L Other retail establishments, such as hardware stores, household equipment, service shops, clothing or shoe repair shops, shall provide one parking space for each three hundred square feet of floor area of the building, with a minimum of six spaces. M. Physical therapy and other similar personal service uses shall provide two parking spaces for each operator. F.O Restaurants, taverns, and any establishment for the sale and consumption on the premises of food, alcoholic beverages or refreshments, shall provide one parking space for each one hundred twenty -five square feet of floor area of the building, with a minimum of ten spaces. 9.P Skating rinks and other commercial recreation places shall provide one parking space for each two hundred square feet of floor area of the building. P.Q Telephone exchanges shall provide one parking space for each employee, with a minimum of six spaces. Q.R Theaters shall provide one parking space for each three theater seats. - 3 - R.S Trucking and transportation terminals shall provide a minimum of ten parking spaces. SS.T Wholesale stores, warehouses, storage buildings and motor vehicles or machinery sales stores shall provide one parking space for each two employees, with a minimum of ten spaces. (Ord. 2787 §4, 12/28/93; Ord. 2228 §3, 8/31/82; Ord. 1588 §3, 6/15/66.) Section 3. Ordinance 2355, as amended, and Chapter 15.24 of the Port Angeles Municipal Code are hereby amended by amending PAMC 15.24.070 to read as follows: 15.24.070 - Standards for Permit Decisions. A. A permit shall only be granted if the permit, as conditioned, is consistent with the provisions of this Chapter. Additionally, permits shall only be granted if: 1. A proposed action avoids adverse impacts to regulated wetlands or their buffers or takes affirmative and appropriate measures to minimize and compensate for unavoidable impacts; 2. The proposed activity results in no net loss; or 3. Denial of a permit would cause an extraordinary hardship on the applicant. B. Wetlands permits shall not be effective and no activity thereunder shall be allowed during the time provided to file a permit appeal. C. Wetland Buffers: 1. Standard Buffer Zone Widths: Wetland buffer zones shall be required for all regulated activities adjacent to regulated wetlands. Any wetland created, restored, or enhanced as compensation for approved wetland alterations shall also include the standard buffer required for the category of the created, restored, or enhanced wetland. All buffers shall be measured from the wetland boundary as surveyed in the field, pursuant to the applicable definitions in 15.24.020. The width of the wetland buffer zone shall be determined according to wetland category and the intensity of the proposed land use, as follows: a. Category I High intensity 300 feet Low intensity 200 feet b. Category II High intensity 200 feet Low intensity 100 feet c. Category III High intensity 100 feet Low intensity 50 feet d. Category IV High intensity 50 feet Low intensity 25 feet 2. Increased Wetland Buffers Zone Width: The Planning Director shall require increased standard buffer zone widths on a case -by -case basis when a larger buffer is necessary to protect wetlands functions and values, based on local conditions. This determination shall be supported by appropriate documentation showing that it is reasonably related to protection of the functions and values of the regulated wetland. Such determination shall be -4- attached as a permit condition and shall demonstrate that: a. a larger buffer is necessary to maintain viable populations b. the wetland is used by species proposed or listed by the Federal Government or the State as endangered, threatened, rare, monitor, or sensitive, critical or outstanding potential habitat for those species, or has unusual nesting or resting sites, such as heron rookeries or raptor nesting trees; or c. the adjacent land is susceptible to severe erosion, and erosion control measures will not effectively prevent adverse wetland impacts; or d. the adjacent land has minimal vegetative cover or slopes of existing species; or greater than 15 percent. 3. Reduction of Standard Wetland Buffer Zone Width: The Planning Director may reduce the standard wetland buffer zone widths on a case -by -case basis where it can be demonstrated that: a. the adjacent land is extensively vegetated and has less than 15 percent slopes and that no direct or indirect, short-term or long -term, adverse impacts to regulated wetlands, as determined by the Planning Director, will result from a regulated activity. The Planning Director may require long -term monitoring of the project and subsequent corrective actions if adverse impacts to regulated wetlands are discovered; or b. the project includes a buffer enhancement plan using native vegetation which substantiates that an enhanced buffer will improve the functional attributes of the buffer to provide additional protection for wetlands functions and values. An enhanced buffer shall not result in greater than a 25 percent reduction in the buffer width, and the reduced buffer shall not be less than 25 feet. 4. Standard Wetland Buffer Width Averaging: Standard wetland buffer zones may be modified by averaging buffer widths. Wetland buffer width averaging shall be allowed only where the applicant demonstrates all of the following: a. that averaging is necessary to avoid an extraordinary hardship to the applicant caused by circumstances peculiar to the property; b. that the wetland contains variations in sensitivity due to existing physical characteristics; c. that low intensity land uses would be located adjacent to areas where buffer width is reduced, and that such low intensity land uses are guaranteed in perpetuity by covenant, deed restriction, easement, or other legally binding mechanism; d. that width averaging will not adversely impact the wetland functional values; and e. that the total area contained within the wetland buffer after averaging is no less than that contained within the standard buffer prior to averaging. In no instance shall the buffer width be reduced by more than 50 percent of the standard buffer or be less than 25 feet. 5. Except as otherwise specified, wetland buffer zones shall be retained in their natural condition. Where buffer disturbance has occurred during construction, revegetation with native vegetation may be required. 6. Permitted Uses in a Wetland Buffer Zone: Regulated activities shall not be allowed in a buffer zone except for the following: -5- a. activities having minimal adverse impacts on buffers and no adverse impacts on regulated wetlands. These may include low intensity, passive recreational activities such as pervious trails, nonpermanent wildlife watching blinds, short-term scientific or educational activities, and sports fishing or hunting; b. with respect to Category II and IV wetlands, stormwater management facilities having no reasonable alternative on -site location; or c. with respect to Category III and IV wetlands, development having no feasible alternative location. 7. Building Setback Lines: A building setback line of 15 feet is required from the edge of any wetland buffer. Minor structural intrusions into the area of the building setback may be allowed if the Planning Director determines that such intrusions will not negatively impact the wetland. The setback shall be identified on a site plan which is filed as an attachment to the notice on title required by Subsection 15.24.06006. D. Avoiding Wetland Impacts: 1. Regulated activities shall not be authorized in a regulated wetland except where it can be demonstrated that the impact is both unavoidable and necessary or that all reasonable economic uses are denied. 2. With respect to Category I wetlands, an applicant must demonstrate that denial of the permit would impose an extraordinary hardship on the part of the applicant brought about by circumstances peculiar to the subject property. 3. With respect to Category II and III wetlands, the following provisions shall apply: a. For water - dependent activities, unavoidable and necessary impacts can be demonstrated where there are no practicable alternatives which would not involve a wetland or which would not have less adverse impact on a wetland, and would not have other significant adverse environmental consequences. b. Where nonwater- dependent activities are proposed, it shall be presumed that adverse impacts are avoidable. This presumption may be rebutted upon a demonstration that: i. the basic project purpose cannot reasonably be accomplished utilizing one or more other sites in the general region that would avoid, or result in less, adverse impact on a regulated wetland; and ii. a reduction in the size, scope, configuration, or density of the project as proposed and all alternative designs of the project as proposed that would avoid, or result in less, adverse impact on a regulated wetland or its buffer will not accomplish the basic purpose of the project; and iii. in cases where the applicant has rejected alternatives to the project as proposed due to constraints such as zoning, deficiencies of infrastructure, or parcel size, the applicant has made reasonable attempts to remove or accommodate such constraints. 