HomeMy WebLinkAbout3042ORDINANCE NO. 3042
AN ORDINANCE of the City of Port Angeles, Washington, making amendments
,o the City's land use ordinances by revising the permitting process for home occupations, bed and
breakfast uses within residential areas, and retail stand uses, eliminating confusing and unnecessary
wording found throughout the zoning ordinance, clarifying permitted uses and buffer and signage
requirements within the Industrial Heavy zone, and clarifying the improvement requirements for
short subdivisions and subdivisions, including street improvement and bonding requirements,
amending Ordinances 1709, 1631, and 2222, as amended, and amending Chapters 16.04, 16.08,
17.08, 17.15, 17.17, 17.18, 17.21, 17.22, 17.24, 17.26, 17.30, 17.32, 17.34, 17.94, 17.96.
THE CITY COUNCIL OF THE CITY OF PORT ANGELES DOES ORDAIN as follows:
Section 1. Ordinance No. 2222, as amended, and Chapter 16.04 of the Port
Angeles Municipal Code are hereby amended by amending PAMC 16.04.070 and 16.04.140 to read
as follows:
16.04.070 Preliminary Short Plat - Design Standards. All preliminary short plats shall
conform to the following design standards:
A. Right -of -Way Access.
1. Each lot shall abut on a dedicated, improved and maintained City street.
Such street shall connect directly to an existing improved street that meets current street
improvement standards as set forth in the Comprehensive Plan, the Urban Services Ordinance, and
the Urban Services Standards and Guidelines promulgated consistent with and pursuant to PAMC
18.08.40 and 18.08.130.
2. If the abutting right -of -way does not meet minimum width standards,
additional right -of -way shall be required in accordance with the requirements of the Public Works
Department.
3. An exception from the right -of -way access requirements in this section shall
be allowed for a single lot within a proposed short plat, provided that the following conditions are
met:
a. the single lot already abuts and is accessible by emergency vehicles
over a 20- foot -wide all- weather street that does not meet City standards and already contains a
habitable dwelling, and
b. all other lots in the short subdivision shall meet the right -of -way
access standards of this section
16.04.140 Final Short Plat - Improvements - Required. The following minimum
improvements shall be made or installed for each lot created by the short subdivision, before final
short plat approval:
A. Watermains and other appurtenances necessary to provide adequate potable water
supply and fire protection as set forth in the Comprehensive Plan, and the Urban Services
Ordinance and the Urban Services Standards and Guidelines promulgated consistent with and
pursuant to PAMC 18.08.040 and 18.08.130; ,
B. Sanitary sewer or approved septic tank and drain field site;
C. Power, telephone, and all other necessary utilities.
D. Appropriate dedications or easements if required;
E. Minimum street improvement cross - section standard as set forth in the
Comprehensive Plan} and the Urban Services Ordinance. and the Urban Services Standards and
Guidelines: deveteptnent-standards
1. Improvements to Principal Frontage and Access Streets: A principal
fFrontage and access streets within City right -of -way furnishing access from the nearest fully
improved City street to newly created lots shall be improved to a minimum of 20 -foot wide
asphaltic concrete street with one 3 -foot wide shoulder and one 6 -foot wide shoulder for
pedestrian traffic. All dead -end City streets in excess of 150 feet in length shall be asphaltic
concrete paved and provided with a turn- around
of -way and 90 -foot diamctcr asphaltic concrctc strcct, or an altcrnativc approvcd by the City
consistent with the Urban Services Ordinance.the Urban Services Standards and Guidelines. and
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he Uniform Fire Code.
2. Improvements to Arterial Streets: Arterial streets that will provide access
to. and front. the lots or parcels being developed shall be improved to the minimum City arterial
street improvement standards.
273. EXCEPTION: The Public Works Department shall require the minimum
standard to be increased to match the immediately adjoining City street when the immediately
adjoining City street is more fully developed than the minimum standard. This exception shall
not apply to short plats when the City finds that there will be an economic and physical hardship
in relocating public utilities and there will be no increase in the number of lots within a subject
short plat.
F. Roadway ditches and /or culverts shall be provided to address existing and
anticipated storm water run -off occurring on the site and /or in the principal frontage right -of -way
as set forth in the Urban Services Ordinance and Clearing and Grading Ordinance development
standards.
G. The subdivider shall provide a street profile acceptable to the Public Works
Department for the principal frontage street if the final street grade has not been previously
established or accepted by the City.
H. The subdivider shall execute an L.I.D. consent and non - protest agreement or
other agreement acceptable to the City for street and utilities improvements on the principal
frontage street whenever required improvements are less than the - City's full development
standard, as established by the City Engineer.
I. The subdivider shall provide all other public improvements as may be required
as set forth in the Comprehensive Plan and the Urban Services Ordinance.
J. When commercially zoned property is being short platted without any increase
in the number of lots, the minimum improvements required by this Section may be made or
installed after short plat approval without the necessity of being bonded, provided that the final
short plat shall be conditioned to provide that such improvements shall be made or installed as
part of the building permit process, that vertical construction of the building shall not begin
unless or until the Uniform Fire Code's fire hydrant requirement has been met, and that the
property or development shall not be occupied until such improvements have been completed,
provided further that said construction shall be noted on the final plat.
K. Sidewalks and other planning features that assure safe walking conditions for
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students who only walk to and from school. (Ord. 2948 §2 (part) 2/14/97; Ord. 2920, 6/14/96;
Ord. 2909 §1, 3/15/96; Ord. 2880 §1 (part) 8/25/95; Ord. 2631 §2, 3/29/91; Ord. 2222 §14,
8/11/82.)
Section 2. Ordinance 1631, as amended, and Chapter 16.08 of the Port Angeles
Municipal Code are hereby amended by amending PAMC 16.08.050, 16.08.060, and 16.08.070
to read as follows:
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 estab lished 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 (30) days prior to the 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 re questing
final approval, shall elect to install or assure installation of the improvements required by Section
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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. Furnishing to the City a subdivision bond, with an approvcd insurcr, in
an amount cqual to thc cost of thc improvcmcnts as dctcrmincd by thc City Enginccr, which
and approval of thc City Enginccr. The City Enginccr shall dctcrminc the period of thc bond.
32. Furnishing to the City an assignment of a savings account or another
approved security or placing in trust an amount equal to 150% of the cost of the improvements
as determined by the City Engineer, which assignment of savings account,_ other security, or
trust shall assure to the City the installation of the improvements, to the satisfaction and approval
of the City Engineer. This savings account, other security, 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 , other security. or trust the amount necessary to complete
the improvement. The City Engineer shall determine the period of the assignment of the saving s
account. other security. 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 Seetion PAMC 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 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 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, the Urban Services Standards and
Guidelines. 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
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Department shall obtain the signatures of the County Health Officer (when required by the
Commission), City Enginccr, Public Works Dircctor, City Clerk, City Manager, Fire Chief,
Director of Public Works and Utilities Deputy Dircctor of Utility Scrviccs, 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 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. Th e
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 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. 3007 §4, 1 /15/99; 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.)
