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HomeMy WebLinkAbout3478• ORDINANCE NO. 3478 AN ORDINANCE of the City of Port Angeles, Washington making changes to Chapters 8.30, 11.08, 13.32, 14.36, 14.40, 16.04, 17.08 and 17.11, of the Port Angeles Municipal Code relating to Land Use. THE CITY COUNCIL OF THE CITY OF PORT ANGELES DO HEREBY ORDAIN AS FOLLOWS: Section 1. Ordinance 3229 and Chapter 8.30 of the Port Angeles Municipal Code relating to health and sanitation violations are hereby amended by amending Section 8.30.060 to read as follows: 8.30.060 — Parking of vehicles on residential property. The primary function of yards on residential lots is to provide access to light and air and to provide circulation, recreation, and landscaping. It is the intent of this section to establish standards by which parking vehicles on residential lots is allowable. The parking or storage of vehicles on residential lots in violation of the following standards shall be considered a nuisance, and subject to penalties in accordance with this chapter. Intact, operable, and appropriately licensed vehicles may be parked or stored outside an approved structure subject to the following conditions: A. Side yard and rear yard. Parking of vehicles on residential lots in the side and rear yard areas shall be limited to those lots which have legal access from the adjacent street or alley. Parking in side and rear yard areas combined shall be limited to up to four vehicles or to no more than 40 percent of the combined side and rear yard area, whichever is less. In addition, vehicles may be parked in a side or rear yard only if the following conditions are met: 1. All vehicles parked in a side yard must have a minimum of three (3) feet of unobstructed space between the vehicle and the any structure, and have a minimum of five (5) feet vehicle -clear space on of from the side property lines. 2. No more than four (4) vehicles of any kind may be parked in a back yard. 3. All vehicles parked in a side or back are on an improved or maintained surface. • 1 • • Section 2. Ordinance 2166 and Chapter 11.08 of the Port Angeles Municipal Code relating to streets and sidewalks are hereby amended by amending Sections 11.08.240 to read as follows: 11.08.240 — Protective measures, barriers, and lights required. A. The permittee shall erect such fence, railing or barriers about the site of the excavation work and shall prevent danger to persons using the City streets or sidewalks, and such protective barriers shall be maintained until the work shall be completed or the danger removed. At twilight, One half hour before sunset, there shall be placed upon such place of excavation, excavated materials, and upon the protective barriers, suitable and sufficient lights which shall be kept burning throughout the night during the maintenance of such obstructions. Section 3. Ordinance 2181 and Chapter 13.32 of the Port Angeles Municipal Code relating to new residential service connection fees are hereby amended by amending Section 13.32.040 to read as follows: 13.32.040 — New residential service connection fee. A. The fee for new residential water service connections, including the meter, shall be as set forth in Chapter 3.70 PAMC. B. Whenever residential water service connections are to be installed by the Department at the same time a water main is being installed, the fee for new connections may be reduced by ten percent for each such connection, when ten or more adjacent connections are installed simultaneously. All excavations of trench, exposure of the main and trench backfill shall be provided by the application applicant's designated representative. C. This fee shall cover the cost of tapping the City's water main for the necessary size of service, installing the copper tubing, type "K" or 200 p.s.i. PVC or P.E. necessary to reach to within two feet of the property line, to a maximum distance of 60 feet, and provide and install 2 • • a yoke, shut -off, meter and meter box. For any additional extra length of service pipe beyond 60 feet, the customer shall be billed for the additional cost plus administrative overhead. Section 4. Ordinance 3126 and Chapter 14.36 of the Port Angeles Municipal Code relating to the Sign Code are hereby amended by amending Chapter 14.36.095 to read as follows: 14.36.095 — Maintenance. A. Signs shall be maintained to protect the public safety, present a well kept appearance, and prevent deterioration, such that the sign is maintained in its original condition. B. A permit shall be required for structural and electrical modification, but not normal repair and maintenance. C. The Building Division shall notify the business owner and the sign owner or lessee and the owner of the property of each sign that is not maintained per subsection A. D. Any sign which is not properly maintained may be subject to abatement as a nuisance_ per the Uniform Sign Cods Section 5. Ordinance 1588 and Chapter 14.40 of the Port Angeles Municipal Code relating to Off Street Parking are hereby amended by amending Chapter 14.40.090 to read as follows: 14.40.090 — Parking space requirement modification — New uses in existing structures. A change of use in a building or structure that exists as of April 25, 2004, that does not change these classification of the existing building or structure may occur without provision of additional off- street parking spaces unless the floor area of the building or structure is increased. Section 6. Ordinance 2222 and Chapter 16.04 of the Port Angeles Municipal Code relating to short subdivision are hereby amended by amending Chapter 16.04.140 to read as follows: 16.04.140 — Final short plat — Improvements — Required. The following minimum improvements shall be made or installed for each lot created by the short subdivision, before final short plat approval: 3 • • A. Watermains and other appurtenances necessary to provide adequate potable water supply and fire protection 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 B. Sanitary sewer or approved septic tank and drain field site; C. Power, telephone, and all other necessary utilities. D. Appropriate dedications or easements if required; E. Minimum street improvement cross - section standard as set forth in the Comprehensive Plan, the Urban Services Ordinance, and the Urban Services Standards and Guidelines: 1. Improvements to local access streets: a. In the RS -9 and RS -11 zones, local access streets that front or will provide access from the nearest fully improved City street to newly created lots shall be improved to a minimum of 20 -foot wide asphaltic concrete street with no on- street parking, drainage swales (ditches) as needed, and one . . - . - four -foot wide path cement concrete sidewalk (eight -foot wide path when an adopted bicycle route) for pedestrian traffic, which path shall be separated from the street by a ditch. All dead -end City streets in excess of 150 feet in length shall be asphaltic concrete paved and provided with a turn- around consistent with the Urban Services Ordinance, the Urban Services Standards and Guidelines, and the International* Fire Code. * "Uniform Fire Code" updated to "International Fire Code" b. In the RS -7 zone, local access streets that front or will