HomeMy WebLinkAbout3548 ORDINANCE NO. 3548
AN ORDINANCE of the City of Port Angeles, Washington making changes to
incorporate a Hearing Examiner, reduce setbacks for accessory residential
units, and make minor amendments to terminology and word usage more
consistent in Title 17, Chapters 17.01, 17.08, 17.10, 17.11, 17.12, 17.13,
17.14, 17.15, 17.17, 17.18, 17.19, 17.21, 17.22, 17.23, 17.24, 17.25, 17.31,
17.34, 17.35, 17.37, 17.44, 17.45, 17.52, 17.95, and 17.96 of the Port Angeles
Municipal Code all relating to zoning.
THE CITY COUNCIL OF THE CITY OF PORT ANGELES DO HEREBY
ORDAIN AS FOLLOWS:
Section 1. Portions of Ordinance 1709, as amended, and Section 17.01.020 of
the Port Angeles Municipal Code are hereby amended to read as follows:
CHAPTER 17.01 PURPOSE AND SCOPE.
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 450 or / 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.
C. RS-11 Zone. This is a low density residential zone intended to create and preserve
suburban 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 four 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 non-through public and private streets with irregularly shaped
lots, minimum 75-foot front lot lines, and 60-foot rights-of-way for collector arterial streets
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in large rectangular blocks and usually located in outlying areas with large tracts of vacant
buildable land.
E. 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 RED 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, tisu 11y=-loea ed in utly;- areas with large tt,a is f vae +nd-
and serving as a transitional use between low density residential uses and
commercial/industrial uses.
F. 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
Ipattern 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 450 or/ 500-foot blocks and usually located in areas that are largely developed and closer
to the center of the City.
O. 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, ffkcambus-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
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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
Section 2. Portions of Ordinance 1709, as amended, and portions of Chapter
17.08 of the Port Angeles Municipal Code are hereby amended to read as follows:
CHAPTER 17.08 DEFINITIONS
17.08.010"A"
B. Accessory residential unit. A habitable unit added to, 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 (ARU) is incidental to a detached primary single-family
residence, is s,, b r in_ate - -Face .; 50 percent or less space than the primary 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.
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 noncommercial horse
stables, kennels, up to three dogs and cats which are not house pets, or house pets.
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.
17.08.020 "C"
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F. Common usable open space=. Area within a "r- planned ad- 1p anned indu:st-r-ial-overlay
Dcl{�1r13r —develobment which is accessible and usable to all occupants of the
development and the City, which is:
3. Land which is dedicated to an open space purpose of the Rl-armed- lam rn1
overlay r,ev l,.p., ent develobment such as preservation of natural features.
17.08.065 "L."
N. Lot coverage_ c—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 or other structures not higher
than 30 inches from the ground.
17.08.095 "S."
I. Smart Growth. A Mix of Land Uses that include the following:
1. Take Advantage of Compact Building Design
2. Create a Range of Housing Opportunities and Choices
3. Create Walkable Neighborhoods
4. Foster Distinctive, Attractive Communities with a Strong Sense of Place
5. Preserve Open Space, Natural Beauty and Critical Environmental Areas
6. Strengthen and Direct Development Towards Existing Communities
7. Provide a Variety of Transportation Choices
8. Make Development Decisions Predictable, Fair and Cost Effective
9. Encourage Community and Stakeholder Collaboration in Development
Decisions
1-J. 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.
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J K. 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 L. Street a vehicular way that affords a primary means of access to abutting property.
L M. Street right-of-way line the boundary line between a street and abutting property.
M N. 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 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.
N O. 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.
9 P. Subordinate less important than and secondary to a primary object, usually in these
Zoning Regulations referring to an accessory use.
P Q. 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.
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` 17.08.100 "T."
D. Townsite block a block of 450 or 4500 feet by 300 feet dimension or a minimum of
3.44-1 acres as created by the original platting of the Townsite of Port Angeles.
H. Trellis. a-A lattice work structure designed to support plant growth. Trellises that
demarcate an entryway to a yard, are detached from any other structure, other than a
permitted fence, on the site, have a minimum sidewalk span of four feet, depth of two feet
and a height of eight feet, is exempt from the requirement for a building permit and is not
considered a structure.
Section 3. Portions of Ordinance 1709, as amended, and portions of Chapter 17.10
of the Port Angeles Municipal Code are hereby amended to read as follows:
CHAPTER 17.10 RS-7 RESIDENTIAL,SINGLE-FAMILY
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
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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 450 or /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.
17.10.040 - Conditional uses.
F. Churches (see special requirements per Table Al.
17.10.050 - Area and dimensional requirements.
C. Minimum setbacks:
Rear: 20 feet, except ten feet for detached accessory buildings or accessory residential units
in the rear one-third of the lot;
Side, interior: Seven feet, except three feet for detached accessory buildings or accessory
residential units in the rear one-third of the lot;
Section 4. Portions of Ordinance 1709, as amended, and portions of Chapter 17.11
of the Port Angeles Municipal Code are hereby amended to read as follows:
CHAPTER 17.11 RS-9—RESIDENTIAL, SINGLE FAMILY
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 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-w-th large -Fads of vacan{ '-m.'Tablle a d.
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17.11.030 Accessory uses.
D. Private (noncommercial) 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.
17.11.040 - Conditional uses.
B. ^grieultui•"!Commercial nurseries and greenhouses.
17.11.050 - Area and dimensional requirements.
C. Minimum setback:
Rear: 25 feet, except ten feet for detached accessory buildings and accessory residential units
in the rear one-third of the lot;
Side, interior: Eight feet, except three feet for detached accessory buildings and accessory
residential units in the rear one-third of the lot;
Section 5. Portions of Ordinance 1790, as amended, and portions of Chapter 17.12
of the Port Angeles Municipal Code are hereby amended to read as follows:
CHAPTER 17.12 RS-11 —RESIDENTIAL, SINGLE FAMILY
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 four
rip mare 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
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the City's single-family residential neighborhoods, following a curvilinear street system of
non-through 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-wit oCvaeant buildable lawll
17.12.030 - Accessory uses.
