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HomeMy WebLinkAbout3441• • ORDINANCE NO. 3 4 41 AN ORDINANCE of the City of Port Angeles, Washington, revising Chapters 5.32, 14.40, 16.04,16.08 ,16.12,17.08,17.24,17.34,17.94, and 18.04 of the Port Angeles Municipal Code relating to updating and clarifying sections of the Code. THE CITY COUNCIL OF THE CITY OF PORT ANGELES DO HEREBY ORDAIN AS FOLLOWS: Section 1. Ordinance 2050, as amended, and Chapter 5.32 of the Port Angeles Municipal Code relating to Business Licenses - Fireworks are hereby amended by amending 5.32.090 to read as follows: 5.32.090 Temporary Stand - Location - Construction. The sale of fireworks as authorized in this Chapter shall be from temporary fireworks stands only, which shall be constructed and operated in accordance with the following regulations: A. Temporary stands shall be located only in the CAD, CAD -R. CA, CSD and CBD zones as set forth in Ordinance No. 1 709 on file in the office of the City Clerk, as now existing or hereafter amended, and as shown on the Official Zoning Map of the City. Section 2. Ordinance 1588, as amended, and Chapter 14.40 of the Port Angeles Municipal Code relating to Parking are hereby amended by amending Table A as follows: PARKING REQUIREMENT TABLE "A" Medical Services Medical and dental offices Six (6) parking space per doctor. When licensed practitioners are working in the medical office along with the doctors two 2 additional arkin s aces are required for each independent practitioner /service provider. Hospitals As determined by the Planning Commission • • Section 3. Ordinance 2222, as amended, and Chapter 16.04 of the Port Angeles Municipal Code relating to short plats are hereby amended by amending 16.04.070 to read as follows: 16.04.070 Preliminary Short Plat - Design Standards. All preliminary short plats shall conform to the following design standards: A. Right -of -Way Access. 1. Each lot shall abut on a dedicated, improved and maintained City street that connects directly to an existing improved street and that meets current street improvement standards as set forth in the Comprehensive Plan, the Urban Services Ordinance, and the Urban Services Standards and Guidelines promulgated consistent with and pursuant to PAMC 18.08.040 and 18.08.130, with the following exceptions: a. Streets may be established interior to sites within the Industrial Heavy (IH) zone without dedication as a public street. In all other respects, such streets must be developed and maintained to meet current street improvement standards. A note shall be placed on the final recording mylar that such street(s) shall be maintained to the above standards by the property owner(s). b. An exception from the right-of-way access requirements in this section shall be allowed for a single residential or commercial lot within a proposed short plat, provided that the following conditions are met: I. the single lot contains an existing habitable dwelling that abuts and is accessible by emergency vehicles over an existing 20- foot -wide all - weather street that does not meet City standards, and ii. 1. all other lots in the short subdivision shall meet the right-of-way access standards of this section-.-L or ii 2. all lots abut an improved private street that is otherwise built to City access standards but may not be a dedicated street. • • Section 4. Ordinance 1631, as amended, and Chapter 16.08 of the Port Angeles Municipal Code relating to plat approvals are hereby amended by amending 16.08.050(C) and 16.08.070(B) to read as follows: 16.08.050 - Procedure. C. FINAL APPROVAL. The Final plat shall conform to the Preliminary plat as approved by the City Council. If desired by the developer, the Final plat may constitute only that portion of the approved Preliminary plat which he proposes to record and develop at the time. The Final plat shall be submitted to the Department of Community and Economic Development within five 5l years after City Council approval of the Preliminary plat. Said preliminary approval shall become void unless a Final plat is submitted and approved by the City. The developer shall submit a mylar tracing and four (4) prints of the Final plat and other required exhibits, including a filing fee, to the Department of Community and Economic Development. The amount of the fee shall be set by Ordinance of the City Council and may be amended or changed by Ordinance from time to time. Staff shall review the Final plat submittal to determine its completeness and shall determine whether the plat conforms with the approved Preliminary plat, the provisions of the Comprehensive Plan, the Zoning Code and other land use regulations, the City's Urban Services Standards and Guidelines, and these Subdivision Regulations. If the final plat submitted is determined to be complete by staff, the Community and Economic Development Department staff shall make its recommendation to the City Council. Following the a recommendation of approval of the Final plat, the Community and Economic Development Department shall obtain the signatures of the County Health Officer (when required by the Commission), City Clerk, City Manager, Fire