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Home My WebLink About2017-02-08 PC Agenda Packet AGENDA PLANNING COMMISSION 321 East Fifth Street February 8, 2017 6:00 p.m. I. CALL TO ORDER Pledge of Allegiance led by Chair II. ROLL CALL III. APPROVAL OF MINUTES Regular meeting of January 25, 2017 IV. PUBLIC HEARINGS/ACTION ITEMS 1. Public Hearing of Title 2, 14, 16, and 17 Municipal Code Amendments (Continued from January 25th, 2017) V. STAFF UPDATES None VI. OTHER CONSIDERATIONS VII. COMMUNICATIONS FROM THE PUBLIC VIII. REPORTS OF COMMISSION MEMBERS IX. ADJOURNMENT C OMMUNITY & E CONOMIC DEVELOPMENT MINUTES PLANNING COMMISSION Port Angeles, Washington 98362 January 25, 2017 6:00 p.m. ROLL CALL Members Present: David Amoroso, Matt Bailey, Duane Morris, Elwyn Gee, Andrew Schwab, Steven Hopkins Members Absent: One Vacancy Staff Present: Allyson Brekke, Ben Braudrick Public Present: John Ralston, Dennis Yakovitch PLEDGE OF ALLEGIANCE Chair Gee opened the regular meeting at 6:00 p.m. and led the Pledge of Allegiance. APPROVAL OF MINUTES: Commissioner Amoroso moved to approve the January 11, 2017 minutes. Commissioner Bailey seconded, all were in favor. SPECIAL CEREMONIES City Clerk Jennifer Veneklasen led the two new Commission Members in their Oath of Office. PUBLIC HEARINGS/ACTION ITEMS 1. Review and Amendment of Planning Commission Bylaws Assistant Planner Ben Braudrick reviewed the minor changes staff had made to the Planning Commission Bylaws based on suggestions from the Commission at their previous January 11, 2017 meeting. Commissioner Bailey moved to approve the Bylaws as revised. Commissioner Amoroso seconded, all were in approval. 2. Title 2, 14, 16, and 17 Municipal Code Amendments Community and Economic Development Direct Nathan West address the Commission and introduced the background of the changes being proposed. He asked the Commission to think critically about the proposed code changes, and if they truly represent the community well for the next few years and in the 20 year window dictated by the Comprehensive Plan. He called out one priority that was brought up during the comprehensive plan process, which was the social issues and challenges faced by our community. The compatibility with other uses in the commercial corridors have been address. He then introduced Planning Manager Allyson Brekke to present the staff report for the proposed code amendment. Planning Manager Allyson Brekke addressed the Commission and audience by stating the intention of staff to split these code amendments into two meetings. Part 2 will occur at the Commission’s next meeting on February 8. She then presented the staff report for Part 1 of recommended changes to the Port Angeles Municipal Code. Part I included Titles 2, 14, and a Planning Commission Minutes January 25, 2017 Page 2 portion of 17, and Part 2 will include Title 16 and a portion of Title 17. She noted that notice had been given at City Hall and Peninsula Daily News within 15 days of the public hearing, and that the amendments had been found to be Exempt from SEPA review. She then presented the Part 1 of the proposed code amendments Staff Report and Powerpoint presentation. Director West stated that staff did review the code in detail to ensure that the changes would be supportive of development, but also good for the community in the long term, and follow the goals of the Comprehensive Plan. He also recommended that the Public Hearing remain open and continue it to a later date. Commissioner Amoroso asked about reference to parking in a mixed use property. Planning Manager Brekke stated that the intent would be that if there was room enough that one per unit could be counted. It would reduce the amount needed to supply. Commissioner Amoroso asked about the need for parking in residences less than one bedroom, such as studios. Planning Manager Brekke responded that it would remain at a required one for one bedroom or less. Commissioner Hopkins asked about sidewalk standards in residential medium and high density zones. Director West stated that those standards currently exist and that the regulations had been changed by LID regulation from 6 to 5 foot sidewalks. Commissioner Bailey asked about the history of the regulation of building heights maximums. He understood that the reasoning was previously because of fire safety. Director West stated that in the past building height was predicated on fire department accessibility. Before completing the code change, fire would have the chance to review the code in regard to fire safety. He added that it is also the community’s unique available views that stopped the building height changes for the sake of density. Commissioner Morris asked about signage requirements and new businesses. Planning Manager Brekke responded that currently there is no requirement for replacement signs needed for new businesses that are using existing nonconforming signs. The amendment is linking the sign permit for reevaluation of a new sign. Commissioner Bailey asked who the responsible party would be to take down signage from a business who has vacated the space. Planning Manager Brekke responded that it had been discussed, and that the conclusion had been made that the building owner would be responsible. Director West added that it is an issue that had come up at Council Meetings, and that thought had been given to connecting it with utility disconnection. Commissioner Schwab noticed a typo on Page 56, within Section 17.24.160. Commissioner Hopkins asked about the definition of “affordable housing” and its relevance to median income. Director West responded that the definition of affordable housing is consistent with State Administrative Code. He added that because the term “affordable” is based on level of income, there is also a definition for “attainable housing”. Commissioner Morris pointed out that the definition of “lot” under 17.08.002 Definition Rules should be pulled out and given more importance. Commissioner Morris asked about the term bed and breakfast and if it should it be changed to Planning Commission Minutes January 25, 2017 Page 3 Bed and Board to reflect a broader availability. Director West responded that the term had not been thought about. Commissioner Morris asked about the availability of ARU’s and the legality of RV’s and permanent living situation. Senior Assistant Attorney Heidi Greenwood responded that there is existing code that defines this type of living situation as a non-living unit. The intent of the code is not to regulate relatives staying for a week or two, but others who are living in unsafe conditions. Director West added that these living situations are enforced on a complaint basis and require a large amount of city resource to enforce. Commissioner Morris added that, having lived in a college town for a large part of his life, there are many different ways to convert spaces to provide a more dense living arrangement on each property. Director West responded that the intent of the code is to keep people safe. Planning Manager Brekke added that the change in definition of “group living’ will help benefit and regulate these types of creative living situations. Commissioner Morris stated that he was happy that the City was thinking ahead in terms of common living situations. John Ralston PO Box 898 Stated that he was concerned about the process, not the people involved. He wasn’t able to get the agenda packet until Monday evening, and felt there was not enough time to critically think about the impacts of the proposed amendments. He listed several specific issues within the code that he was unsure about. Dennis Yakovitch 21 Rustic Way There are a variety of different types of development within the city. He applauded the flexibility for lot design for development. The current cookie cutter approach can make it difficult to develop a site plan that is attractive to buyers. The new approach will help to sell developed properties and benefit neighborhood beautification and maximize revenue and help developer be more creative. He suggested reducing right of way minimum widths from 60 to 50 feet. He felt a development had no problem fitting utilities into 30 feet of right of way. He added that it’s not intelligent to subdivide in large amounts, and that the allowance for phasing is very important. Commissioner Morris asked whether there was an association of builders in the community. Director West responded that the association was not given the code beforehand and made a commitment to present the code before the North Peninsula Builders Association before the next meeting the public hearing is moved to. Commissioner Morris felt it was very important to get input from our developer and builder professionals Commissioner Amoroso asked if there was language supporting historic signage. Director West responded that there was not. Commissioner Morris asked the whereabouts of the Historic District. Director West gave the location of the nationally recognized historic district as the Historic Fire Hall, Carnegie Library, and County Courthouse, and that there was an opportunity to expand this district or create new districts within the City. Planning Manager Planning Commission Minutes January 25, 2017 Page 4 Brekke stated that the first step is recognition and the second is finding the highest priority to protect and what regulation is needed to fulfill that. There are many areas in the City that could be identified as historically valuable. Commissioner Amoroso moved to continue the public meeting to February 8 and have a final meeting on the Amendments on February 22. Commissioner Bailey seconded. After the Planning Commission discussed the options with Staff to continue the public hearing, the motion failed. Commissioner Amoroso moved to continue the public hearing to February 8 to discussion Part 1 and move the public hearing to February 22 to discuss part 2 to allow the public more time to review part one of the amendments. Commissioner Bailey seconded, all were in favor COMMUNICATIONS FROM THE PUBLIC None. REPORTS OF COMMISSION MEMBERS Commissioner Schwab ask about a community member approaching him about Washington Street in front of school a one way at certain times of day. Director West responded that the city has a traffic safety community STAFF REPORTS Director West let the Commission know about comprehensive plan work that had been introduced to the City Council. Council is intending to integrate Comprehensive Planning Policies into Strategic Plans He would be involved in a discussion and review of Clallam County wide planning policy, which hasn’t been updated since 1994. Planning Manager Brekke let the Commission know that the County Planning Commission would be meeting to discuss short term rentals and bed and Breakfasts on the 1st of February. ADJOURNMENT Commissioner Hopkins moved to adjourn. Commissioner Schwab seconded. The meeting adjourned at 7:45 p.m. Ben Braudrick, Secretary Elwyn Gee, Chair Planning Commission Minutes January 25, 2017 Page 5 PREPARED BY: Ben Braudrick TO: Planning Commission FROM: Nathan West, Director Allyson Brekke, Planning Manager DATE: February 8, 2017 SUBJECT: 2017 Port Angeles Municipal Code Amendments (Part 1 continued) RE: Continued public hearing for consideration of proposed amendments to Titles 2, 14, 16 and 17 of the Port Angeles Municipal Code APPLICANT: City of Port Angeles LOCATION: Citywide PROPOSAL: Proposed amendments are part of an annual review intended to provide more clarification of City land use regulations and are proposed to Titles 2, 14, 16 and 17 of the Port Angeles Municipal Code. The amendments will include clarification of the Hearing Examiner’s responsibilities, addition of new definitions that better clarify categories of land uses in commercial and industrial zoning and residential housing types, reductions to required yard setbacks in Residential Medium Density (RMD) and Residential High Density (RHD) zoning, clarification of language pertaining to non-conforming buildings, uses and signs, clarification of language pertaining to signage requirements, reductions of minimum acreage requirements and other language clarification to Infill Overlay Zone requirements, clarification of frontage requirements in subdivisions, and other changes that are intended to provide clarity, correct errors, and result in greater efficiencies and consistency of land use regulations. DEPARTMENTAL RECOMMENDATION: The Department of Community and Economic Development recommends that the Planning Commission continue their review of Part 1 of the proposed municipal code amendments and open the continued public hearing to receive public input and comment on the proposed changes. The Commission should then once again continue the public hearing to the Planning Commission meeting scheduled for February 22, 2017. DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT Proposed Municipal Code Amendments p.1 2017 PAMC Amendments (Part 1 continued) February 8, 2017 Page | 2 PUBLIC COMMENT: Public Notice was published in the Peninsula Daily News on January 10, 2017 and posted on January 1, 2017. During their January 25, 2017 meeting, the Planning Commission continued the public hearing to February 8, 2017. One letter of public comment was received and the concerns are summarized below in italics. Staff provides a response under each concern. 1. Participants in this process need more time to review prior to Public meetings. State Law, and Chapter 17.96.140 PAMC requires that any municipal code changes require at least 15 days’ notice prior to the date of the public hearing. Planning Commission Bylaws requires 5 days before providing essential information for the meeting. We appreciate this criticism specifically because one of the Planning Division’s many finite resources is in fact, time. The Planning Division understands the importance of transparency and collaboration with stakeholders as a means to ensure that code is (a) upholding the intent of the goals, policies, and objectives of the comprehensive plan and (b) seeking to protect the health, safety and welfare of the individuals, families, neighborhoods, and community of Port Angeles. The Planning Division acts through the direction of the City Manager, who is charged with the oversight of the City’s administrative operations by the City Council. Timelines for administrative operations can at times conflict with Divisional workloads, and this can expedite and challenge our Division’s vision for an ideal process in our work. 2. 14.36.090, how is the City going to "enforce", would Lincoln Theatre need to remove the signage when they closed? While the City of Port Angeles understands the concern of enforcement, it still believes that municipal code regulations should reflect the goals of the Comprehensive Plan to ensure every development application aims to result in a longstanding, quality built environment for the community. The City of Port Angeles is currently looking at ways to improve the City’s code compliance program. Code compliance is a current interest of the City Council. 3. 17.08.015, is food service limited to only breakfast? 17.18.015 does not exist in City Municipal Code. Code states that a bed and breakfast shall have only one kitchen and serve primarily breakfast only to people registered. Interpretation would suggest they could serve snacks and other meals as well, but only to registered guests. 4. 17.22 CSD-Community Shopping District or Commercial Shopping District? CSD is intended to mean Community Shopping District. A find/replace function has been done to the draft amendments to ensure any accidental discrepancies are correct. 5. 17.94/95 C. ownership, I have major concerns about "mandating" and trying to enforce when both units are tenant occupied. The City is exploring way this requirement can be enforced in the future. A conditional use permit application process allows the City to apply conditions on the approval of a project which can assist with enforcement of the development standards for accessory residential units (ARUs). 6. "Churches", used in at least 20 sections of PAMC and possibly without a specific definition. Should mean, and not limited to, temples, synagogues, mosques, and or other places of worship. The category of “Church” has been eliminated as a use and has been replaced by Community Center, defined in PAMC 17.08.020(G) Proposed Municipal Code Amendments p.2 2017 PAMC Amendments (Part 1 continued) February 8, 2017 Page | 3 ENVIRONMENTAL REVIEW: Per WAC 197-11-800(19), the proposed ordinances reflecting the municipal code amendments is categorically exempt from SEPA review as they contain no substantive standards respecting use or modification of the environment. DEPARTMENT OF COMMUNITY DEVELOPMENT ANALYSIS: Over the last eighteen months, Community and Economic Development Staff have monitored the application of the Port Angeles Municipal Code as it relates to growth and development in the local community. The Department strives to make annual amendments that best address community customer concerns and challenges that are encountered during land use application and permitting processes. Equally important is the objective to ensure the Port Angeles Municipal Code (PAMC) is adequately implementing the goals, policies and objectives of the City’s Comprehensive Plan. Due to the large number of changes proposed, the amendments are being presented to Planning Commission in two separate parts. Part 1 was first presented to the Planning Commission on January 25, 2017. The amendments included in Part 1 include the following: • Chapter 17.08 – Definitions. Clarify the language in several definitions: Accessory Residential Unit (ARU) Bed and Breakfast Child care, child daycare center, and family daycare \ Conditional use permit (Administrative) Dwelling and dwelling, two-family (or duplex) and dwelling unit Lot, front lot line and lot width Types of garages Measurements of lots Recreational facility or area Uses, principal and accessory Child day care center and family day care. Setback measurements • Chapter 17.08 – Definitions. Add the following new definitions: Accessory use (changed from “Use, accessory” and eliminated “Incidental”) Artisan Manufacturing Building, accessory Community Center Conference Center Entertainment services Extended stay lodging Group Living (different from “Group home”) Hotel (definition for Motel moved to “Hotel”) Human Service Facilities Mixed Use Structure Townhouse Transitional Housing Types of lots Lot line, zero • Chapters 17.14 & 17.15 – RMD & RHD Districts Proposed Municipal Code Amendments p.3 2017 PAMC Amendments (Part 1 continued) February 8, 2017 Page | 4 Expanded on permitted uses and clarified conditional uses. Reduce required setbacks to provide a greater opportunity to reach maximum density. • Chapters 17.20, .21, .22, .23, .24, .25– Commercial Districts. Expanded on permitted uses and clarified conditional uses. Clarified when residential uses may be permitted in some commercial zoning. • Chapter 17.45 – Infill Overlay Zone. Eliminate maximum acreage. Clarify the allowable relaxations that may be requested. • Chapter 17.94 – Development Standards for ARUs. Created additional development standards for ARUs. Staff has made the following changes to Part 1 since the first public hearing: • Chapter 2.52 “Board of Adjustment” was shown to be eliminated. However, Staff identified that this Chapter contained the City’s Variance criteria and application process that cannot be eliminated. The Variance purpose, process and criteria was restructured, reworded and moved to Section 17.96.080 of Title 17; • Additional clarification was added to parking requirements for residential dwelling units and it now reads as “One parking space per every dwelling unit with one bedroom or less / two parking spaces per dwelling units with two or more bedrooms”; and • The definition for “community center” was revised to remove the word “churches” and replaced with “places of worship (church, mosque, synagogue, temple, etc.)”. Part 2 to be presented at a future meeting date as determined during the February 8, 2017 meeting. The following font styles are used for the proposed amendments: • New language is underlined as proposed; and • Removal of language is red struck out. Encl: Part 1 of Amendments - Title 2, Title 14, Title 17 Public comment Proposed Municipal Code Amendments p.4 Proposed Municipal Code Amendments p.5 CHAPTER 2.18 - HEARING EXAMINER 2.18.010 - System established. As authorized by RCW 35A.63.170, the City hereby establishes a hearing examiner system. This system vests in the Hearing Examiner the power and authority to hear and decide those issues assigned to the Hearing Examiner in this chapter. This system additionally vests in the Director of the City's Department of Community and Economic Development ("the Director") the power and authority to hear and decide administratively those issues assigned to the Director in this chapter. (Ord. 3536 § 1, 5/19/2015) 2.18.020 - Appointment. A. Subject to City Council confirmation, the City Manager shall appoint the Hearing Examiner with regard only for qualifications for the duties of the office. B. The Hearing Examiner shall be an attorney in good standing, licensed to practice law in the State of Washington or a Certified Professional Planner. Qualifications for the office of the Hearing Examiner are expertise in land use law and planning, and the training and experience necessary to conduct administrative or quasi-judicial hearings and issue decisions and recommendations on land use planning and regulatory matters. C. The Hearing Examiner shall be retained as an independent contractor pursuant to a contract approved by the City Council. The term of appointment, compensation and other requirements shall be as established pursuant to contract. D. Unless the context requires otherwise, the term "Hearing Examiner" used in this chapter shall include Hearing Examiners pro tempore. (Ord. 3536 § 1, 5/19/2015) 2.18.030 - Pro tempore appointment. The City Manager shall appoint a Hearing Examiner pro tempore to serve whenever the Hearing Examiner informs the City Manager that he or she cannot serve. (Ord. 3536 § 1, 5/19/2015) 2.18.040 - Limitations on appointment. The Hearing Examiner may hold no other position in the City Government of Port Angeles or be an employee of, or contractor for, any person under contract to the City of Port Angeles. The Examiner shall not be an elected or appointed official who exercises his or her official authority within Port Angeles City limits or the City's UGAs. (Ord. 3536 § 1, 5/19/2015) Proposed Municipal Code Amendments p.6 2.18.050 - Freedom from improper influence. No person shall interfere with the Hearing Examiner in the performance of his or her designated duties. No person shall attempt to influence or in any way interfere with the Examiner in the performance of his or her designated duties. The Hearing Examiner shall comply strictly with the rules of Chapters 42.23 and 42.36 RCW. The Hearing Examiner shall disqualify himself or herself if there exists any condition or situation that would result in an unfair hearing, or an appearance of unfairness. (Ord. 3536 § 1, 5/19/2015) 2.18.060 - Functions, issues and jurisdiction of the Hearing Examiner. The Hearing Examiner is hereby authorized and directed to hear and decide the following matters: 1. General conditional use permit (CUP)Admin. permits: a. General conditional use permit (CUP). b. Unclassified use. 2. Unclassified use permit 3. Subdivision applications: Land use: a. Preliminary subdivision. b. Preliminary binding site improvement plan. 43. Shorelines applications: a. Substantial development permit - All applications except those deemed administrative actions pursuant to subsection 2.18.065(3). b. Conditional use. c. Variance. 54. Variances permits: a. Standard variance. b. 6. Appeal Bldg. Official determination. 75. Preliminary overlays districts: a. Planned Residential Development Overlay Zone (PRD). b. Planned Low Impact Development Overlay Zone (PLID). c. Mixed Commercial Overlay (MCO). d. Industrial Park (IP). e. Infill Overlay Zone (IOZ). f. Planned Industrial Development Overlay Zone (PID). Proposed Municipal Code Amendments p.7 As to all of the foregoing issues and matters, the decision of the Hearing Examiner shall be the final decision of the City. The decision of the Hearing Examiner in these cases may be appealed to Superior Court. Appeals must be filed within 15 days of the notice of decision. (Ord. 3536 § 1, 5/19/2015) 2.18.065 - Functions, issues and jurisdiction of the Director. The Director is hereby authorized and directed to hear and decide the following matters: 1. Admin. Permits Administrative Conditional Use Permits: a. Home occupation. b. Accessory residential unit ARU. c. Residential bed and breakfast. d. Retail stand. e. Temporary use. f. 2. Extension of approved conditional use permits, provided that the following minimum criteria are met: i. The use complies with the permit conditions; and ii. There have been no significant, adverse changes in circumstances. 32. Subdivision Land use: a. Boundary line adjustment (BLA). b. Short plat. c. Final subdivision plat. d. Final binding site improvement plan. 43. Shorelinesapplications: a. Substantial development applications permits - (1) (if the applications is for a permitted uses; and (2) or an applications that receives a SEPA threshold determination of non- significance). b. Exemptions 54. State Environmental Policy Act (SEPA). 65. Wetland/ESA permits. 76. Variances permits: a. Minor deviation. b. a. Parking variance. 87. Final overlay districtss: a. Final approval of all overlay zones. Proposed Municipal Code Amendments p.8 b. No public hearing shall be required for final approval of any overlay zone. 9. Minor deviation requests As to all of the foregoing issues and matters, the decision of the Director shall be an administrative decision. Such decision may be appealed to the Hearing Examiner, provided that the appeal must be filed within 15 days after the Director issues the decision, provided that if a longer appeal period is established by state law, the longer period shall control. If an appeal is not filed within the applicable period, the decision of the Directors is the final decision of the City. If a matter is appealed, the decision of the Hearing Examiner is the final decision of the City. In those cases the decision of the Hearing Examiner may be appealed to Superior Court. The appeal to Superior Court must be filed within 15 days of the date the Hearing Examiner's decision is issued. (Ord. 3536 § 1, 5/19/2015) 2.18.070 - Rules of procedure. The Hearing Examiner shall be authorized to adopt rules of procedure. Such rules shall be subject to confirmation or amendment by the City Council by resolution. (Ord. 3536 § 1, 5/19/2015) 2.18.080 - Repeal. All provisions in Titles 15, 16, 17 and 18 of the Port Angeles Municipal Code that conflict with the procedures for hearing and deciding the matters as specified in sections 2.18.060 and 2.18.065 above are repealed and superseded by the provision of this chapter. (Ord. 3536 § 1, 5/19/2015) Proposed Municipal Code Amendments p.9 CHAPTER 2.36 - PLANNING COMMISSION[7] Footnotes: --- (7) --- State Law reference— For statutory provisions regarding planning agencies in code cities, see Ch. 35A.63 RCW. 2.36.010 - Creation—Composition. There is created a City Planning Commission to be composed of seven members. (Ord. 2384 § 2, 3/19/1986; Ord. 1123 § 1, 3/1/1944) 2.36.020 - Membership. A. Procedures. 1. The seven members of the Planning Commission shall be appointed by the City Council. 2. Each member of the Planning Commission shall be required to take an oath of office. 3. Members may be removed from office for reasons deemed appropriate by the Council, including but not limited to malfeasance in office or neglect of duties. B. Criteria. Criteria used in selecting members shall include but not be limited to the following: 1. Members shall be residents of the City. 2. Members shall have an understanding of (1) the benefits to the community of zoning and planning, (2) the scope and purpose of the City's Comprehensive Plan and (3) the rules of procedure and conduct applicable to Planning Commission members. 3. Members shall be selected in accordance with the equal opportunity guidelines. 4. The Commission shall represent a broad spectrum of the community. 5. Members shall be appointed without regard to political affiliation. 6. Members shall not be City employees or members of the City Council. 7. Members shall serve without pay. C. Terms. 1. A full term of office shall be four years. 2. The term of office shall start on March 1st of the year in which the appointment is made, provided that appointments to unexpired terms shall start as designated in the appointment. 