D. Private noncommercial 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.
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17.12.040 - Conditional uses.
B. ^bFCommercial nurseries and greenhouses.
E. Churches per Table A.
N. Public and private schools tier Table A.
17.12.050 - Area and dimensional requirements.
I C. Minimum setback:
Rear: 25 feet, except ten feet for detached accessory buildings and accessory residential units
in the rear one-third of the lot;
Side, interior: Eight feet, except three feet for detached accessory buildings and accessory
residential units in the rear one-third of the lot;
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Section 6. Portions of Ordinance 1709, as amended, and portions of Chapter 17.13
of the Port Angeles Municipal Code are hereby amended to read as follows:
CHAPTER 17.13 RTP—RESIDENTIAL TRAILER PARK
17.13.050 - Area and dimensional requirements for trailer parks.
E. N fiiniintirn tot, - nCl-c`33@,-egtiifL-d-4-E3r-i-4t--ai er paFk shall be 4"„cir aefes.
FL E. Density shall not exceed one trailer for every 5,000 square feet (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 W e a mininitim lot area 4 3,500 squaFe fbet and
F. A minimum of ten percent 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 G. 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 ten feet to any other property line.
J: H. In the interests of fire prevention, there shall be a minimum space of 14 feet
between trailers, including cabanas.
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
Gohninissiotil-learing Examiner.
C. Said permit shall require the following:
1. A p10 site plan showing the location of the proposed trailer park and all buildings,
sanitary facilities, playground-recreation open space, utility buildings, driveways, and
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.
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17.13.100 - Additional development standards.
A. Location: Trailer parks may be located upon approval of the P-a-
Commissiontlearing Examiner and by conditional use permit from said GommissionHering
Examiner, in any 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.
Section 7. Portions of Ordinance 1709, as amended, and portions of Chapter 17.14
of the Port Angeles Municipal Code are hereby amended to read as follows:
CHAPTER 17.14 RMD—RESIDENTIAL, MEDIUM DENSITY
17.14.010 - Purpose.
This is a medium density residential zone, that 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.
17.14.030 - Conditional uses.
D. Churches per Table A.
I. Public and private schools per Table A.
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17.14.040 - Area and dimensional requirements
C. Minimum setback:
Front: 25 feet from front property line.
Sides: No structure shall be permitted closer than seven feet to any side lot line on the front
two-thirds of the lot. Detached accessory buildings and accessory residential units only on
the rear one-third of the lot may be permitted to within three feet of the side lot line. On
corner lots, the side yard abutting a street shall have a setback of 13 feet.
Rear: No residential structure shall be permitted within 25 feet of the rear property line.
Detached accessory buildings or accessory residential units are permitted not closer than ten
feet to the rear property line or alley.
17.14.060 - Signs permitted.
One sign per building is allowed. Signs shall not exceed ten square feet in area and shall not
be flashing or intermittent. Additional signage may be allowed with Pkinning
Gommi-sssHearin Examiner approval of a conditional use permit.
17.14.070 - Design and landscaping for apartments.
E. All parking lots shall be screened by a three-foot to six-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 (E landscaping
requirement.
Section 8. Portions of Ordinance 1709, as amended, and portions of Chapter 17.15
of the Port Angeles Municipal Code are hereby amended to read as follows:
CHAPTER 17.15 RHD —RESIDENTIAL, HIGH DENSITY
17.15.010 - Purpose.
This is a high density residential zone for multi-family residential structures. Compatible
uses may be allowed oil=y 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
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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 450 or /500-foot blocks and usually located in areas that are largely developed and closer
to the center of the City.
17.15.040 - Conditional uses.
D. Churches per Table A.
I. Public and private schools per Table A.
17.15.50 —Area and dimensional requirements.
C. Minimum setback:
Front: 25 feet from front lot line.
Sides: No structure shall be permitted closer than seven feet to an side lot line on the front
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two-thirds of the lot. Detached accessory buildings or accessory residential units only, on the
rear one-third of the lot may be permitted to within three 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.
Rear: No residential structure shall be permitted within 25 feet of the rear property line.
Detached accessory buildings or accessory residential units are permitted not closer than ten
feet to the rear property line or alley.
17.15.070 Signs permitted.
B. Conditional uses: Size and type as determined by P�ann-iIIg—C<}r nli ic3nHea�rin
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Examiner.
Section 9. Portions of Ordinance 1709, as amended, and portions of Chapter 17.17
of the Port Angeles Municipal Code are hereby amended to read as follows:
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CHAPTER 17.17 HO—HOME OCCUPATIONS PERMIT
17.17.010 - Purpose.
The purpose of this chapter is to ensure that an occupation or business undertaken within a
dwelling unit located in a residential zone is incidental and subordinate to the primary
residential use and is compatible with the residential character of the neighborhood. This
chapter provides for home occupations within residential zones to be permitted through a
special use permit process.
17.17.040 - Development standards.
All home occupations shall comply with the following development standards:
D. If the operation is the type in which classes are held or instruction given, the Director
of Community and Economic Development shall determine the number of students per day
that is compatible with the site and surrounding area.
G. Home occupations shall be conducted in whole or in part in the dwelling unit but not
entirely in an accessory building unless otherwise specified by the Director of Community
and Economic Development; PROVIDED that the dwelling unit and accessory building in
which the home occupation is conducted shall occur on the same parcel.
17.17.090 - Special review.
Persons with demonstrated physical handicaps may be permitted special review by the
Director of Community and Economic Development. Such applicant may request waiver of
Development Standard Section 17.17.040 E and/or F. No waiver of the criteria of section
17.17.080 will be considered.
