Loading...
HomeMy WebLinkAbout3180ORDINANCE NO. 3180 AN ORDINANCE of the City of Port Angeles, Washington, amending and updating the City's development regulations to be consistent with the City's revised Comprehensive Plan by amending portions of the Zoning Code, Title 17, of the Port Angeles Municipal Code. THE CITY COUNCIL OF THE CITY OF PORT ANGELES do hereby ordain as follows: Whereas, a revised Comprehensive Plan was adopted by the City Council on June 14, 2004; and Whereas, the City's development regulations need to be amended and updated to be consistent with the City's revised Comprehensive Plan. NOW, THEREFORE, THE CITY COUNCIL OF PORT ANGELES, WASHINGTON, DOES ORDAIN AS FOLLOWS: Section 1. Ordinance 1709, as amended, and a portion of Title 17, Zoning Code, are hereby amended to read as follows: Chapters: 17.01 17.03 17.08 17.10 17.11 17.12 17.13 17.14 17.15 17.17 17.18 17.19 17.20 17.21 17.22 17.23 17.24 17.25 17.26 Purpose and Scope Establishing Mapped Zones and Regulations Rules and Definitions RS -7 - Residential, Single Family (7,000 sq. ft.) RS -9 - Residential, Single Family (9,000 sq. ft.) RS -11 - Residential, Single Family (11,000) s. ft.) RTP - Residential Trailer Park RMD - Residential, Medium Density RHD - Residential, High Density Home Occupations Permit Bed and Breakfast Permit PRD - Planned Residential Development Overlay Zone CO - Commercial, Office CN - Commercial, Neighborhood CSD - Community Shopping District CA - Commercial, Arterial CBD - Central Business District CR - Commercial Regional Retail Stand Permit - 1 - 17.30 17.31 17.32 17.34 17.35 17.36 17.40 17.42 17.50 17.52 17.94 17.95 17.96 IP - Industrial Park PID - Planned Industrial Development Overlay Zone IL - Industrial, Light IH - Industrial, Heavy Wrecking Yards, Junk Yards Conditional Use Permit IM - Industrial, Marine PBP - Public Buildings and Parks FL - Forest Lands Adult Entertainment Uses Wireless Telecommunications Towers and Facilities. General Provisions, Conditions and Exceptions Special Provisions Administration and Enforcement CHAPTER 17.01 PURPOSE AND SCOPE Sections: 17.01.010 Purpose. 17.01.010 Purpose. This Zoning Code 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. 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. 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. D. To sustain natural landscapes, corridors, and habitats for fish and wildlife and to provide relief from the urban landscape within the community through the designation of open space areas. 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. F. To establish building lines and the location of buildings designed for residential, commercial, manufacturing, public, or other uses within such lines 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. 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. 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. J. To prohibit uses, buildings, or structures which are incompatible with the character of the permitted uses within specified zones. K. To conserve the taxable value of land and buildings throughout the City. L. To encourage the preservation of historic or culturally significant sites and structures throughout the City. 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. N. To improve the variety, quality, availability, and affordability of the housing opportunities in the City. 0. To avoid or mitigate significant adverse impacts such as hazardous materials, air and water pollution, noise, traffic, outside storage, large structures, and public safety problems which can be associated with specific land uses and thereby reduce conflicts between adjacent land uses. P. To identify what development should take place in each zone to accomplish the desired urban design as defined by the City's land use planning policies and regulations. 17.01.020 Purposes of Zones. The zones in this Zoning Code are established for the following purposes: A. 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. Because of land use impacts associated with nonresidential uses, few nonresidential uses are allowed in this zone and then only conditionally. This zone provides the basic urban land use pattern for the City's single family residential neighborhoods, following a standard rectangular street grid system of 60 -foot rights -of -way for local access streets and 300 -foot by 500 -foot blocks with 50 -foot by 140 -foot lots and usually located in areas that are largely developed and closer to the center of the City. B. 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. Because of land use impacts associated with nonresidential uses, few nonresidential uses are allowed in this zone and then only conditionally. This zone provides for a variety in the urban land use pattern for the City's single family residential neighborhoods, following a curvilinear street system of nonthrough public and private streets with irregularly shaped lots, minimum 75 -foot front lot lines, and 60 -foot rights -of -way for collector arterial streets in large rectangular blocks and usually located in outlying areas with large tracts of vacant buildable land. C. RS -11 Zone - This is a low density residential zone intended to create and preserve sub -urban sized single family residential neighborhoods consisting of predominantly single family homes on larger than standard sized Townsite -sized lots, while maintaining densities at or more than 4 dwelling units per acre. Uses that are compatible with and functionally related to a single family residential environment may be located in this zone. Because of land use impacts associated with nonresisential uses, few nonresidential uses are allowed in this zone and then only conditionally. This zone provides for a variety in the urban land use pattern for the City's single family residential neighborhoods, following a curvilinear street system of nonthrough public and private streets with irregularly shaped lots, minimum 75- foot front lot lines, and 60 -foot rights -of -way for collector arterial streets in large rectangular blocks and usually located in outlying areas with large tracts of vacant buildable land. GD. RTP Zone - This is a medium density residential zone intended for mobile home occupancies, and the area is regarded as essentially residential in character. Few nonresidential uses are allowed in this zone and then only conditionally, because of land use impacts associated with nonresidential uses. This zone provides the basic urban land use pattern for the City's small lot, single family, mobile home parks, following an irregular urban land use pattern of private access roads and minimum 3500 square foot lots DE. 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. Few nonresidential uses are allowed in this zone and then only conditionally, because of land use impacts associated with nonresidential uses. This zone provides for a variety in the urban land use pattern for the City's lower density multi - family residential neighborhoods (at twice the density of the City's basic single family residential neighborhoods) with direct access on an arterial street, usually located in outlying areas with large tracts of vacant buildable land, and serving as a transitional use between low density residential uses and commercial /industrial uses. EF. 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. Few nonresidential uses are allowed in this zone and then only conditionally, because of land use impacts associated with nonresidential uses. This zone provides the basic urban land use pattern for the City's higher density multi - family residential neighborhoods (at seven times the density of the City's basic single family residential neighborhoods), following a standard rectangular street grid system of 60 -foot rights -of -way for local access streets and 300 -foot by 500 -foot blocks and usually located in areas that are largely developed and closer to the center of the City. FG. 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 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. Few nonresidential uses are allowed in this overlay zone and then only conditionally, because of land use impacts associated with nonresidential uses. This overlay zone provides for the opportunity to create self - contained residential neighborhoods with a variety of housing choices without following a standard system of public streets and lot design and with allowances for mixed use, residential and commercial developments not usually permitted in residential zones. €H. 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 -4- residential areas. Commercial uses that are largely devoid of any impacts detrimental to single family residential uses are allowed. This zone provides the basic urban land use pattern for small lot, transitional uses between residential neighborhoods and commercial districts with direct access on an arterial street and design standards compatible with residential development T-H. 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. Commercial uses that are largely devoid of any impacts detrimental to multi - family residential uses are allowed; gasoline service islands are conditionally permitted uses. This zone provides for a variety in the urban land use pattern for small commercial districts serving individual residential neighborhoods with direct access on an arterial street and design standards compatible with residential development. U. 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. Commercial uses that are largely devoid of any impacts detrimental to the environment are allowed. Service stations with petroleum products are permitted uses. This zone provides the basic urban land use pattern for large lot, commercial uses serving much of the City with direct access on an arterial street and design standards for greater automobile and truck traffic. iK. 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. Commercial uses that are largely devoid of any impacts detrimental to the environment are allowed. Service stations with petroleum products and dry cleaning shops with hazardous materials are permitted uses. This zone provides the basic urban land use pattern for automobile oriented, commercial uses with direct access on a principal arterial street and design standards for greater automobile and truck traffic. IEL. 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. Commercial uses that are largely devoid of any impacts detrimental to the environment are allowed. Gasoline service islands and marine fueling stations are conditionally permitted uses. This zone provides the basic urban land use pattern for high density, pedestrian oriented, commercial uses located in the center of the City with direct access to mass transit services, design standards for compatible commercial development, and support for public parking and business improvements) M. CR Zone - This is a commercial zone intended to create and preserve areas for large land intensive commercial uses that provide retail services to a regional market. These types of commercial uses provide a multiplicity of goods and services in a single location and therefore require large areas for the building and parking. Such uses do not follow the basic land use pattern of the of the traditional townsite and are not typically pedestrian oriented. This zone offers vehicular access from major transportation corridors. N. IM Zone. - This is an industrial zone intended to preserve industrial areas in the harbor for marine industrial uses, which are characterized as water dependent or water related. -5- Because there is a very limited amount of shorelands adjacent to the Port Angeles Harbor, a zone that allows for mixed uses that do not adversely impact each other can maximize potential water dependent, water related, and water enjoyment uses of the harbor without excluding either industrial or nonindustrial uses being intermixed. Certain commercial, residential, public, and other mixed uses may be appropriately located in this zone, and therefore heavy industrial manufacturing uses, which have significant nuisance factors, shall not be located in this zone. t 0. 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. Permitted uses are devoid of exterior nuisance factors, such as noise, glare, air and water pollution, and fire and safety hazards on adjacent non - industrial property, and do not have an exceptional demand on public facilities. These types of office, commercial, and industrial uses typically involve the need for a large campus -like site with amenities suitable for mixed use developments and buffering measures to reduce the impact of large scale development on adjacent uses. While industrial and commercial uses that are devoid of any impacts detrimental to the environment are allowed, vehicle service stations with petroleum products and entertainment businesses with adult -only activities are also permitted uses, and a variety of maintenance and repair shops with hazardous materials are also conditionally permitted uses. This zone provides for a variety in the urban land use pattern for mixed industrial and commercial uses with direct access on an arterial street, design standards for high density, pedestrian oriented, mixed uses located adjacent to major transportation facilities, design standards for compatible mixed industrial and commercial development, and support for private parking and business improvements MP. 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. Permitted uses are largely devoid of exterior nuisance factors, such as noise, glare, air and water pollution, and fire and safety hazards on adjacent non - industrial property, and do not have an exceptional demand on public facilities. These types of industrial uses typically involve the manufacture of finished products from pre- fabricated materials, product wholesaling, and material storage. Buffering measures to reduce the impact of industrial uses on nearby residential uses may be required. While industrial and commercial uses that are largely devoid of any impacts detrimental to the environment are allowed, vehicle service stations with petroleum products and entertainment businesses with adult -only activities are also permitted uses, and a variety of maintenance and repair shops with hazardous materials are also conditionally permitted uses. This zone provides the basic urban land use pattern for light industrial uses with direct access on an arterial street, design standards for greater truck traffic, and buffers for nonindustrial uses. NQ. 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. Significant adverse impacts can be expected from permitted industrial uses that involve hazardous materials, noise, air and water pollution, shift work around the clock, entertainment businesses with adult - only activities, and outside storage yards and manufacturing activities. This zone provides the basic urban land use pattern for heavy industrial uses with direct access to major transportation facilities, design standards for greater truck traffic, and buffers for nonindustrial uses unless deemed impractical. OS. PBP Zone - This is a zoning designation for publicly -owned property, or property less suitable for development by reason of its topography, geology, or some unusual condition or situation. Much of the land so designated may best be left as "green belts ". Except for low density private residential uses, permitted uses are mostly public utilities and large civic facilities. This zone provides the basic urban land use pattern for public facilities, open space, and environmentally sensitive areas where public interests are directly involved and with -6- allowances for very low density private residential use, subject to environmental impact mitigation. PT. FL Zone - This is a zoning designation for privately -owned property not intended for future conversion to urban development. Much of the land so designated may best be used for commercial timber production. This zone provides the basic nonurban land use pattern for natural resource uses, subject to environmental impact mitigation if converted to urban development. U. Home Occupation Permit - 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. This special use permit provides allowances for business activities taking place within a residential use. RV. Bed and Breakfast Permit - 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. This special use provides procedures and regulations for business activities taking place within a residential use. SW. Adult Entertainment 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. This Chapter provides procedures and regulations for specific adult -only business activities. TX. Retail Stand Permit - The purpose of this Chapter is to ensure that retail stands are appropriately located in the commercial and public areas, are compatible with the uses allowed in such areas, and are conducive to the public health, safety, and welfare, and to promote the diversity of retail stand activity. This special use provides procedures and regulations for business activities taking place outside a building or on public property. UY. Junk Yard Conditional Use - The purpose of this Chapter is to ensure that junk yards are appropriately located, are compatible with uses allowed within the City, and are conducive to the public health, safety, and welfare. This Chapter provides for junk yards to be permitted through the conditional use permit process. CHAPTER 17.03 ESTABLISHING MAPPED ZONES AND REGULATIONS Sections: 17.03.010 Purpose. 17.03.020 Zoning Map. 17.03.010 Purpose. For the purpose of these Regulations the City of Port Angeles is divided into sixteen zoning classifications as follows: ABBREVIATED CHAPTER DESIGNATION ZONE CLASSIFICATION 17.10 RS -7 Residential, Single Family 17.11 RS -9 Residential, Single Family 17.12 RS -11 Residential, Single Family 17.13 RTP Residential Trailer Park -7- 17.14 RMD Residential, Medium Density 17.15 RHD Residential, High Density 17.19 PRD Planned Residential Development Overlay Zone 17.20 CO Commercial, Office 17.21 CN Commercial, Neighborhood 17.22 CSD Community Shopping District 17.23 CA Commercial, Arterial 17.24 CBD Central Business District 17.26 CR Commercial Regional 17.30 IP Industrial Park 17.31 PID Planned Industrial Development Overlay Zone 17.32 IL Industrial, Light 17.33 IM Industrial, Marine 17.34 IH Industrial, Heavy 17.40 PBP Public Building - Park 17.42 FL Forest Lands 17.03.020 Zoning Map. A Zoning Map, showing the location and the boundaries of the various zones in the City, shall be established as the Official Zoning Map and shall be an integral part of these Zoning Regulations. The Zoning Map shall be consistent with the City's Comprehensive Plan Land Use Map, and the land use designations on the Zoning Map shall be at the same or lesser intensity of uses and impacts on surrounding uses as the Comprehensive Plan Map. Where the zoning land use designation is at a lesser intensity than the Comprehensive Plan designation, a rezone may be granted if circumstances have been shown to be changed and the public use and interest is served. Where the zoning land use designation is at a greater intensity than the Comprehensive Plan designation, a rezone consistent with the Comprehensive Plan must be obtained before new development will be permitted. Sections: 17.08.001 General. 17.08.002 Rules. 17.08.010 "A ". 17.08.015 "B ". 17.08.020 "C". 17.08.025 "D ". 17.08.030 "E ". 17.08.035 "F ". 17.08.040 "G ". 17.08.045 "H ". 17.08.050 "I ". 17.08.055 "J ". 17.08.060 "K ". 17.08.065 "L ". 17.08.070 "M ". 17.08.075 "N ". CHAPTER 17.08 RULES AND DEFINITIONS - 8 - 17.08.080 "O ". 17.08.085 "P ". 17.08.090 "R ". 17.08.095 "S ". 17.08.100 "T ". 17.08.105 "U ". 17.08.110 "V ". 17.08.125 "Y ". 17.08.130 "Z ". 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. 17.08.002 Rules. In the construction of these Zoning Regulations, the rules and definitions contained in this Section shall be observed and applied, except when the context clearly indicates otherwise. a. Words used in the present tense shall include the future; words used in the singular shall include the plural, and the plural shall include the singular. b. The word "shall" is mandatory and not discretionary. c. The word "may" is permissive. d. The word "lot" shall include the words "piece" and "parcel "; the word "building" includes all other structures of every kind regardless of similarity to buildings; and the phrase "used for" shall include the phrases "arranged for ", "designed for ", "intended for ", "maintained for ", and "occupied for ". 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. 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. 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). D. Alley - a public right of way which provides service access to abutting property. E. Amendment - a change in language of the zoning text which is an official part of these Zoning Regulations. 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. G. 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. -9- H. Antenna - any pole, panel, rod, reflection disc including satellite earth station antenna 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 be used for location of telecommunications facilities. J. 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. 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. 17.08.015 - "B" A. Building, Accessory - (See "Accessory Building or Use "). B. Building, Detached - a building surrounded by an unoccupied and unobstructed space which is on the same lot as the principal building and which provides for air and light from the ground to the sky. D. Building, Principal - the major building on a lot, the building which houses the major use of the land and the structures on a zoning lot. E. Building, Residential - a building arranged, designed, used, or intended to be used for residential occupancy by one or more families or lodgers. F. Building Line - front, side and rear building lines are the lines on each zoning lot that delineate the area within which construction of principal buildings is confined G. Business Parking Lot and /or Structures - a commercial off - street parking lot or structure used exclusively for parking and /or storage of vehicles. 17.08.020 - "C" A. Carport - an accessory building or an accessory portion of the main building designed and used primarily for the shelter or storage of vehicles. It is not an enclosed structure and it does not contain a door which would allow vehicles to pass into the structure: it is open on two or more sides. B. Casino - an establishment for the purpose of providing unrestricted gambling opportunity as regulated by the Washington State Gambling Commission. Activities regulated under casinos do not include mini - casinos, enhanced card rooms, public card rooms, social card rooms, pull tabs, punch cards, fund raising events sponsored by nonprofit organizations, bingo, state run lottery games, turkey shoots, raffles, sports pools, or other amusement games. BC. Child Day -Care - child day -care is the provision of supplemental parental care and supervision for a non - related child or children, on a regular basis, for less than 24 hours a day, and under license by the Washington State Department of Social and Health Services. The term is not intended to include baby sitting services of a casual, non - recurring nature, or in the child's own home. Likewise, the term is not intended to include cooperative reciprocative child care by a group of parents in their respective homes. GD. Child Day -Care Center - a child day -care center provides for the care of 13 or more children. The child day -care center shall not be located in a private family residence unless -10- the portion of the residence where the children have access is used exclusively for the children during the hours the center is in operation or is separate from the usual living quarters of the family. BE. Commission - the appointed Planning Commission. F. Common Usable Open Space: Area within a Planned Industrial Development which is accessible and usable to all occupants of the development and the City, which is: 1. Land which is unoccupied by nonrecreational buildings, parking areas, or traffic circulation roads; or 2. Land which is dedicated to recreational buildings, structures or facilities; or I Land which is dedicated to an open space purpose of the Planned Industrial Development such as preservation of natural features. To be considered common usable open space for recreational purposes, the open space must be usable for specific or multi - purpose activities, be located on generally level land, be regularly shaped and contain a minimum of 1,000 square feet. EG. Conditional Use Permit - a limited permission to locate a particular use at a particular location, and which limited permission is required to modify the controls stipulated by these Regulations in such degree as to assure that the particular use shall not prove detrimental to surrounding properties, shall not be in conflict with the Comprehensive Plan, and shall not be contrary to the public interest. EH. Conditional Use - a use permitted in a zone but which requires a special degree of control to make such use consistent and compatible with other existing or permissible uses in the same zone 61. Conforming Building or Structure - a building that complies with all sections of these Zoning Regulations or any amendment thereto governing size, height, area, location on the lot, for the zone in which such building or structure is located. HJ. Conforming Lot - a lot that contains the required width, depth and square footage as specified in the zone in which the lot is situated. IK. Conforming Use - a use that is listed as a Permitted or Conditional Use in the zone in which the use is situated. �L. Council - the City Council. ISM. Club or Lodge, Private - a non - profit association of persons who are bona fide members paying annual dues, which owns, hires, or leases a building or portion thereof, the use of such premises being restricted to members and their guests. ( 17.08.025 - "D" A. Density - the ratio of the number of dwelling units per area of land, e.g., 7,000 square foot lots would allow for a maximum density of 6.22 dwelling units per acre. B. Detached building - a building separated a minimum of 6 feet from another building. C. Development - any activity which would alter the elevation of the land, remove or destroy plant life, cause structures of any kind to be installed, erected, or removed, divide the land into two or more parcels, or any use or extension of the use of the land. D. District - a portion of a planning area which is defined by the primary uses located in that portion of the planning area. E. Dormitory - a residence hall providing sleeping rooms, with or without eating facilities. F. Duplex - a residential building containing two one - family dwelling units within the four walls of the building. G. Dwelling - a building, or portion thereof, but not an automobile house trailer, designed or used exclusively for residential occupancy, including one - family dwellings, two- family dwellings, and multi - family dwellings, which dwellings are constructed in accordance with the Uniform Building Code or, in the case of one - family dwellings, are constructed as manufactured homes in accordance with the requirements set forth in PAMC 17.08.070A, but not including hotels, motels or lodging houses. H. Dwelling, Multi- family - a building or a portion thereof containing three or more dwelling units. I. Dwelling, One - Family - a building containing one dwelling unit only. J. Dwelling, Two - Family - a building containing two dwelling units only. K. Dwelling Unit - one or more rooms which are arranged, designed or used as living quarters for one family only. . • • • • • . • : • • ■ . • • • Complete single kitchen facilities, permanently installed, shall always be included for each dwelling unit. 17.08.030 - "E" A. Engineer means : _ a professional civil engineer, licensed by and in good standing in the State of Washington. B. Enlargement - An increase in the size of an existing structure or use, including physical size of the property, building, parking, and other improvements. C. 