HomeMy WebLinkAbout3053ORDINANCE NO. 3053
AN ORDINANCE of the City of Port Angeles, Washington, amending the
Zoning Code's animal husbandry regulations by defining and exempting
"house pets ", by increasing from two (2) to three (3) the number of dogs
and cats allowed to be kept outdoors without being subject to the zoning
regulations governing kennels, by defining and permitting "noncom-
mercial animal husbandry" as an accessory use in the RS9 single family
residential zone and prohibiting it in other zones, by conditionally
permitting "commercial animal husbandry" and "kennel" in limited
commercial and industrial zones, and by eliminating cows as part of a
private stable accessory use in the RS9 zone, and amending Ordinance
1709 as amended and Chapters 17.08, 17.11, and 17.34 of the Port
Angeles Municipal Code.
THE CITY COUNCIL OF THE CITY OF PORT ANGELES DOES HEREBY ORDAIN
as follows:
Section 1. Ordinance 1709 as amended and Chapter 17.08 of the Port Angeles Municipal
Code are hereby amended by amending PAMC 17.08.010, 17.08.035, 17.08.045, 17.08.060, and
17.08.095 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 which is located on the same zoning lot as the principal
building or principal use served. (Ord. 3042 §3 (part) 1/28/00; 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)
B. Accessory Residential Unit - a dwelling unit which is incidental to a detached
single family residence, is subordinate in space (i.e., fifty percent or less space than the single family
residential use), and 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. 3042 §3 (part) 1/28/00; 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. Animal Husbandry. Commercial - the care and raising of animals. particularly farm
animals. for agricultural or other commercial purposes. provided that this shall not include
noncommercial animal husbandry. private horse stables. up to three dogs and cats which are not
house pets, or house pets.
a_ Animal Husbandry. Noncommercial - the care and raising of animals for
noncommercial purposes. provided that this shall not include private horse stables. kennels. up to
three dogs and cats which are not house pets. or house pets.
F-H. 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.
6_:I. 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)
17.08.035 - "F"
A. Family - one person or two or more legally related persons living together, or not
more than six unrelated persons living together as a single, nonprofit, housekeeping unit; provided
that there shall not be more than four unrelated persons living together with legally related persons
as a single, nonprofit, housekeeping unit. (Ord. 2652 §1 (part), 9/27/91)
B. Family Day -Care Home - a family day -care home regularly provides day -care
during part of the 24 -hour day to 12 or fewer children, incidental to a primary residential use. (Ord.
2652 §1 (part), 9/27/91)
C. Farming. Commercial - the planting and cultivating of crops for agricultural or
other commercial purposes. provided that this shall not include private gardening.
6:D. Fence - that which is built, constructed, or grown, or composed of parts joined
together of material in some definite manner in which the prime purpose is to separate and divide,
partition, enclose, or screen a parcel or parcels of land. (Ord. 2652 §1 (part), 9/27/91; Ord. 1709
§1 (part) 12/22/70)
D E. Fuel yard or bulk plant - that portion of a property where flammable or
combustible liquids are received by tank vessel or tank vehicle and are stored or blended in bulk for
the purpose of distributing such liquids by tank vessel, tank vehicle, portable tank or container for
subsequent resale and not to the consuming public. (Ord. 2999 §2 (part), 9/11/98)
17.08.045 - "H"
A. Hedge - the special application of shrubs or other plants that have been planted
close together so that they form a thicket and an unbroken line, acting as a space boundary or
creating a visual screen. An individual tree cannot be a hedge by itself. (Ord. 2954 §1, 3/28/97)
B. Height - total distance in feet from average ground elevation at perimeter walls
to top of sign or structure, except that television antennae, roof mounted mechanical equipment, and
other appurtenances are exempt from height requirements. (Ord. 2954 §1, 3/28/97; Ord. 2742 §1,
1/29/93; Ord. 2652 §1 (part), 9/27/91; Ord. 1709 §1 (part), 12/22/70)
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C. Home Occupation - is an occupation or business activity which results in a product
or service, is conducted in whole or in part in the dwelling unit, and is clearly incidental and
subordinate to the residential use of the property. (Ord. 2954 §1, 3/28/97; Ord. 2861 §1 (part),
3/17/95; Ord. 2652 §1 (part), 9/27/91; Ord. 2265 §1 (part), 9/19/83; Ord. 2103 §1, 10/18/80; Ord.
1709 §1 (part), 12/22/70)
D. Hospital - an institution specializing in giving clinical, temporary and emergency
services of a medical or surgical nature to human patients and licensed by Washington State Law.