4. With respect to Category IV wetlands, unavoidable and necessary impacts can be demonstrated where the proposed activity is the only reasonable alternative which will accomplish the applicant's objectives. E. Reasonable Use Exception: 1. If an applicant for a development proposal demonstrates to the -6- satisfaction of the Planning Director that application of these standards would deny all reasonable economic use of the property, development as conditioned may be allowed if the applicant also demonstrates all of the following to the satisfaction of the Planning Director: a. that the proposed project is water - dependent or requires access to the wetland as a central element of its basic function, or is not water - dependent but has no practicable alternative, pursuant to Subsection 15.24.070D; b. that no reasonable use with less impact on the wetland and its buffer is possible (e.g., agriculture, aquaculture, transfer or sale of development rights or credits, sale of open space easements, etc.); c. that there is no feasible on -site alternative to the proposed activities, including reduction in density, phasing of project implementation, change in timing of activities, revision of road and lot layout, and/or related site planning considerations, that would allow a reasonable economic use with less adverse impacts to wetlands and wetland buffers; d. that the proposed activities will result in minimum feasible alteration or impairment to the wetland's functional characteristics and its existing contours, vegetation, fish and wildlife resources, and hydrological conditions; e. that disturbance of wetlands has been minimized by locating any necessary alteration in wetland buffers to the extent possible; f. that the proposed activities will not jeopardize the continued existence of endangered, threatened, rare, sensitive, or monitor species as listed by the Federal government or the State of Washington; g. that the proposed activities will not cause significant degradation of groundwater or surface water quality; h. that the proposed activities comply with all State, local, and Federal laws, including those related to sediment control, pollution control, floodplain restrictions, and on -site wastewater disposal; i. that any and all alterations to wetlands and wetland buffers will be mitigated as provided in Subsection 15.24.070H7; j. that there will be no damage to nearby public or private property and no threat to the health or safety of people on or off the property; and k. that the inability to derive reasonable economic use of the property is not the result of actions by the applicant in segregating or dividing the property and creating the undevelopable condition after the effective date of this Chapter. 2. If the Planning Director determines that alteration of a wetland and/or wetland buffer is necessary and unavoidable, the Planning Director shall set forth in writing in the file he maintains regarding a permit application his findings with respect to each of the items listed in this Subsection. 3. Alternatively, if the Planning Director determines that application of these standards would deny all reasonable economic use of the property, the City may take the property for public use with just compensation being made. F. Minimizing Wetlands Impacts: 1. After it has been determined by the Planning Director pursuant to Subsection 15.24.070D that losses of wetland are necessary and unavoidable or that all reasonable economic use has been denied, the applicant shall take deliberate measures to minimize wetland impacts. 7 2. Minimizing impacts to wetlands shall include but is not limited to: a. limiting the degree or magnitude of the regulated activity; b. limiting the implementation of the regulated activity; c. using appropriate and best available technology; d. taking affirmative steps to avoid or reduce impacts; e. sensitive site design and siting of facilities and construction staging areas away from regulated wetlands and their buffers; f. involving resource agencies early in site planning; and g. providing protective measures, such as siltation curtains, hay bales, and other siltation prevention measures; scheduling the regulated activity to avoid interference with wildlife and fisheries rearing, resting, nesting, or spawning activities. G. Limited Density Transfer: For development proposals on lands containing wetland buffers, the Planning Director shall determine allowable dwelling units for residential development proposals based on the formulas below. The following formula for density calculations is designed to provide incentives for the preservation of wetlands and wetland buffers, flexibility in design, and consistent treatment of different types of development proposals. The formula shall apply to all properties within existing residential zones on which wetlands and wetland buffers are located. The maximum number of dwelling units (DU) for a lot or parcel which contains wetlands and wetland buffers shall be equal to: (Acres in Wetland Buffer)(DU /Acre)(Density Credit). The density credit figure is derived from the following table: Percentage of site in buffers Density Credit 1 -10% 100% 11 -20% 90% 21 -30% 80% 31 -40% 70% 41 -50% 60% 51 -60% 50% 61 -70% 40% 71 -80% 30% 81 -90% 20% 91 -99% 10% The density credit can only be transferred within the development proposal site. To the extent that application of the formula may result in lot sizes less than the minimum allowed by the underlying district, they are hereby authorized, provided that the resultant lot is of sufficient size for an on -site waste disposal system if no sanitary sewer system exists. Should the density credit allow average lot size to fall below the minimum standard allowed by underlying zoning, the applicant shall use Planned Residential Development procedures for project review. The Planning Director shall not allow credit for density for the portions of the site occupied by wetlands. H. Acting on the Application: 1. Special Use Permit Conditions: a. Sensitive Area Tracts: As a condition of any permit issued pursuant to this Chapter, the permit holder shall may be required to create a separate sensitive area -8- tract or tracts containing the areas determined to be wetland and/or wetland buffer in field investigations performed pursuant to Subsection 15.24.040C. Sensitive area tracts are legally created tracts containing wetlands and their buffers that shall remain undeveloped in perpetuity. Sensitive area tracts are an integral part of the lot in which they are created; are not intended for sale, lease or transfer; and shall be included in the area of the parent lot for purposes of subdivision method and minimum lot size. i. Protection of Sensitive Area Tracts: The Planning Director shall require, as a condition of any permit issued pursuant to this Chapter, that the sensitive area tract or tracts created pursuant to Subsection 15.24.070H1 be protected by one of the following methods: (A) The permit holder shall convey an irrevocable offer to dedicate to the City of Port Angeles or other public or non -profit entity specified by the Planning Director, an easement for the protection of native vegetation within a wetland and/or its buffer; or (B) The permit holder shall establish and record a permanent and irrevocable deed restriction on the property title of all lots containing a sensitive area tract or tracts created as a condition of this permit. Such deed restriction(s) shall prohibit in perpetuity the development, alteration, or disturbance of vegetation within the sensitive area tract except for purposes of habitat enhancement as part of an enhancement project which has received prior written approval from the City of Port Angeles, and any other agency with jurisdiction over such activity. b. The deed restriction shall also contain the following language: "Before beginning and during the course of any grading, building construction, or other development activity on a lot or development site subject to this deed restriction, the common boundary between the area subject to the deed restriction and the area of development activity must be fenced or otherwise marked to the satisfaction of the City of Port Angeles." c. Regardless of the legal method of protection chosen by the Planning Director, responsibility for maintaining sensitive area tracts shall be held by a homeowners association, adjacent lot owners, the permit applicant or designee, or other appropriate entity as approved by the Planning Director. d. The following note shall appear on the face of all plats, short plats, PRDs, or other approved site plans containing separate sensitive area tracts, and shall be recorded on the title of record for all affected