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). D. Erected - construction of any building or structure or the structural alteration of 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. E. 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 F. Existing (pre- existing) - a use, lot, or building that existed at the time of the passage of these Regulations. 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 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. C. Farming, Commercial - the planting and cultivating of crops for agricultural or other commercial purposes, provided that this shall not include private gardening, or greenhouse structures accessory to single family residences. 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. 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. 17.08.040 - "G" A. Garage, Private - a building or structure other than a portion of the main building, enclosed on not less than three sides and designed or used only for the shelter or storage of vehicles, primarily only those vehicles belonging to the occupants of the main building. B. Garage, Public - a building or structure other than a private garage, used for the care, repair, or storage of automobiles, or where motor vehicles are kept for remuneration, hire, or sale. C. Group Home - a non - independent, non - family, housekeeping unit in which the residents are assisted by an outside agency or organization. Some examples of group homes include state licensed homes for the handicapped and physically disabled, homes for the mentally ill, homes for those with developmental disabilities, except that group homes do not include adult family homes, supported living arrangements or residential care facilities. They also include state licensed group homes for residential centers for rehabilitation from alcohol and drugs, and transitional housing for victims of domestic violence. 17.08.045 - "H" BA. Height - total distance in feet from average ground elevation at perimeter walls as determined by the final grade noted on the building plan approved by the City (as long as the final grade is not higher than the existing pre - alteration grade at the center of the lot) to the top of the structure, except that television antennae, roof mounted mechanical equipment, chimneys, and other appurtenances are exempt from height. Other appurtenances include architectural features, such as ornamental cupolas, domes, and spires, not exceeding ten feet in height and diameter, which are also exempt from height requirements. €B. 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. BC. 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 ED. 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. E. Hospice - a facility for the terminally ill. F. Hostel - a residential structure or commercial building where transient accommodations (daily or weekly) for the traveling public are provided and for which the accommodations contain no more than one shared kitchen facility and do not have individual sleeping rooms. Hostels are differentiated by housing type and /or owner occupancy as follows: a. Owner occupied single family residential hostels are allowed in the same zones as Bed and Breakfasts by approval of a Special use Permit. b. Non -owner occupied commercial structure hostels are allowed by the same process and in the same zones as motels. G. House pets - domestic animals such as dogs, cats, fish, birds, rodents, and reptiles, not including inherently dangerous species of animals, which sleep and are primarily housed in a dwelling unit together with their owners. 17.08.050 - "I" A. Incidental - in addition to and not interfering with or otherwise detracting from a main object; usually in these Zoning Regulations referring to a use in addition to a permitted use. 17.08.055 - "J" A. Junk Yard - an open area where waste or scrap materials are bought, sold, exchanged, stored, baled, packed, disassembled, or handled, including but not limited to scrap iron and other metals, paper, rags, rubber tires, and bottles. A junk yard includes an auto wrecking yard but does not include uses established within enclosed buildings. 17.08.060 - "K" A. Kennel - a place where 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 the number of dogs and cats counted shall not include house pets. 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. 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, and industrial solid wastes. B. Legal Building, Structure, Land Use - any building, structure or use of the land that complies with all zoning requirements. 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 the Zoning Code, to conform to the present requirements of the zone in which it is located. D. Level of Service - an established minimum capacity ofpublic facilities or services that must be provided per unit of demand or other appropriate measure of need. 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 ". F. Lot Area - the total area within the lot lines of a lot, excluding any primary access easements or panhandles. G. Lot, Corner - a lot situated at the intersection of two or more streets. H. Lot, Reverse Corner - a corner lot in which the rear property line coincides with the side property line of an abutting lot. 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. J. Lot, Zoning - a single tract of land located within a single block, which at the time of 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. 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 -14- be determined during the subdivision approval process, or, if not determined during subdivision review, shall be determined by the Planning Director. L. Lot Line, Rear - that boundary of a lot which is most distant from and is most nearly parallel to the front lot line. M. Lot Line, Side - any boundary of a lot which is not a front nor a rear lot line. 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. 0. Lot of Record - a parcel of land that is registered as a lot or parcel of land in the records of the County Auditor. P. Lot Width - the horizontal distance between side lot lines measured at right angles to 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. 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 by 16 inches by 8 inches with an antenna no greater than 30 inches 17.08.070 - "M" A. Manufactured Home - Factory built, single - family structures that meet the National Manufactured Home Construction and Safety Standards Act (42 U.S.C. Sec. 5401), commonly known as the HUD (U.S. Department of Housing and Urban Development) Code, and that also meets the following requirements: 1. Consists of two or more fully enclosed parallel sections each of not less than 12 feet wide by 36 feet long; 2. Bears an insignia issued by the appropriate federal agency indicating compliance with the construction standards of the U.S. Department of Housing and Urban Development (HUD) as amended and as approved by the State of Washington. 3. Is placed on an on -grade permanent foundation or on footings and piers or on blocks in accordance with HUD's specifications for the specific home and has skirting installed so that no more than one foot of the skirting is visible above grade; 4. Has all support appurtenances removed; 5. Is served by underground electrical power; 6. Was originally constructed with and now has a composition or wood shake or shingle, coated metal, or similar roof of not less than 3.12 pitch; and 7. Has exterior siding similar in appearance to siding materials commonly used on conventional site built Uniform Building Code single - family residences. B Massage - the method, art or science of treating the human body for hygienic remedial or relaxational purposes by rubbing, stroking, kneading, tapping, rolling or manipulating the human body of another with the hands, or by any other agency or instrumentality. C. Massage Parlor - any premises where massages are given or furnished for, or in expectation of any fee, compensation or monetary consideration, except: 1. Facilities adjunct to athletic clubs, medical facilities, hotels, motels or beauty salons; and 2. Enterprises licensed by the State and operating as approved Home Occupations. BD. Medical /Dental Building - a building or group of buildings designed for the use of physicians and dentists and others engaged professionally in such healing arts for humans as are recognized by the laws of the State of Washington. €E. Mobile Home - (See the definition for Trailer, House). F. Motel - an establishment consisting of a group of living or sleeping accommodations with bathroom, with or without kitchen facilities, located on a single zoning lot and designed for use by transient tourists. EG. Motor Freight Terminal - a building or area in which freight brought by motor truck is assembled and /or stored for routing intrastate and interstate shipment by motor truck. 17.08.075 - "N" A. Neighborhood - an area located within a district where people live, which is defined by the primary type and /or density of the residential units located in that particular area of the district. B. Neighborhood Density: The neighborhood density is the number of dwelling units per acre allowed by zoning when streets, parks, electrical distribution substations, and other necessary supporting developments are included in the calculation. BC. Nonconforming Building or Structure - any building or structure which does not conform with the lot area, yard, height, or lot coverage restrictions in these Regulations, or is designed or intended for a use that does not conform to the use regulations for the zone in which it is located, either at the effective date of these Regulations or as the result of subsequent amendments to these Regulations. ED. Nonconforming Lot - a legally established lot, the area, dimensions or location of which met the applicable zoning code requirements in effect at the time the lost was created, but which fails by reason of such adoption, revision or amendment of the Zoning Code, to conform to the present requirements of the zone in which it is located. DE. Nonconforming Use - any use of land, building or structure which does not comply with all of these Zoning Regulations or of any amendment hereto governing use for the zoning district in which such use is situated. FF. Noxious Matter - material capable of causing injury to living organisms by chemical reaction, or is capable of causing detrimental effects upon the physical or economic well -being of individuals. FG. Nursing Home or Convalescent Home. - A residential facility that provides convalescent and /or chronic care to three or more patients not related to the operator and who by reason of illness or infirmity are not able to properly care for themselves and that is licensed by the State as a "Nursing Home" pursuant to Chapter 18.51 RCW. 17.08.080 - "0" A. Off - street Parking Space - an area of at least 81/2 feet in width and 18 feet in length, 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 B. Open Space - natural areas of unique 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 landscaped 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 -16- C. 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 land. 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 the 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, but such term does not include current, illegal use of, or active addiction to a controlled substance. B. Person - any person, firm, partnership, association, corporation, company, or other legal entity, private or public, whether for profit or not for profit. C. Planned Industrial Development (PID): A PID is a site specific development which has been approved by the City Council under the provisions of Chapter 17.31 of the Port Angeles Municipal Code. ED. Planning Area - a large geographical area of the City, which is defined by physical characteristics and boundaries. DE. 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. EF. 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. 17.08.087 - "Q" Quasi - Public - a characteristic of seemingly like but not actually being of a public entity, having the characteristics of being public such as open and available to all citizens without discrimination of any kind, benefitting the public, providing a nonprofit service or facility and receiving assistance from a governmental agency; quasi - public entities include but are not limited to nonprofit and other groups, such as the International Red Cross, YMCA, YWCA, and Serenity House, for which membership in the organization is not required to receive services or use the facilities. 17.08.090 - "R" A. Reclassification - a change in zoning boundaries upon the zoning map which is an official part of these Zoning Regulations. B. Reconstruction - the act of constructing again. C. Recreation Facility or Area, Non - Commercial - a facility or area for recreation purposes, such as a swimming pool, park, tennis court, playground. or other similar use operated and maintained by a non - profit club or organization. D. Recreational Purpose: An express intent of a space design and development to service a particular healthful or aesthetic activity. DE. Residence - a building or structure, or portion thereof, which is designed for and used to provide a place of abode for human beings. The term "residence" includes the term "residential" as referring to the type, or intended use, of a building. EF. Residential Care Facility - a residential facility that provides care for at least five (5) but not more than fifteen (15) people with functional disabilities and is as defined in RCW 70.128.175 and as required to be licensed by the State as a "Boarding Home" pursuant to Chapter 18.20 RCW EG. Restoration - the act of putting back or bringing back into a former or original state 6H. Roof - a structure covering any portion of a building or structure, including the projections beyond the walls or supports. 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. B. Setback - the required minimum distance between any lot line and any structure or building. C. Shopping Center - A group of commercial establishments planned, constructed, and managed as a total entity, with customer and employee parking provided on -site, provision for goods delivery separated from customer access, aesthetic considerations and protection from the elements, and landscaping and signage in accordance with an approved plan. Shopping Centers are further defined by size and the area their shoppers come from: 1. A community shopping center features a junior department store and contains approximately 150,000 square feet of gross leasable area and has a site area of ten to twenty -five acres. Its clientele draw is approximately a ten - minute drive from the center. 2. A neighborhood shopping center generally offers goods necessary to meet daily needs, occupies up to ten acres, has up to 100,000 square feet of gross leasable area, and draws its clientele from a five - minute driving radius from the center. ED. 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 DE. 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. EF. Sign, Area - the area of a sign shall be the sum of each display surface including both sides of a double -faced sign, as determined by circumscribing the exterior limits on the mass of each display erected on one sign structure with a circle, triangle, or quadrangle connecting all extreme points. Where a sign is composed of two or more individual letters mounted directly on a wall, the total display surface, including its background, shall be considered one sign for purposes of calculating sign area. The structure supporting a sign is not included in determining the area of the sign, unless the structure is designed in a way to form an integral part of the display. FG. Single Family Residence - one detached dwelling on an individual lot for occupancy by one family. €H. Special Use Permit - a limited permission to locate a particular use at a particular location, which limited permission is required to modify the controls stipulated by these regulations in such degree as to assure that the particular use shall not prove detrimental to surrounding properties, shall not be in conflict with the Comprehensive Plan, and shall not be contrary to the public interest. HI. 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. f . Street - a public right -of -way which affords a primary means of access to abutting property. �K. Street Right -of -Way Line - the boundary line between a street and abutting property. IL. 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. JM. 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. MN. Subordinate - less important than and secondary to a primary object, usually in these Zoning Regulations referring to an accessory use. NO. 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. 1 7.08.100 - "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. Through Lot - (See "Lot, Through "). 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. D. Townsite Block: A block of 500' x 300' dimension or 3.44 acres as created by the original platting of the Townsite of Port Angeles. DE. 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. EF. 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. FG. Trailer Park, Trailer Court, Mobile Home Park, Recreational Vehicle Park - any premises on which are parked one or more vehicles designed, intended, arranged, or used for living 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. H. Trellis - a lattice work structure designed to support plant growth. Trellises that demarcate an entryway to a yard, are detached from any other structure on the site, have a minimum sidewalk span of four (4) feet, depth of two (2) feet and a height of eight (8) feet, is exempt from the requirement for a building permit and is not considered a structure. -19- 17.08.105 - "U" A. Unclassified Use Permit - a limited permission to locate a particular unusual, large - scale, unique or special use at a particular location, which limited permission is required to modify the controls stipulated by these Regulations in such degree as to assure that the particular use shall not prove detrimental to surrounding properties, shall not be in conflict with the Comprehensive Plan, and shall not be contrary to the public interest. B. Unclassified Use - a use which is not permitted in any zone and which requires a special degree of control to make such use consistent and compatible with other existing or permissible uses in the same zone C. Use - the purpose or activity for which the land, or building thereof, is designed, arranged or intended, or for which it is occupied or maintained and shall include any manner of performance of such activity with respect to the performance standards of these Zoning Regulations. D. Use, Principal - the main use of land or buildings as distinguished from a subordinate or accessory use. E. Utility Building or Structure - an installation to provide utility service, including wireless communication facilities to which the structure height is equal or less than the maximum building height of the zone in which it will be located. 17.08.110 - "V" A. Variance - an adjustment in the application of the specific regulations to a particular parcel of property which property, because of special circumstances applicable to it, is deprived of privileges commonly enjoyed by other properties in the same vicinity and zone. 17.08.115 - "W" A. Wireless Communication Facilities (WCFs) - an unstaffed facility for the transmission and /or reception of wireless telecommunications services, including support structures, antennas, accessory equipment, and appurtenances, used to transmit, receive, distribute, provide, or offer personal wireless communication services. WCFs include but are not limited to antennas, plies, towers, cables, wires conduits, ducts, pedestals, vaults, buildings, and electronic and switching equipment. 17.08.125 - "Y" A. Yard - an open space on a zoning lot which is unoccupied and unobstructed from its lowest ground level to the sky, except as otherwise permitted in the Permitted Intrusions in Required Yards in these Regulations. A yard extends along and at right angles to a lot line to a depth or width specified in the yard regulations for the zoning district area in which such zoning lot is located. B. Yard, Front - extends along the full length of the front lot line, between the two side lot lines and to the closest building on the same lot, or to a distance designated in Zoning Regulations. C. Yard, Rear - extends along the full length of the rear lot line, between the two side lot lines and to the closest principal building on the same lot, or to a distance designated in Zoning Regulations. D. Yard, Side - extends along a side lot lien from the front yard to the rear yard, between the side lot line and to the closest building on the same lot, or to a distance designated in Zoning Regulations. 17.08.130 - "Z" A. Zone - an area defined as to boundaries and location, and classified by the Zoning Regulations as available for certain types of uses, and which other types of uses are excluded. B. Zoning Lot - a single tract of land located within a single block, which at the time of 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. C. Zoning Lot Covenant - an agreement, on a form provided by the Planning Department, which is recorded at the County auditor's Office by a property owner of two or more adjacent lots and which designates said lots as a single, inseparable building lot. CHAPTER 17.10 RS -7 RESIDENTIAL, SINGLE FAMILY Sections: 17.10.010 Purpose 17.10.020 Permitted Uses. 17.10.030 Accessory Uses. 17.10.040 Conditional Uses. 17.10.050 Area and Dimensional Requirements. 17.10.060 Off - Street Parking. 17.10.070 Signs. 17.10.010 Purpose 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. Because of land use impacts associated with nonresidential uses, few nonresidential uses are allowed in this zone and then only conditionally. This zone provides the basic urban land use pattern for the City's single family residential neighborhoods, following a standard rectangular street grid system of 60 -foot rights -of -way for local access streets and 300 -foot by 500 -foot blocks with 50 -foot by 140 -foot lots and usually located in areas that are largely developed and closer to the center of the City. 17.10.020 Permitted Uses. A. Adult family home. B. Detached single family residences. 17.10.030 Accessory Uses. A. Garages and carports. B. Greenhouses, gazebos, storage sheds, and similar accessory structures. C. Swimming pools and cabanas. D. Private television satellite reception dishes. E. Other accessory uses determined by the Planning Director to be compatible with the intent of this Chapter 17.10.040 Conditional Uses. A. Accessory residential units. B. Agricultural nurseries and greenhouses. C. Art galleries and museums. -21- D. Assisted living facility. E. Child day -care centers and pre - schools. F. Churches. G. Communications transmission buildings and structures; e.g., radio tower. H. Duplexes on lots greater than 10,500 square feet in area. I. Group homes and hospices. J. Libraries. K. Nursing and convalescent homes. L. Public and private schools. M. Public Housing Authority offices and maintenance structures located on Public Housing Authority housing sites. N. Public parks and recreation facilities. O. Public utility structures. P. Radio and television stations, provided that antenna is on site. Q. Residential care facilities. R. Other uses compatible with the intent of this Chapter. 