(Ord. 2954 §1, 3/28/97; Ord. 2652 §1 (part), 9/27/91; Ord. 1709 §1 (part), 12/22/70)
E. Hospital, Mental - (Including treatment of alcoholics) - an institution licensed by
Washington State Agencies under provisions of law to offer facilities, care, and treatment for cases
of mental and nervous disorders and alcoholics. (Ord. 2954 §1, 3/28/97; Ord. 2652 §1 (part),
9/27/91; Ord. 1709 §1 (part), 12/22/70)
F. House Pets - domestic animals such as dogs, cats, fish, birds, rodents, and reptiles,
which sleep and are primarily housed in a dwelling unit together with their owners.
17.08.060 - "K"
A. Kennel - a place where tierce (3) four (4) or more dogs or cats, four (4) months old
or older, or any combination of such dogs and cats, are kept, whether by the owners of the dogs and
cats or by persons providing facilities and care, whether for compensation or not-,. Provided that
this the number of dogs and cats counted shall not include house pets. (Ord. 2861 §1 (part),
3/17/95; Ord. 2652 §1 (part), 9/27/91; Ord. 1709 §1 (part), 12/22/70)
B. Kitchen - a room or space which is constructed or equipped to facilitate the
washing, cooking, and storing of food; kitchen facilities include plumbing for sinks and electrical
wiring for ovens and stoves. (Ord. 2861 §1 (part), 3/17/95)
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. (Ord. 3007 §5 (part), 1/15/99)
D. 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. 3007 §5 (part),
1/15/99; Ord. 2666 §1 (part), 1/17/92; Ord. 1709 §1 (part), 12/22/70)
E. Sign, Area - the area of a sign shall be the sum of each display surface
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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 display. (Ord. 3007 §5 (part),
1/15/99; Ord. 2948 §5 (part), 2/14/97)
F. 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. 3007 §5 (part),
1/15/99; Ord. 2948 §5 (part), 2/14/97; Ord. 2666 §1 (part), 1/17/92; Ord. 1709 §1 (part),
12/22/70)
G. Sign, Billboard - an outdoor advertising display, structure or sign, over 250
square feet in area, attached or detached, lighted or unlighted. (Ord. 3007 §5 (part), 1/15/99;
Ord. 2948 §5 (part), 2/14/97; Ord. 2666 §1 (part), 1/17/92; Ord. 1709 §1 (part), 12/22/70)
H. 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. 3007 §5 (part), 1/15/99; Ord.
2948 §5 (part), 2/14/97; Ord. 2666 §1 (part), 1/17/92; Ord. 1709 §1 (part), 12/22/70)
I. 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. 3007 §5
(part), 1/15/99; Ord. 2948 §5 (part), 2/14/97; Ord. 2666 §1 (part), 1/17/92; Ord. 1709 §1
(part), 12/22/70)
J. 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. 3007 §5 (part), 1/15/99; Ord. 2948 §5 (part), 2/14/97; Ord. 2666 §1
(part), 1/17/92; Ord. 1709 §1 (part), 12/22/70)
K. 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. 3007 §5
(part), 1/15/99; Ord. 2948 §5 (part), 2/14/97; Ord. 2666 §1 (part), 1/17/92; Ord. 1709 §1
(part), 12/22/70)
L. 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. 3007 §5 (part), 1/15/99; Ord. 2948 §5 (part),
2/14/97; Ord. 2666 §1 (part), 1/17/92; Ord. 1709 §1 (part), 12/22/70)
M. Single Family Residence - one detached dwelling on an individual lot for
occupancy by one family. (Ord. 3007 §5 (part), 1/15/99; Ord. 2948 §5 (part), 2/14/97; Ord.