lots: "NOTE: All lots adjoining separate sensitive area tracts identified as Native Vegetation Protection Easements or protected by deed restriction, are responsible for maintenance and protection of the tracts. Maintenance includes ensuring that no alterations occur within the separate tract and that all vegetation remains undisturbed for other than natural reasons, unless the express written authorization of the City of Port Angeles has been received." e. The common boundary between a separate sensitive area tract and the adjacent land must be permanently identified. This identification shall include permanent wood or metal signs on treated or metal posts. Signs shall be worded as follows: "Protection of this natural area is in your care. Alteration or disturbance is -9- prohibited by law. Please call the Port Angeles Planning Department for more information." f. Sign locations and size specifications shall be approved by the Planning Director. The Planning Director shall require permanent fencing of the sensitive area tract or tracts when there is a substantial likelihood of the presence of domestic grazing animals within the development proposal. The Planning Director shall also require as a permit condition that such fencing be provided if, subsequent to approval of the development proposal, domestic grazing animals are in fact introduced. g. Additional Conditions: i. The location of the outer extent of the wetland buffer and the areas to be disturbed pursuant to an approved permit shall be marked in the field, and such field marking shall be approved by the Planning Director prior to the commencement of permitted activities. Such field markings shall be maintained throughout the duration of the permit. ii. The Planning Director may attach such additional conditions to the granting of a special use permit as deemed necessary to assure the preservation and protection of affected wetlands and to assure compliance with the purposes and requirements of this Chapter. 2. Bonding: a. Performance Bonds: The Planning Director shall may require the applicant of a development proposal to post a cash performance bond or other security acceptable to the Planning Director in an amount and with surety and conditions sufficient to fulfill the requirements of Subsection 15.24.070H6 and, in addition, to secure compliance with other conditions and limitations set forth in the permit. The amount and the conditions of the bond shall be consistent with the purposes of this Chapter. In the event of a breach of any condition of any such bond, the City of Port Angeles may institute an action in a court of competent jurisdiction upon such bond and prosecute the same to judgment and execution. The Planning Director shall release the bond upon determining the following, provided that prior to such written release of the bond, the principal or surety cannot be terminated or canceled; i. All activities, including any required compensatory mitigation, have been completed in compliance with the terms and conditions of the permit and the requirements of this Chapter; ii. The posting by the applicant of a maintenance bond has occurred. b. Maintenance Bonds: The Planning Director shall require the holder of a development permit issued pursuant to this Chapter to post a cash performance bond or other security acceptable to the Planning Director in an amount and with surety and conditions sufficient to guarantee that structures, improvements, and mitigation required by the permit or by this Chapter perform satisfactorily for a minimum of two (2) years after they have been completed. The Planning Director shall release the maintenance bond upon determining that performance standards established for evaluating the effectiveness and success of the structures, improvements, and /or compensatory mitigation have been satisfactorily met for the required period. For compensation projects, the performance standards shall be those contained in the mitigation plan developed and approved during the permit review process, pursuant to Subsection 15.24.070H7. The maintenance bond applicable to a compensation project shall not be released until the Planning Director determines that performance standards established for evaluating the - 10- effect and success of the project have been met. 3. Other Laws and Regulations: No permit granted pursuant to this Chapter shall remove an applicant's obligation to comply in all respects with the applicable provisions of any other Federal, State, or local law or regulation, including but not limited to the acquisition of any other required permit or approval. 4. Suspension or Revocation: In addition to other penalties provided for elsewhere, the Planning Director may suspend or revoke a permit if he /she finds that the applicant or permittee has not complied with any or all of the conditions or limitations set forth in the permit; has exceeded the scope of work set forth in the permit; or has failed to undertake the project in the manner set forth in the approved application. 5. Publication of Notice: The Planning Director shall cause notice of his/her denial, issuance, conditional issuance, revocation, or suspension of a permit to be published in a daily newspaper having a broad circulation in the area wherein the wetland lies. Such notice shall be published within five (5) working days of the decision or order and shall include at least the following: a. A brief description of the project, including location; b. The decision or order of the City with respect to the project; c. Notification that the permit file is open for public inspection during regular business hours, and the address where such file may be inspected; and d. A statement of the procedures regarding appeal or judicial review of the decision, if applicable. 6. Compensating for Wetlands Impacts: As a condition of any permit allowing alteration of wetlands and/or wetland buffers, or as an enforcement action pursuant to Subsection 15.24.080C, the Planning Director shall require that the applicant engage in the restoration, creation, or enhancement of wetlands and their buffers in order to offset the impacts resulting from the applicant's or violator's actions. The applicant shall develop a plan which provides for land acquisition, construction, maintenance, and monitoring of replacement wetlands that recreate as nearly as possible the original wetlands in terms of acreage, function, geographic location and setting, and that are larger than the original wetlands. The overall goal of any compensatory project shall be no net loss of wetlands function and acreage and to strive for a new resource gain in wetlands over present conditions. Compensation shall be completed prior to wetland destruction, where possible. Compensatory mitigation shall follow an approved mitigation plan pursuant to Subsection 15.24.070H7 and shall meet the following minimum performance standards: a. Given the uncertainties in scientific knowledge and the need for expertise and monitoring, wetland compensatory projects may be permitted only when the Planning Director finds that the compensation project is associated with an activity or development otherwise permitted and that the restored, created, or enhanced wetland will be as persistent as the wetland it replaces. Additionally, applicants shall: i. demonstrate sufficient scientific expertise, supervisory capability, and financial resources to carry out the project; ii. demonstrate the capability for monitoring the site and to make corrections during this period if the project fails to meet projected goals; and iii. protect and management or provide for the protection and management of the compensation area to avoid further development or degradation and to provide for long -term persistence of the compensation area. b. Wetlands Restoration and Creation: i. Any person who alters regulated wetlands shall restore or create equivalent areas or greater areas of wetlands than those altered in order to compensate for wetland losses. ii. Where feasible, restored or created wetlands shall be a higher category than the altered wetland. iii. Compensation areas shall be determined according to function, acreage, type, location, time factors, ability to be self - sustaining, and projected success. Wetland functions and values shall be calculated using the best professional judgment of a qualified wetland ecologist using the best available techniques. Multiple compensation projects may be proposed for one project in order to best achieve the goal of no net loss. iv. Acreage replacement ratio. The following ratios apply to creation or restoration which is in -kind, on -site, timed prior to or concurrent with alteration, and has a high probability of success. These ratios do not apply to remedial actions resulting from illegal alterations. The first number specifies the acreage of wetlands requiring replacement and the second specifies the acreage of wetlands altered. Category I 6:1 Category II