Loading...
HomeMy WebLinkAboutPC Agenda Packet 2023-01-11AGENDA PLANNING COMMISSION Hybrid Meeting – In-Person and Virtual City Council Chambers: 321 East 5th Street, Port Angeles, WA 98362 Attend Virtual Meeting Here: https://www.cityofpa.us/984/Live-Virtual-Meetings January 11, 2023 6:00 p.m. I.CALL TO ORDER II.ROLL CALL III.PUBLIC COMMENT IV.APPROVAL OF MINUTES Minutes of the December 28, 2022 Regular Meeting V.DISCUSSION 1.Pursuing Housing for All – Title 17 Code Amendment Process Continuation of the Port Angeles Municipal Code (PAMC) update process. Review and discussion of initial draft code language prepared by Planning Division staff in response to Planning Commission prioritization of proposed changes to Title 17 PAMC. VI.STAFF UPDATES VII.REPORTS OF COMMISSION MEMBERS VIII.ADJOURNMENT January 11, 2023 Planning Commission Agenda Packet Page 1 of 161 Minutes from Previous Meeting January 11, 2023 Planning Commission Agenda Packet Page 2 of 161 MINUTES PLANNING COMMISSION Hybrid Meeting – In Person and Virtual City Council Chambers: 321 E 5th Street, Port Angeles, Washington 98362 December 28, 2022 6:00 p.m. REGULAR MEETING CALL TO ORDER Chair Stanley opened the regular meeting at 6:01 P.M. ROLL CALL Commissioners Present: Benjamin Stanley (Chair) Andrew Schwab (Vice Chair) Tammy Dziadek Marolee Smith James Taylor Colin Young Commissioners Absent: Richie Ahuja - excused City Staff Present: Ben Braudrick (Senior Planner) Holden Fleming (Housing Coordinator) Norman Gollub (Interim Director of Community and Economic Development) Zach Trevino (Assistant Planner) Public Present: Steve Workman Richard S. Kelly G. Commissioner Taylor, who began serving on the Planning Commission in December 2022, briefly introduced himself to the Commission after roll call. Each Commissioner present briefly introduced themselves to Commissioner Taylor. PUBLIC COMMENT Chair Stanley opened the meeting to public comment. Steve Workman provided comment thanking the Commission for working to facilitate more housing and encouraged the City to utilize permit-ready plan sets. He explained that short-term rentals (STRs) are more profitable than long-term rentals, so their proliferation are contributing to a lack of available housing. He encouraged regulation of STRs by the City. Chair Stanley closed the meeting to public comment. January 11, 2023 Planning Commission Agenda Packet Page 3 of 161 Planning Commission Minutes December 28, 2022 Page 2 APPROVAL OF MINUTES Commissioner Smith moved to approve the minutes from the December 14, 2022 regular meeting of the Planning Commission. Commissioner Dziadek noted that it would be helpful if staff could make requests for Commissioners to take action prior to a meeting clearer in future email communication. The motion was seconded and passed by unanimous consent (6-0). DISCUSSION ITEM 1. Pursuing Housing for All Code Amendment Process Chair Stanley noted that Commissioners Smith and Dziadek had submitted comments to the Commission addressing community diversity in relation to this discussion item. Planner Braudrick introduced the discussion item, providing an overview of the staff memorandum included in the agenda packet. He explained that the memorandum ordered suggested code amendments by priority based on Commissioner feedback at the December 14th meeting. He provided a brief overview of each identified priority to enable the Commission’s discussion of each item. Finally, he acknowledged that some items were deemed to be outside of the scope of Pursuing Housing for All and will not be included in this code amendment. Planner Fleming provided an overview of proposed changes to ADU design standards, including the addition of commercial caretaker unit standards. He also addressed conversion of commercial structures to residential uses, providing examples of what that might entail. He recommended that the Commissioners consult the American Planning Association Planning Advisory Service Report Number 472 for more information. Chair Stanley asked for staff clarification on the timeline of the process. Planner Braudrick explained that 2023 will involve review of draft code language and a public workshop on January 23rd from 3:00 - 7:00 PM. Staff intends to have a first reading of draft code at the February 8th meeting. Commissioner Smith requested that the City prepare pre-approved plan sets and suggested that the City utilize Clallam County’s existing plan sets. Following staff clarification of process timeline and expectations for this meeting, Chair Stanley invited each Commissioner to provide input regarding the discussion item. The commissioners proceeded to provide their feedback on the priorities identified in the staff memorandum and a discussion lasting approximately two hours ensued. Main ideas expressed during the Commission’s discussion include the following ideas: • A rental inventory is needed in the City to enable an accurate count of existing rental units in the City’s housing stock. The creation of a rental board could help facilitate this. • Screening elements and window placement can help mitigate the impacts of increased infill development on neighbors. January 11, 2023 Planning Commission Agenda Packet Page 4 of 161 Planning Commission Minutes December 28, 2022 Page 3 • The accommodation of four dwelling units on one 7,000 square foot lot may necessitate modification to setback requirements, which staff will consider as the code language is drafted. • Some Commissioners expressed that Significant Priority #4 should not have been identified as significant, as the Commission believed that incentivizing smaller dwelling units is a better way to achieve the goal of facilitating attainable housing than directly disincentivizing larger dwelling units. • The Commission emphasized its support for Significant Priority #5, while acknowledging that additional research would be needed to understand how this could be implemented. The discussion involved consideration of prevailing wages required in Washington State per RCW 39.12.010. • The allowable size of ADUs should be increased to allow for more bedrooms and the ability of families to utilize ADUs as a housing option. Incentivizing local ownership of infill housing units, including ADUs, was noted as being important. • Minor Priority #4 should be elevated to be a significant priority, replacing Significant Priority #5 in the list of top priorities. • Vice Chair Schwab suggested that an inexpensive business license be required for all businesses in the City to enable tracking of the types of businesses in the community. • Commissioner Young noted that the relationship between STRs, multi-family housing, ADUs, and hotels can be speculated, although the exact trends are not known and will require additional research. In response to this, Planner Braudrick provided an update on recent lodging tax trends, which are at record high levels of growth. • Staff providing examples of manufactured homes at a future meeting will help the Commission understand what types of structures can be permitted and meet the standards of the International Residential Code. The ideas expressed by the Commissioners during the discussion were acknowledged by staff and will inform the specific code amendments that are proposed when the language is drafted. The Commission’s discussion ended with a mention of rent control, which is not allowed to be imposed in Washington State. Finally, the racial composition of Port Angeles was discussed among the Commissioners, in response to Commissioner comments about racial equity in relation to the proposed code amendments. STAFF UPDATES City staff provided the following two updates to the Commission: • Planner Braudrick announced that Planning Division staff will be visiting the Winter Ice Village in downtown Port Angeles on December 29, 2022 from 3:00 PM – 7:00 PM to engage with the public on the Pursuing Housing for All process. The goal of this January 11, 2023 Planning Commission Agenda Packet Page 5 of 161 Planning Commission Minutes December 28, 2022 Page 4 engagement is to collect feedback and invite people to attend the workshop scheduled for January 23, 2023. • Planner Fleming announced that the next Housing Solution Committee meeting will be January 6, 2023 at 9:00 AM and recommended that interested Commissioners attend the meeting. REPORTS OF COMMISSION MEMBERS • Vice Chair Schwab announced that he has applied for the vacant City Council position for the City of Port Angeles. Should he be appointed to the position, he will need to resign from serving on the Planning Commission. • Commissioner Dziadek noted that the Pursuing Housing for All website launched by staff is a good resource that helps the public outreach process. ADJOURNMENT Commissioner Smith moved to adjourn the meeting. The motion was seconded and passed unanimously (6-0). The meeting adjourned at 8:56 p.m. Zach Trevino, Secretary Ben Stanley, Chair MINUTES PREPARED BY: Zach Trevino, Secretary January 11, 2023 Planning Commission Agenda Packet Page 6 of 161 Discussion Items January 11, 2023 Planning Commission Agenda Packet Page 7 of 161 Page 1 of 150 Pursuing Housing for All 2023 Title 17 Code Amendment The Pursuing Housing for All Code Title 17 Port Angeles Municipal Code (PAMC) Amendment is a Planning Commission and City Council directed amendment to the City’s zoning related municipal code. The purpose of the amendment is to assist with the construction of affordable and attainable housing and allow increased availability for infill and “missing middle” housing while also acknowledging that it is necessary to ensure that this new housing is harmonious with existing uses and infrastructure. The contents of this document reflect suggested amendments only, which are subject to change as the public process continues. The following sections of the PAMC are proposed to be amended in the pursuit of providing housing for all: CHAPTER 17.01 - PURPOSE AND SCOPE ............................................................................................ Pg. 3 • 17.01.010 - Purpose. • 17.01.020 - Purposes of zones. CHAPTER 17.03 - ESTABLISHING MAPPED ZONES AND REGULATIONS .................................... Pg. 9 • 17.03.010 - Purpose CHAPTER 17.08 - DEFINITIONS ............................................................................................................. Pg. 11 • 17.08.010 - "A." • 17.08.015 - "B." • 17.08.020 - "C." • 17.08.025 - "D." • 17.08.035 - "F." • 17.08.040 - "G." • 17.08.045 - "H." • 17.01.065 - “L” • 17.08.070 - "M." • 17.08.075 - "N." • 17.08.085 - "P." • 17.08.090 - "R." • 17.08.095 - "S." • 17.08.100 - "T." • 17.08.130 - "Z." CHAPTER 17.10 - R7, RESIDENTIAL, LOW DENSITY MIXED DENSITY....................................Pg. 33 • 17.10.010 - Purpose. • 17.10.020 - Permitted uses. • 17.10.030 - Accessory uses. • 17.10.050 - Area, dimensional, and density requirements. • 17.10.080 - Design standards. CHAPTER 17.11 - R9, RESIDENTIAL, LOW DENSITY ......................................................................... Pg. 38 CHAPTER 17.12 - R11, RESIDENTIAL, LOW DENSITY ....................................................................... Pg. 42 January 11, 2023 Planning Commission Agenda Packet Page 8 of 161 Page 2 of 150 CHAPTER 17.13 - RTP - RESIDENTIAL TRAILER PARK ...................................................................... Pg. 46 • 17.13.010 - Purpose. • 17.13.020 - Permitted uses. • 17.13.050 - Area and dimensional requirements for trailer parks. CHAPTER 17.15 - RHD - RESIDENTIAL, HIGH DENSITY.................................................................... Pg. 50 • 17.15.050 - Area and Dimensional Requirements. CHAPTER 17.17 - HO - HOME OCCUPATIONS .................................................................................. Pg. 53 CHAPTER 17.18 - BED AND BREAKFASTS ........................................................................................... Pg. 58 • 17.18.040 - Development standards. CHAPTER 17.20 – COMMERCIAL ZONES ............................................................................................ Pg. 62 • 17.20.020 - Permitted uses. CHAPTER 17.21 - RESIDENTIAL INFILL DESIGN STANDARDS ........................................................ Pg. 70 • 17.21.020 - Accessory dwelling unit (ADU). • 17.21.XXX – Commercial caretaker unit in commercial and industrial zones (CCU). CHAPTER 17.22 - COMMERCIAL AND MULTI-FAMILY DESIGN STANDARDS ........................... Pg. 87 • 17.22.110 - Block frontage designation maps and regulations. CHAPTER 17.23 - CA - COMMERCIAL, ARTERIAL ............................................................................. Pg. 109 CHAPTER 17.40 - PBP - PUBLIC BUILDINGS - PARKS ....................................................................... Pg. 114 • 17.40.040 - Permitted uses. CHAPTER 17.42 - FL - FOREST LANDS ................................................................................................. Pg. 116 CHAPTER 17.46 - PROPERTY TAX EXEMPTIONS FOR MULTI-FAMILY HOUSING ..................... Pg. 118 CHAPTER 17.94 - GENERAL PROVISIONS, CONDITIONS AND EXCEPTIONS .............................. Pg. 128 • 17.94.065 - Development standards for conditional uses in residential zoning. CHAPTER 17.95 - NONCONFORMING SITUATIONS ………………………………………………………Pg. 136 • 17.95.030 - Nonconforming uses. CHAPTER 17.96 - ADMINISTRATION AND ENFORCEMENT ........................................................... Pg. 140 • 17.96.075 - Temporary use permits. • 17.96.180 - Penalties. January 11, 2023 Planning Commission Agenda Packet Page 9 of 161 Page 3 of 150 Title 17 ZONING CHAPTER 17.01 PURPOSE AND SCOPE 17.01.010 Purpose. This Zoning Code is adopted for the following purposes: A. To implement the requirements of the State Growth Management Act of 1990 through the goals, policies, and objectives of the Port Angeles Comprehensive Plan by dividing the City into zones restricting and regulating therein the location, construction, reconstruction, alteration, and use of buildings, structures and land for residential, business, commercial, manufacturing, public, and other specified uses. (Ord. 3123 § 1 (part), 10/11/2002; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2668 § 1 (part), 1/17/1992; Ord. 1709 § 1 (part), 12/22/1970.) B. To protect the character and maintain the stability of residential, commercial, manufacturing, and public, and mixed use areas within the City, and to promote the orderly and appropriate development of such areas. (Ord. 2861 § 1 (part), 3/17/1995; Ord. 2668 § 1 (part), 1/17/1992; Ord. 1709 § 1 (part), 12/22/1970) C. To regulate the intensity of use of lots and parcels of land, and to determine the spaces surrounding buildings necessary to provide adequate light, air, privacy, and access to property. (Ord. 2861 § 1 (part), 3/17/1995; Ord. 2668 § 1 (part), 1/17/1992; Ord. 1709 § 1 (part), 12/22/1970) D. To sustain natural landscapes, corridors, and habitats for fish and wildlife and to provide relief from the urban landscape within the community through the designation of open space areas. (Ord. 2861 § 1 (part), 3/17/1995) E. To limit congestion in the public streets and to protect the public health, safety, convenience, and general welfare by providing for off-street parking standards for of motor vehicles, the loading and unloading of commercial vehicles, public transit access, and pedestrian safety. (Ord. 2861 § 1 (part), 3/17/1995; Ord. 2668 § 1 (part), 1/17/1992; Ord. 1709 § 1 (part), 12/22/1970) F. To establish building lines and the location of buildings designed for residential, commercial, manufacturing, public, or other mixed uses within such lines. (Ord. 2861 § 1 (part), 3/17/1995; Ord. 2668 § 1 (part), 1/17/1992; Ord. 1709 § 1 (part), 12/22/1970) G. To prevent the overcrowding of land and undue concentration of structures and to preserve existing unusual, unique, and interesting features of the natural landscape so far as is possible and appropriate in each zone by regulating the use and the bulk of buildings in relation to the land surrounding them. (Ord. 2861 § 1 (part), 3/17/1995; Ord. 2668 § 1 (part), 1/17/1992; Ord. 1709 § 1 (part), 12/22/1970) H. To provide protection from fire, explosion, noxious fumes, and other hazards and to maintain the quality of life in the interest of public health, safety, comfort, and general welfare by establishing minimum level of service standards throughout the City. (Ord. 2861 § 1 (part), 3/17/1995; Ord. 2668 § 1 (part), 1/17/1992; Ord. 1709 § 1 (part), 12/22/1970) I. To prevent such additions to, and alteration or remodeling of, existing buildings or structures as would not comply with the restrictions and limitations imposed hereunder. January 11, 2023 Planning Commission Agenda Packet Page 10 of 161 Created: 2022-06-28 16:28:58 [EST] (Supp. No. 30) Page 4 of 150 (Ord. 2861 § 1 (part), 3/17/1995; Ord. 2668 § 1 (part), 1/17/1992; Ord. 1709 § 1 (part), 12/22/1970) J. To prohibit uses, buildings, or structures which are incompatible with the character of the permitted uses within specified zones. (Ord. 2861 § 1 (part), 3/17/1995; Ord. 2668 § 1 (part), 1/17/1992; Ord. 1709 § 1 (part), 12/22/1970) K. To conserve the taxable value of land and buildings throughout the City. (Ord. 2861 § 1 (part), 3/17/1995; Ord. 2668 § 1 (part), 1/17/1992; Ord. 1709 § 1 (part), 12/22/1970) L. To encourage the preservation of historic or culturally significant sites and structures throughout the City. (Ord. 2861 § 1 (part), 3/17/1995) M. To define and to limit the powers and duties of the admin istrative officers and bodies as provided herein and to protect the private property rights of landowners from arbitrary, capricious, and discriminatory actions. (Ord. 2861 § 1 (part), 3/17/1995; Ord. 2668 § 1 (part), 1/17/1992; Ord. 1709 § 1 (part), 12/22/1970) N. To improve the variety, quality, availability, and affordability of the housing opportunities in the City. (Ord. 2861 § 1 (part), 3/17/1995) O. To avoid or mitigate significant adverse impacts such as hazardous materials, air and water pollution, noise, traffic, outside storage, large structures, and public safety problems which can be associated with specific land uses and thereby reduce conflicts between adjacent land uses. (Ord. 3123 § 1 (part), 10/11/2002) P. To identify what development should take place in each zone to accomplish the desired urban design as defined by the City's land use planning policies and regulations. (Ord. 3123 § 1 (part), 10/11/2002) 17.01.020 Purposes of zones. The zones in this Zoning Code are established for the following purposes: A. RS-7R7 Zone. This is a low density a mixed density residential zone intended to create and preserve urbanprovide a diverse mix of infill middle housing and single-familysingle-household residential neighborhoods that historically consisting consisted of predominantly single-familysingle- householdhomes dwellings on standard townsite-size lots. Uses which are compatible with and functionally related to a single-familya diverse mix of lower and middle density residential environments may also be located in this zone. Because of land use impacts associated with nonresidential uses, few nonresidential uses are allowed in this zone and then only conditionally. This zone provides the basic urban land use pattern for the City's single-familyoriginal townsite residential neighborhoods, following a standard rectangular street grid system of 60-foot rights-of-way for local access streets and 300-foot by 450 or 500-foot blocks with 50-foot by 140-foot lots and usually located in areas that are largely developed and closer to the center of the City. B. RS-9R9 Zone. This is a low density residential zone intended to create and preserve urban single- householdfamily residential neighborhoods consisting of predominantly single- household family homesdwellings on larger than standard townsite-size lots. Uses that are compatible with and functionally related to a single-familysingle-household residential environment may be located in this zone. Because of land use impacts associated with nonresidential uses, few nonresidential uses are allowed in this zone and then only conditionally. This zone provides for a variety in the urban land use pattern for the City's single-familysingle-household residential neighborhoods, following a curvilinear street system of non- January 11, 2023 Planning Commission Agenda Packet Page 11 of 161 Page 5 of 150 through public and private streets with irregularly shaped lots, minimum 75 -foot front lot lines, and 60- foot rights-of-way for collector arterial streets in large rectangular blocks and usually located in outlying areas with large tracts of vacant buildable land. C. RS-11R11 Zone. This is a low density residential zone intended to create and preserve suburban sized single-familysingle-household residential neighborhoods consisting of predominantly single-familysingle- household homesdwellings on larger than standard sized townsite-sized lots, while maintaining densities at or more than four dwelling units per acre. Uses that are compatible with and functionally related to a single- household family residential environment may be located in this zone. Because of land use impacts associated with nonresidential uses, few nonresidential uses are allowed in this zone and then only conditionally. This zone provides for a variety in the urban land use pattern for the City's single- familysingle-household residential neighborhoods, following a curvilinear street system of non-through public and private streets with irregularly shaped lots, minimum 75 -foot front lot lines, and 60-foot rights- of-way for collector arterial streets in large rectangular blocks and usually located in outlying areas with large tracts of vacant buildable land. D. RTP Zone. This is a medium density residential zone intended for predominantly mobile home state regulated manufactured structure occupancies, and the area is regarded as essentially residential in character. 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 small lot, single-familysingle-household , mobile manufactured home parks, following an irregular urban land use pattern of private access roads and minimum 3,5001,750 square foot lots. E. RMD Zone. This is a medium density residential zone, which allows a mix of single-familysingle-household dwellings, duplexes and apartments at a density greater than single-familysingle-household neighborhoods but less than 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- familysingle-household residential neighborhoods) with direct access on an arterial street, and serving as a transitional use between low density residential uses and commercial/industrial uses. F. RHD Zone. This is a high density residential zone for multi-family structures. Compatible uses may be allowed on conditional use permits, but the zone is still regarded as a residential area, where commercial enterprises are not generally felt to be compatible. Few nonresidential uses are allowed in this zone and then only conditionally, because of land use impacts associated with nonresidential uses. This zone provides the basic urban land use pattern for the City's higher density multi-family residential neighborhoods (at seven times the density of the City's basic single-familysingle-household 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. G. PRD Overlay Zone. This overlay zone is to provide alternative zoning regulations which permit and encourage design flexibility, conservation and protection of natural critical areas, and innovation in residential developments to those regulations found in the underlying zone. It is intended that a Planned Residential Development will result in a residential environment of higher quality than traditional lot -by- lot development by use of a design process which includes within the site design all the components of a residential neighborhood, such as open space, circulation, building types, and natural features, in a manner consonant with the public health, safety, and welfare. It is also intended that a Planned Residential Development may combine a number of land use decisions such as co nditional use permits, rezones, and subdivisions into a single project review process to encourage timely public hearings and decisions and to provide for more open space and transitional housing densities than is required or may be permitted between single-family and multi-family residential zones of differing intensity. The consolidation of permit reviews does not exempt applicant(s) from meeting the regulations and January 11, 2023 Planning Commission Agenda Packet Page 12 of 161 Page 6 of 150 submitting the fees and applications normally required for the underlying permit proc esses. Few nonresidential uses are allowed in this overlay zone and then only conditionally, because of land use impacts associated with nonresidential uses. This overlay zone provides for the opportunity to create self - contained residential neighborhoods with a variety of housing choices without following a standard system of public streets and lot design and with allowances for mixed use, residential and commercial developments not usually permitted in residential zones. H. CO Zone. This is a commercial zone intended for those business, office, administrative, or professional uses which 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-household residential uses are allowed. This zone provides the basic urban land use pattern for small lot, transitional uses between residential neighborhoods and commercial districts with direct access on an arterial street and design standards compatible with residential development. I. CN Zone. This is a commercial zone intended to create and preserve areas for businesses which are of the type providing the goods and services for the day -to-day needs of the surrounding residential neighborhoods. Businesses in this zone should be located and designed to encourage both pedestrian and vehicular 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. This zone provides for a variety in the urban land use pattern for small commercial districts serving individual residential neighborhoods with direct access on an arterial street and design standards compatible with residential development. J. CSD Zone. This is a commercial zone that is slightly less restrictive than the CN zone. This zon e provides the basic urban land use pattern for large lot, commercial uses serving much of the City with direct access on an arterial street. Businesses in this zone occur on sites of varying sizes and should be located on arterial streets of sufficient size and design standards to accommodate greater automobile and truck traffic. Commercial uses that are largely devoid of any impacts detrimental to the environment are allowed. K. CA Zone. This is a commercial zone intended to create and preserve areas for bu siness 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. 