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HomeMy WebLinkAbout3343• • ORDINANCE NO.3343 AN ORDINANCE of the City of Port Angeles, Washington, revising Title 17 of the Port Angeles Municipal Code relating to Zoning. THE CITY COUNCIL OF THE CITY OF PORT ANGELES DO HEREBY ORDAIN as follows: Section 1. Ordinances 1709 and 2861, as amended, and Chapter 17.08, Rules and Definitions, of the Port Angeles Municipal Code are hereby amended by amending PAMC 17.08.010, 17.08.050, and 17.08.095 to read as follows: 17.08.010 - "A" A. Accessory Building or Use - one which is subordinate and incidental to and serves a principal building or principal use and which is located on the same zoning lot as the principal building or principal use served. 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. Affordable Housing - residential housing available for sale or rent that requires a monthly housing cost, including utilities other than telephone, of no more than thirty percent of the income of an eligible household. An eligible household is one with a total household income no greater than 80% of the Clallam County median income as reported by the Washington State Office of Financial Management. DE. Alley - a public right of way which provides service access to abutting property. BF. Amendment - a change in language of the zoning text which is an official part of these Zoning Regulations. FG. 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. • • 6H. 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. I-II. 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. IJ. Antenna support structure - any building or structure other than a tower which can be used for location of telecommunications facilities. 3K. 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. KL. Applicant - any person that applies for approval from the City. LM. 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. MN. 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. 17.08.050 - "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. B. Impervious Surface - a hard surface area that either prevents or retards the entry of water into the soil mantle as under natural conditions prior to development. A hard surface area which causes water to run off the surface in greater quantities or at an increased rate of flow from the flow present under natural conditions prior to development. 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. -2- • • 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. D. 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. E. 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. F. 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. G. Single Family Residence - one detached dwelling on an individual lot for occupancy by one family. H. Site Coverage - the amount of impervious surface on a parcel, including structures, paved driveways, sidewalks, patios, and other impervious surfaces. HI. 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. lJ. 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. �K. Street - a vehicular way that affords a primary means of access to abutting property. IEL. Street Right -of -Way Line - the boundary line between a street and abutting property. LM. 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 -3- • and is over 30 inches in height above the ground level, but not including fences or walls used as fences six feet or less in height. MN. 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. NO. Subordinate - less important than and secondary to a primary object, usually in these Zoning Regulations referring to an accessory use. 9P. 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. Section 2. Ordinance 1709, as amended, and Chapter 17.10, RS -7 Residential, Single Family, of the Port Angeles Municipal Code are hereby amended by amending PAMC 17.10.050 to read as follows: 17.10.050 Area and Dimensional Requirements. A. Permitted uses 1. Minimum +Lot aArea: 7,000 square feet. 2. Minimum +Lot wWidth: 50 feet. 3. Minimum sSetback: 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. B. 4: Maximum ILot eCoverage: 30 %, subject to paragraph D below. C. Maximum Site Coverage: 50 %, subject to paragraph D below. D. In locations where stormwater runoff from structures, paved driveways, sidewalks, patios and other surfaces is shown, by a professional engineer licensed in the state of Washington, to infiltrate on site, according to the requirements of the most recent addition of the Stormwater Mana ement Manual for Western Washin ton . ortions of the . ro'ect can be exem . t from lot and site coverage calculations. (See PAMC 17.94.135 for exemptions.) E. f Maximum Building hHeight: 30 feet. BF. Density shall not exceed one dwelling unit for every 7,000 square feet of lot area (6.22 units /gross acre), except that an "accessory residential unit" and conditionally approved duplexes shall be exempt from density limitations. -4- • • eG. 