HomeMy WebLinkAbout3089ORDINANCE NO. 3089
AN ORDINANCE of the City of Port Angeles, Washington, regulating
wireless telecommunication towers and facilities within the City,
establishing definitions, standards, and criteria for such facilities,
amending Ordinance 1709 as amended, and amending Chapter 17.08 and
adopting Chapter 17.52 of the Port Angeles Municipal Code.
THE CITY COUNCIL OF THE CITY OF PORT ANGELES DOES HEREBY ORDAIN
s follows:
Section 1. Ordinance 1709 as amended and Title 17 of the Port Angeles Municipal Code
ire hereby amended by adopting a new Chapter 17.52 of the Port Angeles Municipal Code to
ead as follows:
CHAPTER 17.52
WIRELESS TELECOMMUNICATIONS TOWERS AND FACILITIES
ections:
17.52.010 Findings
17.52.015 Purposes
17.52.020 Exemptions
17.52.025 Development of Towers
17.52.030 Setbacks
17.52.035 Structural Requirements
17.52.040 Separation or Buffer Requirements
17.52.045 Method of Determining Tower Height
17.52.050 Illumination
17.52.055 Exterior Finish
17.52.060 Landscaping
17.52.065 Telecommunications Facilities on Towers and Antenna Support Structures
17.52.070 Modification of Towers
17.52.075 Certification and Inspections
17.52.080 Maintenance
17.52.085 Criteria for Development Modifications
17.52.090 Abandonment
17.52.095 Temporary Wireless Service Facility
17.52.010 - Findings.
A. The Communications Act of 1934 as amended by the Telecommunication Act of
996 ( "the Act ") grants the Federal Communications Commission (FCC) exclusive jurisdiction
ver:
1. The regulation of the environmental effects of radio frequency (RF)
emissions from telecommunications facilities; and
2. The regulation of radio signal interference among users of the RF
spectrum.
B. The City's regulation of wireless telecommunications towers and facilities in the
ity will not have the effect of prohibiting any person from providing wireless
elecommunications services in violation of the Act.
17.52.015 - Purposes.
A. The general purpose of this Ordinance is to regulate the placement, construction,
nd modification of wireless telecommunications towers and facilities in order to protect the
ealth, safety, and welfare of the public, while at the same time encouraging the development of
he competitive wireless telecommunications marketplace in the City.
B. The specific purposes of this Ordinance are:
1. To allow the location of wireless telecommunication towers and facilities
in the City;
2. To protect residential zones from potential adverse impact of towers and
telecommunications facilities;
3. To minimize adverse visual impact of towers and telecommunications
facilities through careful design, siting, landscaping, and innovative
camouflaging techniques:
4. To promote and encourage shared use /co- location of towers and antenna
support structures as a primary option rather than construction of
additional single -use towers;
5. To promote and encourage utilization of technological designs that will
either eliminate or reduce the need for erection of new tower structures to
support antenna and telecommunications facilities;
6. To avoid potential damage to property caused by towers and
telecommunications facilities by ensuring such structures are soundly and
carefully designed, constructed, modified, maintained, and removed when
no longer used or are determined to be structurally unsound; and
7. To ensure that towers and telecommunications facilities are compatible
with surrounding land uses.
8. To overcome the potential adverse impacts that poorly or unregulated
telecommunications facilities could have on the public health, safety and
welfare.
17.52.020 - Exemptions.
The following shall be considered exempt structures or activities under this Chapter:
A. Parabolic or other similar antenna 39.37 inches (1 meter or less) diameter or less
regardless of zone.
B. Parabolic or other similar antennas 78.74 inches (2 meters) in diameter or less
located in nonresidential zones.
C. Panel, wave, or other similar antennas 10 square feet or less regardless of zone.
D. Whip or other similar antennas 6' in height and up to 2" in diameter.
E. Antennas designed to receive local television broadcast signals regardless of zone
category.
F. Low - powered networked telecommunications facilities such as microcell radio
transceivers located on existing utility poles and light standards within public
right -of -way. Low - powered, networked telecommunications facilities shall
comply with Chapter 11.14 PAMC.
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G. Send and receive citizen band radio antennas or antennas operated by federally
licensed amateur ( "ham ") radio operators.
H. Industrial, scientific and medical equipment using frequencies regulated by the
FCC.
I. Military, federal, state and local government communication towers used for
navigational purposes, emergency preparedness, and public safety purposes.
J. Normal, routine, and emergency maintenance and repair of existing wireless
communications facilities and related equipment which do not increase the size,
footprint, or bulk of such facilities and which otherwise comply with city, state,
and federal law and regulations.
K. Cell on Wheels (COW), which are permitted as temporary testing uses in
nonresidential areas of the City for a period not to exceed 30 days, or in
residential areas for a period not to exceed one day, or during a period of
emergency as declared by the City.
17.52.025 - Development of Towers.
A. Towers may be located in any zone with approval of an unclassified use permit
(UUP). Co- location shall be given first priority and may be required. The use of
public properties shall be subject to approval by the City and the City's
determination that the public's intended use of the site will not be unreasonably
hindered. Application for an unclassified use permit shall be made to the
Department of Community Development in the manner provided in this Chapter.
An application to locate a new tower shall be accompanied by technical
information identifying and documenting the need for such a location per Section
17.52.025C PAMC.
B. Towers may not exceed the maximum height allowed for structures in any
residential zone unless a modification has been approved per Section 17.52.085
PAMC. Towers shall be permitted to a height of 60 feet in commercial zones
except in the Central Business District zone where the maximum height allowed
shall be 45 feet. In industrial, public buildings and parks, and forest lands zones,
towers shall be permitted to a height of 60 feet, and towers may be permitted in
excess of 60 feet to a height of 120 feet in accordance with a modification
approved per Section 17.52.085 PAMC.