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. L. CBD Zone. This is a commercial zone intended to strengthen and preserve the area commonly known as the downtown for major retail, service, financial, and other commercial operations that serve the entire community, the regional market, and tourists. This zone has 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. This zone provides the basic urban land use pattern for high density, pedestrian oriented, commercial 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. M. CR Zone. This is a commercial zone intended to create and preserve areas for large land intensive commercial uses that provide retail services to a regional market. These types of commercial uses provide a multiplicity of goods and services in a single location and therefore require large areas for the build ing and parking. Such uses do not follow the basic land use pattern of the of the traditional townsite and are not typically pedestrian oriented. This zone offers vehicular access from major transportation corridors. N. IM Zone. This is an industrial zone intended to preserve industrial areas in the harbor for marine industrial uses, which are characterized as water-dependent or water related. Because there is a very limited January 11, 2023 Planning Commission Agenda Packet Page 13 of 161 Page 7 of 150 amount of shorelands adjacent to the Port Angeles Harbor, a zone that allows for mixed uses that do not adversely impact each other can maximize potential water-dependent, water related, and water enjoyment uses of the harbor without excluding either industrial or nonindustrial uses being intermixed. Certain commercial, residential, public, and other mixed uses may be appropriately located in this zone, and therefore heavy industrial manufacturing uses, which have significant nuisance factors, shall not be located in this zone. O. IP Zone. This is an industrial zone intended to create and preserve areas for office, commercial and industrial uses devoid of exterior nuisances in a planned, campus-like setting. Permitted uses are devoid of exterior nuisance factors, such as noise, glare, air and water pollution, and fire and safety hazards on adjacent non-industrial property, and do not have an exceptional demand on public facilities. These types of office, commercial and industrial uses typically involve the need for a large campus -like site with amenities suitable for mixed use developments and buffering measures to reduce the impact of large scale development on adjacent uses. While industrial and commercial uses that are devoid of any impacts detrimental to the environment are allowed, vehicle service stations with petroleum products and entertainment businesses with adult-only activities are also permitted uses, and a variety of maintenance and repair shops with hazardous materials are also conditionally permitted uses. This zone provides for variety in the urban land use pattern for mixed industrial and commercial uses with direct access on an arterial street, design standards for high density, pedestrian oriented, mixed uses located adjacent to major transportation facilities, design standards for compatible mixed industrial and commercial development, and support for private parking and business improvements. P. IL Zone. This is an industrial zone intended to create and preserve areas for industrial uses which are largely devoid of exterior nuisances in close proximity to airports and highways. Permitted uses are largely devoid of exterior nuisance factors, such as noise, glare, air and water pollution, and fire and safety hazards on adjacent non-industrial property, and do not have an exceptional demand on public facilities. These types of industrial uses typically involve the manufacture of finished products from pre-fabricated materials, product wholesaling, and material storage. Buffering measures to reduce the impact of industrial uses on nearby residential uses may be required. While industrial and commercial uses that are largely devoid of any impacts detrimental to the environment are allowed, vehicle service stations with petroleum products and entertainment businesses with adult-only activities are also permitted uses, and a variety of maintenance and repair shops with hazardous materials are also conditionally permitted uses. This zone provides the basic urban land use pattern for light industrial uses with direct access on an arterial street, design standards for greater truck traffic, and buffers for nonindustrial uses. Q. IH Zone. This is the least restrictive industrial zone intended to be the area in which heavy industry could develop causing the least impact on other land uses. Significant adverse impacts can be expected from permitted industrial uses that involve hazardous materials, noise, air and water pollution, shift work around the clock, entertainment businesses with adult-only activities, and outside storage yards and manufacturing activities. This zone provides the basic urban land use pattern for heavy industrial uses with direct access to major transportation facilities, design standards for greater truck traffic, and buffers for nonindustrial uses unless deemed impractical. R. PBP Zone. This is a zoning designation for publicly-owned property, or property less suitable for development by reason of its topography, geology, or some unusual condition or situation. Much of the land so designated may best be left as "green belts". Except for low density private residential uses, permitted uses are mostly public utilities and large civic facilities. This zone provides the basic urban land use pattern for public facilities, open space, and environmentally sensitive areas where public interests are directly involved and with allowances for very low density private residential use, subject to environmental impact mitigation. S. FL Zone. This is a zoning designation for privately-owned property not intended for future conversion to urban development. Much of the land so designated may best be used for commercial timber production. This zone provides the basic nonurban land use pattern for natural resource uses, subject to environmental impact mitigation if converted to urban development. January 11, 2023 Planning Commission Agenda Packet Page 14 of 161 Page 8 of 150 T. Home occupation permit. The purpose of this chapter is to ensure that an occupation or business undertaken within a dwelling unitprimary or accessory use structure located in a residential use district is incidental and subordinate to the primary use and is compatible with the residential character existing of the neighborhood. This special use permit provides allowances for business activities taking place within a residential use. U. Bed and breakfast permit. The purpose of this chapter is to ensure that a bed and breakfast is compatible with its surrounding properties, and when located in a residential neighborhood, to preserve the residential character of the neighborhood and ensure nuisance mitigation for the surrounding residences. This special use provides procedures and regulations for business activities taking place within a residential use. V. Adult entertainment use. The purpose of this chapter is to ensure that adult entertainment businesses are appropriately located and operated within the City of Port Angeles, are compatible with uses allowed within the City, and are conducive to the public health, safety and welfare. This chapter provides procedures and regulations for specific adult-only business activities. W. Retail stand permit. The purpose of this chapter is to ensure that retail stands are appropriately located in the commercial and public areas, are compatible with the uses allowed in such areas, and are conducive to the public health, safety, and welfare, and to promote the diversity of retail stand activity. This special use provides procedures and regulations for business activities taking place outside a building or on public property. X. Junk yard conditional use. The purpose of this chapter is to ensure that junk yards are appropriately located, are compatible with uses allowed within the City, and are conducive to the public health, safety and welfare. This chapter provides for junk yards to be permitted through the conditional use permit process. (Ord. 3688 § 7, 12/21/2021; Ord. 3548 § 1, 1/5/2016; Ord. 3517 § 1, 10/21/2014; Ord. 3180 § 1 (part), 12/17/2004; Ord. 3123 § 1 (part), 10/11/2002; Ord. 3111 § 3, 3/15/2002; Ord. 2948 § 5 (part) 2/14/1997; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2797 § 2, 2/11/1994; Ord. 2715 § 1, 10/16/1992; Ord. 2668 § 1 (part), 1/17/1992; Ord. 2657 § 1 (part), 12/13/1991; Ord. 2553 § 1, 12/2/1989; Ord. 2511 § 1, 10/4/1988; Ord. 2483 § 1 (part), 3/23/1988; Ord. 2385 § 1 (part), 3/28/1986; Ord. 2329 § 1 (part), 3/11/1985; Ord. 2303 § 1 (part), 7/4/1984; Ord. 2293 § 1 (part), 4/4/1984; Ord. 2109 § 2, 12/7/1980; Ord. 2103 § 2, 10/18/1980; Ord. 2070 § 1 (part), 3/29/1980; Ord. 2038 § 1 (part), 7/29/1979; Ord. 1709 § 1 (part), 12/22/1970) January 11, 2023 Planning Commission Agenda Packet Page 15 of 161 Page 9 of 150 CHAPTER 17.03 ESTABLISHING MAPPED ZONES AND REGULATIONS 17.03.010 Purpose. For the purpose of these regulations the City of Port Angeles is divided into 22 zoning classifications as follows: CHAPTER ABBREVIATED DESIGNATION ZONE CLASSIFICATION 17.10 RS-7R7 Residential, Single-familyMixed Density 17.11 RS-9R9 Residential, Single-family Low Density 17.12 RS-11R11 Residential, Single-family Low Density 17.13 RTP Residential Trailer Park 17.14 RMD Residential, Medium Density 17.15 RHD Residential, High Density 17.19 PRD Planned Residential Development Overlay Zone 17.20 CO Commercial, Office 17.21 CN Commercial, Neighborhood 17.22 CSD Community Shopping District 17.23 CA Commercial, Arterial 17.24 CBD Central Business District 17.25 CR Commercial, Regional 17.30 IP Industrial Park 17.31 PID Planned Residential Development Overlay Zone 17.32 IL Industrial, Light 17.34 IH Industrial, Heavy 17.36 IM Industrial, Marine 17.40 PBP Public Building - Park 17.42 FL Forest Lands 17.44* PLID Planned Low Impact Development Zone 17.45* IOZ Infill Overlay Zone *Sections 17.44 and 17.45 were added pursuant to Ordinance 3293, 8/31/2007 (Ord. 3180 § 1 (part), 12/17/2004; Ord. 2948 § 5 (part) 2/14/1997; Ord. 2861 § 1 part, 3/17/1995; Ord. 2798 § 2, 2/25/1994; Ord. 2715 § 2, 10/16/1992; Ord. 2668 § 2 (part), 1/17/1992; Ord. 1709 § 1 (part), 12/22/1970) January 11, 2023 Planning Commission Agenda Packet Page 16 of 161 Created: 2022-06-28 16:28:58 [EST] (Supp. No. 30) Page 10 of 150 17.03.020 Zoning map. A zoning map, showing the location and the boundaries of the various zones in the City, shall be established as the Official Zoning Map and shall be an integral part of these Zoning Regulations. The Zon ing Map shall be consistent with the City's Comprehensive Plan Land Use Map, and the land use designations on the Zoning Map shall be at the same or lesser intensity of uses and impacts on surrounding uses as the Comprehensive Plan Map. Where the zoning land use designation is at a lesser intensity than the comprehensive plan designation, a rezone may be granted if circumstances have been shown to be changed and the public use and interest is served. Where the zoning land use designation is at a greater intensity than the comprehensive plan designation, a rezone consistent with the comprehensive plan must be obtained before new development will be permitted. (Ord. 2948 § 5 (part) 2/14/1997; Ord. 2861 § 1 part, 3/17/1995; Ord. 2668 § 2 (part), 1/17/1992; Ord. 1709 § 1 (part), 12/22/1970) January 11, 2023 Planning Commission Agenda Packet Page 17 of 161 Created: 2022-06-28 16:28:58 [EST] (Supp. No. 30) Page 11 of 150 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 the 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 fo r" shall include the phrases "arranged for," "designed for," "intended for," "maintained for," and "occupied for." (Ord. 3577 § 1, 3/21/2017; 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. See “Building, accessory.” A.B. Accessory use. The subordinate and incidental use of land or buildings on a lot. A use is to be considered accessory when it occupies less than 50 percent of a building's or lot's total square footage. B.C. Accessory dwelling unit (ADU). See “Dwelling unit, accessory.” A habitable unit added to, created within, or detached from a primary single-household residential dwelling that provides basic requirements for living, sleeping, eating, cooking, and sanitation as outlined by the International Residential Building Code. An ADU is distinguishable from a duplex in that, unlike a duplex, it is clearly incidental to a detached primary single-household dwelling both in use and appearance. An ADU may also be referred to as an accessory residential unit (ARU) in this title. C.D. Adult family home. A 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). D.E. 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. January 11, 2023 Planning Commission Agenda Packet Page 18 of 161 Created: 2022-06-28 16:28:58 [EST] (Supp. No. 30) Page 12 of 150 E.F. Alley. A public right-of-way which provides service access to abutting property. F.G. Amendment. A change in language of the zoning text which is an official part of these Zoning Regulations. G.H. Animal care. Any commercial facility where house pets are groomed, trained, boarded (including pet day care), provided medical treatment (such as veterinary clinics and animal hospitals), or sheltered for adoption. The use does not include kennels. The use is primarily indoors and may include limited, ancillary outdoor space. Retail sales may be incidental. H.I. 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. I.J. 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. J.K. 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 a nd/or reception of radio frequency signals. K.L. Antenna support structure. Any building or structure other than a tower which can be used for location of telecommunications facilities. L.M. Applicant. Any person that applies for approval from the City. 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 whate ver form or forum, made by an applicant to the City concerning such a request. N.O. Articulation. The giving of emphasis to architectural elements (like windows, balconies, entries, etc.) that create a complementary pattern or rhythm, dividing large buildings into smaller identifiable pieces. O.P. Articulation interval. The measure of articulation, the distance before architectural elements repeat. P.Q. 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 neglig ible 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. Q.R. 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. R.S. 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 incom e 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. S.T. Automotive service and repair. Any land or facility used for the repair and maintenance of automobiles, motorcycles, trucks, trailers, or similar vehicles including, but not limited to, fender, muffler, or upholstery January 11, 2023 Planning Commission Agenda Packet Page 19 of 161 Created: 2022-06-28 16:28:58 [EST] (Supp. No. 30) Page 13 of 150 work, oil change and lubrication, tire service and sales. The use may include incidental retail sales of automobile parts and accessories. The term excludes dismantling or salvage. (Ord. 3688 § 8, 12/21/2021) Editor's note(s)—Section 8 of Ord. 3688 repealed and replaced § 17.08.010 in its entirety. See Code Comparative Table for full derivative history. 17.08.015 "B." A. Bed and breakfast. A single-familysingle-household residence which remains owner-occupied at all times and provides lodging for guests and travelers for a period of up to 30 days, and where food service is typically limited to breakfast which may be served to overnight guests only. Bed and breakfasts are outright permitted uses in all residential high and medium density zones, but are a conditional use in residential single-familysingle-household zones. B. Bioretention facility. An engineered facility that stores and treats stormwater by passing it through a specified soil profile, and either retains or detains the treated stormwater for flow attenuation. C. Blank wall. The ground floor wall or portion of a ground floor wall that does not include a transparent window or door. See PAMC 17.22.350 for blank wall treatment standards. D. Breezeway. A roofed open-sided passageway connecting two buildings. E. Building, accessory. One which is subordinate and detached from a principal building, which is located on the same zoning lot as the principal building. F. Building, principal. The primary building on a lot, the building which houses the primary use of the land and the structures on a zoning lot. G. Building, residential. A building arranged, designed, used, or intended to be used for residential occupancy by one or more families or lodgers. H. Building envelope. The three-dimensional area on a lot enclosed by the minimum setbacks and the maximum building height within which an allowed building or structure may be placed. I. Building frontage. The "façade" or street-facing elevation of a building. For buildings not adjacent to a street, it refers to the building elevation(s) that features the primary entrance to the uses within the building. Depending on the context the term is used in, it may also refer to the uses within the building. For example, a "storefront" is a type of building frontage. J. Building line. Front, side and rear building lines are the lines on each zoning lot that delineate the ar ea within which construction of principal buildings is confined. K. Business. See “Establishment, business or commercial.” K.L. Business parking lot and/or structures. A commercial off-street parking lot or structure used exclusively for parking and/or storage of vehicles. (Ord. 3688 § 9, 12/21/2021) Editor's note(s)—Section 9 of Ord. 3688 repealed and replaced § 17.08.015 in its entirety. See Code Comparative Table for full derivative history. January 11, 2023 Planning Commission Agenda Packet Page 20 of 161 Created: 2022-06-28 16:28:58 [EST] (Supp. No. 30) Page 14 of 150 17.08.020 "C." 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. B. Car wash. An automotive service facility with self-propelled car washing equipment or where self-service washing is done by the customer. C. 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, fundraising events sponsored by nonprofit organizations, bingo, state run lottery games, turkey shoots, raffles, sports pools, or other amusement games. D. Child care means an establishment for group care of nonres ident children licensed by the Washington State Department of Children, Youth, and Family. Day care establishments are subclassified as follows: 1. Child care provider means a child care provider who regularly provides early childhood education, early learning services, and 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. The provider cares for not more than 12 children in th e provider's home in the living quarters for periods of less than 24 hours a day. 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 coopera tive reciprocated child care by a group of parents or legal guardians in their respective homes. 2. Child care facility means an agency (i.e., facility or business) that regularly provides early childhood education and early learning services for a group of 13 or more children for periods of less than 24 hours. The center is not located in a private 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 useable living quarters. E. Commercial vehicle. Is a licensed (according to tonnage), motorized vehicle designed for transportation of commodities, merchandise, produce, freight, animals, or passengers, and operated in conjunction with a business, occupation, or home occupation. This term shall include, but is not limited to, automobiles, trucks, tractor/trailers, and vans. F. Commission. The appointed Planning Commission, established and regulated by Chapter 2.36 PAMC. G. 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. January 11, 2023 Planning Commission Agenda Packet Page 21 of 161 Created: 2022-06-28 16:28:58 [EST] (Supp. No. 30) Page 15 of 150 H. Community center. A building or portion of a building used for not-for-profit cultural, educational, recreational, religious or social activities that 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. I. Conditional use permit (CUP). A limited permission to locate a particular use at a specific location, where limited permission is required in order to 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 Comprehensive Plan, 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 appro val authority. All other conditional uses are considered a CUP, where the City Hearing Examiner is the approval authority. J. Conditional use. A use permitted in a zone when authorized by the appropriate approval authority but which requires a special degree of 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. K. 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. L. Conforming lot. A lot that contains the required width, depth and square footage as specified in the zone in which the lot is situated. M. Conforming use. A use that is listed as a permitted, accessory or conditional use in the zone in which the use is situated. N. Conference center. A facility used for conferences and seminars, or other community events promoting tourism, that 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. O. Consumer goods service. A use involving the maintenance, repair, cleaning, or rental of consumer and household goods. Examples include but are not limited to laundromats, dry cleaning, shoe repair, clothing rental, appliance and electronics repair, print and photo shops, sign shops, musical instrument repair, jewelry and watch repair, and tool and equipment rental. These uses may include accessory retail sales. P. Cornice. A horizontal molding projecting along the top of a wall, building, etc. Q. Cottage housing. See “Dwelling, cottage housing.” Q.R. Council. The City Council. R.S. 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. 