16.08.060 - Standards and Policies.
A. GENERAL STANDARDS. If a proposed street and /or lot pattern for any zone
in Port Angeles has been made by the Council or the Commi ssion, the street layout of any new
plat submitted shall be in general conformance to said pattern or plan. Otherwise proposed
streets in new subdivisions shall conform to the Comprehensive Plan and Urban Services
Ordinance as adopted.
No territory proposed to be subdivided shall be a part of, nor encroach upon, any area
designated in the Comprehensive Plan for future public facilities.
No plan for the platting, replatting, subdivision, or dedication of any area shall be
approved by the City :. :..: • : . • , • • : unless streets shown therein
are connected directly by surfaccd road to an existing improved public right -of -way street that
meets current street improvement standards as set forth in the Comprehensive Plan. the Urban
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Services Ordinance, and the Urban Services Standards and Guidelines promulgated consistent
with and pursuant to PAMC 18.08.040 and 18.08.130 and that public-right-of-way is adequate
to service the existing and new lots.
Where the Comprehensive Plan or the City's official street plan indicates the necessity
of a new right -of -way of a required width or portion thereof for street purposes, whet her within
a new plat or new subdivision, or along the boundaries of a new plat, new subdivision or new
lot, such required right -of -way or portion thereof shall be dedicated to the City of Port Angeles
by the filing of a plat.
The area of a cemetery in one unit shall be not more than eighty (80) acres, which may
or can be surrounded by streets and highways. If the area of a cemetery is intersected or cut by
dedicated or unplatted streets the areas on opposite sides of said streets shall form and be
considered separate units.
The Planning Commission may require plats to provide areas for parks, playgrounds,
open spaces, recreation facilities, schools, school grounds, safe walking conditions on school
routes, transit stops, and drainage ways..
Each proposed subdivision and the ultimate use of the land therein shall be in the interests
of public health, safety and welfare, and subdividers shall be prepared to present evidence to thi s
effect when requested by the Commission.
Restrictive covenants not contrary to existing regulations regarding the use of land,
governing and binding all future owners of lots or tracts, may be shown on any plat.
No Final plat of land within the force and effect of existing Zoning Regulations shall be
approved unless it is conforming with such Regulations.
Whenever there is a discrepancy between minimum standards or dimensions noted herein
and those contained in Zoning Regulations, Building Codes, or other official Regulations, the
highest standard shall apply.
B. GENERAL PRINCIPLES, POLICIES. The Commission shall ensure that
appropriate provision is made for: (1) the harmonious development of neighborhoods by
requiring coordination of streets within subdivisions with existing or planned streets, or with
other elements of the Comprehensive Plan; (2) adequate open spaces for recreation, schools,
light and air; (3) distribution of population and traffic which will create conditions favorable to
public health, safety and convenience.
The Commission shall inquire into the public use, interest or need proposed to be served
by the establishment of a subdivision. If the results of such an inquiry indicate that a subdivisio n
will not serve the public use, interest or need, the Commission may deny approval of such
subdivision. The Commission shall ensure that a subdivision is consistent with the
Comprehensive Plan and Urban. Services Ordinance.
Land which the Commission has found to be unsuitable for subdivision due to flooding,
bad drainage, steep slopes, rock formations or other feature likely to be harmful to the safety,
welfare and general health of the future residents, - and the Commission considers inappropriate
for subdivision, - shall not be subdivided unless adequate methods which are consistent with the
City's Wetlands and Environmentally Sensitive Areas Protection Ordinances are formulated by
the developer and approved by the City Engineer.
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C. STREETS AND ROADS.
1. The arrangement, character, extent, width, grade and location of all roads
shall conform with the Comprehensive Plan, including the Capital Facilities Plan, -Urban
Services Ordinance. and Urban Services Standards and Guidelines, and shall be considered in
their relation to existing and planned roads, to topographic conditions, to public convenience and
safety, and in their appropriate relation to the proposed uses of the land to be served by such
roads.
2. Where such is not shown on the Comprehensive Plan, the arrangement of
streets in a subdivision shall either provide for the continuation or appropriate projection of
existing major streets in the surrounding area; or shall conform to a plan for the neighborhood,
approved by the Commission, to meet a particular situation where topographic or other
conditions make continuance or conformance to existing roads impracticable. This shall also
apply to cluster subdivisions.
3. If a preliminary or suggested plan for an area has been made by the
Commission, the street layout of a proposed subdivision in such an area shall be in general
conformance to the plan.
4. When a portion of a subdivider's tract is to be subdivided, a street plan
for the entire tract shall be submitted to indicate how the street pattern of the plat submitted will
coordinate with the entire tract when fully platted.
5. Where a tract is subdivided into lots or tracts of an acre or more in area,
the Commission may require an arrangement of lots and streets such as to permit a later re-
subdivision in conformity with the street and lot requirements specified in these Regulations.
6. Wherever practical, dead -end streets shall be avoided. However, roads
designed with a turn- around at one end (cul -de -sac) may be used when conditions warrant their
use.
7. Wherever practical, minor streets shall be laid out to discourage through
traffic within residential neighborhoods.
8. Where a proposed subdivision abuts or contains an existing or proposed
major road, or is adjacent to an existing or planned business, commercial or industrial district,
the Commission may require treatment as may be necessary (1) for the adequate protection of
residential properties; and (2) to afford separation of through and local traffic.
9. Where a subdivision borders or contains a railroad or limited access
highway right -of -way, the Commission may require a road approximately parallel to and on each
side of such right -of -way at a distance suitable for appropriate use of the intervening land. Such
distances shall also be determined with due regard for the requirements of approach grades and
future grade separations.
10. Streets shall be laid out so as to intersect as nearly as possible at right
angles. Acute angle intersection shall be avoided.
11. There shall be no reserve strips controlling access to roads, except where
the control of such strips is definitely placed in the City under conditions approved by the
Commission.
12. Sidewalks and other planning features that assure safe walking conditions
for students who only walk to and from school shall be provided pursuant to RCW 58.17.110.
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D. BLOCKS.
1. The lengths, widths and shapes of blocks shall be determined with due
regard to provision of adequate building sites suitable to the special needs of the type of land us e
contemplated, the zoning requirements as to lot area and dimensions, limitations and
opportunities of the topography, and needs for convenient access, circulation, control and safety
of vehicular and pedestrian traffic.
2. The width of blocks shall be sufficient for two (2) tiers of lots, unless
existing conditions are such, in the judgment of the Commission, to render such requirements
undesirable or impractical.
3. Where frontage is on a major road, the long dimension of the block should
be oriented with the direction of traffic flow.
4. Pedestrian crosswalk -ways shall be required where deemed essential to
provide circulation or access to schools, playgrounds, shopping centers, transportation , and
other community facilities.
E. LOTS.
1. The lot area, width, depth, shape and orientation, and the minimum
building setback lines shall be appropriate for the location of the subdivision, for the type of
development and land use contemplated, and shall conform with the requirements of the Zoning
Ordinance.