17.10.050 Area and Dimensional Requirements. A. Permitted uses 1. Minimum lot area: 7,000 square feet. 2. Minimum lot width: 50 feet. 3. Minimum setback: Front 20 feet; Rear 20 feet, except 10 feet for detached accessory buildings in the rear one -third of the lot; Side, interior 7 feet, except 3 feet for detached accessory buildings in the rear one -third of the lot Side, abutting a street 13 feet; Side, abutting an alley 10 feet; PROVIDED, however, that additional minimum setbacks to ensure a safe building site may be required when the property contains a bluff, ravine, stream, or similar feature. 4. Maximum lot coverage: 30% 5. Maximum height: 30 feet. B. Density shall not exceed one dwelling unit for every 5:2-50 7,000 square feet of lot area (8.29 6.22 units /gross acre), except that an "accessory residential unit" and conditionally approved duplexes shall be exempt from density limitations. C. Conditional uses shall comply with the minimum standards in Subsection 17.10.050A, unless otherwise specified in Table "A" which is attached hereto and incorporated herein by this reference, or as may be increased by the City Council to ensure that specific conditional uses are compatible with the RS -7 zone 17.10.060 Off - Street Parking. Parking shall be provided as required by Chapter 14.40 of the Port Angeles Municipal Code 17.10.070 Signs. One sign per lot is permitted. This sign may be one square foot in area, unlighted, and displaying only the name of the occupant (or as otherwise specified in Table "A "); provided that official traffic signs, street signs, and identification and warning signs for public utility buildings and structures shall be exempt from these restrictions. CHAPTER 17.11 RS -9 - RESIDENTIAL, SINGLE FAMILY Sections: 17.11.010 Purpose 17.11.020 Permitted Uses. 17.11.030 Accessory Uses. 17.11.040 Conditional Uses. 17.11.050 Area and Dimensional Requirements. 17.11.060 Off - Street Parking. 17.11.070 Signs. 17.11.010 Purpose. 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. Because of land use impacts associated with nonresidential uses, few nonresidential uses are allowed in this zone and then only conditionally. This zone provides for a variety in the urban land use pattern for the City's single family residential neighborhoods, following a curvilinear street system of nonthrough public and private streets with irregularly shaped lots, minimum 75 -foot front lot lines, and 60 -foot rights -of -way for collector arterial streets in large rectangular blocks and usually located in outlying areas with large tracts of vacant buildable land. 17.11.020 Permitted Uses. A. Adult family home. B. Detached single family residences. 17.11.030 Accessory Uses. A. Garages and carports. B. Greenhouses, gazebos, storage sheds, and similar accessory structures. C. Noncommercial animal husbandry provided that: 1. Hoofed animals are housed no closer that 100 feet from any property line. 2. A minimum of 1 acre per hoofed animal is maintained. 3. 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. D. Private horse stables, provided that: 1. Stables are constructed no closer than 100 feet from any property line. 2. A minimum area of 1 acre per horse is maintained. 3. A minimum 5 -foot high fence is installed on property lines. E. Private television satellite reception dishes. F Swimming pools and cabanas. G. Other accessory uses determined by the Planning Director to be compatible with the intent of this Chapter. 17.11.040 Conditional Uses. A. Accessory residential units. B. Agricultural nurseries and greenhouses. C. Art galleries and museums. D. Assisted living facility. -23- E. Churches. F. Communications transmission buildings and structures; e.g., radio tower. G. Child day -care centers and pre - schools. H. Duplexes. I. Group homes and hospices. J. Libraries. K. Nursing and convalescent homes. L. Public parks and recreation facilities. M. Public utility structures. N. Public and private schools. O. Radio and television stations, provided that antenna is on site. P. Residential care facilities. Q. Other uses compatible with the intent of this Chapter. 17.11.050 Area and Dimensional Requirements. A. Permitted Uses 1. Minimum lot area: 9,000 square feet. 2. Minimum lot width: 75 feet. 3. Minimum setback: Front 25 feet; Rear 25 feet, except 10 feet for detached accessory buildings in the rear one -third of the lot; Side, interior 8 feet, except 3 feet for detached accessory buildings in the rear one -third of the lot; Side, abutting a street 18 feet; PROVIDED, however, that additional minimum setbacks to ensure a safe building site may be required when the property contains a bluff, ravine, stream, or similar feature. 4. Maximum lot coverage: 30% 5. Maximum height: 30 feet. B. Density shall not exceed one dwelling unit for every 3,000 9,000 square feet of lot area (6722 4.84 units /gross acre) except that an "accessory residential unit" and conditionally approved duplexes shall be exempt from density limitations. C. Conditional Uses Conditional uses shall comply with the minimum standards in Subsection 17.11.050A, unless otherwise specified in Table "A ", or as may be increased by the City Council to ensure that specific conditional uses are compatible with the RS -9 zone. 17.11.060 Off - Street Parking. Parking shall be provided as required by Chapter 14.40 of the Port Angeles Municipal Code. 17.11.070 Signs. One sign per lot is permitted. This sign shall be one square foot in area, unlighted, and displaying only the name of the occupant or as otherwise specified in Table "A "); provided that official traffic signs, street signs, and identification and warning signs for public utility buildings and structures are exempt from these restrictions. CHAPTER 17.12 RS -11 - RESIDENTIAL, SINGLE FAMILY Sections: 17.12.010 Purpose. 17.12.020 Permitted Uses. 17.12.030 Accessory Uses 17.12.040 Conditional Uses. 17.12.050 Area and Dimensional Requirements. 17.12.060 Off - Street Parking. 17.12.070 Signs. 17.12.010 Purpose. This is a low density residential zone intended to create and preserve sub -urban sized single family residential neighborhoods consisting of predominantly single family homes on larger than standard sized Townsite -sized lots, while maintaining densities at or more than 4 dwelling units per acre. Uses that are compatible with and functionally related to a single family residential environment may be located in this zone. Because of land use impacts associated with nonresidential uses, few nonresidential uses are allowed in this zone and then only conditionally. This zone provides for a variety in the urban land use pattern for the City's single family residential neighborhoods, following a curvilinear street system of nonthrough public and private streets with irregularly shaped lots, minimum 75 -foot front lot lines, and 60 -foot rights -of -way for collector arterial streets in large rectangular blocks and usually located in outlying areas with large tracts of vacant buildable land. 17.12.020 Permitted Uses. A. Adult family home. B. Detached single family residences. 17.12.030 Accessory Uses. A. Garages and carports. B. Greenhouses, gazebos, storage sheds, and similar accessory structures. C. Noncommercial animal husbandry provided that: 1. Hoofed animals are housed no closer that 100 feet from any property line. 2. A minimum of 1 acre per hoofed animal is maintained. 3. 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. D. Private horse stables, provided that: 1. Stables are constructed no closer than 100 feet from any property line. 2. A minimum area of 1 acre per horse is maintained. 3. A minimum 5 -foot high fence is installed on property lines. E. Private television satellite reception dishes. F Swimming pools and cabanas. G. Other accessory uses determined by the Planning Director to be compatible with the intent of this Chapter. 17.12.040 Conditional Uses. A. Accessory residential units. B. Agricultural nurseries and greenhouses. C. Art galleries and museums. D. Assisted living facility. E. Churches. F. Communications transmission buildings and structures; e.g., radio tower. G. Child day -care centers and pre - schools. H. Duplexes. (16,500 SF) I. Group homes and hospices. J. Libraries. K. Nursing and convalescent homes. L. Public parks and recreation facilities. M. Public utility structures. N. Public and private schools. O. Radio and television stations, provided that antenna is on site. P. Residential care facilities. 9. Other uses compatible with the intent of this Chapter. 17.12.050 Area and Dimensional Requirements. A. Permitted Uses 1. Minimum lot area: 11,000 square feet. 2. Minimum lot width: 75 feet. 3. Minimum setback: Front 25 feet; Rear 25 feet, except 10 feet for detached accessory buildings in the rear one -third of the lot; Side, interior 8 feet, except 3 feet for detached accessory buildings in the rear one -third of the lot; Side, abutting a street 18 feet; PROVIDED, however, that additional minimum setbacks to ensure a safe building site may be required when the property contains a bluff, ravine, stream, or similar feature. 1. Maximum lot coverage: 30% 2. Maximum height: 30 feet. B. Density shall not exceed one dwelling unit for every 11,000 square feet of lot area (3.96 units /gross acre) except that an "accessory residential unit" and conditionally approved duplexes shall be exempt from density limitations. C. Conditional Uses Conditional uses shall comply with the minimum standards in Subsection 17.12.050A, unless otherwise specified in Table "A", or as may be increased by the City Council to ensure that specific conditional uses are compatible with the RS -11 zone. 17.12.060 Off - Street Parking. Parking shall be provided as required by Chapter 14.40 of the Port Angeles Municipal Code. 17.12.070 Signs. One sign per lot is permitted. This sign shall be one square foot in area, unlighted, and displaying only the name of the occupant or as otherwise specified in Table "A "); provided that official traffic signs, street signs, and identification and warning signs for public utility buildings and structures are exempt from these restrictions. CHAPTER 17.13 RTP - RESIDENTIAL TRAILER PARK Sections: 17.13.010 Purpose. 17.13.020 Permitted Uses. 17.13.030 Accessory Uses and Buildings. 17.13.040 Conditional Uses. 17.13.050 Area and Dimensional Requirements. 17.13.060 Off - street Parking Required. 17.13.070 Signs Permitted. 17.13.080 Trailers. 17.13.090 Trailer Parks. 17.13.100 Additional Development Standards. 17.13.010 Purpose. This is a medium density residential zone intended for mobile home occupancies, and the area is regarded as essentially residential in character. Few nonresidential uses are allowed in this zone and then only conditionally, because of land use impacts associated with nonresidential uses. This zone provides the basic urban land use pattern for the City's small lot, single family, mobile home parks, following an irregular urban land use pattern of private access roads and minimum 3500 square foot lots. 17.13.020 Permitted Uses. A. Manufactured homes on individual lots that meet the development standards minimum lot area and dimension requirements of the RS -7 zonc B. Mobile homes. C. Trailer Parks. 17.13.030 Accessory Uses and Buildings. A. Garages and carports. B. Greenhouses, gazebos, storage sheds, and similar accessory structures. C. Swimming pools and cabanas. D. Private television satellite reception dishes. E. Community recreation rooms and laundry rooms. F. Playground equipment. G. Manager's office. H. Propane fuel storage tanks. I. Shower and laundry rooms. J. Lavatories. K. Other accessory uses determined by the Planning Director to be compatible with the intent of this Chapter. 17.13.040 Conditional Uses. Trailer supplies office. 17.13.050 Area and Dimensional Requirements for Trailer Parks. A. Minimum Lot Area: 4 acres for trailer park; 3,500 sq.ft. individual site. B. Minimum Lot Width: 400 feet for trailer park; 40 feet per individual site. C. Minimum Yard Requirements: TRAILER PARK - No building, trailer, structure, cabana, carport shall be permitted closer than 30 feet to the nearest public right -of -way, and no closer than 10 feet to any property line of a trailer park. D. Individual Trailer Sites 1. Front: 14 feet to front property line of individual site. 2. Rear: 10 feet to rear property line of individual site. 3. Sides: 7 feet to side property line of individual site. E. Minimum total land area required for a trailer park shall be 4 acres. F. Density shall not exceed one trailer for every 5,000 sq. ft.. (8.71 units /acre) of total land area. Said total land area ratio to include driveways, toilet and laundry buildings, playground- recreation open spaces, individual trailer sites, and caretaker's quarters. G. Each individual trailer site shall have a minimum lot area of 3500 square feet and a minimum lot width of 40 feet. H. A minimum of 10% of the total area of a trailer park shall be reserved and shall be used solely and exclusively for a playground- recreation open space. L No building, trailer, structure, cabana, carport, or solid fence shall be permitted closer than 30 feet to any property line that abuts a street or public right -of -way, and no closer than 10 feet to any other property line. J. In the interests of fire prevention, there shall be a minimum space of 14 feet between trailers, including cabanas. 17.13.060 Off - street Parking Required. Parking shall be provided as required by Chapter 14.40 of the Port Angeles Municipal Code. 17.13.070 Signs Permitted. A. Signs no larger than 12 sq.ft., unlighted, one per trailer park. B. Signs no larger than 1 sq.ft., unlighted, one per individual site 17.13.080 Trailers. House trailers, automobiles, automobile trailers, mobile homes, park model manufactured homes, boats, recreation vehicles, vacation trailers and campers used for residential purposes shall not be permitted for occupancy in the City of Port Angeles except in approved Trailer Parks or as permitted by Section 17.95.060 PAMC (Temporary Use Permit). 17.13.090 Trailer Parks. A. No person, company or corporation shall establish a new trailer park or mobile home park or enlarge an existing trailer or mobile home park within the City limits of Port Angeles without first obtaining a permit for a trailer park from the Port Angeles Planning Commission. B. Permit fees shall be as set forth in Chapter 3.70 PAMC. C. Said Permit shall require the following: 1. A plot plan showing the location of the proposed trailer park and all buildings, sanitary facilities, playground- recreation open space, utility buildings, driveways, and -28-- individual trailer sites, including all dimensions of the trailer park tract, each individual trailer site, parking facilities and patio, and including plans and specifications of all buildings shall be submitted to the Planning Commission. 2. Approval of the Building Official, City Engineer, Fire Chief and City Manager and Health Officer, regarding City codes, ordinances and standards. 17.13.100 Additional Development Standards. A. Location: Trailer parks may be located upon approval of the Planning Commission and by Conditional Permit from said Commission, in any district zone in which multiple dwellings are permitted. Each boundary of the park must be at least 200 feet from any permanent residential building located outside the park, unless separated therefrom by a natural or artificial barrier, or unless a majority of the property owners according to area within said 200 feet, consent in writing to the establishment of the park. B. Driveways, Walkways: 1. All mobile home spaces shall abut upon a private roadway, which is not less than 25 feet in width and which shall have unobstructed access to a public street or highway. 2. Walkways not less than two feet wide shall be provided from the mobile home spaces to the service buildings. 3. All driveways and walkways within the park shall be lighted at night with electric lamps of not less than 50 watts each, spaced at intervals of not more than 100 feet. C. Screening: Excepting the entrance - driveway, a screening of evergreen trees or shrubs shall be maintained at a planting height of 5 feet and at a height of 12 feet at full growth, in the front, side, and rear yards of every trailer park. D. Signs: Signs not to exceed 12 square feet shall be permitted. No lighted signs of any kind shall be permitted. One sign per trailer park. E. Sanitation Facilities: Each trailer park shall be provided with toilets, baths, or showers, slop sinks and other sanitation facilities which shall conform to all City and State health rules and codes. F. Water Supply: An adequate supply of pure water for drinking and domestic purposes shall be supplied by pipes to all buildings and mobile home spaces within the park to meet the requirements of the park. Each mobile home space shall be provided with a cold water tap at least four inches above the ground. An adequate supply of hot water shall be provided at all times in the service buildings for all bathing, washing, cleansing, and laundry facilities. G. Laundry Facilities: Laundry facilities shall be provided with one single laundry tray and one automatic or semi - automatic type washing machine for each 10 mobile home spaces or any less number thereof. H. Service Buildings: 1. Service buildings housing sanitation and laundry facilities shall be permanent structures complying with all applicable ordinances and statutes regulating building, electrical installations, and plumbing systems. 2. Service buildings housing sanitation facilities shall be located not closer than 20 feet nor farther than 200 feet from any mobile home space. I. Sewage and Refuse Disposal: Waste from showers, bath tubs, flush toilets, urinals, lavatories, slop sinks, and laundries in service and other buildings and from each trailer within the park shall be discharged into a public sewer system in compliance with applicable ordinances. J. Garbage Receptacles: Regulation garbage receptacles with tight- fitting covers shall be provided in quantities to permit disposal of all garbage and rubbish. Garbage receptacles may be located in groups not farther than 100 feet from any mobile home space. The receptacles shall be kept in sanitary condition at all times. Garbage and rubbish shall be collected and -29- disposed of as frequently as may be necessary to ensure that individual garbage receptacles shall not overflow. K. Fire Protection: Every park shall be equipped at all times with fire extinguishing equipment in good working order, of such type, size and number and so located within the park as to satisfy applicable reasonable regulations of the Fire Department. No open fires shall be permitted at any place which may endanger life or property. CHAPTER 17.14 RMD - RESIDENTIAL, MEDIUM DENSITY Sections: 17.14.010 Purpose. 17.14.020 Permitted Uses. 17.14.025 Accessory Uses. 17.14.030 Conditional Uses. 17.14.040 Area and Dimensional Requirements. 17.14.050 Off - Street Parking. 17.14.060 Signs Permitted. 17.14.070 Design and Landscaping. 17.14.010 Purpose. 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 higher densities of 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. Few nonresidential uses are allowed in this zone and then only conditionally, because of land use impacts associated with nonresidential uses. This zone provides for a variety in the urban land use pattern for the City's lower density multi - family residential neighborhoods (at twice the density of the City's basic single family residential neighborhoods) with direct access on an arterial street, usually located in outlying areas with large tracts of vacant buildable land, and serving as a transitional use between low density residential uses and commercial /industrial uses. 17.14.020 Permitted Uses. A. Accessory residential units. B. Adult family homes. C. Apartments. D. Duplexes. E. Single family residences. 17.14.025 Accessory Uses. A. Garages and carports B. Greenhouses, gazebos, storage sheds, and similar accessory structures. C. Swimming pools and cabanas. D. Private television satellite reception dishes. E. Community recreation rooms and laundry rooms. F. Playground equipment. G. Manager's office. H. Other accessory uses determined by the planning Director to be compatible with the intent of this Chapter. 17.14.030 Conditional Uses. A. Art galleries and museums. B. Assisted living facility. C. Child day -care centers and pre - schools. D. Churches. E. Group homes and hospices. F. Libraries. G. Nursing and convalescent homes. H. Public parks and recreation facilities. I. Public and private schools. J. Residential care facilities. K. Social service agencies providing 24 -hour residential care. L. Utility buildings and structures. M. Other uses compatible with the intent of this Chapter. 17.14.040 Area and Dimensional Requirements. A. Minimum lot area shall be 7,000 square feet. B. Density shall not exceed rirre two dwelling units for e-mry-37500 the first 7,000 square feet of lot area plus one unit for each additional 1,000 square feet of lot area. (Maximum 12.44 units /acre) C. Minimum yard requirements: 1. Front: 25 feet from front property line. 2. Sides: No structure shall be permitted closer than 7 feet to any side lot line on the front two- thirds of the lot. Detached accessory buildings only on the rear one -third of the lot may be permitted to within 3 feet of the side lot line. On corner lots, the side yard abutting a street shall have a setback of 13 feet. 3. Rear: No residential structure shall be permitted within 25 feet of the rear property line. Detached accessory buildings are permitted not closer than 10 feet to the rear property line or alley. D. Maximum lot coverage: 30 %. E. Maximum height: 35 feet. 17.14.050 Off - Street Parking. Parking shall be provided as required by Chapter 14.40 of the Port Angeles Municipal Code. 17.14.060 Signs Permitted. One sign per building is allowed. Signs shall not exceed 10 square feet in area and shall not be flashing or intermittent. Additional signage may be allowed with Planning Commission approval of a Conditional Use Permit. 17.14.070 Design and Landscaping for Apartments. A. All designated outdoor storage areas, except for City mechanized refuse collection system containers, shall be screened from view from public rights -of -way and abutting property by a vision - obscuring fence 6 feet in height. B. All lighting on the site shall be directed away from adjoining residential properties and public rights -of -way. C. Unused space which is over 24 square feet in area and which results from the design of parking space arrangements or accessory structures shall be landscaped. D. One tree shall be provided for each 10 parking spaces, exclusive of any perimeter landscaping. Trees shall have a minimum caliper of two inches and shall have a height of at least 20 feet at maturity. E. All parking lots shall be screened by a 3 -foot to 6 -foot vision - obscuring fence or vegetation on all sides adjacent to residentially zoned property; except that parking lots with less than 900 square feet of contiguous area shall be exempt from this landscaping requirement. F. At least 30% of the site shall be landscaped with a mixture of ground cover, shrubs, and trees. CHAPTER 17.15 RHD - RESIDENTIAL, HIGH DENSITY Sections: 17.15.010 Purpose. 17.15.020 Permitted Uses. 17.15.030 Accessory Uses. 17.15.040 Conditional Uses. 17.15.050 Area and Dimensional Requirements. 17.15.060 Off - street Parking. 17.15.070 Signs Permitted. 17.15.080 Design and Landscaping. 17.15.010 Purpose. This is a high density residential zone for multi - family residential structures. Compatible uses may be allowed on Conditional Use Permits but the zone is still regarded as a residential area, and commercial enterprises are not generally felt to be compatible. Few nonresidential uses are allowed in this zone and then only conditionally, because of land use impacts associated with nonresidential uses. This zone provides the basic urban land use pattern for the City's higher density multi - family residential neighborhoods (at seven times the density of the City's basic single family residential neighborhoods), following a standard rectangular street grid system of 60 -foot rights -of -way for local access streets and 300 -foot by 500 -foot blocks and usually located in areas that are largely developed and closer to the center of the City units. 17.15.020 Permitted Uses. A. Adult family homes. B. Mortuaries, funeral parlors. C. Multi- family dwellings, apartments, duplexes, dormitories, accessory residential D. Single family residences. 17.15.030 Accessory Uses. A. Garages and carports. B. Greenhouses, gazebos, storage sheds, and similar accessory structures. C. Swimming pools and cabanas. D. Private television satellite reception dishes. -32- E. Community recreation rooms and laundry rooms. F. Playground equipment. G. Manager's office. H. Other accessory uses determined by the planning Director to be compatible with the intent of this Chapter. 17.15.040 Conditional Uses. A. Art galleries and museums. B. Assisted living facilities. C. Child day -care centers and pre - schools. D. Churches. E. Golf courses. F. Group Homes and hospices. G. Libraries. H. Mortuaries. I. Nursing and convalescent homes. J. Public and private schools. K. Public parks and recreation facilities. L. Residential care facilities M. Social service agencies providing 24 -hour residential care. N. Utility buildings and structures. O. Other uses compatible with the intent of this Chapter. 