3. Members of the Commission may be appointed to succeed themselves. Proposed Municipal Code Amendments p.10 4. Appointments to fill an unexpired term shall be only for the remainder of that term. 5. The terms of office shall be staggered so that no more than two members' terms expire in the same year. 6. No person shall be allowed to serve on the Planning Commission for more than two consecutive four-year terms; provided that this prohibition shall not disqualify any person now serving on the Planning Commission from completing the term that he or she has been appointed to serve as of the effective date of this chapter. (Ord. 3267 § 1, 12/29/2006; Ord. 2384 § 2, 3/19/1986; Ord. 1123 § § 1, 3, 5, 3/1/1944) 2.36.030 - Compensation. The members of the Planning Commission shall serve without compensation. (Ord. 1123 § 5, 3/1/1944) 2.36.040 - Meetings. The Planning Commission shall hold at least one regular meeting in each month for not less than nine months in each year. (Ord. 1123 § 6 (part), 3/1/1944) 2.36.050 - Organization—Business. The Planning Commission shall elect its own chairman from among its members and create and fill such other offices as it determines its needs require. It shall adopt rules for the transaction of the business and keep a written record of its meetings, resolutions, transactions, findings and determinations, which record shall be a public record. (Ord. 1123 § 6 (part), 3/1/1944) 2.36.060 - Vacancies—Removal of members. Vacancies occurring on the Planning Commission otherwise than through the expiration of a term shall be filled for the unexpired term. Members may be removed from the Commission after public hearing by the appointing official, with the approval of the City Planning Commission for inefficiency, neglect of duty or malfeasance in office. Written charges shall be filed against any member before such hearing, and he shall have two weeks' notice of the date of the hearing. (Ord. 1123 § 4, 3/1/1944) 2.36.070 - Expenditures. Proposed Municipal Code Amendments p.11 The expenditures of the Planning Commission shall be within the amount appropriated by the Planning Commission, and the Planning Commission is authorized to employ such employees and expert consultants as they deem necessary for its work. (Ord. 1123 § 7, 3/1/1944) 2.36.080 - Fact-finding powers. A. The Planning Commission is authorized and empowered to act as a research and fact-finding agency of the City. To that end, it may make such surveys, analyses, researches and reports as are generally directed or requested by the City Council. The Planning Commission, upon such direction or request, is further empowered and authorized: 1. To make inquiries, investigation and surveys concerning the resources of the City; 2. To assemble and analyze the data thus obtained and to formulate plans for the conservation of resources and the systematic utilization and development thereof; 3. To make recommendations from time to time as to the best methods of such conservation, utilization and development; 4. To cooperate with other public agencies in such planning; and 5. To make surveys and recommendations for the adoption by the City Council of coordinated plans for development of the City. B. Limitation. The research and fact-finding powers granted to the Commission shall be exercised by the Commission acting as a body. Individual commissioners, separately or independently, are not authorized to exercise such powers. (Ord. 3267 § 1, 12/29/2006; Ord. 1123 § 8, 3/1/1944) 2.36.090 - Preparation of Comprehensive Plan. The Planning Commission may recommend to the City Council a Comprehensive Plan designed for the benefit of the City as provided by law and prepared as a whole, or may recommend parts or any amendment, extension or addition thereto. Before such recommendations are made to the City, the Planning Commission shall hold public hearing thereon, giving notice of the time and place by one publication in a newspaper of general circulation in the City. A copy of the City ordinance adopting or embodying any plan or part thereof or any amendment thereto, properly certified, shall be filed with the County Auditor. Any ordinance referred to herein may be amended or changed by subsequent ordinances. (Ord. 1123 § 12, 3/1/1944) 2.36.095 - Long-range planning advisory committees. In order to assist the Planning Commission in long-range planning matters, long-range planning advisory committees may be established from time to time by the City Council in accordance with this section. Proposed Municipal Code Amendments p.12 A. Proposals. Either the City Council or the Planning Commission may propose the formation of a long-range planning advisory committee. Proposals shall specify the function or task to be accomplished. B. Authority. Long-range planning advisory committees shall have the authority to conduct public meetings and public hearings and to advise the Planning Commission with regard to the specific function or task that the committees are assigned. The Planning Commission shall consider such advice in making its own recommendations to the City Council after conducting additional public hearings as may be required by law. C. Establishment. Long-range planning advisory committees shall be established by resolution of the City Council. Any such resolution shall specify the committee's purpose, number of members, and duration. D. Membership. Long-range planning advisory committees shall consist of two or three members of the Planning Commission. These members shall be designated by the Planning Commission, which shall also designate one of the members as chairperson. The remaining members shall be City residents and shall be appointed by the City Council. Candidates may be suggested by the Planning Commission. E. Conduct of business. Long-range planning advisory committees shall conduct their business in accordance with the Open Public Meetings Act and the by-laws of the Planning Commission. (Ord. 2592 § 1, 6/13/1990) 2.36.100 - Building regulations action. Upon the receipt of a recommendation of the Planning Commission, the City Council may, in the interest of health, safety, morals and general welfare, by City ordinance, regulate and restrict the location and use of buildings, structures and land for residence, trade, industry and other purposes; the height, number of stories, size, construction and design of buildings and other structures; the size of yards, courts and spaces on the lot or tract; the density of population; the setback of buildings along streets, parks or public water frontage; and, the subdivision and development of land. (Ord. 1123 § 9, 3/1/1944) 2.36.110 - City districting recommendations. The City Council on the recommendation of the Planning Commission, may, by ordinance, divide the City into districts of such size, shape and area or may establish such official maps or development plans for the whole or any portion of the City as they may consider best, and within such districts may regulate and restrict the erection, construction, reconstruction, alteration, repair or use of buildings, structures or lands. All such regulations shall be prepared as part of the Comprehensive Plan designed for the benefit of the City as provided by law. (Ord. 1123 § 11, 3/1/1944) 2.36.120 - Board of Adjustment appointment recommendations. Proposed Municipal Code Amendments p.13 The City Council may, on the recommendation of the Planning Commission, provide for the appointment of a Board of Adjustment to make exceptions as may be considered advisable or necessary. (Ord. 1123 § 10, 3/1/1944) Proposed Municipal Code Amendments p.14 CHAPTER 2.52 - BOARD OF ADJUSTMENT 2.52.010 - Establishment—Membership. A Board of Adjustment is established. The word "Board" when used herein shall mean the Board of Adjustment. The Board shall consist of five members. A. Procedures. 1. The five members of the Board of Adjustment shall be appointed by the City Council. 2. Members may be removed from office for reasons deemed appropriate by the Council, including but not limited to malfeasance in office or neglect of duties. B. Criteria. Criteria used in selecting members shall include but not be limited to the following: 1. Members shall be residents of the City. 2. Members shall have an understanding of the benefits of zoning to the City. 3. Members shall be selected in accordance with the equal opportunity guidelines. 4. The Board shall represent a broad spectrum of the community. 5. Members shall be appointed without regard to political affiliation. 6. Members shall not be City employees or members of the City Council or members of the Planning Commission. 7. Members shall serve without pay. C. Terms. 1. A full term of office shall be four years. 2. The term of office shall start on March 1st of the year in which the appointment is made, provided that appointments to unexpired terms shall start as designated in the appointment. 3. Members of the Board may be appointed to succeed themselves. 4. Appointments to fill an unexpired term shall be only for the remainder of that term, after which a reappointment may be made, provided that the appointment to fill the current vacancy on the Board of Adjustment shall expire on the last day of February, 1989, after which a reappointment may be made. 5. Existing members shall fulfill the terms they were appointed to serve. 6. No person shall be allowed to serve on the Board of Adjustment for more than two consecutive four-year terms; provided that this prohibition shall not disqualify any person now serving on the Board of Adjustment from completing the term that he or she has been appointed to serve as of the effective date of the ordinance codified herein. 7. In order to stagger the dates of expiration of the terms of office of members of the Board, the length of the term of appointment for one position which is scheduled to begin on Proposed Municipal Code Amendments p.15 March 1, 1992, shall be for three years only, and expire on the last day of February, 1995; provided that thereafter all terms of office shall be for a four-year period. (Ord. 2670 § 1, 1/17/1992; Ord. 2384 § 3, 3/19/1986; Ord. 1796 § 1, 7/26/1973) 2.52.020 - Meetings. Meetings of the Board shall be held at least once each month, and at such times as the Chairman of the Board may determine; provided that if no application over which the Board has jurisdiction is pending before the Board, the meeting may be canceled by the Chairman. There shall be a fixed place of meeting and all regular Board meetings shall be open to the public. The presence of three members shall be necessary to constitute a quorum. (Ord. 1802 § 1, 11/29/1973; Ord. 1796 § 2, 7/26/1973) 2.52.030 - Review of actions of Building Inspector. The Board may review any interpretation of the provisions of the Zoning Ordinance made by the Building Inspector in pursuance of his duties of granting building permits and administering the building inspection program and any order, requirement, decision, or determination relating thereto. The Building Inspector is authorized to issue building permits for those applications which do not increase the violation of existing regulations. The Board may affirm or reverse the interpretation of the provisions of the Zoning Ordinance made by the Building Inspector, and any order, requirement, decision, or determination relating thereto; and the Board's decision shall be based upon the records and the findings in each case and to that end it shall have all of the powers of the Building Inspector. (Ord. 1887 § 1, 7/15/1976; Ord. 1796 § 32, 7/26/1973) 2.52.040 - Variance—Grounds. Recognizing that there are certain uses of property that may or may not be detrimental to the public health, safety, morals and general welfare, depending upon the facts in each particular case, a limited power to grant variances for such uses is vested, by specific mention in this chapter, in the Board. The Board shall have and exercise original jurisdiction in receiving, granting or denying all applications for such variance uses as provided for in this chapter and shall have the power to place in such permits conditions or limitations in its judgment required to secure adequate protection to the zone or locality in which such use is to be permitted. No variance shall be granted by the Board until after public hearing, as hereinafter provided, and until after the Planning Department has found that the provisions of all other ordinances, with which compliance is required, have been fulfilled and until the Board finds: A. The variance shall not constitute a grant of special privilege inconsistent with the limitation upon uses of other properties in the vicinity and zone in which the property on behalf of which the application was filed is located; and B. That such variance is necessary, because of special circumstances relating to the size, shape, topography, location, or surroundings of the subject property, to provide it with use rights and privileges permitted to other properties in the vicinity and zone in which the subject property is located; and Proposed Municipal Code Amendments p.16 C. That the granting of such variance shall not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and zone in which the subject property is situated. (Ord. 2525 § 1, 3/15/1989; Ord. 1887 § 2, 7/15/1976; Ord. 1796 § 4, 7/16/1973) 2.52.050 - Report of decisions. In deciding any of the matters referred to in sections 2.52.030 and 2.52.040, the Board shall issue a written report in the form of the Board minutes within 14 days of its decision giving the reasons for its decision. (Ord. 1802 § 2, 11/29/1973; Ord. 1796 § 5, 7/16/1973) 2.52.060 - Rules of procedure. The Board shall adopt its own rules of procedure (except as hereinafter fixed as to voting) and keep a record of its proceedings, findings and actions in each case, and the vote of each member on each question considered in the proceedings. (Ord. 1796 § 6, 7/26/1973) 2.52.070 - Petition to review Building Inspector's or Planning Director's interpretations. A. Any person or persons, or any officer, official of any Department or Commission of the City aggrieved by the Building Inspector's or Planning Director's interpretation of the provisions of this chapter as they refer to the granting of building permits and the inspection of buildings or by the Planning Director's interpretation of the provisions of this chapter may jointly or severally file a written petition with the Board for a review of the Building Inspector's interpretation or the Planning Director's interpretation. Such petition shall be filed with the office of the City Clerk within ten days after the petitioner receives either written or oral notice of the interpretation of any provision of the Zoning Ordinance by which the petitioner deems himself to be aggrieved. Such petition shall set forth the provision of the Zoning Ordinance which the Building Inspector or Planning Director has interpreted, the Building Inspector's or Planning Director's interpretation thereof, the petitioner's interpretation of the same and the reasons the petitioner believes the interpretation of the Building Inspector or Planning Director to be incorrect. Such petition shall contain the name or names of all aggrieved parties and the names of all attorneys or agents representing such aggrieved parties together with the mailing address of such parties, their agents and attorneys. The City Clerk shall transmit said petition to the Secretary of the Board prior to the next regular meeting of the Board. The Secretary of the Board shall present the petition to the Board at their next regular meeting, and the Board, at such meeting, shall fix a date for the hearing on said petition which date shall not be less than ten days nor more than 60 days from the date upon which said petition was presented to the Board. At least five days prior to the date fixed for such hearing, the Secretary of the Board shall cause to be mailed to the petitioners or their agents or attorneys, at the respective addresses shown on the petition, a notice of the time and place of the hearing on said petition. At such hearing, the petitioner may appear in person, by agent or by attorney. All City officials and other interested persons may be heard at such hearing in support of or opposition to such petition. Proposed Municipal Code Amendments p.17 B. The Board may initiate a review of the Building Inspector's interpretation or the Planning Director's interpretation of the provisions of the Zoning Ordinance by affirmative vote of a majority of the entire Board. C. The Board may affirm or reverse the interpretation of the provisions of the Zoning Ordinance made by the Building Inspector and/or the Planning Director, and any order, requirement, decision or determination relating thereto; and the Board's decision shall be based upon the record and the findings in each case, and to that end, it shall have all of the powers of the Building Inspector or the Planning Director. Unless a majority of the entire Board vote in favor of reversing the decision of the Building Inspector or Planning Director, such decision shall stand affirmed. The Board shall maintain in the office of the Planning Director full and complete records of all decisions involving the interpretation of the provisions of this chapter, which records shall be open to public inspection during all regular business hours. (Ord. 2794 § 1, 2/11/1994; Ord. 2525 § 1, 3/15/1989; Ord. 1887 § 3, 7/15/1976; Ord. 1802 § 3, 11/29/1973; Ord. 1796 § 7, 7/16/1973) 2.52.080 - Variance—Application. A. All application for variances permitted by this chapter shall be submitted in writing to the Department of Community Development office. Each such application shall contain the name and mailing address of the applicant or applicants, the legal description of the property for which the variance is requested, the nature of the variance requested and a concise statement as to the reasons why such property is needed for and suited to such variance. The application shall be accompanied by a plot plan, drawn to scale, showing the dimensions of any and all existing structures and all structures to be erected on the property involved and the yard areas thereof. The Board or Community Development personnel may, at any time, require the applicant to furnish such additional written information as may be necessary to enable the Board to determine whether such application should or should not be granted. With each application, filed for a special property use, there shall be paid by the applicant, at the time of filing the application with the Department of Community Development, a fee in an amount to be set by the City Council by resolution from time to time, to defray the City's costs and expenses in processing such application, including the publication and mailing of the notices hereinafter required. All fees so collected by the office of the Department of Community Development shall be surrendered at least once each month to the office of the City Treasurer who shall deposit the same in the City's General Fund. B. The Department of Community Development shall fix a time, date and place for public hearing on such application, which date shall not be less than 15 days after notice given in the following manner: 1. By United States mail addressed to the applicant and to the owners of all adjoining or abutting property. (Property separated from the proposed use by a street, highway or other public road or alley shall be construed to be adjoining or abutting for the purpose of giving notice; and notices addressed to the last known address of the person making the latest property tax payment shall be deemed proper notice to the owner of such property.); 2. By printed notice posted in a conspicuous place at or near the location of the proposed use; 3. By publishing notice thereof in the official newspaper of the City. Such notice shall contain the name of the applicant or applicants, the legal description of the property involved, the special property use requested, the date, time and place of the public hearing thereon and shall specify Proposed Municipal Code Amendments p.18 that any person interested may appear at such public hearing and be heard either for or against such application. C. At such public hearing, the Board shall proceed to hear all persons present who desire to be heard either for or against such application and shall render its decision upon such application at the conclusion of such hearing or as soon thereafter as reasonably possible. Any building permit thereafter issued for such property shall be in accordance with and subject to all terms and conditions contained in the decision of the Board. D. The Board shall maintain in the office of the Department of Community Development full and complete written records of all proceedings, factual findings and conclusions reached on any and all such applications. (Ord. 3111 § 1, 3/15/2002; Ord. 2525 § 1, 3/15/1989; Ord. 1887 § 4, 7/15/1976; Ord. 1796 § 8, 7/26/1973) 2.52.090 - Variance—Approval time limit. Whenever the Board shall by its decision authorize the issuance of a permit for a variance if such building permit and/or occupancy permit is not obtained by the applicant within one year from the date of the Board's decision, the Board's decision shall cease to be effective. (Ord. 2335 § 1, 4/10/1985; Ord. 1796 § 9, 7/26/1973) 2.52.100 - Variance—Permit revocation. In addition to all other penalties prescribed in this chapter whenever, in the opinion of the Planning Department, any person granted a permit for a variance fails to comply with all of the terms, conditions or limitations of such permit and of the decision of the Board authorizing the granting of such permit, he shall issue an order, in writing, requiring that all further work on the premises or use thereof be stopped until the violation has been corrected. If the violation be not corrected or if the work on the premises or use thereof be not stopped or suspended until such violation is corrected, the Planning Department shall give written notice to the owner or occupant of the premises deemed in violation that the Planning Department will apply to the Board for an order revoking the permit for the variance. Such written notice shall specify the time, the date and place when the Planning Department will appear before the Board to request such revocation and shall advise the owner or occupant of the premises deemed to be in violation that such owner or occupant is at liberty to appear and be heard with respect to the request of the Planning Department for such revocation. Such notice shall be mailed to the owner or occupant of the premises deemed in violation, by certified mail with a return receipt requested, at least five days prior to the date specified in such notice as being the date of the hearing. At the hearing, the Board shall have the power to sustain or overrule the order of the Planning Department and to revoke the permit granted for such variance. The affirmative vote of a majority of the entire Board shall be necessary before the order of the Planning Department is declared to be overruled. The Board shall keep in the office of the Planning Department full and complete written records of all proceedings, factual findings and conclusions of the Board in all such hearings. (Ord. 2525 § 1, 3/15/1989; Ord. 1887 § 5, 7/15/1976; Ord. 1796, § 10, 7/26/1973) Proposed Municipal Code Amendments p.19 2.52.110 - Stay of proceedings. An application to the Board for any variance or for any review of the Building Inspector's or Planning Department's interpretation of the provisions of the Zoning Ordinance or of any orders, requirements, decisions or determinations related thereto made by the Building Inspector or Planning Department shall operate to stay all further proceedings by the Building Inspector or Planning Department, unless the Building Inspector or Planning Department certifies to the Board and the Board finds that, by reasons of facts stated in the certification, a stay would cause imminent peril to life or property, in which case, such action shall not be stayed otherwise than by a restraining order issued by the Superior Court of the County. The findings and decisions of the Board shall be transmitted to the office of the Building Inspector in relation to his interpretations and to the Planning Department in relation to its interpretations. (Ord. 2525 § 1, 3/15/1989; Ord. 1887 § 6, 7/15/1976; Ord. 1796 § 11, 7/26/1973) 2.52.120 - Appeals from decisions, orders. All decisions and orders of the Board shall be final and conclusive, unless, within 21 days from the date of the action, the original applicant or an adverse party files a petition for judicial review to the Superior Court of the County. (Ord. 2990 § 8, 5/15/1998; Ord. 2525 § 1, 3/15/1989; Ord. 1887 § 7, 7/15/1976; Ord. 1796 § 12, 7/26/1973) Proposed Municipal Code Amendments p.20 Title 14 1 14.36.090 - Removal of prohibited and nonconforming signs. A. The Building Division shall notify the business owner and the sign owner or lessee and the owner of the property of each sign that is either a prohibited or nonconforming sign under the terms of this chapter. Signs advertising a business or the sale of a product must be removed when: 1. A business is no longer operating; or 2. A product is no longer being sold on the premises; or 3. The sign is prohibited under the terms of this chapter. B. Signs advertising a business no longer operating must be removed upon closure of the business. Signs advertising a product no longer being sold on the premises must be removed upon cessation of the sale of the product. A freestanding sign support structure that supported a sign that advertised a business or sale of a product no longer functioning operating or being sold on the premises shall be removed within one yearsix months of closure of the business. An extension of this time period may be requested by appeal submitting a written letter requesting an extension to the Director of the Community and Economic Development DepartmentDirector. Such extension shall only be considered for conforming sign structures when use of the structure is imminent and/or retention is deemed to be valuable to the integrity of the site. C. Failure to remove a sign or freestanding sign support structure as required by this section is a violation of this chapter. In the event of such violation, the City shall have all rights and remedies available at law. In addition, and not in limitation of its rights and remedies otherwise available at law, the City, in its discretion, may remove the sign or cause it to be removed and place a lien against the property for the cost of such removal. D. C. Any sign legally erected before November 15, 2002 whichthat is a of a type of sign permitted type of sign under PAMC 14.36.070, but which does not conform to the specific requirements for that type of sign, and which was legally erected before November 15, 2002, shall be classified as legal nonconforming and may remain in use. (Ord. 3515 § 1, 10/21/2014; Ord. 3389 § 2, 1/30/2010; Ord. 3126 § 1 (part), 11/15/2002; Ord. 2604 § 1, 7/14/1990; Ord. 2580 § 1, 4/25/1990; Ord. 2542 § 6, 7/30/1989; Ord. 2182 § 5, 12/14/1981; Ord. 2152 § 9, 7/1/1981) 14.40.030 - Parking space requirements—Generally. For all land uses there shall be established and maintained permanent off-street parking spaces, either on the zoning lot of the use, or, if the affected property owners and the Community Development Director agree through the execution of an appropriate agreement and easement in a form acceptable to the City Attorney and if appropriate identification signage is provided, within 200 feet of the property boundaries (excluding public streets and alleys) of the zoning lot. The required number of parking spaces shall be determined as follows: A. The number of required spaces shall be determined either by reference to the number of required parking spaces per Table A or by using one of the alternate methods in subsection C. of this section. Proposed Municipal Code Amendments p.21 Title 14 2 B. If applicable, Sections 14.40.080 through 14.40.110 shall then be used to determine whether the number of spaces required by subsection A. of this section is modified. C. If Table A of subsection A. of this section is not used to determined the number of required parking spaces, one of the following alternate methods of determining the required parking for a particular development shall be used: 1. Determine the number of parking spaces required by a parking plan approved by the Planning Commission based on the number of employees and customers on-site during the peak hours of operation taking into consideration duration of parking use (i.e., turnover rate) and any reduction in single occupant vehicles due to a transportation demand management assessment prepared per Section 14.40.030.C.2.; or 2. Prepare a transportation demand management assessment that meets the approval of the Planning Commission per Section 14.40.050; or 3. Obtain Planning Commission approval of a parking variance per Section 14.40.130. D. If the following criteria are satisfied, then the parking requirements of Table A of subsection A. above may be reduced accordingly. 1. Parking requirements may be reduced in direct ratio for each percentage point of access provided by non-single occupant vehicle. 