2. Excessive depth in relation to width shall be avoided. No lot shall have
a depth greater than twice its width.
3. Corner lots for residential use shall have extra width to permit appropriate
building setback from and orientation to both streets.
4. To ensure public health, convenience and safety, the subdividing of land
shall provide, by means of a public street, each lot with satisfactory access to an existing public
street.
5. Double frontage and reverse frontage lots shall be avoided, except where
essential to provide separation of residential development from traffic arteries or to overcome
specific disadvantages of topography and orientation. A planting screen easement across which
there shall be no right of access shall be provided along the line of lots abutting such a traffic
artery or disadvantageous use.
6. Side lot lines shall be substantially at right angles or radial to street lines.
7. No lot or lots for residential purposes shall be divided or sold into
additional lots or building sites, without compliance with these Subdivision Regulations.
F. PUBLIC SPACES.
1. Where a proposed park, playground, school, or other public use shown
in the Comprehensive Plan, including the Capital Facilities Plan, and Urban Services Ordinanc e
is located in whole or in part in a subdivision, the Commission may require the dedication or
reservation of such area within the subdivision in those cases in which the Commission deems
such requirement to be reasonable
2. Where deemed essential by the Commission, upon consideration of the
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particular type of development proposed in the subdivision, and especially in large -scale
neighborhood unit developments not anticipated in the Comprehensive Plan, the Commission
may require the dedication or reservation of such areas or sites of a character, extent and
location suitable to the needs created by such development for schools, parks and other
neighborhood purposes.
3. Due regard shall be shown for the preservation of outstanding natural and
cultural features such as scenic spots, water courses, and historic sites, consistent with the
Comprehensive Plan, the Wetlands Protection Ordinance, and the Environmentally Sensitive
Areas Protection Ordinance..
G. EASEMENTS.
1. Utility easements shall be provided, centered on front, rear, or side lot
ines.
2. Where a subdivision is traversed by a water course, drainage way,
channel, or stream, there shall be provided a storm water easement or drainage right -of -way
conforming substantially with the lines of such water course, and such further width or
construction, or both, as will be adequate for the purpose. Parallel roads or parkways may be
required in connection therewith.
H. STREET LIGHTING. Street lighting installations shall be located in reference
to the dimensions of full grown trees and in accordance with the determinations and standards
of the City Engineer.
I. DIMENSIONAL STANDARDS. Variations from and exceptions to the following
standards may be made by the Commission, where topographic or other existing conditions make
adherence to these Regulations impractical.
J. ' : STREET IMPROVEMENTS. Street Improvements
shall be provided in accordance with the Urban Services Standards and Guidelines promulgated
consistent with and pursuant to PAMC 18.08.040 and 18.08.130.
fcct.
P
a. Thc minimum right -of -way width shall bc not lcss than scvcnty (70)
b. Thc minimum pavcmcnt width shall bc not lcss than forty- cight(48)
fcct, not including curb.
c. Thc maximum gradc shall bc not grcatcr than five (5) perccnt.
ct.
unar
. A tangent of at least two hundred (200) feet in length shall be prove
ctwccn rcvcrsc curves.
2. Minor Arterial Strcct
•
a. i nc minimum right -or -way wiatn snail nc not less than sixty (bu) rcct.
b. Thc minimum pavcmcnt width shall bc not lcss than forty -four (44)
ct, not including curb.
c. Thc maximum gradc shall bc not grcatcr than seven (7) perccnt.
d. Thc minimum radius of curvature shall bc not lcss than two hundred
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200) fcct.
c. A tangcnt of at lcast two hundrcd (200) fcct in lcngth shall bc providcd
bctwccn rcvcrsc curvcs.
3 Collcctor Artcrial Strcct
a
Thc minimum right -of -way width shall bc not lcss than sixty (60) fcct.
b. Thc minimum pavcmcnt width shall bc not lcss than forty (40) fcct,
c. Thc maximum gradc shall bc not grcatcr than scvcn (7) perccnt.
200) fcct.
Thc minimum radius of curvaturc shall bc not lcss than two hundrcd
c A tangcnt of at lcast onc hundrcd fifty (150) fcct in lcngth shall bc
providcd bctwccn rcvcrsc curvcs.
4 Acccss Strcct
a
Thc minimum right -of -way width shall bc not lcss than sixty (60) fcct.
b. Thc minimum pavcmcnt width shall bc not lcss than thirty -four (34)
fcct, not including curb.
c. Thc maximum gradc shall bc not grcatcr than tcn (10) perccnt.
d
Thc minimum radius of curvaturc shall bc not lcss than onc hundrcd
100) fcct.
A tangcnt of at lcast onc hundrcd (100) fcct in length shall bc providcd
bctwccn rcversc curvcs.
5. Allcys (whcn providcd)
t.
gnt -or -way
y
b. Thc maximum gradc shall bc not grcatcr than tcn (10) perccnt.
6. Pcdcstrian Crosswalk -wavj, whcn rcquircd, shall havc a width of not lcss
than tcn (10) fcct.
7.
Eascmcnt for Utilitics shall havc a width of not lcss than twcnty (20) fcct,
thc lot linc.
K. CUL-DE-SACS.
1. Maximum lcngth shall bc no morc than fivc hundrcd (500) fcct.
2. Minimum diamctcr of thc circular turn- around at thc closcd cnd shall bc
not lcss than nincty (90) fcct.
3. Minimum diamctcr of thc property line at thc closcd cnd shall bc not less
..
4. Standards may bc rcduccd consistcnt with thc Urban Scrviccs Ordinancc
and thc Uniform Firc Codc.
L. INTERSECTIONS.
1. Strcct jogs shall bc avoidcd whcn thc ccntcrlinc off -sct is lcss than two
•
2. No strcct shall intcrscct with anothcr strcct at an anglc lcss than sixty (60)
10
degrees.
at strcct
3. Unless the City Engineer dccms a grcatcr radius necessary, curbs
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M. SIDEWALKS.
land shall
1. Sidcwalks scrving proposcd commercial shopping and retail uscs
fcct in
be not less than tcn (10) width.
buildings, housing, or
2. Sidcwalks scrving proposcd apartment cluster
for homcs bc not less
3. Sidcwalks scrving arcas proposcd single-family shall
- - - - - - - - - - - - - - -
'
;, - - - - • : - ;I - i - . : ; , ; ; 4 ;1 : ii : • :.
forth in Comprehensive Plan Urban
4. Sidcwalks shall bc provided as sct and
Services Ordinance.
N K.. BLOCKS.
1. Maximum length of all blocks shall be approximately twelve hundred
(1200) feet.
2. Minimum length of all blocks shall be approximately five hundred (500)
feet.
3. Crosswalk -ways shall be required near the middle of all blocks longer than
approximately eight hundred (800) feet.
4. Minimum width of all blocks (plus width of alley, if any), shall be two
hundred (200) feet.
e-:L. LOTS.