3688 § 10, 12/21/2021) Editor's note(s)—Section 10 of Ord. 3688 repealed and replaced § 17.08.020 in its entirety. See Code Comparative Table for full derivative history. 17.08.025 "D." A. Day care. See “Child care.” January 11, 2023 Planning Commission Agenda Packet Page 22 of 161 Created: 2022-06-28 16:28:58 [EST] (Supp. No. 30) Page 16 of 150 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. B. Department of Community and Economic Development (DCED) means City of Port Angeles Community and Economic Development Department. C. Departure. A provision allowing for applicants to propose alternative means of compliance with a specific standard on a voluntary basis, provided they meet the purpose of the standard. See PAMC 17.22.040 for more information on departures. D. Detached building. See the definition for "Building, accessory". E. 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. F. District. A portion of a planning area which is defined by the primary uses located in that portion of the planning area. G. Dormitory. A residence hall providing sleeping rooms, with or without eating facilities. H. Duplex. A building containing two dwelling units. See duplex standards in Chapter 17.21 PAMC. I. Dwelling or dwelling unit. A building or portion thereof with one or more rooms which are arranged, designed or used for occupancy as separate living quarters for the exclusive use of a single household and is constructed in accordance with the International Building Code or International Residential Code or park models as defined in the American National Standards Institute A119.5 standard for park trailers. Permanently installed kitchen, sleeping, and sanitary facilities must always be provided within the dwelling unit. A dwelling or dwelling unit does not include a house trailer that does not meet ANSI -A119.5 nor does it include hotels, motels or lodging houses. J. Dwelling unit, accessory. A habitable unit added to, created within, or detached from a primary single- household residential dwelling that provides basic requirements for living, sleeping, eating, cooking, and sanitation as outlined by the International Residential Building Code. An ADU is distinguishable from a duplex in that, unlike a duplex, it is clearly incidental to a detached primary single -household dwelling both in use and appearance. An ADU may also be referred to as an accessory residential unit (ARU) in this title. J.K. Dwelling, cottage housing. A small single-household dwelling that is clustered with other similar units sharing a common open space. See cottage housing standards in Chapter 17 .21 PAMC. K.L. Dwelling, multi-family. A building or a portion thereof containing three or more dwelling units. The term also includes any dwelling unit within a mixed use building. L.M. Dwelling, single-household. A building containing one dwelling unit. M.N. Dwelling, small lot single-household. A building containing one dwelling unit on a lot less than 5,000 square feet in area. See small lot single-household standards in Chapter 17.21 PAMC N.O. Dwelling, townhouse. A dwelling unit that shares one or more common or abutting walls with one or more dwelling units and has exterior access. A townhouse does not share common floors/ceilings with other dwelling units. See townhouse standards in Chapter 17.21 PAMC. (Ord. 3688 § 11, 12/21/2021) Editor's note(s)—Section 11 of Ord. 3688 repealed and replaced § 17.08.025 in its entirety. See Code Comparative Table for full derivative history. January 11, 2023 Planning Commission Agenda Packet Page 23 of 161 Created: 2022-06-28 16:28:58 [EST] (Supp. No. 30) Page 17 of 150 17.08.030 "E." A. Emergency housing. Defined by RCW 36.70A.030. B. Emergency shelter. Defined by RCW 36.70A.030. C. Engineer means a professional civil engineer, licensed by and in good standing in the State of Washington. D. Enlargement. An increase in the size of an existing structure or use, including physical size of the property, building, parking, and other improvements. E. 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). F. 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. G. 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. H. Existing (pre-existing). A use, lot, or building that existed at the time of the passage of the City's Zoning Regulations, or prior to January 4, 1971. (Ord. 3688 § 12, 12/21/2021) Editor's note(s)—Section 12 of Ord. 3688 repealed and replaced § 17.08.030 in its entirety. See Code Comparative Table for full derivative history. 17.08.035 "F." A. Façade. The entire street wall face of a building extending from the grade of the building to the top of the parapet or eaves and the entire width of the building elevation. B. 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- familysingle-household dwelling. C. Fence. 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. D. Floor area, gross (GFA). The floor area within the inside perimeter of the exterior walls of the building under consideration, exclusive of vent shafts and courts, without deduction for corridors, stairways, ramps, closets, the thickness of interior walls, columns, or other features. The floor area of a building, or portion thereof, not provided with surrounding exterior walls shall be the usable area under the horizontal projection of the roof or floor above. E. Floor area, net (NFA). The actual occupied floor area, not including unoccupied accessory areas such as corridors, stairways, ramps, toilet rooms, mechanical rooms, and closets. January 11, 2023 Planning Commission Agenda Packet Page 24 of 161 Created: 2022-06-28 16:28:58 [EST] (Supp. No. 30) Page 18 of 150 F. Food and beverage establishment. A use that prepares and sells food and/or drink for on- or off-premises consumption. Examples include, but are not limited to, bars, cocktail lounges, cafés, cafeterias, restaurants, take-out lunch stands, and taverns. G. Frontage. See “Building frontage.” G.H. Fuel station. A retail use primarily involving automobile fuels and specialized structures for selling fuel and fuel storage tanks, often underground. These establishments may provide incidental retail sales of food and other convenience items. H.I. 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. 3688 § 13, 12/21/2021) Editor's note(s)—Section 13 of Ord. 3688 repealed and replaced § 17.08.035 in its entirety. See Code Comparative Table for full derivative history. 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. B. Garage, private residential. A building or structure that is accessory to a single-household dwelling or duplex dwelling, enclosed on not less than three sides and with a roof, and designed or used only for the parking and storage of vehicles, primarily only those vehicles belonging to the occupants of the dwelling. 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. 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. E. Gross floor area. See “Floor area, gross (GFA).” E.F. 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. (Ord. 3688 § 14, 12/21/2021) Editor's note(s)—Section 14 of Ord. 3688 repealed and replaced § 17.08.040 in its entirety. See Code Comparative Table for full derivative history. 17.08.045 "H." A. Hard surface. An impervious surface, a permeable pavement, or a vegetated roof. B. Height. January 11, 2023 Planning Commission Agenda Packet Page 25 of 161 Created: 2022-06-28 16:28:58 [EST] (Supp. No. 30) Page 19 of 150 1. Definition. 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 must 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. 2. Exceptions. The height restrictions in this title shall not apply to 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 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. Other architectural appurtenances such as ornamental cupolas, parapets, and spires, not exceeding the maximum building height by more than ten feet nor exceeding ten feet in diameter, are also exempt from height requirements. C. Household. One person or two or more persons living together as a single, nonprofit, housekeeping unit. A household may also be referred to as "family" in this title. D. Home occupation. 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. E. 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. F. 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 ne rvous disorders and alcoholics. G. Hospice. A facility for the terminally ill. H. Hostel. A residential structure or commercial building where transient accommodations for 30 days or less (daily or weekly) for the traveling public are provided and for which th e 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: 1. Owner occupied single-familysingle-household residential hostels are allowed in the same zones as bed and breakfasts. 2. Non-owner occupied commercial structure hostels are allowed by the same process and in the same zones as hotels and motels. I. Hotel. A facility offering transient lodging accommodations for 30 days or less to the general public and that may include additional facilities and services, such as restaurants, meeting rooms, personal services, etc. J. 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. (Ord. 3688 § 15, 12/21/2021) Editor's note(s)—Section 15 of Ord. 3688 repealed and replaced § 17.08.045 in its entirety. See Code Comparative Table for full derivative history. January 11, 2023 Planning Commission Agenda Packet Page 26 of 161 Created: 2022-06-28 16:28:58 [EST] (Supp. No. 30) Page 20 of 150 17.08.050 "I." A. Impervious surface. A non-vegetated surface area that either prevents or retards the entry of water into the soil mantle as under natural conditions prior to development. A non -vegetated surface area that 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. Common impervious surfaces include, but are not limited to, roof tops, walkways, patios, driveways, parking lots or stormwater areas, concrete or asphalt paving, gravel roads, packed earthen materials, and oiled, macadam or other surfaces that similarly impede the natural infiltration of stormwater. Vegetated roofs and minimal excavation foundations, subject to conformance with applicable Department of Ecology BMPs, are not included in the total impervious area. B. Indoor recreation. A use that provides recreation-oriented activities indoors, including, but not limited to, arcades, arenas, bowling alleys, dance halls, gyms, marital arts studios, skating rinks, and swimming pools. C. Indoor theater. A movie theater, stage theater, auditorium, and similar uses. The term includes facilities or venues with entertainment services such as visual and/or performing arts, theatrical productions, bands, orchestras, and other musical entertainment. D. 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. E. Internal walkway. Any pedestrian path or pedestrian walkway internal to a development. This includes sidewalks along private streets. (Ord. 3688 § 16, 12/21/2021) Editor's note(s)—Section 16 of Ord. 3688 repealed and replaced § 17.08.050 in its entirety. See Code Comparative Table for full derivative history. 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." 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 an d 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) January 11, 2023 Planning Commission Agenda Packet Page 27 of 161 Created: 2022-06-28 16:28:58 [EST] (Supp. No. 30) Page 21 of 150 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 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 build ings or uses customarily incidental to them, and including the open spaces required under this chapter, and having its principal lot frontage on a street. (Ord. 3577 § 1, 3/21/2017; 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) G. Lot, conforming. See “Conforming lot.” G.H. 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. (Ord. 3577 § 1, 3/21/2017; 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) H.I. Lot, irregular. A lot that has an irregular shape, such as narrow necks, points, legs and panhandles. (Ord. 3577 § 1, 3/21/2017; 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) I.J. 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. January 11, 2023 Planning Commission Agenda Packet Page 28 of 161 Created: 2022-06-28 16:28:58 [EST] (Supp. No. 30) Page 22 of 150 (Ord. 3577 § 1, 3/21/2017; 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) J.K. 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." (Ord. 3577 § 1, 3/21/2017) K.L. Lot types. 1. Interior alley access lot. A lot with right of way access only on an alley 2. Corner alley access lot. A lot that has perpendicular lot line access to a street and alley right of way. 1.3. 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. 2.4. Interior lot. A lot other than a corner or through lot. 3.5. 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. 4.6. 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. (Ord. 3577 § 1, 3/21/2017) L.M. 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. 3577 § 1, 3/21/2017; 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.N. Lot line, front. In the case of an interior lot, a line separating the lot from a street or alley right-of- way, and in the case of a double frontage or through lot, a line sepa rating 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 rights-of-way as the primary front lot line, therefore creating an additional subsequent front lot line. 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. 3577 § 1, 3/21/2017; 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) N.O. Lot line, rear. That boundary of a lot which is most distant from and is most nearly parallel to the front lot line. (Ord. 3577 § 1, 3/21/2017; 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) O.P. Lot line, side. Any boundary of a lot which is not a front nor a rear lot line. January 11, 2023 Planning Commission Agenda Packet Page 29 of 161 Created: 2022-06-28 16:28:58 [EST] (Supp. No. 30) Page 23 of 150 (Ord. 3577 § 1, 3/21/2017; 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.Q. Lot line, zero. A concept utilized to permit a structure or wall of a building to be located on a property line. (Ord. 3577 § 1, 3/21/2017) Q.R. 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. 3577 § 1, 3/21/2017; 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) R.S. Lot width. The horizontal distance between side 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. (Ord. 3577 § 1, 3/21/2017; 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) S.T. Low impact development (LID) facilities/BMPs are distributed stormwater management practices, integrated into a project design, that emphasize pre-disturbance hydrologic processes of infiltration, filtration, storage, evaporation and transpiration. LID facilities/BMPs include, but are not limited to: bioretention, rain gardens, permeable pavements, roof downspout controls, dispersion, soil quality and depth, minimal excavation foundations, vegetated roofs, and water re -use. (Ord. 3577 § 1, 3/21/2017; Ord. 3572 § 1, 12/20/2016) T.U. 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. (Ord. 3577 § 1, 3/21/2017; Ord. 3572 § 1, 12/20/2016; Ord. 3089 § 2 (part), 6/29/2001) 17.08.070 "M." A. Manufactured home. Factory built, single-familysingle-household 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; January 11, 2023 Planning Commission Agenda Packet Page 30 of 161 Created: 2022-06-28 16:28:58 [EST] (Supp. No. 30) Page 24 of 150 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. 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. C. Massage. The method, art or science of treating the human body for hygienic, remedial or relaxational purposes by rubbing, stroking, kneading, tapping, rolling or manipulating the human body of another with the hands, or by any other agency or instrumentality. 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. 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. F. Middle Housing. A range of house-scale buildings with multiple units—compatible in scale and form with detached single-household dwellings—located in a walkable neighborhood. F.G. 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). G.H. Mobile home. See the definition for "Trailer, house". H.I. Modulation. The stepping forward or backwards a portion of the façade as a means to articulate or add visual interest to the façade. I.J. Motel. See definition for "Hotel". K. 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. J.L. Multi-family dwelling. See “Dwelling, multi-family.” (Ord. 3688 § 17, 12/21/2021) Editor's note(s)—Section 17 of Ord. 3688 repealed and replaced § 17.08.070 in its entirety. See Code Comparative Table for full derivative history. 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. B. Net floor area. See “Floor area, net (NFA).” January 11, 2023 Planning Commission Agenda Packet Page 31 of 161 Created: 2022-06-28 16:28:58 [EST] (Supp. No. 30) Page 25 of 150 B.C. Nonconforming building or structure. Any building or structure that does not conform with the lot area, yard, height, or lot coverage restrictions in these Zoning Regulations, either at the effective date of these regulations or as the result of subsequent amendments to these regulations. C.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 these Zoning Regulations, to conform to the present requirements of the zone in which it is located. D.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. E.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. F.G. Nursing 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. 3688 § 18, 12/21/2021) Editor's note(s)—Section 18 of Ord. 3688 repealed and replaced § 17.08.075 in its entirety. See Code Comparative Table for full derivative history. 17.08.080 "O." A. Off-street parking space. An area other than a public or private street, alley, highway or traffic way, and used only for the storage of vehicles. Refer to Chapter 14.40 PAMC for off-street parking standards. 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. 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. 3688 § 19, 12/21/2021) Editor's note(s)—Section 19 of Ord. 3688 repealed and replaced § 17.08.080 in its entirety. See Code Comparative Table for full derivative history. 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 liv ing 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 January 11, 2023 Planning Commission Agenda Packet Page 32 of 161 Created: 2022-06-28 16:28:58 [EST] (Supp. No. 30) Page 26 of 150 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. B. Permanent supportive housing. Defined by RCW 36.70A.030. C. Permeable pavement pervious concrete, porous asphalt, permeable pavers or other forms of pervious or porous paving material. Intended to allow passage of water through the pavement section. It often includes an aggregate base that provides structural support and acts as a stormwater reservoir. D. Person. Any person, firm, partnership, association, corporation, company, or other legal entity, private or public, whether for profit or not for profit. E. Personal care services. Uses involved in providing nonmedical body and health services to the general public, including, but not limited to, salons, barbers, tanning, massage therapy, tailors, and tattoo parlors. These uses may include accessory retail sales. F. 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. G. Planning area. A large geographical area of the City, which is defined by physical characteristics and boundaries. H. PRD. Planned residential development. I. Principal building. See “Building, principal.” I.J. Principal use. The primary 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. J.K. Private educational services. Uses providing for-profit and non-profit educational services. Examples include but are not limited to testing centers, business schools, trade and vocational schools, language and exam tutoring, music instruction, dance studios, and arts and craft studios. The term does not include government facilities. L. Professional, business, and media offices. Offices used as a place of business conducted by persons engaged in professions including, but not limited to, accounting, finance, law, real estate, design, engineering, photography, software development, research, counseling, journalism, and business administration. The term includes banks/credit unions and audio and video recording and broadcasting. M. Public. Owned, operated or franchised by a unit of general or special-purpose government. K.N. Public building. Any structure used in whole or in part for a public purpose or by a public organization. The term includes all City-owned facilities. (Ord. 3688 § 20, 12/21/2021) Editor's note(s)—Section 20 of Ord. 3688 repealed and replaced § 17.08.085 in its entirety. See Code Comparative Table for full derivative history. 17.08.087 "Q." At this time, there are no definitions beginning with the letter Q. (Ord. 3577 § 1, 3/21/2017) January 11, 2023 Planning Commission Agenda Packet Page 33 of 161 Created: 2022-06-28 16:28:58 [EST] (Supp. No. 30) Page 27 of 150 17.08.090 "R." A. Reclassification. A change in zoning boundaries upon the zoning map which is an official part of these Zoning Regulations. B. Reconstruction. The act of constructing again. C. Recreation facility or area. A facility or area for recreation purposes, such as a swimming pool, park, tennis court, playground or other similar use. D. Recreational camps. A commercial facility established for temporary occupancy by people using tents, recreational vehicles, travel trailers, and similar lodgings. Improvements such as roads, toilets, showers, utility connections, and other amenities may be provided. E. Recreational purpose. An express intent of a space design and development to service a particular healthful or aesthetic activity. F. Remodel. Development activity modifying an existing structure or facility. A remodel can include a change in use. Remodel activity is subject to the same development standards applicable to new development except where stated otherwise. F.G. Repair, minor. Improvements to correct deficiencies resulting from normal wear and tear or improvements not requiring a building permit. G.H. 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. I. Residential building. See “Building, residential.” H.J. Restoration. The act of putting back or bringing back into a former or original state. I.K. Retail sales. Any use involving the sale, lease, or rental of new or used products, including but not limited to appliances, art supplies, baked goods, bicycles, books, building supplies, cameras, carpet and floor coverings, crafts, clothing, computers, convenience goods, dry goods, electronic equipment, fabric, flowers, furniture, garden supplies, gifts or novelties, groceries, hardware, home improvement, household products, jewelry, medical supplies, music, musical instruments, office supplies, package shipping, pets, pet supplies, pharmaceuticals, photo finishing, picture frames, plants, printed materials, produce, seafood, souvenirs, sporting goods, stationery, tobacco, used or secondhand goods, vehicle parts and accessories, videos and related products. The use may include incidental exterior sales activities that do not meet the definition of "retails sales, heavy." J.L. Retail sales, heavy. "Retail sales, heavy" means retail uses with exterior sales and/or storage areas greater than 15,000 gross square feet or occupying a greater area than the use's principal building. Examples include, but are not limited to, uses selling agricultural supplies, farm equipment, plant and landscape design materials, building materials, and heating fuels. K.M. Retail stand. A small, moveable cart that is operated from a fixed location and is designed and sized to be readily moved under the control of one person but not under its own power. L.N. Right-of-way. Land acquired or dedicated for purposes of a street, highway, sidewalk, alley, avenu e, other structure used for pedestrian or vehicular traffic, or easement or any combination of such uses for which the City has regulatory authority. M.O. Roof. A structure covering any portion of a building or structure, including the projections beyond the walls or supports. January 11, 2023 Planning Commission Agenda Packet Page 34 of 161 Created: 2022-06-28 16:28:58 [EST] (Supp. No. 30) Page 28 of 150 N.P. Roofline. The highest edge of the roof or the top of a parapet, whichever establishes the top line of the structure when viewed in a horizontal plane. (Ord. 3688 § 21, 12/21/2021) Editor's note(s)—Section 21 of Ord. 3688 repealed and replaced § 17.08.090 in its entirety. See Code Comparative Table for full derivative history. 