17.15.050 Area and Dimensional Requirements. A. Minimum Lot Area - 7,000 square feet. B. Density shall not exceed two (2) dwelling units for the first 7,000 square feet of lot area plus one (1) dwelling unit for each additional 1,000 square feet of lot area (maximum 38.56 units /acre). C. Minimum Yard Requirements 1. Front: 25 feet from front lot line. 2. Sides: No structure shall be permitted closer than 7 feet to any side lot line on the front two thirds of the lot. Detached accessory buildings only, on the rear one third of the lot may be permitted to within 3 feet of the side line. On corner lots, the side yard abutting a street shall have a setback of 13 feet unless more is required by Ordinance No. 1635. 3. Rear: No residential structure shall be permitted within 25 feet of the rear property line. Detached accessory buildings are permitted not closer than 10 feet to the rear property line or alley. D. Maximum Lot Coverage - 30 %. E. Maximum Height - 35 feet. 17.15.060 Off - street Parking Parking shall be provided as required by Chapter 14.40 of the Port Angeles Municipal Code. 17.15.070 Signs Permitted. A. Permitted Uses: Signs not larger than 10 sq. ft., lighted, but not flashing or intermittent. One per building. B. Conditional Uses: Size and type as determined by Planning Commission 17.15.080 Design and Landscaping. A. All outdoor storage areas, except for City mechanized refuse collection system containers, shall be screened from view from public rights -of -way and abutting property by a vision-obscuring fence 6 feet in height. B. All lighting on the site shall be so directed as to reflect away from adjoining residential properties and public rights -of -way. C. Unused space which is over 24 square feet and which results from the design of parking space arrangements or accessory structures shall be landscaped. D. One tree shall be provided for each group of 10 parking spaces, exclusive of any perimeter landscaping. Trees shall have a minimum caliper of two inches and shall have a height of at least 20 feet at maturity. E. All parking lots shall be screened by a 3 -foot to 60 -foot vision - obscuring fence or vegetation on all sides adjacent to residentially zoned property. CHAPTER 17.19 PRD - PLANNED RESIDENTIAL DEVELOPMENT OVERLAY ZONE Sections: 17.19.010 Purpose 17.19.011 Definitions. 17.19.020 Applicability. 17.19.030 Permitted Uses. 17.19.031 Conditional Uses. 17.19.040 Permitted Modifications of Land Use Regulations. 17.19.050 Standards. 17.19.060 Basic Density. 17.19.061 Additional Density Crcdits. 17.19.070 Procedure for Approval. 17.19.080 Pre - Application Review. 17.19.090 Application Procedure. 17.19.100 Routing and Staff Recommendations. 17.19.110 Planning Commission Public Hearing - Scheduling and Notice. 17.19.120 Planning Commission Recommendation - Preliminary Development Plans. 17.19.130 City Council Action - Preliminary Development Plans. 17.19.140 Final Approval of Planned Residential Development. 17.19.150 Planning Commission Review of Final Development Plan. 17.19.160 City Council Final Action. 17.19.170 Building Permits. 17.19.180 Modifications After Final Approval. 17.19.010 Purpose. This Overlay Zone is to provide alternative zoning regulations which permit and encourage design flexibility, conservation and protection of natural amenities 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 and results in a specifically approved site dejgn. It is also intended that a Planned Residential Development may combine a number of lad use decisions such as critical areas protection 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 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. Few nonresidential uses are allowed in this overlay zone and then only conditionally, because of land use impacts associated with nonresidential uses. This overlay zone provides for the opportunity to create self - contained residential neighborhoods with a variety of housing choices withow Following a standard system of public streets and lot design and with allowances for mixed use, residential and neighborhood commercial developments not usually permitted in residential zones 17.19.011 Definitions. A. Common Usable Open Space: Area within a Planned Residential Development which is accessible and usable to all residents of the development and which is: 1. Land which is unoccupied by nonrecreational buildings, parking areas, or traffic circulation roads; or 2. Land which is dedicated to recreational buildings, structures or facilities; or 3. Land which is dedicated to an open space purpose of the Planned Residential Development such as preservation of natural features. To be considered common usable open space for recreational purposes, the open space must be usable for specific or multi - purpose activities, be located on generally level land, be regularly shaped and contain a minimum of 1000 square feet. B. Neighborhood Density: The neighborhood density is the number of dwelling units per acre allowed by zoning or zones when streets, parks, electrical distribution l Wilt C. Planned Residential Development (PRD): A PRD is a site specific development which has been approved by the City Council under the provisions of Chapter 17.19 of the Port Angeles Municipal Code. D. Recreational Purpose: An express intent of a space design and development to service a particular healthful or aesthetic activity. E. Townsite Block: A block of 500' x 300' dimension or 3.44 acres as created by the original platting of the Townsite of Port Angeles. g liensi Y. permitted in another zone. m uwciiing urns per -35- 17.19.020 Applicability . Planned Residential Developments may be established, subject to final approval of a proposal for a specific parcel or parcels of land, in all districts which allow residential uses and may include land which is zoned PBP. A Planned Residential Development shall contain a minimum of one -(1) acre 3.44 acres with basic densities permitted only per the underlying zone or zones and a minimum of 3.44 acrcs with additional density credits as may be permitted through cc ion 17.19.061. 17.19.030 Permitted Uses are-permitted-within a Planned Residential Development of less than 3.44 acrcs; provided that, for purposes of this Chapter, a sing by-eonmorrwalis7 Residential building types in a Planned Residential Developmentof 3.44 may vary from those permitted in the underlying zone or zones. 17.19.031 Conditional Uses. Conditional uses may be allowed similarly to those conditionally permitted in the underlying zone(s) or may include neighborhood commercial and commercial recreational uses which primarily serve the PRD residents. 17.19.040 Permitted Modifications of Land Use Regulations . The approval of a Planned Residential Development may include modifications in the requirements and standards of the underlying land use regulations of the zone in which the project is located, subject to the limitations of this Chapter, except that no approval shall include a modification, variance or waiver of the setback areas required by the underlying zones along the exterior property lines of the PRD or of the requirements of the Shoreline Master Program except as provided in Chapter 173 -14 WAC. For the purpose of this section, minimum setbacks along exterior property lines shall be based on the final lot configuration after subdivision of the property. 17.19.050 Standards. The following standards shall apply to all Planned Residential Developments: A. All street and utility improvements shall be constructed to standards specified by the City of Port Angeles. Street widths may vary from widths required in the Subdivision Regulations, and interior circulation streets may be either public or private. B. All Planned Residential Developments shall devote at least 30% of the gross area of the site to common usable open space, half of which must be used for recreational purposes and none of which will be credited in the setback areas required along the exterior property lines of the PRD. Street rights -of -way, driveways, parking lots and utility structures shall not be counted as part of the common usable open space. Common usable open space shall be maintained as an integral part of the site and may not be segregated as a separate parcel or parcels unless such parcels are to be owned by a homeowners association. Community recreation facilities and recreation structures shall be included in calculating the area devoted to common usable open space. C. All Planned Residential Developments shall provide for continuous and perpetual maintenance of common open space, common recreation facilities, private roads, utilities, parking areas and other similar development within the boundaries of the PRD in form and manner acceptable to the City. D. Platting shall be required of all projects which involve or contemplate the subdivision of land. Lots in a platted Planned Residential Development may be sold to separate owners according to the separate lots as shown in the recorded plat which is approved -36-- in connection therewith. Development of all lots within the platted Planned Residential Development shall be as shown in the approved PRD. No further subdivision of land within the Planned Residential Development will be permitted unless a formal amendment to the PRD is approved. E. Conditional Use Permits shall be required of all projects which involve or contemplate conditional uses which may be allowed in the underlying zone(s). In addition to the conditional uses allowed in the underlying zone(s), neighborhood commercial and commercial recreational uses may be considered for conditional use permit(s) during the PRD approval process. No further conditional use permits, except home occupations, will be permitted within the Planned Residential Development unless a formal amendment to the PRD is approved. F. For any underlying land use regulatory process that is consolidated through the PRD overlay process, the criteria and development standards of that underlying land use regulatory process shall be met. Any subsequent land use decision made pursuant to an underlying land use regulatory process shall also require a formal amendment to the PRD. G. To encourage design flexibility, conservation of natural amenities, and innovations which result in a higher quality residential environment than traditional subdivisions, site planning and architectural review which address the following criteria are required of all development in the PRD. Where applicable, the design of PRDs shall accomplish the following to the greatest extent possible: 1. Preserve unique physical features of the site including, but not limited to, creeks, wetlands, ravines, bluffs, lakes or ponds, shorelines, and forest areas. 2. Preserve scenic view corridors, both internal and external to the site. 3. Provide recreation facilities including, but not limited to, bicycle or pedestrian paths, children's play areas and playfields. 4. The design of all open space areas and building structures shall be compatible with and complementary to the environment in which they are placed. H. All Planned Residential Developments shall comply with the goals and policies of the Port Angeles Comprehensive Plan. 17.19.060 Basic Density. Every Planned Residential Development shall be allowed an increase of 10 over the gross or neighborhood the density of the underlying zone or zones in which the site is located, as follows:_ on PBP nstty 10% — 2.46 d.u. /acre ignbornooa t ensity 2.24 dlulacrc .59 d/u /acrc 10% — 3.95 d.u. /acrc RS -7 4.47 d/u /acre 10% — 4.92 d.u. /acrc 10% — 7.98 d.u. /acrc 10% — 9.83 d.u. /acrc 94 wu /acre -37- 10% — 28.02d.u. /acre . u acr planning. Additional density play area, ptaytletas, an neignnornooa p itics such as bicycle or pcdestrian trails, children' ition to t per criterion may be granted. The total PRD density may not exceed 20% over the basic PRD y for tnc unacriying zones. 17.19.070 Procedure for Approval . The procedure for approval of a Planned Residential Development shall be composed of four steps: A. Public hearing on the preliminary development plan and, if applicable, the preliminary plat and other permit actions, and recommendation by the Planning Commission to the City Council; B. Approval by the City Council at a public meeting of the preliminary development plan and other actions as applicable; C. Public meeting by the Planning Commission to review the final development plan and plat for compliance with the approved preliminary development plan, and recommendation to the City Council; D. Approval of the final development plan and plat by the City Council following a public hearing. 17.19.080 Pre - Application Review. Prior to applying for a PRD, a developer shall submit a conceptual plan to the Planning Department. The conceptual plan will be reviewed for its general compliance with the intent, standards and provisions of this Chapter and other City ordinances by the appropriate departments of the City, and written comments in regard to the plan will be furnished to the developer. The conceptual plan shall contain in sketch form all of the information required in Section 17.19.090 E and G. After the conceptual plan review and prior to accepting a PRD application, the City shall require a neighborhood meeting. The purpose of the meeting will be to solicit information regarding design alternatives to minimize any adverse impacts from the PRD and to alleviate community concerns. The applicant shall submit an additional set of mailing labels as required for public notice pursuant to Section 17.96.140 PAMC. 17.19.090 Application Procedure . The application for a Planned Residential Development shall contain the following: A. The name, location and legal description of the proposed development, together with the names, addresses and telephone numbers of the recorded owners of the land and of the applicant and, if applicable, the names, addresses and telephone numbers of any land -38- surveyor, architect, planner, designer, or engineer responsible for the preparation of the plan, and of any authorized representative of the applicant. B. A narrative explaining the proposed use or uses of the land and building, including the proposed number of dwelling units by type, such as single family detached, row housing, and apartments; information on any special features, conditions of which cannot be adequately shown on drawings; and an explanation of covenants, continuous maintenance provisions, and /or homeowners association for the project. C. A survey of the property showing existing features, including contours at 5 -foot intervals, buildings, structures, streets, utility easements, rights -of -way, and existing land uses. D. A vegetation survey of the property by either (a) an aerial photograph of the property in a scale acceptable to the City, which identifies significant groupings of trees and unusual or fine specimens of their species; OR (b) a survey of all trees over twelve inches in trunk diameter measured at four feet above the ground; as determined by the Planning Director, in those areas where improvements are proposed. General wooded areas where no improvements are proposed will require a vegetation survey containing the following elements: 1. A mapping of the extent of the wooded areas with survey of perimeter trees only. 2. A narrative regarding the types (species) and condition of the trees and under -story in the wooded area. 3. Identification of trees which are unusual or fine specimens of their species. 4. In general wooded areas where minor improvements are proposed, a survey of trees over twelve inches in trunk diameter measured at four feet above the ground will be required to a reasonable distance around the improvements. E. Preliminary site plans showing existing and proposed contours at 5 -foot intervals, location and principal dimensions of buildings, open space, recreation areas, parking areas, circulation, landscape areas, subdivision platting and general arrangement. F. A preliminary plat, if applicable, pursuant to Chapter 58.17 RCW and Chapters 16.04 and 16.08 PAMC. G. If a developer elects to obtain additional density credits, the site plan application shall contain specific information relating to the additional density credit criteria of Section 17.70.061. H. Preliminary elevation and perspective drawings of project structures. I. A preliminary utilities plan, including fire hydrant locations. J. A preliminary storm drainage plan with calculation of impervious areas. K. An off - street parking plan and circulation plan showing all means of vehicular and pedestrian ingress and egress to and from the site; size and location of driveways, streets, sidewalks, trails, and parking spaces. Any new traffic control devices required for the safety of the project must be shown. L. Mailing labels as required for public notice pursuant to Section 17.96.140 PAMC 17.19.100 Routing and Staff Recommendations . Upon receipt of an application satisfying the requirements of Section 17.19.090, the Planning Department of Community Development shall route the same to all appropriate City Departments. Each such department -39- shall submit to the Planning Department of Community Development recommendations and comments regarding the application. The Planning Department of Community Development shall prepare a report to the Planning Commission summarizing the factors involved, the recommendations of other departments, and the Planning Department of Community Development recommendation and findings. A copy of the report shall be mailed to the applicant and copies shall be made available, at cost, for use by any interested party. 17.19.110 - Planning Commission Public Hearing - Scheduling and Notice . Upon receipt of an application satisfying the requirements of Section 17.19.090, the Planning Department of Community Development shall schedule a public hearing before the Planning Commission. Public notice shall be given as provided in §17.96.140. 17.19.120 Planning Commission Recommendation - Preliminary Development Plans Prior to making a recommendation on an application for a preliminary Planned Residential Development, the Planning Commission shall hold a public hearing. The Commission's recommendation on PRD density shall be based upon Sections 17.19.010, .060 and .061, and the recommendation for approval, denial, or approval with modifications or conditions shall be forwarded to the City Council in written form based upon compliance with Section 17.19.050 and the following criteria: A. The proposed development will comply with the policies of the Comprehensive Plan and further the attainment of the objectives and goals of the Comprehensive Plan. B. The proposed development will, through the improved utilization of open space, natural topography, transitional housing densities and integrated circulation systems, create a residential environment of higher quality than that normally achieved by traditional development of a subdivision. C. The proposed development will be compatible with adjacent existing and future developments. D. All necessary municipal utilities, services, and facilities, existing and proposed, are adequate to serve the proposed development. E. The internal streets serving the proposed development are adequate for the anticipated traffic levels and the street system of the proposed development is functionally connected by an improved collector street to at least one improved arterial street. F. If the development is planned to occur in phases, each phase shall meet the requirements of a complete development. Developments of less than 3.44 acres shall not be done in phases. 17.19.130 City Council Action - Preliminary Development Plans The City Council shall, at a public meeting, consider the recommendation of the Planning Commission. The Council may approve, deny, or approve with modifications or conditions the submitted preliminary development plans. Approval shall be by Council action which incorporates the approved preliminary development plans by reference and shall include findings based upon Section 17.19.060, .061, and .120. 17.19.140 Final Approval of Planned Residential Development Application for final approval of the Planned Residential Development shall be submitted within one year of the approval of the preliminary development plan; provided that for phased PRD's each phase shall have an additional one -year period for final approval; and provided further that an -40- applicant may apply to the Planning Commission, and the Commission may approve, one or more one -year extensions as the Commission may deem appropriate. The site must be under one ownership prior to final approval by the Planning Commission and City Council, and the application for final approval must be made by the owners of the entire site. The application shall include the following: A. A title report showing record ownership of the parcel or parcels upon which the PRD is to be developed. B. Guarantee ensuring the retention and continued maintenance of common open space, recreation facilities, and recreation structures. If development is to be done in phases, each phase must meet the requirements of this Section. C. Final development plans, which shall be in compliance with the approved preliminary development plans. D. The final plat, if applicable, pursuant to Chapter 58.17 RCW and Chapter 16.04 and 16.08 PAMC E. Development schedule. F. Bond or other form of security acceptable to the City in a sufficient amount to complete the project or submitted phase, as determined by the City. G. Covenants, conditions and restrictions and /or homeowners association agreement. 17.19.150 Planning Commission Review of Final Development Plan The Planning Commission shall consider the application for final approval at a public meeting. A recommendation to the City Council for approval shall include findings on the following: A. Compliance with the approved preliminary development plans; B. Adequacy of the provisions for maintenance of required common open space and other common improvements; C. The final plat, if applicable; and D. Bonding or other acceptable form of security for the whole or specific parts of the project. 17.19.160 City Council Final Action . The City Council shall review the recommendation of the Planning Commission at a public hearing, notice of which shall be given as provided in Section 17.96.140, and shall approve, deny, or approve with modifications the final development plan and, if applicable, the final plat. Approval of the final development plan shall be by ordinance and a copy of the final PRD shall be filed with and made a part of said ordinance. The Zoning Map shall be amended to indicate the extent of the approved Planned Residential Development, and all future development of the site shall be in conformance with the approved PRD. 17.19.170 Building Permits. The Building Division shall issue building permits for buildings and structures which conform with the approved final development plans for the Planned Residential Development and with all other applicable City ordinances and regulations. The Building Division shall issue a certificate of occupancy for completed buildings or structures which conform to the requirements of the approved final development plans and all other applicable City ordinances and regulations. The construction and development of all the common usable open spaces, including recreation facilities, and other public improvements of each project phase must be completed before any certificates of -41- occupancy will be issued; except when bonds or other acceptable forms of security are deposited assuring the completion of such facilities within six months. 17.19.180 Modifications After Final Approval. The final approval shall be binding upon the development, and design variations from the plan must be submitted to the Planning Commission and City Council for approval and amendment of the ordinance, except for minor changes, as follows: The Planning Department of Community Development is authorized to allow minor adjustments in the development schedule, location, placement, height, or dimension of buildings and structures, not to exceed an alteration of ten percent in height or ten feet in any other direction, when such minor changes and alterations are required by engineering and other circumstances not foreseen or reasonably foreseeable at the time of approval of the final development plans; except that such adjustments shall not increase the total amount of floor space authorized in the approved final PRD, or the number of dwelling units or density, or decrease the amount of parking or loading facilities, or permit buildings to locate closer to the closest boundary line, or decrease the amount of open space, or decrease the recreation facilities, or change any points of ingress or egress to the site, or extend the development schedule for not more than twelve months. CHAPTER 17.20 CO - COMMERCIAL, OFFICE Sections: 17.20.010 Purpose 17.20.040 Permitted Uses. 17.20.080 Accessory Uses. 17.20.160 Conditional Uses. 17.20.200 Area and Dimensional Requirements. 17.20.210 Off - Street Parking. 17.20.230 Design and Landscaping. 17.20.010 Purpose: 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. Commercial uses that are largely devoid of any impacts detrimental to single family residential uses are allowed. This zone provides the basic urban land use pattern for small lot, transitional uses between residential neighborhoods and commercial districts zones with direct access on an arterial street and design standards compatible with residential development. 