Section 10. Portions of Ordinance 1709, as amended, and portions of Section
17.18.040 of the Port Angeles Municipal Code are hereby amended to read as follows:
CHAPTER 17.18 BED AND BREAKFAST PERMIT
17.18.040 - Development standards.
All bed and breakfasts shall comply with the following development standards:
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G. A444)Bed and breakfasts permits shall not be transferable to new locations.
Section 11. Portions of Ordinance 1709, as amended, and portions of Chapter 17.19
of the Port Angeles Municipal Code are hereby amended to read as follows:
CHAPTER 17.19 PRD - PLANNED RESIDENTIAL DEVELOPMENT OVERLAY
ZONE
17.19.011 - Definitions.
B. Neighborhood density: The number of dwelling units per acre allowed by the underlying
zone or zones.
C. Planned Residential Development (PRD): A site specific development that has been
approved by the Git�Couneil Hearing Examiner under the provisions of Chapter 17.19
of the Port Angeles Municipal Code.
E. Townsite block: A block of 450 or /500-foot by 300-foot dimension or a minimum of
3:443.1 acres as created by the original platting of the Townsite of Port Angeles.
17.19.020 - Applicability.
PRDs may be established, subject to final approval of a proposal for a specific parcel or
parcels of land in all residential districts and may include land that is zoned PBP. A PRD
shall contain a minimum of 3:443.1 acres with densities permitted per the underlying zone or
zones per 17.19.060.
17.19.070 - Procedure for approval.
The procedure for approval of a PRD shall be composed of 4=mithree steps:
A. Conceptual plan submittal and neighborhood meeting. This step occurs before an
application is accepted as complete by the City;
B. Public hearing on the preirninary development plan and, if applicable, the
preliminary plat and other permit actions. This step results in a reconEne-33d-ali-en-final
decision by the Planning Commission1learings Examiner to tl C-i v -unc of anz{c ti-on-to
be ,�, l and•pt
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G. n ppi-,,ya by the City be .,,. n, -y deve. ine-r}t
p1a and other .anions as „1;,,,,h1��
PC. Action on the final development plan and plat by the Gity Co ne Director of
Community and Economic Development_-r-1- 10WIng-«-h�-I'lie h.e-a13ng. Final approval may
only be granted after all conditions of approval have been met or bonded for by the applicant.
No lots may be offered for sale prior to pFeliminar-y plat approval by the C4ty
G ouneiMirector of Community and Economic Development.
17.19.110 - Planning GommissionHearing Examiner public hearing—Scheduling and notice.
Upon receipt of an application satisfying the requirements of section 17.19.090, the DCED
shall schedule a public hearing before the Hearing ExaminerPlanni g Commission. Public
notice shall be given as provided in section 17.96.140.
17.19.120 - Hearing ExaminerPlan i g Comt;nssian re t mmtndation decision—Preliminary
development plans.
Prior to making a recoinine elation decision on an application for a preliminary PRD, the
Planning nGommi-ss,, Hearing Examiner shall hold a public hearing. The Heuer
Examiner's ndation decision for approval, denial, or
approval with modifications or conditions shall be tbr"•,,,.ded to +1,> C'.;>. f" >""^ l in written
form based upon compliance with section 17.19.050 and the following criteria:
17.1r0 - City Gott eii iietio PFel, development plans.
.
meeting. The Gotineil may approve, deny, or approve with inodifications of e0nditions the
stibmitted ffeliminafy development plans. APPFOval shall be by Gouneil action which
'r'r'rco' pci-i-tTC @s—the rti.,-ri"' 'iTCi�=izii{3i=rc�ii'ric `.m'a-n—riT uczc
findings based ,,,o seetions 17.rte.1-160 and 17.194-20-.
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 two 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 Hearing Examinerl'lanni ng Got ' iota,
and the Hearing ExaminerConmmi-s:ion may approve, one or more one-year extensions as the
Hearing Examiners may deem appropriate. The site must be under one
? �g-Co— —s i=-and ownershi P P rior to final approval b the Hearing Examinerl Gity
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Council, and the application for final approval must be made by the owners of the entire site.
The application shall include the following:
17.19.160 - Gity Council final Final action.
The City Coune''Director of Community and Economic Development shall review the
application for final approval at a public heat-ing, notice , . °':^', "' a" "> F' 'id—
eetion 1.7.96.1110, 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 PRD,
and all future development of the site shall be in conformance with the approved PRD.
17.19.180 - Modifications after final approval.
The final approval shall be binding upon the development. Design variations from the plan
must be submitted to the Hearing Examiner-Planning Commission and 04 —'.IoL rail for
approval and amendment of the ordinance, except for minor changes, as follows: The DCED
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 12 months.
Section 12. Portions of Ordinance 1709, as amended, and portions of Chapter 17.21
of the Port Angeles Municipal Code are hereby amended to read as follows:
CHAPTER 17.21 CN—COMMERCIAL NEIGHBORHOOD
17.21.010 - Purpose.
This is a commercial zone intended to create and preserve areas for businesses that 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; gasoline
a
16
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.
S. Residential uses, as permitted in PAMC 17.15.020, the Residential High Density RHD
zone. on the first floor or above with a primary commercial use located fronting that
portion of the site facing an arterial street.
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 (PAMC 17.15.020) rear setback requirements.
Section 13. Portions of Ordinance 1709, as amended, and portions of Chapter 17.22
of the Port Angeles Municipal Code are hereby amended to read as follows:
CHAPTER 17.22 CSD—COMMUNITY SHOPPING DISTRICT
17.22.040 - Permitted uses.
V. Residential uses, as permitted in PAMC 17.15.020, the Residential High Density
RHD zone. on the first floor or above with a primary commercial use located fronting that
portion of the site facing an arterial street.
17.22.200 - Area and dimensional requirements.
A. Minimum lot area: 7,000 square feet. Residential uses on the first floor shall comply
with the RHD (PAMC 17.15.020) rear setback requirements.