or III Forested 3 :1 Scrub -shrub 2:1 Emergent 1.5:1 Category IV 1.25:1 (A) Increased Replacement Ratio: The Planning Director may increase the ratios under the following circumstances: (1) uncertainty as to the probable success of the proposed restoration or creation; replication of wetland functions; (2) significant period of time between destruction and (3) projected losses in functional value; or (4) off -site compensation. (B) Decreased Replacement Ratio: The Planning Director may decrease these ratios based on findings of special studies coordinated with agencies with expertise which demonstrate that no net loss of wetland function or value is attained under the decreased ratio. (C) In all cases, a minimum acreage replacement ratio of 1:1 shall be required. c. Wetlands Enhancement: i. Any applicant proposing to alter wetlands may propose to enhance existing significantly degraded wetlands in order to compensate for wetland losses. Applicants proposing to enhance wetlands shall identify how enhancement conforms to the overall goals and requirements of the local wetlands protection program and established regional goals. ii. A wetlands enhancement compensation project shall be determined pursuant to Subsection 15.24.070H6, provided that enhancement for one function and value will not degrade another function or value and that acreage replacement ratios shall be - 12- doubled to recognize existing functional values and, provided further, that Category I wetlands shall not be enhanced. d. Wetland Type: i. In -kind compensation shall be provided except where the applicant can demonstrate that: (A) the wetland system is already significantly degraded and out -of -kind replacement will result in a wetland with greater functional value; (B) scientific problems, such as exotic vegetation and changes in watershed hydrology make implementation of in -kind compensation impossible; or (C) out -of -kind replacement will best meet identified regional goals (e.g., replacement of historically diminished wetland types). (D) Where out -of -kind replacement is accepted, greater acreage replacement ratios may be required to compensate for lost functional values. e. Location: i. On -site compensation shall be provided except where the applicant can demonstrate that: (A) the hydrology and ecosystem of the original wetland and those who benefit from the hydrology and ecosystem will not be substantially damaged by the on -site loss; and (B) on -site compensation is not scientifically feasible due to problems with hydrology, soils, waves, or other factors; or (C) compensation is not practical due to potentially adverse impact from surrounding land uses; or (D) existing functional values at the site of the proposed restoration are significantly greater than lost wetland functional values; or (E) that established regional goals for flood storage, flood conveyance, habitat or other wetland functions have been established and strongly justify location of compensatory measures at another site. ii. Off -site compensation shall occur within the same watershed as the wetland loss occurred; provided that Category IV wetlands may be replaced outside of the watershed when there is no reasonable alternative. iii. In selecting compensation sites, applicants shall pursue siting in the following order of preference: (A) upland sites which were formerly wetlands; (B) idled upland sites generally having bare ground or vegetative cover consisting primarily of exotic introduced species, weeds, or emergent vegetation; (C) other disturbed upland. f. Timing: i. Where feasible, compensation projects shall be completed prior to activities that will disturb wetlands, and immediately after activities that will temporarily disturb wetlands. In all other cases, except for Category I wetlands, compensatory projects should be completed prior to use or occupancy of the activity or development which was conditioned upon such compensation. Construction of compensation projects shall be timed to reduce impacts to existing wildlife and flora. g. Cooperative Restoration, Creation, or Enhancement projects: - 13 - i. The Planning Director may encourage, facilitate, and approve cooperative projects wherein a single applicant or other organization with demonstrated capability may undertake a compensation project with funding from other applicants under the following circumstances: (A) restoration, creation, or enhancement at a particular site may be scientifically difficult or impossible; or (B) creation of one or several larger wetlands may be preferable to many small wetlands. ii. Persons proposing cooperative compensation projects shall: (A) submit a joint permit application; (B) demonstrate compliance with all standards; (C) demonstrate the organizational and fiscal capability to act cooperatively; and be provided. (D) demonstrate that long -term management can and will 7. Mitigation Plans: All wetland restoration, creation, and/or enhancement projects required pursuant to this Chapter, either as a permit condition or as the result of an enforcement action, shall follow a mitigation plan prepared by qualified wetland professionals approved by the Planning Director. The applicant or violator shall receive written approval of the mitigation plan by the Planning Director prior to commencement of any wetland restoration, creation, or enhancement activity. Unless the Planning Director, in consultation with qualified wetland professionals, determines, based on the size and nature of the development proposal, the nature of the impacted wetland, and the degree of cumulative impacts on the wetland from other development proposals, that the scope and specific requirements of the mitigation plan may be reduced from what is listed below, the mitigation plan shall contain at least the following components: accompanying maps of the: a. Baseline Information: A written assessment and i. impacted wetland including, at a minimum, wetland delineation; existing wetland acreage; vegetative, faunal, and hydrologic characteristics; soil and substrate conditions; topographic elevations; and ii. compensation site, if different from the impacted wetland site, including, at a minimum, existing acreage; vegetative, faunal, and hydrologic conditions; relationship within watershed and to existing waterbodies; soil and substrate conditions; topographic elevations; existing and proposed adjacent site conditions; buffers; and ownership. b. Environmental Goals and Objectives: A written report shall be provided identifying goals and objectives and describing: i. The purposes of the compensation measures, including a description of site selection criteria; identification of compensation goals; identification of target evaluation species and resource functions; dates for beginning and completion; and a complete description of the structure and functional relationships sought in the new wetland. The goals and objectives shall be related to the functions and values of the original wetland, or if out - of-kind, the type of wetland to be emulated. ii. A review of the available literature and/or experience - 14 - to date in restoring or creating the type of wetland proposed shall be provided. An analysis of the likelihood of success of the compensation project at duplicating the original wetland shall be provided based on the experiences of comparable projects, if any. An analysis of the likelihood of persistence of the created or restored wetland shall be provided based on such factors as surface and ground water supply and flow patterns; dynamics of the wetland ecosystem; sediment or pollutant influx and/or erosion, periodic flooding and drought, etc.; presence of invasive flora or fauna; potential human or animal disturbance; and previous comparable projects, if any. c. Performance Standards: Specific criteria shall be provided for evaluating whether or not the goals and objectives of the project and for beginning remedial action or contingency measures. Such criteria may include water quality standards, survival rates of planted vegetation, species abundance and diversity targets, habitat diversity indices, or other ecological, geological, or hydrological criteria. d. Detailed Construction Plans: Written specifications and descriptions of compensation techniques shall be provided, including the proposed construction sequence; grading and excavation details; erosion and sediment control features needed for wetland construction and long -term survival; a planting plan specifying plant species, quantities, locations, size, spacing, and density; source of plant materials, propagules, or seeds; water and nutrient requirements for planting; where appropriate, measures to protect plants from predation; specification of substrate stockpiling techniques and planting instructions; descriptions of water control structures and water -level maintenance practices needed to achieve the necessary hydrocycle/hydroperiod characteristics; etc. These written specifications