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HomeMy WebLinkAbout3517 ORDINANCE NO. AN ORDINANCE of the City of Port Angeles, Washington making changes to Title 17, Chapters 17.01, 17.08, 17.11, 17.18, 17.19, 17.31, 17.44, 17.45, 17.52, and 17.95, 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. Ordinance 1709, as amended, and Chapter 17.01 of the Port Angeles Municipal Code relating to zoning are hereby amended by amending Section 17.01.020 (J) to read as follows: 17.01.020 Purposes of zones. J. CSD Zone. This is a commercial zone efiented N fily t^ these busitiess the daily needs ef the surreunding resideflfial that is slightly less restrictive than the CN zone. 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 lesser- r°s-trieti^fis Businesses in this zone may occur on sites of varying sizes and shall be located on arterial streets of sufficient size and design standards to accommodate greater automobile and truck traffic. Commercial uses that are largely devoid of any impacts detrimental to the environment are allowed. Serviee statiens with petfale m „^duets are efrnitted uses. This zone provides the basie urban land use peAtern for large let, eemmefeial mueh of the ity with direet aeeess on an at4efial street and design standards fet: greatef atitemebile and trtiek (Ord. 3180 § 1 (part), 12/17/2004; Ord. 3123 § 1 (part), 10/11/2002; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2797 § 2, 2/11/1994, Ord. 2715 § 1, 10/16/1992; Ord. 2668 § i (part), 1/17/1992; Ord. 1709 § I (part), 12/22/1970) 1 Section 2. Ordinance 2652 and 1709, as amended, and Chapter 17.08 of the Port Angeles Municipal Code relating to zoning are hereby amended by amending Section 17.08 to read as follows: 17.08.010"A" 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 W but not more than six 6M 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 ^nd Chapter 70.128 RCW and Chanter 388.76 WAC (Adult Family Home regulations). (Ord.2948 § 5(part),2/14/1997; Ord.2861 § 1 (part),3/17/1995;Ord.2652§ 1 (part),9/27/1991) N. Assisted living facility of beafdiag hoffle. ^ ~°-;-leatial f4eili y Any home or other institution that provides housing, basic services, and assumes general responsibility for the safety and well being of the residents (for seven (7) or more residents) and may also provide domiciliary care consistent with Chapter 142, laws of 2004 I State as a "bear-ding em » nt to Chapter 18.20 RGW in Chapter 18.20.020 RCW. (Ord. 3089 § 2 (part), 6/29/2001; Ord. 3053 § 1 (part), 6/16/2000; Ord. 2948 § 5 (part), 2/14/1997; Ord.2861 § 1 (part), 3/17/1995;Ord. 2652§ 1 (part),9/27/1991;Ord. 1709§ 1 (part), 12/22/1970) 17.08.015 "B." A. Bed and breakfast is a single family residence located in a residential zone that contains one kitchen and shared dining area that provides lodging for guests and travelers for a period of up to 30 days serving primarily breakfast to people registered to use the facility for lodging or special events Bed and breakfasts are outright permitted uses in 2 all commercial zones, residential high density, and residential medium density zones but are a conditional use in residential single family zones. AB. Breezeway a roofed open-sided passageway connecting two buildings. (Ord. 3390 § 1, 1/30/2010) 14C. Building, accessory. (See "accessory building or use"). (Ord. 3126 § 2 (part), 11/15/2002; Ord. 2652 § 1 (part), 9/27/1991; Ord. 1709 § 1 (part), 12/22/1970) ED. 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. (Ord. 3126 § 2 (part), 11/15/2002; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2652_§ 1 (part), 9/27/1991;Ord. 1709§ 1 (part), 12/22/1970) DE. 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. (Ord. 3272,2/16/2007; Ord.2861 § 1 (part),3/17/1995; Ord. 2652 § 1 (part), 9/27/1991;Ord. 1709 § 1 (part), 12/22/1970) EF. Building, residential. A building arranged, designed, used, or intended to be used for residential occupancy by one or more families or lodgers. (Ord. 3272,2/16/2007;Ord.2861 § 1 (part),3/17/1995; Ord. 2652 § 1 (part), 9/27/1991;Ord. 1709_§ 1 (part), 12/22/1970) EG. 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. (Ord. 3272,2/16/2007; Ord.2861 § 1 (part), 3/17/1995; Ord. 2652 § 1 (part), 9/27/1991;Ord. 1709§ 1 (part), 12/22/1970) GH. Business parking lot and/or structures. A commercial off-street parking lot or structure used exclusively for parking and/or storage of vehicles. (Ord.3272,2/16/2007;Ord.2652 § 1 (part),9/27/1991;Ord. 1709 § 1 (part), 12/22/1970) 17.08.020 "C" G. Conditional use permit_a A limited permission to locate a particular use at a Olaf s location, affd which limited permission is required to modify the controls stipulated by these regulations -i-n to 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. (Ord. 3180 § I (part), 12/17/2004; Ord. 2652 § 1 (part), 9/27/1991; Ord. 1709 § i (part), 12/22/1970) 17.08.070(B) 3 B. Marina A system of biers, buoys, or floats that provide a