17.08.095 "S." A. Self-service storage. An establishment containing separate storage spaces that are leased or rented as individual units. B. Setback. The required minimum distance from any lot line and that establishes the building envelope within which any structure or building may be erected or placed. 1. Setback, front: a space that extends the full width of the lot, between the front lot line and the distance designated in the City's Zoning Regulations. 2. Setback, rear: a space that extends the full width of the lot, the rear lot line and the distance designated in the City's Zoning Regulations. 3. Setback, side: a space that extends from the front setback line to the rear setback line, 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. 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 their customer base: 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. D. Short-term rental. 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. 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. 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. 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 January 11, 2023 Planning Commission Agenda Packet Page 35 of 161 Created: 2022-06-28 16:28:58 [EST] (Supp. No. 30) Page 29 of 150 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. H. Significant tree. A tree at least six inches in diameter at a point five feet above the ground. I. Single-household dwelling. See “Dwelling, single-household.” I.J. Site coverage. The amount of impervious surface on a parcel, including structures, paved driveways, sidewalks, patios, and other impervious surfaces. K. Small lot single-household dwelling. See “Dwelling, small lot single-household.” J.L. 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. K.M. Story. The space between the floor and the ceiling above said floor. Outside the CBD zone, 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 be considered when the space between a floor and ceilings above said floor has at least one interior side wall that is five feet or less in height. L.N. Street. A vehicular way that affords a primary means of access to abutting property. M.O. Streetscape. The space between buildings on either side of a street. The elements that contribute to the quality and character of streetscape are building façades an d awnings, sidewalks, paving materials, signs, lighting, trees and landscaping, and street furniture and fixtures. N.P. 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. O.Q. 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 fen ces or walls used as fences six feet or less in height. P.R. 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. Q.S. Subordinate. Less important than and secondary to a primary object, usually in these Zoning Regulations referring to an accessory use. (Ord. 3688 § 22, 12/21/2021) January 11, 2023 Planning Commission Agenda Packet Page 36 of 161 Created: 2022-06-28 16:28:58 [EST] (Supp. No. 30) Page 30 of 150 Editor's note(s)—Section 22 of Ord. 3688 repealed and replaced § 17.08.095 in its entirety. See Code Comparative Table for full derivative history. 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 an tenna support structure. B. Through lot. See "Lot, through". 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. D. Townhouse. See “Dwelling, townhouse.” 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. 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. 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 Ci ty Building Code or state and federal manufacturing standards. 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 an y 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. H.I. Transit center. Any centralized structure, station, or transit facility that is primarily used, as part of a transit system, for the purpose of loading, unloading, or transferring passengers from one mode of transportation to another. This use does not include singular street -side bus stops. I.J. Transitional housing. Defined by RCW 84.36.043. J.K. 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. 3688 § 23, 12/21/2021) Editor's note(s)—Section 23 of Ord. 3688 repealed and replaced § 17.08.100 in its entirety. See Code Comparative Table for full derivative history. 17.08.105 "U." A.B. Unclassified use permit. A limited permission to locate a particular unusual, large-scale, unique or conditional use at a particular location, 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 January 11, 2023 Planning Commission Agenda Packet Page 37 of 161 Created: 2022-06-28 16:28:58 [EST] (Supp. No. 30) Page 31 of 150 be contrary to the public interest. An unclassified use permit is processed in the same manner as a conditional use permit. (Ord. 3577 § 1, 3/21/2017; Ord. 2861 § 1 (part), 3/17/1995) B.C. 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. 3577 § 1, 3/21/2017; Ord. 2861 § 1 (part), 3/17/1995) C.D. 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.E. 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. 3577 § 1, 3/21/2017; 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." A. Variance. Permission for an adjustment or relaxation to the literal requirements of the City's Zoning Regulations for a particular property or structure and/or building on a particular property. B. Vegetated roofs (also known as ecoroofs and green roofs) consist of thin layers of engineered soil and vegetation constructed on top of conventional flat or sloped roofs. C. Vehicle rental. The sales or rental of passenger vehicles, light and medium trucks, and other consumer motor vehicles such as motorcycles and mopeds. D. Vertical building modulation. A stepping back or projecting forward vertical walls of a building face, within specified intervals of building width and depth, as a means of breaking up the apparent bulk of a structure's continuous exterior walls. (Ord. 3688 § 24, 12/21/2021) Editor's note(s)—Section 24 of Ord. 3688 repealed and replaced § 17.08.110 in its entirety. See Code Comparative Table for full derivative history. 17.08.115 "W." A. Weather protection. A permanent horizontal structure above pedestrian areas such as sidewalks and building entries that protects pedestrians from inclement weather. B. 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 o ffer 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. January 11, 2023 Planning Commission Agenda Packet Page 38 of 161 Created: 2022-06-28 16:28:59 [EST] (Supp. No. 30) Page 32 of 150 C. Work/live studio. 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. 3688 § 25, 12/21/2021) Editor's note(s)—Section 25 of Ord. 3688 repealed and replaced § 17.08.115 in its entirety. See Code Comparative Table for full derivative history. 17.08.125 "Y." A. Yard. An open space on a lot that lies between the principal building or buildings and the nearest lot line, except as otherwise permitted. (Ord. 3577 § 1, 3/21/2017; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2652 § 1 (part), 9/27/1991; Ord. 1709 § 1 (part), 12/22/1970) 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. See “Lot, zoning.” B.C. 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, lot of record. (Ord. 3577 § 1, 3/21/2017; Ord. 3272, 2/16/2007; Ord. 2863 § 2, 4/14/1995) January 11, 2023 Planning Commission Agenda Packet Page 39 of 161 Created: 2022-06-28 16:28:59 [EST] (Supp. No. 30) Page 33 of 150 CHAPTER 17.10 R7, RESIDENTIAL, LOW MIXED DENSITY1 17.10.010 Purpose. This is a low mixed density residential zone intended to create and preserve urban residential neighborhoods consisting of a mix of single-household homesingle household dwells middle housing, duplexes and accessory dwelling unit homes on historic townsite-size lots. Uses which are compatible with and functionally related to a single-household residential environment may also be located in this zone. Because of land use impacts associated with nonresidential uses, few nonresidential uses are allowed in this zone and then only conditionally. This zone provides the basic urban land use pattern for the City's lower medium density residential neighborhoods, following a standard rectangular street grid system of 60-foot rights-of-way for local access streets and 300-foot by 450 or 500-foot blocks with 3517.5—50-foot by 70-140-foot lots and usually located in areas that are largely developed and closer to the center of the City or commercial corridors. (Ord. 3688 § 26, 12/21/2021; Ord. 3640 § 1, 11/6/2019; Ord. 3548 § 3, 1/5/2016; Ord. 3123 § 3, 10/11/2002; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2385 § 1 (part), 3/28/1986; Ord. 1709 § 1 (part) 12/22/1970) 17.10.020 Permitted uses. A. Adult family home. B. Single-household dwellings. C. Small lot single-household dwelling (lots less than 5,000 square feet). This use is only permitted on alley - loaded lots. B. All residential uses meeting lot dimensional standards and complying with applicable structure design standards in Chapters 17.21 and 17.22 PAMC. D.C. Exempted home occupations. E.D. Child care provider. F.E. Group living. G. Duplexes. H. Cottage housing. (Ord. 3688 § 26, 12/21/2021; Ord. 3640 § 1, 11/6/2019; Ord. 3577 § 1, 3/21/2017; Ord. 2948 § 5 (part), 2/14/1997; Ord. 2926 § 2 (part), 8/16/1996; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2652 § 2 (part), 9/27/1991; Ord. 2385 § 1 (part), 3/28/1986; Ord. 1709 § 1 (part), 12/22/1970) 17.10.030 Accessory uses. A. Accessory dwelling units. B. B. All other uses subordinate to the residential use of the lot. Garages and carports. C. Greenhouses, gazebos, storage sheds, and similar accessory structures. 1Editor's note(s)—Formerly entitled "RS-7R7 Residential, Single-FamilySingle-household," which was renamed by Ord. 3640 , as herein set out. January 11, 2023 Planning Commission Agenda Packet Page 40 of 161 Created: 2022-06-28 16:28:59 [EST] (Supp. No. 30) Page 34 of 150 D. Swimming pools and cabanas. E. Other accessory uses determined by the Director of Community and Economic Development to be compatible with the intent of this chapter. (Ord. 3688 § 26, 12/21/2021; Ord. 3640 § 1, 11/6/2019; Ord. 2921 § 3, 6/28/1996; Ord. 2385 § 1 (part), 3/28/1986) 17.10.040 Conditional uses. Conditional uses must comply with the development standards in subsection 17.94.065. A. Art galleries and museums. B. Assisted living facility. C. Bed and breakfasts. D. Child care facility. E. Communications transmission buildings and structures; e.g., radio tower. F. Community centers. G. Home occupations. H. Libraries. I. Nursing and convalescent homes. J. Public housing authority offices and maintenance structures located on public housing authority ho using sites. K. Public parks and recreation facilities. L. Public utility structures. M. Radio and television stations, provided that antenna is on-site. N. Residential care facilities. O. Other uses compatible with the intent of this chapter. (Ord. 3688 § 26, 12/21/2021; Ord. 3640 § 1, 11/6/2019; Ord. 3577 § 1, 3/21/2017; Ord. 3548 § 3, 1/5/2016; Ord. 3180 § 1 (part), 12/17/2004; Ord. 3013, 3/26/1999; Ord. 2948 § 5 (part), 2/14/1997; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2652 § 2 (part), 9/27/1991; Ord. 2636 § 2, 5/15/1991; Ord. 2385 § 1 (part), 3/28/1986; Ord. 1709 § 1 (part), 12/22/1970) 17.10.050 Area, dimensional, and density requirements. A. The following area and dimensional requirements apply to all R7 zones: Table 17.10.050-1 R7 zone area and dimensional requirements Measurement Type Limit Reference and Additional Provisions Minimum lot area 5,000 square feet 3,500 square feet on PAMC 17.94.020 PAMC 17.94.030 January 11, 2023 Planning Commission Agenda Packet Page 41 of 161 Created: 2022-06-28 16:28:59 [EST] (Supp. No. 30) Page 35 of 150 alley-loaded lots1,750 square feet PAMC 17.94.175 Minimum lot width/frontage 35 feet 25 feet on alley-loaded lots Density, minimum net n/a Density, maximum net n/a1 unit per 1,750 square feet Maximum building height 30 feet 35 feet where all roof forms above 30 feet have a minimum 3:12 roof pitch Maximum site coverage 65% In locations where stormwater runoff from structures, paved driveways, sidewalks, patios, and other surfaces is managed on-site, per the requirements of the Port Angeles Urban Services Standards and Guidelines Manual Chapter 5, the project is exempt from site coverage calculations (see PAMC 17.94.135 for more information). Minimum front setback, alley loaded lot 15 feet PAMC 17.94.075 PAMC 17.94.080 PAMC 17.94.120 Minimum front setback, Interior and corner alley access lot 10 feet PAMC 17.94.075 PAMC 17.94.080 PAMC 17.94.120 Garage entrance setback 20 feet Minimum rear setback 20 15 feet Minimum rear setback, Interior and corner alley access lot 10 feet Minimum side setback 5 feet Minimum side setback (street) 13 5 feet Minimum side setback (alley) 5 feet Detached Accessory Structure Requirements January 11, 2023 Planning Commission Agenda Packet Page 42 of 161 Created: 2022-06-28 16:28:59 [EST] (Supp. No. 30) Page 36 of 150 Minimum rear setback for accessory structures in the rear one-third of the lot 10 feet 0 feet from lot lines abutting an alley, except 5 feet where a garage or carport entrance faces the alley. For small lot design standards, see PAMC 17.21.010. Minimum side setback for accessory structures in the rear one-third of the lot 3 feet 0 feet from lot lines abutting an alley, except 5 feet where a garage or carport entrance faces the alley. Maximum building height, within required primary structure setbacks 30 FeetNot to exceed the primary structure building height A 25% height bonus is available if the detached structure is within the building envelope required of a principal structure in the zone that the property is located. Provided, however, that additional minimum setbacks to ensure a safe building site may be required when the property contains a bluff, ravine, stream, or similar feature as specified in Title 15 PAMC. Maximum building height, outside required primary structure setbacks Not to exceed the primary structure building height Maximum building footprint Not to exceed the primary structure building footprint (Ord. 3688 § 26, 12/21/2021; Ord. 3654 § 1, 12/17/2019; Ord. 3640 § 1, 11/6/2019; Ord. 3577 § 1, 3/21/2017; Ord. 3572 § 2, 12/20/2016; Ord. 3548 § 3, 1/5/2016; Ord. 3390 § 2, 1/30/2010; Ord. 3343 § 2, 1/1/2009; Ord. 3180 § 1 (part), 12/17/2004; Ord. 2948 § 5 (part), 2/14/1997; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2385 § 1 (part), 3/28/1986; Ord. 1709 § 1 (part), 12/22/1970) 17.10.060 Off-street parking. Parking shall be provided as required by Chapter 14.40 of the Port Angeles Municipal Code. (Ord. 3688 § 26, 12/21/2021; Ord. 2948 § 5 (part), 2/14/1997; Ord. 2385 § 1 (part), 3/28/1986; Ord. 1709 § 1 (part), 12/22/1970) January 11, 2023 Planning Commission Agenda Packet Page 43 of 161 Created: 2022-06-28 16:28:59 [EST] (Supp. No. 30) Page 37 of 150 17.10.070 Signs. One sign per lot is permitted. This sign shall be one square foot in area, unlighted, and displaying only the name of the occupant (or as otherwise specified in 17.94.065); provided that official traffic signs, street signs, and identification and warning signs for public utility buildings and structures are exempt from these restrictions. (Ord. 3688 § 26, 12/21/2021; Ord. 3577 § 1, 3/21/2017; Ord. 2948 § 5 (part), 2/14/1997; Ord. 2385 § 1 (part), 3/28/1986; Ord. 1709 § 1 (part), 12/22/1970) 17.10.080 Design standards. See the following Code sections for applicable design standards: 1. Detached small lot single-household dwellings: PAMC 17.21.010. 2. Accessory dwelling units: PAMC 17.21.020. 3. Cottage housing: PAMC 17.21.030. 4. Duplexes: PAMC 17.21.040. 4.5. Multifamily: PAMC 17.22.200, 17.22.300, 17.22.400 (Ord. 3688 § 26, 12/21/2021) January 11, 2023 Planning Commission Agenda Packet Page 44 of 161 Created: 2022-06-28 16:28:59 [EST] (Supp. No. 30) Page 38 of 150 CHAPTER 17.11 R9, RESIDENTIAL, LOW DENSITY2 17.11.010 Purpose. This is a low density residential zone intended to create and preserve urban residential neighborhoods consisting of predominantly single-household homes on larger than historic townsite-size lots. Uses that are compatible with and functionally related to a single-household residential environment may be located in this zone. Because of land use impacts associated with nonresidential uses, few nonresidential uses are allowed in this zone and then only conditionally. This zone provides for variety in the urban land use pattern for the City's lower density residential neighborhoods with minimum 50-foot front lot lines and 60-foot rights-of-way for collector arterial streets in large rectangular blocks and usually located on the perimeter of the developed town center and originally platted neighborhoods. (Ord. 3688 § 27, 12/21/2021; Ord. 3641 § 1, 11/6/2019; Ord. 3577 § 1, 3/21/2017; Ord. 3548 § 4, 1/5/2016; Ord. 3123 § 4, 10/11/2002; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2385 § 1 (part), 3/28/1986; Ord. 1709 § 1 (part), 12/22/1970) 17.11.020 Permitted uses. A. Adult family home. B. Single-household dwellings. C. Exempted home occupations. D. Child care provider. E. Group living. F. Duplexes. G. Cottage housing. (Ord. 3688 § 27, 12/21/2021; Ord. 3641 § 1, 11/6/2019; Ord. 3577 § 1, 3/21/2017; Ord. 2948 § 5 (part), 2/14/1997; Ord. 2926 § 2 (part), 8/16/1996; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2652 § 3, 9/27/1991; Ord. 2385 § 2 (part), 3/28/1986; Ord. 1945 § 1, 10/22/1977; Ord. 1709 § 1 (part), 12/22/1970) 17.11.030 Accessory uses. A. Accessory dwelling units. B. Garages and carports. C. Non-commercial greenhouses, gazebos, storage sheds, and similar accessory structures. D. Swimming pools and cabanas. E. Other accessory uses determined by the Director of Community and Economic Development to be compatible with the intent of this chapter. 2Editor's note(s)—Formerly entitled "RS-9R9 Residential, Single-FamilySingle-household," which was renamed by Ord. 3640 , as herein set out. January 11, 2023 Planning Commission Agenda Packet Page 45 of 161 Created: 2022-06-28 16:28:59 [EST] (Supp. No. 30) Page 39 of 150 (Ord. 3688 § 27, 12/21/2021; Ord. 3641 § 1, 11/6/2019; Ord. 3548 § 4, 1/5/2016; Ord. 3517 § 3, 10/21/2014; Ord. 3053 § 2 6/16/2000; Ord. 2921 § 4, 6/28/1996; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2385 § 2 (part), 3/28/1986; Ord. 1709 § 1 (part), 12/22/1970) 17.11.040 Conditional uses. Conditional uses must comply with the development standards in 17.94.065 PAMC. A. Art galleries and museums. B. Assisted living facility. C. Bed and breakfasts. D. Communications transmission buildings and structures; e.g., radio tower. E. Community centers. F. Child care facility. G. Nursing and convalescent homes. H. Public parks and recreation facilities. I. Public utility structures. J. Radio and television stations, provided that antenna is on-site. K. Other uses compatible with the intent of this chapter. (Ord. 3688 § 27, 12/21/2021; Ord. 3641 § 1, 11/6/2019; Ord. 3577 § 1, 3/21/2017; Ord. 3548 § 4, 1/5/2016; Ord. 3517 § 3, 10/21/2014; Ord. 3478 § 8, 5/21/2013; Ord. 2948 § 5 (part), 2/14/1997; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2652 § 5, 9/27/1991; Ord. 2636 § 3, 5/15/1991; Ord. 2385 § 2 (part), 3/28/1986; Ord. 1709 § 1 (part), 12/22/1970) 17.11.050 Area, dimensional, and density requirements. A. The following area and dimensional requirements apply to all R9 zones: Table 17.11.050-1 R9 zone area and dimensional requirements Measurement Type Limit Reference and Additional Provisions Minimum lot area 7,000 square feet PAMC 17.94.020 PAMC 17.94.030 PAMC 17.94.175 Minimum lot width/frontage 50 feet Density, minimum net n/a Density, maximum net n/a Maximum 30 feet January 11, 2023 Planning Commission Agenda Packet Page 46 of 161 Created: 2022-06-28 16:28:59 [EST] (Supp. No. 30) Page 40 of 150 building height Maximum site coverage 60% In locations where stormwater runoff from structures, paved driveways, sidewalks, patios, and other surfaces is managed on-site, per the requirements the Port Angeles Urban Services Standards and Guidelines Manual Chapter 5, the project is exempt from site coverage calculations (see PAMC 17.94.135 for more information). Minimum front setback 20 feet PAMC 17.94.075 PAMC 17.94.080 PAMC 17.94.120 Garage entrance setback 20 feet Minimum rear setback 25 feet Minimum side setback 7 feet Minimum side setback (street) 13 feet Minimum side setback (alley) 7 feet Detached Accessory Structure Requirements Minimum rear setback for accessory structures in the rear one-third of the lot 10 feet 0 feet from lot lines abutting an alley, except 5 feet where a garage or carport entrance faces the alley. Minimum side setback for accessory structures in the rear one-third of the lot 3 feet 0 feet from lot lines abutting an alley, except 5 feet where a garage or carport entrance faces the alley. Maximum building height Not to exceed the primary structure building height A 25% height bonus is available if the detached structure is within the building envelope required of a principal structure in the zone that the property is located. Provided, however, that additional minimum setbacks to ensure a safe January 11, 2023 Planning Commission Agenda Packet Page 47 of 161 Created: 2022-06-28 16:28:59 [EST] (Supp. No. 30) Page 41 of 150 building site may be required when the property contains a bluff, ravine, stream, or similar feature as specified in Title 15 PAMC. Maximum building footprint Not to exceed the primary structure building footprint (Ord. 3688 § 27, 12/21/2021; Ord. 3654 § 2, 12/17/2019; Ord. 3641 § 1, 11/6/2019; Ord. 3577 § 1, 3/21/2017; Ord. 3572 § 3, 12/20/2016; Ord. 3548 § 4, 1/5/2016; Ord. 3390 § 3, 1/30/2010; Ord. 3343 § 3, 1/1/2009; Ord. 3180 § 1 (part), 12/17/2004; Ord. 2948 § 5 (part), 2/14/1997; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2385 § 2 (part), 3/28/1986; Ord. 1709 § 1 (part), 12/22/1970) 17.11.060 Off-street parking. Parking shall be provided as required by Chapter 14.40 of the Port Angeles Municipal Code. (Ord. 3688 § 27, 12/21/2021; Ord. 2948 § 5 (part), 2/14/1997; Ord. 2385 § 2 (part), 3/28/1986; Ord. 1709 § 1 (part), 12/22/1970) 17.11.070 Signs. One sign per lot is permitted. This sign shall be one square foot in area, unlighted, and displaying only the name of the occupant (or as otherwise specified in 17.94.065 PAMC); provided that official traffic signs, street signs, and identification and warning signs for public utility buildings and structures are exempt from these restrictions. (Ord. 3688 § 27, 12/21/2021; Ord. 3577 § 1, 3/21/2017; Ord. 2948 § 5 (part), 2/14/1997; Ord. 2385 § 2 (part), 3/28/1986; Ord. 1709 § 1 (part), 12/22/1970) 17.11.080 Design standards. See the following Code sections for applicable design standards: 1. Accessory dwelling units: PAMC 17.21.020. 2. Cottage housing: PAMC 17.21.030. 