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. Section 3. Ordinance 1709, as amended, and Chapter 17.11, RS -9 Residential, Single Family, of the Port Angeles Municipal Code are hereby amended by amending PAMC 17.11.050 to read as follows: 17.11.050 Area and Dimensional Requirements. A. Permitted Uses 1. Minimum /Lot aArea: 9,000 square feet. 2. Minimum +Lot wWidth: 75 feet. 3. Minimum sSetback: 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. B. 4- Maximum /Lot eCoverage: 30 %, subject to paragraph D below. C. Maximum Site Coverage: 50 %, subject to paragraph D below. D. In locations where stormwater runoff from structures, paved driveways, sidewalks, patios and other surfaces is shown, by a professional engineer licensed in the state of Washington, to infiltrate on site, according to the requirements of the most recent addition of the Stormwater Management Manual for Western Washington, portions of the project can be exempt from lot and site coverage calculations. (See PAMC 17.94.135 for exemptions.) E. 5- Maximum Building hHeight: 30 feet. BF. Density shall not exceed one dwelling unit for every 9,000 square feet of lot area (4.84 units /gross acre) except that an "accessory residential unit" and conditionally approved duplexes shall be exempt from density limitations. eG. 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. -5- • • Section 4. Ordinance 3180, as amended, and Chapter 17.12, RS -11 Residential, Single Family, of the Port Angeles Municipal Code are hereby amended by amending PAMC 17.12.050 to read as follows: 17.12.050 Area and Dimensional A. Permitted Uses 1. Minimum iLot aArea: 2. Minimum }Lot wWidth: 3. Minimum sSetback: Front Rear Requirements. Side, interior Side, abutting a street 11,000 square feet. 75 feet. 25 feet; 25 feet, except 10 feet for detached accessory buildings in the rear one -third of the lot; 8 feet, except 3 feet for detached accessory buildings in the rear one -third of the lot; 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. B. Maximum }Lot cCoverage: 30 %, subject to paragraph D below. C. Maximum Site Coverage: 50 %, subject to paragraph D below. D. In locations where stormwater runoff from structures, paved driveways, sidewalks, patios and other surfaces is shown, by a professional engineer licensed in the state of Washington, to infiltrate on site, according to the requirements of the most recent addition of the Stormwater Management Manual for Western Washington, portions of the project can be exempt from lot and site coverage calculations. (See PAMC 17.94.135 for exemptions.) E. 2- Maximum hHeight: 30 feet. BF. 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. eG. 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. Section 5. Ordinance 2517, as amended, and Chapter 17.14, RMD - Residential, Medium Density, of the Port Angeles Municipal Code are hereby amended by amending PAMC 17.14.040 to read as follows: -6- • • 17.14.040 Area and Dimensional Requirements. A. Minimum +Lot aArea shall be 7,000 square feet. B. Density shall not exceed two dwelling units for the first 7,000 square feet of lot area, plus one unit for each additional 3,500 square feet of lot area. (Maximum 12.44 units /acre) C. Minimum Setback: -- 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 eCoverage: 30%40 %, subject to paragraph F below. E. Maximum Site Coverage: 70 %, subject to paragraph F below. F. Exceptions to maximum lot and site coverage: 1. An additional 10% coverage that enables development to achieve the allowed maximum density of the RMD zone per 17.14.050.B; or 2. An additional 10% coverage for development that is reserved as affordable housing. All applicants seeking bonus impervious surface for inclusion of affordable housing shall provide a mechanism to ensure that affordable housing remains affordable for the life of the project. Such mechanism shall be approved by the City Attorney in conjunction with the Department of Community and Economic Development, and shall be recorded on the land title; in addition: 3. In locations where stormwater runoff from structures, paved driveways, sidewalks, patios and other surfaces is shown, by a professional engineer licensed in the state of Washington, to infiltrate on site, according to the requirements of the most recent addition of the Stormwater Management Manual for Western Washington, portions of the project can be exempt from lot and site coverage calculations. (See PAMC 17.94.135 for exemptions.) EG. Maximum Building hHeight: 35 feet. Section 6. Ordinance 1709, as amended, and Chapter 17.15, RHD - Residential, High Density, of the Port Angeles Municipal Code are hereby amended by amending PAMC 17.15.050 to read as follows: 17.15.050 Area and Dimensional Requirements. A. Minimum Lot Area - 7,000 square feet. -7- • • 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 Setback: -h—Front: 25 feet from front lot line. 27–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% 45 %, subject to paragraph F below. E. Maximum Site Coverage - 75 %, subject to paragraph F below. F. Exceptions to maximum lot and site coverage: 1. An additional 10% coverage that enables development to achieve the allowed maximum density of the RHD zone per 17.15.050.B; or 2. An additional 10% coverage for development that is reserved as affordable housing. All applicants seeking bonus impervious surface for inclusion of affordable housing shall provide a mechanism to ensure that affordable housing remains affordable for the life of the project. Such mechanism shall be approved by the City Attorney in conjunction with the Department of Community and Economic Development, and shall be recorded on the land title; in addition: 3. In locations where stormwater runoff from structures, paved driveways, sidewalks, patios and other surfaces is shown, by a professional engineer licensed in the state of Washington, to infiltrate on site, according to the requirements of the most recent addition of the Stormwater Management Manual for Western Washington, portions of the project can be exempt from lot and site coverage calculations. (See PAMC 17.94.135 for exemptions.) E. Maximum Building Height - 35 feet. Section 7. Ordinance 2109, as amended, and Chapter 17.20, CO - Commercial, Office, of the Port Angeles Municipal Code are hereby amended by amending PAMC 17.20.200 to read as follows: 17.20.200 Area and Dimensional Requirements. A. Minimum Lot Area 7,000 square feet. B. Minimum Lot Width 50 feet. C. Minimum Setbacks for non - residential use: -8- • • 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 %, subject to paragraph F below. E. Maximum Site Coverage - 75 %, subject to paragraph F below. F. In locations where stormwater runoff from structures, paved driveways, sidewalks, patios and other surfaces is shown, by a professional engineer licensed in the state of Washington, to infiltrate on site, according to the requirements of the most recent addition of the Stormwater Management Manual for Western Washington, portions of the project can be exempt from lot and site coverage calculations. (See PAMC 17.94.135 for exemptions.) EG. Maximum Building Height = 30 feet. Section 8. Ordinance 2797, as amended, and Chapter 17.21, CN - Commercial, Neighborhood, of the Port Angeles Municipal Code are hereby amended by amending PAMC 17.21.200 to read as follows: 17.21.200 Area and Dimensional Requirements. A. Minimum Lot Area: 7,000 square feet. Residential uses on the first floor shall comply with RHD rear setback requirements. B. Minimum Lot Width: 50 feet. C. Minimum Setback: No structure shall be built within 15 feet of an alley or any property that has a residential zoning classification. D. Maximum Lot Coverage: 50 %, subject to paragraph F below. E. Maximum Site Coverage: 80 %, subject to paragraph F below. F. In locations where stormwater runoff from structures, paved driveways, sidewalks., patios and other surfaces is shown, by a professional engineer licensed in the state of Washington, to infiltrate on site, according to the requirements of the most recent addition of the Stormwater Mana ement Manual for Western Washin ton . ortions of the . ro ect can be exem . t from lot and site coverage calculations. (See PAMC 17.94.135 for exemptions.) EG. Maximum Building Height: 30 feet. Section 9. Ordinance 1709, as amended, and Chapter 17.94, General Provisions, Conditions, and Exceptions, of the Port Angeles Municipal Code are hereby amended by (1) amending PAMC 17.94.130, and (2) adding PAMC 17.94.135 to read as follows: -9- • • 17.94.130 Lot Coverage Exemptions. The following shall be exempt from the maximum lot coverage requirements of any zone: A. Sidewalks, driveways, and uncovered off - street parking spaces. B. The first thirty (30) inches of eaves. C. Uncovered swimming pools and hot tubs. D. Uncovered, unenclosed decks and platforms not more than thirty (30) inches above grade. E. Systems that allow the infiltration of stormwater into the underlying soils are not counted against lot coverage calculations. 1. On -site infiltration methods shall be evaluated individually by the Public Works and Utilities Department for effectiveness of reducing impact from stormwater. Applicants applying this exemption will be required to provide an Operations and Maintenance plan for approval. 2. All applicants seeking exemptions under this subsection are required to provide documentation from a certified engineer demonstrating the appropriateness of site conditions for use of pervious systems and participate in a pre - application project review meeting with City staff. 17.94.135 Site Coverage Exemptions. The following shall be exempt from the maximum site coverage requirements of any zone: A. Systems that allow the infiltration of stormwater into the underlying soils are not counted against site coverage calculations. On -site infiltration methods shall be evaluated individually by the Public Works and Utilities Department for effectiveness of reducing impacts from stormwater. Applicants applying this exemptions will be required to provide an Operations and Maintenance plan for approval. B. All applicants seeking exemptions under this subsection are required to provide documentation from a certified engineer demonstrating the appropriateness of site conditions for use of pervious systems and participate in a pre- application project review meeting with City staff. Section 10 - 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 11- Severability. If any provisions of this Ordinance, or its application to any person or circumstances, are held invalid, the remainder of the Ordinance, or application of -10- r • the provisions of the Ordinance to other persons or circumstances, is not affected. Section 12 - Effective Date. This Ordinance, being an exercise of a power specifically delegated to the City legislative body, is not subject to referendum. This ordinance shall take effect January 1, 2009. PASSED by the City Council of the City of Port Angeles at a regular meeting of said Council held on the 7th day of October, 2008. ATTEST: PUBLISHED: October 12 , 2008 By Summary APPROVED AS TO FORM7 William E. Bloor, City Attorney G:\Legal_ Backup\ ORDINANCES &RESOLUTIONS \ORDINANCES.2008\34 - Chapter 17 PAMC Zoning 090808.wpd Summary of an Ordinance Adopted by the Port Angeles City Council on October 7, 2008 Ordinance No. 3343 AN ORDINANCE of the City of Port Angeles, Washington, revising Title 17 of the Port Angeles Municipal Code . This Ordinance shall take effect January 1, 2009. The full text of the Ordinance is available at City Hall in the City Clerk's office or will be mailed upon request. Office hours are Monday through Friday from 8:00 a.m. to 5:00 p.m. As stated above, this Ordinance shall take effect as of January 1, 2009. Becky J. Upton, CMC City Clerk Publish: October 12, 2008