shall be accompanied by detailed site diagrams, scaled cross - sectional drawings, topographic maps showing slope percentage and final grade elevations, and any other drawings appropriate to show construction techniques or anticipated final outcome. The plan shall provide for elevations which are appropriate for the desired habitat type(s) and which provide sufficient tidal prism and circulation data. e. Monitoring Program: A program outlining the approach for monitoring construction of the compensation project and for assessing a completed project shall be provided. Monitoring may include, but is not limited to: i. establishing vegetation plots to track changes in plant species composition and density over time; ii. using photo stations to evaluate vegetation community response; iii. sampling surface and subsurface waters to determine pollutant loading, and changes from the natural variability of background conditions (pH, nutrients, heavy metals); iv. measuring base flow rates and storm water runoff to model and evaluate water quality predictions, if appropriate; v. measuring sedimentation rates, if applicable; and vi. sampling fish and wildlife populations to determine habitat utilization, species abundance, and diversity. A protocol shall be included outlining how the monitoring data will be evaluated by agencies that are tracking the progress of the compensation project. A monitoring report shall be submitted annually, at a minimum, documenting milestones, successes, problems, and contingency actions of the compensation project. The compensation project shall - 15 - be monitored for a period necessary to establish that performance standards have been met, but not for a period less than five (5) years. f. Contingency Plan: Identification of potential courses of action, and any corrective measures to be taken when monitoring or evaluation indicates project performance standards are not being met. g. Permit Conditions: Any compensation project prepared pursuant to this section and approved by the Planning Director shall become part of the application for the permit. h. Performance Bonds and Demonstration of Competence: A demonstration of financial resources, administrative, supervisory, and technical competence and scientific expertise of sufficient standard to successfully execute the compensation project shall be provided. A compensation project manager shall be named and the qualifications of each team member involved in preparing the mitigation plan and implementing and supervising the project shall be provided, including educational background and areas of expertise, training and experience with comparable projects. In addition, bonds ensuring fulfillment of the compensation project, monitoring program, and any contingency measure shall be posted pursuant to Subsection 15.24.070H in the amount of one hundred twenty (120) percent of the expected cost of compensation. i. Regulatory authorities are encouraged to consult with and solicit comments of any Federal, State, regional, or local agency, including tribes, having any special expertise with respect to any environmental impact prior to approving a mitigation proposal which includes wetlands compensation. The compensation project proponents should provide sufficient information on plan design and implementation in order for such agencies to comment on the overall adequacy of the mitigation proposal. j. Compensatory mitigation is not required for regulated activities: i. For which a permit has been obtained that occur only in the buffer or expanded buffer and which have no adverse impacts to regulated wetlands; or ii. which are allowed pursuant to Subsection 15.24.050B, provided such activities utilize best management practices to protect the functions and values of regulated wetlands. I. Appeals: Any decision of the Planning Director in the administration of this Chapter may be appealed in writing to the City Council within fourteen days of the issuance of notice of the decision. The time period for considering the appeal shall not exceed ninety days. J. Modification of Wetland Permits: A Wetland Permit holder may request and the Planning Director may approve modification of a previously issued Wetland Permit. K. Resubmittal of Denied Permit Applications: A Wetland Permit application which has been denied may be modified and resubmitted no earlier than one hundred eighty (180) days following action on the original application. A permit application shall be considered a resubmittal if the site proposed for development was the subject of a Wetland Permit application within the previous one hundred eighty (180) days. A new fee will be required for such resubmittal. (Ord. 2928 (part), 9/13/96; Ord. 2655 §1 (part), 11/29/91.) Section 4. Ordinance 1631, as amended, and Chapter 16.08 of the Port Angeles Municipal Code are hereby amended by amending PAMC 16.08.050 to read as follows: - 16 - 16.08.050 Procedure A. PRELIMINARY STEPS. The developer shall submit a sketch of a proposed subdivision of land to the City Planning Department for review prior to submittal of the Preliminary Plat. B. PRELIMINARY APPROVAL. The developer or his surveyor shall then transmit six (6) (or more if required) copies of the Preliminary plat, together with a filing fee, to the City Planning Department. The amount of the filing fee shall be as established by ordinance and set forth in Chapter 3.70 PAMC. The City Planning Department shall submit written recommendations to the Planning Commission prior to the Commission's public hearing in which the Preliminary plat is on its agenda. The proposed plat shall be prepared by a licensed land surveyor and shall be submitted to the City Planning Department at least thirty days prior to the -next public hearing of the City Planning Commission. Notice of the public hearing on a proposed plat or subdivision shall be posted by the developer in a conspicuous place on or adjacent to the land proposed to be subdivided. Such notices shall clearly indicate the time and place of the public hearing and shall be posted not less than ten days prior to the hearing. The Planning Commission shall examine the proposed plat, along with written recommendations of the City Departments, and shall either approve or disapprove and shall make recommendations thereon to the City Council. Within a period of ninety (90) days after a preliminary plat has been submitted to the City Planning Department and other affected agencies, the City Council shall either approve or disapprove the proposed Preliminary plat. The ninety (90) days time period may be extended with the consent of the applicant. If an Environmental Impact Statement is required, the ninety (90) day period shall not include the time spent preparing and circulating the EIS. Following final action of the City Council on a preliminary plat, the Planning Department shall notify the developer regarding changes required and the type and extent of improvements to be made. A copy of the Commission's action and recommendations shall be forwarded to the developer and to any agency submitting recommendations in regard to the preliminary plat. Approval of a preliminary plat shall be considered conditional approval of the preliminary plat, and shall not constitute approval of the Final plat; it shall be considered only as approval of the layout submitted on the preliminary plat as a guide to the preparation of the Final plat. If the preliminary plat is approved by the City Council, the developer, before requesting final approval, shall elect to install or assure installation of the improvements required by Section 16.08.070 PAMC by one of the following methods: 1. Actual installation of the required improvements, to the satisfaction and approval of the City Engineer; 2. (a)Furnishing to the City a subdivision bond, with an approved insurer, in an amount equal to the cost of the improvements as determined by the City Engineer, which bond shall assure to the City actual installation of the required improvements to the satisfaction and approval of the City Engineer. The City Engineer shall determine the period of the bond. 3. (b)Furnishing to the City an assignment of a savings account or placing in trust, an amount equal to the cost of the improvements as determined by the City Engineer, which assignment of savings account or trust shall assure to the City the installation of - 17 - the improvements, to the satisfaction and approval of the City Engineer. This savings account or trust shall be conditioned so that no amount may be removed therefrom without prior written approval of the City, and shall further provide that, if the improvements are not installed within the time limitations set by the City Engineer, or not installed to the satisfaction of the City Engineer, then the City may withdraw from the savings account or trust the amount necessary to complete the improvement. The City Engineer shall determine the period of the assignment of the savings account