centralized site for extended moorage for more than four (4) vessels for a period of 48 hours or longer. For regulatory purposes yacht club facilities and camp or resort moorage areas would also be reviewed as marinas Boat launch facilities and the sales of supplies and services for small commercial and/or pleasure craft users may be associated with marinas. Where such amenities are included the marina is considered a multi-use marina. BC. Massage_ 1= 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. (Ord. 3180§ 1(part), 12/17/2004) ED. Massage parlor: a 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. (Ord.3180 § 1(part), 12/17/2004) DE. Medical/dental building_ a 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. (Ord. 3180 § 1(part), 12/17/2004); Ord. 2861 § 1 (part), 3/17/1995; Ord.2796 § 3,2/11/1994; Ord.2652 § 1 (part),9/27/1991;Ord. 1709§ 1 (part), 12/22/1970) BF. Mobile home,_ (See the definition for trailer, house). (Ord.3180 § 1(part), 12/17/2004;Ord.2861 § 1 (part),3/17/1995) FG. Motel. a 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. (Ord. 3180 § 1(part), 12/17/2004; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2796 § 3, 2/11/1994; Ord.2652 § 1 (part),9/27/1991;Ord. 1709§ 1 (part), 12/22/1970) CH. Motor freight terminal_ a 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. (Ord. 3180 § 1(part), 12/17/2004; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2796 § 3, 2/11/1994; Ord. 2652 § 1 (part),9/27/1991;Ord. 1709 § 1 (part), 12/22/1970) 17.08.075 "N." G. Nursing home or convalescent home_ a residential f4eility that prey` es eenvaleseent and/of ehrenie eare to three or more patients not related to the operator and whe 4 i by reasen of illness or infirmity at:e not able to properly eare for- themselves and that is . Any home or residential facility licensed per 18.51 RCW that operates or maintains facilities providing convalescent or chronic care for a period in excess of 24 consecutive hours for 3 or more patients not related by blood or marriage to the operator, who by reason of illness or infirmity, are unable to properly care for themselves Nothing in this definition shall be construed to include any "assisted living facility". (Ord. 3180§ 1 (part), 1211712004; Or•d. 2948§5 (part), 211411997; Ord. 2861§I (part), 311711995; Ord. 2796§4, 211111994; Ord. 2652§I (part), 9/27/1991; Ord. 1709§1 (part), 1212211970) 17.08.090 "R." F. Residential eare f4eility a residential faeility that pfevides eare for at least five but not more than 15 people with ftinetional disabilities and is as defined in RGAI 70.128.175 and as required to be lieensed by the State as a "Bearding Heme" pursuant to Chaptef 18.20 RCW. 24 497;OFd.2652 § 1 (pat4)>9/27499 1) C F. Restoration. t The act of putting back or bringing back into a former or original state. (Ord. 3180 § 1 (part), 12/17/2004;Ord. 3009§ 3 (part),2/12/1999) 14 G. Right-of-way_ 1 Land acquired or dedicated for purposes of a street, highway, sidewalk, alley, avenue, other structure used for pedestrian or vehicular traffic, or easement or any combination of such uses for which the City has regulatory authority. (Ord.3272,2/16/2007) T.H. Roof__-a A structure covering any portion of a building or structure, including the projections beyond the walls or supports. (Ord. 3180 § 1 (part), 12/17/2004; Ord. 3009 § 3 (part), 2/12/1999; Ord. 2948 § 5 (part), 2/14/1997; Ord.2652 § 1 (part),9/27/1991;Ord. 1709 § I (part), 12/22/1970) Section 3. Ordinance 1709, as amended, and Chapter 17.11 of the Port Angeles Municipal Code relating to zoning are hereby amended by amending Section 17.11 to read as follows: 17.11.030 Accessory uses. A. Garages and carports. B. Non-commercial gFreenhouses, gazebos, storage sheds, and similar accessory structures. C. Non-commercial animal husbandry provided that: 5 i 1. Hoofed animals are housed no closer that 100 feet from any property line. 2. A minimum of one acre per hoofed animal is maintained. 3. A minimum five-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 one acre per horse is maintained. 3. A minimum five-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 Director of Community and Economic Development to be compatible with the intent of this chapter. (Ord. 3053 § 2 6/16/2000; Ord. 2921 § 4, 6/28/1996; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2385 § 2 (part),3/28/1986;Ord. 1709§ 1 (part), 12/22/1970) 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 not less than 14,000 square feet in area aer Table A. 