2796 §5, 2/11/94)
N. Stable, Private Horse - a detached accessory building in which only the
horses anodes owned by the occupants of the premises are kept, and in which no horses
ancFmws-are kept for hire, remuneration, or sale. (Ord. 3007 §5 (part), 1/15/99; 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)
O. Stand - a structure for the display and sale of products, with no space for
customers within the structure itself. (Ord. 3007 §5 (part), 1/15/99; 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)
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P. 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. 3007 §5 (part), 1/15/99; 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)
Q. Street - a public right -of -way which affords a primary means of access to
abutting property. (Ord. 3007 §5 (part), 1/15/99; 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)
R. Street Right -of -Way Line - the boundary line between a street and abutting
property. (Ord. 3007 §5 (part), 1/15/99; 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)
S. Structure - anything constructed in the ground, or anything erected which
requires location on the ground or water, or is attached to something having location on or
in the ground or water, but not including fences or walls used as fences six feet or less in
height. (Ord. 3007 §5 (part), 1/15/99; 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)
T. 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. 3007 §5 (part), 1/15/99; 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)
U. Subordinate - less important than and secondary to a primary object,
usually in these Zoning Regulations referring to an accessory use. (Ord. 3007 §5 (part),
1/15/99; Ord. 2948 §5 (part), 2/14/97; Ord. 2921 §2, 6/28/96; Ord. 2861 §1 (part), 3/17/95)
V. 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. 3007 §5 (part), 1/15/99; Ord. 2948 §5 (part), 2/14/97; Ord. 2861 §1 (part), 3/17/95)
Section 2. Ordinance 1709 as amended and Chapter 17.11 of the Port Angeles
Municipal Code are hereby amended by amending PAMC 17.11.030 to read as follows:
17.11.030 Accessory Uses.
A. Garages and carports.
B. Greenhouses, gazebos, storage sheds, and similar accessory structures.
C. Noncommercial animal husbandry. provided that:
L Hoofed animals are housed no closer than 100 feet from any
property line.
2. A minimum of 1 acre per hoofed animal is maintained.
1 A minimum 5 -foot high fence is installed on property lines.
4. Other animals are housed no closer than 25 feet from any property
line.
&F. Swimming pools and cabanas.
DE. Private television satellite reception dishes.
E713. Private horse stables, provided that:
1. Stables are constructed no closer than 100 feet to from any
property line.
2. A minimum area of 1 acre per horse or-eow is maintained.
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3. A minimum of 5 -foot high fence is installed on property lines.
F:G. Other accessory uses determined by the Planning Director to be
compatible with the intent of this Chapter. (Ord. 2921 §4, 6/28/96; Ord. 2861 §1 (part),
3/17/95; Ord. 2385 §2 (part), 5/28/86; Ord. 1709 §1 (part), 12/22/70)
Section 3. Ordinance 1709 as amended and Chapter 17.34 of the Port Angeles
Municipal Code are hereby amended by amending PAMC 17.34.020 to read as follows:
17.34.020 Permitted Uses.
A. Automobile body, fender, laundry, paint shops and wrecking yards.
B. Bakeries, wholesale.
C. Battery rebuild, tire repair & recapping.
D. Boiler works.
E. Book, newspaper & magazine printing & publishing.
F. Bottling plants, creameries.
G. Cabinet and carpenter shops.
H. City pound.
I. 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 hospital clinics, offices, and kennels and hatehery.
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
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13. prefabricated buildings
14. signs, all types
15. salt works
16. vegetable or other food oil. (Ord. 3042 §3 (part) 1/28/00 Ord. 2861
§1 (part), 3/17/95; Ord. 2668 §6 (part), 1/17/92; Ord. 1709 §1 (part), 12/22/70)
Section 4 - Severability. If any provisions of this Ordinance, or its application to
any person or circumstance, is held invalid, the remainder of the Ordinance, or application
of the provisions of the Ordinance to other persons or circumstances, is not affected.
Section 5 - 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 6TH day of JUNE , 2000.
ATTEST:
Becky J. U •Son, ty Clerk
APPROVED AS TO FORM:
r
Craig D. Ki son, City Attorney
PUBLISHED: JUNE 11, 2000
By Summary
A: \2000- 10.ord.wpd
May 11, 2000
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Summaries of Ordinances Adopted by the
Port Angeles City Council
on June 6, 2000
Ordinance No. 3052
This Ordinance of the City of Port Angeles amends the City's Shoreline Master
Program by revising the definition of "conditional use" and by increasing the
allowable height for covered moorage facilities from 20 feet to 30 feet and
amends Ordinance No. 2033, as amended, and Chapter 15.08 of the Port Angeles
Municipal Code.
Ordinance No. 3053
This Ordinance of the City of Port Angeles amends the Zoning Code animal
husbandry regulations by defining and exempting "house pets ", by increasing
from two (2) to three (3) the number of dogs and cats allowed to be kept outdoors
without being subject to the zoning regulations governing kennels, by defining
and permitting "noncommercial animal husbandry" as an accessory use in the
RS9 single family residential zone and prohibiting it in other zones, by
conditionally permitting "commercial animal husbandry" and "kennel" in limited
commercial and industrial zones, and by eliminating cows as part of a private
stable accessory use in the RS9 zone, and amends Ordinance No. 1709, as
amended, and Chapters 17.08, 17.11, and 17.34 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