1. The minimum width, depth, area and setback dimensions of all lots in
proposed subdivisions shall conform with City Zoning Regulations. If any dimension in a plat
is more restrictive than the said Regulations, then the most restrictive dimension shall apply.
P M. BUILDING LINE SETBACK.
1. The building line setback from the property lines of all lots shall be
indicated by a dashed line on all plats.
2. Required setbacks are a minimum, not a uniform standard. Varied
setbacks along a street help avoid a monotonous barracks appearance.
Q N.. STANDARD PIPE SIZE.
The size of water, sanitary and storm sewer pipes shall be as set forth in the
Comprehensive Plan and Urban Services Ordinance.
R O. PROCEDURE FOR REIMBURSEMENT
Procedures for reimbursement shall be the same as that set forth in Section
13.68.140 PAMC.
S P. SIGNAGE One (1) free standing sign no larger than twenty -four (24) squad
feet in area shall be permitted for identification of the subdivision. The sign shall be placed it
a located in conformance with the development standards of a particular zone. (Ord. 2977 §2.
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12/26/97; Ord. 2948 §3 (part) 2/14/97; Ord. 2880 §2 (part) 8/25/95; Ord. 2795 §1, 2/11/94;
Ord. 2743 §2, 1/29/93; Ord. #2732 §16, 12/25/92; Ord. #1881 §1, 6/23/76; Ord. #1631 §5,
11/14/67)
16.08.070 - Requirements for Acceptance of Plats.
A. DATA REQUIRED FOR APPROVAL OF PRELIMINARY PLAT.
The preliminary plat shall be at a scale of not less than two hundred (200) feet to
one (1) inch. Data required for the preliminary plat shall include the following information, unless
otherwise specified by the City Engineer:
1. Location, width and purpose of all easements, existing and proposed.
2. Name and right -of -way widths of all existing and proposed streets on or
adjacent to the proposed subdivision.
3. Approximate location and size of all utilities (water mains, sewers, etc.) on
an adjacent to the proposed subdivision.
4. Contours, based on City adopted vertical datum, shall have intervals of not
more than 5 feet for slopes of 10% or more and not more than two feet for slopes of 10% or less.
5. Locations of and results of tests made to ascertain subsurface soil, rock, and
ground water conditions, when required by the City Engineer.
6. Approximate locations of water courses, marshes, rock outcrops, wooded
areas, natural retention areas, direction of drainage, culverts, houses, all non - residential land uses
and all other significant features on and adjacent to the proposed subdivision.
7. Zoning on and adjacent to the proposed subdivision.
8. All highways or other major improvements planned by public authorities
for future construction on or near the proposed subdivision.
9. A vicinity sketch showing relation of the proposed subdivision to the
surrounding area with regard to major improvements.
10. The legal description of the tract to be platted, title under which the proposed
subdivision is to be recorded, names and addresses of the owners, date, scale, north arrow.
11. The legal description of the proposed lots.
12. Ownership of unsubdivided land adjacent to the proposed subdivision and
names of adjoining existing plats.
13. The required building setbacks shall be shown for each proposed lot as well
as any existing buildings and/or major structures and their distances from property lines.
14. Identification of each lot and each block.
15. Approximate square footage and scaled dimensions of each lot.
16. Summary of site data, including total acreage, acreage in residential use,
acreage in streets, and number of acres in parks and other non - residential land uses.
17. Environmental Checklist with filing fee.
18. Shoreline and Wetland permit applications and Environmentally Sensitive
Areas Protection Ordinance compliance (when required).
19. Affidavits of posting and publication.
12
B. SUBDIVISION IMPROVEMENTS REQUIRED. All roadway and utility
improvements must be designed to comply with the current APWA standards and as specified by
the City Engineer and with the Comprehensive Plan, the Urban Services Ordinance, and the
Urban Services Standards and Guidelines promulgated consistent with and pursuant to PAMC
18.08.040 and 18.08.130 . Plans and specifications for roadway and utility
improvements must be approved by the City Engineer prior to the beginning of construction.
Minimum improvements shall be as follows:
C. STREETS AND ROADWAYS.
1. The entire right -of -way shall be cleared and grubbed of all objectionable
materials. Trees approved for preservation shall be identified.
2. Streets shall be graded and improved with paving, curbs and gutters,
drainage and sidewalks according to the approved plans and roadway section.
3. Street lights shall be installed as specified by the City Engineer.
4. Street name signs shall be provided and installed by the City at cost to the
developer.
5. Permanent monuments shall be installed and each lot shall be staked.
D. UTILITIES. A water distribution system, storm drainage system, electrical
distribution system and a sanitary sewage disposal system shall be designed and installed in
accordance with the Comprehensive Plan and Urban Services Ordinance development standards.
E. PARKS. Parks and recreation shall be provided consistent with the Comprehensive
Plan and Urban Services Ordinance.
F. RECOMMENDED IMPROVEMENTS.
1. Street Trees. Street trees are a protection against excessive heat and glare
and enhance the attractiveness and value of abutting property. The City will assist the subdivider
in location of trees and species to use under varying conditions. It is recommended that trees be
planted inside the property lines where they are less subject to injury, decrease the chance of motor
accidents and enjoy more favorable conditions for growth. If trees are to be planted within a
planting strip in the right -of -way, their proposed locations and species to be used are to be
submitted for review and approval by the City.
G. REQUIRED DATA FOR APPROVAL OF FINAL PLAT. The final plat shall be
an eighteen (18) inch by twenty -four (24) inch permanent reproducible, and shall be at a scale of
not less than two hundred (200) feet to one (1) inch. A reduced copy no larger than 11" x 17" shall
be submitted with the final prints. For large subdivisions, the plat may be on several sheets,
accompanied by an index sheet showing the entire subdivision. The final plat shall be
accompanied by a report containing accurate square footage and dimensions of each lot and block
and the coordinates of each monument; a title report; and shall include a warranty that all
assessments in favor of the City have been paid.
The final plat and survey shall be based on the Washington Coordinate System, North Zone,
as adopted by the City. The final plat shall show the following:
1. A minimum of two permanent plat control monuments with coordinates, to
which all dimensions, bearings, azimuths and similar data on the plat shall be referred.
2. Permanent monuments at all corners.
13
3. Subdivision boundary lines, right -of -way lines, easements, lot lines with
accurate dimensions, bearings or azimuths, radii, central angles, and lengths of all curves.
4. Name and right -of -way width of each street. Any street not dedicated to the
public must be so marked on the face of the plat (RCW 58.17.165).
5. Location, dimensions and purpose of all easements.
6. Identification of each lot and block with addresses shown on the lots.
7. The required building setbacks shall be shown for each proposed lot as well
as any existing buildings and/or major structures and their distances from property lines.
8. Purpose for which sites, other than residential, are dedicated to the public
or reserved for future development.
9. The required building setbacks on each proposed lot.
10. Location and description of all monuments.
11. The title under which the subdivision is to be recorded, true north and grid
north arrows, scale, and legend.