17.20.040 Permitted Uses. A. Services: 1. Banks, financial institutions, insurance and real estate service offices. 2. Business and professional offices. 3. Child day -care centers and pre- schools. 4. Medical /dental clinics and offices and laboratories. -42- B. Residential: 1. Detached single family residences that meet the area and dimensional requirements of the RS -7 zone. 17.20.080 Accessory Uses. Accessory uses determined by the Planning Director to be compatible with the intent of this Chapter are permitted. 17.20.160 Conditional Uses. A. Art galleries and museums. B. Assisted living facilities. C. Beauty shops and barber shops. D. Business colleges; music, art, and dance schools. E. Businesses selling medical supplies, goods, instruments, medicine and similar items. F. Chemical dependency treatment centers. G Churches. H. Detoxification centers. I. Group homes and hospices. J. Libraries. K. Hotels, Motels, and Hostels. L. Nursing and convalescent homes. M. Off - street parking lots not associated with a permitted use on the same site N. Public parks and recreation facilities. O. Residential care facilities. P. Residential uses, other than detached single family residences, that are permitted in the RHD zone and comply with the RHD area and dimensional requirements except for mixed use structures where there is commercial use at ground level and residential uses above, in which case the required commercial setbacks of the underlying zone shall be observed. Q. Utility buildings and structures. R. Funeral parlors. S. Small animal Veterinary office. RT. Other uses compatible with the intent of this Chapter. 17.20.200 Area and Dimensional Requirements. A. Area 7,000 square feet for non - residential uses. Residential uses shall comply with the RHD area requirements. B. Lot Width 50 feet. C. Setbacks: Front 25 feet from property line. Rear 25 feet from property line. Detached accessory buildings shall not be permitted closer than 10 feet to the rear property line. Side 7 feet from the property line. Detached accessory buildings only on the rear one -third of the lot may be permitted to within 3 feet of the side line. On corner lots the side yard abutting the street shall have a building line setback of 13 feet. D. Maximum Lot Coverage 45 %. -43- E. Maximum Building Height 30 feet. 17.20.210 Off - Street Parking. (See Chapter 14.40 PAMC). 17.20.230 Design and Landscaping. A. All outdoor storage areas, except for City mechanized refuse collection system containers, shall be screened from public rights -of -way and abutting property by a vision - obscuring fence 6 feet in height. B. All lighting on the site shall be so directed as to reflect away from adjoining property and public rights -of -way. C. The side yard abutting a residentially zoned lot shall be landscaped in a manner that is complementary or similar to residential landscaping. In other words, such landscaping shall be complementary or similar to shrubs of 3 foot to 6 foot mature height interspersed with evergreen and /or deciduous and /or ornamental trees. Five feet of the rear yard setback area abutting a residentially zoned lot shall be landscaped in a similar manner. D. The unused space resulting from the design of parking space arrangements or accessory structures which is over 24 square feet shall be landscaped. E. All landscaping shall comply with the vision clearance requirements of Section 17.94.090 PAMC. F. All non - residential structures shall be designed to be compatible with the residential environment. G. One tree shall be provided for each group of ten parking spaces, exclusive of any perimeter landscaping. Trees shall have a minimum caliper of two inches, and have a height of at least 20 feet at maturity. H. All parking lots shall be screened by 3 -foot to 6 -foot vision obscuring fence or vegetation on the sides adjacent to residentially zoned property. CHAPTER 17.21 CN - COMMERCIAL, NEIGHBORHOOD Sections: 17.21.010 Purpose. 17.21.040 Permitted Uses. 17.21.050 Accessory Uses. 17.21.160 Conditional Uses. 17.21.200 Development Standards. 17.21.210 Off - Street Parking. 17.21.230 Design and Landscaping. 17.21.010 Purpose. This is a commercial zone intended to create and preserve areas for businesses which are of the type providing 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 vehicle access and to be compatible with adjacent residential neighborhoods. Commercial uses that are largely devoid of any impacts detrimental to multi - family residential uses are allowed; -44- gasoline service islands are conditionally permitted uses. This zone provides for a variety in the urban land use pattern for small commercial districts serving individual residential neighborhoods with direct access on an arterial street and design standards compatible with residential development. 17.21.040 Permitted Uses. A. Art galleries and museums. B. Assisted living facilities. C. Bakery shops. D. Business colleges: music, art, and dance schools. DE. Banks, financial institutions, insurance and real estate services offices. EF. Barber shops, beauty shops. FG. Business and professional offices. 6H. Child day -care centers and pre- schools. HI. Delicatessens, grocery stores. 1] . Drug stores, pharmacies. JK. Group homes and hospices. KL. Libraries. EM. Mortuaries. MN. Medical /dental offices and clinics and laboratories. NO. Nursing and convalescent homes. G. Public parks and recreation facilities. PQ. Repair services, such as appliance repair, shoe repair, and TV and stereo repair services. QR. Residential care facilities. RS. Residential uses that are permitted in the RHD zone and comply with the RHD area and dimensional requirements, except for mixed use structures where there is commercial use at ground level and residential uses above, in which case the required commercial setbacks of the underlying zone shall be observed. ST. Restaurants, cafeterias. PU. Self - service laundries. G. Specialty shops such as gift, florist, hobby, antique, candy, ice cream, video rental, bicycle, book, computer, toy, and retail pet stores. ¥W. Veterinary offices and clinics for small animals. 17.21.050 Accessory Uses. Accessory uses determined by the Planning Director to be compatible with the intent of this Chapter are permitted. 17.21.160 Conditional Uses. A. Churches. B. Fire Stations. C. Frozen food or cold storage lockers. D. Funeral parlors. DE. Gasoline service islands, accessory to convenience or grocery store. EF. Hotels, Motels, and Hostels. FG. Off - street parking lots. GH. Self - service car washes. -45- HI. Social cClubs, lodges, and fraternal organizations. J. Small animal veterinary office. BC Utility buildings and structures. IL. Other uses compatible with the intent of this Chapter. 17.21.200 Area and Dimensional Requirements. A. Area and Dimensional Requirements. A. -17 Minimum Lot Area - 7,000 square feet for non - residential uses. Residential uses shall comply with the RHD area requirements, except for mixed use structures where there is commercial use at ground level and residential uses above, in which case the required commercial setbacks of the underlying zone shall be observed. B. 2- Minimum Lot Width - 50 feet. C. 3- Minimum Yard Requirements No structure shall be built within 15 feet of an alley or any property that has a residential zoning classification. 4. Maximum Lot Coverage - 50 %. 5. Maximum Height - 30 feet. 17.21.210 Off - Street Parking. (See Chapter 14.40 PAMC). 17.21.230 - Design and Landscaping. A. All outdoor storage areas, except City mechanized refuse collection system containers, shall be screened from view from public rights -of -way and abutting property by a sight- obscuring fence 6 feet in height. B. All lighting on the site shall be so directed as to reflect away from adjoining non - commercial property and public rights -of -way. C. The side yard abutting a residentially zoned lot shall be landscaped in a manner that is complementary or similar to residential landscaping. In other words, such landscaping shall be complementary or similar to shrubs of 3 foot to 6 foot mature height interspersed with evergreen, deciduous and /or ornamental trees. Five feet of the rear yard setback area butting a residentially zoned lot shall be landscaped in a similar manner. D. Unused space which is over 24 square feet and which results from the design of parking space arrangements or accessory structures shall be landscaped. E. One tree shall be provided for each group of 10 parking spaces, exclusive of any perimeter landscaping. Trees shall have a minimum caliper of two inches and shall have a height of at least 20 feet at maturity. F. All parking lots shall be screened by 3 -foot to 6 -foot vision - obscuring fence or vegetation on all sides adjacent to residentially zoned property. CHAPTER 17.22 CSD - COMMUNITY SHOPPING DISTRICT Sections: 17.22.010 Purpose. 17.22.040 Permitted Uses. 17.22.050 Accessory Uses. 17.22.160 Conditional Uses. 17.22.200 Development Standards. 17.22.210 Off - Street Parking. 17.22.230 Design and Landscaping. 17.22.010 Purpose. This is a commercial zone oriented primarily to those businesses serving the daily needs of the surrounding residential zones 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. Commercial uses that are largely devoid of any impacts detrimental to the environment are allowed. Service stations with petroleum products are permitted uses. This zone provides the basic urban land use pattern for large lot, commercial uses serving much of the City with direct access on an arterial street and design standards for greater automobile and truck traffic. 17.22.040 Permitted Uses. A. Art galleries and museums. B. Bakery shops. C. Banks, financial institutions, insurance and real estate services offices. D. Barber shops, beauty shops. E. Business colleges; music, art, and dance schools. F. Business and professional offices. G. Child day -care centers and pre - schools. H. Churches. I. Delicatessens, grocery stores, supermarkets. J. Drug stores, pharmacies. K. Equipment rentals. L. General merchandise sales. KM. Hardware stores. LN. Libraries. MO. Medical /dental offices and clinics and laboratories. P. Medical supply stores. NQ. Public parks and recreation facilities. $R. Repair services, such as appliance repair, shoe repair, and TV and stereo repair services. PS. Residential uses that are permitted in the RHD zone and comply with the RHD area and dimensional requirements, except for mixed use structures where there is commercial -47- use at ground level and residential uses above, in which case the required commercial setbacks of the underlying zone shall be observed. QT. Restaurants, cafeterias. RU. Self - service laundries. SV. Service Stations. TW. Specialty shops such as gift, florist, hobby, antique, candy, ice cream, video rental, bicycle, book, computer, toy, and retail pet stores. GX. Taverns and cocktail lounges. ¥Y. Veterinary offices and clinics for small animals 17.22.050 Accessory Uses. Accessory uses determined by the Planning Director to be compatible with the intent of this Chapter are permitted. 17.22.160 Conditional Uses. A. Fire Stations. B. Frozen food or cold storage lockers. C. Funeral parlors. D. Hotels, Motels, and Hostels. DE. Off - street parking lots. EF. Self- service car washes. FG. Social cClubs; and lodges, and fratcrnal orgamzation� GH. Utility buildings and structures. HI. Other uses compatible with the intent of this Chapter. 17.22.200 Area and Dimensional Requirements. A. Arca and Dimensional Rcquirements. A. Minimum Lot Area: 7,000 square feet for non - residential uses. Residential uses shall comply with the RHD Zone area requirements , except for mixed use structures where there is commercial use at ground level and residential uses above, in which case the required commercial setbacks of the underlying zone shall be observed. B. 27 Minimum Lot Width: 50 feet. C. 3- Minimum Yard Requirements No structure shall be built within 15 feet of an alley that abuts 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. D. 47 Maximum Lot Coverage - 50 % . E. 5- Maximum Height - 35 feet. 17.22.210 Off - Street Parking. (See Chapter 14.40 PAMC). 17.22.230 - Design and Landscaping. A. All outdoor storage areas, except City mechanized refuse collection system containers, shall be screened from view from public rights -of -way and abutting property by a sight- obscuring fence 6 feet in height. B. All lighting on the site shall be so directed as to reflect away from adjoining non - commercial property and public rights -of -way. C. The side yard abutting a residentially zoned lot shall be landscaped in a manner that is complementary or similar to residential landscaping. In other words, such landscaping shall be complementary or similar to shrubs of 3 foot to 6 foot mature height interspersed with evergreen, deciduous and /or ornamental trees. Five feet of the rear yard setback area butting a residentially zoned lot shall be landscaped in a similar manner. D. Unused space which is over 24 square feet and which results from the design of parking space arrangements or accessory structures shall be landscaped. E. One tree shall be provided for each group of 10 parking spaces, exclusive of any perimeter landscaping. Trees shall have a minimum caliper of two inches and shall have a height of at least 20 feet at maturity. F. All parking lots shall be screened by 3 -foot to 6 -foot vision - obscuring fence or vegetation on all sides adjacent to residentially zoned property. CHAPTER 17.23 CA - COMMERCIAL, ARTERIAL Sections: 17.23.010 Purpose 17.23.040 Permitted Uses. 17.23.080 Accessory Uses. 17.23.160 Conditional Uses. 17.23.200 Area and Dimensional Requirements. 17.23.210 Off - Street Parking. 17.23.230 Design and Landscaping. 17.23.010 Purpose This is a commercial zone intended to create and preserve areas for businesses serving the entire City and needing an arterial location because of the nature of the business or intensity of traffic generated by the business. Commercial uses that are largely devoid of any impacts detrimental to the environment are allowed. Service stations with petroleum products and dry cleaning shops with hazardous materials are permitted uses. This zone provides the basic urban land use pattern for automobile oriented, commercial uses with direct access on a principal arterial street and design standards for greater automobile and truck traffic. 17.23.040 Permitted Uses: A. Retail buildings: 1. Auto supply stores, service stations, self - service gas islands, car wash facilities and tire shops. 2. New and used dealerships of automobiles, trucks, trailers, motorcycles, recreational vehicles, tractors, boats, including related sales, leasing, and servicing. -49-- 3. Building material stores, cabinet shops, glass stores, hardware stores, lumber yards, paint stores, and plumbing supply stores and chain saw sales and service stores. 4. Businesses selling medical supplies, goods, instruments, medicine, and similar items. 65. Commercial recreation establishments, such as bowling alleys, theaters (movie and others), skating rinks, driving ranges, putt -putt golf courses, and video arcades. 76. Farm equipment stores, garden supply stores, nurseries. 87. Food and beverage establishments, such as cocktail lounges, cafes, cafeterias, drive -in restaurants; restaurants. take -out lunch stands, drive -in restaurants, cocktail lounges, and taverns; provided that drive -in restaurants, restaurants with cocktail lounges, and taverns, all of which have direct customer access to an alley abutting residentially zoned property, shall be conditional uses. 98. Food item retail sales outlets, such as bakery shops, candy and ice cream stores, delicatessens, fruit and vegetable stands, grocery stores, liquor stores, meat and fish markets, including frozen or cold storage food lockers, and supermarkets. +09. General merchandise stores, such as catalogue sales stores, clothing and shoe stores, department stores, drug stores, second -hand stores, antique stores, pawn shops, sporting goods stores, and variety stores. -1410. Household furnishings stores, such as appliance stores, furniture stores, office equipment stores, and stereo stores. +211. Mortuaries. +312. Motels, and hotels, and hostels. 13. Medical supply stores. 14. Specialty shops, such as bicycle, book, computer, florist, gift, hobby, toy, retail pet stores, video rental, antique, candy, and ice cream. 15. Shopping centers, not exceeding 100,000 square feet in building floor area. B. Services: 1. Art, dance, voice, and music schools. 2. Art galleries and museums. 3. Business colleges and trade schools. 4. Business and professional offices. 5. Business services offices, such as accounting, tax, employment, and management consulting services. 6. Chemical dependency treatment centers. 7. Child day -care centers and pre- schools. 8. Churches. 9. Detoxification centers. 10. Equipment rental stores. 11. Financial services offices, such as bail bond stores, banks (including those with drive through windows) , financial institutions, insurance companies, real estate services, stock brokerages, and title companies. 12. Frozen food or cold storage lockers. 13. Funeral parlors. +214. Furnishings repair shops, such as upholstering and reupholstering shops. +315. Governmental and social service agency offices. -50- +416. Laundries, commercial, dry cleaning shops, laundries, self - service and tailor shops. +517. Libraries. x-618. Medical /dental offices and clinics and laboratories. +719. Personal services facilities, such as barber shops, beauty shops, exercise and reducing studios, and travel agencies. +820. Printing, blueprinting, photo developing and reproduction, and sign shops. +921. Public parks and recreation facilities. 2922. Repair services shops, such as appliance repair, shoe repair, and TV and stereo repair services. 2423. Veterinary offices and clinics for small animals. C. Institutional: 1. Social cClubs, lodges, and fratcrnal organizations. D. Residential: 1. Residential uses that are permitted in the RHD zone and comply with the RHD area and dimensional requirements, except for mixed use structures where there is commercial use at ground level and residential uses above, in which case the required commercial setbacks of the underlying zone shall be observed. E. Transportation and Communication: 1. Convention centers, auditoriums. 2. Ferry, seaplane, airplane, and helicopter facilities. 3. Mass transit terminals. 4. Parcel delivery service terminals. 5. Radio stations, TV stations, and newspaper buildings. 6. Vehicular services buildings, such as ambulance service, automotive and truck rentals, and vehicle maintenance and repair shops, not including auto body and paint shops and auto engine repair shops. F. Wholesale: 1. Storage services buildings, such as frozen food and cold storage lockers, mini - warehouses, transfer, moving and storage facilities. 2. Warehouse buildings and yards. 3. Wholesale stores. G. Mixed Commercial /Residential Developments. 17.23.080 Accessory Uses. Accessory uses determined by the Planning Director to be compatible with the intent of this Chapter are permitted 17.23.160 Conditional Uses. A. Auto body and paint shops and auto engine repair shops. B. Drive -in restaurants, restaurants with cocktail lounges and taverns, all of which have direct customer access to an alley abutting residentially zoned property. C. Fire Stations. D. Licensed impound yards. E. Massage parlors, saunas and steam baths, as primary use. F. Microbreweries G. Off - premises outdoor advertising signs -51- H. Off - street business parking structures and lots. I. Recreational vehicles, vacation trailers, and campers courts and parks. J. Salvage and recycling buildings. K. Shopping centers, exceeding 100,000 square feet in building floor area. L. Social service agency buildings providing 24 -hour residential care. M. Utility buildings and structures. N. Kennels, provided: 1. buildings and structures are soundproof. 2. all run areas are surrounded by an 8-foot solid wall or fence. 3. animal runs are to be constructed in such a manner that no animal can see another. O. Other uses compatible with the intent of this Chapter. 17.23.200 Area and Dimensional Requirements. A. Minimum Lot Area: 7,000 square feet for non - residential uses. Residential uses shall comply with the RHD Zone area requirements , except for mixed use structures where there is commercial use at ground level and residential uses above, in which case the required commercial setbacks of the underlying zone shall be observed. B. Minimum Lot Width: 50 feet. C. Setbacks: Front No setback requirement. Rear No structure shall be built within the rear 15 feet of a lot that abuts an alley or a residential district zone. Side No structure shall be built within 15 feet of any property that has a residential zoning classification or an alley. No side yard shall be required when abutting another commercially zoned lot, except that for residential and mixed commercial /residential structures a 7 -foot side yard shall be required. D. Maximum Lot Coverage: 60% E. Maximum Building Height: 35 feet. 17.23.210 Off - Street Parking. (See Chapter 14.40 PAMC.) 17.23.230 Design and Landscaping: A. All outdoor storage areas shall be screened from public view from public rights - of -way and abutting property by a sight- obscuring fence 6 feet in height; except sanitation receptacles associated with mechanized collection. B. All lighting on the site shall be directed or shaded so as not to shine directly on adjoining non - commercial property. C. A visual screen consisting of solid fencing, landscaping, or other materials, shall be provided in the yard abutting residentially zoned land. Such a screen shall be to a height of 6 feet. If landscaping is used, it shall include evergreen shrubs planted to form a hedge visual screen of at least 6 feet mature height within three years of the planting date, except that approved vehicle driveways to an alley shall not be obstructed; and except that sanitation receptacles associated with mechanized collection shall not be obstructed. D. All required parking areas shall include landscaping of at least one tree for each group of ten parking spaces. The trees shall be of a type approved by the City, at least 2" caliper at planting time, and placed in a planting area of 10 -foot minimum width or diameter. CHAPTER 17.24 CBD - CENTRAL BUSINESS DISTRICT Sections: 17.24.010 Purpose. 17.24.040 Shoreline Master Program. 17.24.041 Permitted Uses. 17.24.080 Accessory Uses. 17.24.160 Conditional Uses. 17.24.200 Development Standards. 17.24.210 Off - Street Parking. 17.24.220 Signs. 17.24.230 Design and Landscaping Standards. 17.24.010 Purpose. This is a commercial zone intended to strengthen and preserve the area commonly known as the Downtown for major retail buildings, 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. Commercial uses that are largely devoid of any impacts detrimental to the environment are allowed. Gasoline service islands and marine fueling stations are conditionally permitted uses. This zone provides the basic urban land use pattern for high density, pedestrian oriented, commercial uses located in the center of the City with direct access to mass transit services, design standards for compatible commercial development, and support for public parking and business improvements. 17.24.040 Shoreline Master Program. Within 200 feet of ordinary high water, permitted or conditional uses must comply with the Shoreline Master Program as adopted and amended by the City. 17.24.041 Permitted Uses. A. Retail buildings: 1. Auto supply stores. 2. Building material st supply stores. , hHardware stores, paint stores, and plumbing 3. Commercial recreation establishments, such as bowling alleys, theaters (movie and others), skating rinks, putt -putt golf courses, and video arcades. 4. Food and beverage establishments, such as cocktail lounges, cafes, cafeterias, restaurants, sidewalk cafes (subject to the permit requirements of the Street Use Ordinance No. 2229 as amended), take -out lunch stands, and taverns. 5. Food item retail sales outlets, such as bakery, candy and ice cream stores, delicatessens, fruit and vegetable stands, grocery stores, liquor stores, and meat and fish markets, and supermarkcts. 6. General merchandise stores, such as catalogue sales stores, clothing and shoe stores, department stores, drug stores, second -hand stores, antique stores, pawn shops, shopping centers (100,000 square feet or less in building floor area), sporting goods stores, and variety stores. 7. Household furnishings stores, such as appliance stores, furniture stores, office equipment stores, and stereo stores. 8. Motels, hotels, and hostels. 9. Specialized shops, such as bicycle, book, computer, florist, gift, hobby and toy, pet stores, video rental. B. Services: 1. Art, dance, voice, and music schools and studios. 2. Art galleries and museums. 3. Business colleges and trade schools. 4. Business and professional offices. 5 Business services offices, such as accounting, tax, employment, management consulting, and printing services. 6. Child day -care centers and pre- schools. 7. Churches. 8. Financial services offices, such as bail bond stores, banks, financial institutions, insurance companies, real estate services, stock brokerages, and title companies. 9. Furnishing repair shops, such as upholstering and reupholstering shops. 10. Governmental and social service agency offices. 11. Self- service laundries and tailor shops. 12. Libraries. 13. Medical /dental offices and clinics and laboratories. 14. Medical supply stores. +415. Personal services facilities, such as barber shops, beauty shops, exercise and reducing studios, and travel agencies. +516. Public parks and recreation facilities. +617. Repair services shops, such as appliance repair, shoe repair, and TV and stereo repair services. C. Institutional: 1. Clubs and Lodges. 