or the trust. After completion of all required improvements the City Engineer and any government agency involved shall submit a written notice to the Planning Department stating that the developer has completed the required improvements in accordance with Section 16.08.070 PAMC and with required installation standards. C. FINAL APPROVAL. The Final plat shall conform to the Preliminary plat as approved by the City Council. If desired by the developer, the Final plat may constitute only that portion of the approved Preliminary plat which he proposes to record and develop at the time. The Final plat shall be submitted to the Planning Department within five (5) years after City Council approval of the Preliminary plat. Said preliminary approval shall become void unless a Final plat is submitted. The developer shall submit a mylar tracing and six (6) prints (or more if required) of the Final plat and other required exhibits, including a filing fee, to the City Planning Department at least fourteen (14) days prior to the meeting in which the Final plat is to be considered by the Planning Commission. The amount of the fee shall be set by Resolution of the City Council and may be amended or changed by Resolution from time to time, or as necessary. The Planning Commission shall review the Final plat to determine if the plat conforms with the Preliminary plat, the provisions of the Comprehensive Plan, the Zoning Code and other land use regulations, the Urban Services Ordinance, and these Subdivision Regulations and shall make its recommendation to the City Council. If the Planning Commission approves the Final plat, the Chairperson shall sign the Final tracing. Following the approval of the Final plat by the Planning Commission, the City Planning Department shall obtain the signatures of the County Health Officer (when required by the Commission), City Engineer, City Clerk, City Manager, Fire Chief, Deputy Director of Utility Services, Planning Director, and City Attorney on the Final tracing and shall submit the tracing of the Final plat to the City Council for approval and signature by the Mayor. At least ten (10) days prior to the public hearing of the City Council in which the Final plat is to be considered, the developer shall post a notice regarding said hearing in a conspicuous location on the site. Within thirty (30) days the City Council shall act upon the Final plat. The thirty (30) day limit may be extended from the date of the Final plat being filed with the Planning Department with the consent of the applicant. The developer shall have his Final plat recorded within thirty (30) days from the date his Final plat is approved by the City Council. After obtaining signatures of City officials and prior to thirty (30) days after recording, the developer shall obtain and give to the City Engineer a mylar or equivalent duplicate of the Final plat. D. APPROVAL AND REVIEW OF PRELIMINARY AND FINAL - 18 - PLATS. When a proposed plat or subdivision is situated adjacent to the right -of -way of state highways, said plat or subdivision shall be submitted to the Director of Highways. Approval by the Commission shall be withheld until said Director or his assistant has made a report to the Commission. When a proposed plat, subdivision or dedication is adjacent to unincorporated territory notice of such proposed plat shall be given to the Clallam County Planning Commission. Any decision by the City Council approving or refusing to approve a plat or subdivision shall be reviewable for arbitrary, capricious or corrupt action or non - action, by petition before the Superior Court of Clallam County, by any property owner of the county having jurisdiction thereof who deems himself aggrieved thereby. Provided, that due application for petition shall be made to such court within twenty -one days from the date of any decision so to be reviewed. (Ord. 2990 §3, 5/15/98; Ord. 2880 §2 (part) 8/25/95; Ord. 2789 §12 1/1/94; Ord. 2743 §1, 1/29/93; Ord. 2719 §2, 11/13/92; Ord. 2143 §2, 5/31/81; Ord. 2034 §1, 7/16/79; Ord. 1631 §4, 11/14/67.) Section 5. Ordinance 1709, as amended, and Title 17 of the Port Angeles Municipal Code are hereby amended by amending PAMC 17.08.095, 17.20.160, 17.21.040, 17.22.040, 17.23.040, 17.24.040, 17.32.040, 17.40.040, 17.94.160, 17.96.070 and 17.96.120 and adding PAMC 17.94.165 to read as follows: 17.08.095 - "S" A. Service Station - an establishment which provides for the servicing of motor vehicles and operations incidental thereto, limited to the retail sale of petroleum products and automobile accessories; automobile washing (not including auto laundry); waxing and polishing of automobiles; tire changing and repair (not including recapping); battery service, charging, and replacement (not including repair and rebuilding); radiator cleaning and flushing (not including steam cleaning and repair); installation of accessories; and the following operations if conducted wholly within a building: lubrication of motor vehicles, brake servicing, wheel balancing, tire testing, and replacement of carburetors, coils, condensers, fan belts, wiring, water hoses, and similar parts. (Ord. 2652 §1 (part), 9/27/91; Ord. 1709 §1 (part), 12/22/70) B. Setback - the required minimum distance between any lot line and any structure or building. (Ord. 2666 §1 (part), 1/17/92) C. Sign - Any letters. figures. design symbol. trademark. or device intended to attract attention to any activity, service, place, subject, person, firm, corporation, public performance,. article, machine. or merchandise. and including display surfaces and supporting structures thereof. ED. 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. (Ord. 2666 §1 (part), 1/17/92; Ord. 1709 §1 (part), 12/22/70) DE. Sign, Area - the area of a sign shall be the sum of each display surface including both sides of a double -faced sign, as determined 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 - 19- display. (Ord. 2948 §5 (part), 2/14/97) E-1 Sign, Attached - a sign or billboard, lighted or unlighted, directly attached to, supported by, and no more than 2 feet distance from, a building. (Ord. 2948 §5 (part), 2/14/97; Ord. 2666 §1 (part), 1/17/92; Ord. 1709 §1 (part), 12/22/70) F$. Sign, Billboard - an outdoor advertising display, structure or sign, over 250 square feet in area, attached or detached, lighted or unlighted. (Ord. 2948 §5 (part), 2/14/97; Ord. 2666 §1 (part), 1/17/92; Ord. 1709 §1 (part), 12/22/70) OI_I. 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. (Ord. 2948 §5 (part), 2/14/97; Ord. 2666 §1 (part), 1/17/92; Ord. 1709 §1 (part), 12/22/70) HI. 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. (Ord. 2948 §5 (part), 2/14/97; Ord. 2666 §1 (part), 1/17/92; Ord. 1709 §1 (part), 12/22/70) 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. (Ord. 2948 §5 (part), 2/14/97; Ord. 2666 §1 (part), 1/17/92; Ord. 1709 §1 (part), 12/22/70) J. 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. (Ord. 2948 §5 (part), 2/14/97; Ord. 2666 §1 (part), 1/17/92; Ord. 1709 §1 (part), 12/22/70) KL,. 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. (Ord. 2948 §5 (part), 2/14/97; Ord. 2666 §1 (part), 1/17/92; Ord. 1709 §1 (part), 12/22/70) LM. Single Family Residence - one detached dwelling on an individual lot for occupancy by one family. (Ord. 2948 §5 (part), 2/14/97; Ord. 2796 §5, 2/11/94) MN. 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. (Ord. 2948 §5 (part), 2/14/97; Ord. 2796 §5, 2/11/94; Ord. 2652 §1 (part), 9/27/91; Ord. 1709 §1 (part), 12/22/70) NO. Stand - a structure for the display and sale of products, with no space for customers within the structure itself. (Ord. 2948 §5 (part), 2/14/97; Ord. 2796 §5, 2/11/94; Ord. 2652 §1 (part), 9/27/91; Ord. 1709 §1 (part), 12/22/70) OP. 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. (Ord. 2948 §5 (part), 2/14/97; Ord. 2796 §5, 2/11/94; Ord. 2652 §1 (part), 9/27/91; Ord. 1709 §1 (part), 12/22/70) PQ. Street - a public right -of -way which affords a primary means of access to abutting property. (Ord. 2948 §5 (part), 2/14/97; Ord. 2796 §5, 2/11/94; Ord. 2652 §1 (part), 9/27/91; Ord. 1709 §1 (part), 12/22/70) QR. Street Right -of -Way Line - the boundary line between a street and abutting property. (Ord. 2948 §5 (part), 2/14/97; Ord. 2796 §5, 2/11/94; Ord. 2652 §1 (part), 9/27/91; Ord. 1709 §1 (part), 12/22/70) RS. Structure - anything constructed in the ground, or anything erected which requires - 20 - 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. (Ord. 2948 §5 (part), 2/14/97; Ord. 2796 §5, 2/11/94; Ord. 2652 §1 (part), 9/27/91; Ord. 1709 §1 (part), 12/22/70) SST. 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. (Ord. 2948 §5 (part), 2/14/97; Ord. 2796 §5, 2/11/94; Ord. 2652 §1 (part), 9/27/91; Ord. 1709 §1 (part), 12/22/70) TU. Subordinate - less important than and secondary to a primary object, usually in these Zoning Regulations referring to an accessory use. (Ord. 2948 §5 (part), 2/14/97; Ord. 2921 §2, 6/28/96; Ord. 2861 §1 (part), 3/17/95) UV. 