Section 14. Portions of Ordinance 1709, as amended, and portions of Chapter 17.23
of the Port Angeles Municipal Code are hereby amended to read as follows:
CHAPTER 17.23 CA—COMMERCIAL, ARTERIAL
17
17.23.040 - Permitted uses.
A. Retail buildings:
D. Residential:
2. Residential uses, as permitted in PAMC 17.15.020, the Residential High Density
RHD zone. on the first floor or above with a primary commercial use located fronting that
portion of the site facing an arterial street.
17.23.200 - Area and dimensional requirements.
A. Minimum lot area: 7,000 square feet. Residential uses on the first floor shall comply
with the RHD (PAMC 17.15.020) rear setback requirements.
Section 15. Portions of Ordinance 1709, as amended, and portions of Section
17.24.041 of the Port Angeles Municipal Code are hereby amended to read as follows:
CHAPTER 17.24 CBD —CENTRAL BUSINESS DISTRICT
17.24.041 - Permitted uses.
B. Services:
6. Churches per table A.
D. Residential:
1. Residential uses, as permitted in PAMC 17.15.020, the Residential High Density
RHD zone. on the first floor or above with a primary commercial use located fronting that
portion of the site facing a street.
F{
Section 16. Portions of Ordinance 1709, as amended, and portions of Chapter 17.25
of the Port Angeles Municipal Code are hereby amended by to read as follows:
f
18
CHAPTER 17.25 CR—COMMERCIAL, REGIONAL
17.25.040 - Permitted uses.
D. Residential:
2. Residential uses, as permitted in PAMC 17.15.020, the Residential High Density
zone, on the first floor or above with a primary commercial use located fronting that portion
of the site facing an arterial street.
17.25.200 - Area and dimensional requirements.
A. Minimum lot area: 7,000 square feet. Residential uses on the first floor shall comply
with the RHD (PAMC 17.15.020) rear setback requirements.
Section 17. Portions of Ordinance 1709, as amended, and portions of Chapter 17.31
of the Port Angeles Municipal Code are hereby amended to read as follows:
CHAPTER 17.31 PID — PLANNED INDUSTRIAL, DEVELOPMENT OVERLAY
ZONE
17.31.030 - Permitted uses.
Residential uses allowed in the RHD zone (PAMC 17.15.020) are allowed within a PID of
less than 3.44 acres, provided that, for purposes of this chapter a single-family residence may
be attached to another dwelling by common walls.
17.31.070 - Procedure for approval.
The procedure for approval of a PID shall be composed of four steps:
B. Public hearing on the pfeli ii-n-ai=y development plan and, if applicable, the
preliminary plat and other permit actions before the Hearing Examiner. This step results in a
r-eeommendation by tr ' � _1111 t ,I n—ii , � , (�f-i�11-c`�Gt1f3�3 tE3 131 t?ktll £}}1
t4w—pfopo--,a4 approval, approval with additional conditions, or denial of the proposal:
by the City (`.,,,,,c;1 at „6 l;e iiicet;,,.. of the , •,1;,,,;,a,•.. development
} � and other- actions ��e�l�ar�
19
D C. Action on the final development plan and plat by the City Council following a public
hearing. Final approval may only be granted after all conditions of approval have been met
or bonded for by the applicant. No lots may be offered for sale prior to preliminary plat
approval by the City Council.
17.31.140 - Routing and staff recommendations.
Upon receipt of an application satisfying the requirements of section 17.31.130, the DCED
shall route the same to all appropriate City Departments. Each department shall return
recommendations and comments regarding the application to DCED. The DCED shall
prepare a report to the Hearing ExaminerD1anni ", Goininission summarizing the factors
involved, the recommendations of other departments, and the DCED including findings and
conclusions. 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 GommissionHearing Examiner public hearing—Scheduling and notice.
Upon receipt of an application satisfying the requirements of section 17.31.090, the DCED
shall schedule a public hearing before the Hearing Examine rn' ��^��,� mniission. Public
notice shall be given as provided in section 17.96.140.
17.31.160 - Hearing Examinerl?lal r�in I'n 1-eeo =nlendat
development „1ansdecision.
Prior to making a Fecomr�=�e lotion-decision on an application for a pr°' � 1 PID, the
Planning Gommissio Hearing Examiner shall hold a public hearing. The Planning
CoininissionHearing Examiner's feeom ne"d -decision on a PID shall be approval,
denial, or approval with modifications or conditions sl,,,l' be 4)i- ""r4e -to-the City Gotill ' in
written form based upon compliance with section 17.31.050 and the following criteria:
I
-7.3 i-.-11700 City Go„,ncil action Pre ,,iii aid,
ineetin", The Gouneil may approve, deny, of approve with modifieations OF e0fiditiffilS the
SUbMitted pFelinainary development plans. Approval shall be by Gotine.d. action that
incorporates the approved prelifflinaFy velopment plans IDN' Fetl�_ _nce atil. shall inelulde
findings and conclusions-,
17.31.180 - Final approval of planned industrial development.
Application for final approval of a PID shall be submitted within two years of ffe litninary
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 Community and Economic Development Department, "' m�i,=� C�;�=rr�in, and
20
the Gomm,,,,,, Community and Economic Development Director may approve, one or
more one-year extensions as the ,,,,,,, --: r deemed appropriate. The site must be
under one ownership prior to final approval by the r;*. <"ouneil, and the application for final
approval must be made by the owners of the entire site. The application shall include the
following:
17.31.200 - Gity Go ^l final Final action.
The City Goaneir Community and Economic Development Department shall review the
application for final approval at , public h,,,,,.in otie, of which Shall be given ;,a >,a
in s,,etio,, 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 made by issuance of a Certificate of Occupancy. by o ••d;,,,,,,ee and . eopy of the
fi.al nrrI shall bef led ith and made a art „+ ,, id , ,•,a;,,an _, The zoning map shall be
amended to indicate the extent of the approved PID, and all future development of the site
shall be in conformance with the approved PID.