2. Parking requirements may be reduced by ten percent if a bus stop or other mass transit facility is located within 500 feet of the project site. 3. Parking requirements may be reduced in direct ratio for each percentage point of parking provided by cooperative parking agreement per Section 14.40.080. E. Anytime the required parking calculations result in a fraction of a parking space, the number of required parking spaces shall be rounded down to the nearest whole parking space. (Ord. 3161 § 1 (part), 4/30/2004; Ord. 3135 § 1, 2/24/2003; Ord. 2787 § 2, 12/28/1993; Ord. 2703 § 1, 8/14/1992; Ord. 2228 § 2, 8/31/1982; Ord. 1588 § 2, 6/15/1966) 14.40.090 - Parking space requirement modification—New uses in existing structures. A change of use in a building or structure that exists as of April 25, 2004, that does not change these Building Code occupancy classification of the existing building or structure may occur without provision of additional off-street parking spaces unless the floor area of the building or structure is increased. (Ord. No. 3478, § 5, 5-21-2013; Ord. 3161 § 1 (part), 4/30/2004; Ord. 2765, § 2, 6/25/1993; Ord. 2740 § 1, 1/29/1993; Ord. 2667 § 1, 1/17/1992; Ord. 2228 § 12, 8/31/1982; Ord. 2097 § 1, 8/19/1980; Ord. 2028 § 4, 6/17/1979; Ord. 1588 § 12, 6/15/1966) PARKING REQUIREMENT TABLE "A" LAND USE PARKING SPACE REQUIREMENT Automobile Services Automobile service and repair shops Three parking spaces plus one for each mechanical bay Automobile sales dealerships Two per employee Proposed Municipal Code Amendments p.22 Title 14 3 Gas stations with convenience stores One parking space for each employee with a minimum of six parking spaces. Drive aisles must accommodate two cars per pump. Commercial Activities Banks, professional and business offices One parking space for each 400 square feet of floor area Bowling alleys Six parking spaces for each alley Furniture/appliance stores and laundries One parking space for each 600 square feet of floor area Night clubs and lounges One parking space for each 50 square feet of floor area Retail stores One parking space for each 300 square feet of floor area Skating rinks and other commercial recreational places One parking space for each 200 square feet of floor area Theaters One parking space for each three seats Music, dance, art, and other academies Eight parking spaces for each classroom Food Service Activities Food/grocery stores One parking space for each 300 square feet of floor area Restaurants, taverns, and any other establishments for the sale and consumption of food, alcoholic beverages, or refreshments One parking space for each 125 square feet of floor area of the building Food and beverage establishments that do not have on-site seating One parking space for each employee and three per drive- up window Personal Services Barber, beauty shops, tanning salons, physical therapy, and similar services Two parking spaces per station (office area at one for each 400 square feet) Day care centers Two parking spaces plus one unloading space for those centers serving 12 or fewer children; One parking space per employee plus two parking spaces for unloading for centers of more than 12 children Proposed Municipal Code Amendments p.23 Title 14 4 Laundromats One parking space per washing machine Medical Services Medical and dental offices Six parking spaces per doctor. When licensed practitioners are working in the medical office along with the doctor(s), two additional parking spaces are required for each independent practitioner/service provider. Hospitals As determined by the Planning Commission Research, dental, x-ray laboratories One parking space for each 200 square feet of floor area Residential and Lodging Uses Residential dwelling units One parking space per every dwelling unit with one bedroom or less / two parking spaces per dwelling units with two or more bedroomsTwo parking spaces per dwelling unit Rooming and lodging uses One parking space for each sleeping unit Nursing and convalescent homes, assisted living facilities, adult family homes, group homes, sanitariums One parking space for each three beds For residential uses, one on-street parking space can be counted toward the total required parking per dwelling unit when the property is on a street that meets current street design standards with a minimum 8 foot parking lane and there is 22 feet of unrestricted, on-street parking directly adjacent the property Public and Institutional Uses Libraries *One parking space for each 400 feet of floor area Museums One parking space for each 300 feet of floor area Schools: Junior colleges and technical schools Elementary schools Middle schools Preschools Senior high schools As determined by the Planning Commission One parking space for each classroom Three parking spaces for each classroom Ten parking spaces for each classroom Six parking spaces for each classroom Proposed Municipal Code Amendments p.24 Title 14 5 Social clubs, lodges, fraternal organizations w/o fixed seating One parking space for each 50 square feet of floor area of the building Areas of assembly without fixed seating shall provide seating As determined by the Planning Commission Churches, stadiums, sports areas, and other such places of assembly with fixed seating One parking space for each three fixed seats Senior centers One parking space for every 135 square feet of floor area Industrial Uses Manufacturing uses One parking space for each three employees with a minimum of ten spaces Trucking and transportation terminals Minimum of ten spaces Wholesale stores, warehouses, storage buildings One parking space for each two employees and one parking space for every 1,000 square feet of gross building areaOne parking space for each two employees with a minimum of ten parking spaces Public and Quasi-Public Recreation Uses Parks and playgrounds As determined by the Planning Commission Public and private golf courses As determined by the Planning Commission Swimming pools Ten parking spaces for each 1,000 square feet of pool surface area Unspecified Uses If a use is not otherwise specifically mentioned in this section, the requirements for off-street parking facilities shall be the same as the requirements for the most similar use listed herein as determined by the Director of the Department of Community Development. Mixed Uses In the case of a mixture of uses on one lot or in one building, the total requirements for off-street parking facilities shall be the sum of the requirements for the various uses computed separately. Proposed Municipal Code Amendments p.25 Title 14 6 Cooperative and Shared Parking Provisions Parking facilities may be cooperatively used by different land uses when the times of the uses are not simultaneous. Parking facilities may be shared when the times are not simultaneous through a parking agreement with the property owners and when the parking is located no further than 500 feet from the property requiring the parking. (Ord. No. 3441, § 2, 11-15-2011) Proposed Municipal Code Amendments p.26 CHAPTER 17.08 - DEFINITIONS 17.08.001 - General. The following words, terms, and phrases, when used in this title, shall have the meanings ascribed to them in this chapter, except where the context clearly indicates a different meaning. (Ord. 3089 § 2 (part), 6/29/2001; Ord. 2652 § 1 (part), 9/27/1991; Ord. 1709 § 1 (part), 12/22/1970) 17.08.002 - Definition rules. In the construction of theese City’s Zoning Regulations, the rules and definitions contained in this section shall be observed and applied, except when the context clearly indicates otherwise. A. Words used in the present tense shall include the future; words used in the singular shall include the plural, and the plural shall include the singular. B. The word "shall" is mandatory and not discretionary. C. The word "may" is permissive. D. The word "lot" shall include the words "piece" and "parcel"; the word "building" includes all other structures of every kind regardless of similarity to buildings; and the phrase "used for" shall include the phrases "arranged for," "designed for," "intended for," "maintained for," and "occupied for." (Ord. 3272, 2/16/2007; Ord. 2652 § 1 (part) 9/27/1991; Ord. 1709 § 1 (part), 12/22/1970) 17.08.010 - "A." A. Accessory building or use. One which is the subordinate and incidental use of land or buildings on a lot to and serves a principal building or principal use and which is located on the same zoning lot as the principal building or principal use served. A use is considered accessory when it occupies less than 50 percent of a building’s total square footage. (Ord. 3042 § 3 (part) 1/28/2000; Ord. 2921 § 1, 6/28/1996; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2652 § 1 (part), 9/27/1991; Ord. 1709 § 1 (part), 12/22/1970) B. Accessory residential unit (ARU). 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 distinguishable from a duplex in that, unlike a duplex, it is clearly incidental to a detached primary single-family residence both in use and appearance. ARUs must abide by the ARU development standards established by the City’s Zoning Regulations. is less than 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. Proposed Municipal Code Amendments p.27 (Ord. 3548 § 2, 1/5/2016; Ord. 3478 § 7, 5/21/2013; Ord. 3042 § 3 (part) 1/28/2000; Ord. 2861 § 1 (part), 3/17/1995) C. Adult family home. A one family dwelling of a person or persons who are providing personal care, room and board to more than one but not more than six adults who are not related by blood or marriage to the person or persons providing the services and who are licensed by the State of Washington pursuant to Chapter 70.128 RCW and Chapter 388.76 WAC (Adult Family Home regulations). (Ord. 3517 § 2, 10/21/2014; Ord. 2948 § 5 (part), 2/14/1997; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2652 § 1 (part), 9/27/1991) D. Affordable housing. Residential housing available for sale or rent that requires a monthly housing cost, including utilities other than telephone, of no more than 30 percent of the income of an eligible household. An eligible household is one with a total household income no greater than 80 percent of the Clallam County median income as reported by the Washington State Office of Financial Management. (Ord. 3343 § 1, 1/1/2009) E. Alley. A public right-of-way which provides service access to abutting property. (Ord. 2861 § 1 (part), 3/17/1995; Ord. 2652 § 1 (part), 9/27/1991; Ord. 1709 § 1 (part), 12/22/1970) F. Amendment. A change in language of the zoning text which is an official part of these Zoning Regulations. (Ord. 2861 § 1 (part), 3/17/1995) 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 non-commercial animal husbandry, private horse stables, up to three dogs and cats which are not house pets, or house pets. (Ord. 3053 § 1 (part), 6/16/2000) H. Animal husbandry, non-commercial. The care and raising of animals for non-commercial purposes, provided that this shall not include private non-commercial horse stables, kennels, up to three dogs and cats which are not house pets, or house pets. (Ord. 3548 § 2, 1/5/2016; Ord. 3053 § 1 (part), 6/16/2000) I. Antenna. Any pole, panel, rod, reflection disc including satellite earth station antenna as defined by 47 CFR Sections 1.4000 and 25.104, or similar device used for the transmission and/or reception of radio frequency signals. (Ord. 3089 § 2 (part), 6/29/2001) Proposed Municipal Code Amendments p.28 J. Antenna support structure. Any building or structure other than a tower which can be used for location of telecommunications facilities. (Ord. 3089 § 2 (part), 6/29/2001) K. Apartment. A room, or a suite of two or more rooms in a multiple occupancy dwelling building, occupied or suitable for occupancy as a dwelling unit for one family. L. Apartment building. A multiple occupancy building other than a hotel or motel that contains five or more dwelling units. (Ord. 3548 § 2, 1/5/2016; Ord. 3089 § 2 (part), 6/29/2001) L.M. Applicant. Any person that applies for approval from the City. (Ord. 3089 § 2 (part), 6/29/2001) M.N. Application. The process by which the owner of a parcel of land within the City submits a request to develop, construct, build, modify, erect or use such parcel of land. "Application" includes all written documentation, verbal statements, and representations, in whatever form or forum, made by an applicant to the City concerning such a request. (Ord. 3089 § 2 (part), 6/29/2001) N.O. Artisan manufacturing, Production of goods by the use of hand tools or small-scale, light mechanical equipment occurring solely within an enclosed building where such production requires no outdoor operations or storage, and where the production, operations, and storage of materials related to production occupy no more than one building on a lot. Typical uses have negligible negative impact on surrounding properties and may include uses such as, but not limited to, woodworking and cabinet shops, ceramic studios, jewelry manufacturing and similar types of arts and crafts, makers spaces, production of alcohol and food processing. P. Assisted living facility. 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 or more residents) and may also provide domiciliary care consistent with Chapter 142, laws of 2004 in Chapter 18.20.020 RCW. (Ord. 3517 § 2, 10/21/2014; 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. Bed and breakfast is a single-family residence located in a residential zone which remains owner-occupied at all times and that contains one kitchen and shared dining area that provides lodging for guests and travelers for a period of up to 30 days, and where food service is limited to breakfast which may be served to overnight guests only. serving primarily breakfast to people registered to use the facility for lodging or special events. Bed and breakfasts are outright Proposed Municipal Code Amendments p.29 permitted uses in all commercial zones, residential high density, and residential medium density zones, but are a conditional use in residential single-family zones. (Ord. 3517 § 2, 10/21/2014) B. Breezeway a roofed open-sided passageway connecting two buildings. (Ord. 3517 § 2, 10/21/2014; Ord. 3390 § 1, 1/30/2010) C. Building, accessory. (See “accessory building or use”). One which is subordinate and detached from a principal building, which is located on the same zoning lot as the principal building. (Ord. 3517 § 2, 10/21/2014; Ord. 3126 § 2 (part), 11/15/2002; Ord. 2652 § 1 (part), 9/27/1991; Ord. 1709 § 1 (part), 12/22/1970) D. 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. 3517 § 2, 10/21/2014; 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) E. 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. 3517 § 2, 10/21/2014; 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) F. Building, residential. A building arranged, designed, used, or intended to be used for residential occupancy by one or more families or lodgers. (Ord. 3517 § 2, 10/21/2014; 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) G. 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. 3517 § 2, 10/21/2014; 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) H. Business parking lot and/or structures. A commercial off-street parking lot or structure used exclusively for parking and/or storage of vehicles. (Ord. 3517 § 2, 10/21/2014; Ord. 3272, 2/16/2007; Ord. 2652 § 1 (part), 9/27/1991; Ord. 1709 § 1 (part), 12/22/1970) 17.08.020 - "C." Proposed Municipal Code Amendments p.30 A. Carport. An accessory building or an accessory portion of the main building designed and used primarily for the shelter or storage of vehicles. It is not an enclosed structure and it does not contain a door which would allow vehicles to pass into the structure: it is open on two or more sides. (Ord. 2652 § 1 (part), 9/27/1991; Ord. 1709 § 1 (part), 12/22/1970) B. Casino. An establishment for the purpose of providing unrestricted gambling opportunity as regulated by the Washington State Gambling Commission. Activities regulated under casinos do not include mini-casinos, enhanced card rooms, public card rooms, social card rooms, pull tabs, punch cards, fund raising events sponsored by nonprofit organizations, bingo, state run lottery games, turkey shoots, raffles, sports pools, or other amusement games. (Ord. 3180 § 1 (part), 12/17/2004) C. Child day-care. Child day-care means the developmentally appropriate care, protection, and supervision of children that is designed to promote positive growth and educational experiences for children outside the child's home for periods of less than twenty-four hours a day is the provision of supplemental parental care and supervision for a non-related child or children, on a regular basis, for less than 24 hours a day, and under license by the Washington State Department of Social and Health Services. The term is not intended to include baby-sitting services of a casual, non-recurring nature, or in the child's own home. Likewise, the term is not intended to include cooperative reciprocated child care by a group of parents in their respective homes. (Ord. 3180 § 1 (part), 12/17/2004; Ord. 2652 § 1 (part), 9/27/1991) D. Child day-care center. A child day-care center a facility licensed by the Washington State Department of Early Learning where child care or early childhood education and early learning services are provided for thirteen or more children.provides for the care of 13 or more children. The child day- care center shall not be located in a private family residence unless the portion of the residence where the children have access is used exclusively for the children during the hours the center is in operation or is separate from the usual useable living quarters of the family. (Ord. 3180 § 1 (part), 12/17/2004; Ord. 2652 § 1 (part), 9/27/1991) E. Commission the appointed Planning Commission. (Ord. 3180 § 1 (part), 12/17/2004; Ord. 2652 § 1 (part), 9/27/1991; Ord. 1709 § 1 (part), 12/22/1970) F. Common usable open space: Area within a planned overlay development which is accessible and usable to all occupants of the development and the City, which is: 1. Land which is unoccupied by nonrecreational buildings, parking areas, or traffic circulation roads; or 2. Land which is dedicated to recreational buildings, structures or facilities; or 3. Land which is dedicated to an open space purpose of the planned overlay development such as preservation of natural features. To be considered common usable open space for recreational purposes, the open space must be usable for specific or multi-purpose activities, be located on generally level land, be regularly shaped and contain a minimum of 1,000 square feet. Proposed Municipal Code Amendments p.31 (Ord. 3548 § 2, 1/5/2016; Ord. 3180 § 1 (part), 12/17/2004) G. Community center, A building or portion of a building used for nonprofit cultural, educational, recreational, religious or social activities which is open to the public or a designated part of the public, usually owned and operated by a public or nonprofit group or agency. Examples of community centers are schools, places of worship (church, mosque, synagogue, temples, etc.), Boys and Girls Clubs, and similar uses. Community center does not include fraternities, lodges or similar uses and does not include human service facilities, transitional housing or similar uses. G.H. Conditional use permit (CUP). A limited permission to locate a particular use at a specific location, where which limited permission is required in order to modify review the controls stipulated by these regulations on a case-by-case basis and to such degree as to assure that the particular use shall not prove detrimental to surrounding properties, shall not be in conflict with the City’s Ccomprehensive Pplan, and shall not be contrary to the public interest. The City has some conditional uses that may be processed as an Administrative CUP, where the Director of Community and Economic Development is the approval authority. All other conditional uses are considered a General CUP, where the City Hearing Examiner is the approval authority. (Ord. 3517 § 2, 10/21/2014; Ord. 3180 § 1 (part), 12/17/2004; Ord. 2652 § 1 (part), 9/27/1991; Ord. 1709 § 1 (part), 12/22/1970) HI. Conditional use a use permitted in a zone when authorized by the appropriate approval authority but which requires a special degree of control review and may be subject to certain conditions to make such use consistent and compatible with other existing or permissible uses in the same zone. (Ord. 3180 § 1 (part), 12/17/2004; Ord. 2652 § 1 (part), 9/27/1991; Ord. 1709 § 1 (part), 12/22/1970) I J. Conforming building or structure a building that complies with all sections of these Zoning Regulations or any amendment thereto governing size, height, area, location on the lot, for the zone in which such building or structure is located. (Ord. 3180 § 1 (part), 12/17/2004; Ord. 2652 § 1 (part), 9/27/1991; Ord. 1709 § 1 (part), 12/22/1970) J.K. Conforming lot a lot that contains the required width, depth and square footage as specified in the zone in which the lot is situated. (Ord. 3180 § 1 (part), 12/17/2004; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2652 § 1 (part), 9/27/1991; Ord. 1709 § 1 (part), 12/22/1970) K.L. Conforming use a use that is listed as a permitted, accessory or conditional use in the zone in which the use is situated. (Ord. 3180 § 1 (part), 12/17/2004; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2652 § 1 (part), 9/27/1991; Ord. 1709 § 1 (part), 12/22/1970) L.M Conference center, a facility used for conferences and seminars, or other community events promoting tourism, which may include accommodations for sleeping, food preparation and eating, recreation, entertainment, resource facilities, meeting rooms, fitness and health facilities, retail and personal services primarily for the conference center guests. N. Council the City Council. Proposed Municipal Code Amendments p.32 (Ord. 3180 § 1 (part), 12/17/2004; Ord. 2652 § 1 (part), 9/27/1991; Ord. 1709 § 1 (part), 12/22/1970) M.0 Club or lodge, private a non-profit association of persons who are bona fide members paying annual dues, which owns, hires, or leases a building or portion thereof, the use of such premises being restricted to members and their guests. (Ord. 3180 § 1 (part), 12/17/2004; Ord. 2652 § 1 (part), 9/27/1991; Ord. 1709 § 1 (part), 12/22/1970) 17.08.025 - "D." A. Density the ratio of the number of dwelling units per area of land, e.g., 7,000 square foot lots would allow for a maximum density of 6.22 dwelling units per acre. (Ord. 2861 § 1 (part), 3/17/95) B. Department of Community and Economic Development (DCED) means City of Port Angeles Community and Economic Development Department. (Ord. 3272, 2/16/2007) C. Detached building, see the definition for “building, accessory” a building separated a minimum of six feet from another building. (Ord. 3155 § 3, 1/30/2004) D. Development any activity which would alter the elevation of the land, remove or destroy plant life, cause structures of any kind to be installed, erected, or removed, divide the land into two or more parcels, or any use or extension of the use of the land. (Ord. 3155 § 3, 1/30/2004; Ord. 2861 § 1 (part), 3/17/1995) E. District a portion of a planning area which is defined by the primary uses located in that portion of the planning area. (Ord. 3155 § 3, 1/30/2004; Ord. 2861 § 1 (part), 3/17/1995) F. Dormitory a residence hall providing sleeping rooms, with or without eating facilities. (Ord. 3155 § 3, 1/30/2004; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2652 § 1 (part), 9/27/1991; Ord. 1709 § 1 (part), 12/22/1970) G. Duplex, see the definition for “Dwelling, two-family” a residential building containing two single- family dwelling units separate from each other within the four walls of the building. (Ord. 3272, 2/16/2007; Ord. 3155 § 3, 1/30/2004; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2652 § 1 (part), 9/27/1991; Ord. 1709 § 1 (part), 12/22/1970) H. Dwelling a building, or portion thereof, but not an automobile house trailer, designed or used exclusively for residential occupancy, including single-family dwellings, two-family dwellings, and multi-family dwellings, which dwellings are that is used exclusively for human habitation and is constructed in accordance with the International* Building Code. or, in the case of single-family dwellings, are constructed as mManufactured homes need to be constructed in accordance with Proposed Municipal Code Amendments p.33 these requirements set forth in PAMC 17.08.070.A., A dwelling does not include an automobile house trailer nor does it is include but not including hotels, motels or lodging houses. *"Uniform Building Code" updated to "International Building Code" (Ord. 3272, 2/16/2007; Ord. 3155 § 3, 1/30/2004; Ord. 2926 § 1 (part), 8/16/1996; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2652 § 1 (part), 9/27/1991; Ord. 1709 § 1 (part), 12/22/1970) I. Dwelling, multi-family a building or a portion thereof containing three or more dwelling units. (Ord. 3155 § 3, 1/30/2004; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2652 § 1 (part), 9/27/1991; Ord. 1709 § 1 (part), 12/22/1970) J. Dwelling, single-family a building containing one dwelling unit only. (Ord. 3272, 2/16/2007; Ord. 3155 § 3, 1/30/2004; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2652 § 1 (part), 9/27/1991; Ord. 1709 § 1 (part), 12/22/1970) K. Dwelling, two-family (or duplex) a building containing two single-family dwelling units only separate from each other. (Ord. 3155 § 3, 1/30/2004; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2652 § 1 (part), 9/27/1991; Ord. 1709 § 1 (part), 12/22/1970) L. Dwelling unit one or more rooms which are arranged, designed or used for occupancy as separate living quarters for one the exclusive use of a single family maintaining a household. only. Complete single Permanently installed kitchen facilities, permanently installed, shall always be included provided within for each the dwelling unit. as well as sleeping and sanitary facilities. (Ord. 3180 § 1 (part), 12/17/2004; Ord. 3155 § 3, 1/30/2004; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2652 § 1 (part), 9/27/1991; Ord. 1709 § 1 (part), 12/22/1970) 17.08.030 - "E." A. Engineer means a professional civil engineer, licensed by and in good standing in the State of Washington. (Ord. 3180 § 1 (part), 12/17/2004; Ord. 3089 § 2 (part), 6/29/2001) B. Enlargement an increase in the size of an existing structure or use, including physical size of the property, building, parking, and other improvements. (Ord. 3089 § 2 (part), 6/29/2001; Ord. 3009 § 3, 2/12/1999) C. Entertainment services, establishments engaged in providing entertainment for a fee, including such activities as dance halls, studios, visual and/or performing arts, theatrical productions, bands, orchestras, and other musical entertainment. D. Environmentally sensitive area an area which includes any of the following critical areas and ecosystems: wetlands, streams or stream corridors, frequently flooded areas, geologically hazardous areas (erosion, landslide, or seismic hazard areas), significant fish and wildlife habitat areas, and locally unique natural features (ravines, marine bluffs, or beaches and associated coastal drift processes). Proposed Municipal Code Amendments p.34 (Ord. 3089 § 2 (part), 6/29/2001; Ord. 3009 § 3, 2/12/1999; Ord. 2861 § 1 (part), 3/17/1995) D.E. Erected construction of any building or structure or the structural alteration of a building or structure, the result of which would be to change the exterior walls or roof or to increase the floor area of the interior of the building or structure. (Ord. 3089 § 2 (part), 6/29/2001; Ord. 3009 § 3, 2/12/1999; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2652 § 1 (part), 9/27/1991; Ord. 1709 § 1 (part), 12/22/1970) E.F. Establishment, business or commercial a place of business carrying on an operation, the ownership and management of which are separate and distinct from those of any other place of business located on the same zoning lot. (Ord. 3089 § 2 (part), 6/29/2001; Ord. 3009 § 3, 2/12/1999; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2652 § 1 (part), 9/27/1991; Ord. 1709 § 1 (part), 12/22/1970) F. G. Existing (pre-existing) a use, lot, or building that existed at the time of the passage of these the City’s Zoning Rregulations, or prior to January 4, 1971. H. Extended stay lodging, lodging or guest rooms used, rented or occupied for guest sleeping purposes for a period of time 30 days or less, and that contain kitchen facilities for food preparation, including, but not limited to, refrigerators, stoves and ovens. This definition includes dwelling units used, rented or hired out for vacation homes or short-term rentals that allow guests to stay for 30 days or less. Dwelling units used, rented or hired out for longer than 30 days are considered long-term rentals and not extended stay lodging. (Ord. 3089 § 2 (part), 6/29/2001; Ord. 3009 § 3, 2/12/1999; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2652 § 1 (part), 9/27/1991; Ord. 1709 § 1 (part), 12/22/1970) 17.08.035 - "F." A. Family one person or two or more legally related persons living together, or not more than six unrelated persons living together as a single, nonprofit, housekeeping unit; provided that there shall not be more than four unrelated persons living together with legally related persons as a single, nonprofit, housekeeping unit. (Ord. 2652 § 1 (part), 9/27/1991) B. Family daycare provider (or family home child care) a family day-care home regularly provides day- care during part of the 24-hour day to 12 or fewer children, incidental to a primary residential use. a facility licensed by the Washington State Department of Early Learning where child care or early childhood education and early learning services are provided for twelve or fewer children in the family living quarters where the licensee resides. (Ord. 2652 § 1 (part), 9/27/1991) C. Farming, commercial the planting and cultivating of crops for agricultural or other commercial purposes, provided that this shall not include private gardening or greenhouse structures accessory to single-family residences. (Ord. 3180 § 1 (part), 12/17/2004; Ord. 3053 § 1 (part), 6/16/2000) Proposed Municipal Code Amendments p.35 D. Fence that which a structure that is built, constructed, or composed of parts joined together of material in some definite manner in which the prime purpose is to separate and divide, partition, enclose, or screen a parcel or parcels of land. Fences may be constructed of wood, masonry, ornamental metal, or other such materials. For the purpose of this ordinance, plant materials are not considered a fence. (Ord. No. 3441, § 6, 11-15-2011; Ord. 3272, 2/16/2007; Ord. 2652 § 1 (part), 9/27/1991; Ord. 1709 § 1 (part) 12/22/1970) E. Fuel yard or bulk plant that portion of a property where flammable or combustible liquids