C. An application to develop a new tower shall be by unclassified use permit and
shall include the following information:
1. The name, address, and telephone number of the owner and lessee of the
parcel of land upon which the proposed tower is to be situated. If the
applicant is not the owner of the parcel of land upon which the proposed
tower is to be situated, the written consent of the owner shall be evidenced
in the application. If the applicant is not the owner of the property, a copy
of the preliminary lease agreement is required to be provided with the
application. A copy of the final agreement shall be submitted prior to
issuance of a building permit for the structure.
2. The legal description, parcel number, and address of the parcel of land
upon which the proposed tower is to be situated.
3. The names, addresses, and telephone numbers of all owners of other
towers or antenna support structures, capable of supporting the applicant's
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telecommunications facilities, within 300 feet of the proposed tower site,
including City -owned property.
4. A description of the design plan proposed by the applicant in the City.
Applicant must identify whether or not it is utilizing the most compact, or
least obtrusive, technological design, including microcell design, as part
of the design plan. The applicant must demonstrate the need for the
proposed tower and why design alternatives, such as the use of microcell,
cannot be utilized to accomplish the provision of the applicant's
telecommunications services.
5. An affidavit shall be submitted attesting to the fact that the applicant made
diligent efforts to obtain permission to install or co- locate the proposed
telecommunications facilities on existing towers or antenna support
structures located within a one -half mile radius of the proposed tower site,
but, due to physical, economic, or technological constraints, no such
existing tower or antenna support structure is available or feasible.
6. Written technical evidence from an engineer(s) of the tower's capability
of supporting additional telecommunications facilities comparable in
weight, size, and surface area to the telecommunications facilities
installed by the applicant on the proposed tower.
7. A written statement from an engineer(s) that the construction and
placement of the proposed tower and telecommunications facilities will
not interfere with public safety communications and the usual and
customary transmission or reception of radio, television, or other
communications services enjoyed by adjacent residential and
non - residential properties.
8. It shall be a condition of the UUP approval that certification by the
applicant will meet the standards set forth in Section 17.52.035,
"Structural Requirements."
9. A written statement by the applicant stating the tower and
telecommunications facilities will comply with all FAA regulations and
EIA Standards and all other applicable federal, state and local laws and
regulations.
10. A written statement by the applicant that the tower will accommodate
co- location of additional antennas for future users at a reasonable, market -
based cost. If accommodation of future co- location is not proposed,
information must be submitted with the application detailing why future
co- location is not possible.
11. In order to assist the Department of Community Development and
Planning Commission in evaluating visual impact, the applicant shall
submit color photo - simulations showing the proposed site with a
photo- realistic representation of the proposed tower and
telecommunications facilities as it would appear viewed from the closest
residential property and from adjacent roadways.
12. The City may require a qualified, independent third -party review (by a
City- approved consultant) to validate and review the technical
information contained in the application submittals. The cost of such
review shall be borne by the applicant.
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13. The Act gives the FCC sole jurisdiction of the regulation of RF emissions
and does not allow the City to condition or deny on the basis of RF
impacts the approval of any telecommunications facilities (whether
mounted on towers or antenna support structures) which meet FCC
standards. In order to provide information to its citizens, the City shall
make available upon request copies of ongoing FCC information and RF
emission standards for telecommunications facilities transmitting from
towers or antenna support structures. Applicants shall be required to
submit information on the proposed power density of their proposed
telecommunications facilities and demonstrate how this meets FCC
standards.
14. At the time of site selection, the applicant shall demonstrate how the
proposed site fits into its overall telecommunications network within the
City. This shall include a service area coverage chart for the proposed
tower and telecommunications facilities that depicts the extent of
coverage and corresponding signal quality at the proposed tower height
and at least one height lower than that proposed.
15. A preliminary construction schedule and completion date.
16. Copies of any environmental documents required by any federal, state, or
local agency, if available. These shall include the environmental
assessment required by FCC Para. 1.1307, or, in the event that a FCC
environmental assessment is not required, a statement that describes the
specific factors that obviate the requirement for an environmental
assessment.
17. A full site plan shall be required for all towers, showing the location, the
specific placement of the tower on the site, the type and height of the
proposed tower, on -site land uses and zoning, adjacent land uses and
zoning, adjacent roadways, proposed means of access, setbacks from
property lines, elevation drawings of the proposed facility, the location of
existing structures, trees, and other significant site features, the type and
location of plant materials used to screen the facility, fencing, proposed
color(s), and any other proposed structures.
18. Applicants for new communications towers shall contact all law
enforcement, fire, and other public safety and emergency services
agencies within the City prior to application submittal to determine
whether or not the agencies are interested in co- location and, if so, what
the agencies specifications are. If any such agency decides to co- locate,
then any new towers approved under this Chapter shall be designed for,
and the owner shall not deny, co- location.
D. The City shall review applications in a prompt manner and all decisions shall be
made in writing and setting forth the reasons for approval or denial.
E. Decisions on unclassified use permits require a public hearing. The public hearing
shall be conducted before the Planning Commission following which the Planning
Commission shall render a decision supported by findings of fact and conclusions
of law. Appeal of the Planning Commission's decision must be submitted within
14 days to the Department of Community Development for consideration by the
City Council.
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17.52.030 - Setbacks.
A. Setback requirements for towers shall be measured from the base of the tower to
the property line of the parcel of land on which it is located.
B. Setback requirements may be modified, as provided in Section 17.52.085 PAMC,
when placement of a tower in a location which will reduce the visual impact can
be accomplished. For example, adjacent to trees, which may visually hide the
tower.
C. Unless exempt from Section 17.52.020 PAMC, telecommunications facilities
shall be setback at least 25 feet from each lot line. The Community Development
Director may grant a waiver of up to 25 percent of the setback requirement if it
is determined that significant trees and other vegetation will be retained by
reducing the setback.
D. Towers in excess of 60 feet in height shall be set back one (1) additional foot per
each foot of tower height in excess of 60 feet.
17.52.035 - Structural Requirements.