12. Legal description of the land to be platted;
13 The legal description of the proposed lots.
14. Certification by registered land surveyor as to the accuracy of plat and
survey.
15. Certificate by owner(s) containing the legal description of the land to be
platted and dedicating roads, rights -of -way, easements and any sites for public purposes.
16. Certification of approval by: (a) the Planning Commission; (b) City
EnginccrPublic Works Director and Utilities; (c) Health Department (when required); (d) City
Council; (e) City Manager, City Clerk, Fire Chief, Planning Director and City Attorney.
17. Certification by the County Treasurer that all state and county taxes levied
against the land to be subdivided have been paid in full.
18. Certification of filing by County Auditor.
19. If improvements are to be bonded rather than actually installed prior to final
plat approval, the plat shall show a notation as follows: "No occupancy of dwelling units will be
allowed until all roadway and utility improvements have been completed and approved by the City
Engineer." (Ord. 2909 §3, 3/29/96; Ord. 2880 §2, 8/25/95; Ord. 2743 §3,
Section 3. Ordinance 1709, as amended, and Chapters 17.08, 17.15, 17.21,
17.22, 17.24, 17.30, 17.32, 17.34, 17.94, 17.96 of the Port Angeles Municipal Code are hereby
amended by amending PAMC Sections 17.08.010, 17.08.045, 17.15.050, 17.15.080, 17.21.200,
17.22.200, 17.24.200, 17.24.230, 17.30.070, 17.32.070, 17.34.050, 17.34.070, 17.34.020,
17.94.160, 17.96.050, and 17.96.070 to read as follows:
17.08.010 - "A"
A. Accessory Building or Use - one which
is subordinate and incidental to and serves a principal building or principal
use and
27 which is located on the same zoning lot as the principal building or principal
use served. (Ord. 2921 §1, 6/28/96; Ord. 2861 §1 (part), 3/17/95; Ord. 2652 §1 (part), 9/27/91;
Ord. 1709 §1 (part), 12/22/70)
14
B. Accessory Residential Unit - a dwelling unit which
is incidental to a detached single family residence,
27 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. An
accessory residential unit is served by water and electrical service that is separate from the primary
residential service and has a separate address. (Ord. 2861 §1 (part), 3/17/95)
C. Adult Family Home - a one - family dwelling of a person or persons who are
providing personal care, room and board to more than one (1) but not more than six (6) adults who
are not related by blood or marriage to the person or persons providing the services and who are
licensed by the State of Washington pursuant to Chapter 18.48 and Chapter 70.128 RCW (Adult
Family Home regulations). (Ord. 2948 §5 (part), 2/14/97; Ord. 2861 §1 (part), 3/17/95; Ord. 2652
§1 (part), 9/27/91)
D. Alley - a public right of way which provides service access to abutting property.
(Ord. 2861 §1 (part), 3/17/95; Ord. 2652 §1 (part), 9/27/91; Ord. 1709 §1 (part), 12/22/70)
E. Amendment - a change in language of the zoning text which is an official part of
these Zoning Regulations. (Ord. 2861 §1 (part), 3/17/95)
F. 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.
G. Assisted Living Facility or Boarding Home - A residential facility that provides
domiciliary services to three or more persons of the age 65 or more, or less than age 65 who by
reason of infirmity require domiciliary care and who do not require the more intensive care
provided by a nursing home, and that is licensed by the State as a "Boarding Home" pursuant to
chapter 18.20 RCW. (Ord. 2948 §5 (part), 2/14/97; Ord. 2861 §1 (part), 3/17/95; Ord. 2652 §1
(part), 9/27/91; Ord. 1709 §1 (part), 12/22/70) 1/29/93; Ord. 2045 §1, 10/27/79; Ord. 1966 §2,
4/29/78; Ord. 1631 §6, 11/14/67.)
17.15.050 Area and Dimensional Requirements.
A. Minimum Lot Area - 7,000 square feet.
B. Density shall not exceed two (2) dwelling units for the first 7,000 square feet of lot
area plus one (1) dwelling unit for each additional 1,000 square feet of lot area (maximum 38.56
units /acre).
C. Minimum Yard Requirements
1. Front: 25 feet from front lot line.
2. Sides: No structure shall be permitted closer than 7 feet to any side lot line
on the front two thirds of the lot. Detached accessory buildings
only, on the rear one third of the lot may be permitted to within 3
feet of the side line. On corner lots, the side yard abutting a street
shall have a setback of 13 feet unless more is required by Ordinance
No. 1635.
3. Rear: No residential structure shall be permitted within 25 feet of the rear
property line. Detached accessory buildings are permitted not
closer than 10 feet to the rear property line or alley.
D. Maximum Lot Coverage - 30%
15
Peeds7)
E. Maximum Height - 35 feet. (Ord. 2948 §5 (part), 2/14/97; Ord. 2861 §1 (part),
3/17/95; Ord. 2668 §3 (part), 1/17/92; Ord. 2666 §3 (part), 1/17/92; Ord. 2652 §6 (part), 9/27/91;
Ord. 2636 §9 (part), 5/15/91; Ord. 2397 §1 (part), 6/16/86; Ord. 1709 §1 (part), 12/22/70)
17.15.080 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 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 60 -foot vision - obscuring fence or
vegetation on all signs sides adjacent to residentially zoned property. (Ord. 2861 §1 (part),
3/17/95; Ord. 2668 §3 (part), 1/17/92; Ord. 2666 §3 (part), 1/17/92)
17.17.020 Applicability. A Home Occupation 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 17.17.030. (Ord. 2861 §1 (part),
3/17/95; Ord. 2103 §5, 10/18/80)
17.17.050 Application and Notice Procedures. The application for a
Pcrmit for a Home Occupation Permit 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 .
In addition to the notice procedures contained in PAMC 18.02.050, notice shall 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. Labels shall be provided by the applicant.(Ord. 2861
§1 (part), 3/17/95; Ord. 2595 §4, 6/27/90; Ord. 2103 §8, 10/18/80)
17.17.110 Pcrmit Limitations.
A. Once a Conditional.Usc Pcrmit for a Home Occupation Permit 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 Home Occupations
Permits shall not exceed one year, after which time extensions may be granted as provided in
§17.96.070(J7) this Chapter. (Ord. 2861 §1 (part), 3/17/95; Ord. 2595 §4, 6/27/90; Ord. 2103
§16, 10 /18 /80.)
xistmg iiomc ccupa ions.
16
. • ' :
EJsc Pcrmit in accordancc with thc provisions of § :, ..
bc in full forcc.
day period, thc penalties scction of this Chaptcr shall
of Permits for Ilomc Occupations lawfully
B. Timc cxtcnsions Conditional Usc
Ilomc
cstablishcd prior to thc effective datc of this Chapter shall not bc approved unless thc
2861 3/17/95; Ord. 2103
Occupation complies fully with this Chaptcr. (Ord. §1 (part), §16,
10/ 18/80)
17.17.200 Appeals.
A. Any person aggrieved by the decision of the Planning Director may appeal the
decision to the City Council.