are received by tank vessel or tank vehicle and are stored or blended in bulk for the purpose of distributing such liquids by tank vessel, tank vehicle, portable tank or container for subsequent resale and not to the consuming public. (Ord. 3053 § 1 (part), 6/16/2000; Ord. 2999 § 2 (part), 9/11/1998) 17.08.040 - "G." A. Garage, a deck, building or parking structure, or part thereof, used or intended to be used for the parking and storage of vehicles. A.B. Garage, private residential a building or structure that is accessory to a single- or two-family dwelling, other than a portion of the main building, enclosed on not less than three sides, and designed or used only for the parking and shelter or storage of vehicles, primarily only those vehicles belonging to the occupants of the main building.dwelling. (Ord. 2652 § 1 (part), 9/27/1991; Ord. 1709 § 1 (part) 12/22/1970) B.C Garage, public a structure or portion thereof, other than a private customer and employee garage or private residential garage, used primarily for the parking and storage of vehicles and available to the general public.a building or structure other than a private garage, used for the care, repair, or storage of automobiles, or where motor vehicles are kept for remuneration, hire, or sale. D. Garage, repair a building or structure other than a private residential garage, used for the care, repair, or storage of automobiles and not the same as a service station as defined within these regulations. (Ord. 2652 § 1 (part), 9/27/1991; Ord. 1709 § 1 (part) 12/22/1970) C. Group home a non-independent, non-family, housekeeping unit in which the residents are assisted by an outside agency or organization. Some examples of group homes include state licensed homes for the handicapped and physically disabled, homes for the mentally ill, homes for those with developmental disabilities, except that group homes do not include adult family homes, supported living arrangements or residential care facilities. They also include state licensed group homes for residential centers for rehabilitation from alcohol and drugs, and transitional housing for victims of domestic violence. D. Group living, A building, portion of a building or a complex of buildings under unified control and management which contains facilities for living, sleeping, sanitation, eating and cooking for occupancy for residential uses; and which does not otherwise meet the definition of another residential use defined in this chapter and does not include any type of group living facility that is licensed by the State of Washington. Eating and cooking areas may be shared in whole or part. Proposed Municipal Code Amendments p.36 (Ord. 2796 § 1 (part), 2/11/1994) 17.08.045 - "H." A. Height the total distance in feet from average ground elevation at perimeter walls as determined by the final grade noted on the building plan approved by the City to the highest point of the structure. The final grade shall not exceed the pre-alteration grade as it existed prior to excavation. For the purposes of this title, a grade is established only when the City Building Inspector verifies the grade. The height restrictions in this title shall not apply to church spires, monuments, chimneys, antennas, water towers, elevator towers, mechanical equipment, and other similar rooftop appurtenances usually required to be placed above the roof level and/or not intended for human occupancy or the provision of additional habitable space; provided that mechanical equipment rooms and screening are set back at least ten feet from the edge of the roof and do not exceed the maximum building height by more than ten feet in height. Other architectural appurtenances such as ornamental cupolas parapets, and spires, not exceeding the maximum building height by more than ten feet in height and diameter, are also exempt from height requirements. (Ord. 3272, 2/16/2007; Ord. 3180 § 1 (part), 12/17/2004; Ord. 3155 § 4, 1/30/2004; Ord. 2954 § 1, 3/28/1997; Ord. 2742 § 1, 1/29/1993; Ord. 2652 § 1 (part), 9/27/1991; Ord. 1709 § 1 (part), 12/22/1970) B. Home occupation is an occupation or business activity which results in a product or service, is conducted in whole or in part in the dwelling unit, and is clearly incidental and subordinate to the residential use of the property. (Ord. 3180 § 1 (part), 12/17/2004; Ord. 2954 § 1, 3/28/97; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2652 § 1 (part), 9/27/1991; Ord. 2265 § 1 (part), 9/19/1983; Ord. 2103 § 1, 10/18/1980; Ord. 1709 § 1 (part), 12/22/1970) C. Hospital an institution specializing in giving clinical, temporary and emergency services of a medical or surgical nature to human patients and licensed by Washington State law. (Ord. 3180 § 1 (part), 12/17/2004; Ord. 2954 § 1, 3/28/1997; Ord. 2652 § 1 (part), 9/27/1991; Ord. 1709 § 1 (part), 12/22/1970) D. Hospital, mental (including treatment of alcoholics) an institution licensed by Washington State agencies under provisions of law to offer facilities, care, and treatment for cases of mental and nervous disorders and alcoholics. This use can include community residential service businesses. (Ord. 3180 § 1 (part), 12/17/2004; Ord. 2954 § 1, 3/28/1997; Ord. 2652 § 1 (part), 9/27/1991; Ord. 1709 § 1 (part), 12/22/1970) E. Hospice a facility for the terminally ill. (Ord. 3180 § 1 (part), 12/17/2004) F. Hostel a residential structure or commercial building where transient accommodations (daily or weekly) for the traveling public are provided and for which the accommodations contain no more than one shared kitchen facility and do not have individual sleeping rooms. Hostels are differentiated by housing type and/or owner occupancy as follows: Proposed Municipal Code Amendments p.37 1. Owner occupied single-family residential hostels are allowed in the same zones as bed and breakfasts. by approval of a special use permit. 2. Non-owner occupied commercial structure hostels are allowed by the same process and in the same zones as hotels and motels. (Ord. 3155 § 4, 1/30/2004) G. Hotel, a facility offering transient lodging accommodations to the general public and which may include additional facilities and services, such as restaurants, meeting rooms, personal services, etc. G.H. House pets domestic animals such as dogs, cats, fish, birds, rodents, and reptiles, not including inherently dangerous species of animals, which sleep and are primarily housed in a dwelling unit together with their owners. I. Human Service Facilities. Any office, store, assembly place, facility or community center, that the general purpose of which is to provide human need services directly and at no or reduced cost to individuals who do not have the means, ability or opportunity to obtain such services themselves. Offices or clinics where medical, dental, psychological or other such essential human services are provided shall not be considered human service facilities unless low or no cost services are provided to more than 50% of patients or clients. Human Service Facilities that provide on-site food, shelter and/or sleeping accommodations or beds are contained in 17.08.100(I) PAMC Transitional Housing. (Ord. 3155 § 4, 1/30/2004; Ord. 3053 § 1 (part), 6/16/2000) 17.08.050 - "I." A. Incidental in addition to and not interfering with or otherwise detracting from a main object; usually in these Zoning Regulations referring to a use in addition to a permitted use. (Ord. 2861 § 1 (part), 3/17/1995) B.A. Impervious surface a hard surface area that either prevents or retards the entry of water into the soil mantle as under natural conditions prior to development. A hard surface area which causes water to run off the surface in greater quantities or at an increased rate of flow from the flow present under natural conditions prior to development. (Ord. 3343 § 1, 1/1/2009) 17.08.055 - "J." A. Junk yard an open area where waste or scrap materials are bought, sold, exchanged, stored, baled, packed, disassembled, or handled, including but not limited to scrap iron and other metals, paper, rags, rubber tires, and bottles. A junk yard includes an auto wrecking yard but does not include uses established within enclosed buildings. (Ord. 2861 § 1 (part), 3/17/1995; Ord. 2652 § 1 (part), 9/27/1991; Ord. 1709 § 1 (part), 12/22/1970) 17.08.060 - "K." Proposed Municipal Code Amendments p.38 A. Kennel a place where four or more dogs or cats, four months old or older, or any combination of such dogs and cats, are kept, whether by the owners of the dogs and cats or by persons providing facilities and care, whether for compensation or not, provided that the number of dogs and cats counted shall not include house pets. (Ord. 3053 § 1 (part), 6/16/2000; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2652 § 1 (part), 9/27/1991; Ord. 1709 § 1 (part), 12/22/1970) B. Kitchen a room or space which is constructed or equipped to facilitate the washing, cooking, and storing of food; kitchen facilities include plumbing for sinks and electrical wiring for ovens and stoves. (Ord. 2861 § 1 (part), 3/17/1995) 17.08.065 - "L." A. Landfill, sanitary an area devoted to the disposal of refuse, including incineration, reduction, or dumping of ashes, garbage, combustible and non-combustible refuse, and industrial solid wastes. (Ord. 2861 § 1 (part), 3/17/1995) B. Legal building, structure, land use any building, structure or use of the land that complies with all zoning requirements. (Ord. 2861 § 1 (part), 3/17/1995; Ord. 2652 § 1 (part), 9/27/1991; Ord. 1709 § 1 (part), 12/22/1970) C. Legal nonconforming building or structure. A legally established building or structure which met the applicable zoning code requirements in effect at the time the building or structure was constructed, but which fails by reason of such adoption, revision or amendment of the Zoning Code, to conform to the present requirements of the zone in which it is located. (Ord. 3009 § 3 (part), 2/12/1999) D. Level of service an established minimum capacity of public facilities or services that must be provided per unit of demand or other appropriate measure of need. (Ord. 3009 § 3 (part), 2/12/1999; Ord. 2861 § 1 (part), 3/17/1995) E. Lot a lot is a zoning lot, except as the context shall indicate a lot of record, in which case a lot is a "lot, of record." A piece, parcel, plot, tract or area of land in common ownership created by subdivision or its legal equivalent for sale, lease or rent. A lot has the characteristics of being able to be occupied or capable of being occupied by one or more principal buildings, and the accessory buildings or uses customarily incidental to them, and including the open spaces required under this chapter, and having its principal lot frontage on a street. When one or more adjacent lots are held in common ownership, they shall be treated as a single lot for the purposes of development review and evaluation of compliance with the standards of the City’s Zoning Regulations. (Ord. 3009 § 3 (part), 2/12/1999; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2652 § 1 (part), 9/27/1991; Ord. 1709 § 1 (part), 12/22/1970) F. Lot area the total area within the lot lines of a lot, excluding any primary access easements or panhandles. (Ord. 3009 § 3 (part), 2/12/1999; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2796 § 2, 2/11/1994) Proposed Municipal Code Amendments p.39 G. Lot frontage, The length of the front lot line measured at the street right-of-way line. Alleys are not considered right-of-way providing a lot frontage. H. Lot, Irregular. A lot that has an irregular shape, such as narrow necks, points, legs and panhandles that supply the required minimum lot width. I. Lot line, a line of record bounding a lot that divides one lot from another lot or from a public or private street or any other public right-of-way or public space. J. Lot, Panhandle (also known as flag). A lot generally in the shape of a flag where access is typically provided by a narrow, private right-of-way or driveway also known as the “panhandle.” K. Lot types. A. Corner lot. A lot at a junction of, and fronting on, two or more intersecting streets, forming an interior angle of less than 135 degrees. B. Interior lot. A lot other than a corner or through lot. C. I. Lot, through a lot having two opposite lot lines abutting public streets which are usually more or less parallel to each other; not a corner lot. Double frontage or through lot. A lot having frontage on two parallel, or approximately parallel, streets. Both lot lines abutting streets shall be deemed front lot lines. Lots with rear alley frontage shall not be considered through lots. (Ord. 3009 § 3 (part), 2/12/1999; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2652 § 1 (part), 9/27/1991; Ord. 1709 § 1 (part), 12/22/1970) D. Reverse frontage lot. A double frontage or through lot that is not accessible from one of the parallel or nonintersecting streets on which it fronts. H. Lot, reverse corner a corner lot in which the rear property line coincides with the side property line of an abutting lot. (Ord. 3009 § 3 (part), 2/12/1999; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2652 § 1 (part), 9/27/1991; Ord. 1709 § 1 (part), 12/22/1970) Lot, corner a lot situated at the intersection of two or more streets. (Ord. 3009 § 3 (part), 2/12/1999; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2796 § 2, 2/11/1994; Ord. 2652 § 1 (part), 9/27/1991; Ord. 1709 § 1 (part), 12/22/1970) K L. Lot, zoning a single tract of land located within a single block, which at the time of filing for a building permit, is designated by its owner or developer as a tract to be used, developed, or built upon as a unit, under single ownership or control. A zoning lot may or may not coincide with a lot of record. (Ord. 3009 § 3 (part), 2/12/1999; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2796 § 2, 2/11/1994; Ord. 2652 § 1 (part), 9/27/1991; Ord. 1709 § 1 (part), 12/22/1970) K.M. Lot line, front that boundary of a lot which abuts a street. In the case of an interior lot, a line separating the lot from a street right-of-way , and in the case of a double frontage or through lot, a line separating the lot from a street right-of-way from which a drive access may be permitted and located by the City. In the case of a corner lot, a property owner may designate either line separating the lot from street right-of-ways as the primary front lot line, therefore creating a subsequent front lot line.When two or more boundaries abut a street, the boundary with the narrowest width shall be Proposed Municipal Code Amendments p.40 considered the front lot line, unless otherwise specified on a plat. On a panhandle lot, the front lot line and setbacks shall be determined during the subdivision approval process, or, if not determined during subdivision review, shall be determined by the Director of Community and Economic Development. For a lot with an irregular shape, narrow neck, point and panhandle, the front lot line is the shortest lot line adjoining the panhandle portion of the lot, excluding the unbuildable portion of the pole. (Ord. 3272, 2/16/2007; Ord. 3009 § 3 (part), 2/12/1999; Ord. 2948 § 5 (part), 2/14/1997; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2796 § 2, 2/11/1994; Ord. 2652 § 1 (part), 9/27/1991; Ord. 1709 § 1 (part), 12/22/1970) L. N. Lot line, rear that boundary of a lot which is most distant from and is most nearly parallel to the front lot line. (Ord. 3009 § 3 (part), 2/12/1999; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2796 § 2, 2/11/1994; Ord. 2652 § 1 (part), 9/27/1991; Ord. 1709 § 1 (part), 12/22/1970) M.O.Lot line, side any boundary of a lot which is not a front nor a rear lot line. (Ord. 3009 § 3 (part), 2/12/1999; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2796 § 2, 2/11/1994; Ord. 2652 § 1 (part), 9/27/1991; Ord. 1709 § 1 (part), 12/22/1970) P. Lot line, zero. A concept utilized to permit a structure or wall of a building to be located on a property line. N.Q. Lot coverage. 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. (Ord. 3548 § 2, 1/5/2016; Ord. 3009 § 3 (part), 2/12/1999; Ord. 2956 § 1, 4/25/1997; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2796 § 2, 2/11/1994) O. Lot of record a parcel of land that is registered as a lot or parcel of land in the records of the County Auditor. (Ord. 3009 § 3 (part), 2/12/1999; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2796 § 2, 2/11/1994; Ord. 2652 § 1 (part), 9/27/1991; Ord. 1709 § 1 (part), 12/22/1970) P. Lot width the horizontal distance between side lot lines of a lot measured at right angles to the lot depth along a straight line parallel to the front lot line at the minimum required building setback line. at the front setback line, provided the average horizontal distance between side lot lines must also meet or exceed the minimum lot width required. (Ord. 3332 § 1, 4/25/2008; Ord. 3009 § 3 (part), 2/12/1999; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2839, 10/14/1994; Ord. 2796 § 2, 2/11/1994) Q. Low-powered, networked telecommunications facilities those facilities with maximum transmitter peak output power that do not exceed one watt and are less than 14 inches by 16 inches by eight inches with an antenna no greater than 30 inches. Proposed Municipal Code Amendments p.41 (Ord. 3089 § 2 (part), 6/29/2001) 17.08.070 - "M." A. Manufactured home factory built, single-family structures that meet the National Manufactured Home Construction and Safety Standards Act (42 U.S.C. § 5401), commonly known as the HUD (U.S. Department of Housing and Urban Development) Code, and that also meets the following requirements: 1. Consists of two or more fully enclosed parallel sections each of not less than 12 feet wide by 36 feet long; 2. Bears an insignia issued by the appropriate federal agency indicating compliance with the construction standards of the U.S. Department of Housing and Urban Development (HUD), as amended and as approved by the State of Washington; 3. Is placed on an on-grade permanent foundation or on footings and piers or on blocks in accordance with HUD's specifications for the specific home and has skirting installed so that no more than one foot of the skirting is visible above grade; 4. Has all transport appurtenances removed; 5. Is served by underground electrical power; and 6. Was originally constructed with and prior to occupancy has a composition or wood shake or shingle, coated metal, or similar roof of not less than 3:12 pitch. (Ord. 3272, 2/16/2007; Ord. 2926 § 1 (part), 8/16/1996; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2796 § 3, 2/11/1994) B. Marina. A system of piers, buoys, or floats that provide a centralized site for extended moorage for more than four 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. (Ord. 3517 § 2, 10/21/2014) C. Massage. The method, art or science of treating the human body for hygienic, remedial or relaxation 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. 3517 § 2, 10/21/2014; Ord. 3180 § 1(part), 12/17/2004) D. Massage parlor. 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. 3517 § 2, 10/21/2014; Ord. 3180 § 1(part), 12/17/2004) Proposed Municipal Code Amendments p.42 E. Medical/dental building. 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. 3517 § 2, 10/21/2014; 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) F. Mixed Use Structure. A single structure or building containing two or more complementary, physically and functionally integrated, or mutually-supporting uses (such as housing, offices, manufacturing, retail, public service, or entertainment). F. G. Mobile home. (See the definition for Trailer, house ). (Ord. 3517 § 2, 10/21/2014; Ord. 3180 § 1(part), 12/17/2004; Ord. 2861 § 1 (part), 3/17/1995) G.H. Motel. See definition for “hotel.”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. 3517 § 2, 10/21/2014; 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) H.I Motor freight terminal. 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. 3517 § 2, 10/21/2014; 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." A. Neighborhood an area located within a district where people live, which is defined by the primary type and/or density of the residential units located in that particular area of the district. (Ord. 2861 § 1 (part), 3/17/1995) B. Neighborhood density the neighborhood density is the number of dwelling units per acre allowed by zoning when streets, parks, electrical distribution substations, and other necessary supporting developments are included in the calculation. (Ord. 3180 § 1 (part), 12/17/2004) C. Nonconforming building or structure any building or structure which does not conform with the lot area, yard, height, or lot coverage restrictions in these regulations, or is designed or intended for a use that does not conform to the use regulations for the zone in which it is located, either at the effective date of these regulations or as the result of subsequent amendments to these regulations. (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) Proposed Municipal Code Amendments p.43 D. Nonconforming lot a legally established lot, the area, dimensions or location of which met the applicable zoning code requirements in effect at the time the lot was created, but which fails by reason of such adoption, revision or amendment of the Zoning Code, to conform to the present requirements of the zone in which it is located. (Ord. 3180 § 1 (part), 12/17/2004; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2796 § 4, 2/11/1994) E. Nonconforming use any use of land, building or structure which does not comply with all of these Zoning Regulations or of any amendment hereto governing use for the zoning district in which such use is situated. (Ord. 3180 § 1 (part), 12/17/2004; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2796 § 4, 2/11/1994; Ord. 2652 § 1 (part), 9/27/1991; Ord. 1709 § 1 (part), 12/22/1970) F. Noxious matter material capable of causing injury to living organisms by chemical reaction, or is capable of causing detrimental effects upon the physical or economic well-being of individuals. (Ord. 3180 § 1 (part), 12/17/2004) G. Nursing home or convalescent home. 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 three 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. 3517 § 2, 10/21/2014; Ord. 3180 § 1 (part), 12/17/2004; Ord. 2948 § 5 (part), 2/14/1997; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2796 § 4, 2/11/1994; Ord. 2652 § 1 (part), 9/27/1991; Ord. 1709 § 1 (part), 12/22/1970) 17.08.080 - "O." A. Off-street parking space an area of at least 8½ feet in width and 18 feet in length, or as otherwise provided in Chapter 14.40 PAMC situated on territory other than a public or private street, alley, highway or trafficway, and used only for the storage of vehicles. (Ord. 2861 § 1 (part), 3/17/1995; Ord. 2652 § 1 (part), 9/27/1991; Ord. 1709 § 1 (part), 12/22/1970) B. Open space natural areas of unique or major physical features such as shorelines, bluffs, beaches, lagoons, waterways, ravines, streams, rivers, lakes, wetlands, wildlife habitats, and other environmentally sensitive areas deemed of significant importance to the community by the City; landscaped areas such as parks, playfields, golf courses, outdoor stadiums, and public landscaped areas such as those along boulevards and around public buildings; improved outdoor areas such as piers, playgrounds, plazas, promenades or trails, tennis courts, viewpoints, and other outdoor spaces open to the public. (Ord. 2861 § 1 (part), 3/17/1995) C. Owner any person with fee title or a long-term leasehold to any parcel of land within the City, who desires to develop, or construct, build, modify, erect, or use such parcel of land. (Ord. 3089 § 2 (part), 6/29/2001) Proposed Municipal Code Amendments p.44 17.08.085 - "P." A. People with functional disabilities people with functional disabilities means: (1) a person who, because of a recognized chronic physical or mental condition or disease, is functionally disabled to the extent of: (a) needing care, supervision or monitoring to perform activities of daily living or instrumental activities of daily living, or (b) needing supports to ameliorate or compensate for the effects of the functional disabilities so as to lead as independent a life as possible, or (c) having a physical or mental impairment which substantially limits one or more of such person's major life activities, or (d) having a record of such impairment; or (2) being regarded as having such an impairment, but such term does not include current, illegal use of, or active addiction to a controlled substance. (Ord. 2652 § 1 (part), 9/27/1991) B. Person any person, firm, partnership, association, corporation, company, or other legal entity, private or public, whether for profit or not for profit. (Ord. 3089 § 2 (part), 6/29/2001; Ord. 2652 § 1 (part), 9/27/1991; Ord. 1709 § 1 (part), 12/22/1970) C. Planned Industrial Development (PID) A PID is a site specific development which has been approved by the City Council under the provisions of chapter 17.31 of the Port Angeles Municipal Code. (Ord. 3180 § 1 (part), 12/17/2004) D. Planning area a large geographical area of the City, which is defined by physical characteristics and boundaries. (Ord. 3180 § 1 (part), 12/17/2004; Ord. 2861 § 1 (part), 3/17/1995) E. PRD Planned Residential Development. (Ord. 3272, 2/16/2007) F. Principal use, the main use of land or buildings on a lot as distinguished from a subordinate or accessory use. A use is considered principal when it occupies 50 percent or more of a building’s total square footage. G. Professional offices offices used as a place of business conducted by persons engaged in recognized professions, and others whose business activities consist chiefly of services to the person as distinguished from the handling of commodities. (Ord. 3180 § 1 (part), 12/17/2004; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2652 § 1 (part), 9/27/1991; Ord. 1709 § 1 (part), 12/22/1970) GH. Public facilities public facilities include streets, roads, highways, sidewalks, street and road lighting systems, traffic signals, domestic water systems, storm and sanitary sewer systems, parks and recreational facilities, and schools. (Ord. 3180 § 1 (part), 12/17/2004; Ord. 2861 § 1 (part), 3/17/1995) 17.08.087 - "Q." Proposed Municipal Code Amendments p.45 Quasi-public a characteristic of seemingly like but not actually being of a public entity, having the characteristics of being public such as open and available to all citizens without discrimination of any kind, benefitting the public, providing a nonprofit service or facility and receiving assistance from a governmental agency; quasi-public entities include but are not limited to nonprofit and other groups, such as the International Red Cross, YMCA, YWCA, and Serenity House, for which membership in the organization is not required to receive services or use the facilities. (Ord. 3155 § 5, 1/30/2004) 17.08.090 - "R." A. Reclassification a change in zoning boundaries upon the zoning map which is an official part of these Zoning Regulations. (Ord. 2652 § 1 (part), 9/27/1991; Ord. 1709 § 1 (part), 12/22/1970) B. Reconstruction the act of constructing again. (Ord. 3009 § 3 (part), 2/12/1999) C. Recreation facility or area, non-commercial a facility or area for recreation purposes, such as a swimming pool, park, tennis court, playground or other similar use. operated and maintained by a nonprofit club or organization. (Ord. 3009 § 3 (part), 2/12/1999; Ord. 2652 § 1 (part), 9/27/1991; Ord. 1709 § 1 (part), 12/22/1970) D. Recreational purpose an express intent of a space design and development to service a particular healthful or aesthetic activity. (Ord. 3272, 2/16/2007; Ord. 3180 § 1 (part), 12/17/2004) E. Residence a building or structure, or portion thereof, which is designed for and used to provide a place of abode for human beings. The term "residence" includes the term "residential" as referring to the type, or intended use, of a building. (Ord. 3180 § 1 (part), 12/17/2004; Ord. 3009 § 3 (part), 2/12/1999; Ord. 2652 § 1 (part), 9/27/1991; Ord. 1709 § 1 (part), 12/22/1970) F. Restoration. The act of putting back or bringing back into a former or original state. (Ord. 3517 § 2, 10/21/2014; Ord. 3180 § 1 (part), 12/17/2004; Ord. 3009 § 3 (part), 2/12/1999) G. Right-of-way. 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. 3517 § 2, 10/21/2014; Ord. 3272, 2/16/2007) H. Roof. A structure covering any portion of a building or structure, including the projections beyond the walls or supports. Proposed Municipal Code Amendments p.46 (Ord. 3517 § 2, 10/21/2014; 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 § 1 (part), 12/22/1970) 17.08.095 - "S." A. Service station an establishment which provides for the servicing of motor vehicles and operations incidental thereto, limited to the retail sale of petroleum products and automobile accessories; automobile washing (not including auto laundry); waxing and polishing of automobiles; tire changing and repair (not including recapping); battery service, charging, and replacement (not including repair and rebuilding); radiator cleaning and flushing (not including steam cleaning and repair); installation of accessories; and the following operations if conducted wholly within a building: lubrication of motor vehicles, brake servicing, wheel balancing, tire testing, and replacement of carburetors, coils, condensers, fan belts, wiring, water hoses, and similar parts. (Ord. 2652 § 1 (part), 9/27/1991; Ord. 1709 § 1 (part), 12/22/1970) B. Setback the required minimum distance from between any lot line and that establishes the area within which any structure or building. may be erected or placed. (Ord. 2666 § 1 (part), 1/17/1992) C. Shopping center a group of commercial establishments planned, constructed, and managed as a total entity, with customer and employee parking provided on-site, provision for goods delivery separated from customer access, aesthetic considerations and protection from the elements, and landscaping and signage in accordance with an approved plan. Shopping centers are further defined by size and the area their shoppers come from: 1. A community shopping center features a junior department store and contains approximately 150,000 square feet of gross leasable area and has a site area of ten to 25 acres. Its clientele draw is approximately a ten-minute drive from the center. 