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 , e f eili es Q. Other uses compatible with the intent of this chapter. (Ord. No. 3478, § 8, 5-21-2013; Ord. 2948 § 5 (part), 2/14/1997; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2652 § 5, 9/27/1991; Ord. 2636 § 3, 5/15/1991; Ord. 2385 § 2 (part), 3/28/1986; Ord. 1709 § 1 (part), 12/22/1970) 6 i Section 4. Ordinance 2038, as amended, and Chapter 17.19 of the Port Angeles Municipal Code relating to zoning are hereby amended by amending Section 17.19.140 to read as follows: 17.19.140 Final approval of Planned Residential Development(PRD). Application for final approval of a PRD that involves subdivision of the underlying property shall be submitted within five 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 two 2 years of the preliminary development plan approval; provided that for phased PRD'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: 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 PANIC. F. Development schedule. G. Bond or other form of security acceptable to the City in a sufficient j amount to complete the project or submitted phase, as determined by the City. H. Covenants, conditions and restrictions and/or homeowners' association agreement. (Ord.No. 3441, § 7, 11-15-2011; Ord. 3272,2/16/2007; Ord. 2919,6/14/1996; Ord.2861 § 1 (part), 3/17/1995;Ord.2657§ 1 (part), 12/13/1991;Ord.2038 § 1 (part),7/29/1979) Section 5. Ordinance 3180, as amended, and Chapter 17.31 of the Port Angeles Municipal Code relating to zoning are hereby amended by amending Section 17.31.180 to read as follows: 7 i i 17.31.180 Final approval of planned industrial development. Application for final approval of a the PID shall be submitted within ene two 2 years of the preliminary development plan approval; 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 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 PID is developed. B. Guarantee ensuring the retention and continued maintenance of common open space, recreation facilities, environmentally sensitive areas, stormwater management structures and 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, that 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 PANIC E. Development schedule for future phases. 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. (Ord.3272,2/16/2007;Ord.3180 § 1 (part), 12/17/2004) Section 6. Ordinance 3293, as amended, and Chapter 17.44 of the Port Angeles Municipal Code relating to zoning are hereby amended by amending Section 17.44.240 to read as follows: 17.44.240 Final approval of PLID. Application for final approval of a toe PLID shall be submitted to City Council within et3e two 2 years of the preliminary development plan approval; provided that for phased PLID'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 D or more one- 1W 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. The application for final approval must be made by the owners of the entire site and shall include the following: A. A title report showing record ownership of the parcel or parcels upon which the PLID is to be developed. 8 I B. Adequate assurance for the retention and continued maintenance of stormwater management facilities, common open space, recreation facilities, and recreation structures. If development is to be done in phases, each phase must meet this requirement. 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 this requirement. 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 16.08 PANIC. F. Development schedule. G. If bonding is proposed, the bond or other form of security acceptable to the City in an amount equal to 150 percent of the approved engineering estimate for the required improvements to complete the project or submitted phase, as required by the City. H. Covenants, conditions and restrictions and/or homeowners' association agreement. I. Mailing labels of property owners within 300 feet of the proposed project pursuant to section 17.96.140 PANIC. (Ord. 3293, 8/31/2007) Section 7. Ordinance 3294, as amended, and Chapter 17.45 of the Port Angeles Municipal Code relating to zoning are hereby amended by amending Section 17.45.140 to read as follows: 17.45.140 Final approval of Infill Overlay Zone (IOZ). Application for final approval of the IOZ shall be submitted to City Council within ene two 2Q years of the preliminary development plan approval; provided that for phased IOZ'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 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 IOZ is to be developed. B. Adequate assurance for the retention and continued maintenance of common open space, and onsite facilities. If development is to be done in phases, each phase must be identified and meet the requirements of this section. 9 i i 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 PANIC. F. Development and phasing 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 3089, as amended, and Chapter 17.52 of the Port Angeles Municipal Code relating to zoning are hereby amended by amending Section 17.52 to read as follows: 17.52.070 Modification of existing towers. A. A tower existing prior to the effective date of this ordinance, which was in compliance with the City's zoning regulations immediately prior to the effective date of this ordinance, may continue in existence as a nonconforming structure. Such nonconforming structures may be modified er- aemol-ished and rebuimoo ' eeffiplying with any of the additional requirements ef this ehaptef, exeept f6r seetiens 17.52.040, 1 52 07c „H a 1 52 090 PAW, provided that: 1. The tower is being modified of demolished and r-ebuiR for the sole purpose of accommodating, within six (6) months of the completion of the modification ems, additional telecommunications facilities comparable in size to the discrete operating telecommunications facilities of any person currently installed on the tower and with a surface area not to exceed the previous facilities . 