17.31.220 - Modifications after final approval.
The final approval shall be binding upon the development. Design variations from the plan
must be submitted to the Department of Community and Economic Development Planning
rGoninussion and City=. neilHearing Examiner for approval and amendment of the
ot,din ermit, except for minor changes, as follows: The DCED 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 PID, the number of dwelling units or density,
decrease the amount of parking or loading facilities, permit buildings to locate closer to the
closest boundary line, decrease the amount of open space, or environmentally sensitive areas, [
decrease the recreation facilities, change any points of ingress or egress to the site, or extend I
the development schedule for not more than 12 months.
r
Section 18. Portions of Ordinance 1709, as amended, and Section 17.34.0 10 of the
Port Angeles Municipal Code are hereby amended to read as follows:
21
CHAPTER 17.34 IH—INDUSTRIAL, HEAVY
17.34.010 - Purpose.
This is the least restrictive industrial zone intended to be the area that heavy industry could
develop while 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.
Section 19. Portions of Ordinance 1709, as amended, and Section 17.35.030 of the
Port Angeles Municipal Code are hereby amended to read as follows:
CHAPTER 17.35 JUNK YARDS CONDITIONAL USE PERMIT
17.35.030 - Screening.
Unless otherwise specified by the Planning Gommissio Hearin _Examiner, a solid, site-
obscuring fence, which may include vegetation or landform, at least seven feet or more in
height shall be constructed on or within five feet of the rear and side property lines and the
front yard setback line, which shall be a distance of 50 feet from all street rights-of-way. No
storage or display of any junk, appliance, article, merchandise, or vehicle shall be permitted
outside of said required fence.
Section 20. Portions of Ordinance 1709, as amended, and portions of Chapter 17.37
of the Port Angeles Municipal Code are hereby amended to read as follows:
CHAPTER 17.37 MCO—MIXED COMMERCIAL OVERLAY
17.37.070 - Procedure for approval.
D. A public hearing on the preliminary development plan and, if applicable, the I
preliminary plat and other permit actions. This step results in a Fee onimendalion-decision by
the Hearing Examiner Planning r.,,,-,missio to the City Gotineil of an .,eti ,, to be take,-,taken
mn�r.g Gom�ion to the Git", G'-fflZe�ro.Z,n nn� tz°r��t�on the proposal;
22
EL Approval by the G"+, r' ;1 at a 1,1; rneeting the-prelitninary 1„ „1,,,}H3f'I4
Il play and other actions as applicable;
F7E. Action on the final development plan and plate the Gity Gott eil 4)ll owing a pub'�
meeting. Final approval may-on-lyshall be granted after all conditions of approval have been
met or bonded for by the applicant. No lots may be offered for sale prior to preliminary plat
approval by the C=ity-C4nme—i-1 Community and Economic Development Department.
17.37.100 - Routing and staff recommendations.
The Planning Division shall prepare a report to the Rlani i:3nHearing Examiner
summarizing the factors involved, recommendations of other departments, and CED staff
recommended conditions, findings and conclusions.
17.37.110 - Planning G^"^•, issionHearing Examiner public hearing—Scheduling and notice.
Upon receipt of an application satisfying the requirements of section 17.37.090 PAMC, the
CED shall schedule a public hearing before the Planning 11-o iris.ionHearing Examiner.
Public notice shall be given as provided in section 17.96.140 PAMC.
E
17.37.120 - Planning Commission icetTnime-n anon Pi-et;,,,;,, ,•, z lope m"tansHearin
Examiner action.
Prior to making a reeo,mne1 a inn decision on an application for a proli;l+ina1�=MCO, the
Planning—C~<n:fflm-smonHearing Examiner shall hold a public hearing. The Planning
C0111!nissi-onHearing Examiner's recommendation decision for approval, denial, or approval
with modifications or conditions shall be -[ )r - eld IL- the Gir- izmade in written form
based upon compliance with section 17.19.050 PAMC and the following criteria:
17.37.130 --Gi t-y G H unei-l-action -r-e
; ; . IT h, f ,„ , , ,, 1 ,h„tt ; „ the ^ ,,;,,,, G,,,,,,,,; o;,,,, at „ ,,,
i'neetifig.The Gouneil-nlay app}=Hve, 'de y,of! apli,oye , :;+h , ,d;t;e tons of Conditions
submitted preliminat-y development plan-,. Approval shall be by }tine-4-eti{*1--AA iieh
.'ne- oi,po ates the appFoved pr-eliminar-=deyelopme fit-plans-by-1£-4i? 1 ” and shall inclut�H h
findings wed upon Sections 1 7 1 n 060 and 4 7 1 0 1 20 P A N � 1.
17.37.140 - Final approval of a Mixed Commercial Overlay (MCO).
Application for final approval of the MCO shall be submitted to City("oaned. Community
and Economic Development Department within two years of preliminary development plan
23
G
approval; provided that an applicant may apply to the P-1 ig 'Gomnais'."i'On Community and
Economic Development Department, and the –onninission Debartment may approve, one or
more one-year extensions as the Gona 3ission may be deemed appropriate. For phased
MCO's, each phase shall have an additional one-year period for final approval; and provided
further that an applicant may apply to the PIffin ing (2onimission Community and Economic
Development Department, and the (''.,,,,mission Department may approve, one or more one-
year extensions as the G„r,,,,;s4o-n may be deemed appropriate. The site must be under one
ownership prior to final approval lb, -y Cou neil, or the application for final approval
must be made by the owners of the entire site. The final submittal documents shall include
the following:
Theft o
`,1,.,11 be- gi;.F`cn as rovided-in section 1.9 .40 11 iMG, an hall approve, deny, at
�1
U.�JI"CJ-V"v t'��ITIrfI7 odifi-eations the final development plan and, if applieable, the final plat.