3. Duplexes: PAMC 17.21.040. (Ord. 3688 § 27, 12/21/2021) January 11, 2023 Planning Commission Agenda Packet Page 48 of 161 Created: 2022-06-28 16:28:59 [EST] (Supp. No. 30) Page 42 of 150 CHAPTER 17.12 R11, RESIDENTIAL, LOW DENSITY3 17.12.010 Purpose. This is a low density residential zone intended to create and preserve single-household residential neighborhoods consisting of predominantly larger than standard sized townsite-sized lots, while maintaining densities at or more than four primary dwelling units per acre. Uses that are compatible with and functionally related to a single - household residential environment may be located in this zone. Because of land use impacts associated with nonresidential uses, few nonresidential uses are allowed in this zone and then only conditionally. This zone provides for variety in the urban land use pattern for the City's lower density residential neighborhoods, following a curvilinear street system of non-through public and private streets with irregularly shaped lots, minimum 75 -foot front lot lines, and 60-foot rights-of-way for collector arterial streets in large rectangular blocks and usually located in outlying areas. (Ord. 3688 § 28, 12/21/2021; Ord. 3642 § 1, 11/6/2019; Ord. 3548 § 5, 1/5/2016; Ord. 3180 § 1 (part), 12/17/2004) 17.12.020 Permitted uses. A. Adult family home. B. Single-household dwellings. C. Exempted home occupations. D. Child care provider. E. Group living. F. Cottage housing. (Ord. 3688 § 28, 12/21/2021; Ord. 3577 § 1, 3/21/2017; Ord. 3180 § 1 (part), 12/17/2004) 17.12.030 Accessory uses. A. Accessory dwelling units. B. Garages and carports. C. Greenhouses, gazebos, storage sheds, and similar accessory structures. D. Swimming pools and cabanas. E. Other accessory uses determined by the Director of Community and Economic Development to be compatible with the intent of this chapter. (Ord. 3688 § 28, 12/21/2021; Ord. 3642 § 1, 11/6/2019; Ord. 3548 § 5, 1/5/2016; Ord. 3180 § 1 (part), 12/17/2004) 3Editor's note(s)—Formerly entitled "RS-11R11 Residential, Single-FamilySingle-household," which was renamed by Ord. 3640 , as herein set out. January 11, 2023 Planning Commission Agenda Packet Page 49 of 161 Created: 2022-06-28 16:28:59 [EST] (Supp. No. 30) Page 43 of 150 17.12.040 Conditional uses. Conditional uses. Conditional uses must comply with the minimum standards in PAMC 17.94.065. A. Art galleries and museums. B. Assisted living facility. C. Bed and breakfasts. D. Communications transmission buildings and structures; e.g., radio tower. E. Community centers. F. Child care facilities and pre-schools. G. Duplexes. H. Hospices. I. Nursing and convalescent homes. J. Public parks and recreation facilities. K. Public utility structures. L. Radio and television stations, provided that antenna is on-site. M. Residential care facilities. N. Other uses compatible with the intent of this chapter. (Ord. 3688 § 28, 12/21/2021; Ord. 3642 § 1, 11/6/2019; Ord. 3577 § 1, 3/21/2017; Ord. 3548 § 5, 1/5/2016; Ord. 3180 § 1 (part), 12/17/2004) 17.12.050 Area, dimensional, and density requirements. A. The following area and dimensional requirements apply to all R11 zones: Table 17.12.050-1 R11 zone area and dimensional requirements Measurement Type Limit Reference and Additional Provisions Minimum lot area 9,000 sf PAMC 17.94.020 PAMC 17.94.030 PAMC 17.94.175 Minimum lot width/frontage 65 feet Density, minimum net n/a Density, maximum net n/a Maximum building height 30 feet Maximum 50% In locations where stormwater runoff from January 11, 2023 Planning Commission Agenda Packet Page 50 of 161 Created: 2022-06-28 16:28:59 [EST] (Supp. No. 30) Page 44 of 150 site coverage structures, paved driveways, sidewalks, patios, and other surfaces is managed on- site, per the requirements of the Port Angeles Urban Services Standards and Guidelines Manual Chapter 5, the project is exempt from site coverage calculations (see PAMC 17.94.135 for more information). Minimum front setback 20 feet PAMC 17.94.075 PAMC 17.94.080 PAMC 17.94.120 Garage entrance setback 20 feet Minimum rear setback 25 feet Minimum side setback 7 feet Minimum side setback (street) 13 feet Minimum side setback (alley) 7 feet Detached Accessory Structure Requirements Minimum rear setback for accessory structures in the rear one-third of the lot 10 feet 0 feet from lot lines abutting an alley, except 5 feet where a garage or carport entrance faces the alley. Minimum side setback for accessory structures in the rear one-third of the lot 3 feet 0 feet from lot lines abutting an alley, except 5 feet where a garage or carport entrance faces the alley. Maximum building height Not to exceed the primary structure building height A 25% height bonus is available if the detached structure is within the building envelope required of a principal structure in the zone that the property is located. Provided, however, that additional minimum setbacks to ensure a safe building site may be required when the property contains a bluff, ravine, stream, or similar feature as specified in Title 15 PAMC. Maximum building footprint Not to exceed the primary structure building footprint January 11, 2023 Planning Commission Agenda Packet Page 51 of 161 Created: 2022-06-28 16:28:59 [EST] (Supp. No. 30) Page 45 of 150 (Ord. 3688 § 28, 12/21/2021; Ord. 3642 § 1, 11/6/2019; Ord. 3577 § 1, 3/21/2017; Ord. 3572 § 4, 12/20/2016; Ord. 3548 § 5, 1/5/2016; Ord. 3390 § 4, 1/30/2010; Ord. 3343 § 4, 1/1/2009; Ord. 3180 § 1 (part), 12/17/2004) 17.12.060 Off-street parking. Parking shall be provided as required by Chapter 14.40 of the Port Angeles Municipal Code. (Ord. 3688 § 28, 12/21/2021; Ord. 3180 § 1 (part), 12/17/2004) 17.12.070 Signs. One sign per lot is permitted. This sign shall be one square foot in area, unlighted, and displaying only the name of the occupant (or as otherwise specified in 17.94.065); provided that official traffic signs, street signs, and identification and warning signs for public utility buildings and structures are exempt from these restrictions. (Ord. 3688 § 28, 12/21/2021; Ord. 3577 § 1, 3/21/2017; Ord. 3180 § 1 (part), 12/17/2004) 17.12.080 Design standards. See the following Code sections for applicable design standards: 1. Accessory dwelling units: PAMC 17.21.020. 2. Cottage housing: PAMC 17.21.030. 3. Duplexes: PAMC 17.21.040. (Ord. 3688 § 28, 12/21/2021) January 11, 2023 Planning Commission Agenda Packet Page 52 of 161 Created: 2022-06-28 16:28:59 [EST] (Supp. No. 30) Page 46 of 150 CHAPTER 17.13 RTP - RESIDENTIAL TRAILER PARK 17.13.010 Purpose. This is a medium density residential zone intended for mobile home occupancies, and the area is regarded as essentially residential in character. 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 small lot, single-familysingle-household, mobile home parks, following an irregular urban land use pattern of private access roads and minimum 3500 square foot lots. (Ord. 3123 § 5, 10/11/2002; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2668 § 4 (part), 1/17/1992; Ord. 1709 § 1 (part), 12/22/1970) 17.13.020 Permitted uses. A. Manufactured homes on individual lots that meet the development standards minimum lot area and dimension requirements of the RS-7R7 Zone. B. Mobile homes. C. Trailer parks. (Ord. 3180 § 1 (part), 12/17/2004; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2796 § 7, 2/11/1994; Ord. 2668 § 4 (part), 1/17/1992; Ord. 2300 § 2 (part), 5/29/1984; Ord. 1709 § 1 (part), 12/22/1970) 17.13.030 Accessory uses and buildings. A. Garages and carports. B. Greenhouses, gazebos, storage sheds, and similar accessory structures. C. Swimming pools and cabanas. D. Private television satellite reception dishes. E. Community recreation rooms and laundry rooms. F. Playground equipment. G. Manager's office. H. Propane fuel storage tanks. I. Shower and laundry rooms. J. Lavatories. K. Other accessory uses determined by the Director of Community and Economic Development to be compatible with the intent of this chapter. (Ord. 2921 § 5, 6/28/1996; Ord. 2668 § 4 (part), 1/17/1992; Ord. 2300 § 2 (part), 5/29/1984; Ord. 1709 § 1 (part), 12/22/1970) January 11, 2023 Planning Commission Agenda Packet Page 53 of 161 Created: 2022-06-28 16:28:59 [EST] (Supp. No. 30) Page 47 of 150 17.13.040 Conditional uses. Trailer supplies office. (Ord. 2668 § 4 (part), 1/17/1992; Ord. 2300 § 2 (part), 5/29/1984; Ord. 1709 § 1 (part), 12/22/1970) 17.13.050 Area and dimensional requirements for trailer parks. A. Minimum lot area: Four acres for trailer park; 3,500 square feet individual site. B. Minimum lot width: 400 feet for trailer park; 40 feet per individual site. C. Minimum yard requirements: Trailer park - No building, trailer, structure, cabana, carport shall be permitted closer than 30 feet to the nearest public right -of-way, and no closer than ten feet to any property line of a trailer park. D. Individual trailer sites: 1. Front: 14 feet to front property line of individual site. 2. Rear: Ten feet to rear property line of individual site. 3. Sides: Seven feet to side property line of individual site. E. Density shall not exceed one trailer for every 5,0001,750 square feet (8.71 units/acre) of total land area. Said total land area ratio to include driveways, toilet and laundry buildings, playground -recreation open spaces, individual trailer sites, and caretaker's quarters. F. A minimum of ten percent of the total area of a trailer park shall be reserved and shall be used solely and exclusively for a playground-recreation open space. G. No building, trailer, structure, cabana, carport, or solid fence shall be permitted closer than 30 feet to any property line that abuts a street or public right-of-way, and no closer than ten feet to any other property line. H. In the interests of fire prevention, there shall be a minimum space of 14 feet between trailers, including cabanas. (Ord. 3548 § 6, 1/5/2016; Ord. 2948 § 5 (part), 2/14/1997; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2796 § 8, 2/11/1994; Ord. 2668 § 4 (part), 1/17/1992; Ord. 2300 § 2 (part), 5/29/1984; Ord. 1709 § 1 (part), 12/22/1970) 17.13.060 Off-street parking required. Parking shall be provided as required by Chapter 14.40 of the Port Angeles Municipal Code. (Ord. 2948 § 5 (part), 2/14/1997; Ord. 2668 § 4 (part), 1/17/1992; Ord. 2300 § 2 (part), 5/29/1984; Ord. 1709 § 1 (part), 12/22/1970) 17.13.070 Signs permitted. A. Signs no larger than 12 square feet, unlighted, one per trailer park. B. Signs no larger than one square feet, unlighted, one per individual site. (Ord. 2668 § 4 (part), 1/17/1992; Ord. 2300 § 2 (part), 5/29/1984; Ord. 1709 § 1 (part), 12/22/1970) January 11, 2023 Planning Commission Agenda Packet Page 54 of 161 Created: 2022-06-28 16:28:59 [EST] (Supp. No. 30) Page 48 of 150 17.13.080 Trailers. House trailers, automobiles, automobile trailers, mobile homes, park model manufactured homes, boats, recreation vehicles, vacation trailers and campers used for residential purposes shall not be permitted for occupancy in the City of Port Angeles except in approved trailer parks or as permitted by section 17.95.060 PAMC (temporary use permit). (Ord. 3155 § 6, 1/30/2005; Ord. 2948 § 5 (part), 2/14/1997; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2668 § 4 (part), 1/17/1992; Ord. 2300 § 2 (part), 5/29/1984; Ord. 1709 § 1 (part), 12/22/1970) 17.13.090 Trailer parks. A. No person, company or corporation shall establish a new trailer park or mobile home park or enlarge an existing trailer or mobile home park within the City limits of Port Angeles without first obtaining a permit for a trailer park from the Port Angeles Hearing Examiner. B. Permit fees shall be as set forth in Chapter 3.70 PAMC. C. Said permit shall require the following: 1. A site plan showing the location of the proposed trailer park and all buildings, sanitary facilities, playground-recreation open space, utility buildings, driveways, and individual trailer sites, including all dimensions of the trailer park tract, each individual trailer site, parking facilities and patio, and including plans and specifications of all buildings shall be submitted to the Planning Commission. 2. Approval of the Building Official, City Engineer, Fire Chief and City Manager and Health Officer, regarding City codes, ordinances and standards. (Ord. 3548 § 6, 1/5/2016; Ord. 2932 § 34, 10/11/1996; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2668 § 4 (part), 1/17/1992; Ord. 2300 § 2 (part), 5/29/1984; Ord. 1709 § 1 (part), 12/22/1970) 17.13.100 Additional development standards. A. Location: Trailer parks may be located upon approval of the Hearing Examiner and by conditional use permit from said Hearing Examiner, in any zone in which multiple dwellings are permitted. Each boundary of the park must be at least 200 feet from any permanent residential building located outside the park, unless separated therefrom by a natural or artificial barrier, or unless a majority of the property owners according to area within said 200 feet, consent in writing to the establishment of the park. B. Driveways, walkways: 1. All mobile home spaces shall abut upon a private roadway, which is not less than 25 f eet in width and which shall have unobstructed access to a public street or highway. 2. Walkways not less than two feet wide shall be provided from the mobile home spaces to the service buildings. 3. All driveways and walkways within the park shall be lighted at night with electric lamps of not less than 50 watts each, spaced at intervals of not more than 100 feet. C. Screening: Excepting the entrance-driveway, a screening of evergreen trees or shrubs shall be maintained at a planting height of five feet and at a height of 12 feet at full growth, in the front, side, and rear yards of every trailer park. January 11, 2023 Planning Commission Agenda Packet Page 55 of 161 Created: 2022-06-28 16:29:00 [EST] (Supp. No. 30) Page 49 of 150 D. Signs: Signs not to exceed 12 square feet shall be permitted. No lighted signs of any kind shall be permitted. One sign per trailer park. E. Sanitation facilities: Each trailer park shall be provided with toilets, baths, or showers, slop sinks and other sanitation facilities which shall conform to all City and State Health Rules and Codes. F. Water supply: An adequate supply of pure water for drinking and domestic purposes shall be supplied by pipes to all buildings and mobile home spaces within the park to meet the requirements of the park. Each mobile home space shall be provided with a cold water tap at least four inches above the ground. An adequate supply of hot water shall be provided at all times in the service buildings for all bathing, washing, cleansing, and laundry facilities. G. Laundry facilities: Laundry facilities shall be provided with one single laundry tray and one automatic or semi-automatic type washing machine for each ten mobile home spaces or any less number thereof. H. Service buildings: 1. Service buildings housing sanitation and laundry facilities shall be permanent structures complying with all applicable ordinances and statutes regulating building, electrical installations, and plumbing systems. 2. Service buildings housing sanitation facilities shall be located not closer than 20 feet nor farther than 200 feet from any mobile home space. I. Sewage and refuse disposal: Waste from showers, bath tubs, flush toilets, urinals, lavatories, slop sinks, and laundries in service and other buildings and from each trailer within the park shall be discharged into a public sewer system in compliance with applicable ordinances. J. Garbage receptacles: Regulation garbage receptacles with tight-fitting covers shall be provided in quantities to permit disposal of all garbage and rubbish. Garbage receptacles may be located in groups not farther than 100 feet from any mobile home space. The receptacles shall be kept in sanitary condition at all times. Garbage and rubbish shall be collected and disposed of as frequently as may be necessary to ensure that individual garbage receptacles shall not overflow. K. Fire protection: Every park shall be equipped at all times with fire extinguishing equipment in good working order, of such type, size and number and so located within the park as to satisfy applicable reasonable regulations of the Fire Department. No open fires shall be permitted at any place which may endanger life or property. (Ord. 3548 § 6, 1/5/2016; Ord. 3180 § 1 (part), 12/17/2004; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2668 § 4 (part), 1/17/1992; Ord. 2300 § 2 (part), 5/29/1984; Ord. 1709 § 1 (part), 12/22/1970) January 11, 2023 Planning Commission Agenda Packet Page 56 of 161 Created: 2022-06-28 16:29:00 [EST] (Supp. No. 30) Page 50 of 150 CHAPTER 17.15 RHD - RESIDENTIAL, HIGH DENSITY4 17.15.010 Purpose. 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 and are usually located in areas that are largely developed and closer to the center of the City, and in close proximity to primary transportation routes. (Ord. 3688 § 30, 12/21/2021; Ord. 3577 § 1, 3/21/2017; 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 dwelling units. B. Adult family homes. C. Bed and breakfasts. D. Child care provider. E. Child care facility. F. Short-term rental. G. Group living. H. Multi-family dwellings. I. Single-household dwellings existing as of December 21, 2021. J. Townhouses. K. Duplexes. L. Cottage housing. 4Editor's note(s)—Ord. 3688 § 30, adopted Dec. 21, 2021, repealed the former Ch. 17.15., §§ 17.15.010—17.15.080 and enacted new provisions §§ 17.15.010—17.15.040 as set out herein. The former §§ 17.15.050—17.15.080 pertained to area, dimensional and density requirements; off-street parking; signs; and design and landscaping, which derived from: Ord. 3577 § 1, adopted Mar. 21, 2017; Ord. 3572 § 6, adopted Dec. 20, 2016; Ord. 3548 § 8, adopted Jan. 5, 2016; Ord. 3343 § 6, adopted Jan. 1, 2009; Ord. 3272, adopted Feb. 16, 2007; Ord. 3180 § 1 (part), adopted Dec. 17, 2004; Ord. 3042 § 3 (part) adopted Jan. 28, 2000; Ord. 2948 § 5 (part), adopted Feb. 14, 1997; Ord. 2861 § 1 (part), adopted Mar. 17, 1995; Ord. 2668 § 3 (part), adopted Jan. 17, 1992; Ord. 2666 § 3 (part), adopted Jan. 17, 1992; Ord. 2652 § 6 (part), adopted Sept. 27, 1991; Ord. 2636 § 9 (part), adopted May 15, 1991; Ord. 2538 § 1, adopted June 28, 198 9; Ord. 2397 § 1 (part), adopted June 16, 1986; and Ord. 1709 § 1 (part), adopted Dec. 22, 1970. January 11, 2023 Planning Commission Agenda Packet Page 57 of 161 Created: 2022-06-28 16:29:00 [EST] (Supp. No. 30) Page 51 of 150 (Ord. 3688 § 30, 12/21/2021; Ord. 3577 § 1, 3/21/2017; 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. 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. 3688 § 30, 12/21/2021; Ord. 3577 § 1, 3/21/2017; Ord. 3272, 2/16/2007; Ord. 2921 § 7, 6/28/1996; Ord. 2861 § 1 (part), 3/17/1995) 17.15.040 Conditional uses. Conditional uses must comply with the minimum standards in PAMC 17.94.065. A. Art galleries, museums and aquariums. B. Assisted living facilities. C. Community center. D. Funeral homes and mortuaries. E. Hospices. F. Home occupations. G. Libraries. H. Nursing and convalescent homes. I. Public parks and recreation facilities. J. Residential care facilities. K. Utility buildings and structures. L. Other uses compatible with the intent of this chapter. January 11, 2023 Planning Commission Agenda Packet Page 58 of 161 Created: 2022-06-28 16:29:00 [EST] (Supp. No. 30) Page 52 of 150 17.15.0XX50 Area and Dimensional Requirements. [insert setback requirements for the RHD zone from Ordinance No. 3548, which were inadvertently removed] (Ord. 3688 § 30, 12/21/2021; Ord. 3577 § 1, 3/21/2017; 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) January 11, 2023 Planning Commission Agenda Packet Page 59 of 161 Created: 2022-06-28 16:29:00 [EST] (Supp. No. 30) Page 53 of 150 CHAPTER 17.17 HO - HOME OCCUPATIONS5 17.17.010 Purpose. The purpose of this chapter is to ensure that an occupation or business undertaken within a dwelling unit located in a residential zone is incidental and subordinate to the primary residential use and is compatible with the residential character of the neighborhood. This chapter provides for home occupations within residential zones to be permitted through an administrative conditional use permit process. (Ord. 3577 § 1, 3/21/2017; Ord. 3548 § 9, 1/5/2016; Ord. 3123 § 8 (part), 10/11/2002; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2103 § 2, 10/18/1980) 17.17.011 Conflict with other ordinances. Should any of the provisions or definitions of any other chapter of Title 17 conflict with or overlap any of the provisions or definitions of this chapter, whichever imposes the more stringent regulations shall prevail. (Ord. 3272, 2/16/2007; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2103 § 3, 10/18/1980) 17.17.012 Reserved. Editor's note(s)—Ord. 3577 § 1, adopted Mar. 21, 2017, repealed § 17.17.012 entitled, "Definitions,"which derived from Ord. 3272, adopted Feb. 16, 2007; Ord. 3123 § 8 (part), adopted Oct. 11, 2002; Ord. 2861 § 1 (part), adopted Mar. 17, 1995; Ord. 2265 § 2, adopted Sept. 19, 1983; and Ord. 2103 § 4, adopted Oct. 18, 1980. 17.17.020 Applicability. An administrative conditional use permit in accordance with the provisions of this chapter is required for all home occupations occurring in residential use districts except those exempted pursuant to PAMC 17.17.030. A home occupation use is an administrative conditional use permit as defined in PAMC 17.08.020(I). (Ord. 3577 § 1, 3/21/2017; Ord. 3123 § 8 (part), 10/11/2002; Ord. 3042 § 3 (part) 1/28/2000; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2103 § 5, 10/18/1980) 17.17.030 Home occupations exempted. The following home occupations shall be exempted when all the development standards in section 17.17.040 and specific conditions applicable to each use are met: A. Authors, composers, writers. B. Building contractors, home builders, building tradesmen, landscaping services, janitorial services, commercial loggers, divers, truck drivers, provided: 1. No more than one commercial vehicle, no matter how many different home occupations are occurring at one site, is parked on the premises or the adjacent street at one time; 2. No outside storage of materials or equipment, except hand-carried tools, on the premises; 5Editor's note(s)—Ord. 3577 § 1, adopted Mar. 21, 2017, changed the title of ch. 17.17 from "HO - Home Occupations Permit" to "HO - Home Occupations." January 11, 2023 Planning Commission Agenda Packet Page 60 of 161 Created: 2022-06-28 16:29:00 [EST] (Supp. No. 30) Page 54 of 150 3. Only family members working in the residence may park their vehicles on the property or the adjacent street as part of the conducting of the business. C. Family day-care homes that provide day-care during part of the 24-hour day to 12 or fewer children incidental to a primary residential use. D. Retail and wholesale salespersons, business representatives, provided: 1. No customers visit the premises; 2. No products, except samples, are stored on the premises; 3. Only family members working in the residence may park their vehicles on the property or the adjacent street as part of the conducting of the business. (Ord. 3137 § 1, 2/24/2003; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2652 § 16, 9/27/1991; Ord. 2103 § 6, 10/18/1980) 17.17.040 Development standards. All home occupations shall comply with the following development standards: A. There shall be no exterior display, no exterior sign, no exterior storage of materials (not including commercial vehicles and as listed in PAMC 17.17.030(B)(3)), and no other indi cation or appearance of a business that would detract from the residential character of the area. B. If the operation is the type where customers or clients come to the home, the Director of Community and Economic Development shall determine the number of visitations per day that is compatible with the area. C. If customers or clients visit the home, the hours of operation shall be from 9:00 a.m. to 5:00 p.m., unless otherwise specified by the Director of Community and Economic Development. D. If the operation is the type in which classes are held or instruction given, the Director of Community and Economic Development shall determine the number of students per day that is compatible with the site and surrounding area. E. Employees working on the premises shall be limited to members of the family residing in the dwelling unit, unless otherwise specified by the Director of Community and Economic Development; provided that the number of non-family employees shall not exceed one. F. On-premise retail sale of goods not produced, processed or fabricated in the dwelling unit shall not be permitted. G. Home occupations shall be conducted in whole or in part in the dwelling unit but not entirely in an accessory building unless otherwise specified by the Director of Community and Economic Development; provided, that the dwelling unit and accessory building in which the home occupation is conducted shall occur on the same parcel. H. The number of off-street parking spaces shall be determined by the Director of Community and Economic Development. Any improvements to the parking area shall be determined by the City Engineer in accordance with Chapter 14.40 PAMC whereby said improvements shall be completed within two years of the date of approval. (Ord. 3548 § 9, 1/5/2016; Ord. 3272, 2/16/2007; Ord. 3071 § 4 (part), 12/15/2000; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2595 § 4, 6/27/1990; Ord. 2265 § 3, 9/19/1983; Ord. 2103 § 7, 10/18/1980) January 11, 2023 Planning Commission Agenda Packet Page 61 of 161 Created: 2022-06-28 16:29:00 [EST] (Supp. No. 30) Page 55 of 150 17.17.050 Application and notice procedures. The application for a home occupation use shall be submitted on a form obtained from the Department of Community and Economic Development and shall be acknowledged by the owner of the property, if other than the applicant. In addition to the notice procedures contained in PAMC 18.02.050, notice shall be mailed to the latest recorded real property owners within at least 300 feet of the boundary of the site as shown by the records of the County Assessor. Mailing labels shall be provided by the applicant. (Ord. 3577 § 1, 3/21/2017; Ord. 3272, 2/16/2007; Ord. 3042 § 3 (part) 1/28/2000; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2595 § 4, 6/27/1990; Ord. 2103 § 8, 10/18/1980) 17.17.060 Routing and staff recommendations. Upon receipt of an application satisfying the requirements of section 17.17.050, the Department of Community and Economic Development shall route the same to all appropriate departments. Each such department shall submit to the Department of Community and Economic Development recommendations and comments regarding the application. The Department of Community and Economic Development shall prepare a report to the Director of Community and Economic Development summarizing the factors involved, the recommendations of other departments, and the Department of Community and Economic Development recommendation and findings. 