It shall be a condition of the Unclassified Use Permit (UUP) that all towers must be
designed and certified by an engineer to be structurally sound and, at a minimum, in conformance
with the Building Code and any other standards set forth in this Chapter. All towers shall be
fixed to land.
17.52.040 - Separation or Buffer Requirements.
For the purpose of this section, the separation distances between towers shall be measured
)y drawing or following a straight line between the base of the existing or approved structure and
he proposed base, pursuant to a site plan of the proposed tower. The minimum tower separation
iistances from residentially zoned land and from other towers shall be calculated and applied
rrespective of City jurisdictional boundaries.
A. Proposed towers must meet the following minimum separation requirements from
existing towers or towers which have a development permit but are not yet
constructed at the time a development permit is granted pursuant to the Zoning
Code:
1. Monopole tower structures shall be separated from other
telecommunications towers by a minimum of seven hundred and fifty
(750) feet.
2. Self - supporting lattice or guyed tower structures shall be separated from
other telecommunications towers by a minimum of fifteen hundred
(1,500) feet.
B. Tower separation distances from any property that is zoned residential shall be set
back one (1) foot for each foot of tower height.
C. Separation or buffer requirements may be modified as provided in Section
17.52.085 PAMC.
17.52.045 - Method of Determining Tower Height.
Measurement of tower height for the purpose of determining compliance with all
requirements of this Section shall include the tower structure itself, the base pad, and any other
telecommunications facilities attached thereto which extend more than twenty (20) feet over the
top of the tower structure itself. Tower height shall be measured from average grade.
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17.52.050 - Illumination.
Towers shall not be artificially lighted except as specified by the Federal Aviation
dministration (FAA). Upon commencement of construction of a tower, in cases where there
re residential uses located within a distance from the tower which is three times the height of
he tower from the tower and when required by federal law, dual mode lighting shall be requested
rom the FAA.
17.52.055 - Exterior Finish.
Towers not requiring FAA painting or marking shall have an exterior finish which
nhances compatibility with adjacent land uses, as approved by the Planning Commission.
17.52.060 - Landscaping /Stealth Design.
All landscaping on a parcel of land containing towers, antenna support structures, or
elecommunications facilities shall be in accordance with the applicable landscaping requirements
n the zoning district where the tower, antenna support structure, or telecommunications facilities
re located. The City may require on -site landscaping in excess of the requirements in the
oning Code in order to enhance compatibility with adjacent land uses. Tower development
hall preserve the pre- existing character of the site as much as possible. Towers and accessory
quipment structures (equipment shelters and cabinets) shall be integrated through location,
esign, and color to blend in with the existing site characteristics to the extent practical. Existing
egetation around the facility shall be preserved to the extent possible or improved upon to
rovide vegetative screening.
The perimeter of a wireless communication support structure and any guyed
ires /anchors shall be enclosed by a fence or wall at least 6 feet in height. Evergreen trees shall
e planted surrounding the support structure in a manner approved by the Community
evelopment Director. In the RS -7 and RS -9 zones, the monopole or lattice tower must be
creened by existing vegetation when possible. Additional screening may be required to mitigate
isual impacts to adjacent properties or public rights -of -way as determined by site - specific
onditions.
17.52.065 - Telecommunications Facilities on Towers and Antenna Support Structures.
Telecommunications Facilities may be permitted on any tower or antenna support
tructure. Application for a conditional use permit shall be made to the Department of
ommunity Development in the manner provided in this chapter for telecommunications
acilities that are not exempt per Section 17.52.020 PAMC. The applicant shall, by written
ertification to the Department of Community Development, establish the following at the time
lans are submitted for a building permit:
A. A conditional use permit application to develop telecommunications facilities
shall include the following:
1. The name, address, and telephone number of the owner and lessee of the
parcel of land upon which the tower or antenna support structure is
situated. If the applicant is not the owner of the parcel of land upon which
the tower or antenna support structure is situated, the written consent of
the owner shall be evidenced in the application.
2. The legal description, parcel number, and address of the parcel of land
upon which the tower or antenna support structure is situated.
3. A description of the design plan proposed by the applicant. The applicant
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must identify whether or not it is utilizing the most compact, or least
obtrusive, technological design, including microcell design, as part of the
design plan.
4. A written statement from an engineer(s) that the construction and
placement of the telecommunications facilities will not interfere with
public safety communications and the usual and customary transmission
or reception of radio, television, or other communications services
enjoyed by adjacent residential and non - residential properties.
5. It shall be a condition of any conditional use permit approval that the
applicant shall provide certification that the proposed structure will meet
the standards set forth in Section 17.52.035 PAMC.
6. A written statement by the applicant stating the telecommunications
facilities will comply with all FAA regulations and EIA Standards and all
other applicable federal, state and local laws and regulations.
7. In order to assist the Department of Community Development and
Planning Commission in evaluating visual impact, the applicant shall
submit color photo- simulations showing the tower or antenna support
structure with a photo - realistic representation of the proposed
telecommunications facilities, as it would appear viewed from the closest
residential property and from adjacent roadways.
8. At the request of the Department of Community Development, the City
may require a qualified, independent third -party review (by a
City- approved consultant) to validate and review the technical
information contained in the application submittals. The cost of such
review shall be borne by the applicant.
9. The Act gives the FCC sole jurisdiction of the regulation of RF emissions
and does not allow the City to condition or deny on the basis of RF
Impacts the approval of any telecommunications facilities (whether
mounted on towers or antenna support structures) which meet FCC
standards. In order to provide information to its citizens, the City shall
make available upon request copies of ongoing FCC information and RF
emission standards for telecommunications facilities transmitting from
towers or antenna support structures. Applicants shall be required to
submit information on the proposed power density of their proposed
telecommunications facilities and demonstrate how this meets FCC
standards.