2. A neighborhood shopping center generally offers goods necessary to meet daily needs, occupies up to ten acres, has up to 100,000 square feet of gross leasable area, and draws its clientele from a five-minute driving radius from the center. (Ord. 3180 § 1 (part), 12/17/2004) D. Short term rental, see definition for “extended stay lodging.” E. Sign any letters, figures, design symbol, trademark, or device intended to attract attention to any activity, service, place, subject, person, firm, corporation, public performance, article, machine, or merchandise, and including display surfaces and supporting structures thereof. (Ord. 3180 § 1 (part), 12/17/2004; Ord. 3007 § 5 (part), 1/15/1999) E.F Sign, advertising a sign which directs attention to a business, commodity, service or entertainment conducted, sold, or offered elsewhere than upon the premises on which such sign is located or to which it is affixed. (Ord. 3180 § 1 (part), 12/17/2004; Ord. 3007 § 5 (part), 1/15/1999; Ord. 2666 § 1 (part), 1/17/1992; Ord. 1709 § 1 (part), 12/22/1970) Proposed Municipal Code Amendments p.47 F.G Sign, area the area of a sign shall be the sum of each display surface including both sides of a double- faced sign, as determined by circumscribing the exterior limits on the mass of each display erected on one sign structure with a circle, triangle, or quadrangle connecting all extreme points. Where a sign is composed of two or more individual letters mounted directly on a wall, the total display surface, including its background, shall be considered one sign for purposes of calculating sign area. The structure supporting a sign is not included in determining the area of the sign, unless the structure is designed in a way to form an integral part of the display. (Ord. 3180 § 1 (part), 12/17/2004; Ord. 3007 § 5 (part), 1/15/1999; Ord. 2948 § 5 (part), 2/14/1997) G.H Single-family residence one detached dwelling on an individual lot for occupancy by one family. (Ord. 3180 § 1 (part), 12/17/2004; Ord. 3126 § 2 (part), 11/15/2002; Ord. 3123 § 2 (part), 10/11/2002; Ord. 3007 § 5 (part), 1/15/1999; Ord. 2948 § 5 (part), 2/14/1997; Ord. 2796 § 5, 2/11/1994) H.I Site coverage the amount of impervious surface on a parcel, including structures, paved driveways, sidewalks, patios, and other impervious surfaces. (Ord. 3343 § 1, 1/1/2009) I.J 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. (Ord. 3548 § 2, 1/5/2016) Note— Added by Ord. 3548 and renumbered all following sections. 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. (Ord. 3548 § 2, 1/5/2016; Ord. 3180 § 1 (part), 12/17/2004; Ord. 3126 § 2 (part), 11/15/2002; Ord. 3123 § 2 (part), 10/11/2002) KJ. 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. A half-story shall Proposed Municipal Code Amendments p.48 be considered when the space between a floor and ceilings above said floor has at least one interior side wall that is 5 feet or less in height. (Ord. 3548 § 2, 1/5/2016; Ord. 3180 § 1 (part), 12/17/2004; Ord. 3126 § 2 (part), 11/15/2002; Ord. 3123 § 2 (part), 10/11/2002; Ord. 3089 § 2 (part), 6/29/2001; Ord. 3007 § 5 (part), 1/15/1999; Ord. 2948 § 5 (part), 2/14/1997; Ord. 2796 § 5, 2/11/1994; Ord. 2652 § 1 (part), 9/27/1991; Ord. 1709 § 1 (part), 12/22/1970) LK. Street a vehicular way that affords a primary means of access to abutting property. (Ord. 3548 § 2, 1/5/2016; Ord. 3272, 2/16/2007; Ord. 3180 § 1 (part), 12/17/2004; Ord. 3126 § 2 (part), 11/15/2002; Ord. 3123 § 2 (part), 10/11/2002; Ord. 3089 § 2 (part), 6/29/2001; Ord. 3007 § 5 (part), 1/15/1999; Ord. 2948 § 5 (part), 2/14/1997; Ord. 2796 § 5, 2/11/1994; Ord. 2652 § 1 (part), 9/27/1991; Ord. 1709 § 1 (part), 12/22/1970) ML. Street right-of-way line the boundary line between a street and abutting property. This may or may not match a property’s front lot line. (Ord. 3548 § 2, 1/5/2016; Ord. 3180 § 1 (part), 12/17/2004; Ord. 3126 § 2 (part), 11/15/2002; Ord. 3123 § 2 (part), 10/11/2002; Ord. 3089 § 2 (part), 6/29/2001; Ord. 3007 § 5 (part), 1/15/1999; Ord. 2948 § 5 (part), 2/14/1997; Ord. 2796 § 5, 2/11/1994; Ord. 2652 § 1 (part), 9/27/1991; Ord. 1709 § 1 (part), 12/22/1970) NM. 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. (Ord. 3548 § 2, 1/5/2016; Ord. 3272, 2/16/2007; Ord. 3180 § 1 (part), 12/17/2004; Ord. 3126 § 2 (part), 11/15/2002; Ord. 3123 § 2 (part), 10/11/2002; Ord. 3089 § 2 (part), 6/29/2001; Ord. 3007 § 5 (part), 1/15/1999; Ord. 2948 § 5 (part), 2/14/1997; Ord. 2796 § 5, 2/11/1994; Ord. 2652 § 1 (part), 9/27/1991; Ord. 1709 § 1 (part), 12/22/1970) ON. 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. (Ord. 3548 § 2, 1/5/2016; Ord. 3180 § 1 (part), 12/17/2004; Ord. 3126 § 2 (part), 11/15/2002; Ord. 3123 § 2 (part), 10/11/2002; Ord. 3089 § 2 (part), 6/29/2001; Ord. 3007 § 5 (part), 1/15/1999; Ord. 2948 § 5 (part), 2/14/1997; Ord. 2796 § 5, 2/11/1994; Ord. 2652 § 1 (part), 9/27/1991; Ord. 1709 § 1 (part), 12/22/1970) PO. Subordinate less important than and secondary to a primary object, usually in these Zoning Regulations referring to an accessory use. (Ord. 3548 § 2, 1/5/2016; Ord. 3180 § 1 (part), 12/17/2004; Ord. 3126 § 2 (part), 11/15/2002; Ord. 3123 § 2 (part), 10/11/2002; Ord. 3089 § 2 (part), 6/29/2001; Ord. 3007 § 5 (part), 1/15/1999; Ord. 2948 § 5 (part), 2/14/1997; Ord. 2921 § 2, 6/28/1996; Ord. 2861 § 1 (part), 3/17/1995) Proposed Municipal Code Amendments p.49 QP. 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. (Ord. 3548 § 2, 1/5/2016; Ord. 3180 § 1 (part), 12/17/2004; Ord. 3126 § 2 (part), 11/15/2002; Ord. 3123 § 2 (part), 10/11/2002; Ord. 3089 § 2 (part), 6/29/2001; Ord. 3007 § 5 (part), 1/15/1999; Ord. 2948 § 5 (part), 2/14/1997; Ord. 2861 § 1 (part), 3/17/1995) 17.08.100 - "T." A. Telecommunications facilities or wireless telecommunications facilities any antennas, cables, wires, lines, wave guides, and any other equipment or facilities associated with the transmission or reception of communications which a person seeks to locate or has installed upon or near a tower or antenna support structure. (Ord. 3089 § 2 (part), 6/29/2001) B. Through lot (See "lot, through"). (Ord. 3089 § 2 (part), 6/29/2001; Ord. 2652 § 1 (part), 9/27/1991; Ord. 1709 § 1 (part), 12/22/1970) C. Tower or wireless telecommunications tower - a self-supporting lattice, guyed, or monopole structure constructed from grade which supports telecommunications facilities. The term "tower" shall not include amateur radio operators' equipment, as licensed by the FCC. (Ord. 3089 § 2 (part), 6/29/2001) D. Townhouse, A dwelling unit, located on its own lot, that shares one or more common or abutting walls with one or more dwelling units, each located on its own lot. A townhouse does not share common floors/ceilings with other dwelling units. D.E. Townsite block a block of 450 or 500 feet by 300 feet dimension or a minimum of 3.1 acres as created by the original platting of the Townsite of Port Angeles. (Ord. 3548 § 2, 1/5/2016; Ord. 3180 § 1 (part), 12/17/2004) E.F. Trail a pedestrian facility which is designated for travel and recreation purposes and which may include sidewalks, portions of roadways, natural surfaced walkways, and structures such as bridges. (Ord. 3180 § 1 (part), 12/17/2004; Ord. 3089 § 2 (part), 6/29/2001; Ord. 2861 § 1 (part), 3/17/1995) F.G. Trailer, house (automobile trailer, mobile home, recreational vehicle, vacation trailer) a vehicle without motor power designed to be drawn by a motor vehicle and to be used for human habitation, a motor vehicle designed to be used for human habitation, and a manufactured home which does not meet City Building Code or state and federal manufacturing standards. (Ord. 3180 § 1 (part), 12/17/2004; Ord. 3089 § 2 (part), 6/29/2001; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2652 § 1 (part), 9/27/1991; Ord. 1709 § 1 (part), 12/22/1970) G.H. Trailer park, trailer court, mobile home park, recreational vehicle park any premises on which are parked one or more vehicles designed, intended, arranged, or used for living purposes, or any premises used or held out for the purpose of supplying to the public a space for one or more such vehicles, whether such vehicles stand on wheels or rigid supports. Proposed Municipal Code Amendments p.50 (Ord. 3180 § 1 (part), 12/17/2004; Ord. 3089 § 2 (part), 6/29/2001; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2652 § 1 (part), 9/27/1991; Ord. 1709 § 1 (part), 12/22/1970) I. Transitional Housing. Public or non-profit living facilities for groups of unrelated individuals that include at least one person residing on the site who is responsible for supervising, managing, monitoring and/or providing care, training or treatment of residents where tenancy is typically less than 30 days. Examples include: homeless shelters and drug/alcohol treatment facilities. Can include associated soup kitchens or other on-site food preparation and service. H. J. Trellis. 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. (Ord. 3548 § 2, 1/5/2016; Ord. 3180 § 1 (part), 12/17/2004) 17.08.105 - "U." A. Unclassified use permit a limited permission to locate a particular unusual, large-scale, unique or special use at a particular location, which where 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. An unclassified use permit is processed in the same manner as a conditional use permit. (Ord. 2861 § 1 (part), 3/17/1995) B. Unclassified use a use which is not listed as permitted in any zone and which requires a special degree of control to make such use consistent and compatible with other existing or permissible uses in the same zone. (Ord. 2861 § 1 (part), 3/17/1995) C. Use the purpose or activity for which the land, or building thereof, is designed, arranged or intended, or for which it is occupied or maintained and shall include any manner of performance of such activity with respect to the performance standards of these Zoning Regulations. (Ord. 2861 § 1 (part), 3/17/1995; Ord. 2652 § 1 (part), 9/27/1991; Ord. 1709 § 1 (part), 12/22/1970) D. Use, principal the main use of land or buildings as distinguished from a subordinate or accessory use. (Ord. 2861 § 1 (part), 3/17/1995; Ord. 2652 § 1 (part), 9/27/1991; Ord. 1709 § 1 (part), 12/22/1970) ED. Utility building or structure an installation to provide utility service, including wireless communication facilities to which the structure height is equal or less than the maximum building height of the zone in which it will be located. (Ord. 3071, § 4 (part), 12/15/2000; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2652 § 1 (part), 9/27/1991; Ord. 1709 § 1 (part), 12/22/1970) 17.08.110 - "V." Proposed Municipal Code Amendments p.51 A. Variance permission for an adjustment or relaxation to the literal requirements of the City’s Zoning Regulations in the application of the specific regulations to for a particular parcel of property or structure and/or building on a particular property. which property, because of special circumstances applicable to it, is deprived of privileges commonly enjoyed by other properties in the same vicinity and zone. (Ord. 2652 § 1 (part), 9/27/1991; Ord. 1709 § 1 (part), 12/22/1970) 17.08.115 - "W." A. Wireless communication facilities (WCFs) an unstaffed facility for the transmission and/or reception of wireless telecommunications services, including support structures, antennas, accessory equipment, and appurtenances, used to transmit, receive, distribute, provide, or offer personal wireless communication services. WCFs include but are not limited to antennas, plies, towers, cables, wires conduits, ducts, pedestals, vaults, buildings, and electronic and switching equipment. (Ord. 3071, § 4 (part), 12/15/2000). B. Work/live space an arrangement of space that combines a living area and working area where the living area is subordinate and accessory in size and use to the work space. (Ord. 3272, 2/16/2007) 17.08.125 - "Y." A. Yard, an open space on a zoning lot that lies between the principal building or buildings and the nearest lot line, which is to remain unoccupied and unobstructed from its lowest ground level to the sky, except as otherwise permitted in the permitted intrusions in required yards in these regulations. A yard extends along and at right angles to a lot line to a depth or width specified in the yard regulations for the zoning district in which such zoning lot is located. (Ord. 2861 § 1 (part), 3/17/1995; Ord. 2652 § 1 (part), 9/27/1991; Ord. 1709 § 1 (part), 12/22/1970) B. SetbackYard, front a space that extends along the full length width of the lot front lot line, between the two side lot lines and to the closest building on the same lot, or to a distance designated in the City’s Zoning Regulations. (Ord. 2652 § 1 (part), 9/27/1991; Ord. 1709 § 1 (part), 12/22/1970) C. SetbackYard, rear a space that extends along the full length width of the lot rear lot line, between the two side lot lines and to the closest principal building on the same lot, or to a distance designated in the City’s Zoning Regulations. (Ord. 2652 § 1 (part), 9/27/1991; Ord. 1709 § 1 (part), 12/22/1970) D. SetbackYard, side a space that extends along a side lot line from the front setback line yard to the rear setback line yard, between the side lot line and to the closest building on the same lot, or to a distance designated in the City’s Zoning Regulations. (Ord. 2652 § 1 (part), 9/27/1991; Ord. 1709 § 1 (part), 12/22/1970) Proposed Municipal Code Amendments p.52 17.08.130 - "Z." A. Zone an area defined as to boundaries and location, and classified by the Zoning Regulations as available for certain types of uses, and which other types of uses are excluded. (Ord. 2652 § 1 (part), 9/27/1991; Ord. 1709 § 1 (part), 12/22/1970) B. Zoning lot a single tract of land located within a single block, which at the time of filing for a building permit, is designated by its owner or developer, as a tract to be used, developed, or built upon as a unit, under single ownership or control. A zoning lot may or may not coincide with a lot of record. (Ord. 2652 § 1 (part), 9/27/1991; Ord. 1709 § 1 (part), 12/22/1970) C.B. Zoning lot covenant an agreement, on a form provided by the Department of Community and Economic Development, which is recorded at the County auditor's Office by a property owner of two or more adjacent lots and which designates said lots as a single, inseparable building lot. (Ord. 3272, 2/16/2007; Ord. 2863 § 2, 4/14/1995) 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, two-family/duplexes, multi- family dwellings 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 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. (Ord. 3548 § 7, 1/5/2016; Ord. 3272, 2/16/2007; Ord. 3123 § 6, 10/11/2002; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2715 § 7 (part), 10/16/1992) 17.14.020 - Permitted uses. A. Accessory residential units. B. Adult family homes. C. Apartments (individual units, not apartment buildings) D. Bed and breakfasts Duplexes. E. Child day cares E.F Extended stay lodging Proposed Municipal Code Amendments p.53 G. Group living H. Single-family residences dwellings. I. Multi-family dwellings (four units or less). J. Townhouses (four attached units or less) K. Two-family dwellings, or duplexes. (Ord. 2948 § 5 (part), 2/14/1997; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2715 § 7 (part), 10/16/1992) 17.14.03025 - Accessory uses. A. Garages and carports B. Greenhouses, gazebos, storage sheds, and similar accessory structures. C. Exempted home occupations D. Swimming pools and cabanas. D.E Private television satellite reception dishes. E.F Community recreation rooms and laundry rooms. F.G Playground equipment. G.H Manager's office. H.I Other accessory uses determined by the Director of Community and Economic Development to be compatible with the intent of this chapter. (Ord. 3272, 2/16/2007; Ord. 2921 § 6, 6/28/1996; Ord. 2861 § 1 (part), 3/17/1995) 17.14.04030 - Conditional uses. A. Art galleries, and museums. and aquariums. B. Assisted living facility. C. Child day-care centers and pre-schools. D. Community centers Churches per Table A. E. Group homes and hospices. F. Home occupations G. Human service facilities G. Libraries. G.H Nursing and convalescent homes. H.I. Public parks and recreation facilities. I. Public and private schools per Table A. J. J Residential care facilities. Proposed Municipal Code Amendments p.54 K. Social service agencies providing 24-hour residential care. K. Transitional housing L. Utility buildings and structures. M.M. Other uses compatible with the intent of this chapter. (Ord. 3548 § 7, 1/5/2016; Ord. 2956 § 2, 4/25/1997; Ord. 2948 § 5 (part), 2/14/1997; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2715 § 7 (part), 10/16/1992) 17.14.05040 – Area, and dimensional and density requirements. A. The following area and dimensional requirements apply for all RMD zones: Table 17.14.050-1 Measurement Type Limit Minimum lot area 3,500 sf Minimum lot width/frontage1 40 feet Density, minimum net 4 units/acre Density, maximum net 14 units/acre Maximum building height 35 Maximum lot coverage 50% Maximum site coverage 75% Minimum front setback2 15 feet Garage entrance setback 20 feet Minimum rear setback 15 feet Minimum rear setback, accessory structures (including garages) and detached accessory residential units 5 feet Minimum side setback3 5 feet Minimum side setback (corner) 5 feet 1 Townhouses can be the width of the interior units. If no interior units, can be 30 feet. 2 Porches and covered entries may project up to six feet into the front setback. 3 Townhouses are exempt from side setback standards internal to a development. However, townhouse shall meet applicable side setback standards for adjacent lots outside of the development. Proposed Municipal Code Amendments p.55 A. Minimum lot area shall be 7,000 square feet. B. Density shall not exceed two dwelling units for the first 7,000 square feet of lot area, plus one unit for each additional 3,500 square feet of lot area. (Maximum 12.44 units/acre) C. Minimum setback: Front: 25 feet from front property line. 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 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. D. Maximum lot coverage: 40 percent, subject to paragraph F. below. E. Maximum site coverage: 70 percent, subject to paragraph F. below. F.B. Exceptions to maximum lot and site coverage: 1. An additional ten percent coverage that enables development to achieve the allowed maximum density of the RMD zone per 17.14.040.BA; or 2. An additional ten percent coverage for development that is reserved as affordable housing. All applicants seeking bonus impervious surface for inclusion of affordable housing shall provide a mechanism to ensure that affordable housing remains affordable for the life of the project. Such mechanism shall be approved by the City Attorney in conjunction with the Department of Community and Economic Development, and shall be recorded on the land title; in addition: 3. In locations where stormwater runoff from structures, paved driveways, sidewalks, patios and other surfaces is shown, by a professional engineer licensed in the State of Washington, to infiltrate on site, according to the requirements of the most recent edition* of the Stormwater Management Manual for Western Washington, portions of the project can be exempt from lot and site coverage calculations. (See PAMC 17.94.135 for exemptions.) *The word "addition" in Ordinance 3343 corrected by codifier to "edition." G. Maximum building height: 35 feet. (Ord. 3548 § 7, 1/5/2016; Ord. 3343 § 5, 1/1/2009; Ord. 3253, 7/14/2006; Ord. 3180 § 1 (part), 12/17/2004; Ord. 2948 § 5 (part), 2/14/1997; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2715 § 7 (part), 10/16/1992) 17.14.06050 - Off-street parking. Parking shall be provided as required by Chapter 14.40 of the Port Angeles Municipal Code. (Ord. 2715 § 7 (part), 10/16/1992) Proposed Municipal Code Amendments p.56 17.14.07060 - Signs permitted. A. Permitted uses: Signs not larger than ten square feet, lighted, but not flashing or intermittent. One per building. B. Conditional uses: Size and type as determined by Hearing Examiner. 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 Hearing Examiner approval of a conditional use permit. (Ord. 3548 § 7, 1/5/2016; Ord. 2715 § 7 (part), 10/16/1992) 17.14.08070 - Design and landscaping for apartments. A. All designated outdoor storage areas, except for City mechanized refuse collection system containers, shall be screened from view from public rights-of-way and abutting property by a vision- obscuring fence six feet in height. B. All lighting on the site shall be directed away from adjoining residential properties and public rights- of-way. C. Unused space that is over 24 square feet in area and results from the design of parking space arrangements or accessory structures shall be landscaped. D. All required parking areas shall include landscaping of at least one tree for each group of six or fewer parking spaces with a minimum of two trees, exclusive of any required perimeter landscaping. [Illustration - 11 parking spaces requires two trees; 12 spaces requires two trees; 13 spaces requires three trees.] The trees shall be of a type approved by the City, and be at least two-inch caliper at time of planting, and placed in a minimum planting area of 100 square feet. Trees shall attain a minimum height of at least 20 feet at maturity. Alternatively, landscaping plans with functionally compatible planters and equivalent vegetative cover may be submitted for approval by the Director of Community and Economic Development as mitigation for this requirement when site constraints deem necessary. 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 subsection E landscaping requirement. F. Parking areas shall have interspersed landscaped islands and shall have no more than eight consecutive parking spaces. Underground parking and parking included in a parking structure are excluded from this requirement. G. At least 30 percent of the site shall be landscaped with a mixture of ground cover, shrubs, and trees. (Ord. 3548 § 7, 1/5/2016; Ord. 3272, 2/16/2007; Ord. 2715 § 7 (part), 10/16/1992) CHAPTER 17.15 - RHD - RESIDENTIAL, HIGH DENSITY 17.15.010 - Purpose. Proposed Municipal Code Amendments p.57 This is a high density residential zone for multi-family residential structures. Compatible uses may be allowed by 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 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. This is a high density residential zone for multi-family dwelling structures. Some nonresidential uses are allowed in this zone and then only conditionally, because of potential 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 the density of the City's basic single-family residential neighborhoods), and are usually located in areas that are largely developed and closer to the center of the City. (Ord. 3548 § 8, 1/5/2016; Ord. 3123 § 7, 10/11/2002; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2715 § 3, 10/17/1992; Ord. 2668 § 3 (part), 1/17/1992; Ord. 2652 § 5 (part), 9/27/1991; Ord. 2636 § 9 (part), 5/15/1991) 17.15.020 - Permitted uses. A. Accessory residential units B. Adult family homes. C. Apartments (individual units) and apartment buildings D. Bed and breakfasts E. Child day cares F. Extended stay lodgings F. Group living B.G. Multi-family dwellings, apartments, duplexes, dormitories, accessory residential units. C.H. Single-family residences. dwellings I. Townhouses J. Two-family dwellings, or duplexes (Ord. 3272, 2/16/2007; Ord. 2948 § 5 (part), 2/14/1997; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2668 § 3 (part), 1/17/1992; Ord., 2666 § 3 (part), 1/17/1992; Ord. 2652 § 6 (part), 9/27/1991; Ord. 2636 § 9 (part), 5/15/1991; Ord. 2397 § 1 (part), 6/16/1986; Ord. 1709 § 1 (part), 12/22/1970) 17.15.030 - Accessory uses. A. Exempted home occupations Proposed Municipal Code Amendments p.58 B. Garages and carports. C. Greenhouses, gazebos, storage sheds, and similar accessory structures. D. Swimming pools and cabanas. E. Private television satellite reception dishes. F. Community recreation rooms and laundry rooms. G. Playground equipment. H. Manager's office. I. Other accessory uses determined by the Director of Community and Economic Development to be compatible with the intent of this chapter. (Ord. 3272, 2/16/2007; Ord. 2921 § 7, 6/28/1996; Ord. 2861 § 1 (part), 3/17/1995) 17.15.040 - Conditional uses. A. Art galleries, and museums. and aquariums. B. Assisted living facilities. C. Community centers Child day-care centers and pre-schools. D. Churches per Table A. E. Funeral homes and mortuaries. F. Group homes and hospices. G. Home occupations H. Human service facilities. I. Libraries. H.J Nursing and convalescent homes. I.K Public and private schools per Table A. J.L Public parks and recreation facilities. K.M Residential care facilities. L. Social service agencies providing 24-hour residential care. M.N Transitional housing Utility buildings and structures. N.O Other uses compatible with the intent of this chapter. (Ord. 3548 § 8, 1/5/2016; Ord. 3272, 2/16/2007; Ord. 3155 § 7, 1/30/2004; Ord. 3071 § 4 (part), 12/15/2000; Ord. 2956 § 3, 4/25/1997; Ord. 2948 § 5 (part), 2/14/1997; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2796 § 6, 2/11/1994; Ord. 2668 § 3 (part), 1/17/1992; Ord. 2666 § 3 (part), 1/17/1992; Ord. 2652 § 6 (part), 9/27/1991; Ord. 2636 § 9 (part), 5/15/1991; Ord. 2535 § 1, 5/24/1989; Ord. 2397 § 1 (part), 6/16/1986; Ord. 1709 § 1 (part), 12/22/1970) Proposed Municipal Code Amendments p.59 17.15.050 – Area, and dimensional and density requirements. A. The following area, dimensional and density requirements apply for all RHD zones: Table 17.15.050-1 Measurement Type Limit Minimum lot area None Minimum lot width/frontage4 30 feet Density, minimum 10 units/acre Density, maximum 40 units/acre Maximum building height 35 feet Maximum lot coverage 50% Maximum site coverage 75% Minimum front setback5 15 feet Garage entrance setback 20 feet Minimum rear setback 15 feet Minimum rear setback, accessory structures (including garages) and detached accessory residential units 5 feet Minimum side setback6 5 feet Minimum side setback (corner) 5 feet A. Minimum lot area: 7,000 square feet. B. Density shall not exceed two dwelling units for the first 7,000 square feet of lot area plus one dwelling unit for each additional 1,000 square feet of lot area (maximum 38.56 units/acre). C. Minimum setback: Front: 25 feet from front lot 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 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, 4 Townhouses can be the width of the interior units. 5 Porches and covered entries may project up to six feet into the front setback. 6 Townhouses are exempt from side setback standards internal to a development. However, townhouse shall meet applicable side setback standards for adjacent lots outside of the development. Proposed Municipal Code Amendments p.60 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. D. Maximum lot coverage: 45 percent, subject to paragraph F. below. E. Maximum site coverage: 75 percent, subject to paragraph F. below. FB. Exceptions to maximum lot and site coverage: 1. An additional ten percent coverage that enables development to achieve the allowed maximum density of the RHD zone per 17.15.050.BA.; or 2. An additional ten percent coverage for development that is reserved as affordable housing. All applicants seeking bonus impervious surface for inclusion of affordable housing shall provide a mechanism to ensure that affordable housing remains affordable for the life of the project. Such mechanism shall be approved by the City Attorney in conjunction with the Department of Community and Economic Development, and shall be recorded on the land title; in addition: 3. In locations where stormwater runoff from structures, paved driveways, sidewalks, patios and other surfaces is shown, by a professional engineer licensed in the State of Washington, to infiltrate on site, according to the requirements of the most recent edition* of the Stormwater Management Manual for Western Washington, portions of the project can be exempt from lot and site coverage calculations. (See PAMC 17.94.135 for exemptions.) *The word "addition" in Ordinance 3343 corrected by codifier to "edition." G. Maximum building height - 35 feet. (Ord. 3548 § 8, 1/5/2016; Ord. 3343 § 6, 1/1/2009; Ord. 3042 § 3 (part) 1/28/2000; Ord. 2948 § 5 (part), 2/14/1997; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2668 § 3 (part), 1/17/1992; Ord. 2666 § 3 (part), 1/17/1992; Ord. 2652 § 6 (part), 9/27/1991; Ord. 2636 § 9 (part), 5/15/1991; Ord. 2397 § 1 (part), 6/16/1986; Ord. 1709 § 1 (part), 12/22/1970) 17.15.060 - Off-street parking. Parking shall be provided as required by Chapter 14.40 of the Port Angeles Municipal Code. (Ord. 2948 § 5 (part), 2/14/1997; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2668 § 3 (part), 1/17/1992; Ord. 2666 § 3 (part), 1/17/1992; Ord. 2652 § 6 (part), 9/27/1991; Ord. 2636 § 9 (part), 5/15/1991; Ord. 2538 § 1, 6/28/1989; Ord. 2397 § 1 (part), 6/16/1986; Ord. 1709 § 1 (part), 12/22/1970) 17.15.070 - Signs permitted. A. Permitted uses: Signs not larger than ten square feet, lighted, but not flashing or intermittent. One per building. B. Conditional uses: Size and type as determined by Hearing Examiner. Proposed Municipal Code Amendments p.61 (Ord. 3548 § 8, 1/5/2016; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2668 § 3 (part), 1/17/1992; Ord. 2666 § 3 (part), 1/17/1992; Ord. 2652 § 6 (part), 9/27/1991; Ord. 2636 § 9 (part), 5/15/1991; Ord. 2538 § 1, 6/28/1989; Ord. 2397 § 1 (part), 6/16/1986; Ord. 1709 § 1 (part), 12/22/1970) 17.15.080 - Design and landscaping. A. All outdoor storage areas, except for City mechanized refuse collection system containers, shall be screened from view from public rights-of-way and abutting property by a vision-obscuring fence six feet in height. B. All lighting on the site shall be so directed as to reflect away from adjoining residential properties and public rights-of-way. C. Unused space that is over 24 square feet and results from the design of parking space arrangements or accessory structures shall be landscaped. D. All required parking areas shall include landscaping of at least one tree for each group of six or fewer parking spaces with a minimum of two trees, exclusive of any required perimeter landscaping. [Illustration - 11 parking spaces requires two trees; 12 spaces requires two trees; 13 spaces requires three trees.] The trees shall be of a type approved by the City, and be at least two-inch caliper at time of planting, and placed in a minimum planting area of 100 square feet. Trees shall attain a minimum height of at least 20 feet at maturity. Alternatively, landscaping plans with functionally compatible planters and equivalent vegetative cover may be submitted for approval by the Director of Community and Economic Development as mitigation for this requirement when site constraints deem necessary. E. Parking areas shall have interspersed landscaped islands and shall have no more than eight consecutive parking spaces. Underground parking and parking included in a parking structure are excluded from this requirement. F. 