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HomeMy WebLinkAbout3111ORDINANCE NO. 3111 AN ORDINANCE of the City of Port Angeles, Washington, making minor administrative changes to the City's land use regulations, and amending Ordinances 1709, 1796, 2312, 2797, as amended, and Chapters 2.52, 15.04, 17.01, and 17.22 of the Port Angeles Municipal Code. THE CITY COUNCIL OF THE CITY OF PORT ANGELES DOES HEREBY ORDAIN as follows: Section 1. Ordinance 1796 as amended and Chapter 2.52 of the Port Angeles Municipal Code are hereby amended by amending PAMC 2.52.080 to read as follows: 2.52.080 Variance - Application. A. All application for variances permitted by this Chapter shall be submitted in writing to the office of the Planning Department Department of Community Development office. Each such application shall contain the name and mailing address of the applicant or applicants, the legal description of the property for which the variance is requested, the nature of the variance requested and a concise statement as to the reasons why such property is needed for and suited to such variance. The application shall be accompanied by a plot plan, drawn to scale, showing the dimensions of any and all existing structures and all structures to be erected on the property involved and the yard areas thereof. The Board or Community Development personnel may, at any time, require the applicant to furnish such additional written information as may be necessary to enable the Board to determine whether such application should or should not be granted. With each application, filed for a special property use, there shall be paid by the applicant, at the time of filing the application with the Dcpartmcnt, Department of Community Development a fee in an amount to be set by the City Council by Resolution from time to time, to defray the City's costs and expenses in processing such application, including the publication and mailing of the notices hereinafter required. All fees so collected by the office of the Department of Community Development shall be surrendered at least once each month to the office of the City Treasurer who shall deposit the same in the City's General Fund. B. The Planning Department of Community Development shall fix a time, date and place fora public hearing on such application, which date shall not be less than ten fifteen 15) days after notice given in the following manner, cxccpt, P thc official ncwspaper shall not be publishcd morc than thrcc days prior to thc date of said hcaring: 1. By United States mail addressed to the applicant and to the owners of all adjoining or abutting property. (Property separated from the proposed use by a street, highway or other public road or alley shall be construed to be adjoining or abutting for the purpose of giving notice; and notices addressed to the last known address of the person making the latest property tax payment shall be deemed proper notice to the owner of such property.); 2. By printed or written notices posted in a conspicuous place at or near the location of the proposed use; 3. By publishing two notices thereof in the official newspaper of the City; such noticcs to be publishcd at lcast thrcc days apart. Such notices shall contain the name of the applicant or applicants, the legal description of the property involved, the special property use requested, the date, time and place of the public hearing thereon and shall specify that any person interested may appear at such public hearing and be heard either for or against such application. - 2 - C. At such public hearing, the Board shall proceed to hear all persons present who desire to be heard either for or against such application and shall render its decision upon such application at the conclusion of such hearing or as soon thereafter as reasonably possible. Any building permit thereafter issued for such property shall be in accordance with and subject to all terms and conditions contained in the decision of the Board. D. The Board shall maintain in the office of the Pinning Department Department of Community Development full and complete