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. 3272, 2/16/2007; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2595 § 4, 6/27/1990; Ord. 2103 § 9, 10/18/1980) 17.17.080 Director of Community and Economic Development decision. The Director's decision shall be in written form with findings based upon compliance with sections 17.17.010, 17.17.040 and the following criteria: A. That the home occupation does not involve equipment or processes which introduce noise, smoke, dust, fumes, vibrations, odors, and other hazards in excess of those normally found in residential areas. B. That the home occupation does not significantly increase local vehicular or pedestrian traffic. C. That the home occupation shall not be injurious or detrimental to adjoining or abutting properties. D. That the home occupation shall not endanger the public health, morals, safety, and welfare; and that it is in the public interest. E. The Director of Community and Economic Development decision shall include a condition that home occupations be forwarded to the Public Works and Utilities Department for the determination of utility charges. (Ord. 3272, 2/16/2007; Ord. 2911 § 3, 3/29/1996; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2595 § 4, 6/27/1990; Ord. 2103 § 11, 10/18/1980) 17.17.090 Special review. Persons with demonstrated physical handicaps may be permitted special review by the Director of Community a nd Economic Development. Such applicant may request waiver of development standard sections 17.17.040.E and/or F. No waiver of the criteria of section 17.17.080 will be considered. January 11, 2023 Planning Commission Agenda Packet Page 62 of 161 Created: 2022-06-28 16:29:00 [EST] (Supp. No. 30) Page 56 of 150 (Ord. 3548 § 9, 1/5/2016; Ord. 3272, 2/16/2007; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2595 § 4, 6/27/1990; Ord. 2103 § 12, 10/18/1980) 17.17.095 Special review criteria. In addition to the criteria of section 17.17.080, the Director of Community and Economic Development shall base his decision on a special review upon the following criteria: A. The waiver of any development standard shall not change the basic residential character of the dwelling unit nor detract in any way from the residential character of the neighborhood. (Ord. 3272, 2/16/2007; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2595 § 4, 6/27/1990; Ord. 2103 § 13, 10/18/1980) 17.17.110 Limitations. A. Once a home occupation use has been approved, it shall not be transferred to another person or to a location other than as stated on the permit. B. The initial time limit on approved home occupation uses shall not exceed one year, after which time extensions may be granted as provided in this chapter. (Ord. 3577 § 1, 3/21/2017; Ord. 3042 § 3 (part) 1/28/2000; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2595 § 4, 6/27/1990; Ord. 2103 § 16, 10/18/1980) 17.17.200 Appeals. A. Any person aggrieved by the decision of the Director of Community and Economic Development may appeal the decision to the City Council. B. Appeals shall be submitted to the Department of Community and Economic Development in writing within 15 days following the date of the decision. C. The City Council shall conduct an open record public hearing on the appeal of the Direct or of Community and Economic Development's decision with notice being given as set forth in PAMC 17.96.140. The Council's decision shall be final unless appealed to Clallam County Superior Court in accordance with PAMC 17.96.150. (Ord. 3272, 2/16/2007; Ord. 3042 § 3 (part) 1/28/2000) 17.17.210 Extensions. A. Extensions of approved home occupation uses shall be considered in accordance with the same procedures as for the original permit application and may be granted for specified or unspecified time periods provided that the following minimum criteria are met: 1. The use complies with the permit conditions; and 2. There have been no significant, adverse changes in circumstances. B. Upon written request for an extension submitted to the Department of Community and Economic Development prior to the expiration of the home occupation use, said use shall be automatically extended for 90 days to allow the City to review and process the ext ension request. (Ord. 3577 § 1, 3/21/2017; Ord. 3272, 2/16/2007; Ord. 3042 § 3 (part) 1/28/2000) January 11, 2023 Planning Commission Agenda Packet Page 63 of 161 Created: 2022-06-28 16:29:00 [EST] (Supp. No. 30) Page 57 of 150 17.17.300 Revocation. Any permit issued pursuant to the terms of this chapter may be revoked in accordance with the provisions of Chapter 1, Section 13, Ordinance No. 2050. (Ord. 3042 § 3 (part) 1/28/2000; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2103 § 18, 10/18/1980) 17.17.310 Penalties. A. Any person violating any provision of this chapter shall be guilty of a misdemeanor, and sha ll be punished by a fine not to exceed $500.00. Each day that a violation continues shall constitute a separate offense. B. In addition to the criminal penalty of subsection A. hereof, any person operating under an exemption authorized by any portion of this chapter shall be deemed to have forfeited said permit as a result of said violation. Such person shall be required to apply for a home occupation use pursuant to the provisions of section 17.17.050. Failure to apply for and obtain an administrative conditional use permit for a home occupation use pursuant to section 17.17.050 shall subject the person to the penalty specified in subsection 17.17.310.A. (Ord. 3577 § 1, 3/21/2017; Ord. 3042 § 3 (part) 1/28/2000; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2103 § 1 9, 10/18/1980) 17.17.320 Existing home occupations. A. Home occupations, other than those specifically exempted under PAMC 17.17.030, established prior to the effective date of this chapter and not having a home occupation use in accordance with the provisions of this chapter shall, within 90 days after the effective date of this chapter, initiate an administrative conditional use permit application. After the 90-day period, the home occupation shall be considered to be in violation of this chapter. B. Time extensions of administrative conditional use permits for home occupation uses lawfully established prior to the effective date of this chapter shall not be approved unless the home occupation complies fully with this chapter. (Ord. 3577 § 1, 3/21/2017; Ord. 3042 § 3 (part) 1/28/2000) January 11, 2023 Planning Commission Agenda Packet Page 64 of 161 Created: 2022-06-28 16:29:00 [EST] (Supp. No. 30) Page 58 of 150 CHAPTER 17.18 BED AND BREAKFASTS6 17.18.010 Purpose. The purpose of this chapter is to ensure that a bed and breakfast is compatible with its surrounding properties, and when located in a residential neighborhood, to preserve the residential character of the neighborhood and the surrounding residences. This chapter provides for bed and breakfasts within residential zones to be permitted through an administrative conditional use permit process. (Ord. 3577 § 1, 3/21/2017; Ord. 3123 § 9 (part), 10/11/2002; Ord. 3042 § 3 (part) 1/28/2000; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2636 § 4, 5/15/1991; Ord. 2483 § 1 (part), 3/23/1988) 17.18.020 Reserved. Editor's note(s)—Ord. 3577 § 1, adopted Mar. 21, 2017, deleted § 17.18.020 entitled, "Definitions", which derived from Ord. 3123 § 9 (part), adopted Oct. 11, 2002; Ord. 3042 § 3 (part) adopted Jan. 28, 2000; and Ord. 2483 § 1 (part), adopted Mar. 23, 1988. 17.18.030 Applicability. A bed and breakfast use in accordance with the provisions of this chapter is required for all bed and breakfasts occurring in residential zones. A bed and breakfast use shall not be required within commercial zones. A bed and breakfast use is an administrative conditional use permit as defined in PAMC 17.08.020(I). (Ord. 3577 § 1, 3/21/2017; Ord. 3123 § 9 (part), 10/11/2002; Ord. 3042 § 3 (part) 1/28/2000; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2534 § 1 (part), 5/24/1989; Ord. 2483 § 1 (part), 3/23/1988) 17.18.040 Development standards. All bed and breakfasts shall comply with the following development standards: A. All bed and breakfasts shall be located in single-familysingle-household residences and shall exhibit no outward appearance of a business or of a nonresidential nature, other than permitted signs. B. All bed and breakfast operators shall live on the premises. C. A bed and breakfast with four or fewer rooms for let shall provide parking spaces for the operator and guests. Bed and breakfasts with more than four rooms for let shall provide parking spaces for the operator, guests and employees. D. All off-street parking areas shall be screened in a manner that is compatible with and respectful of adjacent properties. E. All on-site signs shall be no more than five square feet in area, indirectly lighted, and parallel to the building façade to which they are attached unless they are freestanding in the yard. Freestanding signs cannot exceed three feet in height but may be perpendicular to the façade. The light source shall be shielded from abutting property and rights-of-way. There shall be a maximum of two freestanding signs. 6Editor's note(s)—Ord. 3577 § 1, adopted Mar. 21, 2017, changed the title of ch. 17.18 from "Bed and Breakfast Permit" to "Bed and Breakfasts." January 11, 2023 Planning Commission Agenda Packet Page 65 of 161 Created: 2022-06-28 16:29:01 [EST] (Supp. No. 30) Page 59 of 150 F. All bed and breakfasts shall comply with the applicable local and state fire and health codes. G. Bed and breakfast uses shall not be transferable to new locations. H. Size and area requirements: No. of Bdrms. to Let Min. Lot Area 0—4 7,0005,000 sq. ft. (RS-9R9, 9,000 sq. ft.) 5—8 14,000 sq. ft. (RS-9R9, 18,000 sq. ft.) 9—12 28,000 sq. ft. I. Any change in the ownership, structure, or the site plan requires a revised permit. (Ord. 3577 § 1, 3/21/2017; Ord. 3548 § 10, 1/5/2016; Ord. 3272, 2/16/2007; Ord. 3042 § 3 (part) 1/28/2000; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2666 § 2, 1/17/1992; Ord. 2534 § 1 (part), 5/24/1989; Ord. 2483 § 1 (part), 3/23/1988) 17.18.050 Application and notice procedure. A. The application for a bed and breakfast use shall be submitted on a form obtained from the Department of Community and Economic Development and shall also be signed by the owner of the property if other than the applicant. In addition to the notice procedures contained in PAMC 18.02.050, notice shall be mailed to the latest recorded real property owners within at least 300 feet of the boundary of the site as shown by the records of the County Assessor. Labels shall be provided by the applicant. B. Upon receipt of an application satisfying the requirements of this chapter, the Department of Community and Economic Development shall route it to all appropriate departments. Each City department shall submit to the Department of Community and Economic Development r ecommendations and comments regarding the application. (Ord. 3577 § 1, 3/21/2017; Ord. 3272, 2/16/2007; Ord. 3042 § 3 (part) 1/28/2000; Ord. 2483 § 1 (part), 3/23/1988) 17.18.070 Director of Community and Economic Development's decision. The Director of Community and Economic Development shall, in writing, approve, deny or approve with modifications or conditions, the application. The Director of Community and Economic Development shall attach such conditions as may be deemed necessary to ensure land use compatibility, public safety, and compliance with all standards and requirements of this chapter. Said written decision shall include findings based upon compliance with the development standards (17.18.040) and the following criteria: A. Water, sewer, power, road, police and fire, and refuse disposal must be available and adequate for the proposed use. B. The proposal should not cause detrimental effects on the surrounding residential area as a result of changes in the following elements (but not limited to just these elements): traffic, noise, activities occurring on-site, lighting, and the ability to provide utility service. C. The proposal shall be compatible with surrounding residential area because the treatment of the following aspects (but not limited to the following only) is adequate to assure compatibility: landscaping, location of structure(s), parking areas, and the residential nature of construction and/or architectural details of the structure. January 11, 2023 Planning Commission Agenda Packet Page 66 of 161 Created: 2022-06-28 16:29:01 [EST] (Supp. No. 30) Page 60 of 150 (Ord. 3272, 2/16/2007; Ord. 2911 § 4, 3/29/1996; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2796 § 9, 2/11/1994; Ord. 2483 § 1 (part), 3/23/1988) 17.18.090 Limitations. A. Once an administrative conditional use permit has been issued, it shall not be transferred to another location. B. The bed and breakfast use shall be valid only for so long as the bed and breakfast complies with the requirements of this chapter and the conditions of approval. C. Any change in the ownership requires a minor amendment in accordance with 17.96.070 PAMC. D. Any change to the structure, or the site plan requires a revised permit. E. The initial time limit for approved bed and breakfast uses shall not exceed one year, after which time extensions may be granted as provided in this chapter. (Ord. 3577 § 1, 3/21/2017; Ord. 3042 § 3 (part) 1/28/2000; Ord. 2483 § 1 (part), 3/23/1988) 17.18.091 Appeals. A. Any person aggrieved by the decision of the Director of Community and Economic Development may appeal the decision to the City Council. B. Appeals shall be submitted to the Department of Community and Economic Development in writing within 15 days following the date of the decision. C. The City Council shall conduct an open record public hearing on the appeal of the Direct or of Community and Economic Development's decision with notice being given as set forth in PAMC 17.96.140. The Council's decision shall be final unless appealed to Clallam County Superior Court in accordance with PAMC 17.96.150. (Ord. 3272, 2/16/2007; Ord. 3042 § 3 (part) 1/28/2000) 17.18.092 Extensions. A. Extensions of approved bed and breakfast uses must be submitted in writing prior to the expiration date of the original permit approval and shall be considered in accordance with the same procedures as for the original permit application. An extension may be granted for specified or unspecified time periods, provided that the following minimum criteria are met: 1. The use complies with the permit conditions; and 2. There have been no significant, adverse changes in circumstances. B. Upon receipt of a written request for extension of an approved bed and breakfast use (prior to expiration of the permit) said use shall automatically be extended for 90 days to allow the City time to review and process the request. (Ord. 3577 § 1, 3/21/2017; Ord. 3042 § 3 (part) 1/28/2000) January 11, 2023 Planning Commission Agenda Packet Page 67 of 161 Created: 2022-06-28 16:29:01 [EST] (Supp. No. 30) Page 61 of 150 17.18.100 Permit revocation. The Director of Community and Economic Development may immediately revoke, or suspend a permit, or the renewal thereof, if he finds that: A. The applicant or permittee has violated or failed to meet any of the provisions of this chapter or conditions of the permit; or B. Any required licenses have been suspended. revoked, or canceled. Upon denial, suspension or revocation, the Director of Community and Economic Development shall notify the applicant or permittee in writing of the action he has taken and the reasons therefor. After giving such notice by certified mail, if the bed and breakfast has not been removed within 30 days, the Director of Community and Economic Development, or his designee, may cause the closure of any bed and breakfast found in violation of this chapter. (Ord. 3272, 2/16/2007; Ord. 3042 § 3 (part) 1/28/2000 Ord. 2483 § 1 (part), 3/23/1988) January 11, 2023 Planning Commission Agenda Packet Page 68 of 161 Created: 2022-06-28 16:29:01 [EST] (Supp. No. 30) Page 62 of 150 CHAPTER 17.20 COMMERCIAL ZONES7 17.20.010 Chapter purpose. The purpose of this chapter is to: A. Establish the uses generally permitted in each zone which are compatible with the purpose of the zone and other uses allowed within the zone. B. Promote forms of development that reinforce and/or enhance the desired character of Port Angeles business districts. C. Promote compatibility between developments. D. Minimize environmental impacts of development. (Ord. 3688 § 32, 12/21/2021) 17.20.020 Permitted uses. A. Use Categories. 1. In order to regulate uses, categories of uses have been established. Use categories provide a systematic basis for assigning land uses to appropriate categories with other similar uses. Use categories classify land uses and activities based on common functional, product, or physical characteristics. 2. Characteristics include the type and amount of activity, the hours of operation, the type of customers or residents, how goods or services are sold or delivered, likely impact on surrounding properties, and site conditions. 3. Where a use category contains a list of included uses, the list is to be considered example uses, and not all-inclusive. The Director has the responsibility for categorizing all uses. B. Principal Uses. Allowed principal uses in commercial zones are listed in Table 17.20.020. Principal uses are grouped into categories of uses. 7Editor's note(s)—Ord. 3688 § 32, adopted Dec. 21, 2021, repealed the former Ch. 17.20, §§ 17.20.010—17.20.230, and enacted a new Ch. 17.20 as set out herein. The former Ch. 17.20 was entitled "CO - Commercial, Office," and derived from: Ord. 3577 § 1, adopted Mar. 21, 2017; Ord. 3572 § 8, adopted Dec. 20, 2016; Ord. 3343 § 7, adopted Jan. 1, 2009; Ord. 3272, adopted Feb. 16, 2007; Ord. 3180 § 1 (part), adopted Dec. 17, 2004; Ord. 3123 § 11, adopted Oct. 11, 2002; Ord. 3071 § 4 (part), adopted Dec. 15, 2000; Ord. 3007 § 5 (part), adopted Jan. 15, 1999; Ord. 2948 § 5 (part), adopted Feb. 14, 1997; Ord. 2926 § 3 (part), adopted Aug. 26, 1996; Ord. 2921 § 8, adopted June 28, 1996; Ord. 2861 § 1 (part), adopted Mar. 17, 1995; Ord. 2742 § 1, adopted Jan. 19, 1993; Ord. 2861 § 1 (part), adopted Mar. 17, 1995; Ord. 2715 § 4 (part), adopted Oct. 16, 1992; Ord. 2702 § 1, adopted Aug. 14, 1992; Ord. 2666 § 4, adopted Jan. 17, 1992; Ord. 2652 §§ 7, 8, adopted Sept. 27, 1991; Ord. 2635 § 5, adopted May 15, 1991; Ord. 2278 § 1, adopted Dec. 26, 1983; and Ord. 2109 §§ 2 —7, 9, adopted Dec. 7, 1980. January 11, 2023 Planning Commission Agenda Packet Page 69 of 161 Created: 2022-06-28 16:29:01 [EST] (Supp. No. 30) Page 63 of 150 C. Accessory Uses. Accessory uses are permitted in conjunction with a permitted principal use as determined by the Community and Economic Development Director to be compatible with the intent of this chapter. D. Temporary Uses. Temporary uses are allowed as established in PAMC 17.96.050. E. 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. F. Key to the use table. 1. Permitted Use (P). Where the letter "P" appears in the use tables, the subject use is permitted. Permitted uses are those that do not require discretionary land use approval permits, but may require building permits, shoreline permits, or other permits required by Title 14 PAMC. 2. Conditional Use (C). Where the letter "C" appears in the use tables, the subject use is allowed subject to the conditional use review procedures specified in PAMC 17.94.065. 3. Use Not Permitted ( ). Where no symbol appears in the use tables, the subject use is prohibited in that zone. 4. Special Use Limitations (X). For uses containing a subscript (X) , refer to the code reference in the right column next to the subscript (X). All applicable requirements govern a use whether or not they are cross-referenced. 5. Unclassified Uses. Where a proposed use is not classified in the use tables and sections below, the Community and Economic Development Director must apply the use provisions of a use most similar in scale and associated level of impacts. Where the Director finds that there is no such similar use, the Director must make a determination in writing on whether the use should be permitted, conditionally permitted, or prohibited, based on the following considerations: a. The purpose of the applicable zone. b. The character of uses that are designated in Table 17.20.020 as permitted, conditional and prohibited within the applicable zone. c. The scale and type of the use and buildings compared to other permitted uses in the zone. d. The amount, type, and pattern of vehicular traffic anticipated for the use. e. The expected outdoor uses and activities associated with the use. f. The expected noises, odors, emissions, and unique visual impacts associated with the use. Table 17.20.020 Principal uses permitted in commercial zones Principal Use CBD CA CSD CN CO Condition/Reference Dwelling Units Single-household dwelling Existing single-household dwelling (as of the adoption date of this ordinance) P P P P Ground Floor Residential P (x) (x) Must meet block frontage standards and be located in space without a commercial tenant for 12 consecutive months. Accessory dwelling unit P P P P PAMC 17.21.020 Commercial Caretaker Unit P P P P P PAMC 17.21.XXX January 11, 2023 Planning Commission Agenda Packet Page 70 of 161 Created: 2022-06-28 16:29:01 [EST] (Supp. No. 30) Page 64 of 150 Cottage housing P (X) P (X) P (X) P (X) Only on lots that do not front on Mixed block frontages (see PAMC 17.22.110). PAMC 17.21.030 Duplex P (X) P (X) P (X) P PAMC 17.21.040 (X) Only on lots that do not front on Mixed block frontages (see PAMC 17.22.110). Townhouse P P P P (X) (X) Maximum 6 attached units PAMC 17.21.050 Multi-family P P P P P Chapter 17.22 PAMC Supportive Housing Permanent supportive housing C C P P C Must be designed as one of the dwelling unit types permitted in the zone. Transitional housing P P P C C Must be designed as one of the dwelling unit types permitted in the zone. Emergency housing P P C C C Emergency shelter P P C C C Group Living Adult family home P P P P P Must be designed as one of the dwelling unit types permitted in the zone. Assisted living facility P P P Nursing home P P P Hospice C Child Care Child care provider P P P P P Child care facility P P P P P Civic Clubs and lodges P P C C Conference centers P P Libraries, community centers, museums, aquariums P P P P C Fire stations C C C C Public parks and recreation facilities P P P P P Utility buildings and structures P C C C Industrial Artisan manufacturing P (X) P P P (X) When located on the ground floor, a January 11, 2023 Planning Commission Agenda Packet Page 71 of 161 Created: 2022-06-28 16:29:01 [EST] (Supp. No. 30) Page 65 of 150 high volume pedestrian-oriented use adjoining the building's entrance on a street is required (X) Maximum 3,500 gross square feet, except for breweries and distilleries Impound yards PAMC 17.94.040 Cold storage lockers P C C Salvage and recycling C PAMC 17.94.040 Self-service storage Warehousing Medical Chemical dependency treatment and detoxification centers P P Hospital P Medical offices and laboratories P P P P P Office Professional, business, and media offices P P P P P Private educational services P P P P C Overnight Lodging Bed and breakfasts P P P P P Hotels, motels, and hostels P P C C C Short-term rental P P P P C Recreation Indoor recreation P P Indoor theater P P Recreational camps Retail and Restaurants Art gallery P P P P C Food and beverage establishments P P (X) P (X) P For sidewalk cafes, see Street Use Ordinance No. 2229 as amended by 2350 (X) Conditional when an alley that provides customer access abuts residentially zoned property. Boat sales C Retail sales (by net floor area) Applies to individual business establishments. <10,000 square feet NFA P P P P 10,000—49,999 square feet NFA P P P 50,000—100,000 square P C (X) (X) CUP not required for building January 11, 2023 Planning Commission Agenda Packet Page 72 of 161 Created: 2022-06-28 16:29:01 [EST] (Supp. No. 30) Page 66 of 150 feet NFA additions of up to 10% of existing net floor area. >100,000 square feet NFA P Retail sales, heavy P (X) (X) Conditional when over 100,000 square feet net floor area PAMC 17.94.040 Vehicle sales P Service Animal care P P P P P PAMC 17.20.030(A) Consumer goods services P P P P Funeral homes and mortuaries P C C C Personal care services P P (X) P P P (X) Massage parlors, saunas and steam baths are conditional Transportation Services Automotive service and repair P (X) (X) Auto body and paint shops and auto engine repair shops are conditional. Car wash P C C Ferry, seaplane, and helicopter facilities P P Fuel station P P C (X) (X) Must be accessory to a convenience or grocery store Transit center P P P Parking lots and garages (as a principal use) P (X) P P P P (X) Structured parking garages only Vehicle rental P Vessel moorage, marinas, and research vessels P (X) (X) Boat service facilities are a conditional use (Ord. 3688 § 32, 12/21/2021) 17.20.030 Supplemental use standards. A. Animal care. 1. No burning of refuse or dead animals is allowed. 