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. G At least 30 percent of the site shall be landscaped with a mixture of ground cover, shrubs, and trees. (Ord. 3272, 2/16/2007; Ord. 3180 § 1 (part), 12/17/2004; Ord. 3042 § 3 (part) 1/28/2000; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2668 § 3 (part), 1/17/1992; Ord. 2666 § 3 (part), 1/17/1992) CHAPTER 17.20 - CO - COMMERCIAL, OFFICE 17.20.010 - Purpose. This is a commercial zone intended for those business, office, administrative or professional uses that do not involve the retail sale of goods, but rather provide a service to clients, the provision of which does not create high traffic volumes, involve extended hours of operation, or contain impacts that would be detrimental to adjacent residential areas. Commercial uses that are largely devoid of any impacts detrimental to single-family residential uses are allowed. This zone provides the basic urban land use pattern for small lot, transitional uses between residential neighborhoods and commercial zones with direct access on an arterial street and design standards compatible with residential development. Proposed Municipal Code Amendments p.62 (Ord. 3272, 2/16/2007; Ord. 3180 § 1 (part), 12/17/2004; Ord. 3123 § 11, 10/11/2002; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2109 § 2, 12/7/1980) 17.20.040 - Permitted uses. A. Services: General commercial uses: 1. Financial services offices, such as banks, financial institutions, insurance and real estate service offices. 2. Personal service facilities, such as barber and beauty shops. 3. Business and professional offices. 4. Child day cares centers and pre-schools. 5. Medical/dental clinics and offices and laboratories. 6. Small animal veterinary offices. 7. Hospitals 8. Chemical dependency treatment and detoxification centers. B. Residential: 1. Detached single-family residences that meet the area and dimensional requirements of the RS- 7 Zone. All residential uses permitted in the RMD zone. (Ord. 3272, 2/16/2007; Ord. 2926 § 3 (part), 8/26/1996; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2742 § 1, 1/19/1993; Ord. 2715 § 4 (part), 10/16/1992; Ord. 2652 § 7, 9/27/1991; Ord. 2109 § 3, 12/7/1980) 17.20.080 – Accessory uses. 1. All accessory uses permitted in the RMD zone. 2. Other aAccessory uses determined by the Director of Community and Economic Development to be compatible with the intent of this chapter are permitted. (Ord. 3272, 2/16/2007; Ord. 2921 § 8, 6/28/1996; Ord. 2109 § 4, 12/7/1980) 17.20.160 - Conditional uses. A. Art galleries, and museums. and aquariums. B. Assisted living facilities and residential care facilities. C. Business colleges, trade schools, and personal instruction such as music, art, and dance schools. D. Extended stay lodging E. Medical supply stores. E. Chemical dependency treatment and detoxification centers. F Community centers Churches. Proposed Municipal Code Amendments p.63 G. Group homes and hospices. H. Libraries. I. Hotels, motels and hostels. J. Human service facilities J.K Nursing and convalescent homes. K.L Off-street parking structures and lots not associated with a permitted use on the same site. L.M Public parks and recreation facilities. M. Residential uses, other than detached single-family residences, that are permitted in the RHD Zone and comply with the RHD area and dimensional requirements, except for mixed use structures where there is commercial use at ground level and residential use above, in which case the required commercial setbacks of the underlying zone shall be observed. N.N Transitional housing O. Utility buildings and structures. O.P Funeral homes and mortuaries. P.Q Other uses compatible with the intent of this chapter. (Ord. 3272, 2/16/2007; Ord. 3180 § 1 (part), 12/17/2004; Ord. 3071 § 4 (part), 12/15/2000; Ord. 3007 § 5 (part), 1/15/1999; Ord. 2948 § 5 (part), 2/14/1997; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2702 § 1, 8/14/1992; Ord. 2652 § 8, 9/27/1991; Ord. 2635 § 5, 5/15/1991; Ord. 2278 § 1, 12/26/1983; Ord. 2109 § 5, 12/7/1980) 17.20.200 - Area and dimensional requirements. A. The following area and dimensional requirements apply for all C-O zones: Table 17.20.200-1 Measurement Type Limit Minimum lot area 3,000 sf Minimum lot width/frontage 40 feet7 Maximum building height 30 feet Maximum lot coverage 50% Maximum site coverage 75% Minimum front setback8 15 feet 7 Townhouses can be the width of the interior units. If no interior units, can be 30 feet. 8 Porches and covered entries may project up to six feet into the front setback. Proposed Municipal Code Amendments p.64 Garage entrance setback 20 feet Minimum rear setback 15 feet Minimum rear setback, accessory structures (including garages) and detached accessory residential units 5 feet Minimum side setback9 5 feet Minimum side setback (corner) 5 feet A. Minimum lot area: 7,000 square feet. B. Minimum lot width: 50 feet. C. Minimum setbacks for non-residential use: Front: 25 feet from property line. Rear: 25 feet from property line. Detached accessory buildings shall not be permitted closer than ten feet to the rear property line. Side: Seven feet from the property line. Detached accessory buildings 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 the street shall have a building line setback of 13 feet. D. Maximum lot coverage: 45 percent, subject to paragraph F. below. E. Maximum site coverage: 75 percent, subject to paragraph F. below. F.B In locations where stormwater runoff from structures, paved driveways, sidewalks, patios and other surfaces is shown, by a professional engineer licensed in the State of Washington, to infiltrate on- site, according to the requirements of the most recent edition* of the Stormwater Management Manual for Western Washington, portions of the project can be exempt from lot and site coverage calculations. (See PAMC 17.94.135 for exemptions.) *The word "addition" in Ordinance 3343 corrected by codifier to "edition." G. Maximum building height: 30 feet. (Ord. 3343 § 7, 1/1/2009; Ord. 3272, 2/16/2007; Ord. 2715 § 4 (part), 10/16/1992; Ord. 2109 § 6, 12/7/1980) 9 Townhouses are exempt from side setback standards internal to a development. However, townhouses shall meet applicable side setback standards for adjacent lots outside of the development. Proposed Municipal Code Amendments p.65 17.20.210 - Off-street parking. (See Chapter 14.40 PAMC.) (Ord. 2109 § 7, 12/7/1980) 17.20.230 - Design and landscaping. A. All outdoor storage areas, except for City mechanized refuse collection system containers, shall be screened from public rights-of-way and abutting property by a vision-obscuring fence six feet in height. B. All lighting on the site shall be so directed as to reflect away from adjoining property and public rights- of-way. C. A six-foot sidewalk accompanied by a minimum four-foot landscape strip shall be required within the right-of-way adjacent to the front property line as well as adjoining arterial corridors. D. The side yard abutting a residentially zoned lot shall be landscaped in a manner that is complementary or similar to residential landscaping. In other words, such landscaping shall be complementary or similar to shrubs of three-foot to six-foot mature height interspersed with evergreen and/or deciduous and/or ornamental trees. Five feet of the rear yard setback area abutting a residentially zoned lot shall be landscaped in a similar manner. E. The unused space resulting from the design of parking space arrangements or accessory structures which is over 24 square feet shall be landscaped. F. All landscaping shall comply with the vision clearance requirements of section 17.94.090 PAMC. G. All nonresidential structures shall be designed to be compatible with the residential environment. H. All required parking areas shall include landscaping of at least one tree for each group of six or fewer parking spaces with a minimum of two trees, exclusive of any required perimeter landscaping. [Illustration - 11 parking spaces requires two trees; 12 spaces requires two trees; 13 spaces requires three trees.] The trees shall be of a type approved by the City, and be at least two-inch caliper at time of planting, and placed in a minimum planting area of 100 square feet. Trees shall attain a minimum height of at least 20 feet at maturity. Alternatively, landscaping plans with functionally compatible planters and equivalent vegetative cover may be submitted for approval by the Director of Community and Economic Development as mitigation for this requirement when site constraints deem necessary. I. Parking areas shall have interspersed landscaped islands and shall have no more than eight consecutive parking spaces. Underground parking and parking included in a parking structure are excluded from this requirement. J. All parking lots shall be screened by three-foot to six-foot vision obscuring fence or vegetation on the sides adjacent to residentially zoned property. (Ord. 3272, 2/16/2007; Ord. 3180 § 1 (part), 12/17/2004; Ord. 2742 § 1, 1/29/1993; Ord. 2666 § 4, 1/17/1992; Ord. 2109 § 9, 12/7/1980) CHAPTER 17.21 - CN - COMMERCIAL, NEIGHBORHOOD Proposed Municipal Code Amendments p.66 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 service islands are conditionally permitted uses. This zone provides for 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. Mixed use buildings are encouraged in this zone. (Ord. 3548 § 12, 1/5/2016; Ord. 3272, 2/16/2007; Ord. 3123 § 12, 10/11/2002; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2797 § 3, 2/11/1994) 17.21.040 - Permitted uses. *consider breaking up into categories of uses A. Apartments10 B. Apartment buildings C. Art galleries, and museums. and aquariums. D. Artisan manufacturing11 E. Assisted living and residential care facilities. F. Business colleges; music, art, and dance schools. G. Banks, financial institutions, insurance and real estate services offices. H Business and professional offices. I. Child day-cares centers and pre-schools. J. Community centers K. Drug stores, pharmacies. L. Extended stay lodging M. Food and beverage establishments, such as restaurants and cafeterias. N. Food item retail sales, such as bakery shops, delicatessens and grocery stores. O. Group homes. P Libraries. 10 When located on the second or subsequent floor of a building, or basement floor, or located on the ground floor within a detached accessory structure that is on a lot with principal nonresidential uses in operation. 11 For uses located on the ground floor, a high volume, pedestrian-oriented use adjoining the building's entrance on a street is required. Proposed Municipal Code Amendments p.67 Q Medical/dental offices and clinics and laboratories. R. Medical supply stores. S. Nursing and convalescent homes. T. Personal service facilities, such as barber and beauty shops. U. Public parks and recreation facilities. Reconstruction, remodeling, or improvements to residential structures existing or established prior to January 1, 2007. *to be addressed in Section 17.95.030 “nonconforming building or structure” V. Repair services, such as appliance repair, shoe repair and TV and stereo repair services. 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. W. Self-service laundries. Y. Specialty shops such as gift, florist, hobby, antique, candy, ice cream, movie rental, bicycle, book, computer, toy, and retail pet stores. Z. Small animal veterinary offices. (Ord. 3548 § 12, 1/5/2016; Ord. 3390 § 5, 1/30/2010; Ord. 3272, 2/16/2007; Ord. 3155 § 8, 1/30/2004; Ord. 3007 § 5 (part), 1/15/1999; Ord. 2948 § 5 (part), 2/14/1997; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2797 § 3, 2/11/1994) 17.21.050 - Accessory uses. Accessory uses determined by the Director of Community and Economic Development to be compatible with the intent of this chapter are permitted. (Ord. 3272, 2/16/2007; Ord. 2921 § 9, 6/28/1996) 17.21.160 - Conditional uses. A. Churches. A. Fire stations. B. Frozen food or cold storage lockers. C. Funeral homes and mortuaries. D. Gasoline service islands, accessory to convenience or grocery store. E. Human service facilities F. Hotels, motels and hostels. G. Off-street parking structures and lots. H. Self-service car washes. I. Transitional housing Proposed Municipal Code Amendments p.68 J. Clubs and lodges. K. Utility buildings and structures. L. Other uses compatible with the intent of this chapter. (Ord. 3272, 2/16/2007; Ord. 3180 § 1 (part), 12/17/2004; Ord. 3155 § 9, 1/30/2004; Ord. 3071 § 4 (part), 12/15/2000; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2797 § 3, 2/11/1994) 17.21.200 - Area and dimensional requirements. A. Minimum lot area: 57,000 square feet. Residential uses on the first floor shall comply with RHD (PAMC 17.15.020) rear setback requirements. B. Minimum lot width: 50 feet. C. Minimum setback: No structure shall be built within 15 feet of an alley or any adjacent property that has a residential zoning classification. D. Maximum lot coverage: 50 percent, subject to paragraph F. below. E. Maximum site coverage: 80 percent, subject to paragraph F. below. F. In locations where stormwater runoff from structures, paved driveways, sidewalks, patios and other surfaces is shown, by a professional engineer licensed in the State of Washington, to infiltrate on- site, according to the requirements of the most recent edition* of the Stormwater Management Manual for Western Washington, portions of the project can be exempt from lot and site coverage calculations. (See PAMC 17.94.135 for exemptions.) *The word "addition" in Ordinance 3343 corrected by codifier to "edition." G. Maximum building height: 305 feet. (Ord. 3548 § 12, 1/5/2016; Ord. 3343 § 8, 1/1/2009; Ord. 3332 § 3, 4/25/2008; Ord. 3272, 2/16/2007; Ord. 3180 § 1 (part), 12/17/2004; Ord. 3042 § 3 (part) 1/28/2000; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2797 § 3, 2/11/1994) 17.21.210 - Off-street parking. (See Chapter 14.40 PAMC). (Ord. 2797 § 3, 2/11/1994) 17.21.230 - Design and landscaping. A. All outdoor storage areas, except City mechanized refuse collection system containers, shall be screened from view from public rights-of-way and abutting property by a sight-obscuring fence six feet in height. B. All lighting on the site shall be so directed as to reflect away from adjoining non-commercial property and public rights-of-way. Proposed Municipal Code Amendments p.69 C. A six-foot sidewalk accompanied by a minimum four-foot landscape strip shall be required within the right-of-way adjacent to the front property line as well as adjoining arterial corridors. D. The side yard abutting a residentially zoned lot shall be landscaped in a manner that is complementary or similar to residential landscaping. In other words, such landscaping shall be complementary or similar to shrubs of three-foot to six-foot mature height interspersed with evergreen, deciduous and/or ornamental trees. Five feet of the rear yard setback area abutting a residentially zoned lot shall be landscaped in a similar manner. E. Unused space that is over 24 square feet and that results from the design of parking space arrangements or accessory structures shall be landscaped. F. All required parking areas shall include landscaping of at least one tree for each group of six or fewer parking spaces with a minimum of two trees, exclusive of any required perimeter landscaping. [Illustration - 11 parking spaces requires two trees; 12 spaces requires two trees; 13 spaces requires three trees.] The trees shall be of a type approved by the City, and be at least two-inch caliper at time of planting, and placed in a minimum planting area of 100 square feet. Trees shall attain a minimum height of at least 20 feet at maturity. Alternatively, landscaping plans with functionally compatible planters and equivalent vegetative cover may be submitted for approval by the Director of Community and Economic Development as mitigation for this requirement when site constraints deem necessary. G. Parking areas shall have interspersed landscaped islands and shall have no more than eight consecutive parking spaces. Underground parking and parking included in a parking structure are excluded from this requirement. H. All parking lots shall be screened by three-foot to six-foot vision-obscuring fence or vegetation on all sides adjacent to residentially zoned property. (Ord. 3272, 2/16/2007; Ord. 3180 § 1 (part), 12/17/2004; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2797 § 3, 2/11/1994) CHAPTER 17.22 - CSD - COMMUNITY SHOPPING DISTRICT 17.22.010 - Purpose. This is a commercial zone oriented primarily to those businesses serving the daily needs of the surrounding residential zones but is slightly less restrictive than the CN Zone and as such provides a transition area from the most restrictive commercial zones to those of lesser restrictions. Businesses in this zone may occur on sites of varying sizes and shall be located at the intersections of arterial streets of sufficient size to satisfy traffic demand and at the boundaries of neighborhoods so that more than one neighborhood may be served. Commercial uses that are largely devoid of any impacts detrimental to the environment are allowed. Service stations with petroleum products are permitted uses. 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 design standards for greater automobile and truck traffic. (Ord. 3123 § 13, 10/11/2002; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2797 § 4, 2/11/1994) 17.22.040 - Permitted uses. Proposed Municipal Code Amendments p.70 A. Apartments12 B. Apartment buildings C. Art galleries, and museums. and aquariums. D. Artisan manufacturing13 E. Extended stay lodging F. Financial services offices, such as banks, financial institutions, insurance and real estate services offices. G. Personal service facilities, such as barber and beauty shops. H. Business colleges, trade schools, and personal instruction, such as music, art, and dance schools. I. Business and professional offices. J. Child day-cares centers and pre-schools. K. Churches. Community centers L. Drug stores, pharmacies. M. Equipment rentals. N. Food and beverage establishments, such as restaurants, cafeterias, drive-in restaurants, cocktail lounges and taverns; provided, that drive-in restaurants, restaurants with cocktail lounges, and taverns that have direct customer access to an alley abutting residentially zoned property shall be conditional uses. O. Food item retail sales, such as bakery shops, delicatessens, grocery stores and supermarkets. P. General merchandise sales. Q. Hardware stores. R. Household furnishings stores, such as appliance stores, furniture stores, office equipment stores and stereo stores. S. Libraries. T. Medical/dental offices and clinics and laboratories. U. Medical supply stores. V. Printing, blueprinting, photo developing and reproduction. W. Public parks and recreation facilities. Reconstruction, remodeling or improvements to residential structures existing or established prior to January 1, 2007. *to be addressed in Section 17.95.030 “nonconforming building or structure” X. Repair services, such as appliance repair, furnishings repair, shoe repair and TV and stereo repair services. 12 When located on the second or subsequent floor of a building, or basement floor, or located on the ground floor within a detached accessory structure that is on a lot with principal nonresidential uses in operation. 13 For uses located on the ground floor, a high volume, pedestrian-oriented use adjoining the building's entrance on a street is required. Proposed Municipal Code Amendments p.71 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. Y. Self-service laundries. laundromats Z. Service stations. AA. Sign shops. BB. Specialty shops such as gift, florist, hobby, antique, candy, ice cream, movie rental, bicycle, book, computer, toy, and retail pet stores. CC. Small animal veterinary offices. (Ord. 3548 § 13, 1/5/2016; Ord. 3390 § 6, 1/30/2010; Ord. 3272, 2/16/2007; Ord. 3180 § 1 (part), 12/17/2004; Ord. 3155 § 10, 1/30/2004; Ord. 3007 § 5 (part), 1/15/1999; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2797 § 4, 2/11/1994) 17.22.050 - Accessory uses. Accessory uses determined by the Director of Community and Economic Development to be compatible with the intent of this chapter are permitted. (Ord. 3272, 2/16/2007; Ord. 2921 § 10, 6/28/1996) 17.22.160 - Conditional uses. A. Clubs and lodges. B. Drive-in restaurants, restaurants with cocktail lounges and taverns that have direct customer access to an alley abutting residentially zoned property. C. Fire stations. D. Frozen food or cold storage lockers. E. Funeral homes and mortuaries. F. Hotels, motels and hostels. G. Microbreweries. G. Off-street parking structures and lots. H. Self-service car washes. I. Utility buildings and structures. J. Other uses compatible with the intent of this chapter. (Ord. 3272, 2/16/2007; Ord. 3180 § 1 (part), 12/17/2004; Ord. 3155 § 11, 1/30/2004; Ord. 3071, § 4 (part), 12/15/2000; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2797 § 4, 2/11/1994) 17.22.200 - Area and dimensional requirements. Proposed Municipal Code Amendments p.72 A. Minimum lot area and lot width: 7,000 square feet. Residential uses on the first floor shall comply with the RHD (PAMC 17.15.020) rear setback requirements. No minimum size. All newly created lots shall have a minimum area adequate to provide for required setbacks and parking. B. Minimum lot width: 50 feet. C.B Minimum yard requirements: No structure shall be built within 15 feet of an alley that abuts any property that has a residential zoning classification. No loading structure or dock with access onto the alley shall be built within 15 feet of an alley. Driveway access onto an alley shall maintain a vision clearance triangle. The vision clearance triangle shall extend ten feet along the alley and 15 feet along the edge of the driveway, measured from the point of intersection of each side of the driveway and the alley right-of-way line. D. Maximum lot coverage: 50 percent. E. Maximum site coverage: 80 percent. E.F. Maximum height: 35 feet. (Ord. 3548 § 13, 1/5/2016; Ord. 3332 § 4, 4/25/2008; Ord. 3272, 2/16/2007; Ord. 3180 § 1 (part), 12/17/2004; Ord. 3111 § 4, 3/15/2002; Ord. 3042 § 3 (part) 1/28/2000; Ord. 2977 § 1 (part), 12/26/1997; Ord. 2863 § 3, 4/14/1995; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2797 § 4, 2/11/1994) 17.22.210 - Off-street parking. (See Chapter 14.40 PAMC.) (Ord. 2797 § 4, 2/11/1994) 17.22.230 - Design and landscaping. A. All outdoor storage areas, except City mechanized refuse collection system containers, shall be screened from view from public rights-of-way and abutting property by a sight-obscuring fence six feet in height. B. All lighting on the site shall be so directed as to reflect away from adjoining non-commercial property and public rights-of-way. C. A six-foot sidewalk accompanied by a minimum four-foot landscape strip shall be required within the right-of-way adjacent to the front property line as well as adjoining arterial corridors. D. The side yard abutting a residentially zoned lot shall be landscaped in a manner that is complementary or similar to residential landscaping. In other words, such landscaping shall be complementary or similar to shrubs of three-foot to six-foot mature height interspersed with evergreen, deciduous and/or ornamental trees. Five feet of the rear yard setback area abutting a residentially zoned lot shall be landscaped in a similar manner. E. Unused space that is over 24 square feet and that results from the design of parking space arrangements or accessory structures shall be landscaped. F. All required parking areas shall include landscaping of at least one tree for each group of six or fewer parking spaces with a minimum of two trees, exclusive of any required perimeter landscaping. [Illustration - 11 parking spaces requires two trees; 12 spaces requires two trees; 13 spaces requires Proposed Municipal Code Amendments p.73 three trees.] The trees shall be of a type approved by the City, and be at least two-inch caliper at time of planting, and placed in a minimum planting area of 100 square feet. Trees shall attain a minimum height of at least 20 feet at maturity. Alternatively, landscaping plans with functionally compatible planters and equivalent vegetative cover may be submitted for approval by the Director of Community and Economic Development as mitigation for this requirement when site constraints deem necessary. G. Parking areas shall have interspersed landscaped islands and shall have no more than eight consecutive parking spaces. Underground parking and parking included in a parking structure are excluded from this requirement. H. All parking lots shall be screened by three-foot to six-foot vision-obscuring fence or vegetation on all sides adjacent to residentially zoned property. (Ord. 3272, 2/16/2007; Ord. 3180 § 1 (part), 12/17/2004; Ord. 2797 § 4, 2/11/1994) CHAPTER 17.23 - CA - COMMERCIAL, ARTERIAL 17.23.010 - Purpose. This is a commercial zone intended to create and preserve areas for businesses serving the entire City and needing an arterial location because of the nature of the business or intensity of traffic generated by the business. Commercial uses that are largely devoid of any impacts detrimental to the environment are allowed. Service stations with petroleum products and dry cleaning shops with hazardous materials are permitted uses. This zone provides the basic urban land use pattern for automobile oriented, commercial uses with direct access on a principal arterial street and design standards for greater automobile and truck traffic. (Ord. 3123 § 14, 10/11/2002; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2293 § 1 (part), 4/4/1984) 17.23.040 - Permitted uses. A. Retail buildings: General commercial uses: 1. Artisan manufacturing14 2. Auto supply stores, service stations, self-service gas islands, car wash facilities and tire shops. 3. Building material stores, cabinet shops, glass stores, hardware stores, lumber yards, paint stores and plumbing supply stores. 4. Conference centers Commercial recreation establishments, such as bowling alleys, theaters (movie and others), skating rinks, putt-putt golf courses, climbing walls and arcades. *moved to services below 4. Drug stores, pharmacies. 5. Extended stay lodging 14 For uses located on the ground floor, a high volume, pedestrian-oriented use adjoining the building's entrance on a street is required. Proposed Municipal Code Amendments p.74 6. Farm equipment stores, garden supply stores, nurseries. 6. Food and beverage establishments, such as cafes, cafeterias, restaurants, take-out lunch stands, drive-in restaurants, cocktail lounges and taverns; provided that drive-in restaurants, restaurants with cocktail lounges, and taverns, that have direct customer access to an alley abutting residentially zoned property, shall be conditional uses. 7. Food item retail sales, such as bakery shops, candy and ice cream stores, delicatessens, fruit and vegetable stands, grocery stores, liquor stores, meat and fish markets and supermarkets. 8. General merchandise stores, such as clothing and shoe stores, department stores, second-hand stores, antique stores, pawn shops, sporting goods stores and variety stores. 9. Household furnishings stores, such as appliance stores, furniture stores, office equipment stores and stereo stores. 10. Motels, hotels and hostels. 11. Medical supply stores. 12. Dealerships of new and used automobiles, trucks, trailers, motorcycles, recreational vehicles, tractors, boats, including related sales, leasing and servicing. 