2. Research Vessels. D. Residential: 1. Residential uses that are permitted in the RHD zone at the RHD density allowances area and dimensional requirements. E. Transportation and Communication: 1. Convention centers, auditoriums. 2. Ferry, seaplane, and helicopter facilities. 3. Mass transit terminals and multimodal centers. 4. Off - Street business parking structures and lots. 5. Radio stations, TV stations, and newspaper. buildings. 6. Vehicular rental services facilities, including light trucks, automobiles, motorcycles, mopeds, and bicycles. 7. Vessel moorage, including marinas and docks for pleasure boats, Coast Guard vessels, and submarines. F. Mixed Commercial /Residential Developments. 17.24.080 Accessory Uses. Accessory uses determined by the Planning Director to be compatible with the intent of this Chapter are permitted. 17.24.160 Conditional Uses. A. Boat sales, marine items, and related servicing facilities. B. Fire Stations. C. Glass stores. ED. Microbreweries. FE. Self- service gas islands and gasoline service islands, accessory to convenience or grocery stores. GF. Shopping centers, exceeding 100,000 square feet in building floor area. FIG. Social service agency buildings providing 24 -hour residential care. HI. Supermarkets. H. Utility buildings and structures. KJ. Other uses compatible with the intent of this Chapter. 17.24.200 Area and Dimensional Requirements. A. -: Minimum Lot Area: 3,500 square feet for non - residential uses. Residential uses shall comply with the RHD area requirements, except for mixed use structures where there is commercial use at ground level and residential uses above, in which case the required commercial setbacks of the underlying zone shall be observed. B. 2- Minimum Lot Width: 25 feet. C. 37 Setbacks /Building Envelope Distances: Side - None, except no structure shall be built within 10 feet of any property that has a residential zoning classification. No side yard required when abutting a commercial, green belt, or industrial zoned lot; except that for residential and mixed commercial /residential structures a 7 -foot side yard shall be required. Rear - None, except no loading structure or dock shall be built within 15 feet of any alley. Front - At least 50 % of the front property line shall be abutted by a building; provided, however, that for the purposes of this Section, a publicly accessible plaza, square, outdoor dining area, or similar area shall be considered a building. 4. Maximum Lot Coverage: 100% maximum. B. Maximum Building Height: 45 feet . Additional height may be approved through a conditional use permit process that considers the impacts upon existing views and solar protection, shadow impacts, and factors such as the height of the bluff south of First Street. 17.24.210 Off - Street Parking: (See Chapter 14.40 PAMC). 17.24.220 Signs. Signs shall comply with Chapter 14.36 PAMC. 17.24.230 Design and Landscaping Standards. A. All outdoor storage areas, except those associated with municipal solid waste collection, shall be screened from public view from public rights -of -way and established marine and pedestrian routes. B. At least the first five feet of the 10 -foot setback area abutting a residential zone shall be landscaped. Landscaping shall include shrubs and trees of at least 6 -foot mature height capable of forming a hedge visual screen, evcrgrccn, deciduous, or ornamental trccs. C. Drive -in facilities, including accessory uses such as drive -in windows of banks and restaurants, except for ferry terminals and parking lots and structures, are prohibited. CHAPTER 17.25 CR - COMMERCIAL, REGIONAL Sections: 17.25.010 Purpose 17.25.040 Permitted Uses. 17.25.080 Accessory Uses. 17.25.160 Conditional Uses. 17.25.200 Area and Dimensional Requirements. 17.25.210 Off - Street Parking. 17.25.230 Design and Landscaping. 17.25.010 Purpose This is a commercial zone intended to create and preserve areas for businesses serving the entire region and needing an arterial location because of the nature of the business, intensity of traffic generated, or a demand for large land areas by the business. These types of commercial uses provide a multiplicity of goods and services in a single location and therefore require large areas for the building and parking. Commercial uses that are largely devoid of any impacts detrimental to the environment are allowed. Service stations with petroleum products and dry cleaning shops with hazardous materials are permitted uses. Such uses do not follow the basic land use pattern of the of the traditional townsite and are not typically pedestrian oriented. This zone offers vehicular access from major transportation corridors. 17.25.040 Permitted Uses: A. Retail: 1. Auto supply stores, service stations, self - service gas islands, car wash facilities, and tire shops. 2. New and used dealerships of automobiles, trucks, trailers, motorcycles, recreational vehicles, tractors, boats, including related sales, leasing, renting, and servicing. 3. Building material stores, cabinet shops, glass stores, hardware stores, lumber yards, paint stores, plumbing supply stores, and chainsaw sales and service stores. 4. Businesses selling medical supplies, goods, instruments, medicine, and similar items. 5. Commercial recreation establishments, such as bowling alleys, theaters (movie and others), skating rinks, driving ranges, putt -putt golf courses, and video arcades. -56- 6. Farm equipment stores, garden supply stores, nurseries. 7. Food and beverage establishments, such as cocktail lounges, cafes, cafeterias, drive -in restaurants, restaurants, take -out lunch stands, and taverns; provided that drive -in restaurants, restaurants with cocktail lounges, and taverns, all of which have direct customer access to an alley abutting residentially zoned property, shall be conditional uses. 8. Food item retail sales outlets, such as bakery shops, candy and ice cream stores, delicatessens, fruit and vegetable stands, grocery stores, liquor stores, meat and fish markets, including frozen or cold storage food lockers, and supermarkets. 9. General merchandise stores, such as catalogue sales stores, clothing and shoe stores, department stores, drug stores, second -hand stores, antique stores, pawn shops, sporting goods stores, and variety stores. 10. Household furnishings stores, such as appliance stores, furniture stores, office equipment stores, and stereo stores. 11. Mortuaries. 12. Motels, hotels and hostels. 13. Specialty shops, such as bicycle, book, computer, florist, gift, hobby, toy, retail pet stores, video rental, antique, candy, and ice cream. 14. Shopping centers. B. Services: 1. Art, dance, voice, and music schools. Art galleries and museums. 3. Business colleges and trade schools. 4. Business parks and professional offices. 5. Business services offices, such as accounting, tax, employment, and management consulting services. 6. Cemeteries. 7. Chemical dependency treatment centers. 8. Child day -care centers and pre - schools. 9. Churches. 10. Detoxification centers. 11. Equipment rental stores. 12. Financial services offices, such as bail bond stores, banks (including those with drive through windows), financial institutions, insurance companies, real estate services, stock brokerages, and title companies. 13. Frozen food or cold storage lockers. 14. Furnishings repair shops, such as upholstering and reupholstering shops. 15. Funeral parlors. 16. Governmental and social service agency offices. 17. Laundries, commercial, dry cleaning shops, laundries, self - service and tailor shops. 18. Libraries. 19. Medical /dental offices and clinics and laboratories. 20. Personal services facilities, such as barber shops, beauty shops, exercise and reducing studios, and travel agencies. 21. Printing, blueprinting, photo developing and reproduction, and sign shops. 22. Public parks and recreation facilities. 23. Repair services shops, such as appliance repair, shoe repair, and TV and stereo repair services. -57- 24. Veterinary offices, clinics, and kennels. C. Institutional: 1. Social clubs, lodges, and fraternal organizations. 2. Schools D. Residential: 1. Residential uses that are permitted in the RHD zone and comply with the RHD area and dimensional requirements. 2. Mobile home parks. 3. Duplexes. 4. Multiple - family dwellings E. Transportation and Communication: 1. Convention centers, auditoriums. 2. Airplane and helicopter facilities. 3. Mass transit terminals. 4. Parcel delivery service terminals. 5. Radio stations, TV stations, and newspaper buildings. 6. Vehicular services buildings, such as ambulance service, automotive and truck rentals, and vehicle maintenance and repair shops, not including auto body and paint shops. F. Wholesale: 1. Storage services buildings, such as frozen food and cold storage lockers, mini - warehouses, transfer, moving and storage facilities. 2. Warehouse buildings and yards. 3. Wholesale stores. G. Mixed Commercial /Residential Development 17.25.080 Accessory Uses. Accessory uses determined by the Planning Director to be compatible with the intent of this Chapter are permitted. 17.25.160 Conditional Uses. A. Auto body and paint shops. B. Drive -in restaurants, restaurants with cocktail lounges and taverns, all of which have direct customer access to an alley abutting residentially zoned property. C. Fire Stations. D. Licensed impound yards. E. Massage parlors, saunas and steam baths, as primary use. F. Microbreweries. G. Off - premises outdoor advertising signs. H. Off - street business parking structures and lots. I. Recreational vehicles, vacation trailers, and campers courts and parks. J. Salvage and recycling buildings. K. Social service agency buildings providing 24 -hour residential care. L. Utility buildings and structures. M. Other uses compatible with the intent of this Chapter. 17.25.200 Area and Dimensional Requirements. -58- A. Minimum Lot Area: 7,000 square feet for non - residential uses. Residential uses shall comply with the RHD Zone area requirements. B. Minimum Lot Width: 50 feet. C. Setbacks: Front No setback requirement. Rear No structure shall be built within the rear 15 feet of a lot that abuts an alley or a residential district. Side No structure shall be built within 15 feet of any property that has a residential zoning classification or an alley. No side yard shall be required when abutting another commercially zoned lot, except that for residential and mixed commercial /residential structures a 7 -foot side yard shall be required. D. Maximum Lot Coverage: 60% E. Maximum Building Height: 35 feet. 17.25.210 Off - Street Parking. (See Chapter 14.40 PAMC.) 17.25.230 Design and Landscaping: A. All outdoor storage areas shall be screened from public view from public rights - of -way and abutting property by a sight- obscuring fence 6 feet in height; except sanitation receptacles associated with mechanized collection. B. All lighting on the site shall be directed or shaded so as not to shine directly on adjoining non - commercial property. C. A visual screen consisting of solid fencing, landscaping, or other materials, shall be provided in the yard abutting residentially zoned land. Such a screen shall be to a height of 6 feet. If landscaping is used, it shall include evergreen shrubs planted to form a hedge of at least 6 feet mature height within three years of the planting date, except that approved vehicle driveways to an alley shall not be obstructed; and except that sanitation receptacles associated with mechanized collection shall not be obstructed. D. All required parking areas shall include landscaping of at least one tree for each group of ten parking spaces with a minimum of two (2) trees, exclusive of any perimeter landscaping. The trees shall be of a type approved by the City, at least 2" caliper at planting time, and placed in a planting area of 10 -foot minimum width or diameter. CHAPTER 17.31 PID - PLANNED INDUSTRIAL DEVELOPMENT OVERLAY ZONE Sections: 17.31.010 Purpose 17.31.020 Applicability. 17.31.030 Permitted Uses. 17.31.040 Permitted Modifications of Land Use Regulations. 17.31.050 Standards. 17.31.060 Basic Density. 17.31.070 Area and Dimensional Requirements 17.31.080 Off - Street Parking 17.31.090 Design and Landscaping 17.31.110 Procedure for Approval. 17.31.120 Pre - Application Review. 17.31.130 Application Procedure. -59- 17.31.140 17.31.150 17.31.160 17.31.170 17.31.180 17.31.190 17.31.200 17.31.210 17.31.220 Routing and Staff Recommendations. Planning Commission Public Hearing - Scheduling and Notice. Planning Commission Recommendation - Preliminary Development Plans. City Council Action - Preliminary Development Plans. Final Approval of Planned Residential Development. Planning Commission Review of Final Development Plan. City Council Final Action. Building Permits. Modifications After Final Approval. 17.31.010 Purpose. This Overlay Zone is to provide alternative zoning regulations in industrial zones, which permit and encourage design flexibility, conservation and protection of natural amenities, critical areas, and innovation in developments to those regulations found in the underlying zone. It is intended that a Planned Industrial Development may result in a mixed use environment of higher quality than traditional single use industrial development by use of a design process which includes within the site design all the components of a mixed use neighborhood, such as open space, circulation, building types, a variety of uses, and natural features, in a manner consonant with the public health, safety, and welfare. By providing an opportunity to develop or redevelop industrial zoned sites to incorporate mixed residential, commercial and light industrial uses together on the same site, open space amenities, convenient access to commercial needs and work opportunities, and efficient residential densities can be provided. It is also intended that a Planned Industrial 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 open space, commercial and residential uses that are not permitted in traditional industrial 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. Few heavy industrial uses are allowed in this overlay zone and then only conditionally, because of land use impacts associated with heavy industrial uses. This overlay zone provides for the opportunity to create self - contained mixed use neighborhoods with a variety of housing, commercial, and employment choices without following a standard system of public streets and lot design and with allowances for mixed use, residential and commercial developments not usually permitted in industrial zones. These types of office, commercial, residential, and light industrial uses typically involve the need for a large campus -like site with amenities suitable for mixed use developments and bufferingmeasures to reduce the impact of large scale development on adjacent uses. While industrial and commercial uses that are devoid of any impacts detrimental to the environment are allowed, vehicle service stations with petroleum products, automobile dealerships and other land intensive uses, entertainment businesses with adult -only activities, and a variety of manufacturing, maintenance, and repair shops using hazardous materials are prohibited uses. 17.31.020 Applicability. Planned Industrial Developments may be established, subject to final approval of a proposal for a specific parcel or parcels of land, in all industrial zones which do not allow residential uses and may include land which is zoned PBP. A Planned Industrial Development shall contain a minimum of one (1) acre. 17.31.030 Permitted Uses. Residential uses allowed in the RHD zone are allowed within a Planned Industrial Development of less than 3.44 acres; provided that, for purposes of -60- this Chapter, a single family residence may be attached to another dwelling by common walls. Residential building types in a Planned Industrial Development of 3.44 acres or more may vary from those permitted in the underlying zone. 17.31.040 Permitted Modifications of Land Use Regulations. The approval of a Planned Industrial Development may include modifications in the requirements and standards of the underlying land use regulations of the zone in which the project is located, subject to the limitations of this Chapter, except that no approval shall include a modification, variance or waiver of the setback areas required by the underlying zones along the exterior property lines of the PID or of the requirements of the Shoreline Master Program except as provided in Chapter 173 -14 WAC. For the purpose of this section, minimum setbacks along exterior property lines shall be based on the final lot configuration after subdivision of the property. 17.31.050 Standards. The following standards shall apply to all Planned Industrial Developments: A. All street and utility improvements shall be constructed to standards specified by the City of Port Angeles. Street widths may vary from widths required in the Subdivision Regulations, and interior circulation streets may be either public or private. B. All Planned Industrial Developments that include residential uses shall devote at least 30% of the gross area of the site to common usable open space, half of which must be used for recreational purposes and none of which will be credited in the setback areas required along the exterior property lines of the PID. Street rights -of -way, driveways, parking lots and utility structures shall not be counted as part of the common usable open space. Common usable open space shall be maintained as an integral part of the site and may not be segregated as a separate parcel or parcels unless such parcels are to be owned by a homeowners association. Community recreation facilities and recreation structures shall be included in calculating the area devoted to common usable open space. C. All Planned Industrial Developments that include residential uses and provide common open spaces, recreation facilities, private roads, utilities, parking areas or other similar developments within the boundaries of the PID shall provide for continuous and perpetual maintenance of those common amenities of the PID in form and manner acceptable to the City. D. Platting shall be required of all projects which involve or contemplate the subdivision of land. Lots in a platted Planned Industrial Development may be sold to separate owners according to the separate lots as shown in the recorded plat which is approved in connection therewith. Development of all lots within the platted Planned Industrial Development shall be as shown in the approved PID. No further subdivision of land within the Planned Industrial Development will be permitted unless a formal amendment to the PID is approved. E. Conditional Use Permits shall be required of all projects which involve or contemplate conditional uses which may be allowed in the underlying zone(s). No further conditional use permits, except home occupations, will be permitted within the Planned Industrial Development unless a formal amendment to the PID is approved. F. For any underlying land use regulatory process that is consolidated through the PID overlay process, the criteria and development standards of that underlying land use regulatory process shall be met. Any subsequent land use decision made pursuant to an underlying land use regulatory process shall also require a formal amendment to the PID. G. To encourage design flexibility, conservation of natural amenities, and innovations which result in a higher quality environment than traditional development, site �lannin and architectural review which address the followin• criteria are required of all development in the PID. Where applicable, the design of PIDs that include residential uses shall accomplish the following to the greatest extent possible: 1. Preserve unique physical features of the site including, but not limited to, creeks, wetlands, ravines, bluffs, lakes or ponds, shorelines, and forest areas. 2. Preserve scenic view corridors, both internal and external to the site. 3. Provide recreation facilities including, but not limited to, bicycle or pedestrian paths, children's play areas and playfields. 4. The design of all open space areas and building structures shall be compatible with and complementary to the environment in which they are placed. H. All Planned Industrial Developments shall comply with the goals and policies of the Port Angeles Comprehensive Plan. 17.31.090 Design and Landscaping A minimum five -foot landscaping area shall be provided abutting public rights -of -way, except for approved curb cuts. B. All lighting on the site shall be directed or shaded so that it does not shine directly on adjoining non - industrially zoned property or on public rights -of -way. C. A ten -foot wide buffer zone must be maintained adjacent to all residential or commercial uses, which buffer zone shall not be used for storage, driveways, auto parking, or structures, except security fences. A visual screen, consisting of solid fencing, landscaping, or other materials, shall be provided in the buffer zone. Such a screen shall be to a height of 6 feet. If landscaping is used, it shall include evergreen shrubs planted to form a visual screen of 6 feet mature height within three years of planting date., except that approved vehicle driveway openings shall not be obstructed. D. One tree shall be provided for each group of 10 or fewer parking spaces, exclusive of any perimeter landscaping. Trees shall have a minimum caliper of two inches and shall have a height of at least 20 feet at maturity. 17.31.110 Procedure for Approval. The procedure for approval of a Planned Industrial Development shall be composed of four steps: A. Public hearing on the preliminary development plan and, if applicable, the preliminary plat and other permit actions, and recommendation by the Planning Commission to the City Council; B. Approval by the City Council at a public meeting of the preliminary development plan and other actions as applicable, C. Public meeting by the Planning Commission to review the final development plan and plat for compliance with the approved preliminary development plan, and recommendation to the City Council; D. Approval of the final development plan and plat by the City Council following a public hearing. 17.31.120 Pre - Application Review. Prior to applying for a PID, a developer shall submit a conceptual plan to the Planning Department. The conceptual plan will be reviewed for its general compliance with the intent, standards and provisions of this Chapter and other City ordinances by the appropriate departments of the City, and written comments in regard to the plan will be furnished to the developer. The conceptual plan shall contain in sketch form all of the information required in Section 17.31.090 E and G. 17.31.130 Application Procedure. The application for a Planned Industrial Development shall contain the following: -62- A. The name, location and legal description of the proposed development, together with the names, addresses and telephone numbers of the recorded owners of the land and of the applicant and, if applicable, the names, addresses and telephone numbers of any land surveyor., architect, planner, designer, or engineer responsible for the preparation of the plan, and of any authorized representative of the applicant. 13. A narrative explaining the proposed use or uses of the land and building, including the proposed number of dwelling units by type, such as single family detached, row housing, and apartments; information on any special features, conditions of which cannot be adequately shown on drawings; types of commercial structures and required parking; and an explanation of any covenants, continuous maintenance provisions, and /or homeowners association for the project. C. A survey of the property showing existing features, including contours at 5 -foot intervals, buildings, structures, streets, utility easements, rights -of -way, and existing land uses. D. If the site has been previously use as an industrial site where petroleum products, pesticides, or other hazardous chemicals or products were used or stored, a soil survey indicating the location and amounts of pollution on the site. When hazardous levels of pollutants are found, a clean-up or remediation plan is required. E. A vegetation survey of the property by either (a) an aerial photograph of the property in a scale acceptable to the City, which identifies significant groupings of trees and unusual or fine specimens of their species; OR (b) a survey of all trees over twelve inches in trunk diameter measured at four feet above the ground; as determined by the Planning Director, in those areas where improvements are proposed. General wooded areas where no improvements are proposed will require a vegetation survey containing the following elements: 1. A mapping of the extent of the wooded areas with survey of perimeter trees only. 2. A narrative regarding the types (species) and condition of the trees and under - story in the wooded area. 3. Identification of trees which are unusual or fine specimens of their species. 