written records of all proceedings, factual findings and conclusions reached on any and all such applications. (Ord. 2525 §1, 3/15/89; Ord. 1887 §4, 7/15/76; Ord. 1976 §8, 7/26/73.) Section 2. Ordinance 2312 as amended and Chapter 15.04 of the Port Angeles Municipal Code are amended by amending PAMC 15.04.030 to read as follows: 15.04.030 General Requirements. This part contains the basic requirements that apply to the SEPA process. The City adopts the following sections of Chapter 197 -11 of the Washington Administrative Code by reference: WAC 197 -11 -040 Definitions - 050 Lead agency - 055 Timing of the SEPA process - 060 Content of environmental review - 070 Limitations on actions during SEPA process - 080 Incomplete or unavailable information - 090 Supporting documents - 100 Information required of applicants. - 158 Reliance on existing plans, laws, and regulations. -3- -164 Planned actions - Definitions and criteria. - 168 Ordinances or resolutions designating planned actions - Procedures for adoption - 172 Planned actions - Project review. - 908 Critical Areas (Ord. 2977 §3 (part), 12/26/97; Ord. 2312 §1, 10/1/84.) Section 3. Ordinance 1709 as amended and Chapter 17.01 of the Port Angeles Municipal Code are hereby amended by amending PAMC 17.01.010 to read as follows: 17.01.010 Purpose. This comprehensive Ordinance is adopted for the following purposes: A. To implement the requirements of the State Growth Management Act of 1990 through the goals, policies, and objectives of the Port Angeles Comprehensive Plan by dividing the City into zones restricting and regulating therein the location, construction, reconstruction, alteration, and use of buildings, structures and land for residential, business, commercial, manufacturing, public, and other specified uses. (Ord. 2861 §1 (part), 3/17/95; Ord. 2668 §1 (part), 1/17/92; Ord. 1709 §1 (part), 12/22/70.) B. To protect the character and maintain the stability of residential, commercial, manufacturing, and public areas within the City, and to promote the orderly and appropriate development of such areas. (Ord. 2861 §1 (part), 3/17/95; Ord. 2668 §1 (part), 1/17/92; Ord. 1709 §1 (part), 12/22/70) C. To regulate the intensity of use of lots and parcels of land, and to determine the spaces surrounding buildings necessary to provide adequate light, air, privacy, and access to property. (Ord. 2861 §1 (part), 3/17/95; Ord. 2668 §1 (part), 1/17/92; Ord. 1709 §1 (part), 12/22/70) D. To sustain natural landscapes, corridors, and habitats for fish and wildlife and to -4- provide relief from the urban landscape within the community through the designation of open space areas. (Ord. 2861 §1 (part), 3/17/95) E. To limit congestion in the public streets and to protect the public health, safety, convenience, and general welfare by providing for off - street parking of motor vehicles, the loading and unloading of commercial vehicles, public transit access, and pedestrian safety. (Ord. 2861 §1 (part), 3/17/95; Ord. 2668 §1 (part), 1/17/92; Ord. 1709 §1 (part), 12/22/70) F. To establish building lines and the location of buildings designed for residential, commercial, manufacturing, public, or other uses within such lines. (Ord. 2861 §1 (part), 3/17/95; Ord. 2668 §1 (part), 1/17/92; Ord. 1709 §1 (part), 12/22/70) G. To prevent the overcrowding of land and undue concentration of structures and to preserve existing unusual, unique, and interesting features of the natural landscape so far as is possible and appropriate in each zone by regulating the use and the bulk of buildings in relation to the land surrounding them. (Ord. 2861 §1 (part), 3/17/95; Ord. 2668 §1 (part), 1/17/92; Ord. 1709 §1 (part), 12/22/70) H. To provide protection from fire, explosion, noxious fumes, and other hazards and to maintain the quality of life in the interest of public health, safety, comfort, and general welfare by establishing minimum level of service standards throughout the City. (Ord. 2861 §1 (part), 3/17/95; Ord. 2668 §1 (part), 1/17/92; Ord. 1709 §1 (part), 12/22/70) I. To prevent such additions to, and alteration or remodeling