13. Specialty shops, such as gift, florist, hobby, antique, candy, ice cream, movie rental, bicycle, book, computer, toy, and retail pet stores. 14. Shopping centers, not exceeding 100,000 square feet in building floor area. B. Services: 1. Art galleries, and museums. and aquariums. 2. Business colleges, trade schools and personal instruction such as music, art, and dance schools. 3. Business and professional offices. 4. Chemical dependency treatment and detoxification centers. 5. Child day-cares centers and pre-schools. 6. Commercial recreation establishments and entertainment services, such as bowling alleys, theaters (movie and others), skating rinks, putt-putt golf courses, climbing walls and arcades. 7. Churches. 7. Equipment rental stores. 8. Financial services offices, such as banks, financial institutions, insurance and real estate services offices. 9. Frozen food or cold storage lockers. 10. Funeral homes and mortuaries. 11. LaundriesLaundromats, commercial and self-service, dry cleaning shops and tailor shops. 12. Libraries. 13. Medical/dental offices and clinics and laboratories. Proposed Municipal Code Amendments p.75 14. Personal services facilities, such as barber shops and beauty shops, exercise and reducing studios and travel agencies. 15. Printing, blueprinting, photo developing and reproduction shops. 16. Public parks and recreation facilities. 17. Repair services shops, such as appliance repair, furnishings repair shops, shoe repair and TV and stereo repair services. 18. Sign shops. 19. Small animal veterinary offices. 20. Utility buildings and structures. C. Institutional: 1. Clubs and lodges. D. Residential: 1. Apartments15 2. Apartment buildings Reconstruction*, remodeling or improvements to residential structures existing or established prior to January 1, 2007. 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. E. Transportation and communication: 1. Conference centers, auditoriums. 2. Ferry, seaplane, airplane, and helicopter facilities. 3. Mass transit terminals. 4. Parcel delivery service terminals. 5. Radio stations, TV stations and newspaper buildings. 6. Vehicular services buildings, such as ambulance service, automotive and truck rentals, and vehicle maintenance and repair shops, not including auto body and paint shops and auto engine repair shops. F. Wholesale: 1. Mini-warehouses, transfer, moving and storage facilities. 2. Warehouse buildings and yards. 3. Wholesale stores. 15 When located on the second or subsequent floor of a building, or basement floor, or located on the ground floor within a detached accessory structure that is on a lot with principal nonresidential uses in operation. Proposed Municipal Code Amendments p.76 (Ord. 3548 § 14, 1/5/2016; Ord. 3390 § 7, 1/30/2010; Ord. 3272, 2/16/2007; Ord. 3180 § 1 (part), 12/17/2004; Ord. 3155 § 12, 1/30/2004; Ord. 3071, § 4 (part), 12/15/2000; Ord. 3007 § 5 (part), 1/15/1999; Ord. 2861 § 1 (part), 3/17/1997; Ord. 2742 § 1, 1/29/1993; Ord. 2652 § 12, 9/27/1991; Ord. 2636 § 6 (part), 5/15/1991; Ord. 2591 § 1, 5/25/1990; Ord. 2293 § 1 (part), 4/4/1984.) 17.23.080 - Accessory uses. Accessory uses determined by the Director of Community and Economic Development to be compatible with the intent of this chapter are permitted. (Ord. 3272, 2/16/2007; Ord. 2921 § 11, 6/28/1996; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2293 § 1 (part), 4/4/1984) 17.23.160 - Conditional uses. A. Auto body and paint shops and auto engine repair shops. B. Community centers C. Drive-in restaurants, restaurants with cocktail lounges and taverns, all of which have direct customer access to an alley abutting residentially zoned property. C. Fire stations. D. Human service facilities E. Licensed impound yards. E. Massage parlors, saunas and steam baths, as primary use. F. Microbreweries. G. Off-premises outdoor advertising signs. H. Off-street business parking structures and lots. I. Recreational vehicles, vacation trailers, and campers courts and parks. J. Salvage and recycling buildings. K. Shopping centers, exceeding 100,000 square feet in building floor area. L. Social service agency buildings providing 24-hour residential care. M. Transitional housing M. Kennels, provided: 1. Buildings and structures are soundproof. 2. All run areas are surrounded by an eight-foot solid wall or fence. 3. Animal runs are to be constructed in such a manner that no animal can see another. N. Other uses compatible with the intent of this chapter. Proposed Municipal Code Amendments p.77 (Ord. 3272, 2/16/2007; Ord. 3155 § 13, 1/30/2004; Ord. 2948 § 5 (part), 2/14/1997; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2837 § 1, 9/30/1994; Ord. 2796 § 10, 2/11/1994; Ord. 2752 § 2, 3/26/1993; Ord. 2652 § 13, 9/27/1991; Ord. 2636 § 6 (part), 5/15/1991; Ord. 2293 § 1 (part), 4/4/1984) 17.23.200 - Area and dimensional requirements. A. Minimum lot area and lot width: 7,000 square feet. Residential uses on the first floor shall comply with the RHD (PAMC 17.15.020) rear setback requirements. No minimum size. All newly created lots shall have a minimum area adequate to provide for required setbacks and parking. B. Minimum lot width: 50 feet. B. Setbacks: Front: No setback requirement. Rear: No structure shall be built within 15 feet of an alley that abuts any property that has a residential zoning classification or an alley No structure shall be built within the rear 15 feet of a lot that abuts an alley or a residential zone. Side: No structure shall be built within 15 feet of an alley or that abuts any property that has a residential zoning classification or an alley. No side yard shall be required when abutting another commercially zoned lot, except that for ground floor residential structures a seven-foot side yard shall be required. D. Maximum lot coverage: 60 percent. E. Maximum site coverage: 80 percent. F. Maximum building height: 35 feet. (Ord. 3548 § 14, 1/5/2016; Ord. 3332 § 5, 4/25/2008; Ord. 3272, 2/16/2007; Ord. 3180 § 1 (part), 12/17/2004; Ord. 2977 § 1 (part) 12/26/1997; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2591 § 2, 5/25/1990; Ord. 2293 § 1 (part), 4/4/1984) 17.23.210 - Off-street parking. (See Chapter 14.40 PAMC.) (Ord. 2861 § 1 (part), 3/17/1995; Ord. 2293 § 1 (part), 4/4/1984) 17.23.230 - Design and landscaping. A. All outdoor storage areas except sanitation receptacles associated with mechanized collection shall be screened from view from public rights-of-way and abutting property by a sight-obscuring fence six feet in height. B. All lighting on the site shall be directed or shaded so as not to shine directly on adjoining non- commercial property. C. A six-foot sidewalk accompanied by a minimum four-foot landscape strip shall be required within the right-of-way adjacent to the front property line as well as adjoining arterial corridors. Proposed Municipal Code Amendments p.78 D. A visual screen consisting of solid fencing, landscaping, or other materials, shall be provided in the yard abutting residentially zoned land. Such a screen shall be to a height of six feet. If landscaping is used, it shall include evergreen shrubs planted to form a hedge that will reach a height of six feet within three years of the planting date. Such screen shall be maintained to a maximum height of six feet. Approved vehicle driveways to an alley and sanitation receptacles associated with mechanized collection shall not be obstructed. Clear vision triangles shall be maintained. E. All required parking areas shall include landscaping of at least one tree for each group of six or fewer parking spaces with a minimum of two trees, exclusive of any required perimeter landscaping. [Illustration - 11 parking spaces requires two trees; 12 spaces requires two trees; 13 spaces requires three trees.] The trees shall be of a type approved by the City, and be at least two-inch caliper at time of planting, and placed in a minimum planting area of 100 square feet. Trees shall attain a minimum height of at least 20 feet at maturity. Alternatively, landscaping plans with functionally compatible planters and equivalent vegetative cover may be submitted for approval by the Director of Community and Economic Development as mitigation for this requirement when site constraints deem necessary. F. Parking areas shall have interspersed landscaped islands and shall have no more than eight consecutive parking spaces. Underground parking and parking included in a parking structure are excluded from this requirement. (Ord. 3272, 2/16/2007; Ord. 3180 § 1 (part), 12/17/2004; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2293 § 1 (part), 4/4/1984) CHAPTER 17.24 - CBD - CENTRAL BUSINESS DISTRICT 17.24.010 - Purpose. This is a commercial zone intended to strengthen and preserve the area commonly known as the downtown for major retail buildings, service, financial, and other commercial operations that serve the entire community, the regional market, and tourists. It is further the purpose of this zone to establish standards to improve pedestrian access and amenities and to increase public enjoyment of the shoreline. Commercial uses that are largely devoid of any impacts detrimental to the environment are allowed. Gasoline service islands and marine fueling stations are conditionally permitted uses. This zone provides the basic urban land use pattern for commercial, mixed use and, pedestrian oriented uses located in the center of the City with direct access to mass transit services, design standards for compatible commercial development, and support for public parking and business improvements. (Ord. 3272, 2/16/2007; Ord. 3180 § 1 (part), 12/17/2004; Ord. 3123 § 15, 10/11/2002; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2303 § 1 (part), 7/4/1984) 17.24.040 - Shoreline Master Program. Within 200 feet of ordinary high water, permitted or conditional uses must comply with the Shoreline Master Program, as adopted and amended by the City. (Ord. 2861 § 1 (part), 3/17/1995; Ord. 2303 § 1 (part), 7/4/1984) 17.24.041 - Permitted uses. Proposed Municipal Code Amendments p.79 A. Retail buildings: General commercial uses: 1. Artisan manufacturing16 2. Auto supply stores. 3. Extended stay lodging 4. Hardware stores, paint stores and plumbing supply stores. 6. Commercial recreation establishments, such as bowling alleys, theaters (movie and others), skating rinks, putt-putt golf courses, climbing walls and arcades. *moved to services below 5. Food and beverage establishments, such as cocktail lounges, cafés, cafeterias, restaurants, sidewalk cafés (subject to the permit requirements of the Street Use Ordinance No. 2229 as amended by 2350), take-out lunch stands and taverns. 6 Food item retail sales, such as bakery, candy and ice cream stores, delicatessens, fruit and vegetable stands, grocery stores, liquor stores, and meat and fish markets. 7. General merchandise stores, such as clothing and shoe stores, department stores, drug stores, second-hand stores, antique stores, pawn shops, shopping centers (100,000 square feet or less in building floor area), sporting goods stores and variety stores. 8. Household furnishings stores, such as appliance stores, furniture stores, office equipment stores and stereo stores. 9. Motels, hotels and hostels. 10. Specialty shops such as gift, florist, hobby, antique, candy, ice cream, movie rental, bicycle, book, computer, toy, and retail pet stores. B. Services: 1. Art galleries, and museums. and aquariums. 3. Business colleges, trade schools, and personal instruction such as music, art, and dance schools. 4. Business and professional offices. 5. Business services offices, such as accounting, tax, employment, management consulting, and printing services. 6. Child day-cares centers and pre-schools. 7. Commercial recreation establishments and entertainment services, such as bowling alleys, theaters (movie and others), skating rinks, putt-putt golf courses, climbing walls and arcades. 8. Community centers Churches per table A. 9. Conference centers 10. Financial services offices, such as banks, financial institutions, insurance and real estate services offices. 11. Self-service laundries and tailor shops. 16 For uses located on the ground floor, a high volume, pedestrian-oriented use adjoining the building's entrance on a street is required. Proposed Municipal Code Amendments p.80 12. Libraries. 13. Medical/dental offices and clinics and laboratories. 14. Medical supply stores. 15. Personal services facilities, such as barber and beauty shops, exercise and reducing studios and travel agencies. 16. Public parks and recreation facilities. 17. Repair services shops, such as appliance repair, furnishing repair, shoe repair, and TV and stereo repair services. C. Institutional: 1. Clubs and lodges. 2. Research vessels. D. Residential: 1. Apartments17 2. Apartment buildings 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. E. Transportation and communication: 1. Conference centers, auditoriums. 2. Ferry, seaplane and helicopter facilities. 3. Mass transit terminals and multimodal centers. 4. Off-street business parking structures and lots. 5. Radio stations, TV stations and newspaper buildings. 6. Vehicular rental services facilities, including light trucks, automobiles, motorcycles, mopeds and bicycles. 7. Vessel moorage, including marinas and docks for pleasure boats, Coast Guard vessels, and submarines. (Ord. 3548 § 15, 1/5/2016; Ord. No. 3441 § 8, 11/15/2011; Ord. 3390 § 8, 1/30/2010; Ord. 3272, 2/16/2007; Ord. 3180 § 1 (part), 12/17/2004; Ord. 3007 § 5 (part), 1/15/1999; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2742 § 1, 1/29/1993; Ord. 2652 § 14, 9/27/1991; Ord. 2591; § 3, 5/25/1990; Ord. 2533 § 1, 5/24/1989; Ord. 2303 § 1 (part), 7/4/1984) 17.24.080 - Accessory uses. 17 When located on the second or subsequent floor of a building, or basement floor, or located on the ground floor within a detached accessory structure that is on a lot with principal nonresidential uses in operation. Proposed Municipal Code Amendments p.81 Accessory uses determined by the Director of Community and Economic Development to be compatible with the intent of this chapter are permitted. (Ord. 3272, 2/16/2007; Ord. 2921 § 12, 6/28/1996; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2303 § 1 (part), 7/4/1984) 17.24.160 - Conditional uses. A. Boat sales, marine items and related servicing facilities. B. Fire stations. C. Human service facilities18 D. Glass stores. D. Microbreweries. E. Self-service gas islands and gasoline service islands, accessory to convenience or grocery stores. F. Social service agency buildings providing 24-hour residential care. G. Transitional housing Utility buildings and structures. H. Other uses compatible with the intent of this chapter. (Ord. 3272, 2/16/2007; Ord. 3180 § 1 (part), 12/17/2004; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2837 § 2, 9/30/1994; Ord. 2796 § 11, 2/11/1994; Ord. 2752; § 3, 3/26/1993; Ord. 2652 § 15, 9/27/1991; Ord. 2636 § 7, 5/15/1991; Ord. 2303 § 1 (part), 7/4/1984) 17.24.200 - Area and dimensional requirements. A. Minimum lot area and lot width: 3,500 square feet. Residential uses on the first floor shall comply with RHD rear setback requirements. No minimum size. All newly create lots shall have a minimum area adequate to provide for required setbacks and parking. B. Minimum lot width: 25 feet. Setbacks/building envelope distances: Side: None, except no structure shall be built within ten feet of any property that has a residential zoning classification. No side yard required when abutting a commercial, green belt, or industrial zoned lot; except that for ground floor residential structures a seven-foot side yard shall be required. Rear: None, except no loading structure or dock shall be built within 15 feet of any alley. Front: At least 50 percent of the front property line shall be abutted by a building; provided, however, that for the purposes of this section, a publicly accessible plaza, square, outdoor dining area, or similar area shall be considered a building. 18 Must be located on the second or subsequent floor of a building, or basement floor, to be considered a conditional use. Not permitted on a ground floor space. Proposed Municipal Code Amendments p.82 C. Maximum lot and site coverage: 100 percent maximum. D. Maximum building height: 45 feet. Additional height may be approved through a conditional use permit process that considers the impacts upon existing views and solar protection, shadow impacts, and factors such as the height of the bluff south of First Street. E. Minimum building height: All new structures in the CBD shall have a minimum of two functional floors or stories above adjoining street level. F. (Ord. 3332 § 6, 4/25/2008; Ord. 3272, 2/16/2007; Ord. 3180 § 1 (part), 12/17/2004; Ord. 3137 § 2, 2/14/2003; Ord. 3042 § 3 (part) 1/28/2000; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2303 § 1 (part), 7/4/1984) 17.24.210 - Off-street parking. (See Chapter 14.40 PAMC.) (Ord. 2861 § 1 (part), 3/17/1995; Ord. 2303 § 1 (part), 7/4/1984) 17.24.220 - Signs. Signs shall comply with Chapter 14.36 PAMC. (Ord. 2861 § 1 (part), 3/17/1995; Ord. 2303 § 1 (part), 7/4/1984) 17.24.230 - Design and landscaping standards. A. All outdoor storage areas, except those associated with municipal solid waste collection, shall be screened from public view from public rights-of-way and established marine and pedestrian routes. B. At least the first five feet of the ten-foot setback area abutting a residential zone shall be landscaped. Landscaping shall include shrubs and trees of at least six-foot mature height capable of forming a visual screen. C. Drive-in facilities, including accessory uses such as drive-in windows of banks and restaurants, except for ferry terminals and parking lots and structures, are prohibited. (Ord. 3180 § 1 (part), 12/17/2004; Ord. 3042 § 3 (part) 1/28/2000; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2303 § 1 (part), 7/4/1984) CHAPTER 17.25 - CR - COMMERCIAL, REGIONAL 17.25.010 - Purpose. This is a commercial zone intended to create and preserve areas for businesses serving the entire region and needing an arterial location because of the nature of the business, intensity of traffic generated, or a demand for large land areas by the business. These types of commercial uses provide a multiplicity of Proposed Municipal Code Amendments p.83 goods and services in a single location and therefore require large areas for the building and parking. Commercial uses that are largely devoid of any impacts detrimental to the environment are allowed. Service stations with petroleum products and dry cleaning shops with hazardous materials are permitted uses. Such uses do not follow the basic land use pattern of the traditional townsite and are not typically pedestrian oriented. This zone offers vehicular access from major transportation corridors. (Ord. 3180 § 1 (part), 12/17/2004) 17.25.040 - Permitted uses. A. Retail: General commercial uses: 1. Artisan manufacturing19 2. Auto supply stores, service stations, self-service gas islands, car wash facilities, and tire shops. 2. Building material stores, cabinet shops, glass stores, hardware stores, lumber yards, paint stores, and plumbing supply stores. 3. Businesses selling medical supplies, goods, instruments, medicine and similar items. 4. Extended stay lodging Commercial recreation establishments, such as bowling alleys, theaters (movie and others), skating rinks, driving ranges, putt-putt golf courses, climbing walls and arcades. *put in services below. 5. Farm equipment stores, garden supply stores, nurseries. 6. Food and beverage establishments, such as cocktail lounges, cafes, cafeterias, drive-in restaurants, restaurants, take-out lunch stands, and taverns; provided that drive-in restaurants, restaurants with cocktail lounges, and taverns, that have direct customer access to an alley abutting residentially zoned property, shall be conditional uses. 7. Food item retail sales outlets, such as bakery shops, candy and ice cream stores, delicatessens, fruit and vegetable stands, grocery stores, liquor stores, meat and fish markets, including frozen or cold storage food lockers and supermarkets. 8. General merchandise stores, such as catalogue sales stores, clothing and shoe stores, department stores, drug stores, second-hand stores, antique stores, pawn shops, sporting goods stores and variety stores. 9. Household furnishings stores, such as appliance stores, furniture stores, office equipment stores and stereo stores. 10. Motels, hotels and hostels. 11. Dealerships of new and used automobiles, trucks, trailers, motorcycles, recreational vehicles, tractors, boats, including related sales, leasing, renting, and servicing. 12. Specialty shops, such as gift, florist, hobby, antique, candy, ice cream, movie rental, bicycle, book, computer, toy, and retail pet stores. 19 For uses located on the ground floor, a high volume, pedestrian-oriented use adjoining the building's entrance on a street is required. Proposed Municipal Code Amendments p.84 13. Shopping centers. B. Services: 1. Art galleries, and museums. and aquariums. 3. Business colleges, trade schools, and personal instruction such as music, art, and dance schools. 4. Business parks and professional offices. 5. Business services offices, such as accounting, tax, employment, and management consulting services. 6. Cemeteries. 7. Chemical dependency treatment and detoxification centers. 8. Child day-cares centers and pre-schools. 9. Commercial recreation establishments and entertainment services, such as bowling alleys, theaters (movie and others), skating rinks, driving ranges, putt-putt golf courses, climbing walls and arcades. 10. Churches. Community centers 11. Conference centers 12. Equipment rental stores. 13. Financial services offices, such as banks, financial institutions, insurance and real estate services offices. 14. Frozen food or cold storage lockers. 15. Funeral homes and mortuaries. 16. Laundries, commercial and self-service, dry cleaning shops, and tailor shops. 17. Libraries. 18. Medical/dental offices and clinics and laboratories. 19. Personal services facilities, such as barber and beauty shops, exercise and reducing studios, and travel agencies. 20. Printing, blueprinting, photo developing and reproduction, and sign shops. 21. Public parks and recreation facilities. 22. Repair services shops, such as appliance repair, shoe repair, and TV and stereo repair services. 23. Veterinary offices, clinics and kennels. C. Institutional: 1. Social clubs, lodges and fraternal organizations. 2. Schools (community centers) D. Residential: Proposed Municipal Code Amendments p.85 1. Apartments20 2. Apartment buildings 1. Reconstruction, remodeling, or improvements to residential structures existing or established prior to January 1, 2007. *covered in Section 17.95.030 “nonconforming building and structure” 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. E. Transportation and communication: 1. Conference centers and auditoriums. 2. Airplane and helicopter facilities. 3. Mass transit terminals. 4. Parcel delivery service terminals. 5. Radio stations, TV stations and newspaper buildings. 6. Vehicular services buildings, such as ambulance service, automotive and truck rentals, and vehicle maintenance and repair shops, not including auto body and paint shops. F. Wholesale: 1. Storage services buildings, such as frozen food and cold storage lockers, mini-warehouses, transfer, moving and storage facilities. 2. Warehouse buildings and yards. 3. Wholesale stores. G. Mixed commercial/residential development. (Ord. 3548 § 16, 1/5/2016; Ord. 3390 § 9, 1/30/2010; Ord. 3272, 2/16/2007; Ord. 3180 § 1 (part), 12/17/2004) 17.25.080 - Accessory uses. Accessory uses determined by the Director of Community and Economic Development to be compatible with the intent of this chapter are permitted. (Ord. 3272, 2/16/2007; Ord. 3180 § 1 (part), 12/17/2004) 17.25.160 - Conditional uses. A. Auto body and paint shops. B. Drive-in restaurants, restaurants with cocktail lounges and taverns that have direct customer access to an alley abutting residentially zoned property. 20 When located on the second or subsequent floor of a building, or basement floor, or located on the ground floor within a detached accessory structure that is on a lot with principal nonresidential uses in operation. Proposed Municipal Code Amendments p.86 C. Fire stations. D. Human service facilities E. Licensed impound yards. F. Massage parlors, saunas and steam baths, as primary use. F. Microbreweries. G. Off-premises outdoor advertising signs. H. Off-street business parking structures and lots. I. Recreational vehicles, vacation trailers, and campers courts and parks. J. Salvage and recycling buildings. K. Social service agency buildings providing 24-hour residential care. L. Transitional housing M. Utility buildings and structures. N. Other uses compatible with the intent of this chapter. (Ord. 3272, 2/16/2007; Ord. 3180 § 1 (part), 12/17/2004) 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. B. Minimum lot width: 50 feet. C. Setbacks: Front: No setback requirement. Rear: No structure shall be built within the rear 15 feet of a lot that abuts an alley or a residential district. Side: No structure shall be built within 15 feet of any property that has a residential zoning classification or an alley. No side yard shall be required when abutting another commercially zoned lot, except that for residential and mixed commercial/residential structures a seven-foot side yard shall be required. D. Maximum lot coverage: 60 percent. E. Maximum lot coverage: 80 percent. E.F Maximum building height: 35 feet. (Ord. 3548 § 16, 1/5/2016; Ord. 3332 § 7, 4/25/2008; Ord. 3272, 2/16/2007; Ord. 3180 § 1 (part), 12/17/2004) 17.25.210 - Off-street parking. Proposed Municipal Code Amendments p.87 (See Chapter 14.40 PAMC.) (Ord. 3180 § 1 (part), 12/17/2004) 17.25.230 - Design and landscaping. A. All outdoor storage areas except sanitation receptacles associated with mechanized collection shall be screened from view from public rights-of-way and abutting property by a sight-obscuring fence six feet in height. B. All lighting on the site shall be directed or shaded so as not to shine directly on adjoining non- commercial property. C. A six-foot sidewalk accompanied by a minimum four-foot landscape strip shall be required within the right-of-way adjacent to the front property line as well as adjoining arterial corridors. D. A visual screen consisting of solid fencing, landscaping, or other materials, shall be provided in the yard abutting residentially zoned land. Such a screen shall be to a height of six feet. If landscaping is used, it shall include evergreen shrubs planted to form a hedge that will reach a height of six feet within three years of the planting date. Such screen shall be maintained to a maximum height of six feet. Approved vehicle driveways to an alley and sanitation receptacles associated with mechanized collection shall not be obstructed. Clear vision triangles shall be maintained. E. All required parking areas shall include landscaping of at least one tree for each group of six or fewer parking spaces with a minimum of two trees, exclusive of any required perimeter landscaping. [Illustration - 11 parking spaces requires two trees; 12 spaces requires two trees; 13 spaces requires three trees.] The trees shall be of a type approved by the City, and be at least two-inch caliper at time of planting, and placed in a minimum planting area of 100 square feet. Trees shall attain a minimum height of at least 20 feet at maturity. Alternatively, landscaping plans with functionally compatible planters and equivalent vegetative cover may be submitted for approval by the Director of Community and Economic Development as mitigation for this requirement when site constraints deem necessary. F. Parking areas shall have interspersed landscaped islands and shall have no more than eight consecutive parking spaces. Underground parking and parking included in a parking structure are excluded from this requirement. (Ord. 3272, 2/16/2007; Ord. 3180 § 1 (part), 12/17/2004) Proposed Municipal Code Amendments p.88 CHAPTER 17.45 - IOZ - INFILL OVERLAY ZONE 17.45.010 - Purpose. This overlay zone The Infill Overlay Zone (IOZ) is designed to provide alternative zoning regulations that permit and encourage design flexibility through the implementation of smart growth practices to promote infill, maximum density, attainable housing, and functional innovation in developments that are both transit and pedestrian oriented and which blend into the character of the existing neighborhoods. It is intended that an Infill Overlay Zone (IOZ) will result in a residential environment of higher quality than traditional lot-by-lot development by use of a design process that includes within the site design all the components of an urban residential environment, such as walkability, access to transit, and a variety of building types, in a manner consonant with the public health, safety and welfare and results in a specifically approved site design. IOZ's are aimed to implement smart growth practices on infill or redevelopment sites that are surrounded by existing development and infrastructure. It is also intended that an IOZ may combine a number of land use decisions such as conditional use permits, rezones, and subdivisions into a single project review process to encourage timely public hearings and decisions and to provide for attainable higher densities than is required or may be permitted between single-family and multi-family zones. The consolidation of permit reviews does not exempt applicant(s) from meeting the regulations and submitting the fees and