provide access from the nearest fully improved City street to newly created lots shall be improved to a minimum of 20 -foot wide asphaltic concrete street with one three -foot wide shoulder, and one six -foot wide shoulder for pedestrian traffic. All dead -end City streets in excess of 150 feet in length shall be asphaltic concrete paved and provided with a turn- around consistent with the Urban Services Ordinance, the Urban Services Standards and Guidelines, and the International* Fire Code. * "Uniform Fire Code" updated to "International Fire Code" 2. Improvements to arterial streets: a. In the RS -9 and RS -11 zones, arterial streets that front or will provide access to the lots or parcels being developed shall be improved to the minimum of 24- foot wide asphaltic concrete street with no on- street parking, drainage swales (ditches) as needed, and one all weather surface four -foot wide path cement concrete sidewalk or other acceptable hard surface (eight -foot wide path surface when on an adopted bicycle route) for pedestrian traffic, which path shall be separated from the street by a ditch. 4 • • b. In the RS -7 zone, arterial streets that front or will provide access to the lots or parcels being developed shall be improved to the minimum City arterial street improvement standards. 3. EXCEPTION: The Public Works and Utilities Department shall require the minimum standard to be increased to match the immediately adjoining City street when the immediately adjoining City street is more fully developed than the minimum standard. This exception shall not apply to short plats when the City finds that there will be an economic and physical hardship in relocating public utilities and there will be no increase in the number of lots within a subject short plat. F. Drainage ditches and /or culverts shall be provided to address existing and anticipated storm water run -off occurring on the site and /or within the City rights -of -way and easements as set forth in the Urban Services Ordinance and Clearing and Grading Ordinance development standards. G. The subdivider shall provide a street profile acceptable to the Public Works and Utilities Department for the local access streets if the final street grade has not been previously established or accepted by the City. H. The subdivider shall execute an L.I.D. consent and non - protest agreement or other agreement acceptable to the City for street and utilities improvements on the local access streets whenever required improvements are less than the City's full development 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 I. The subdivider shall provide all other public improvements as may be required and 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 J. When commercially zoned property is being short platted without any increase in the number of lots, the minimum improvements required by this section may be made or installed after short plat approval without the necessity of being bonded, provided that the final short plat shall be conditioned to provide that such improvements shall be made or installed as part of the building permit process, that vertical construction of the building shall not begin unless or until the International* Fire Code's fire hydrant requirement has been met, and that the property or development shall not be occupied until such improvements have been completed, provided further that said construction shall be noted on the final plat. K. Sidewalks and other planning features that assure safe walking conditions for students who only walk to and from school shall be provided pursuant to RCW 58.17.060 and RCW 58.17.110. 5 • • Section 7. Ordinance 1709 and Chapter 17.08 of the Port Angeles Municipal Code relating to zoning are hereby amended by amending Chapter 17.08.010 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 a habitable unit added created within, or detached from a primary single- family residential dwelling that provides basic requirements for living, sleeping, eating, cooking, and sanitation as outlined by the International Residential Building Code. An accessory residential unit LARU) is incidental to a detached primary single family residence, is subordinate in space (i.e., 50 percent or less space than the primary 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 but not more than six 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 30 percent of the income of an eligible household. An eligible household is one with a total household income no greater than 80 percent of the Clallam County median income as reported by the Washington State Office of Financial Management. E. Alley. A public right -of -way which provides service access to abutting property. F. Amendment. A change in language of the zoning text which is an official part of these Zoning Regulations. G. 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. H. 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. 6 • • I. 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. J. Antenna support structure. Any building or structure other than a tower which can be used for location of telecommunications facilities. K. 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. L. Applicant. Any person that applies for approval from the City. M. 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. N. 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. Section 8. Ordinance 1709 and Chapter 17.11 of the Port Angeles Municipal Code relating to zoning are hereby amended by amending Chapter 17.11.040 to read as follows: 17.11.040 - 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 on lots greater than 14,000 square feet in area. 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. 7 • • 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 Section 9- 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 10 - 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 11- 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 (5) days after passage and publication of an approved summary thereof consisting of the title. PASSED by the City Council of the City of Port Angeles at a regular meeting of said Council held on the 21 sr day of May2013. fil_LO CHERIE KIDD, M yor AP ROVED AS TO F William E. Bloor, City Attorney ATTEST: essa Hurd, C. BLISHED: G \LEGAL \a ORDINANCES &RESOLUTIONS \ORDINANCES 2013 \01 - PAMC Land Use Amendments 05 02 13 docx 8 Summary of Ordinances Adopted by the Port Angeles City Council On May 21, 2013 Ordinance No. 3478 This Ordinance of the City of Port Angeles, Washington, makes changes to Chapters 8.30, 11.08, 13.32, 14.36, 14.40, 16.04, 17.08 and 17.11 of the Port Angeles Municipal Code relating to Land Use. Ordinance No. 3479 This Ordinance of the City of Port Angeles, Washington, making changes to Chapter 15.80 of the Port Angeles Municipal Code relating to environment definitions. The full texts of the Ordinances are available at City Hall in the City Clerk's office, on the City's website at www.cityofpa.us, or will be mailed upon request. Office hours are Monday through Thursday, 8:30 a.m. to 4:00 p.m., and Friday 8:30 a.m. to 12:30 p.m. These Ordinances shall take effect five days following the date of publication by summary. Janessa Hurd City Clerk Publish: May 26, 2013