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. (Ord. 2948 §5 (part), 2/14/97; Ord. 2861 §1 (part), 3/17/95) 17.20.160 Conditional Uses. A. Art galleries and museums. B. Assisted living facilities. C. Beauty shops and barber shops. D. Business colleges; music, art, and dance schools. E. Off - street parking lots not associated with a permitted use on the same site. F. Businesses selling medical supplies, goods, instruments, medicine and similar items. G Churches. H. Detoxification centers. I. Group homes and hospices. J. Libraries. K. Nursing and convalescent homes. L. Public parks and recreation facilities. M. Residential care facilities. N. Residential uses, other than detached single family residences, that are permitted in the RHD Zzone and comply with the RHD area and dimensional requirements.. O. Utility buildings and structures. P. Other uses compatible with the intent of this Chapter. (Ord. 2948 §5 (part), 2/14/97; Ord. 2861 §1 (part), 3/17/95; Ord. 2702 §1, 8/14/92; Ord. 2652 §8, 9/27/91; Ord. 2635 §5, 5/15/91; Ord. 2278 §1, 12/26/83; Ord. 2109 §5, 12/7/80) 17.21.040 Permitted Uses. A. Art galleries and museums. B. Assisted living facilities. C. Bakery shops. D. Banks, financial institutions, insurance and real estate services offices. E. Barber shops, beauty shops. F. Business and professional offices. G. Child day -care centers and pre- schools. H. Delicatessens, grocery stores. I. Drug stores, pharmacies. J. Group homes and hospices. -21 - K. Libraries. L. Medicalldental offices and clinics and laboratories. M. Nursing and convalescent homes. N. Public parks and recreation facilities. O. Repair services, such as appliance repair, shoe repair, and TV and stereo repair services. P. Residential care facilities. Q. Residential uses that are permitted in the RHD zone allowancesand comply with the RHD area and dimensional requirements. R. Restaurants, cafeterias. S. Self - service laundries. T. Specialty shops: gift, florist, hobby, antique, candy, ice cream, video rental. (Ord. 2948 §5 (part), 2/14/97; Ord. 2861 §1 (part), 3/17/95; Ord. 2797 §3, 2/11/94) 17.22.040 Permitted Uses. A. Art galleries and museums. B. Bakery shops. C. Banks, financial institutions, insurance and real estate services offices. D. Barber shops, beauty shops. E. Business colleges; music, art, and dance schools. F. Business and professional offices. G. Child day -care centers and pre - schools. H. Churches. I. Delicatessens, grocery stores, supermarkets. J. Drug stores, pharmacies. K. Hardware stores. L. Libraries. M. 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 that are permitted in the CN RHD zone at-the-R119-density allowances-. and comply with the RHD area and dimensional requirements. Q. Restaurants, cafeterias. R. Self- service laundries. S. Service Stations. T. Specialty shops: gift, florist, hobby, antique, candy, ice cream, video rental. U. Taverns and cocktail lounges. (Ord. 2861 §1 (part), 3/17/95; Ord. 2797 §4, 2/11/94) 17.23.040 Permitted Uses: A. Retail: 1. Auto supply stores, service stations, self - service gas islands, and tire shops. 2. New and used dealerships of automobiles, trucks, trailers, motorcycles, recreational vehicles, tractors, boats, including related sales, leasing, and servicing. 3. 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 - 22 - similar items. 5. Chain saw sales and service stores. 6. Commercial recreation establishments, such as bowling alleys, theaters (movie and others), skating rinks, driving ranges, putt -putt golf courses, and video arcades. 7. Farm equipment stores, garden supply stores, nurseries. 8. 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. 9. Food item retail sales outlets, such as bakery shops, candy and ice cream stores, delicatessens, fruit and vegetable stands, grocery stores, liquor stores, meat and fish markets, and supermarkets. 10. 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. 11. Household furnishings stores, such as appliance stores, furniture stores, office equipment stores, and stereo stores. 12. Motels, hotels and hostels. 13. Specialty shops, such as bicycle, book, computer, florist, gift, hobby, toy, 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. 3. Business colleges and trade schools. 4. Business and professional offices. 5. Business services offices, such as accounting, tax, employment, and management consulting services. 6. Child day -care centers and pre - schools. 7. Churches. 8. Detoxification centers. 9. Equipment rental stores. 10. Financial services offices, such as bail bond stores, banks, financial institutions, insurance companies, real estate services, stock brokerages, and title companies. 11. Furnishings repair shops, such as upholstering and reupholstering shops. 12. Governmental and social service agency offices. 13. Laundries, commercial, dry cleaning shops, laundries, self - service and tailor shops. 14. Libraries. 15. Medical/dental offices and clinics and laboratories. 16. Personal services facilities, such as barber shops, beauty shops, exercise and reducing studios, and travel agencies. 17. Printing, blueprinting, photo developing and reproduction, and sign shops. 18. Public parks and recreation facilities. 19. Repair services shops, such as appliance repair, shoe repair, and TV and stereo repair services. C. Institutional: 1. Clubs and lodges. - 23 - D. Residential: 1. Residential uses that are permitted in the CN RHD zone allowances and comply with the RHD area and dimensional requirements.. E. Transportation and Communication: 1. Convention centers, auditoriums. 2. Ferry, seaplane, airplane, and helicopter 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 stores. G. Mixed Commercial/Residential Developments. (Ord. 2861 §1 (part), 3/17/97; Ord. 2742 §1, 1/29/93; Ord. 2652 §12, 9/27/91; Ord. 2636 §6 (part), 5/15/91; Ord. 2591 §1, 5/25/90; Ord. 2293 §1 (part), 4/4/84.) 17.24.041 Permitted Uses. A. Retail: 1. Auto supply stores. 2. Building material stores, hardware stores, paint stores, and plumbing supply stores. 3. Commercial recreation establishments, such as bowling alleys, 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 item retail sales outlets, such as bakery, 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 centers (100,000 square feet 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 shops, such as bicycle, book, computer, florist, gift, hobby and toy, pet stores, video rental. B. Services: 1. Art, dance, voice, and music schools and studios. 2. Art galleries and museums. 3. Business colleges and trade schools. 4. Business and professional offices. - 24 - 5. Business services offices, such as accounting, tax, employment, management consulting, and printing services. 6. Child day -care centers and pre- schools. 7. Churches. 8. Financial services offices, such as bail bond stores, banks, financial institutions, insurance companies, real estate services, stock brokerages, and title companies. 9. Furnishing repair shops, such as upholstering and reupholstering shops. 10. Governmental and social service agency offices. 11. Self- service laundries and tailor shops. 12. Libraries. 13. Medical/dental offices and clinics and laboratories. 14. Personal services facilities, such as barber shops, beauty shops, exercise and reducing studios, and travel agencies. 15. Public parks and recreation facilities. 16. 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: 1. Residential uses that are permitted in the €N RHD zone at the RHD density allowances area and dimensional requirements. E. Transportation and Communication: 1. Convention centers, 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. 6. Vehicular rental services facilities, including light trucks, automobiles, motorcycles, mopeds, and bicycles. 7. Vessel moorage, including marinas and docks for pleasure boats, Coast Guard vessels, and submarines. F. Mixed Commercial/Residential Developments. (Ord. 2861 §1 (part), 3/17/95; Ord. 2742 §1, 1/29/93; Ord. 2652 §14, 9/27/91; Ord. 2591; §3, 5/25/90; Ord. 2533 §1, 5/24/89; Ord. 2303 §1 (part), 7/4/84) 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. 4. Specialized small mechanical parts, tools, die - casting, bearings, patterns, and other similar products, welding shops, and machine shops. B. Other: 1. Agricultural uses, defined as commercial farming and animal husbandry. 2. Fire stations. 3. Off - premises outdoor advertising signs. - 25 - 4. Public juvenile detention facilities, where: 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 b. The existing and potential industrial uses will not adversely impact the detention center. 5. Public parks and recreation facilities, where: a. The average daily noise levels (ldn) do not exceed 45 decibels for interior portions of buildings; b. There are no existing industrial uses in the vicinity which would adversely impact the use: and c. In the event a change in circumstances is found by the Planning Commission which would result in potential adverse impacts on or land use conflicts to an approved use, the conditional use permit shall become void and the use shall cease. 