B. Appeals shall be submitted to the Planning Department in writing within fifteen
(15) days following the date of the decision.
C. The City Council shall conduct an open record public hearing on the appeal of
the Planning Director's decision with notice being given as set forth in PAMC 17.96.140. The
Council's decision shall be final unless appealed to Clallam County Superior Court in accordance
with PAMC 17.96.150.
17.17.210 Extensions. -
A. Extensions of approved Home Occupation Permits shall be considered in
accordance with the same procedures as for the original permit application and may be granted
for specified or unspecified time periods provided that the following minimum criteria are met:
L. The use complies with the permit conditions; and
2. There have been no significant. adverse changes in circumstances.
B. Upon written request for an extension submitted to the Planning Department prior
to the expiration of the Home Occupation Permit. said Permit shall be automatically extended
for ninety (90) days to allow the City to review and process the extension request.
issued
17.17.300 Revocation of Pcrmit. Any permit pursuant to the terms of this
Chapter may be revoked in accordance with the provisions of Chapter 1, Section 13, Ordinance
No. 2050. (Ord. 2861 §1 (part), 3/17/95; Ord. 2103 §18, 10/18/80)
17.17.310 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 Home Occupation Permit pursuant to the provisions of PAMC 17.17.050. Failure to apply
for and obtain a Home Occupation Permit pursuant to PAMC 17.17.050 shall
subject the person to the penalty specified in Section 17.17.310 A. (Ord. 2861 §1 (part),
3/17/95; Ord. 2103 §19, 10/18/80)
17
17.17.320 Existing Home Occupations.
A. Home Occupations. other than those specifically exempted under PAMC
17.17.030. established prior to the effective date of this Chapter and not having a Home
Occupation Permit in accordance with the provisions of this Chapter shall. within ninety (90)
days after the effective date of this Chapter. initiate a Home Occupation Permit application.
After the ninety -day period.the home occupation shall be considered to be in violation of this
Chapter.
B. Time extensions of Conditional Use Permits for Home Occupation Permits
(awfully established prior to the effective date of this Chapter shall not be approved unless the
Home Occupation complies fully with this Chapter. (Ord. 2861 §1 (part). 3/17/95: Ord. 2103
§16. 10/18/80.
17.18.010 Purpose. The purpose of - - : - :: - :: - :. - . - . : - : . - - this Chapter is
to ensure 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. (Ord. 2861 §1 (part), 3/17/95; Ord. 2636 §4, 5/15/91; Ord. 2483 §1 (part),
3/23/88)
17.18.020 Definitions. A "bed and breakfast" is a single family residence located in a
residential zone, 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. (Ord. 2483 §1 (part), 3/23/88)
17.18.030 Applicability. A Bed and Breakfast Permit in accordance with
the provisions of this Chapter is required for all bed and breakfasts occurring in residential zones.
A Bed and bBreakfast Permit shall be not be required wed uses within commercial zones.
(Ord. 2861 §1 (part), 3/17/95; Ord. 2534 §1 (part), 5/24/89; Ord. 2483 §1 (part), 3/23/88)
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 on -site signs 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 al free - standing signs.
F. All bed and breakfasts shall comply with the applicable local and State Fire and
18
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
5- 8
9 -12
13 - 16
17 -20
21 -24
Min. Lot Area
7,000 sq.ft. (RS -9, 9,000 sq.ft.)
14,000 sq.ft. (RS -9, 18,000 sq.ft.)
28,000 sq.ft.
1 acre
2 acres
4 acres
I. Accessory Activities and Facilities`. Bed and breakfasts shall have the following
minimum lot area in order to provide these activities or facilities:
Activity and/or Facility
Hot tub
Sauna
Swimming Pool
Tennis Court
Other outdoor rec. courts
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
(volleyball, hand ball) 1 acre
2 acres
2 acres
`NOTE: Combination of activities and facilities; e.g., tennis courts and swimming pools, may
require additional lot area beyond the minimum listed; however, the minimum areas are not
additive; e.g., if the bed and breakfast has one acre, it can have a pool and a tennis court. Nor are
these areas additive to the base minimum.
J. Any change in the ownership, structure, or the site plan requires a revised permit.
(Ord. 2861 §1 (part), 3/17/95; Ord. 2666 §2, 1/17/92; Ord. 2534 §1 (part), 5/24/89; Ord. 2483 §1
(part), 3/23/88)
17.18.050 Application and Notice Procedure.
A. The application for a Conditional Usc Pcrmit for a bBed and bBreakfast Permit
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. In addition to the notice procedures
contained in PAMC 18.02.050, notice shall be mailed to the latest recorded real property owner s
within at least 300 feet of the boundary of the site as shown by the records of the County
Assessor. Labels shall be provided by 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.
(Ord. 2483 §1 (part), 3/23/88)
19
17.18.090 Pcrmit Limitations.
A. Once a Conditional Use Bed and Breakfast Permit has been issued for a bcd and
Est, it shall not be transferred to another location.
B. The Bed and Breakfast 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. (Ord. 2483 §1 (part), 3/23/88)
D. The initial time limit for approved Bed and Breakfast Permits shall not exceed one
year, after which time extensions may be granted as provided in this Chapter.
17.18.091 Appeals.
A. Any person aggrieved by the decision of the Planning Director may appeal the
decision to the City Council.
B. Appeals shall be submitted to the Planning Department in writing within fifteen (15)
days following the date of the decision.
C. The City Council shall conduct an open record public hearing on the appeal of the
Planning Director's decision with notice being given as set forth in PAMC 17.96.140. The
Council's decision shall be final unless appealed to Clallam County Superior Court in accordance
with PAMC 17.96.150.
17.18.092 Extensions.
A. Extensions of approved Bed and Breakfast Permits must be submitted in writing
prior to the expiration date of the original permit approval and shall be considered in accordance
with the same procedures as for the original permit application. An extension may be granted for
specified or unspecified time periods, provided that the following minimum criteria are met:
1. The use complies with the permit conditions: and
2. There have been no significant, adverse changes in circumstances.
B. Upon receipt of a written request for extension of a Bed and Breakfast Permit (prior
to expiration of the permit) said permit shall automatically be extended for ninety (90) days to
allow the City time to review and process the request.
17.18.100 Permit Revocation. The Planning Director may immediately revoke, or suspend
or thc permit, or a permit., cithcr thc issuance or the 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. (Ord. 2483 §1 (part), 3/23/88)
17.21.200 Development Standards.
A. Area and Dimensional Requirements:
1. Minimum Lot Area - 7,000 square feet for non - residential uses. Residential
20
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.
1635 for artcrial strccts.