10. A preliminary construction schedule and completion date.
11. Copies of any environmental documents required by any federal agency,
if available. These shall include the environmental assessment required
by FCC Para. 1.1307, or, in the event that a FCC environmental
assessment is not required, a statement that describes the specific factors
that obviate the requirement for an environmental assessment.
12. A full site plan shall be required for all sites, showing the location, the
specific placement, type and height of the proposed telecommunications
facilities, on -site land uses and zoning, adjacent land uses and zoning,
adjacent roadways, proposed means of access, setbacks from property
lines, elevation drawings of the proposed telecommunications facilities,
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the location of existing towers and antenna support structures, trees, and
other significant site features, the type and location of plant materials used
to screen the facility, fencing, proposed color(s), and any other proposed
structures.
B. Telecommunications facilities that are not appurtenant structures and that are
located above the top of the antenna support structure shall be appropriately
screened from view through the use of panels, walls, fences, setbacks from the
edge of the antenna support structure or other screening techniques approved by
the City. Screening requirements shall not apply to stealth antennas that are
mounted below the top of the antenna support structure but which do not protrude
more than eighteen (18) inches from the side of such an antenna support structure.
17.52.070 - Modification of Existing Towers.
A. A tower existing prior to the effective date of this Ordinance, which was in
compliance with the City's zoning regulations immediately prior to the effective
date of this Ordinance, may continue in existence as a nonconforming structure.
Such nonconforming structures may be modified or demolished and rebuilt
without complying with any of the additional requirements of this Chapter, except
for Sections 17.52.040, 17.52.075, and 17.52.080 PAMC, provided that:
1. The tower is being modified or demolished and rebuilt for the sole
purpose of accommodating, within six (6) months of the completion of the
modification or rebuild, additional telecommunications facilities
comparable in size to the discrete operating telecommunications facilities
of any person currently installed on the tower and with a surface area not
to exceed the previous facilities .
2. An application for a development permit is made to the Department of
Community Development which shall have the authority to issue a
development permit without further approval. The grant of a development
permit pursuant to this Section allowing the modification or demolition
and rebuild of an existing nonconforming tower shall not be considered
a determination that the modified or demolished and rebuilt tower is
conforming.
3. The height of the modified or rebuilt tower and telecommunications
facilities attached thereto does not exceed the existing height of the tower
and facilities as of the date of this Ordinance or as hereafter amended,
whichever is higher.
B. Except as provided in this Section, a nonconforming structure or use may not be
enlarged, increased in size, or discontinued in use for a period of more than one
hundred eighty (180) days without being brought into compliance with this
Chapter. This Chapter shall not be interpreted to legalize any structure or use
existing at the time this Ordinance is adopted which structure or use is in violation
of the Zoning Code prior to enactment of this Ordinance.
17.52.075 - Certification and Inspections.
A. All towers shall be certified by an engineer to be structurally sound and in
conformance with the requirements of the Building Code and all other
construction standards set forth by the Port Angeles Municipal Code and federal
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and state law. For new towers, such certification shall be submitted with an
application pursuant to Section "Development of Towers" of this Chapter.
B. The City or its agents shall have authority to enter onto the property upon which
a tower is located, to inspect the tower for the purpose of determining whether it
complies with the Building Code and all other construction standards provided by
the Port Angeles Municipal Code and federal and state law.
C. The City reserves the right to conduct such inspections at any time, upon
reasonable notice to the tower owner.
17.52.080 - Maintenance.
A. Tower owners shall at all times employ ordinary and reasonable care and shall
install and maintain in use nothing less than commonly accepted methods and
devices for preventing failures and accidents which are likely to cause damage,
injuries, or nuisances to the public.
B. Tower owners shall install and maintain towers, telecommunications facilities,
wires, cables, fixtures, and other equipment in substantial compliance with the
requirements of the National Electric Safety Code and all FCC, state, and local
regulations, and in such manner that will not interfere with the use of other
property.
C. All towers, telecommunications facilities, and antenna support structures shall at
all times be kept and maintained in good condition, order, and repair so that the
same shall not menace or endanger the life or property of any person.
D. All maintenance or construction of towers, telecommunications facilities, or
antenna support structures shall be performed by licensed construction personnel.
E. All towers shall maintain compliance with current RF emission standards of the
FCC.
F. In the event that the use of a tower is discontinued by the tower owner, the tower
owner shall provide written notice to the City of its intent to discontinue use and
the date when the use shall be discontinued.
17.52.085 - Modification of Development Standards.
A. Notwithstanding the tower requirements provided in this Chapter, a modification
to the development standards may be approved by the Planning Commission as
an unclassified use in accordance with the following:
1. In addition to the requirement for a tower application, the application for
modification shall include the following:
(a) A description of how the proposed plan addresses any adverse
impact that might occur as a result of approving the modification.
(b) A description of off -site or on -site factors which mitigate any
adverse impacts which might occur as a result of the proposed
modification.
(c) A technical study that documents and supports the criteria
submitted by the applicant upon which the request for
modification is based. The technical study shall be certified by an
engineer and shall document the existence of the facts related to
the proposed modifications and its relationship to surrounding
rights -of -way and properties.
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(d) For a modification of the setback requirement, the application
shall identify all parcels of land where the proposed tower could
be located, attempts by the applicant to contract and negotiate an
agreement for co- location, and the result of such attempts.
(e) The Department of Community Development may require the
application to be reviewed by a qualified, independent engineer
under contract to the City to determine whether the antenna study
supports the basis for the modification requested. The cost of
review by the engineer shall be reimbursed to the City by the
applicant.
2. The Planning Commission shall consider the application for modification
based on the following criteria:
(a) That the tower as modified will be compatible with and not
adversely impact public health and safety of surrounding areas.
(b) Off -site or on -site conditions exist which mitigate the adverse
impacts, if any, created by the modification.
(c) In addition, the Planning Commission may include conditions on
the site where the tower is to be located if such conditions are
necessary to mitigate any adverse impacts which arise in
connection with the approval of the modification.