2. Only house pets (as defined by Chapter 17.08 PAMC) are allowed on the premises. Also see the animal keeping provisions of Title 7 PAMC. 3. The portion of the building or structure in which animals are kept or treated must be mechanically ventilated and soundproofed. 4. Prior to issuance of a building permit, documentation must be provided by a qualified acoustical consultant, for approval by the Director, verifying that the expected noise to be emanating from the use complies with the standards set forth in WAC 173-60-040 for a Class B source property and a Class A receiving property. January 11, 2023 Planning Commission Agenda Packet Page 73 of 161 Created: 2022-06-28 16:29:01 [EST] (Supp. No. 30) Page 67 of 150 5. Outdoor area standards. a. All outdoor exercise areas and runs must be fenced for the safe confinement of animals. b. A minimum of 15 feet wide Type A landscaping must be established along any outside areas used to exercise or walk animals that abuts a ground floor residential use. c. No animal may be outdoors between the hours of 11:00 p.m. and 6:00 a.m. except for relieving bodily functions. (Ord. 3688 § 32, 12/21/2021) 17.20.040 Dimensional standards. Table 17.20.040 Commercial zone dimensional standards Standard CBD CA CSD CN CO Condition/Reference Lot Dimensions Minimum lot area (square feet) 0 (X) 0 (X) 0 (X) 5,000 3,000 (X) All newly created lots must have a minimum area adequate to provide for required setbacks and parking. See PAMC 17.21.050 for townhouse standards. Minimum lot width (feet) 50 50 50 40 See PAMC 17.21.050 for townhouse standards. Maximum site coverage (percent) 80 (X) 80 (X) 80 (X) 75 (X) (X) Where stormwater runoff from structures, driveways, sidewalks, patios, and other surfaces is managed on-site per the requirements of the Port Angeles Urban Services Standards and Guidelines Manual Chapter 5, the project is exempt from the site coverage limit (see PAMC 17.94.135 for more information). Building Height (feet) Maximum building height, base 75 55 45 40 45 Maximum building height, bonus 65 65 PAMC 17.20.070 Minimum building height 3 stories Does not apply to civic or over-water uses, accessory retail structures less than 2,000 square feet, or existing buildings Setbacks (feet) Front setback, minimum 0 0 0 0 15 See Chapter 17.22 PAMC, Article II Block Frontage Standards, for other January 11, 2023 Planning Commission Agenda Packet Page 74 of 161 Created: 2022-06-28 16:29:02 [EST] (Supp. No. 30) Page 68 of 150 front setback requirements. PAMC 17.94.120 Front setback, garage or carport entrance, minimum 0 0 0 0 20 Applies only to private residential garages and carports Side street setback, minimum 0 0 0 0 5 Interior side setback, minimum 0—15 (X) 0— 15 (Y) 0— 15 (Y) 0— 15 (Y) 5— 15 (Z) See PAMC 17.22.210 for side and rear yard setback options and standards (X) 10' when abutting a residential zone (Y) 15' when abutting a residential zone (Z) Townhouses are exempt from side setback standards internal to a development. However, townhouse must meet applicable side setback standards for adjacent lots outside of the development. Rear setback, minimum 0—15 (X) 0— 15 (Y) 0— 15 (X) (Y) 15 15 See PAMC 17.22.210 for side and rear yard setback options and standards (X) Loading structures must be 15' from any alley (Y) 15' when abutting an alley or residential zone Detached Accessory Structure Requirements Minimum rear setback 0 (X) 0 (X) 0 (X) 0 (X) 5 (X) 15' from any alley or adjacent residential zone Minimum side setback for accessory structures in the rear one-third of the lot 0 (X) 0 (X) 0 (X) 0 (X) 5 (X) 15' from any alley or adjacent residential zone Maximum building height Not to exceed the primary structure building height Maximum building footprint Not to exceed the primary structure building footprint (Ord. 3688 § 32, 12/21/2021) January 11, 2023 Planning Commission Agenda Packet Page 75 of 161 Created: 2022-06-28 16:29:02 [EST] (Supp. No. 30) Page 69 of 150 17.20.050 Measurements and exceptions. See Chapter 17.94 PAMC for the following provisions: A. Minimum lot area reduction and exceptions. B. Exception to minimum side yard setback. C. Permitted intrusions into required yards. D. Lot coverage exemptions. E. Exceptions to height requirement. F. Other deviations, exceptions, variances, and adjustments. (Ord. 3688 § 32, 12/21/2021) 17.20.060 Other standards. A. Signs. Signs must comply with Chapter 14.36 PAMC. B. Off-street parking. See Chapter 14.40 PAMC. C. Design standards. Commercial and multi-family development must comply with Chapter 17.22 PAMC. D. Landscaping. See PAMC 17.22, Article V Landscaping Standards. (Ord. 3688 § 32, 12/21/2021) 17.20.070 Building height bonus standards A. Purpose. To offer flexibility to allowable height in strategic zones in exchange for affordable forms of housing or a greater diversity of unit sizes. B. Applicability. 1. The provisions of this section are optional. 2. The bonus incentive provisions of this chapter apply to zones with height bonuses established in PAMC 17.20.040. C. Bonus options. Developments meeting one of the following incentives standards qualify for the maximum height with bonus as set forth in Table 17.20.040. 1. Participation in the 12-year affordable option of the Property Tax Exemptions for Multi-Family Housing program (Chapter 17.46 PAMC). 2. At least 25 percent of the total dwelling units contain 600 square feet or less of gross floor area. 3. At least ten percent of the total dwelling units contain three or more bedrooms. D. Recording. Prior to building permit issuance, a building height bonus agreement in a form approved by the Director and City Attorney must be recorded with the Clallam County Auditor's office as a covenant running with the land and binding on the applicant, property owner, assigns, heirs, and successors. (Ord. 3688 § 32, 12/21/2021) January 11, 2023 Planning Commission Agenda Packet Page 76 of 161 Created: 2022-06-28 16:29:02 [EST] (Supp. No. 30) Page 70 of 150 CHAPTER 17.21 RESIDENTIAL INFILL DESIGN STANDARDS8 17.21.010 Small lot single-household. A. Applicability. The standards herein apply to all single househo ld dwellings on a lots less than 5,000 square feet in area created after December 21, 2021. B. Purpose. 1. To provide opportunities for creative, diverse, and high-quality infill development that is compatible with existing neighborhoods. 2. To promote housing affordability and greater choice by encouraging smaller and more diverse home sizes in accordance with the Port Angeles Comprehensive Plan. 3. To support more efficient use of urban residential land. 4. To provide usable open space for residents. 5. To de-emphasize garages and driveways as major visual elements along the street. 6. To promote architectural variety that adds visual interest to the street and neighborhood. Figure 17.21.010(B) Small lot single-household examples 8Editor's note(s)—Ord. 3688 § 33, adopted Dec. 21, 2021, repealed the former Ch. 17.21, §§ 17.21.010—17.21.230, and enacted a new Ch. 17.21 as set out herein. The former Ch. 17.21 was entitled "CN - Commercial, Neighborhood," and derived from: Ord. 3643 § 1, adopted Nov. 6, 2019; Ord. 3577 § 1, adopted Mar. 21, 2017; Ord. 3572 § 9, adopted Dec. 20, 2016; Ord. 3548 § 12, adopted Jan. 5, 2016; Ord. 3390 § 5, adopted Jan. 30, 2010; Ord. 3343 § 8, adopted Jan. 1, 2009; Ord. 3332 § 3, adopted Apr. 25, 2008; Ord. 3272, adopted Feb. 16, 2007; Ord. 3180 § 1 (part), adopted Dec. 17, 2004; Ord. 3155 §§ 8, 9, adopted Jan. 30, 2004; Ord. 3123 § 12, adopted Oct. 11, 2002; Ord. 3071 § 4 (part), adopted Dec. 15, 2000; Ord. 3042 § 3 (part) adopted Jan. 28, 2000; Ord. 3007 § 5 (part), adopted Jan. 15, 1999; Ord. 2948 § 5 (part), adopted Feb. 14, 1997; Ord. 2921 § 9, adopted June 28, 1996; Ord. 2861 § 1 (part), adopted Mar. 17, 1995; Ord. 2797 § 3, adopted Feb. 11, 1994; and Ord. 2797 § 3, adopted Feb. 11, 1994. January 11, 2023 Planning Commission Agenda Packet Page 77 of 161 Created: 2022-06-28 16:29:02 [EST] (Supp. No. 30) Page 71 of 150 C. Driveway access and garage standards. 1. All garages and on-site parking must be accessible from the alley (see PAMC 14.40.045 for parking reduction tools). 2. For individual garage or carport units facing an alley, driveways must be designed to prevent parked cars from protruding into alleys. Such driveways must be either less than five feet long or longer than 20 feet, measured along the centerline of the driveway. D. Entry standards. 1. For new dwellings, the façade facing the street must be designed as the front of the dwelling with a primary building entrance and a covered pedestrian entry, such as a covered porch or recessed entry, with minimum weather protection of three feet by three feet. 2. Clear and obvious pedestrian access between the sidewalk the building entry is required for new dwellings. Figure 17.21.010(D) Small lot entry configuration examples January 11, 2023 Planning Commission Agenda Packet Page 78 of 161 Created: 2022-06-28 16:29:02 [EST] (Supp. No. 30) Page 72 of 150 E. Minimum useable open space standards. 1. Every lot must provide a useable open space equivalent to at least ten percent of the lot area at the side or rear of the dwelling, with a minimum dimension of 15 feet on all sides of the useable open space. For example, a 3,500 square feet lot would require a contiguous open space of at least 350 square feet. Porches and patios may be used to fulfill this requirement provided they are part of an open space that meets the minimum dimension requirement. 2. If the rear edge of the usable open space is within five feet of an alley, any fence between the rear edge and the alley must be limited to four feet in height except where the portion of the fence between four and six feet in height is at least 50 percent transparent. 3. Driveways do not count in the calculations for usable open space. 4. LID stormwater BMPs, like rain gardens, may be integrated in up to 25 percent of the minimum required usable open space area. 5. Additions must not create or increase any nonconformity with this standard. Figure 17.21.010(E) Small lot open space examples Acceptable Example Open space in the rear of a small lot integrating a 10'x10' porch and a walkway to an alley-facing detached garage. January 11, 2023 Planning Commission Agenda Packet Page 79 of 161 Created: 2022-06-28 16:29:02 [EST] (Supp. No. 30) Page 73 of 150 Unacceptable Example Open space surrounded by this fence is both too narrow and awkwardly located to be useable. F. Tree standards. Trees must be integrated into new, small lot single-household developments at the time of occupancy at the rate one tree per lot. 1. Trees may be either coniferous or deciduous. 2. Required trees must not be located in public right-of-way (see Chapter 11.13 PAMC for street tree standards). 3. See PAMC 17.22, Article V Landscaping Standards, for related landscaping plans, installation, and maintenance standards. (Ord. 3688 § 33, 12/21/2021) 17.21.020 Accessory dwelling unit (ADU). A. Purpose. The purpose of an accessory dwelling unit is to: 1. Add affordable units to existing housing and make housing units available to people who might otherwise have difficulty finding homes within the City. 2. Promote the development of additional housing options in residential neighborhoods that are appropriate for people at a variety of stages of their lives. 3. Provide homeowners with a means of obtaining, through tenants in either the accessory dwelling unit or the principal residence, rental income, companionship, or security. 4. Protect neighborhood stability, property values, and the character of the neighborhood. B. Standards. An ADU, in any zone, must comply with the following development standards: 1. Configuration. An ADU may be located either within, attached to, or detached from a primary structure housing a primary single-household dwelling or duplex. 2. Density. Only one ADU may be created in conjunction with each single-household dwelling or duplex. The ADU must be located on the same zoning lot as the primary structure. Accessory housing which conforms to the standards in this chapter shall not be considered to exceed the allowable density for the lot upon which it is located and shall be considered a residential use January 11, 2023 Planning Commission Agenda Packet Page 80 of 161 Created: 2022-06-28 16:29:02 [EST] (Supp. No. 30) Page 74 of 150 which is consistent with the comprehensive plan and zoning designation for the lot.single- household dwelling. 3. Minimum lot size. An ADU must not be established on any parcel smaller than 3,500 square feet. 4. Maximum unit size. The ADU must not exceed 50 percent of the average gross floor area of all other dwelling units on the lotgross floor area of the primary single-household dwelling, not including a detached garage and/or a detached accessory building, or 600 square feet, whichever is larger. The unit may not be more than one bedroom. 5. Setbacks, height, and site coverage. ADUs must comply with all dimensional standards including the site coverage, height, and setback requirements of the zone. 6. Scale and visual subordination. The ADU must be visually subordinate to the primary unit. If the ADU is located within an existing residence, there can only be one main entrance located on the primary street-facing facade of the single-familysingle-household residential structure, unless the residence contained additional entrances before the ADU was proposed. Detached ADU's and entrances that do not have access from the ground, such as an entrance from a balcony or deck, are exempt from this standard. 7. Parking. The off-street parking requirements set forth in Chapter 14.40 must be provided and maintained for the primary dwelling. No additional parking is required for an ADU. 8. Addressing. A separate address must be created for the ADU: Figure 17.21.020(A) Detached accessory dwelling unit examples (Ord. 3688 § 33, 12/21/2021) 17.21.XXX – Commercial caretaker unit in commercial and industrial zones (CCU). A. Purpose. The purpose of a commercial caretaker unit is to: 1. Promote the development of limited housing options in commercial and industrial areas that are otherwise prohibitive of residential development. 2. Provide housing for an owner/proprietor, employee, or other on -site security or operations personnel of a commercial/industrial property where no residential dwelling units exist. B. Standards. A CCU must comply with the following development standards: 1. Configuration. An CCU may be located either within, attached to, or detached from a primary structure housing a commercial or industrial use. To ensure CCUs do not constitute an encroachment into commercial areas or otherwise compete with commercial or industrial developments for limited commercial or industrially zoned land, CCUs shall only be located above the first floor or to the rear of commercial or industrial buildings. January 11, 2023 Planning Commission Agenda Packet Page 81 of 161 Created: 2022-06-28 16:29:02 [EST] (Supp. No. 30) Page 75 of 150 2. Density. Only one CCU may be created in conjunction with each commercial or industrial enterprise. A CCU which conforms to the standards in this chapter shall not be required to meet minimum residential d ensity standards for the lot upon which it is located and shall be considered an accessory use which is consistent with the comprehensive plan and zoning designation for the lot. 3. Maximum unit size. The CCU must not exceed 1,250 square feet unless approv ed through an administrative conditional use permit process. 4. Setbacks, height, and site coverage. CCUs must comply with all dimensional standards including the site coverage, height, and setback requirements of the zone. 5. Parking. The off-street parking requirements set forth in Chapter 14.40 must be provided and maintained for the primary use of the parcel. No additional parking is required for an CCU. 6. Addressing. A separate address must be created for the CCU. 7. Occupancy. CCUs shall be reserved for individuals employed on site at the commercial/industrial use the CCU is subordinate to. 8. Applicability. CCUs shall be permitted on all lots within commercial and industrial zones where an approved commercial or industrial use is operating. In all other circumstances, CCUs may be administratively approved as a conditional use permit. 17.21.030 Cottage housing. A. Applicability. The standards herein apply to all cottage housing developments. B. Purpose. 1. Provide opportunities for creative, diverse and high-quality infill development that is compatible with existing neighborhoods. 2. Promote housing affordability and greater choice by encouraging smaller and more diverse home sizes in accordance with the Port Angeles Comprehensive Plan. 3. Support compatibility with existing neighborhoods by promoting high -quality design. 4. Support more efficient use of urban residential land. 5. Enhance the character of the residential neighborhood. 6. Provide usable open space for residents. 7. Support protection of environmentally sensitive area amenities: Figure 17.21.030(B)(1) Cottage housing example with key standards January 11, 2023 Planning Commission Agenda Packet Page 82 of 161 Created: 2022-06-28 16:29:03 [EST] (Supp. No. 30) Page 76 of 150 Figure 17.21.030(B)(2) Cottage housing site plan example January 11, 2023 Planning Commission Agenda Packet Page 83 of 161 Created: 2022-06-28 16:29:03 [EST] (Supp. No. 30) Page 77 of 150 C. Lot size standard. Cottages are exempt from minimum lot area and lot width standards, provided they comply with density and design standards herein. D. Density standard. Due to the smaller relative size of cottage units, each cottage may be counted as one- third a dwelling unit for the purpose of calculating density. For example, a cluster of six cottages would be equivalent to two dwelling units. E. Minimum and maximum number of cottages. 1. Cottage housing developments must contain a minimum of three cottages. 2. Three to 12 cottage structures may make up a cluster. There is no limit on the number of clusters provided all other standards are met. 3. In the R7, RMD, and RHD zones, attached duplex cottages are allowed. 4. Accessory dwelling units are not permitted in cottage housing developments, except as provided in subsection (K) below. F. Setbacks and separation standards. 1. The minimum setbacks set forth in Chapters 17.10 through 17.20 PAMC apply to the development frontage and external side and rear property lines of the entire cottage development. 2. Individual cottages buildings must be separated from each other by at least six feet. Permitted projections into required side setbacks in the zoning chapters (Chapters 17.10 through 17.20 PAMC) apply. 3. Cottages must be setback at least five feet from any internal walkway. Permitted projections into required front setbacks also apply. 4. Cottages must be setback at least ten feet from any shared access drives that provide access to four or more cottages. For access lanes serving less than four cottages, at least five feet of separation is required between access lanes and cottages. Permitted projections into required front setbacks also apply for setbacks to shared access drives (see PAMC 17.94.120). G. Building height standards. 1. Cottages have a maximum building height of 25 feet. All parts of the roof above 18 feet must be pitched with a minimum roof slope of 6:12. 2. The height of accessory structures in cottage housing developments is limited as prescribed in the underlying zone. H. Cottage size standards. Cottages must contain no more than 1,200 square feet gross floor area, not including attached garages. I. Entry and porch standards. 1. Clear and obvious pedestrian access between the sidewalk and the building entry is required for new dwellings. 2. Porches. Cottage façades facing the common open space or common internal walkway must feature a roofed porch at least 70 square feet in size with a minimum dimension of seven feet on any side. The required porch does not count as private open space for the size or dimension requirements of subsection (L)(1). Cottages facing a street must also provide a separate entry facing the street which is covered with minimum weather protection of three feet by three feet. January 11, 2023 Planning Commission Agenda Packet Page 84 of 161 Created: 2022-06-28 16:29:03 [EST] (Supp. No. 30) Page 78 of 150 J. Façade transparency standards. Transparent windows and/or doors are required on at least eight percent of façades featuring the primary entrance and facing streets and common open spaces. For corner lots, this standard is only applied to the building elevation containing the primary entrance. K. Common open space standards. 1. Minimum size. Common open space must be at least 400 square feet per cottage. 2. Minimum dimensions. Common open space must have no dimension less than 15 feet. Areas used to meet private open space requirements [see subsection (L) below] may not be double- counted as common open space. 3. Elements. Common open space may include a lawn, courtyard, plaza, garden, or other shared central open space and may not include parking areas. Common open space must be useable and may not include critical areas or critical area buffers, including steep slopes. LID stormwater BMPs, like rain gardens, may be integrated in up to 25 percent of the minimum required usable open space area. 4. Orientation. Common open space must have cottages abutting on at least two sides. At least 50 percent of the cottages in each cottage housing cluster must abut common open space. Cottages abutting the common open space must be oriented around and have the primary entr ance face the common open space. 5. Access. Cottages must be within 100 feet walking distance of the common open space and feature a direct pedestrian connection to the common open space. L. Shared community buildings standards. 1. A shared community building may be integrated into the common open space area required in subsection (J) above but must not be included in the minimum common open space area calculations. 2. Non-residential use. A shared community building may include uses such as, but not limited to, a multi-purpose entertainment space, recreation center, kitchen, library, storage space, workshop, or similar amenities that promote shared use and a sense of community. Commercial uses other than child care are prohibited. 3. Residential use. A shared community building may contain one attached accessory dwelling unit (see PAMC 17.21.020). 4. Height. Shared community buildings have a maximum building height of 25 feet. All parts of the roof above 18 feet must be pitched with a minimum roof slope of 6:12. 5. Size. Shared community buildings have a maximum ground floor footprint of 1,200 square feet. 6. Other standards. Except for the height and size exceptions identified in subsections (L.4 and L.5) above, shared community buildings are subject to the accessory structure standards in the zoning Chapters (17.10 through 17.20). M. Private open space standards. 1. Minimum size. The minimum private open space adjacent to each cottage must be at least 200 square feet with no dimension less than ten feet. 2. Access. The private open space must have direct access from the cottage via a door or porch. 3. Location. The private open space is encouraged to be located between the cottage and the common open space. January 11, 2023 Planning Commission Agenda Packet Page 85 of 161 Created: 2022-06-28 16:29:03 [EST] (Supp. No. 30) Page 79 of 150 4. Private open space must be useable and may not include critical areas or critical area buffers, including steep slopes. N. Access and parking standards. 