4. Maximum Lot Coverage - 50% of the total site arca.
5. Maximum Height - 30 feet. (Ord. 2861 §1 (part), 3/17/95; Ord. 2797 §3,
2/11/94)
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 that abuts a residential
zoning classification or of any property that has a residential zoning classification. Sc shall
conform to thc rcquircmcnts of Ordinancc No. 1635 for artcrial strccts. No loading structure or
dock with access onto the alley shall be built within 15 feet of an alley. Driveway access onto an
alley shall maintain a vision clearance triangle. The vision clearance triangle shall extend 10 feet
along the alley and 15 feet along the edge of the driveway, measured from the point of intersection
of each side of the driveway and the alley right -of -way line.
4. Maximum Lot Coverage - 50% of the total sitc arca.
5. Maximum Height - 35 feet. (Ord. 2977 §1 (part), 12/26/97; Ord. 2863 §3,
4/14/95; Ord. 2861 §1 (part), 3/17/95; Ord. 2797 §4, 2/11/94)
17.24.200 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: 100% No maximum_
ofRailroad- Avenuc, maximum lot covcragc shall be subjcct to thc rcquircmcnts of the Clallam
County Shorclinc Mastcr Program as adoptcd and amcndcd by thc City of Port Angcics.
21
B. Maximum Building Height: 45 feet except that within the City's shoreline
jurisdiction, maximum height shall be determined by the City's Shoreline Master
Program. Where the Shoreline Master Program does not identify a specific height
limit. maximum building height shall be determined through the shoreline permit
process. In areas outside of the City's shoreline jurisdiction. additional height may
be approved through a conditional use permit process that considers the impacts
upon existing views and solar protection. shadow impacts. and factors such as the
height of the bluff south of First Street.
' --
1. North of Railroad Avcnuc: ,. • =
-- ,
by City's Shorclinc Mastcr Program..
cxccpt that unlcss spccifically rcstrictcd thc
hcight; howcvcr,
2. South of Railroad Avcnuc: Unlimitcd maximum providcd,
fcct bc by C-onditional Use Pcr i` `'-a` co_sidc_s `hc
that additional hcight ovcr 45 shall obtaincd
First Strcct.
of
havc hcight thc
3. Lcascd air rights of way shall thc samc maximum as abutting
ProPertr
bc from
4. Upper floors dcvotcd cxclu3ivcly to public acccss shall cxcmpt
bc bascd thc lot the
5. Hcight calculations shall upon thc cxisting gradc of or
front lin, is highcr. 2861 3/17/95; Ord.
cxisting gradc of the property whichcvcr (Ord. §1 (part),
2303 §1 (part), 7/4/84)
17.24.230 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.
high dcfincd in thc Clallam
C. Dcvclopmcnt abutting thc ordinary watcr mark, as
- -
D. Shorclinc rchabilitation and/or rcconstruction shall providc a rock riprap cdgc and
in Harbor Lcasc bc
E. Dcvclopmcnt occurring arcas ovcr thc watcr shall on picrs and
Clallam County Shorclinc Mastcr Program.
docks that comply with thc rcquircmcnts of thc
is incrcasc
F. Landfill prohibitcd cxccpt to public acccss to thc shorclinc and shall
Clallam County Shorclinc Mastcr Program by thc City Port Angckk
comply with thc as adoptcd of
hcrcaftcr
and amcndcd.
GC. 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. (Ord. 2861
§1 (part), 3/17/95; Ord. 2303 §1 (part), 7/4/84)
17.26.010 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
22
the diversity of retail stand activity. (Ord. 2861 §1 (part), 3/17/95; Ord. 2596 §1, 6/27/90; Ord.
2471 §1, (part), 1/1/88)
17.26.030 Conditional—Use Retail Stand Permit Required. No retail stand shall be
permitted in the City of Port Angeles unless a Retail Stand Conditional Use Permit is approved
pursuant to, and in compliance with, the provisions of this Chapter. (Ord. 2861 §1 (part), 3/17/95;
Ord. 2471 §1, (part), 1/1/88)
17.26.065 Right -of -Way Use Fee. In addition to the Conditional Usc Retail Stand Permit
fee, retail stands that are to be located within City right -of -way shall also be required to pay to the
City of Port Angeles an annual rental fee in the amount set forth in PAMC 3.70.040, which shall
be paid prior to initial occupancy on a pro -rata basis for use beginning during the calendar year and
shall be paid on January 1st of each calendar year thereafter. (Ord. 2883 §1, 9/15/95)
17.26.070 Application and Notice Procedure. Applications for new Retail Stand
Conditional -Use Permits shall be considered starting in February of each year. In addition to the
notice procedures contained in PAMC 18.02.050, notice shall be mailed to the latest recorded
real property owners within at least 300 feet of the boundary of the site as shown by the record s
of the County Assessor. Labels shall be provided by the applicant. The application for a Retail
Stand 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 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. (Ord. 2861 §1 (part), 3/17/95; Ord. 2596
§4, 6/27/90; Ord. 2471 §1, (part), 1/1/88)
17.26.100 Pcrmit Limitations.
A. A Retail Stand Permit may not be transferred to another person or
to a location other than that stated on the permit.
B. Each A permit shame for a retail stand located in a public right -of -way shall be
23
approved for a period not to exceed eight () months, [
bc rcncwcd by cxtcnsion of an approved CUP. Prcfcrcncc may bc given to a renewal cxtcnsion
] (Ord. 2861 §1
(part), 3/17/95; Ord. 2596 §5, 6/27/90; Ord. 2471 §1, (part), 1/1/88).
C. A permit for a retail stand located on private property shall be approved for an initial
period of time not to exceed one (1) year.
17.26.110 Permit Revocations. 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 to 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 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.(Ord. 2861 §1 (part), 3/17/95; Ord. 2596 §6, 6/27/90; Ord. 2471 §1, (part),
1/1/88)
17.26.130 Appeals.
A. Any person aggrieved by the decision of the Planning Director may appeal the
decision to the City Council.
B. Appeals shall be submitted to the Planning Department in writing within fifteen (15)
days following the date of the decision.
C. The City Council shall conduct an open record public hearing on the appeal of the
Planning Director's decision with notice being given as set forth in PAMC 17.96.140. The
Council's decision shall be final unless appealed to Clallam County Superior Court in accordance
with PAMC 17.96.150.
247 D. The retail stand shall be removed and shall not be operated during the appeal
process.
(part), 3/17/95; Ord. 2596 §7, 6/27/90; Ord. 2471 §1, (part), 1/1/88).
(Ord. 2861 §1
17.26.135 Renewals.
A. Renewals of approved permits shall be considered in accordance with the same
procedures as for the original permit application, 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. Permits for a retail stand located in a public right -of -way shall be granted on an
24
annual basis.
C. Permits for a retail stand located on a private property may be granted for a period
Df one (1) to five (5) years.
D. Preference may be given to a renewal request before a new application for that retail
stand location shall be considered.
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 detached signs shall
not exceed -4 6 square feet in area.
D. Signs may be lighted, but not intermittent or flashing.
E. Sign arca shall bc calculatcd by circumscribing thc cxtcrior limits on thc mass of
each display crcctcd on onc sign structure with a circle, triangle, or quadrangle connecting all
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 6 square feet in area.