B. In addition to the requirements of subparagraph (A) of this Section, in the
following cases, the applicant must also demonstrate, with written evidence, the
following:
1. In the case of a requested modification to the setback requirement, Section
17.52.030 PAMC, that the setback requirement cannot be met on the
parcel of land upon which the tower is proposed to be located and the
alternative for the applicant is to locate the tower at another site which is
closer in proximity to a residentially zoned land.
2. In the case of a request for modification of the separation and buffer
requirements of Section 17.52.040 PAMC, that written technical evidence
from an engineer(s) demonstrates that the proposed tower must be located
at the proposed site in order to meet the coverage requirements of the
applicant's wireless communications system, and that the applicant is
willing to create approved landscaping and other buffers to screen the
tower.
3. In the case of a request for modification of the height limit for towers or
to the minimum height requirements for antenna support structures, that
the modification is necessary to: (i) facilitate co- location of
telecommunications facilities in order to avoid construction of a new
tower; or (ii) to meet the coverage requirements of the applicant's wireless
communications system, which requirements must be documented with
written, technical evidence from an engineer(s) that demonstrates that the
height of the proposed tower is the minimum height required to function
satisfactorily, and no tower that is taller than 120 feet shall be approved
in any case.
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17.52.090 - Abandonment.
A. If any tower shall cease to be used for a period of 365 consecutive days, the
Department of Community Development shall notify the owner, with a copy to
the applicant, that the site will be subject to a determination by the Planning
Commission that such site has been abandoned. The owner shall have thirty (30)
days from receipt of said notice to show, by a preponderance of the evidence, that
the tower has been in use or under repair during the period. If the owner fails to
show that the tower has been in use or under repair during the period, the City
Council shall issue a final determination of abandonment for the site. Upon
issuance of the final determination of abandonment, the owner shall, within
seventy -five (75) days, dismantle and remove the tower.
B. To secure the obligation set forth in this Section, the applicant (and/or owner)
shall post a performance bond for the purpose of ensuring adequate removal of
the tower upon termination of its use. The performance bond shall be equal to or
greater than one hundred, fifty (150) percent of the estimated cost of removal of
the tower, but not less than $1,000. Proof of performance bonds shall be
submitted prior to final permit approval.
17.52.095 - Temporary Wireless Service Facility.
The use of a temporary wireless service facility may be permitted for up to six months by
:he Community Development Director. A temporary wireless service facility is the use of
equipment such as a COW or an antenna on a bucket truck, crane, or other device capable of
-eaching the height necessary to evaluate the site for placement of a personal wireless facility.
Such temporary facility may only be utilized on a short-term basis for the purpose of evaluating
:he technical feasibility of a particular location for placement of a personal wireless facility or
or providing communications during an emergency.
Section 2. Ordinance 1709 as amended and Chapter 17.08 of the Port Angeles Municipal
Code are hereby amended by amending PAMC 17.08.001, 17.08.010, 17.08.030, 17.08.065,
17.08.080, 17.08.085, 17.08.095 and 17.08.100 to read as follows:
17.08.001 General.
. The following words, terms, and
,phrases, when used in this Title, shall have the meanings ascribed to them in this Chapter, except
where the context clearly indicates a different meaning. (Ord. 2652 §1 (part), 9/27/91; Ord. 1709
11 (part), 12/22/70.)
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
'I (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
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§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;
Drd. 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
ionconimercial animal husbandry, private horse stables, up to three dogs and cats which are not
louse pets, or house pets.
G. Animal Husbandry, Noncommercial - the care and raising of animals for
ioncommercial purposes, provided that this shall not include private horse stables, kennels, up
:o three dogs and cats which are not house pets, or house pets.
H. Antenna - any pole, panel, rod, reflection disc including satellite earth station
,intenna as defined by 47 CFR Sections 1.4000 and 25.104, or similar device used for the
transmission and/or reception of radio frequency signals.
I. Antenna support structure - any building or structure other than a tower which can
Pe used for location of telecommunications facilities.
J.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.
K. Applicant - any person that applies for approval from the City.
L. Application - the process by which the owner of a parcel of land within the City
submits a request to develop, construct, build, modify, erect or use such parcel of land.
`Application" includes all written documentation, verbal statements, and representations, in
whatever form or forum, made by an applicant to the City concerning such a request.
M.E 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
7 eason 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 3053 §1 6/16/2000; 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)
17.08.030 - "E"
A. Engineer means an engineer licensed by the State of Washington.
B.* Enlargement - An increase in the size of an existing structure or use, including
physical size ofthe property, building, parking, and other improvements. (Ord. 3009 §3, 2/12/99)
C.i37 Environmentally Sensitive Area - an area which includes any of the following
critical areas and ecosystems: wetlands, streams or stream corridors, frequently flooded areas,
geologically hazardous areas (erosion, landslide, or seismic hazard areas), significant fish and
wildlife habitat areas, and locally unique natural features (ravines, marine bluffs, or beaches and
associated coastal drift processes). (Ord. 3009 §3, 2/12/99; Ord. 2861 §1 (part), 3/17/95)
D.& Erected - construction of any building or structure or the structural alteration of
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a building or structure, the result of which would be to change the exterior walls or roof or to
increase the floor area of the interior of the building or structure. (Ord. 3009 §3, 2/12/99; Ord.