4. In general wooded areas where minor improvements are proposed, a survey of trees over twelve inches in trunk diameter measured at four feet above the ground will be required to a reasonable distance around the improvements. F. Preliminary site plans showing existing and proposed contours at 5 -foot intervals, location and principal dimensions of buildings, open space, recreation areas, parking areas, circulation, landscape areas, subdivision platting and general arrangement. G. A preliminary plat, if applicable, pursuant to Chapter 58.17 RCW and Chapters 16.04 and 16.08 PAMC. H. If a developer elects to obtain additional density credits, the site plan application shall contain specific information relating to the additional density credit criteria of Section 17.70.061. I. Preliminary elevation and perspective drawings of project structures. J. A preliminary utilities plan, including fire hydrant locations. K. A preliminary storm drainage plan with calculation of impervious areas. L . An off - street parking plan and circulation plan showing all means of vehicular and pedestrian ingress and egress to and from the site; size and location of driveways, streets, sidewalks, trails, and parking spaces. Any new traffic control devices required for the safety of the project must be shown. M. Mailing labels as required for public notice pursuant to Section 17.96.140 PAMC. 17.31.140 Routing and Staff Recommendations. Upon receipt of an application satisfying the requirements of Section 17.31.090, the Planning Department shall route the same to all appropriate City Departments. Each such department shall submit to the Planning Department -63- recommendations and comments regarding the application. The Planning Department shall prepare a report to the Planning Commission summarizing the factors involved, the recommendations of other departments, and the Planning Department recommendation and findings. A copy of the report shall be mailed to the applicant and copies shall be made available, at cost, for use by any interested party. 17.31.150 - Planning Commission Public Hearing - Scheduling and Notice. Upon receipt of an application satisfying the requirements of Section 17.31.090, the Planning Department shall schedule a public hearing before the Planning Commission. Public notice shall be given as provided in §17.96.140. 17.31.160 Planning Commission Recommendation - Preliminary Development Plans. Prior to making a recommendation on an application for a preliminary Planned Residential Development, the Planning Commission shall hold a public hearing. The Commission's recommendation on PID density shall be based upon Sections 17.31.010, .060 and .100, and the recommendation for approval, denial, or approval with modifications or conditions shall be forwarded to the City Council in written form based upon compliance with Section 17.31.050 and the following criteria: A. The proposed development will comply with the policies of the Comprehensive Plan and further the attainment of the objectives and goals of the Comprehensive Plan. B. The proposed development will, through the improved utilization of open space, natural topography, densities and integrated circulation systems, create a mixed use environment of higher quality than that normally achieved by traditional development. C. The proposed development will be compatible with adjacent existing and future developments. D. All necessary municipal utilities, services, and facilities, existing and proposed, are adequate to serve the proposed development. E. The internal streets serving the proposed development are adequate for the anticipated traffic levels and the street system of the proposed development is functionally connected by an improved collector street to at least one improved arterial street. F. If the development is planned to occur in phases, each phase shall meet the requirements of a complete development. Developments of less than 3.44 acres shall not be done in phases. 17.31.170 City Council Action - Preliminary Development Plans. The City Council shall, at a public meeting, consider the recommendation of the Planning Commission. The Council may approve, deny, or approve with modifications or conditions the submitted preliminary development plans. Approval shall be by Council action which incorporates the approved preliminary development plans by reference and shall include findings based upon Section 17.31.060, .100, and .190. 17.31.180 Final Approval of Planned Industrial Development. Application for final approval of the Planned Industrial Development shall be submitted within one year of the approval of the preliminary development plan; provided that for phased PID's each phase shall have an additional one -year period for final approval; and provided further that an applicant may apply to the Planning Commission, and the Commission may approve, one or more one -year extensions as the Commission may deem appropriate. The site must be under one ownership prior to final approval by the Planning Commission and City Council, and the application for final approval must be made by the owners of the entire site. The application shall include the following: -64- A. A title report showing record ownership of the parcel or parcels upon which the PID is to be developed. B. Guarantee ensuring the retention and continued maintenance of common open space, recreation facilities, and recreation structures. If development is to be done in phases, each phase must meet the requirements of this Section. C. Final development plans, which shall be in compliance with the approved preliminary development plans. D. The final plat, if applicable, pursuant to Chapter 58.17 RCW and Chapter 16.04 and 16.08 PAMC E. Development schedule. F. Bond or other form of security acceptable to the City in a sufficient amount to complete the project or submitted phase, as determined by the City. 17.31.190 Planning Commission Review of Final Development Plan. The Planning Commission shall consider the application for final approval at a public meeting. A recommendation to the City Council for approval shall include findings on the following: A. Compliance with the approved preliminary development plans; B. Adequacy of the provisions for maintenance of required common open space and other common improvements; C. The final plat, if applicable; and D. Bonding or other acceptable form of security for the whole or specific parts of the project. 17.31.200 City Council Final Action. The City Council shall review the recommendation of the Planning Commission at a public hearing, notice of which shall be given as provided in Section 17.96.140, and shall approve, deny, or approve with modifications the final development plan and, if applicable, the final plat. Approval of the final development plan shall be by ordinance and a copy of the final PID shall be filed with and made a part of said ordinance. The Zoning Map shall be amended to indicate the extent of the approved Planned Residential Development, and all future development of the site shall be in conformance with the approved PID. 17.31.210 Building Permits. The Building Division shall issue building permits for buildings and structures which conform with the approved final development plans for the Planned Industrial Development and with all other applicable City ordinances and regulations. The Building Division shall issue a certificate of occupancy for completed buildings or structures which conform to the requirements of the approved final development plans and all other applicable City ordinances and regulations. The construction and development of all the common usable open spaces, including recreation facilities, and other public improvements of each project phase must be completed before any certificates of occupancy will be issued; except when bonds or other acceptable forms of security are deposited assuring the completion of such facilities within six months. 17.31.220 Modifications After Final Approval. The final approval shall be binding upon the development, and design variations from the plan must be submitted to the Planning Commission and City Council for approval and amendment of the ordinance, except for minor changes, as follows: The Planning Department is authorized to allow minor adjustments in the development schedule, location, placement, height, or dimension ofbuildings and structures, not to exceed an alteration of ten percent in height or ten feet in any other direction, when such minor changes and alterations are required by engineering and other circumstances not foreseen - 6 5 - or reasonably foreseeable at the time of approval of the final development plans; except that such adjustments shall not increase the total amount of floor space authorized in the approved final PID, or the number of dwelling units or density, or decrease the amount of parking or loading facilities, or permit buildings to locate closer to the closest boundary line, or decrease the amount of open space, or decrease the recreation facilities, or change any points of ingress or egress to the site, or extend the development schedule for not more than twelve months. CHAPTER 17.32 IL - INDUSTRIAL, LIGHT Sections: 17.32.010 Purpose. 17.32.020 Permitted Uses. 17.32.030 Accessory Uses. 17.32.040 Conditional Uses. 17.32.050 Area and Dimensional Requirements. 17.32.060 Off - Street Parking. 17.32.080 Design and Landscaping. 17.32.010 Purpose. 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. Permitted uses are largely devoid of exterior nuisance factors, such as noise, glare, air and water pollution, and fire and safety hazards on adjacent non - industrial property, and do not have an exceptional demand on public facilities. These types of industrial uses typically involve the manufacture of finished products from pre- fabricated materials, product wholesaling, and material storage. Buffering measures to reduce the impact of industrial uses on nearby residential uses may be required. While industrial and commercial uses that are largely devoid of any impacts detrimental to the environment are allowed, vehicle service stations with petroleum products and entertainment businesses with adult -only activities are also permitted uses, and a variety of maintenance and repair shops with hazardous materials are also conditionally permitted uses. This zone provides the basic urban land use pattern for light industrial uses with direct access on an arterial street, design standards for greater truck traffic, and buffers for nonindustrial uses. 17.32.020 Permitted Uses. A. Manufacturing buildings for: 1. Clothing, shoes, and garments. 2. Electrical, electronic, and communications equipment. 3. Handicrafts, jewelry, musical instruments, and toys. 4. Assembly of machinery, such as but not limited to engines, vehicles, boats, aircraft, and parts thereof. 5. Medical, dental, optical, and orthopedic instruments and appliances. 6. Assembly of metal products, such as small arms, pens, office furniture, tools, and household appliances. 7. Microbreweries. -66- 8. Assembly of mobile and modular homes and home components. 9. Wood products, such as cabinets, furniture, fixtures, and pre- fabricated building components. B. Retail buildings: 1. Adult entertainment businesses. 2. Auto and truck service stations, gasoline service islands. 3. Chain saw sales and service stores. 4. Cocktail lounges and taverns. 5. Restaurants and cafes. 6. Retail establishments accessory to building materials, electrical, and plumbing supplies. C. Wholesale Distribution: 1. Warehouse buildings and yards. 2. Wholesale stores. D. Services: 1. Building maintenance and janitorial services buildings. 2. Equipment rental stores, including heavy equipment. 3. Laundry and dry cleaners buildings. 4. Machinery maintenance and repair shops. 5. Mini - warehouses. 6. Business and professional offices. 7. Research and development laboratories. 8. Storage yards and maintenance shops for builders, contractors, and governmental agencies. 9. Veterinary clinics, offices, and kennels. E. Transportation and Communication: 1. Airports, airport terminals, and related facilities. 2. Freight companies terminals. 3. Household moving and storage buildings. 4. Mass transit terminals. 5. Off - street business parking structures and lots. 6. Parcel delivery service buildings. 7. Printing, publishing, and book - binding buildings. 8. Vehicular services facilities, such as automotive and truck rentals, vehicle maintenance and repair shops, auto and truck body and paint shops, and auto and truck engine repair shops. 9. Utility buildings and structures. 17.32.030 Accessory Uses. Accessory uses determined by the Planning Director to be compatible with the intent of this Chapter are permitted. 17.32.040 Conditional Uses. A. Manufacturing buildings for: 1. Processing of food products, such as meat, fruit, vegetables, seafood, beverages, vegetable oils, and dairy products. 2. Pharmaceutical and drug products. 3. Plastic and other synthetic products. -67- 4. Specialized small mechanical parts, tools, die - casting, bearings, patterns, and other similar products, welding shops, and machine shops. B. Other: 1. Agricultural uses, defined as commercial farming and animal husbandry. 2. Fire stations. 3. Off - premises outdoor advertising signs. 4. Public juvenile detention facilities, where: a. The average daily noise levels (ldn) do not exceed 45 decibels for interior sleeping quarters, or such other standard as is generally accepted; and b. The existing and potential industrial uses will not adversely impact the detention center. 5. Public parks and recreation facilities, where: a. The average daily noise levels (ldn) do not exceed 45 decibels for interior portions of the buildings; b. There are no existing industrial uses in the vicinity which would adversely impact the use; and c. In the event a change in circumstances is found by the Planning Commission which would result in potential adverse impacts on or land use conflicts to an approved use, the conditional use permit shall become void and the use shall cease. 6. Radio towers exceeding thirty -five (35) feet. 7. Social service agencies providing 24 -hour residential care, where a. The average daily noise levels (ldn) do not exceed 60 decibels for exterior portions of the site and 45 decibels for interiors of living quarters; b. There are no existing industrial uses in the vicinity which would adversely impact the residential use; and c. In the event a change in circumstances is found by the Planning Commission which would result in potential adverse impacts on or land use conflicts to an approved residential use, the conditional use permit shall become void, and the residential use shall cease. 8. Small scale sawmills, where: a. The sawmill, including the sawmill site and the total area of operations, occurs on an area of one -half acre or less, including the storage of logs and finished products; b. The gross weight of the sawmill is no greater than ten thousand pounds; c. The hours of operation are limited from 7:00 a.m. to 6:00 p.m. Monday through Friday; d. All lighting is directed away from residential areas; e. Noise levels comply with Chapter 173 -60 WAC, to the extent applicable; and f. Wood waste management is conducted to avoid excessive accumulation of wood waste. 9. Other uses compatible with the purpose of this Chapter. 17.32.050 Area and Dimensional Requirements. A. Minimum Lot Area: 7,000 square feet. B. Minimum Lot Width: None. -68- C. Setbacks: Front - 25 feet, except 35 feet abutting a residentially or commercially zoned property. Rear - 25 feet, except 35 feet abutting a residentially or commercially zoned property. Side - 15 feet, except 25 feet abutting a residentially or commercially zoned property. D. Maximum Lot Coverage: None. E. Maximum Height: 35 feet. 17.32.060 Off - Street Parking. (See Chapter 14.40 PAMC). 17.32.080 Design and Landscaping. A. A minimum five -foot landscaping area shall be provided abutting public rights - of -way, except for approved curb cuts. B. All lighting on the site shall be directed or shaded so that it does not shine directly on adjoining non - industrially zoned property or on public rights -of -way. C. A ten -foot wide buffer zone must be maintained adjacent to all residentially or commercially zoned property, which buffer zone shall not be used for storage, driveways, auto parking, or structures, except security fences. A visual screen, consisting of solid fencing, landscaping, or other materials, shall be provided in the buffer zone. Such a screen shall be to a height of 6 feet. If landscaping is used, it shall include evergreen shrubs planted to form a hedge visual screen of 6 feet mature height within three years of the planting date; except that approved vehicle driveway openings shall not be obstructed. D. One tree shall be provided for each group of 10 parking spaces, exclusive of any perimeter landscaping. Trees shall have a minimum caliper of two inches and shall have a height of at least 20 feet at maturity. CHAPTER 17.34 IH - INDUSTRIAL, HEAVY Sections: 17.34.010 Purpose. 17.34.020 Permitted Uses. 17.34.030 Accessory Uses. 17.34.040 Conditional Uses. 17.34.050 Area and Dimensional Requirements. 17.34.060 Off - Street Parking. 17.34.010 Purpose 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. Significant adverse impacts can be expected from permitted industrial uses that involve hazardous materials, noise, air and water pollution, shift work around the clock, entertainment businesses with adult -only activities, and outside storage yards and manufacturing activities. This zone -69- provides the basic urban land use pattern for heavy industrial uses with direct access to major transportation facilities, design standards for greater truck traffic, and buffers for nonindustrial uses unless deemed impractical. 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 (animal shelter). 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, adult entertainment business, or similar amusement enterprise. L. Railroad yard or roundhouse. ML. Sawmills, paper mills, pulp mills. NM. Ship building, storage, repair, boat havens, marinas. ON. Storage yards; building materials, tractors, trucks, boats, equipment. PO. Transportation or freight terminal. OP. Truck, trailer, motorcycle, repairing, overhauling, rental, sales. R.Q. Utility buildings and structures. SR. Veterinary clinics, offices, and kennels. TS. Warehousing, distributing plants. UT. Wood products manufacture. 384U. Manufacturing, processing, packing, storage of: 1. alcohol 2. brick, tile or terra -cotta 3. brooms, brushes 4. celluloid or similar cellulose materials 5. cloth, cord or rope 6. concrete 7. electrical products and appliances 8. food and food products 9. kelp reduction 10. lumber 11. machinery 12. paper and pulp 13. prefabricated buildings 14. signs, all types 15. salt works 16. vegetable or other food oil. 17.34.030 Accessory Uses. Accessory uses determined by the Planning Director to be compatible with the intent of this Chapter are permitted. -70- 17.34.040 Conditional Uses. A. Distillation of wood, coal or bones or manufacture of any of their by- products. B. Fire Stations. C. Fuel yards subject to the limitations contained in PAMC 14.21.030 (B). D. Gas (illuminating or heating) manufacture or storage subject to the limitations contained in PAMC 14.21.030(A). E. Manufacturing, processing, packing, storage of: 1. asphalt 2. chemicals 3. ceramics 4. drugs, pharmaceuticals 5. perfumes 6. paint, lampblack, varnish, oil, turpentine 7. plastics 8. soap and soap products, toiletries 9. tar roofing or waterproofing. F. Sale of marine supplies. G. Off - premises outdoor advertising signs. H. Power, light or steam plant. I. Retail uses - establishments incidental to a use permitted under Section 17.34.020 when located on the same zoning lot as the permitted use. J. Restaurants, cafeterias. K. Other uses compatible with the intent of this Chapter. 17.34.050 Area and Dimensional Requirements. A. Minimum lot size: 7,000 sq. ft. B. Minimum Yard Requirements: No buildings shall be constructed closer than 30 feet to any public right -of -way line, nor closer than 15 feet to any property line when abutting commercial or residential zones. Unless deemed by the City to be impractical, ineffective, or unnecessary, buffers shall be provided between industrial and other uses in order to mitigate nuisance and hazardous characteristics such as noise, particulate matter in the air, water or odor pollution, objectionable visual material, or other such impacts. C. Maximum Building Height: 75 feet. Height in excess of 75 feet may be allowed by conditional use permit and may require increased setbacks. D. Maximum Lot Coverage: None. 17.34.060 Off - Street Parking. (See Chapter 14.40 PAMC). CHAPTER 17.36 IM - INDUSTRIAL, MARINE 17.36.010 Purpose. This is an industrial zone intended to preserve industrial areas in the harbor for marine industrial uses, which are characterized as water dependent or water related. Because there is a very limited amount of shorelands adjacent to the Port Angeles Harbor, a zone that allows for mixed uses that do not adversely impact each other can maximize potential water dependent, water related, and water enjoyment uses of the harbor without excluding either industrial or nonindustrial uses being intermixed. Certain commercial, residential, public, and other mixed uses may be appropriately located in this zone, and, therefore, heavy industrial manufacturing uses, which have significant nuisance factors, shall not be located in this zone. 17.36.020 Permitted Uses. A. Emergency stations, including lighthouses, marine rescue, oil clean -up, and other facilities. B. Institutional facilities, including marine laboratories and yacht clubs C. Marinas, including boat moorage, storage, repairs, sales, supplies, marine fueling, mad other services to the boating public. D. Personal services facilities, such as barber shops, beauty shops, exercise and reducing studios, tamping salons, and travel agency offices. E. Recreational facilities, including public parks and piers, aquariums, waterfront trails. and water enjoyment commercial recreation establishments. F. Restaurants, cafes, cafeterias, cocktail lounges, delicatessens, mad taverns. G. Specialty shops, such as antique, art supplies, bicycle, book, candy and ice cream, clothing, coffee and espresso, computer, florist, gift, hobby and toy, jewelry, kayak, net, and video rental. H. Transportation terminals, including facilities for ferries, cruise ships, vehicle rentals, seaplanes, research vessels, mass transit, and other facilities for moving people not goods. 17.36.030 Accessory Uses. Accessory uses determined by the Community Development Director to be compatible with the intent of this Chapter are permitted. 17.36.040 Conditional Uses. A. Business, professional, and governmental offices incidental to a use permitted reader Section 17.36.020 when located on the same zoning lot as the permitted use. B. Hotels, motels, convention centers, and auditoriums. C. Residential structures that are permitted in the RHD zone at the RHD density allowance area and dimensional requirements, except in areas designated as restricted clean -up sites. D. Upland aquaculture facilities. E. Warehousing and distribution facilities for goods mad products. 17.36.50 Development Standards A. Area and Dimensional Requirements. 1. Minimum Lot Area: 7,000 square feet 2. Minimum Lot Width: None. 3. Setbacks: Front - 25 feet -72- Rear - 25 feet Side - 15 feet 4. Maximum Lot Coverage: None. C. Maximum Building Height: 35 feet. 17.36.60 Off - Street Parking. (See Chapter 14.40 PAMC.) 17.36.70 Signs. =�. One business sign for each wail not to exceed one square foot for each horizontal line 31 foot of the building wall upon which it is mounted or 300 square feet, whichever is less, shall be permitted. B. One free - standing, detached business sign, not exceeding 15 feet in height and 35 square feet in area shall be permitted. C. Each public and private directional, traffic, and warning attached and detached sign shall not exceed 6 square feet in area. D. Signs may be lighted, but not intermittent or flashing. 17.36.80 Design and Landscaping A. A minimum five -foot landscaping area shall be provided abutting public rights -of -way, except for City approved curb cuts. k. All lighting on the site shall be directed or shaded so that it does not shine directly on adjoining property or public right -of -way. C. A ten -foot wide buffer zone must be maintained from adjacent properties. This buffer zone shall not be used for storage, driveways, parking, or structures, except for fences. A visual screen, consisting of solid fencing, landscaping, or other materials shall be provided in the buffer zone. If landscaping is used, it shall include evergreen shrubs planted to form a hedge visual screen of 6 feet mature height within three years of the planting date. All visual screens shall be to a height of 6 feet, except where views shall not be obstructed in the vision triangle for City approved vehicle driveway intersections with the street or alley. D. One tree shall be provided for each group of 10 parking spaces, exclusive of any perimeter landscaping. Trees shall have a minimum caliper of two inches and shall have a height of at least 20 feet at maturity. CHAPTER 17.96 ADMINISTRATION AND ENFORCEMENT Sections: 17.96.010 Scope of Regulations. 17.96.020 Interpretation 17.96.030 Rules for Interpreting Zoning Boundaries. 17.96.040 Substandard Lots, Recorded Lots. 17.96.045 Zoning Lot Covenants - Applicability. 17.96.050 Conditional Use Permit. 17.96.060 Unclassified Use Permit. 17.96.070 Hearing and Appeal of Conditional or Unclassified Use Permit Applications. 17.96.080 Variances and Decisions of Planning Director. -73- 17.96.090 Filing Fees. 17.96.095 Zoning Initiation by the Planning Commission. 17.96.100 Amendments . 17.96.110 Subdividing . 17.96.120 Enforcement. 17.96.125 Nonresidential Dwelling Prohibitions. 17.96.130 Entry Upon Private Property. 17.96. 140 Notice of Public Hearings. 17.96.1 50 Appeals. 17.96. i 60 Code Revisor. 17.96. X70 Zoning Code Amendment. 17.96.180 Penalties. 