Approval of the- final r eyelop ,ent plan shall be bly 14,IJI.e-fHia4-A4G0
„- tl, .,.,,7 , ; part H'3"'said or-crr�'"r�ranee—�he—�� �lf�d to
Lbr r 1��l -T-rl�ud� r, r_. 6
indiearle "h" ten of the ,�] A4f`O 1 all f 4 �r`en. o1" , r
�. 't—C7if. site shall ft"}'
17.37.180 - Modifications after final approval.
The final approval shall be binding upon the development. Design variations from the plan
must be submitted to the Planning, G,..,,.,, rs ,,,, and City Gotin Community and Economic
Development Department for approval and amendment of the ordinance, except for minor
changes, as follows: CED staff 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 or other unforeseen circumstances at the
time of approval of the final development plans. Such adjustments shall not increase the total
amount of floor space authorized in the approved final MCO, the number of dwelling units,
density, or decrease in the amount of parking or loading facilities, or permit a reduction of
setback of buildings to the closest boundary line, decrease the amount of open space or
recreation facilities, change any points of ingress or egress to the site, or extend the
4
development schedule for more than 12 months.
Section 21. Portions of Ordinance 1709, as amended, and portions of Chapter 17.44
of the Port Angeles Municipal Code are hereby amended to read as follows:
E
24
CHAPTER 17.44 PLID — PLANNED LOW IMPACT DEVELOPMENT OVERLAY
ZONE
17.44.015 - Definitions.
D. Planned Low Impact Development (PLID): A site specific development that has been
approved gay + CHU,il--under the provisions of Chapter 17.44 of the Port Angeles
Municipal Code.
E. Townsite block: A block of 450 or-/500-foot by 300-foot dimension or 344 3.1 acres as
created by the original platting of the Townsite of Port Angeles.
17.44.050 - Design and development standards.
F. The following standards shall apply to all PLIDs:
7. To encourage design flexibility, conservation of natural amenities and innovations
that result in a higher quality residential environment than traditional subdivisions,
comprehensive site planning is required of all development in the PLID. Where applicable,
the design of PLIDs shall accomplish the following to the greatest extent possible:
a. Preserve unique physical features of the site including, but not limited to, creeks,
wetlands, ravines, bluffs, lakes or ponds, shorelines, and forest areas consistent with
section 15.20 and 15.24 PANIC;
C. The design of all open space areas and building structures shall be compatible with
and complementary to the environment in which they are placed.
17.44.200 - Routing and staff recommendations.
Upon receipt of an application satisfying the requirements of section 17.44.180, the
Department of Community and Economic Development (DCED) shall route the same to all
appropriate City Departments and any other agency with jurisdiction. The Planning Division
shall prepare a report to the Plat ',fl.- GornmissionHearina Examiner summarizing the factors
25
involved, the recommendations of other departments and the DCED including findings and
conclusions.
17.44.210 - Planii ng G"mmissio Hearing Examiner public hearing Scheduling and notice.
Upon receipt of an application satisfying the requirements of section 17.44.200, the DCED
shall schedule a public hearing before the Hearing ExaminerPlaniiing Go ,,,;ssio . Public
notice shall be given as provided in section 17.96.140.
17.44.220 - Hearing ExaminerPlanning Commission m„,,,,mend•>ti( ,Decision—Preliminary
development plans.
The Hearing ExaminerPlanin a fe-c-onn-eiidat ;--ordecision of approval,
denial, or approval with modifications or conditions shall be 4or-=�a-ded to-the
���i}�cil;
following a public hearing, be made in written form and shall be based upon compliance with
section 17.44.050 and the following criteria:
117_4 l 230 GityGouneil-aetion PFeli;_iiri,,,ary development plans
The Gity Gouneil shall consider- the Feeemmendation of the Planning Commission at a publli'O
meeting. The-G. *n i ” -
1n,n. ,;;+I�ed }� el }i ary—development plans. Approval—51a1I be by G 61 ;n
n whiff
i-neorperates the approved -elli ,,inai-y development plans by ,efi-_Fence and sha Jude
trod ings based upon ,hi „1, 14
17.44.240 - Final approval of PLID.
Application for final approval of a PLID shall be submitted to Gity Couneilthe Community
and Economic Development Department within two years of the preliminary development
plan approval; provided that for phased PLID's each phase shall have an additional one-year
period for final approval; and provided further that an applicant may apply to the Planning
Gommissiefl Community and Economic Development Department, and-the Gomni y
aplfewefor. one or more one-year extensions as the rGomYnissi(mi—Department may deem
appropriate. The site must be under one ownership prior to final approval by thethe Hearin
Examiner ing E'c�r nmsi.�-and f' mn�l. The application for final approval must be
made by the owners of the entire site and shall include the following:
r Development i
C F. If bonding or other security is proposed for uncompleted portions of the project,
including landscaping 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.
26
14G . Covenants, conditions and restrictions and/or homeowners' association agreement.
L Mailing labels of propet-ty owners within 3 00 feet 4 the proposed pf-ojeet 1 FsLiant to
section 17.96.t i10 D A AA(`
17.44.250 - Gity Go i {Final action.
The C-qty-Gouneil-Community and Economic Development Department shall review the
application for final approval ' v fov-ided
in etion 1 7.x}6.'110, and shall approve, deny, or approve with modifications the final
development plan and, if applicable, the final plat. Approval of the final development „'".,
shall be by , ,.,a;,,.,nee „a "A copy of the final PLID shall be filed with and made a part of
said ordinance. The Zoning Map shall be amended to indicate the extent of the approved
PLID, and all future development of the site shall be in conformance with the approved
PLID. The site must be under one ownership prior to final approval by the Gity Gott eil, and
application for final approval must be made by the owners of the entire site.
17.44.280 - Modifications after final approval.
The final approval shall be binding upon the development. The final development plan shall
continue to control the PLID after it is completed. Design variations from the plan must be
submitted to the Planning Commission and Gity Getwi .a-Community and Economic
Development Department for approval and amendment of the ordinance, except for minor
changes, as follows: The DCED is authorized to approve 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 PLID, 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 12 months. When a change requires prior review and approval, the Hearin
ExaminerGAA,=Goi� shall conduct a public hearing prior to acting on such adjustment.