56. Radio towers exceeding thirty -five (35) feet. 67. Social service agencies providing 24 -hour residential care, where a. 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; b. There are no existing industrial uses in the vicinity which would adversely impact the residential use; and c. In the event a change in circumstances is found by the Planning Commission which would result in potential adverse impacts on or land use conflicts to an approved residential use . • . • . , the econditional Use Permit shall become void; and the residential use shall cease. 7. Veterinary clinics, offices, and kennels. 8. Other uses compatible with the purpose of this Chapter. (Ord. 2861 §1 (part), 3/17/95; Ord. 2821 §1, 7/15/94; Ord. 2756 §2, 4/16/93; Ord. 2752 §4, 3/26/93; Ord. 2671 §1, 1/31/92; Ord. 2648 §1, 8/30/91; Ord. 2551 §1, 10/25/89; Ord. 2329 §1 (part), 3/11/85) 17.40.040 Permitted Uses. A. Bleachers, grandstands (subject to review by Planning Commission). B. Bridle trails. C. Cemeteries and crematoriums. D. Civic buildings & governmental offices. E. Common open space. F. Convention centers (publicly owned) and associated activities. FG. Fire stations. OH. Hospitals. HI. Landfills, sanitary. 1J. Libraries. JK. Marinas, boat storage, maritime and harbor activities. KL. Municipal pool. LM. Museums. MN. Off - street parking structures and lots. NO. Parks, greenbelts. OP. Picnic areas and facilities. PQ. Playfields. QR. Playgrounds. - 26 - RS. Recreation structures and facilities. ST. Reservoirs. TU. Schools and school related facilities. UV. Single family residences which meet the requirements of the RS -7 District. VW. Streets, sidewalks, trails, and roads. W . Utility buildings and structures. (Ord. 2861 §1 (part), 3/17/95; Ord. 2796 §13, 2/11/94; Ord. 2702 §2, 8/14/92; Ord. 2668 §7 (part), 1/17/92; Ord. 2636 §12 (part), 5/15/91; Ord. 2382 §1, 3/15/86; Ord. 1709 §1 (part), 12/22/70) 17.94.160 Official Exempt Signs. zones. (Ord. 2668 §10 (part), 1/17/92; Ord. 1709 §1 (part), 12/22/70) The following signs are hereby exempt from signage requirements in all zones: A. Official signs - Official traffic signs, directional signs, and warning signs erected by public authorities. B. Informational signs - Signs that give direction, service information or warnings such as "Enter ", "Exit ", "Customer Parking ", "Drive thru ", "Restrooms ", "Telephones ", "No Parking ", etc. if: 1. The single side, maximum area of the sign does not exceed six (6) square feet; and 2. The sign does not contain advertising. C. Real estate signs - Real estate signs that advertise real estate for sale, lease, or rent if: 1. The sign is located on the property for sale, lease, or rent; 2. The single side, maximum area of the sign is no greater than six (6) square feet; and 3. The sign is removed within seven days from the date of closing. 17.94.165 Prohibited Signs. Signs which rotate or are not securely attached to a building or the ground (including but not limited to A -frame signs, pole attachments, trailer signs and other mobile signs) and all other signs not specifically addressed herein and contrary to the provisions of this Chapter shall be prohibited. 17.96.07 Conditional or Unclassified Use Permit Applications Procedures. A. Notice and Hearing for Conditional or Unclassified Use Permits. Upon filing an application for a Econditional or Uunclassified Uuse-Ppermit in which the application sets forth fully the grounds for, and the facts deemed to justify, the granting of the a Econditional or Uunclassified Uuse Ppermit, 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 Econditional or Uunclassified Uuse Ppermit; provided, however, that Econditional Uuse - Ppermits for bed and breakfasts, home occupations, and retail stands shall be considered by the Planning Director in accordance with Chapters 17.18, 17.17, and 17.26. The Planning Commission's or Planning Director's decision shall be final unless appealed to the City Council. - 27 - 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 14 -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 fourteen (14) days following the date of the decision. 3. The City Council shall conduct a closed record hearing on the appeal of the Planning cCommission's decision and an open record public hearing on the appeal of the Planning Director's decision 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 econditional or -U unclassified -Uuse Ppermits 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 Use Permits. Extensions of those previously approved Econditional Uuse-Ppermits 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. G. Minor Amendment of Approved Conditional Use Permits. 1. Upon written request submitted to the Planning Department, the Planning Director may approve a minor amendment to an approved conditional use permit if: a. The amendment does not increase the intensity of the use by more than 10% of the original approval; b. The amendment will not be materially detrimental to the public welfare or injurious to property or improvements in the vicinity and zone in which the subject property is located; and c. The site has been posted and adjacent property owners notified fifteen (15) days prior to the decision. • 1 • • . • 2. Any applications that are not granted a minor amendment by the Planning Director pursuant to this section must obtain an amendment through the City's normal conditional use permit procedure. - 28 - 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. (Ord. 2935 §1, 11/15/96; Ord. 2911 §2, 3/29/96; Ord. 2861 §1 (part), 3/17/95; Ord. 2796 §16, 2/11/94; Ord. 2668 §12 (part), 1/17/92; Ord. 2636 §18 (part) 5/15/91; Ord. 2595 §1, 6/27/90; Ord. 2503 §1, 7/27/88; Ord. 2334 §3, 4/10/85; Ord. 1798 §2, 8/15/73; Ord. 1709 §1 (part), 12/22/70) 17.96.120 Enforcement. A. It shall be the duty of The Planning Director shall have the authority 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 shall have the authority 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. (Ord. 2668 §12 (part), 1/17/92; Ord. 2636 §14, 5/15/91; Ord. 1709 §1 (part), 12/22/70) Section 6 - Severability. If any section, sentence, clause, or phrase of this Ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this Ordinance. Section 7 - Effective Date. This Ordinance shall take effect five days after the date of publication. PASSED by the City Council of the City of Port Angeles at a regular meeting of said Council held on the 5 t hday of January , 1999. ATTEST: Becky J. Up , Ci' Clerk PUBLISHED: January 10, 1999 By Summary - 29 - APP \TED AS TO FORM: Craig D. tson, City Attorney Summaries of Ordinances Adopted by the Port Angeles City Council on January 5, 1999 Ordinance No. 3006 This Ordinance of the City of Port Angeles extends the special landfill rate for charitable organizations to include the Clallam County Housing Authority's Lee Hotel Project demolition debris and amends Ordinance 2317, as amended, and Chapter 13.56 of the Port Angeles Municipal Code. Ordinance No. 3007 This Ordinance of the City of Port Angeles makes several changes to the City's land use ordinances by clarifying the zoning code's definition of a sign and which types of signs are considered exempt in areas other than the Central Business District, correcting references in the right -of -way use ordinance to what mobile sales carts are and where they may be located, adding a parking ordinance category and requirements for physical therapy uses, allowing the Planning Director to determine when sensitive areas tracts, maintenance bonds and/or performance bonds are required for wetland permits, clarifying when public hearings will be scheduled before the Planning Commission, correcting zoning code errors in wording regarding to what standards residential uses shall be developed in the Commercial Office, Commercial Neighborhood, Community Shopping District, Commercial Arterial District, and Central Business District zones, adding public parks and recreational facilities as conditional uses in the Industrial Light zone, adding publicly owned convention centers and associated activities as permitted uses in the Public Buildings and Parks zone, clarifying zoning code wording regarding extensions of, and adding provisions for minor amendments to, approved conditional use permits, and amending Ordinances 1588, 1631, 1709, 2350, and 2655, as amended, and amending Chapters 11.12, 14.40, 15.24, 16.08, 17.08, 17.26, 17.94, 17.20, 17.21, 17.22, 17.23, 17.24, 17.32, 17.40, and 17.96 of the Port Angeles Municipal Code. The full texts of the Ordinances are available at City Hall in the City Clerk's office or will be mailed upon request. Office hours are Monday through Friday from 8:00 a.m. to 5:00 p.m. These Ordinances shall take effect five days after the date of publication of these summaries. Becky J. Upton City Clerk Publish: January 10, 1999