17.96.010 Scope of Regulations. A. All buildings erected hereafter, all uses of land or buildings established hereafter, all structural alteration or relocation of existing buildings occurring hereafter, all enlargements of or additions to existing uses occurring hereafter, shall be subject to these Zoning Regulations which are applicable to the zones in which such buildings, uses, or land shall be located. B. Where a building permit for a building or structure has been issued in accordance with law prior to the effective date of these Zoning Regulations, and provided that construction has begun by said date, said building or structure may be completed in accordance with the approved plans on the basis of which the building permit has been issued, and upon completion may be occupied under a certificate of occupancy by the use for which originally designated, subject thereafter to the provisions in regard to nonconforming buildings, uses, and structures. 17.96.020 Interpretation. A. In the interpretation and application of these Zoning Regulations, the provisions of these Regulations shall be held to be the minimum requirements for the promotion of public health, safety, and welfare. B. Where the conditions imposed by any provisions of these Zoning Regulations upon the use of land or buildings or upon the bulk of buildings are either more restrictive or less restrictive than comparable conditions imposed by any other provision of these Zoning Regulations or of any other law, ordinance, resolution, rule, or regulation of any kind, the regulations which are most restrictive (or which impose higher standards or requirements) shall govern. C. These Zoning Regulations are not intended to abrogate any easement, covenant, or any other private agreement; PROVIDED that where these regulations are more restrictive (or impose higher standards or requirements) than such easements, covenants, or other private agreements, the requirements in these Zoning Regulations shall govern. D. No building, structure, or use which was not lawfully existing at the time of the adoption of these Zoning Regulations shall become or be made lawful solely by reason of the adoption of these Zoning Regulations, and to the extent and in any manner that said unlawful building, structure or use conflicts with the requirements of these Zoning Regulations, said building, structure, or use remains unlawful. 17.96.125 Nonresidential Dwelling Prohibition . House trailers, automobiles, automobile trailers, mobile homes, park model manufactured homes, boats, recreation vehicles, vacation trailers and campers shall not be used for residential purposes in the City of Port Angeles except in approved Trailer Parks or as permitted by Section 17.95.060 PAMC (Temporary Use Permit). 17.96.030 Rules for Interpreting Zoning Boundaries A. When uncertainty exists as to the boundaries of zones as indicated on the Official Zoning Map, the following rules shall apply: 1. Boundaries shown on the Zoning Map as approximately following the center line of streets, alleys, highways or City limits shall be construed as following such center lines and City limits. 2. Distances not specifically indicated on the Zoning Map shall be determined by applying the scale of the Map. 3. Where a zone boundary line parallel, or approximately parallel, to a street divides a lot or property in single ownership having street frontage in a less restrictive zone, the provisions applicable to the less restrictive zone may be extended to the entire lot, but in no case for a distance of more than twenty -five (25) feet. Where such zone boundary line divides a lot having street frontage only in a more restrictive zone, the provisions of these Regulations covering the more restrictive portion of such lot shall extend to the entire lot. 4. Where a zone boundary line divides a lot of single ownership and such line is at right angles or approximately at right angles to the street, highway or place upon which said lot fronts, the provisions of these Regulations applicable in the less restrictively zoned portion of the lot may be extended to the entire lot or for a distance of twenty -five (25) feet from such zone boundary line, whichever is the lesser distance. 5. Where a zone boundary line, as indicated on the Zoning Map, follows the top or bottom of a bluff or bank, such line shall be at the point which is the average grade of the slope for the bank and top, or bottom, as determined by the City Engineer. B. Interpretation on zoning boundaries shall be made consistent with the City's Comprehensive Plan goals, policies, and objectives. 17.96.040 Substandard Lots, Recorded Lots. When a lot has less than the minimum required area or width in any zone, and said lot was of record on the effective date of these Zoning Regulations, such lot shall be deemed to have complied with the minimum required lot area or width, in such zone. A building or structure may be permitted on said lot of record providing it meets all other requirements for such zone. 17.96.045 Zoning Lot Covenants - Applicability. Zoning lot covenants, as defined in PAMC 17.08.130(C), may be used only to allow a property owner to designate as a zoning lot two or more adjacent lots that either: A. Have one legal residential structure encroaching onto all of the said lots; or B. Results in a lot that meets the zoning and subdivision requirements; or C. Results in a lot that does not meet the zoning and subdivision requirements, provided that the owners sign a no- protest agreement for the formation of an L.I.D. for meeting the development standards. The covenant shall be recorded with the County Auditor's Office and a copy of the - 7 5 - recorded covenant shall be provided to the Planning Department. Once filed, the covenant may only be removed through compliance with Chapter 58.17 RCW and the City's subdivision and /or short plat regulations. 17.96.050 Conditional Use Permit A. The Planning Commission shall consider applications for Conditional Use Permits of uses as specified in the applicable Chapter of the Zoning Regulations. The Planning Commission may grant said permits which are consistent and compatible with the purpose of the zone in which the use is located, consistent with the Comprehensive Plan, and not contrary tol the public use and interest. The Planning Commission may refuse to issue a Conditional Use Permit if the characteristics of the intended use as related to the specific proposed site are such as would defeat the purpose of these Zoning Regulations by introducing incompatible, detrimental, or hazardous conditions. B. In each application the Planning Commission may impose whatever restrictions or conditions they consider essential to protect the public health, safety, and welfare, and to prevent depreciation of neighboring property. C. Purpose of a Conditional Use Permit: The purpose of a Conditional Use Permit shall be to assure that the maximum degree of compatibility between uses shall be attained. The purpose of these regulations shall be maintained with respect to the particular use of the particular site and in consideration of other existing and potential uses within the general area in which such use is to be located. D. The federal Fair Housing Act requires that reasonable accommodations be made in rules policies, practices, or services, when such accommodations may be necessary to afford disabled people equal opportunity to use and enjoy a dwelling. The Planning Commission is therefore authorized to make accommodations in the consideration of Conditional Use permits for group homes for disabled persons as defined in the federal Fair Housing Act, when the Commission determines that such accommodations reasonably may be necessary in order to comply with such act. 17.96.060 Unclassified Use Permit. A. The Planning Commission shall consider applications for Unclassified Use Permits of uses possessing characteristics of such unusual, large- scale, unique or special form as to make impractical including them in any zone of classified uses. The Planning Commission may grant said permits which are consistent and compatible with the purpose of the zone in which the use is located, consistent with the Comprehensive Plan, and not contrary to the public use and interest. The Planning Commission may refuse to issue an Unclassified Use Permit if the characteristics of the intended use as related to the specific proposed site are such as would defeat the purpose of these Zoning Regulations by introducing incompatible, detrimental, or hazardous conditions. B. In each application the Planning Commission may impose whatever restrictions or condition it considers essential to protect the public health, safety, and welfare, and to prevent depreciation of neighboring property. C. Purpose of an Unclassified Use Permit: The purpose of an Unclassified Use Permit shall be to assure that the maximum degree of compatibility between uses shall be attained. The purpose of these regulations shall be maintained with respect to the particular use of the particular site and in consideration of other existing and potential uses within the general area in which such use is to be located. -76- D. The following uses require an Unclassified Use Permit: 1. Aquaculture. 2. Casinos. 3. Correctional facilities. 4. Gun clubs, skeet shoots, target ranges, and firing ranges. 5. Hydroelectric dams. 6. Oil ports (facilities which will result in the receipt of more than an average of 50,000 barrels per day of crude or refined petroleum which has been or will be transferred over marine waters). 6. Petroleum refineries, liquefied natural gas and liquefied petroleum gas facilities, energy facilities, energy plants and their associated facilities and associated transmission facilities such as defined in Chapter 80.50RCW. 7. Processing and rendering of animal byproducts. 8. Quarrying and mining. 9. Refuse disposal sites, dumps, sanitary landfills, and incinerators. 10. Removal and processing of sand, gravel, rock, peat, black soil, and other natural deposits. 11. Transfer stations for refuse and garbage. 12. Wireless communication support structures that exceed the maximum building height specified by the particular zone. 13. Other uses possessing characteristics of such unusual, large - scale, unique or special form as to make impractical including them in any zone of classified uses. 17.96.070 Hearing and Appeal of Conditional or Unclassified Use Permit Applications A. Notice and Hearing for Conditional or Unclassified Use Permits. Upon filing an application for a conditional or unclassified use permit in which the application sets forth fully the grounds for, and the facts deemed to justify, the granting of a Conditional or Unclassified Use Permit, the Planning Commission shall give public notice, as provided in PAMC 17.96.140, of the intention to consider at a public hearing the granting of a Conditional or Unclassified Use Permit. The Planning Commission' s decision shall be final unless appealed to the City Council. B. Decisions. Conditional or Unclassified Use Permit decisions issued by the Planning Commission, shall be set forth in writing and shall be accompanied by written findings and conclusions. Decisions shall be deemed effective upon adoption of the written decision, findings, and conclusions. A 14 -day appeal period shall commence upon such adoption. On the next business day following the effective date of the decision, or as soon thereafter as practicable, the Planning Department shall mail copies of the decision, findings and conclusions to the applicant and anyone else who has in writing requested such notification and shall place a legal notice of decision in the local newspaper. C. Appeals. 1. Any person aggrieved by the decision of the Planning Commission may appeal the decision to the City Council. 2. Appeals shall be submitted to the Planning Department in writing within fourteen (14) days following the date of the decision. 3. The City Council shall conduct a closed record hearing on the appeal of the Planning Commission's decision with notice being given as set forth in PAMC 17.96.140. The Council's decision shall be final unless appealed to Clallam County Superior -77- Court in accordance with PAMC 17.96.150. D. Permits Void After One Year. All conditional or unclassified use permits shall become void one year from the date of granting such permits if use of the land or buildings or applying for necessary building permits(s) has not taken place in accordance with the provisions in granting said requests. E. Extensions of Approved Conditional Use Permits. Extensions of approved conditional use permits shall be considered in accordance with the same procedures as for the original permit application, and may be granted for a period of one to five years, provided that the following minimum criteria are met: 1. The use complies with the permit conditions. 2. There have been no significant, adverse changes in circumstances. Upon written request for an extension submitted to the Planning Department prior to the expiration of the conditional use permit, said conditional use permit shall be automatically extended for ninety days to allow the City adequate time to review the extension request. F. Minor Amendment of Approved Conditional Use Permits. 1. Upon written request submitted to the Planning Department, the Planning Director may approve a minor amendment to an approved conditional use permit if: a. The amendment does not increase the intensity of the use by more than 10% of the original approval; b. The amendment will not be materially detrimental to the public welfare or injurious to property or improvements in the vicinity and zone in which the subject property is located; and c. The site has been posted and adjacent property owners notified fifteen (15) days prior to the decision. 2. Any applications that are not granted a minor amendment by the Planning Director pursuant to this section must obtain an amendment through the City's normal conditional use permit procedure. 17.96.080 Variances and Decisions of Planning Director All requests for variances and appeals from decisions of the Planning Director shall be handled by the Board of Adjustment in accordance with its powers and rules. When a variance is denied, a new application for the same variance may not be submitted for a period of one year following the denial, unless there has been a revised proposal, significant change in circumstances or additional information in support of the variance. 17.96.090 Filing Fees . A fee for the filing and processing of applications for all permits required by this Title shall be paid at the time an application is submitted. The amount of the fee shall be as established by ordinance and set forth in Chapter 3.70 PAMC. 17.96.095 Zoning Initiation by the Planning Commission . On its own action, or if requested by the Council, the Planning Commission shall cause to be prepared official controls which, when adopted by ordinance by the Council, will further the objectives and goals of the Comprehensive Plan. The Planning Commission may also draft such regulations, programs and legislation which, in its judgment, are required to preserve the integrity of the Comprehensive Plan and assure its systematic execution, and the Planning Commission may recommend such plans, regulations, programs and legislation to the Council for adoption. 17.96.100 Amendments. A. In determining if an amendment to these regulations is needed, the City Council shall give due consideration to the proper relationship of such amendment to the Comprehensive Plan and the entire Zoning Regulations; it being the intent to retain the integrity and validity of the zones herein described and to avoid any isolated spot zoning changes in the Zoning Map. B. Any amendments adopted by the Council may be modified from the form in which they were advertised within the limits necessary to relate properly such amendment or amendments to the Zoning Regulations. Final action on such modifications shall be subject to review and report of the Planning Commission prior to final passage by the City Council. C. No application for a change of zoning of any lot, parcel or portion thereof shall be considered by the Council within one year of the final action of the Council upon a prior application covering any of the same described land. This provision, however, shall not impair the right of the Council to propose by their own action any amendment or change in the boundaries of any of the zones in these regulations. 17.96.110 Subdividing. The City Council shall review all proposed subdivisions and shall have the power to approve or deny said plats and to require any modifications necessary to assure consistency with the Comprehensive Plan, and to standards, specifications, and regulations established by State law, by City of Port Angeles Subdivision Regulations (Ch. 16.08 PAMC), and by this Title. 17.96.120 Enforcement. A. The Planning Director shall have the authority to enforce all provisions of this Ordinance. No oversight or dereliction on the part of the Planning Director or any official or employee of the City of Port Angeles vested with the duty or authority to issue permits or licenses shall legalize, authorize, waive or excuse the violation of any of the provisions of this Title. B. No permit or license for any use, building, or purpose shall be issued by any official or employee of the City of Port Angeles if the same would be in conflict with the provisions of this Title or any other Ordinance now in force referring to this Title. Any permit or license so issued shall be null and void. C. In the event any person, firm, or corporation should use, erect, construct, move, or alter, or attempt to use, erect, construct, move, or alter any property, building, or structure in violation of the provisions of this Title, the same is hereby declared a public nuisance and the City Attorney shall have the authority to bring and to prosecute an action in any court of competent jurisdiction to enjoin such person, firm, or corporation from continuing such use, erection, construction, moving, or altering. If such use, erection, construction, moving, or alteration is being or has been accomplished, the City Attorney shall enjoin such person, firm, or corporation from maintaining same. 17.96.130 Entry Upon Private Property . The Building Official, members of the Commission, and the Planning or Engineers' staff, in the performance of their functions and duties, may, on notification, except in an emergency, enter upon any land and make examinations and surveys. Provided, that such entries and examinations do not damage or interfere with the use of the land by those persons lawfully entitled to the possession thereof. 17.96.140 Notice of Public Hearings Notice of public hearings required pursuant to this Title shall be given as follows: A. At least fifteen (15) days prior to the date of the public hearing, the Planning Department shall cause notice of the time, place, and purpose of the hearing to be published in the City's officially designated newspaper. B. In addition to the notice given in subsection 1, where the purpose of the public hearing involves a specific site, notices shall be given as follows: 1. At least fifteen (15) days prior to the date of the public hearing, the applicant shall cause notice of the time, place and purpose of the hearing to be posted on the site in a conspicuous manner in the form of a brightly colored notice on a self - standing sign as provided by the Planning Department or in such other form as the Planning Department may direct. The applicant shall file with the Planning Department an affidavit that such posting has been accomplished and that the applicant shall assume full responsibility for return or replacement, in the case of damage. Consideration will be given in the case of vandalism beyond the applicant's control. 2. At least fifteen (15) days prior to the date of the public hearing, the Planning Department shall cause notice of the time, place and purpose of the hearing to be mailed to the latest recorded real property owners within at least 300 feet of the boundary of the site as shown by the records of the County Assessor. The applicant shall provide the Planning Department with mailing labels for each such property owner. 17.96.150 Appeals . Any appeal of a final decision rendered by the City Council pursuant to this Title shall be filed in Clallam County Superior Court within twenty -one (21) days of such final decision or be barred. 17.96.160 Code Revisor The City's Code Revisor is authorized and directed to make minor organizational changes to the Zoning Code necessary for codification, and to prepare for City Council adoption a codification of the entire City Zoning Code, including all Zoning Code Amendments that have been approved by the City Council. 17.96.170 Zoning Code Amendment Application. Any person wishing to apply for an amendment to this Zoning Ordinance shall submit a completed application and a filing fee in the amount set forth in Chapter 3.70 PAMC to the Planning Department, together with any information necessary to comply with the requirements of the State Environmental Policy Act (SEPA) Chapter 43.21C RCW. 17.96.180 Penalties Any person, firm, or corporation violating any provisions of this Title shall be guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not more than $500 or by imprisonment for a term not to exceed six months, or by both fine and imprisonment. Such person, firm, or corporation shall be deemed guilty of a separate offense for each and every day during any portion of which any violation of this Title is committed, continued, or permitted by such person, firm, or corporation, and shall be punishable as herein provided. Section 2. Severability. If any provisions of this Ordinance or its applications to any person or circumstances is held to be invalid, the remainder of the Ordinance or application of -80- the provisions of the Ordinance to other ;ns or circumstances is not affected. Section 3 - Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of the scrivener's /clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. Section 4 - Effective Date . This Ordinance shall take effect five days after 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 7th day of December, 2004. ATTEST: AV 41 Becky J. ity Cler AP ROVED AS TO F A_ William E. Bloor, City Attorney PUBLISHED: December 12, 2004 By Summary G:\ Legal_ Backup \ORDINANCES &RESOLUTIONS \2004 24.DevelopmentRegs- Chapter 17.102604.wpd November 23, 2004 SIGNS PER SITE 4- T 0 5 sq. ft. indirectly lit 5 sq. ft. unlit II 24 sq ft of reader board signage indirectly lit l0sgftunlit * 10 sq ft unlit II 10 sq ft unlit 20 sq ft unlit LOT COVERAGE * * o o * * * * * * * * in M * * 35 ft. I 10 ft. Corner Side * * * in rn * * v-1 M c O N 25 ft. tD REQUI LInterior Side * * * M * * 35 ft. I NN Front * * * in M * * In M O M 25 ft. H H a ; * * * O O ,--i * in O O N O O .-r ---■ O O O O N c; in HI Q O" in O 7,000 sq. ft] 25,000 sq. ft. 10,500 sq. ft. 14,000 sq. ft. 16,500 sq. ft. 1/2 acre 1 acre cn O O O W HArt Galleries and Museums Bed and Breakfasts Day Care Centers Churches Communication Transmission Structures, Radio /TV Stations and Towers Duplexes: RS -7 Zone RS -9 Zone RS -11 Zone Libraries Nursing, Convalescent Homes, Assisted Living Facilities Public Parks and Recreation Facilities Public Utility Structures t ? - t ? 2 ¢ ƒ ��� M 8 -§ 0 m & / r M / M ? c ? t ? � .7t. d ? d ? % d % ? d -d- d ? d ? / ? d ? 9 f \ u oci a> R 7 Le-) ct / + 1> § 0 c f ƒ ? o Public and Private Schools: Elementary Schools Middle, Jr. and Sr. High Schools Private School * See applicable zone for minimum standards Summaries of Ordinances Adopted by the Port Angeles City Council on December 7, 2004 Ordinance No. 3178 This Ordinance of the City of Port Angeles, Washington, amends the 2004 budget, adopts the 2005 budget, and provides for a cost of living increase for certain city employees. Ordinance No. 3179 This Ordinance of the City of Port Angeles, Washington, amends and updates the City's development regulations to be consistent with the City's revised Comprehensive Plan by adding a new Chapter 15.02 Definitions, and amends Chapters 14.36, 15.20, 15.24, 15.28, and 16.08 of the Port Angeles Municipal Code. Ordinance No. 3180 This Ordinance of the City of Port Angeles, Washington, amends and updates the City's development regulations to be consistent with the City's revised Comprehensive Plan by amending portions of the Zoning Code, Title 17, of the Port Angeles Municipal Code. Ordinance No. 3181 This Ordinance of the City of Port Angeles, Washington, rezones the following described property: From RS -9 (Residential, Single Family (9,000 square feet)) and RMD (Residential, Medium Density), to RS -11 (Residential, Single Family (11,000 square feet)): The subject area is bounded on the southeast by Milwaukee Drive, the 16`h Street right -of -way on the southwest, 10`h Street and the Strait of Juan de Fuca on the north, and the cemetery on the west, with the exception of the area currently zoned RTP. From IL (Industrial, Light) to PBP (Public Buildings and Parks): Parcel #0630001173000000, Lot 173 except S & E of right -of -way Recorded in Surveys Volume 56, Page 10. From CN (Commercial Neighborhood) to CSD (Community Shopping District): The area adjacent to 8th Street bounded by Laurel and Oak Streets and the 7/8 alley on the north and the 8/9 alley on the south; also the area adjacent to 8th Street bounded by Chase and Peabody Streets, and the 7/8 alley on the north and the 8/9 alley on the south; except the area currently zoned PBP and occupied by the City of Port Angeles' Community Center parking lot. 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 following the date of publication by summary. Becky J. Upton, CMC City Clerk Publish: December 12, 2004