Section 22. Portions of Ordinance 1709, as amended, and portions of Chapter 17.45
of the Port Angeles Municipal Code are hereby amended to read as follows:
27
CHAPTER 17.45 IOZ—INFILL OVERLAY ZONE
17.45.011 - Definitions.
B. Infill Overlay Zone (IOZ): A site specific development that has been approved by the
City G '1-under the provisions of Chapter 17.45 of the Port Angeles Municipal Code.
17.45.070 - Procedure for approval.
The procedure for approval of an IOZ shall be composed of four steps:
B. Public hearing on the preliminary development plan and, if applicable, the
preliminary plat and other permit actions. This step results m.1-1 ecoh,, nd tion 1,<. the
Planning Commission to +mhe r,—i v, Council 1' .t;, to he taken On the „ n•
,
C. Approval by the Git3 Examiner at--a--pulbilice : ti of the
preliminary development plan and other actions as applicable after the close of the public
hearin ; and
D. Action on the final development plan and plat by the r>;t„ Council Community and
Economic Development Department following a ,,ublie 1,,,,,,.itig. Final approval may only be
granted after all conditions of approval have been met or bonded for by the applicant. No
lots may be offered for sale prior to preliminary plat approval by the >;t,r ouncilHearin
Examiner.
17.45.090 - Application procedure.
The application for an IOZ shall contain the following:
E. Detailed site statistics including but not limited to:
2. Site buildin coverage expressed in square feet and percentage of,
a. Total footprint area of buildings for: y
i. Residential structures;
ii. Non-residential structures;
28
17.45.100 - Routing and staff recommendations.
Upon receipt of an application satisfying the requirements of section 17.45.090, the
Department of Community and Economic Development (DCED) shall route the same to all
appropriate City Departments. Each department shall return recommendations and
comments regarding the application to DCED. The Planning Division shall prepare a report
to the Hearing ExaminerPlanning r,,,,,miss;,,,, summarizing the factors involved, the
recommendations of other departments and the DCED including findings of fact and
conclusions. 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.
17.45.110 - Planiiing GomfflissionHearing Examiner public hearing—Scheduling and notice.
Upon receipt of an application satisfying the requirements of section 17.45.090, the DCED
shall schedule a public hearing before the i",,,,ning Go"^mission1jearing Examiner. Public
notice shall be given as provided in section 17.96.140.
17.45.120 - Hearing ExaminerPlan ing Commission feeon nit-ti la iandecision—Preliminary
development plans.
Prior to making a recommendation decision on an application for a preliminary IOZ, the
Hearing ExaminerM,anning fCommission shall hold a public hearing. The Hearin
Examiner�r?n�zrgo�;�mi�s� r's rnxlztiu decision for approval, denial, or approval
with modifications or conditions shall be COI.I,,^;' in written form based
upon compliance with section 17.19.050 and the following criteria:
I
7.^� , 30 'ounc-il-aeti Pfeli d el l
--��-it�'C "F�iiii3ii�F'raiis:
Planning Commission at a ptiblie
submitted pfeliminafy—development plans. n, al sha t,e by G ;t e fl NI
f+.,a:,, s base a t;.,ns 1 7 1(1 (1((1 � 1 7 7 1(1 7 7(1
findini 1JiI Jar'R-C7'F7l/I-i�TCGTI'CJ . .
17.45.140 - Final approval of Infill Overlay Zone (IOZ).
Application for final approval of the IOZ shall be submitted to Ei*;� T Community and s
Economic Development within two years of 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
Community and Economic Development Department and the Commission-Department may
approve, one or more one-year extensions as the Goininission Director may deem
29
appropriate. Extension approvals shall be made in writing. The site must be under one
ownership prior to final approval by the City— i7 Community and Economic
Development Department and the application for final approval must be made by the owners
of the entire site. The application shall include the following:
17.45.160 - *. unei!4Final action.
The City r,,unoi' Community and Economic Development Department shall review the
application for final approval at a publie heming� notiee of whieh shall he given
in seetion 17.96.144, 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 IOZ shall be filed with and made a part of said
ordinance. The zoning map shall be amended to indicate the extent of the approved IOZ, and
all future development of the site shall be in conformance with the approved IOZ.
17.45.180 - Modifications after final approval.
i The final approval shall be binding upon the development. Design variations from the plan
must be submitted to the Community and Economic Development Department Planning
Commission and City r,.,,neil for approval and amendment of the ordinance, except for
minor changes, as follows: The DCED 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 IOZ, 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
12 months.
Section 23. Portions of Ordinance 1709, as amended, and portions of Chapter 17.52
of the Port Angeles Municipal Code are hereby amended to read as follows:
30
CHAPTER 17.52 WIRELESS TELECOMMUNICATIONS TOWERS AND
FACILITIES
17.52.015 - Purposes.
B. The specific purposes of this ordinance are:
6. To avoid potential damage to property caused by towers and telecommunications
facilities by ensuring such structures are soundly and carefully designed, constructed,
modified, maintained, and removed when no longer used or are determined to be structurally
unsound; aM
7. To ensure that towers and telecommunications facilities are compatible with
surrounding land uses-, and
17.52.065 - Telecommunications facilities on towers and antenna support structures.
A. A conditional use permit application to develop telecommunications facilities shall '
include the following:
7. In order to assist the Department of Community and Economic Development and
Planning G^„,mis ioifflearing Examiner in evaluating visual impact, the applicant shall
submit color photo-simulations showing the tower or antenna support structure with a photo-
realistic representation of the proposed telecommunications facilities, as it would appear
viewed from the closest residential property and from adjacent roadways.
17.52.085 - Modification of development standards.