applications normally required for the underlying permit processes. Few nonresidential uses are allowed in this overlay zone and then only conditionally, because of land use impacts associated with nonresidential uses. Incorporation of conditionally permitted commercial neighborhood uses and mixed use developments can be achieved through the IOZ review. This overlay zone provides for the creation of infill developments and smaller self-contained residential neighborhoods that complement the existing neighborhood without following a standard system of public streets and lot design and with opportunities for residential and commercial neighborhood developments not usually permitted in residential zones. (Ord. 3294, 8/31/2007) 17.45.011 - Definitions. A. Attainable housing: Residential housing available for sale or rent that requires a monthly housing cost, including utilities other than telephone, of no more than 30 percent of the net income of an eligible household. For purposes of the preceding sentence, an eligible household is one with a total net household income no greater than 120 percent of the Clallam County median income as reported by the Washington State Office of Financial Management. B. Infill Overlay Zone (IOZ): A site-specific development that has been approved by the City under the provisions of Chapter 17.45 of the Port Angeles Municipal Code. C. Neighborhood density: The number of dwelling units per gross acre allowed by underlying zone or zones. (Ord. 3548 § 22, 1/5/2016; Ord. 3294, 8/31/2007) 17.45.020 - Applicability. IOZs may be established considered when the subject property is: , subject to final approval of a proposal for a specific parcel or parcels of land Proposed Municipal Code Amendments p.89 a. Located in the RHD, RMD and RS-7 residential districts. An IOZ shall b. Ccontain a minimum lot area of 201,000 square feet but shall be limited to less than 3.44 acres in size with densities permitted per the underlying zone or zones per 17.45.060. The site shall be c. If composed of more than one lot or parcel, they should be contiguous. lots or parcels. Minimum lot area may not be achieved by including areas included in property that has been d. Not part of a subdivision receiving final plat approval finaled within the preceding five years. Conditionally approved commercial neighborhood uses shall be limited to IOZ developments greater than one acre in size. All IOZs shall consist of a development that is primarily residential in nature. (Ord. 3294, 8/31/2007) 17.45.030 - Permitted uses Allowed uses. All principal, accessory and conditional uses permitted in the underlying zone(s) are allowed in IOZs. Residential building types in an IOZ may vary from those permitted in the underlying zone or zones. (Ord. 3294, 8/31/2007) 17.45.031 - Conditional uses. Conditional uses may be allowed similarly to those conditionally permitted in the underlying zone(s) or may include commercial neighborhood and commercial recreational uses that primarily serve neighborhood residents. (Ord. 3294, 8/31/2007) 17.45.040 - Permitted modifications of land use regulations. The approval of an IOZ may include modifications to the requirements and standards of the underlying land use regulations of the zone in which the project is located subject to the limitations of this chapter. No approval shall include a modification, variance, or waiver of the exterior setback areas required by the underlying zone along the exterior property lines of the IOZ, or of the environmental requirements of the Shoreline Master Program as included in Title 15 of the PAMC and of any building permit, clearing and grading permit and stormwater permit requirements., except[AB1] as provided in Chapter 173-14 WAC. (Ord. 3294, 8/31/2007) 17.45.050 – Design and Development Standards[AB2]. The following standards shall apply to all IOZs: A. All street and utility improvements shall be constructed to standards specified by the City of Port Angeles. Street widths may vary from widths required in the subdivision regulations. , and Iinterior streets may be either public or private. Streets intended to be dedicated to the City must meet minimum street design standards set forth in the City of Port Angeles Urban Standards And Guidelines Manual, with exception to minimum street widths. Street widths may vary from widths required if they achieve the goals of the IOZ. All requests for variations to street widths must obtain support by the City Engineer. In suitable locations, common parking areas may suffice Proposed Municipal Code Amendments p.90 without the provision of interior streets. On-site Off-street parking requirements should be consistent with Title 14 of the Port Angeles Municipal Code[AB3]. B. All IOZs shall devote at least 30 20 percent of residential units to attainable housing. C. All IOZs shall provide for a mechanism to ensure that attainable housing remains attainable in perpetuity. Such mechanism shall be approved by the Director of Community and Economic Development and be stipulated on the final plat. D. Common parking and landscaped areas shall be maintained as an integral part of the site and may not be segregated as a separate parcel or parcels unless such parcels are to be owned by a homeowner's association. E. All IOZs shall provide for continuous and perpetual maintenance of common open space, common recreation facilities, private roads, utilities, parking areas, and other similar development within the boundaries of the IOZ in form and manner acceptable to the City. F. All IOZs shall ensure that proposed structures blend into the residential character of the surrounding neighborhood. Multi-family uses in a predominately single-family neighborhood should simulate a single-family residence in appearance. G. Platting shall be required for all projects that involve or contemplate the subdivision of land. Lots in a platted IOZ may be sold to separate owners. No further subdivision of land within the IOZ will be permitted unless a formal amendment to the IOZ is approved. H. Conditional use permits shall be required for all projects that involve or contemplate conditional uses that may be allowed in the underlying zone(s). In addition to the conditional uses allowed in the underlying zone(s), commercial neighborhood uses (as permitted per section 17.21.040 PAMC) may be considered for conditional use permit(s) during the IOZ approval process. No further conditional use permits except home occupations will be permitted within the IOZ unless a formal amendment to the IOZ is approved. I. For any underlying land use regulatory process that is consolidated through the IOZ overlay process, the criteria and development standards of that underlying land use process shall be met. Any subsequent land use decision made pursuant to an underlying land use regulatory process shall also require a formal amendment to the IOZ. J. To encourage design flexibility, maximum density, and innovations that result in a higher quality residential environment than traditional subdivisions, site planning and architectural review that address specific criteria are required of all development in the IOZ. Where applicable, the design of IOZs shall accomplish the following to the greatest extent possible: 1. Maximize the urban density of the underlying zone; 2. Provide affordable housing and attainable housing that complements the surrounding residential environment; 3. Provide a walkable, active, and transit oriented environment including, but not limited to, bicycle or pedestrian paths, proximity to public transit, children's play areas, and common open space areas; 4. Preserve scenic view corridors, both internal and external to the site; and 5. Ensure Tthe design of all open space areas and building structures shall be compatible with and complementary to the environment in which they are placed. K. All IOZs shall comply with the goals and policies of the Port Angeles Comprehensive Plan. (Ord. 3390 § 10, 1/30/2010; Ord. 3294, 8/31/2007) 17.45.060 - Density. Proposed Municipal Code Amendments p.91 Every IOZ shall be allowed the density of the underlying zone or zones in which the site is located and a bonus of two additional units per acre on the portions of the site exclusive of environmentally sensitive areas. Where possible maximum density of the underlying zone shall be attained. All IOZs shall exceed the minimum density per Table 17.45.060A. Density credits for environmentally sensitive areas protected by Title 15 PAMC shall be allowed in addition to the base density calculated for the buildable area of the site per subsection 15.20.070.F and subsection 15.24.070.F. Table 17.45.060 A - Minimum and Maximum allowable densities (inclusive of 2 unit bonus[AB4]) Zone Minimum Density (Units Per Acre) Maximum Density (Units Per Acre) RS-7 4.84 8.22 RMD 8.22 14.44 RHD 14.44 40.56 (Ord. 3294, 8/31/2007) 17.45.070 - Procedure for approval. The procedure for approval of an IOZ shall be composed of four steps: A. Conceptual plan and pre-application submittal and neighborhood meeting. This step occurs before an IOZ application is accepted as complete by the City; B. Public hearing on the preliminary development plan and, if applicable, the preliminary plat and other permit actions; C. Approval by the Hearing Examiner of the preliminary development plan and other actions as applicable after the close of the public hearing; and D. Action on the final development plan and plat by the Department of Community and Economic Development (DCED) Department. 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 Hearing Examiner. (Ord. 3548 § 22, 1/5/2016; Ord. 3294, 8/31/2007) 17.45.080 - Pre-application review. Prior to applying for an IOZ, a developer shall submit a conceptual plan to the Department of Community and Economic Development (DCED). The conceptual plan will be reviewed for its general compliance with the intent, standards and provisions of this chapter and other City ordinances by the appropriate departments of the City, and written comments in regard to the plan will be furnished to the developer. The conceptual plan shall contain in sketch form all of the information required in subsections 17.45.090.E. and G. Proposed Municipal Code Amendments p.92 After the conceptual plan review and prior to accepting an IOZ application, the City shall require a neighborhood meeting. The neighborhood meeting shall be organized and sponsored by the project proponent. Neighbors within 300 feet of the proposed location shall be included in notification of the meeting. The purpose of the meeting will be to solicit information regarding design alternatives to minimize any adverse impacts from the IOZ and to alleviate community concerns. (Ord. 3294, 8/31/2007) 17.45.090 - Application procedure. The application for an IOZ shall contain the following: A. The name, location and legal description of the proposed development, together with the names, addresses and telephone numbers of the recorded owners of the land and of the applicant and, if applicable, the names, addresses and telephone numbers of any land surveyor, architect, planner, designer, or engineer responsible for the preparation of the plan, and of any authorized representative of the applicant. B. A narrative explaining the proposed use or uses of the land and building, including the proposed number of dwelling units by type, such as single-family detached, row housing, and apartments; documentation of smart growth practices, infill, utilization of existing infrastructure, walkability, and orientation to transit; inclusion of attainable housing and mechanisms for perpetuity; information on any special features, conditions of which cannot be adequately shown on drawings; and an explanation of covenants, continuous maintenance provisions, and/or homeowners association for the project. C. A survey of the property showing existing features, including contours at five-foot intervals, buildings, structures, streets, utility easements, rights-of-way, environmentally sensitive areas, and existing land uses. D. Preliminary site plans showing existing and proposed contours at five-foot intervals, location and dimensions of buildings, open space, recreation areas, parking areas, circulation, landscape areas, subdivision platting and general arrangement. E. Detailed site statistics including, but not limited to: 1. Total site area in both acres and square feet; 2. Site building coverage expressed in square feet and percentage of: a. Total footprint area of buildings for: i. Residential structures; ii. Nonresidential structures; b. Roadway and sidewalk paved surfaces; c. Parking lot areas; d. Any areas paved with permeable paving systems; 3. Total area in lots; 4. Landscape plan showing: a. Common open space area (must be five percent of site); b. Detailed specifications of trees and landscaping on site; 5. Number and location of off-street parking; 6. Number of residential units proposed and approximate square footage; Proposed Municipal Code Amendments p.93 7. Total number of lots being created; 8. Density of site expressed as residential units per acre. F. A preliminary plat, if applicable, pursuant to Chapter 58.17 RCW and Chapters 16.04 and 16.08 PAMC. G. If a developer elects to obtain additional density credits, the site plan application shall contain specific information relating to the additional density credit criteria of sections 15.20.070 and 15.24.070. H. Preliminary elevation and perspective drawings of project structures. I. A preliminary utilities plan, including fire hydrant locations. J. A preliminary storm drainage plan with calculation of impervious areas. K. An off-street parking plan and circulation plan showing all means of vehicular and pedestrian ingress and egress to and from the site; and size and location of driveways, streets, sidewalks, trails and parking spaces. Any new traffic control devices required for the safety of the project must be shown. L. Mailing labels of property owners within 300 feet of the proposed project pursuant to section 17.96.140 PAMC. (Ord. 3548 § 22, 1/5/2016; Ord. 3390 § 10, 1/30/2010; Ord. 3294, 8/31/2007) 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 Examiner 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. (Ord. 3548 § 22, 1/5/2016; Ord. 3294, 8/31/2007) 17.45.110 - Hearing Examiner public hearing—Scheduling and notice. Upon receipt of an application satisfying the requirements of Ssection 17.45.090, the DCED shall schedule a public hearing before the Hearing Examiner. Public notice shall be given as provided in section 17.96.140. (Ord. 3548 § 22, 1/5/2016; Ord. 3294, 8/31/2007) 17.45.120 - Hearing Examiner decision—Preliminary development plans. Prior to making a decision on an application for a preliminary IOZ, the Hearing Examiner shall hold a public hearing. The Hearing Examiner's decision for approval, denial, or approval with modifications or conditions shall be in written form based upon compliance with section 17.19.050 and the following criteria: A. The proposed development will comply with the policies of the comprehensive plan and further attainment of the objectives and goals of the comprehensive plan. Proposed Municipal Code Amendments p.94 B. The proposed development will, through the improved utilization of housing densities landscaping, and integrated circulation systems, create a residential environment of higher quality than that normally achieved by traditional development of a subdivision. C. The proposed development achieves smart growth goals and principles through infill, redevelopment, and establishment of a pedestrian and transit-friendly environment. D. The proposed development will be compatible with adjacent, existing and future developments. E. All necessary municipal utilities, services and facilities, existing and proposed, are adequate to serve the proposed development. F. Internal streets serving the proposed development are adequate to serve anticipated traffic levels and the street system of the proposed development is functionally connected by an improved collector street to at least one improved arterial street. G. If the development is planned to occur in phases, each phase shall meet the requirements of a complete development. (Ord. 3548 § 22, 1/5/2016; Ord. 3294, 8/31/2007) 17.45.130 - Reserved. Editor's note— Ord. 3548 § 22, adopted Jan. 5, 2016, deleted § 17.45.130 entitled "City Council action—Preliminary development plans", which derived from Ord. 3294, adopted Aug. 31, 2007. 17.45.140 - Final approval of Infill Overlay Zone (IOZ). Application for final approval of the IOZ shall be submitted to the DCED Community and Economic Development within[AB5] 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 DCED Community and Economic Development Department, and the department may approve, one or more one-year extensions as the Director may deem appropriate. Extension approvals shall be made in writing. The site must be under one ownership prior to final approval by the DCED 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: 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 on-site facilities. If development is to be done in phases, each phase must be identified and 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 Chapters 16.04 and 16.08 PAMC. 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. Proposed Municipal Code Amendments p.95 H. Covenants, conditions and restrictions and/or homeowners' association agreement. (Ord. 3548 § 22, 1/5/2016; Ord. 3517 § 7, 10/21/2014; Ord. 3294, 8/31/2007) 17.45.160 - Final action. The DCED Community and Economic Development Department shall review the application for final approval 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. (Ord. 3548 § 22, 1/5/2016; Ord. 3294, 8/31/2007) 17.45.170 - Building permits. The Building Division shall issue building permits for buildings and structures that conform with the approved final development plans for the IOZ and with all other applicable City and state ordinances and regulations. The Building Division shall issue a certificate of occupancy for completed nonresidential buildings or structures that conform to requirements of the approved final development plans and all other applicable City and state ordinances and regulations for such occupancies. The construction and development of all common usable open spaces, including recreational facilities, and other public improvements of each project phase must be completed before any certificates of occupancy will be issued except when bonds or other acceptable forms of security are deposited assuring the completion of such facilities within six months of approval of final IOZ. (Ord. 3294, 8/31/2007) 17.45.180 - Modifications after final approval. The final approval shall be binding upon the development. Design variations from the plan must be submitted to the DCED Community and Economic Development Department 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. (Ord. 3548 § 22, 1/5/2016; Ord. 3294, 8/31/2007) Proposed Municipal Code Amendments p.96 Section 17.94/95.TBD Development Standards for an Accessory Residential Unit (ARU) An ARU shall comply with the following development standards: A. Configuration. An ARU may be located either within, attached to, or detached from the primary structure. B. Density. Only one ARU may be created in conjunction with each single-family residence. The ARU must be located on the same zoning lot as the single-family residence. C. Ownership. In the City’s RS-9 and RS-11 zones, the detached dwelling unit within which the ARU is located, or the ARU itself, is actually and physically occupied as a principal residence by at least one owner of record who possesses at least an estate for life or a 50 percent fee simple ownership interest. No more than one of the dwellings on a zoning lot, either the principal dwelling or the accessory dwelling, may be rented by non-owners at the same time. The city may require a guarantee of compliance with the requirements of this section, including but not limited to a binding deed restriction or covenant enforcing the single rental restriction as allowed in Section 17.96.050, as a condition of approval for the establishment of an ARU. C. Minimum lot size. An ARU shall not be established on any parcel smaller than 5,000 square feet. D. Maximum unit size. The gross floor area, calculated from finished wall to finished wall, of an existing structure, an addition, or new detached structure, converted to, or constructed for the purpose of creating an ARU shall not exceed 50 % of the gross floor area of the primary single-family residence, not including a detached garage and/or a detached accessory building. The unit may not be more than one- bedroom. E. Setbacks and lot coverage. Additions to existing structures, or the construction of new detached structures, associated with the establishment of an ARU shall not exceed the allowable lot coverage or encroach into required setbacks as prescribed in the underlying zone. Scale and visual subordination. The ARU shall be visually subordinate to the primary unit, which includes but not limited to the location of entrances and roof and building form. If the ARU is detached from the primary structure, it cannot exceed the building height of the primary structure. H. Parking. One additional off-street parking space is required in conjunction with the establishment of an ARU. The off-street parking requirements set forth in Section 14.40 shall be maintained for the primary residence in addition to the ARU required parking. I. Construction standards. The design and construction of the ARU shall conform to all applicable State and City standards in the building, plumbing, electrical, mechanical, fire, health and any other applicable codes. The ARU shall be served by water and electrical services that are separate from the primary residential services. A separate address must be created for the ARU. Proposed Municipal Code Amendments p.97 17.96.080 –Variances and decisions of Department of Community and Economic Development. When a variance is denied, a new application for the same variance may not be submitted for a period of one year following the denial, unless there has been a revised proposal, significant change in circumstances, or new information becomes available to support a variance. A. Review Authority The City’s Hearing Examiner shall be hereby authorized and directed to hear and decide on all general variance requests, with exception to variance requests pertaining to parking requirements or standards, as described in Section 2.18.060 PAMC. B. Application Requirements. A request for one or more variance shall be made by filing an application, and the required fees as outlined in Chapter 3.70 PAMC, with the Department of Community and Economic Development at least 30 calendar days prior to the review authority's consideration of the application. The application shall be accompanied by the materials as described in the variance application checklist as provided by the Department. The Community and Economic Development Staff may require the applicant and/or representative to furnish such additional written information or supplemental materials as may be necessary to enable Staff and the review authority to determine legal findings for the application about whether or not the variance(s) shall be granted. C. Criteria and Public Noticing and Hearing Requirements 1. No variance shall be granted by the Hearing Examiner until after a public hearing is adequately noticed and held, as hereinafter provided, and until after the Department of Community and Economic Development has found that the provisions of all other ordinances, with which compliance is required, have been fulfilled. In acting on an application for a variance, the Hearing Examiner shall have and exercise original jurisdiction in receiving, granting or denying all applications for such variance uses as provided for in this chapter and shall have the power to place in such permits conditions or limitations in its judgment required to secure adequate protection to the zone or locality in which such use is to be permitted. The Hearing Examiner must also find: a) The variance shall not constitute a grant of special privilege inconsistent with the limitation upon uses of other properties in the vicinity and zone in which the property on behalf of which the application was filed is located; and b) That such variance is necessary, because of special circumstances relating to the size, shape, topography, location, or surroundings of the subject property, to provide it with use rights and privileges permitted to other properties in the vicinity and zone in which the subject property is located; and c) That the granting of such variance shall not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and zone in which the subject property is situated. 2. The Department of Community Development shall fix a time, date and place for public hearing on such application, which date shall not be less than 15 days after notice given in the following manner: Proposed Municipal Code Amendments p.98 a) By United States mail addressed to the applicant and to the owners of all adjoining or abutting property. (Property separated from the proposed use by a street, highway or other public road or alley shall be construed to be adjoining or abutting for the purpose of giving notice; and notices addressed to the last known address of the person making the latest property tax payment shall be deemed proper notice to the owner of such property.); b. By printed notice posted in a conspicuous place at or near the location of the proposed use; c. By publishing notice thereof in the official newspaper of the City. Such notice shall contain the name of the applicant or applicants, the legal description of the property involved, the special property use requested, the date, time and place of the public hearing thereon and shall specify that any person interested may appear at such public hearing and be heard either for or against such application. 3. At such public hearing, the Hearing Examiner shall proceed to hear all persons present who desire to be heard either for or against such application and shall render its decision upon such application at the conclusion of such hearing or as soon thereafter as reasonably possible. Any building permit thereafter issued for such property shall be in accordance with and subject to all terms and conditions contained in the decision of the Hearing Examiner. 4. The Hearing Examiner shall maintain in the office of the Department of Community and Economic Development full and complete written records of all proceedings, factual findings and conclusions reached on any and all such applications. D. Authorization and limitations on approval Whenever the Hearing Examiner shall authorize the issuance of a permit for a variance, a building permit and/or occupancy permit must be obtained by the applicant within one year from the date of the Hearing Examiner’s decision. Following one year, the Hearing Examiner’s decision shall cease to be effective. When a variance is denied, a new application for the same variance may not be submitted for a period of one year following the denial, unless there has been a revised proposal, significant change in circumstances, or new information becomes available to support a variance. E. Revocation. In addition to all other penalties prescribed in this chapter whenever, in the opinion of the Director of Community and Economic Development, any person granted a permit for a variance fails to comply with all of the terms, conditions or limitations of such permit and of the decision of the Board authorizing the granting of such permit, he shall issue an order, in writing, requiring that all further work on the premises or use thereof be stopped until the violation has been corrected. If the violation be not corrected or if the work on the premises or use thereof be not stopped or suspended until such violation is corrected, the Director shall give written notice to the owner or occupant of the premises deemed in violation that the Department will apply to the Hearing Examiner for an order revoking the permit for the variance. Such written notice shall specify the time, the date and place when the Department will appear before the Hearing Examiner to request such revocation and shall advise the owner or occupant of the premises deemed to be in violation that such owner or occupant is at liberty to appear and be heard with respect to the request of the Department for such revocation. Such notice shall be mailed to the owner or occupant of the premises deemed in violation, by certified mail with a return receipt requested, at least five days prior to the date specified in such notice as being the date of the hearing. At the hearing, the Proposed Municipal Code Amendments p.99 Hearing Examiner shall have the power to sustain or overrule the order of the Department and to revoke the permit granted for such variance. The affirmative vote of the Hearing Examiner shall be necessary before the order of the Department is declared to be overruled. The Hearing Examiner shall keep in the office of the Department full and complete written records of all proceedings, factual findings and conclusions of the Hearing Examiner in all such hearings. F. Appeals from Hearing Examiner decision As outlined in Section 2.18.060 of the PAMC, the decision of the Hearing Examiner is the final decision of the City. In those cases the decision of the Hearing Examiner may be appealed to Superior Court. The appeal to Superior Court must be filed within 15 days of the date the Hearing Examiner's decision is issued. Proposed Municipal Code Amendments p.100