of, existing buildings or structures as would not comply with the restrictions and limitations imposed hereunder. (Ord. 2861 §1 (part), 3/17/95; Ord. 2668 §1 (part), 1/17/92; Ord. 1709 §1 (part), 12/22/70) J. To prohibit uses, buildings, or structures which are incompatible with the character of the permitted uses within specified zones. (Ord. 2861 §1 (part), 3/17/95; Ord. 2668 §1 (part), 5 1/17/92; Ord. 1709 §1 (part), 12/22/70) K. To conserve the taxable value of land and buildings throughout the City. (Ord. 2861 §1 (part), 3/17/95; Ord. 2668 §1 (part), 1/17/92; Ord. 1709 §1 (part), 12/22/70) L. To encourage the preservation of historic or culturally significant sites and structures throughout the City. (Ord. 2861 §1 (part), 3/17/95) M. To define and to limit the powers and duties of the administrative officers and bodies as provided herein and to protect the private property rights of landowners from arbitrary, capricious, and discriminatory actions. (Ord. 2861 §1 (part), 3/17/95; Ord. 2668 §1 (part), 1/17/92; Ord. 1709 §1 (part), 12/22/70) N. To improve the variety, quality, availability, and affordability of the housing opportunities in the City. (Ord. 2861 §1 (part), 3/17/95) O. Zoning Intentions: 1. RS -7 Zone - This is a low density residential zone intended to create and preserve urban single family residential neighborhoods consisting of predominantly single family homes on standard Townsite -size lots. Uses which are compatible with and functionally related to a single family residential environment may also be located in this zone. (Ord. 2861 §1 (part), 3/17/95; Ord. 2668 §1 (part), 1/17/92; Ord. 2385 §1 (part), 5/18/86; Ord. 1709 §1 (part), 12/22/70) 2. RS -9 Zone - This is a low density residential zone intended to create and preserve urban single family residential neighborhoods consisting of predominantly single family homes on larger than standard Townsite -size lots. Uses that are compatible with and functionally related to a single family residential environment may be located in this zone. (Ord. 2861 §1 (part), 3/17/95; Ord. 2668 §1 (part), 1/17/92; Ord. 2385 §1 (part), 5/18/86; Ord. 1709 §1 (part), 12/22/70) 3. RTP Zone - This is a medium density residential zone intended for mobile home 6 occupancies, and the area is regarded as essentially residential in character. (Ord. 2861 §1 (part), 3/17/95; Ord. 2715 §1, 10/16/92; Ord. 2668 §1 (part), 1/17/92; Ord. 1709 §1 (part), 12/22/70)) 4. RMD Zone - This is a medium density residential zone, which allows a mix of single family, duplexes and apartments at a density greater than single family neighborhoods but less than the RHD Zone. The permitted uses in the RMD Zone are also intended to be more restrictive than the RHD Zone. Commercial uses are not considered to be compatible. (Ord. 2861 §1 (part), 3/17/95; Ord. 2715 §1, 10/16/92) 5. RHD Zone - This is a high density residential zone for multi- family structures. Compatible uses may be allowed on Conditional Use Permits, but the zone is still regarded as a residential area, where commercial enterprises are not generally felt to be compatible. (Ord. 2861 §1 (part), 3/17/95; Ord. 2715 §1, 10/16/92; Ord. 2668 §1 (part), 1/17/92; Ord. 1709 §1 (part), 12/22/70) 6. PRD Overlay Zone - This overlay zone is to provide alternative zoning regulations which permit and encourage design flexibility, conservation and protection of natural critical areas, and innovation in residential developments to those regulations found in the underlying zone. It is intended that a Planned Residential Development will result in a residential environment of higher quality than traditional lot -by -lot development by use of a design process which includes within the site design all the components of a residential neighborhood, such as open space, circulation, building types, and natural features, in a manner consonant with the public health, safety, and welfare. It is also intended that a Planned Residential Development may combine a number of land use decisions such as conditional use permits, rezones, and subdivisions into a single project review process to encourage