2861 §1 (part), 3/17/95; Ord. 2652 §1 (part), 9/27/91; Ord. 1709 §1 (part), 12/22/70)
E.1 Establishment, Business or Commercial - a place of business carrying on an
operation, the ownership and management of which are separate and distinct from those of any
other place of business located on the same zoning lot. (Ord. 3009 §3, 2/12/99; Ord. 2861 §1
(part), 3/17/95; Ord. 2652 §1 (part), 9/27/91; Ord. 1709 §1 (part), 12/22/70)
F.E-.- Existing (pre- existing) - a use, lot, or building that existed at the time of the
passage of these Regulations. (Ord. 3009 §3, 2/12/99; Ord. 2861 §1 (part), 3/17/95; Ord. 2652
§1 (part), 9/27/91; Ord. 1709 §1 (part), 12/22/70)
17.08.065 - "L"
A. Landfill, Sanitary - an area devoted to the disposal of refuse, including
incineration, reduction, or dumping of ashes, garbage, combustible and non - combustible refuse,
rnd industrial solid wastes. (Ord. 2861 §1 (part), 3/17/95)
B. Legal Building, Structure, Land Use - any building, structure or use of the land
that complies with all zoning requirements. (Ord. 2861 §1 (part), 3/17/95; Ord. 2652 §1 (part),
)/27/91; Ord. 1709 §1 (part), 12/22/70)
C. Legal Nonconforming Building or Structure - A legally established building or
structure which met the applicable zoning code requirements in effect at the time the building or
structure was constructed, but which fails by reason of such adoption, revision or amendment of
;he Zoning Code, to conform to the present requirements of the zone in which it is located. (Ord.
3009 §3 (part), 2/12/99)
D. Level of Service - an established minimum capacity ofpublic facilities or services
;hat must be provided per unit of demand or other appropriate measure of need. (Ord. 3009 §3
;part), 2/12/99; Ord. 2861 §1 (part), 3/17/95)
E. Lot - a lot is a zoning lot, except as the context shall indicate a lot of record, in
which case a lot is a "lot, of record ". (Ord. 3009 §3 (part), 2/12/99; Ord. 2861 §1 (part),
3/17/95; Ord. 2652 §1 (part), 9/27/91; Ord. 1709 §1 (part), 12/22/70)
F. Lot Area - the total area within the lot lines of a lot, excluding any primary access
easements or panhandles. (Ord. 3009 §3 (part), 2/12/99; Ord. 2861 §1 (part), 3/17/95; Ord. 2796
§2, 2/11/94)
G. Lot, Corner - a lot situated at the intersection of two or more streets. (Ord. 3009
(part), 2/12/99; Ord. 2861 §1 (part), 3/17/95; Ord. 2796 §2, 2/11/94; Ord. 2652 §1 (part),
)/27/91; Ord. 1709 §1 (part), 12/22/70)
H. Lot, Reverse Corner - a corner lot in which the rear property line coincides with
',he side property line of an abutting lot. (Ord. 3009 §3 (part), 2/12/99; Ord. 2861 §1 (part),
3/17/95; Ord. 2652 §1 (part), 9/27/91; Ord. 1709 §1 (part), 12/22/70)
I. Lot, Through - a lot having two opposite lot lines abutting public streets which are
usually more or less parallel to each other; not a corner lot. Both lot lines abutting streets shall
be deemed front lot lines. (Ord. 3009 §3 (part), 2/12/99; Ord. 2861 §1 (part), 3/17/95; Ord. 2652
41 (part), 9/27/91; Ord. 1709 §1 (part), 12/22/70)
J. Lot, Zoning - a single tract of land located within a single block, which at the time
9f filing for a building permit, is designated by its owner or developer as a tract to be used,
developed, or built upon as a unit, under single ownership or control. A zoning lot may or may
not coincide with a lot of record. (Ord. 3009 §3 (part), 2/12/99; Ord. 2861 §1 (part), 3/17/95;
Ord. 2796 §2, 2/11/94; Ord. 2652 §1 (part), 9/27/91; Ord. 1709 §1 (part), 12/22/70)
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K. Lot Line, Front - that boundary of a lot which abuts a street. When two or more
boundaries abut a street, the boundary with the narrowest width shall be considered the front lot
line, unless otherwise specified on a plat. On a panhandle lot, the front lot line and setbacks shall
be determined during the subdivision approval process, or, if not determined during subdivision
review, shall be determined by the Planning Director. (Ord. 3009 §3 (part), 2/12/99; Ord. 2948
§5 (part), 2/14/97; Ord. 2861 §1 (part), 3/17/95; Ord. 2796 §2, 2/11/94; Ord. 2652 §1 (part),
9/27/91; Ord. 1709 §1 (part), 12/22/70)
L. Lot Line, Rear - that boundary of a lot which is most distant from and is most
nearly parallel to the front lot line. (Ord. 3009 §3 (part), 2/12/99; Ord. 2861 §1 (part), 3/17/95;
Ord. 2796 §2, 2/11/94; Ord. 2652 §1 (part), 9/27/91; Ord. 1709 §1 (part), 12/22/70)
M. Lot Line, Side - any boundary of a lot which is not a front nor a rear lot line. (Ord.
3009 §3 (part), 2/12/99; Ord. 2861 §1 (part), 3/17/95; Ord. 2796 §2, 2/11/94; Ord. 2652 §1
;part), 9/27/91; Ord. 1709 §1 (part), 12/22/70)
N. Lot Coverage - the amount or percent of the ground area of a lot on which
buildings are located. This amount /percent shall include all buildings which are partially or
totally enclosed and covered by an impervious roof, including any garages, carports, covered
-patios, and cantilevered portions of a building, and structures covered by an impervious roof
even if not fully enclosed. Lot coverage does not include the first horizontal 30 inches of the roof
overhang nor does it include uncovered decks and porches not higher than 30 inches from the
ground. (Ord. 3009 §3 (part), 2/12/99; Ord. 2956 §1, 4/25/97; Ord. 2861 §1 (part), 3/17/95; Ord.
2796 §2, 2/11/94)
O. Lot of Record - a parcel of land that is registered as a lot or parcel of land in the
-ecords of the County Auditor. (Ord. 3009 §3 (part), 2/12/99; Ord. 2861 §1 (part), 3/17/95; Ord.