A. Notwithstanding the tower requirements provided in this chapter, a modification to
the development standards may be approved by the P4a=}iiiii--" Hearin Examiner
as an unclassified use in accordance with the following:
1. The Planning C^m inissionHearing Examiner shall consider the application for
modification based on the following criteria:
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C. In addition, the Planning (Conimis-s-le Hearing Examiner may include conditions on
the site where the tower is to be located if such conditions are necessary to mitigate any
adverse impacts which arise in connection with the approval of the modification.
17.52.090 - Abandonment.
A. If any tower shall cease to be used for a period of 365 consecutive days, the
Department of Community and Economic Development shall notify the owner, with a copy
to the applicant, that the site will be subject to a determination by the Planning
CommissiorZHearing Examiner that such site has been abandoned. The owner shall have 30
days from receipt of said notice to show, by a preponderance of the evidence, that the tower
has been in use or under repair during the period. If the owner fails to show that the tower
has been in use or under repair during the period, the City Council shall issue a final
determination of abandonment for the site. Upon issuance of the final determination of
abandonment, the owner shall, within 75 days, dismantle and remove the tower.
Section 24. Portions of Ordinance 1709, as amended, and portions of Chapter 17.95
of the Port Angeles Municipal Code are hereby amended to read as follows:
CHAPTER 17.95 SPECIAL PROVISIONS
17.95.060 - Temporary buildings.
A. The Planning Manager of the Department of Community and Economic Development
may authorize permits for occupancy of temporary buildings, including mobile homes, used
in conjunction with construction or reconstruction projects, or buildings used as real estate
tract offices, for a period not to exceed one year. Such temporary buildings may be located
in any zone; provided, however, sufficient setbacks are maintained to protect the public
health, safety, and welfare. Buildings intended for a longer period of use shall conform in
every respect to all provisions of these Regulations but will be considered at a public hearing
before the Hearing ExaminerP"anning r"„,,,, .•.,: Requests for extensions of previously
approved temporary use permits with specified time periods of authorization shall also be
considered by the Planning Commission at a public hearing and may be granted for a period
of one to five years, provided that the following minimum criteria are met:
17.95.100 - Uses.
Any uses not expressly permitted in a specific zone may be reviewed by the Hem
ExaminerrliunTZn3 for approval or denial in light of the zoning intentions and
consistent with the Comprehensive Plan.
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Section 25. Portions of Ordinance 1709, as amended, and portions of Chapter 17.96
of the Port Angeles Municipal Code are hereby amended to read as follows:
CHAPTER 17.96 ADMINISTRATION AND ENFORCEMENT
17.96.050 - Conditional use permit.
shall consider applications for conditional use permits of uses as specified in the applicable
chapter of the Zoning Regulations. The Hearing Examiner' may grant
said permits that 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 Hearing Examinerl-31an ing Goni ,issio 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 Hearing Examiner!)1 an ing Goini sio may impose
whatever restrictions or conditions they consider essential to protect the public health, safety,
and welfare, and to prevent depreciation of neighboring property.
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 Hearing ExaminerPl anti ing Coiii issi,,,, shall give public notice,
as provided in PANIC 17.96.140, of the intention to consider at a public hearing the granting
of a conditional or unclassified use permit.
The Hearing ExaminerPlanning G-,niniissi 's decision shall be final unless appealed to the
City Council.
B. Decisions. Conditional or unclassified use permit decisions issued by the Hearing
Examinerl?lan iii ng 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 Department of Community and Economic Development
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.
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C. Appeals.
1. Any person aggrieved by the decision of the Hearing ExaminerPlannin =c an
may appeal the decision to the City Council.
3. The City Council shall conduct a closed record hearing on the appeal of the Hem
ExaminerWanning Commission's decision. The Council's decision shall be final unless
appealed to Clallam County Superior Court in accordance with PANIC 17.96.150.
17.96.110 - Subdividing.
The r'ity GoureilHearing Examiner 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
PANIC), and by this Title.
•17.96.150 - Appeals.
Any appeal of a final decision rendered by the Gity GoLinei Director of Community and
Economic Development pursuant to this title shall be filed i lam-County Su i
Gouj with the Hearing Examiner within 21-15 days of such final decision or be barred.
Section 26 - Corrections. The City Clerk and the codifiers of this ordinance are
authorized to make necessary changes to the Table of Contents and other corrections to
this ordinance including, but not limited to, correction of the scrivener's/clerical errors,
references,ordinance numbering,section/subsection numbers and any references thereto.
Section 27 - 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 28 -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.
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PASSED by the City Council of the City of Port Angeles at a regular meeting of said
Council held on the day of Januay,2016. /
aw
Mayor
APPROVED AS TO FO
.X
William E. Bloor, City Attorney
ATTEST:
r 9001a4m
J nnife Veneklasen, City Clerk
PUBLISHED: avMaf b , 2016
By Summary
f
35
Summary of Ordinance Adopted by the
Port Angeles City Council on
January 5, 2016
Ordinance No. 3548
AN ORDINANCE of the City of Port Angeles, Washington makes changes to incorporate a
Hearing Examiner, reduce setbacks for accessory residential units, and make minor amendments
to terminology and word usage more consistent in Title 17, Chapters 17.01, 17.08, 17.10, 17.11,
17.12, 17.13, 17.14, 17.15, 17.17, 17.18, 17.19, 17.21, 17.22, 17.23, 17.24, 17.25, 17.31, 17.34,
17.35, 17.37, 17.44, 17.45, 17.52, 17.95, and 17.96 of the Port Angeles Municipal Code all
relating to zoning. This Ordinance shall take effect five days after passage and publication of the
summary.
Ordinance No. 3549
AN ORDINANCE of the City of Port Angeles, Washington, revises Title 17 of the Port Angeles
Municipal Code by adding a new Chapter 17.16 Cottage Housing Development Overlay Zone.
This Ordinance shall take effect five days after passage and publication of the 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
Published: January 10, 2016