timely public hearings and decisions and to provide for more open space and transitional housing densities than is required or may be permitted between single 7 family and multi- family zones. The consolidation of permit reviews does not exempt applicant(s) from meeting the regulations and submitting the fees and applications normally required for the underlying permit processes. (Ord. 2861 §1 (part), 3/17/95; Ord. 2715 §1, 10/16/92; Ord. 2657 §1 (part), 12/13/91; Ord. 2038 §1 (part), 7/29/79) 7. CO Zone - This is a commercial zone intended for those business, office, administrative, or professional uses which do not involve the retail sale of goods, but rather provide a service to clients, the provision of which does not create high traffic volumes, involve extended hours of operation, or contain impacts that would be detrimental to adjacent residential areas. (Ord. 2861 §1 (part), 3/17/95; Ord. 2715 §1, 10/16/92; Ord. 2668 §1 (part), 1/17/92; Ord. 2109 §2, 12/7/80) 8. CN Zone - This is a commercial zone intended to create and preserve areas for businesses which are of the type providing the goods and services for the day -to -day needs of the surrounding residential neighborhoods. Businesses in this zone shall occur on sites no larger than one acre and shall be located and designed to encourage both pedestrian and vehicular access and to be compatible with adjacent residential neighborhoods. (Ord. 2861 §1 (part), 3/17/95; Ord. 2715 §1, 10/16/92; Ord. 2668 §1 (part), 1/17/92; Ord. 2553 1, 12/2/89) 9. CSD Zone - This is a commercial zone oriented primarily to those businesses serving the daily needs of the surrounding residential neighborhoods but is slightly less restrictive than the CN zone and as such provides a transition area from the most restrictive commercial zones to those of lesser restrictions. Businesses in this zone may occur on sites of varying sizes and shall be located at the intersections of arterial streets of sufficient size to satisfy traffic demand and at the boundaries of neighborhoods so that more than one neighborhood may be served. (Ord. 2861 §1 (part), 3/17/95; Ord. 2797 §2, 2/11/94, Ord. 2715 §1, 10/16/92; Ord. 2668 §1 (part), 1/17/92; Ord. 8 1709 §1 (part), 12/22/70) 10. CA Zone - This is a commercial zone intended to create and preserve areas for business serving the entire City and needing an arterial location because of the nature of the business or intensity of traffic generated by the business. (Ord. 2861 §1 (part), 3/17/95; Ord. 2715 §1, 10/16/92; Ord. 2668 §1 (part), 1/17/92; Ord. 2293 §1 (part), 4/4/84) 11. CBD Zone - This is a commercial zone intended to strengthen and preserve the area commonly known as the Downtown for major retail, service, financial, and other commercial operations that serve the entire community, the regional market, and tourists. It is further the purpose of this zone to establish standards to improve pedestrian access and amenities and to increase public enjoyment of the shoreline. (Ord. 2861 §1 (part), 3/17/95; Ord. 2715 §1, 10/16/92; Ord. 2668 §1 (part), 1/17/92; Ord. 2303 §1 (part), 7/4/84; Ord. 1709 §1 (part), 12/22/70) 12. IP Zone - This is an industrial zone intended to create and preserve areas for office, commercial, and industrial uses devoid of exterior nuisances in a planned, park -like setting. (Ord. 2861 §1 (part), 3/17/95) 13. IL Zone - This is an industrial zone intended to create and preserve areas for industrial uses which are largely devoid of exterior nuisances in close proximity to airports and highways. (Ord. 2861 §1 (part), 3/17/95; Ord. 2715 §1, 10/16/92; Ord. 2668 §1 (part), 1/17/92; Ord. 2329 §1 (part), 3/11/85) 14. IH 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. 