2796 §2, 2/11/94; Ord. 2652 §1 (part), 9/27/91; Ord. 1709 §1 (part), 12/22/70)
P. Lot Width - the horizontal distance between side lot lines measured at right angles
:o the lot depth at a point midway between the front and rear lot lines, or at the front setback line,
provided the average horizontal distance between side lot lines must also meet or exceed the
minimum lot width required. (Ord. 3009 §3 (part), 2/12/99; Ord. 2861 §1 (part), 3/17/95; Ord.
2839, 10/14/94; Ord. 2796 §2, 2/11/94)
Q Low - Powered, Networked Telecommunications Facilities - those facilities with
maximum transmitter peak output power that do not exceed one watt and are less than 14 inches
;py 16 inches by 8 inches with an antenna no greater than 30 inches.
17.08.080 - "O"
A. Off - street Parking Space - an area of at least 81/2 feet in width and 18 feet in
ength, or as otherwise provided in Chapter 14.40 PAMC situated on territory other than a public
or private street, alley, highway or trafficway, and used only for the storage of vehicles. (Ord.
2861 §1 (part), 3/17/95; Ord. 2652 §1 (part), 9/27/91; Ord. 1709 §1 (part), 12/22/70)
B. Open Space - natural areas ofunique or major physical features such as shorelines,
bluffs, beaches, lagoons, waterways, ravines, streams, rivers, lakes, wetlands, wildlife habitats,
and other environmentally sensitive areas deemed of significant importance to the community
by the City; landscaped areas such as parks, playfields, golf courses, outdoor stadiums, and public
] andscaped areas such as those along boulevards and around public buildings; improved outdoor
areas such as piers, playgrounds, plazas, promenades or trails, tennis courts, viewpoints, and
other outdoor spaces open to the public. (Ord. 2861 §1 (part), 3/17/95)
C. Outdoor Advertising Display, Sign, or Billboard - any material of any kind placed,
painted or printed for outdoor advertising purposes on or in the ground, or on any tree, wall, rock,
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fence, building, or structure. (Ord. 2861 §1 (part), 3/17/95; Ord. 2652 §1 (part), 9/27/91; Ord.
1709 §1 (part), 12/22/70)
D. Outdoor Advertising Structure - a structure of any kind erected or maintained for
outdoor advertising purposes, upon which any outdoor advertising display, sign, or billboard is
or may be placed. (Ord. 2861 §1 (part), 3/17/95; Ord. 2652 §1 (part), 9/27/91; Ord. 1709 §1
(part), 12/22/70)
E. Owner - any person with fee title or a long -term leasehold to any parcel of land
within the City, who desires to develop, or construct, build, modify, erect, or use such parcel of
hand.
17.08.085 - "P"
A. People with Functional Disabilities - people with functional disabilities means (1)
a person who, because of a recognized chronic physical or mental condition or disease, is
Functionally disabled to the extent of:
;a) needing care, supervision or monitoring to perform activities of daily living or instrumental
activities of daily living, or (b) needing supports to ameliorate or compensate for the effects of
he functional disabilities so as to lead as independent a life as possible, or (c) having a physical
or mental impairment which substantially limits one or more of such person's major life activities,
or (d) having a record of such impairment; or (2) being regarded as having such an impairment,
put such term does not include current, illegal use of, or active addiction to a controlled
substance. (Ord. 2652 §1 (part), 9/27/91)
B. PLrsvn - includcs -ten indrvi ual, firm, p
Person - any person, firm, partnership, association, corporation, company, or other legal entity,
'private or public, whether for profit or not for profit. (Ord. 2652 §1 (part), 9/27/91; Ord. 1709
§1 (part), 12/22/70)
C. Planning Area - a large geographical area of the City, which is defined by physical
characteristics and boundaries. (Ord. 2861 §1 (part), 3/17/95)
D. Professional Offices - offices used as a place of business conducted by persons
engaged in recognized professions, and others whose business activities consist chiefly of
services to the person as distinguished from the handling of commodities. (Ord. 2861 §1 (part),
3/17/95; Ord. 2652 §1 (part), 9/27/91; Ord. 1709 §1 (part), 12/22/70)
E. Public Facilities - public facilities include streets, roads, highways, sidewalks,
street and road lighting systems, traffic signals, domestic water systems, storm and sanitary sewer
systems, parks and recreational facilities, and schools. (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)
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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 including
both sides of a double -faced sign, as determined by circumscribing the exterior limits on the mass
Df each display erected on one sign structure with a circle, triangle, or quadrangle connecting all
, xtreme 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
he 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;
Drd. 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
35 (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
:rom a building shall be considered a detached sign. (Ord. 3007 §5 (part), 1/15/99; Ord. 2948
35 (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
he 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
hirty (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 - a detached accessory building in which only the horses and cows
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awned by the occupants of the premises are kept, and in which no horses and cows 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)
P. Stealth - relating to siting strategies and technological innovations designed to
°nhance compatibility with adjacent land uses by designing structures to resemble other features
In the surrounding environment. "Stealth" techniques include architecturally screened
roof - mounted antennas, antennas integrated into architectural elements, and towers designed to
resemble light poles, power poles, flag poles, street standards, steeples, or trees, etc.
Q Story - the space between the floor and the ceiling above said floor. A basement
;hall be considered a story when more than half of the basement height is above the finished lot
trade. (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.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;
Drd. 2652 §1 (part), 9/27/91; Ord. 1709 §1 (part), 12/22/70)
5.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;
Drd. 2652 §1 (part), 9/27/91; Ord. 1709 §1 (part), 12/22/70)
T.& Structure - anything constructed in the ground, or anything erected which requires
ocation 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
(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.F Structural Alteration - any change, other than incidental repairs, which would
2rolong 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)
V.I± Subordinate - less important than and secondary to a primary object, usually in
hese Zoning Regulations referring to an accessory use. (Ord. 3007 §5 (part), 1/15/99; Ord. 2948
35 (part), 2/14/97; Ord. 2921 §2, 6/28/96; Ord. 2861 §1 (part), 3/17/95)
W. 30i7 Supermarket - a grocery store on a site larger than one acre and with multiple
-etail 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)
17.08.100 - "T"
A. Telecommunications facilities or wireless telecommunications facilities - any
antennas, cables, wires, lines, wave guides, and any other equipment or facilities associated with
the transmission or reception of communications which a person seeks to locate or has installed
upon or near a tower or antenna support structure.