2. An application for a development permit is made to the Department of Community and Economic Development which shall have the authority to issue a development permit without further approval. The grant of a development permit pursuant to this section allowing the modification or demolition and rebuild of an existing nonconforming tower shall not be considered a determination that the modified or demolished and rebuilt tower is conforming. 3. The height of the modified ef rebuilt tower and telecommunications facilities attached thereto does not exceed the existing height of the tower and facilities as of the date of this ordinance or as hereafter amended, whichever is higher. 10 B. Except as provided in this section, a nonconforming structure or use may not be enlarged, increased in size, or discontinued in use for a period of more than 180 days without being brought into compliance with this chapter. This chapter shall not be interpreted to legalize any structure or use existing at the time this ordinance is adopted which structure or use is in violation of the Zoning Code prior to enactment of this ordinance. (Ord. 3089§ 1 (part),6/29/2001) Section 9. Ordinance 1709, as amended, and Chapter 17.95 of the Port Angeles Municipal Code relating to zoning are hereby amended by amending Section 17.95.040 to read as follows: 17.95.040 Yards to be enclosed within a solid fence. A. Every wrecking, salvage, junk, used lumber yards, equipment and material storage yards, ^ etion heuses, or seeend hand stores th , after the f'r ti date of these . ulati ns exists as a n f,..,. ing use shall in the interest ef publie safety, V1th 11 six-months-after the same be of r-mi g , be completely enclosed within a building or within a continuous solid fence no less than six feet in height or to a greater height if such height is needed to screen completely all the operations of such yards. The plans a said-building-er fenee shall have first been approved by the Planning Commission, and said building or fenee shall be maintained infail ,1f,.mity with ^ nditiens ^ttaehe � to ^ eh ° ^l ILlli VV111Vllllll'' VV 1111 CGlly VVl[L./ILI VII . G. Neise abatement is to be etifefeed ffeffl 6:00 p.m. te 7.00 a.ffi. Bur-ning e items en th- F-111111 is pr-ehibited. DB. ^•i^ti°fi houses and s Salvage and building material lumber- and used pat4s establishments shall contain all items for display or sale within a structure or behind a sight-obscuring fence not less than six (6 feet in height. No part of any required front, side or rear yard setbacks shall be used for the sale or display of any said items. (Ord. 3272,2/16/2007;Ord.2668 § 11 (part), 1/17/1992; Ord. 1709 § 1 (part), 12/22/1970) 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/subsectionnumbers and any references thereto. 11 i Section 11 - Severability. If any provisions of this Ordinance, or its application to anyperson or circumstances, are held invalid, the remainder of the Ordinance, or application of theprovisions 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 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 1 A day of October,2014. Dan Di Guilio, Mayor APPROVED AS TO FO William E. Bloor, City Attorney ATTEST: I Jennifer Veneklasen, City Clerk PUBLISHED: `aa�� l'�t , � , 2014 By Summary 12 Summaries of Ordinances Adopted by the Port Angeles City Council On October 21, 2014 Ordinance No. 3 515 THIS ORDINANCE of the City of Port Angeles, Washington, makes changes to Title 14, Chapters 14.36 of the Port Angeles Municipal Code relating to signs. This Ordinance shall take effect five days after passage and publication of summary. Ordinance No. 3516 THIS ORDINANCE of the City of Port Angeles, Washington, makes changes to Title 15, Chapters 15.08, 15.20, and 15.28 of the Port Angeles Municipal Code relating to environment. This Ordinance shall take effect five days after passage and publication of summary. Ordinance No. 3517 THIS ORDINANCE of the City of Port Angeles, Washington, makes changes to Title 17, Chapters 17.01, 17.08, 17.11, 17.18, 17.19, 17.31, 17.44, 17.45, 17.52, and 17.95 of the Port Angeles Municipal Code relating to zoning. This Ordinance shall take effect five days after passage and publication of summary. 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 Friday 8:00 a.m. to 5:00 p.m. Jennifer Veneklasen City Clerk Publish: November 2, 2014