Chief, Director of Public Works and Utilities, Community and Economic Development Director, and City Attorney on the Final tracing and shall submit the tracing of the Final plat to the City Council for approval and signature by the Mayor. . The City Council shall act upon the Final plat at a public meeting within thirty (30) days of receipt of such a plat that has been deemed complete by City staff. The thirty (30) day limit may be extended from the date of the Final plat being filed with the Community and Economic Development Department with the consent of the applicant. The developer shall have the Final plat recorded within thirty (3 0) days after the date the Final plat is approved by the City Council. Within thirty (30) days after recording, the developer shall obtain and provide to the Community and Economic Development Department a mylar or equivalent duplicate of the Final recorded plat. 3 • • 16.08.070 - Requirements for Acceptance of Plats. B. SUBDIVISION IMPROVEMENTS REQUIRED. All street and utility improvements must be designed to comply with the current APWA WSDOT standards and as specified by the City Engineer and with the Comprehensive Plan, the Urban Services Ordinance, and the Urban Services Standards and Guidelines promulgated consistent with and pursuant to PAMC 18.08.040 and 18.08.130. Plans and specifications for street and utility improvements must be approved by the City Engineer prior to the beginning of construction. Minimum improvements shall be as follows: Section 5. Ordinance 2669, as amended, and Chapter 16.12 of the Port Angeles Municipal Code relating to Boundary Line Adjustments is amended by rescinding Section 16.12.040. 16.12.040 - Sco cc. The submittal of boundary linc adjustment applications for City Section 6. Ordinance 1709, as amended, and Chapter 17.08 of the Port Angeles Municipal Code relating to Zoning definitions are hereby amended by amending 17.08.035 to read as follows: 17.08.035 - "F" D. Fence - that which is built, constructed, 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. Fences may be constructed of wood, masonry, ornamental metal, or other such materials. For the purpose of this ordinance, plant materials are not considered a fence. • • Section 7. Ordinance 2038, as amended, and Chapter 17.19 of the Port Angeles Municipal Code relating to Zoning are hereby amended by amending 17.19.140 to read as follows: 17.19.140 Final Approval of Planned Residential Development (PRD). Application for final approval of the a PRD that involves subdivision of the underlying property shall be submitted within five (5) years of preliminary PRD approval. An application for final review of a PRD that does not involve a subdivision of the underlying property shall be submitted within one ayear of the preliminary development plan approval; provided that for phased PRD's, each phase shall have an additional one W 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 1 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. Adequate assurance for 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. Adequate assurance for the retention and continued maintenance of environmentally sensitive areas and their buffers. If development is to be done in phases, each phase must meet the requirement of this Section. D. Final development plans that shall be in compliance with the approved preliminary development plans. E. The final plat, if applicable, pursuant to Chapter 58.17 RCW and Chapter 16.04 and 16.08 PAMC. F. Development schedule. G. 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. H. Covenants, conditions and restrictions and /or homeowners' association agreement Section 8. Ordinance 2303, as amended, and Chapter 17.24 of the Port Angeles Municipal Code relating to Zoning are hereby amended by amending 17.24.041 to read as follows: _5 • p<* 0,tA \c) e/ou.,0— oat' • 17.24.041 Permitted Uses. A. Retail Buildings: 1. Auto supply stores. 2. Hardware stores, paint stores, and plumbing supply stores. 3. Commercial recreation establishments, such as bowling alleys, theaters (movie and others), skating rinks, putt -putt golf courses, climbing walls, and 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 by 2350), take -out lunch stands, and taverns. Section 9. Ordinance 1709 , as amended, and Chapter 17.34 of the Port Angeles Municipal Code relating to Zoning are hereby amended by amending 17.34.020 to read as follows: 0 L L- 17.34.020 Permitted Uses. A. B. C. D. E. F. G. H 1. r K . L. M. N. O. P. Q. R. -S- -S.T T.0 U.V Automobile body, fender, laundry, paint shops and wrecking yards. Bakeries, wholesale. Battery rebuild, tire repair & recapping. Boiler works. Book, newspaper & magazine printing & publishing. Bottling plants, creameries. Cabinet and carpenter shops. City pound (animal shelter). Draying, freight & trucking yards and terminals. Dry cleaning: clothes, carpets, rugs, laundries. Night club, pool hall, dance hall, boxing arena, arcade, shooting gallery, adult entertainment business, or similar amusement enterprise. Sawmills, paper mills, pulp mills. Ship building, storage, repair, boat havens, marinas. Storage yards; building materials, tractors, trucks, boats, equipment. Transportation or freight terminal. Truck, trailer, tractor, and motorcycle, repairing, overhauling, rental, or sales. Utility buildings and structures. Small animal veterinary clinics, offices, and kennels. r re y.