B.A7 Through Lot - (See "Lot, Through ") (Ord. 2652 §1 (part), 9/27/91; Ord. 1709
§1 (part), 12/22/70)
C. Tower or wireless telecommunications tower - a self - supporting lattice, guyed,
or monopole structure constructed from grade which supports telecommunications facilities. The
Term "tower" shall not include amateur radio operators' equipment, as licensed by the FCC.
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D. B7 Trail - a pedestrian facility which is designated for travel and recreation purposes
and which may include sidewalks, portions of roadways, natural surfaced walkways, and
structures such as bridges. (Ord. 2861 §1 (part), 3/17/95)
E.& Trailer, House (Automobile Trailer, Mobile Home, Recreational Vehicle, Vacation
Trailer) - a vehicle without motor power designed to be drawn by a motor vehicle and to be used
for human habitation, a motor vehicle designed to be used for human habitation, and a
manufactured home which does not meet City building code or State and Federal manufacturing
standards. (Ord. 2861 §1 (part), 3/17/95; Ord. 2652 §1 (part), 9/27/91; Ord. 1709 §1 (part),
12/22/70)
F.D Trailer Park, Trailer Court, Mobile Home Park, Recreational Vehicle Park - any
-remises on which are parked one or more vehicles designed, intended, arranged, or used for
iving purposes, or any premises used or held out for the purpose of supplying to the public a
space for one or more such vehicles, whether such vehicles stand on wheels or rigid supports.
:Ord. 2861 §1 (part), 3/17/95; Ord. 2652 §1 (part), 9/27/91; Ord. 1709 §1 (part), 12/22/70)
Section 3 - Severability.
That if any clause, section, or other part of this Ordinance shall be held invalid or
mconstitutional by any court of competent jurisdiction, the remainder of this Ordinance shall not
)e affected thereby, but shall remain in full force and effect.
Section 4 - Effective Date. This ordinance shall take effect five days following the date
of its publication by summary.
PASSED by the City Council of the City of Port Angeles at a regular meeting this
18th of June , 2001.
ATTEST:
APPRO)ED AS TO FORM:
Becky J. U =r • n, �� ty Cler Craig D. K 1 son, City Attorney
PUBLISHED: June 24, 2001
(By Summary)
F: \ORDINANCES &RESOLUTIONS\2001- 12.ord.wpd
Summaries of Ordinances Adopted by the
Port Angeles City Council
on June 18, 2001
Ordinance No. 3082
This Ordinance of the City of Port Angeles amends Ordinance 2818 as amended and the
Comprehensive Plan by revising the City's planning areas to specifically designate the area east
of Race Street and the Port Angeles Urban Growth Area (UGA), by amending a policy in the
Commercial Goals and Policies section of the Land -Use Element to clarify the intent, by
amending policies in the Transportation Element to comply with the Growth Management Act,
by amending policies in the Utilities and Public Services Element to allow for City services and
facilities in the UGA without annexation, by adding a new item to the Objective section of the
Conservation Element to facilitate compliance with the Endangered Species Act, and by
amending sections of the Transportation Element, the Utilities and Public Services Element, and
the Capital Facilities Element as requested by the Nonmotorized Advisory Committee.
Ordinance No. 3083
This Ordinance of the City of Port Angeles regulates telecommunications facilities within City
rights -of -way, establishes fees for such facilities, and adopts Chapter 11.14 of the Port Angeles
Municipal Code.
Ordinance No. 3084
This Ordinance of the City of Port Angeles regulates pole attachments within the City of Port
Angeles and adopts Chapter 13.14 of the Port Angeles Municipal Code.
Ordinance No. 3085
This Ordinance of the City of Port Angeles establishes reasonable fees to cover the costs of the
Planning Department and Public Works Department associated with wireless
telecommunication towers and/or electric or telecommunications facilities and amends
Ordinance 2789 as amended and Chapter 3.70 of the Port Angeles Municipal Code.
Ordinance No. 3086
This Ordinance of the City of Port Angeles relates to the City's business license regulations and
the City's public utility tax for telecommunications businesses and amends Ordinances 2050
and 2183 as amended and Chapters 5.04 and 5.80 of the Port Angeles Municipal Code. This
Ordinance takes effect on January 1, 2002.
Ordinance No. 3087
This Ordinance of the City of Port Angeles relates to construction or excavation work within
rights -of -way and amends Ordinance 2166 as amended and Chapter 11.08 of the Port Angeles
Municipal Code.
Ordinance No. 3088
This Ordinance of the City of Port Angeles revises the City's right of way use regulations and
amends Ordinance 2350 as amended and Chapter 11.12 of the Port Angeles Municipal Code.
Ordinance No. 3089
This Ordinance of the City of Port Angeles regulates wireless telecommunication towers and
facilities within the City, establishes definitions, standards, and criteria for such facilities,
amends Ordinance 1709 as amended, and amends Chapter 17.08 and adopts Chapter 17.52 of
the Port Angeles Municipal Code.
Ordinance No. 3090
This Ordinance of the City of Port Angeles grants the Public Utility District No. 1 of Clallam
County, Washington, the non - exclusive right, privilege, authority, and franchise to own, operate
and maintain facilities on any street in the City for the sole purpose of transmission and
distribution of electric energy and repeals Ordinance No. 1200. This franchise shall take effect
five days after publication by summary, subject to acceptance by the District in accordance with
the provisions of the franchise.
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. Unless otherwise
stated above, these Ordinances shall take effect five days after publication of these summaries.
Becky J. Upton
City Clerk
Publish: June 24, 2001