D. Signs may be lighted, but not intermittent or flashing.
E. Sign arca shall bc calculatcd by circumscribing thc cxtcrior limits on thc mass of
cach display erected on onc sign structure with a circle, triangle, or quadrangle connecting all
§1 5/30/86; Ord. 2329 §1 (part), 3/11/85)
17.34.010 Purpose. M -2 I I Zone - This is the least restrictive industrial zone intended to
be the area in which heavy industry could develop causing the least impact on other land uses.
(Ord. 2861 §1 (part), 3/17/95; Ord. 2668 §6 (part), 1/17/92)
17.34.020 Permitted Uses.
A. Automobile body, fender, laundry, paint shops and wrecking yards.
B. Bakeries, wholesale.
C. Battery rebuild, tire repair & recapping.
25
D. Boiler works.
E. Book, newspaper & magazine printing & publishing.
F. Bottling plants, creameries.
G. Cabinet and carpenter shops.
H. City pound.
I. Draying, freight & trucking yards and terminals.
J. Dry cleaning: clothes, carpets, rugs, laundries.
K. Night club, pool hall, dance hall, boxing arena, penny arcade, shooting gallery or
similar amusement enterprise.
L. Railroad yard or roundhouse.
M. Sawmills, paper mills, pulp mills.
N. Ship building, storage, repair, boat havens, marinas.
O. Storage yards; building materials, tractors, trucks, boats, equipment.
P. Transportation or freight terminal.
Q. Truck, trailer, motorcycle, repairing, overhauling, rental, sales.
R. Utility buildings and structures.
S. Veterinary or pet shop hospital, kennel and hatchery.
T. Warehousing, distributing plants.
U. Wood products manufacture.
V. Manufacturing, processing, packing, storage of:
1. alcohol
2. brick, tile or terra -cotta
3. brooms, brushes
4. celluloid or similar cellulose materials
5. cloth, cord or rope
6. concrete
7. electrical products and appliances
8. food and food products
9. kelp reduction
10. lumber
11. machinery
12. paper and pulp
13. prefabricated buildings
14. signs, all types
15. salt works
16. vegetable or other food oil. (Ord. 2861 §1 (part), 3/17/95; Ord. 2668 §6
(part), 1/17/92; Ord. 1709 §1 (part), 12/22/70)
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.
commcrcial zoncs shall be providcd consistcnt with the Comprchcnsivc Plan. Unless deemed by
the City to be impractical, ineffective; or unnecessary, buffers shall be provided between industrial
and other uses in order to mitigate nuisance and hazardous characteristics such as noise. particulate
•
•
26
matter in the air, water or odor pollution, objectionable visual material, or other such impacts.
(Ord. 2861 §1 (part), 3/17/95; Ord. 2837 §4 ,9/30/94; Ord. 2668 §6 (part), 1/17/92; Ord. 1709 §1
(part), 12/22/70)
17.34.070 Signs Permitted.
A. Maximum sign area: 400 square feet.
C. Intermittent or flashing types are prohibited.
G B. Maximum height: 35 feet, 400 sq. ft. in arca. (Ord. 2668 §6 (part), 1/17/92; Ord.
1709 §1 (part), 12/22/70).
17.94.160 Exempt Signs. The following signs are hereby exempt from signage
requirements in all zones:
A. Official signs- Official traffic signs, directional signs, community identification
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 (7) days from the date of closing. (Ord.
3007 §5 (part), 1/15/99; Ord 2668 §10 (part), 1/17/92; Ord. 1709 §1 (part), 12/22/70)
17.96.050 Conditional Use Permit
A. The Planning Commission shall consider applications for
Conditional Use Permits of uses as specified in the applicable Chapter of the Zoning Regulations.
The Planning Commission or Planning Dircctor 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
or Planning Dircctor 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 Dircctor may impose
whatever restrictions or conditions they consider 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.
27
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. (Ord. 2861 .§1 (part), 3/17/95; Ord. 2668 §12 (part), 1/17/92; Ord. 1709 §1
(part), 12/22/70)
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 a Conditional or Unclassified
Use Permit, the Planning Commission shall give public notice, as provided in PAMC17.96.140,
of the intention to consider at a public hearing the granting of the a Conditional or Unclassified Use
Permit; provided, however, that Conditional Usc Pcrmits for bcd and breakfasts, home
occupations, and retail stands shall be considered by the Planning Dircctor in accordancc with
Chapters 17.18, 17.17, and 17.26.
The Planning Commission's decision shall be final unless appealed
to the City Council.
B. Decisions. Conditional or Unclassified Use Permit decisions issued by the Planning
Commission, Planning Dircctor, 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 A 14 -day appeal period shall
commence upon such adoption. On the next business day following the effective date of the
decision, or as soon thereafter as practicable, 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 and shall place a legal notice of decision in the local newspaper.
C. Appeals.
1. Any person aggrieved by the decision of the Planning Commission or
Pianftiftg-Direefor-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 commission's decision
Thee`__ . ccis __ with notice being given as set forth in PAMC 17.96.140. The Council's
decision shall be final unless appealed to Clallam County Superior Court in accordance with
PAMC 17.96.150.
D. Requests for Exceptions. All applications for cxccptions from thcsc Zoning
ED. 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.
EE. Extensions of Approved Conditional Use Permits. Extensions of those previously
28
approved Conditional Use Permits that have specified time periods of authorization shall be
considered in accordance with the same procedures 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. (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)
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.
GE 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.
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
cxpiration of thc conditional use permit, said conditional ttsc permit
extended for nincty days to allow thc City adcquatc timc to rcvicw thc cxtcnsion rcqucst.
Section 4. 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 5. This Ordinance shall take effect five days after the date of publication.
29
PASSED by the City Council of the City of Port Angeles at a regular meeting of said
ouncil held on the 18 day of January , 2000.
ATTEST:
Becky J.
ty Cle
AP OVED AS TO FORM:
IL 14 6,i
C aig D. Knutson, City AttorAey
add &411:1
PUBLISHED: January 23, 2000
By Summary
30
G: \GROUP\ATTYCLRK \PLANNING \HSKP. W PD
Summary of Ordinance Adopted by the
Port Angeles City Council
on January 18. 2000
Ordinance No. 3042
This Ordinance of the City of Port Angeles makes amendments to the City's land use
ordinances by revising the permitting process for home occupations, bed and
breakfast uses within residential areas, and retail stand uses, eliminates confusing and
unnecessary wording found throughout the zoning ordinance, clarifies permitted uses
and buffer and signage requirements within the Industrial Heavy zone, and clarifies
the improvement requirements for short subdivisions and subdivisions, including
street improvement and bonding requirements, amends Ordinances 1709, 1631, and
2222, as amended, and amends Chapters 16.04, 16.08, 17.08, 17.15, 17.17, 17.21,
17.22, 17.24, 17.30, 17.32, 17.34, 17.94, and 17.96 of the Port Angeles Municipal
Code.
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.
Becky J. Upton
City Clerk
Publish: January 23, 2000