& L Arr► -Pet C.; ‘ i 4 y Warehousing, distributing plants. Wood products manufacture. 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. W. Shipping containers used for storage. Section 10. Ordinance 1709, as amended, and Chapter 17.94 of the Port Angeles Municipal Code relating to yards are hereby amended by amending 17.94.120 to read as follows: 17.94.120 Permitted Intrusions into Required Yards. The following intrusions may project into any required yards: A. Fireplace structures not wider than eight (8) feet measured in the general direction of the wall of which it is a part and exterior residential elevators not greater than three (3) feet in depth nor wider than eight (8) feet measured in the general direction of the wall of which it is a part. B. Unenclosed, uncovered porches, terraces, or landings, when not extending above the first floor of the building, may extend not more than six (6) feet into the front yard setback, eight (8) feet into the rear yard setback and three (3) feet into the side yard setback. Open railing or grillwork in conformance with the International Building Code may be constructed around any such porch, terrace or landing. C. Planting boxes or masonry planters not exceeding thirty (30) inches in height may extend a maximum of three (3) feet into any required front yard. D. Porches, decks, platforms, walks, driveways, etc., not more than 30 inches above grade. E. Eaves with a maximum overhang of thirty (30) inches. F. Detached accessory buildings within the rear one third of a lot are permitted not closer than three (3) feet to side nor ten (10) feet to rear property lines or alleys. Section 11. Ordinance 1709, as amended, and Chapter 17.94 of the Port Angeles Municipal Code relating to walls and fences are hereby amended by amending 17.94.120 to read as follows: 17.94.140 Walls and Fences. In all residential rcial-zones a wall or fence . shall be no taller than 4 feet within the front buildin setback area • rovided that a hei ht of 6 feet is . ermitted within the front • • setback area if the top 2 feet is constructed of material that is at least 50% open work. The fence height may be a maximum 6 feet between the front setback line and mid point of the lot. The fence height may be a maximum of 8 feet from the mid point of a lot to the rear property line, provided that the top 2 feet is constructed of a material that is at least 25% open (Note: lattice is 25% open). All vision clearance requirements per Section 17.94.090 (driveways, street and alley corners) shall be maintained. The finished side (side without the support) of a fence must face the neighboring property or street if on a corner lot. Fence post supports may contain a decorative cap that does not exceed 6 inches above the maximum fence height. Fences taller than 6 feet in height require a building permit. A maximum fence height of 6 feet is permitted in commercial zones. Barbed wire or electric fencing is allowed only above the top of fence that is solid or is chain link and is at least 6 feet tall. Section 12, Ordinance 2858 and Chapter 18.04 of the Port Angeles Municipal Code relating to the Comprehensive Plan are hereby amended by amending 18.04.040 to read as follows: 18.04.040 - Annual Amendment Cycle. All proposed amendments to the Comprehensive Plan shall be considered concurrently on an annual basis from July 1st through June 30th and shall be adopted no more than once during said period, except that amendments conforming to the GMA may also be adopted whenever an emergency exists. Amendment proposals should be submitted, public hearings will be conducted, and action shall be taken, in accordance with the following schedule: A. Comprehensive Plan amendment proposals shatrld shall be submitted no later than March 31st; B. The Washington State Department of Community, Trade and Economic Development (CTED) shall be notified of Comprehensive Plan amendment proposals no later than May 1st; C. Planning Commission hearings will be conducted prior to or during May; D. City Council hearings will be conducted prior to or during June; E. The City Council's decision shall be rendered no later than June 34th and shall be transmitted to CTED within ten days after final adoption. Section 13 - 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 14 - 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 the provisions of the Ordinance to other persons or circumstances, is not affected. Section 15 - 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 five days following the date of its publication by summary. PASSED by the City Council of the City of Port Angeles at a regular meeting of said Council held on the 15th day of November, 2011 ATTEST: ssa Hurd, City Clerk PUBLISHED: November 2 0 2011 By Summary MAYOR, DAN DiGUILIO APP OVED AS TO FORM: William E. Bloor, Ci yorney C�;il EGALIa ORDIl'iANCES& RESOLUTIONS \ORD1NANCES,201 I\27 - Misc. Code Updates .10.26.11.wpd (November 29, 2011) •