2715 §1, 10/16/92; Ord. 2668 §1 (part), 1/17/92; Ord. 1709 §1 (part), 12/22/70) 15. PBP Zone - A zoning designation for publicly -owned property, or property less suitable for development by reason of its topography, geology, or some unusual condition or 9 situation. Much of the land so designated may best be left as "green belts ". (Ord. 2861 §1 (part), 3/17/95; Ord. 2715 §1, 10/16/92; Ord. 2668 §1 (part), 1/17/92; Ord. 1709 §1 (part), 12/22/70) 16. FL Zone - A zoning designation for privately -owned property not intended for future conversion to urban development, much of which property may best be used for commercial timber production. (Ord. 2861 §1 (part), 3/17/95) 167, Home Occupation Conditional Use - The purpose of this Chapter is to ensure that an occupation or business undertaken within a dwelling unit located in a residential use district is incidental and subordinate to the primary use and is compatible with the residential character of the neighborhood. (Ord. 2948 §5 (part) 2/14/97; Ord. 2861 §1 (part), 3/17/95; Ord. 2715 §1, 10/16/92; Ord. 2668 §1 (part), 1/17/92; Ord. 2103 §2, 10/18/80) 1.8. Bed and Breakfast Conditional Use - 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. 2948 §5 (part) 2/14/97; Ord. 2861 §1 (part), 3/17/95; Ord. 2715 §1, 10/16/92; Ord. 2668 §1 (part), 1/17/92; Ord. 2483 §1 (part), 3/23/88) 1$9. Adult Entertainment Conditional Use - The purpose of this Chapter is to ensure that adult entertainment businesses are appropriately located and operated within the City of Port Angeles, are compatible with uses allowed within the City, and are conducive to the public health, safety, and welfare. (Ord. 2948 §5 (part) 2/14/97; Ord. 2861 §1 (part), 3/17/95; Ord. 2715 §1, 10/16/92; Ord. 2668 §1 (part), 1/17/92; Ord. 2511 §1, 10/4/88) +920. Retail Stand Conditional Use - The purpose of this Chapter is to ensure that retail stands are appropriately located in the commercial and public building areas, are compatible with the uses allowed in such areas, are conducive to the public health, safety, and welfare, and - 10- promote the diversity of retail stand activity. (Ord. 2948 §5 (part) 2/14/97; Ord. 2861 §1 (part), 3/17/95; Ord. 2715 §1, 10/16/92; Ord. 2668 §1 (part), 1/17/92; Ord. 2070 §1 (part), 3/29/80) 201. Wrecking Yard Conditional Use - The purpose of this Chapter is to ensure that licensed wrecking yards are appropriately located, are compatible with uses allowed within the City, and are conducive to the public health, safety, and welfare. (Ord. 2948 §5 (part) 2/14/97; Ord. 2861 §1 (part), 3/17/95) Section 4. Ordinance 2797 as amended and Chapter 17.22 of the Port Angeles Municipal Code are hereby amended by amending PAMC 17.22.200 to read as follows: 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 icside11tia� any property that has a residential zoning classification. 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 %. 5. Maximum Height - 35 feet. (Ord. 3042 §3 (part) 1/28/00; 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) Section 5 - Severability. If any provisions of this Ordinance, or its application to any person or circumstances, 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 6 - 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 of said Council held on the 5th day of March, 2002. ATTEST: • • ■ Becky J. U:4� n, ^ity Cle PUBLISHED: March 10, 2002 By Summary F: \ORDINANCES &RESOLUTION S\2001- 34.ord.wpd MAYOR APPROVED AS TO FORM: Craig D. . on, City Attorney Summaries of Ordinances Adopted by the Port Angeles City Council on March 5, 2002 Ordinance No. 3109 This Ordinance of the City of Port Angeles, Washington, rezones property consisting of 4.31 acres of land located immediately north of the William R. Fairchild International Airport in Suburban Lot 102, Townsite of Port Angeles, from RS -9, Residential Single Family, to RMD, Residential Medium Density. Ordinance No. 3110 This Ordinance of the City of Port Angeles, Washington, rezones the City Hall and Clallam County Courthouse east parking lots from CO, Commercial Office, and RHD, Residential High Density, respectively, to PBP, Public Buildings and Parks. Ordinance No. 3111 This Ordinance of the City of Port Angeles, Washington, makes minor administrative changes to the City's land use regulations and amends Ordinances 1709, 1796, 2312, 2797, as amended, and Chapters 2.52, 15.04, 17.01, and 17.22 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 publication of this summary. Becky J. Upton City Clerk Publish: March 10, 2002