1. Driveway and access requirements are in PAMC 17.22.240. 2. Off-street parking standards are set forth in Chapter 14.40 PAMC. 3. Parking areas must be located to the side or rear of cottage clusters. Parking must not be located between the street and cottages nor between cottages and common open space. 4. Parking and access lanes must be screened from adjacent residential uses by landscaping or architectural screens. For parking areas and access abutting residential uses, at least five feet of Type A, B, or C landscaping (see Chapter 17.22 PAMC, Article V, Landscaping Standards) must be provided between the parking area and the abutting residential use. 5. Parking is encouraged to be consolidated under cover. Uncovered parking must be located in clusters of not more than five adjoining spaces (except where adjacent to an alley). Driveway space in front of private garages are exempt from this provision. 6. Garages with a footprint of up to 300 square feet may be attached to individual cottages provided all other standards herein are met. Such garages do not count toward the size limit of cottages. Such garages must not be located adjacent to the common open spaces. O. Landscaping standards. Cottages in the RMD and RHD zones must meet the frontage requirements of PAMC 17.22.435. P. Tree standards. Trees must be integrated into cottage developments at the time of occupancy at the rate one tree per cottage unit. 1. Trees may be either coniferous or deciduous. 2. Required trees must not be located in public right-of-way (see Chapter 11.13 PAMC for street tree standards). 3. See PAMC 17.22, Article V, Landscaping Standards, for related landscaping plans, installation, and maintenance standards. (Ord. 3688 § 33, 12/21/2021) 17.21.040 Duplex. A. Applicability. The standards herein apply to all duplex development within the City unless otherwise noted herein. B. Purpose. 1. To provide opportunities for creative, diverse, and high-quality infill development that is compatible with existing neighborhoods. 2. To promote housing affordability and greater choice by encouraging smaller and more diverse home sizes in accordance with the Port Angeles Comprehensive Plan. 3. To support more efficient use of urban residential land. 4. To provide usable open space for residents. 5. To de-emphasize garages and driveways as major visual elements along the street. January 11, 2023 Planning Commission Agenda Packet Page 86 of 161 Created: 2022-06-28 16:29:03 [EST] (Supp. No. 30) Page 80 of 150 6. To promote architectural variety that adds visual interest to the street and neighborhood. C. Driveway access and garage standards. 1. Where duplexes are on lots served by alleys, all new garages and on-site parking must be accessible from the alley. 2. When no alleys are present or alley access is not feasible due to extreme topography, the following standards apply: a. Side- and rear-facing parking areas and garages are encouraged. b. When located on a corner lot, both streets must be utilized for vehicle access. If one street is classified as a collector or arterial, only the side street must be utilized for vehicle access. Driveways must be located as far from the street corner as feasible. 3. Street-facing driveways for duplexes are limited to: a. One 20-feet wide (maximum) driveway; or b. Two 12-feet wide (maximum) driveways provided the driveways are spaced at least 20 feet apart. Single-household to duplex conversions and duplex remodels and additions may not increase any non-conformity with the standards herein. 4. No more than 50 percent of any ground floor façade may be occupied by a garage, and detached garages and all carports must not protrude beyond the front building façade. This limit may be increased to a maximum of 65 percent provided at least three of the following design details are utilized: a. A decorative trellis over at least the entire width of the garage door(s). b. A window or windows placed above the garage on a second story or attic wall. c. A balcony that extends out over the driveway. d. Utilizing all single-vehicle garage doors as an alternative to wider garage doors suitable for two-car garages. e. Windows in the garage door. f. Decorative details on the garage door. Standard squares on a garage door will not qualify as a decorative detail [see Figure 17.21.040(D)(4)(b)]. Single-household to duplex conversions and duplex remodels and additions may not increase an y non-conformity with the standards herein. Figure 17.21.040(C)(4)(a) Acceptable and unacceptable examples of duplex driveway/garage configurations January 11, 2023 Planning Commission Agenda Packet Page 87 of 161 Created: 2022-06-28 16:29:03 [EST] (Supp. No. 30) Page 81 of 150 Left: Single driveways wider than 20 feet facing the street are not allowed. Right: Example of two separated driveways each less than 12 feet wide. Figure 17.21.040(C)(4)(b) Acceptable and unacceptable examples of duplex garage door decorative details Left: Standard squares on a garage door that do not qualify as a decorative detail. January 11, 2023 Planning Commission Agenda Packet Page 88 of 161 Created: 2022-06-28 16:29:03 [EST] (Supp. No. 30) Page 82 of 150 Right: Hardware and pattern on a garage door that do qualify as a decorative detail. D. Entry standards. 1. For new duplex developments, the façade facing the street must be designed as the front of the dwelling with a primary building entrance and a covered pedestrian entry, such a covered porch or recessed entry, with minimum weather protection of three feet by three feet. 2. Clear and obvious pedestrian access between the sidewalk and the building entry is required for new dwellings. E. Minimum useable open space standards. The provisions herein are only required for new duplexes and not required for single household to duplex conversions and remodels to existing duplexes. 1. All new duplex developments must provide usable open space with a collective size equal to ten percent of the lot area, with a minimum dimension of 15 feet on all sides. For example, an 8,000 square feet lot would require at least 800 square feet of usable open space. Usable open space may be a single large space or separate spaces. 2. Where the usable open space is located within a front yard setback, the open space must be defined with a fence, hedge, or wall between 18 and 36 inches tall (meeting the standards of PAMC 17.94.140 and the sight obstruction height limits of the Port Angeles Urban Services Standards and Guidelines Manual when near an intersection). See Figure 17.21.040(D) for an example. 3. If the rear edge of the usable open space is within five feet of an alley, any fence between the rear edge and the alley must be limited to four feet in height, except where the portion of the fence between four and six feet in height is at least 50 p ercent transparent. 4. Unenclosed decks, porches, patios, and entries may be used as a part of the usable open space, provided they are a part of a space that meets the standards herein. 5. LID stormwater BMPs, like rain gardens, may be integrated in up to 25 percent of the minimum required usable open space area. 6. Driveways do not count in the calculations for usable open space. 7. Additions must not create or increase any nonconformity with this standard. Figure 17.21.040(E) Example of integrating a duplex's minimum usable open space January 11, 2023 Planning Commission Agenda Packet Page 89 of 161 Created: 2022-06-28 16:29:03 [EST] (Supp. No. 30) Page 83 of 150 Left: Integrating minimum useable open space into the front yard of a duplex. Right: Useable open space in the side yard of a duplex. F. Tree standards. Trees must be integrated into new duplex developments at the time of occupancy at the rate one tree per duplex unit (two trees per duplex building). The subject trees are not required for single household to duplex conversions. 1. Trees may be either coniferous or deciduous. 2. Required trees must not be located in public right-of-way (see Chapter 11.13 PAMC for street tree standards). 3. See PAMC 17.22, Article V, Landscaping Standards, for related landscaping plans, installation, and maintenance standards. (Ord. 3688 § 33, 12/21/2021) 17.21.050 Townhouse. A. Applicability. The standards herein apply to all townhouse developments. B. Purpose. 1. To provide opportunities for creative, diverse, and high-quality infill development that is compatible with existing neighborhoods. 2. To promote housing affordability and greater choice by encouraging smaller and more diverse home sizes in accordance with the Port Angeles Comprehensive Plan. 3. To support more efficient use of urban residential land. 4. To provide usable open space for residents. 5. To de-emphasize garages and driveways as major visual elements along the street. 6. To reduce the apparent bulk and scale of large townhouse buildings. 7. To promote architectural variety that adds visual interest to the street and neighborhood. C. Dimensional standards for townhouses are modified from the zone-based standards elsewhere in this title, as listed in Table 17.21.050. Table 17.21.050(C) Townhouse dimensional standards Standard Modification Lot size Applies to the entire townhouse development, not individual units and lots Lot width No minimum Interior side setback 0 feet between individual townhouse units All other setbacks Applies to the entire townhouse development, not individual units and lots Site coverage Applies to the entire townhouse development, not individual units and lots January 11, 2023 Planning Commission Agenda Packet Page 90 of 161 Created: 2022-06-28 16:29:05 [EST] (Supp. No. 30) Page 84 of 150 D. Driveway access and garage standards. 1. Where townhouses are on lots served by alleys, all garages and on-site parking must be accessible from the alley. 2. Where no alley is present or alley access is not feasible due to extreme topography, townhouse buildings with two units must comply with the duplex driveway standards of PAMC 17.21.040(B). 3. Where no alley is present or alley access is not feasible due to extreme topography, townhouse buildings with three or more units must use one of the following methods: a. Method A. Provide a shared access drive to garages in the rear meeting the following requirements: i. Shared driveways have a maximum width of 20 feet and must meet turning radii and other standards of the City-adopted International Fire Code. ii. Minimum building separation along internal drive aisles must be 24 feet. Projections into this minimum building separation standard are permitted for each building consistent with the interior side setback projections referenced in PAMC 17.94.120. The purpose is to provide adequate vehicular turning radius, allow for landscaping elements on at least one side, and provide adequate light and air on both sides of the dwelling units and vehicle areas, which often function as usable open space for residents. b. Method B. Provide individual garages and driveways access from a local street meeting the following standards: i. Individual garages and driveways are no wider than 12 feet and driveways have a minimum length of 20 feet. ii. The driveway is no more than 50 percent of the width of the townhouse unit (for example, a 12-foot wide driveway requires a minimum 24-foot wide townhouse unit). Figure 17.21.050(D) Townhouse development examples using rear vehicular access E. Entry standards. January 11, 2023 Planning Commission Agenda Packet Page 91 of 161 Created: 2022-06-28 16:29:05 [EST] (Supp. No. 30) Page 85 of 150 1. The façade facing the street must be designed as the front of the dwelling with a primary building entrance and a covered pedestrian entry, such as a covered porch or recessed entry, with minimum weather protection of three feet by three feet. 2. Clear and obvious pedestrian access between the sidewalk and the townhouse entry is required. 3. For townhouses where pedestrian access is provided from an alley or private internal vehicular access, buildings must emphasize individual pedestrian entrances over private garages by using both of the following measures: a. Enhance entries with a trellis, small porch, or other architectural features that provide cover for a person entering the unit and a transitional space between outside and inside the dwelling. b. Provide a planted area in front of each pedestrian entry of at least 20 square feet in area, with no dimension less than four feet. Alternative designs will be considered, provided they meet the purpose of the standards. Figure 17.21.050(E) Acceptable and unacceptable examples of townhouse entry configurations from alleys or private internal vehicular access The left example features a landscaped area and a trellis to highlight the entry. In the middle image, the balconies and landscaped areas de-emphasize the garage. In the right image, the lack of landscaping near the entries would not be allowed (where this is the primary pedestrian entry to the unit). F. Minimum useable open space standards. Townhouse dwelling units must provide open space at least equal to ten percent of the gross floor area. The required open space may be provided by one or more of the following: 1. Private ground level open space that is directly adjacent and accessible to d welling units. Such space must have minimum dimensions of at least ten feet on all sides. Street setbacks may be used to meet this standard, provided they are defined with a fence (meeting standards of PAMC 17.94.140). 2. Balconies, roof decks, or porches. 3. Shared open space that meets the design requirements of PAMC 17.22.220, provided such space is visible and directly accessible to townhouse dwelling units. 4. LID stormwater BMPs, like rain gardens, may be integrated in up to 25 percent of the minimum required usable open space area. January 11, 2023 Planning Commission Agenda Packet Page 92 of 161 Created: 2022-06-28 16:29:05 [EST] (Supp. No. 30) Page 86 of 150 Individual private open spaces for one unit that exceed the open space standards may not be used to help meet the open space standards for other dwelling units. Shared open spaces that meet the standards of subsection (E)(3) of this section, however, may be used to supplement private open spaces meeting subsections (E)(1) and (E)(2) of this section to help dwelling units meet the usable open space standards herein. Figure 17.21.050(F) Townhouse open space location and examples Illustrating optional locations for integrating usable open space, including front yard (left), rooftop deck (center), and balcony (right). Left: Townhouses with private ground level open space and balconies. Right: Townhouse roof deck. G. Building articulation. Townhouse buildings must meet the façade articulation standards for multi-family buildings as set forth in PAMC 17.22.320(C). (Ord. 3688 § 33, 12/21/2021) January 11, 2023 Planning Commission Agenda Packet Page 93 of 161 Created: 2022-06-28 16:29:05 [EST] (Supp. No. 30) Page 87 of 150 CHAPTER 17.22 COMMERCIAL AND MULTI-FAMILY DESIGN STANDARDS9 ARTICLE II. BLOCK FRONTAGE STANDARDS 17.22.100 Purpose. A. To design sites and orient buildings with an emphasis on compatible development and creating a comfortable walking environment. B. To provide standards that recognize the need for a system of pedestrian -oriented block frontages. Table 17.22.105 Summary of block frontage standards Block Frontage Type Details Storefront No new ground-level parking adjacent to the street. Special transparency, weather protection, and entry requirements. Minimum commercial space height and depth. Mixed Ground-level parking placed to the side or rear of buildings. Landscaping to soften façades of non- storefronts and buffer parking areas. Minimum façade transparency requirements per use and setback. 9Editor's note(s)—Ord. 3688 § 34, adopted Dec. 21, 2021, repealed the former Ch. 17.22, §§ 17.22.010—17.22.230, and enacted a new Ch. 17.22 as set out herein. The former Ch. 17.22 was entitled "CSD - Community Shopping District," and derived from: Ord. 3643 § 2, adopted Nov. 6, 2019; Ord. 3577 § 1, adopted Mar. 21, 2017; Ord. 3572 § 10, adopted Dec. 20, 2016; Ord. 3548 § 13, adopted Jan. 5, 2016; Ord. 3390 § 6, adopted Jan. 30, 2010; Ord. 3332 § 4, adopted Apr. 25, 2008; Ord. 3272, adopted Feb. 16, 2007; Ord. 3180 § 1 (part), adopted Dec. 17, 2004; Ord. 3155 §§ 10, 11, adopted Jan. 30, 2004; Ord. 3123 § 13, adopted Oct. 11, 2002; Ord. 3111 § 4, adopted Mar. 15, 2002; Ord. 3071 § 4 (part), adopted Dec. 15, 2000; Ord. 3042 § 3 (part) adopted Jan. 28, 2000; Ord. 3007 § 5 (part), adopted Jan. 15, 1999; Ord. 2977 § 1 (part), adopted Dec. 26, 1997; Ord. 2921 § 10, adopted June 28, 1996; Ord. 2863 § 3, adopted Apr. 14, 1995; Ord. 2861 § 1 (part), adopted Mar. 17, 1995; and Ord. 2797 § 4, adopted Feb. 11, 1994. January 11, 2023 Planning Commission Agenda Packet Page 94 of 161 Created: 2022-06-28 16:29:06 [EST] (Supp. No. 30) Page 88 of 150 Landscaped Ground-level parking placed to the side or rear of buildings. Landscaping to soften façades and buffer parking areas. Minimum façade transparency requirements per use and setback. Basic No restrictions on parking lot location (except for landscaping standards). Landscaping to soften façades of non- storefronts. Minimum façade transparency requirements per use and setback. (Ord. 3688 § 34, 12/21/2021) 17.22.110 Block frontage designation maps and regulations. A. Application of map and block frontage regulations. 1. New multi-unit family, and non-residential, and first floor residential development within the CBD, CSD, CA, CN, and CO zones in Port Angeles are subject to the block frontage standards in sections PAMC 17.100-170 based on the block frontage designation of the street, as illustrated in the figures in this section. 2. For multi-family and non-residential development in the RHD and RMD zones, the standards for landscaped block frontages apply. 3. Civic uses, public buildings, and hotels are exempt from the block frontage standards, provided the building and site design meet the following objectives: a. Enliven the pedestrian environment along the adjacent sidewalks. b. Incorporate a prominent and inviting entry visible from the street. If the site has multiple street frontages, the entry must be visible from at least one street. c. The site and building design stand out from the surrounding context as a distinct landmark and provides visual interest from all observable scales. 4. These block frontage standards do not apply to townhouses. B. Map updates. The block frontage designation map will be updated by ordinance by the City Council as necessary to reflect new streets and other adjustments. C. Undesignated streets. If a street is not designated as storefront, mixed, or landscaped block frontage t hen it is automatically classified as a "basic" block frontage. See section PAMC 17.22.150 for applicable standards. Figure 17.22.110(A) Block frontage designation citywide index map January 11, 2023 Planning Commission Agenda Packet Page 95 of 161 Created: 2022-06-28 16:29:06 [EST] (Supp. No. 30) Page 89 of 150 Figure 17.22.110(B) Block frontage designation map 1—Downtown Figure 17.22.110(C) Block frontage designation map 2—Lincoln Street and 8th Street area January 11, 2023 Planning Commission Agenda Packet Page 96 of 161 Created: 2022-06-28 16:29:06 [EST] (Supp. No. 30) Page 90 of 150 Figure 17.22.110(D) Block frontage designation map 3—First/Front couplet area Figure 17.22.110(E) Block frontage designation map 4—C Street area January 11, 2023 Planning Commission Agenda Packet Page 97 of 161 Created: 2022-06-28 16:29:06 [EST] (Supp. No. 30) Page 91 of 150 (Ord. 3688 § 34, 12/21/2021) 17.22.115 About the transparency standards. All block frontage designations contain distinct minimum façade transparency standards. The purposes of these standards are to help maintain visibility for public safety, create welcoming pedestrian -oriented streets, and facilitate a viable and attractive business environment. Table 17.22.115 below includes details in how transparency standards are measured. Table 17.22.115 Explanation of transparency standards Transparency Zones by Building and Frontage Type Storefront Ground floor non-residential and non-storefront Residential buildings and residential portions of mixed use buildings January 11, 2023 Planning Commission Agenda Packet Page 98 of 161 Created: 2022-06-28 16:29:07 [EST] (Supp. No. 30) Page 92 of 150 The transparency zone is on the ground floor between 30 inches and 10 feet above sidewalk grade The transparency zone is between 30 inches and 8 feet above grade All vertical surfaces of the façade are used in the calculations Other Transparency Provisions Windows must be transparent Ground level window area for storefronts and other non- residential uses that is mirrored, reflectively, darkly tinted, covered, frosted, or perforated in any manner that obscures visibility into the building must not count as transparent window area. See also PAMC 17.22.330(C)(2). Exception: Window signs may be counted as transparent window area provided the areas generally around the sign are transparent. Unacceptable: Frosted glass obscuring view into storefront. Unacceptable: Window sign covering transparency zone. Display windows Display windows may be used for up to 50 percent of non- residential transparency requirements provided they are at least 30 inches deep and allow changeable displays. Tack-on display cases as in the right example do not qualify as transparent window area. Acceptable: Integrated display windows. Unacceptable: Tack-on display cases. January 11, 2023 Planning Commission Agenda Packet Page 99 of 161 Created: 2022-06-28 16:29:07 [EST] (Supp. No. 30) Page 93 of 150 Structured parking facilities Where structured parking facilities occupy a portion of the façade, any openings simulating windows may be used to help comply with transparency requirements. Parking garage with windows Parking garage without windows (Ord. 3688 § 34, 12/21/2021) 17.22.120 Storefront block frontage standards. A. Purpose. Storefront block frontages are located in the most vibrant and active shopping and dining areas within Port Angeles. Blocks designated as Storefront block frontages include continuous storefronts placed along the sidewalk edge with small scale shops and many business entries. Table 17.22.120(A) Storefront block frontages vision and key standards B. Standards. All development on sites with a Storefront block frontage designation must comply with the standards in Table 17.22.120(B) below. Table 17.22.120(B) Storefront block frontage standards January 11, 2023 Planning Commission Agenda Packet Page 100 of 161 Created: 2022-06-28 16:29:07 [EST] (Supp. No. 30) Page 94 of 150 The □ symbol refers to DEPARTURE opportunities in PAMC 17.22.120(C) below Element Standards Additional Provisions and Examples Ground Level Floor to ceiling height 13' minimum Applies to the area within the minimum space depth. Ground level street frontage space depth 40' minimum □ Applies to the entire width of the space. Building placement Buildings must be placed at the back edge of the required sidewalk. Additional setbacks may be allowed for a wider sidewalk or where a public space is provided between the sidewalk and the building. Examples of building placement and building entrances. Building entrances Primary building entrances must face the street. For corner buildings, primary entrances for ground-level uses may face either street or the street corner. Façade transparency At least 70% of the transparency zone. □ See PAMC 17.22.115 for additional clarification on transparency standards. Weather protection Weather protection over the sidewalk is required along at least 75% of the building's façade, and it must be a minimum of 6' deep (drip lines must be at least that far from the face of the building). □ Additional standards: Weather protection must have 10' to 15' of vertical Vinyl or plastic awnings or canopies are prohibited. Any canopy or awning over a public sidewalk should be a permanent architectural element. The building's architectural details should not be concealed by awnings or canopies. Awning shapes should relate to the shape of the façade's architectural January 11, 2023 Planning Commission Agenda Packet Page 101 of 161 Created: 2022-06-28 16:29:07 [EST] (Supp. No. 30) Page 95 of 150 clearance. Weather protection must not interfere with existing street trees, utility poles, street signs, or extend beyond the edge of the sidewalk. elements. Transparent canopies and under-canopy signs and lighting are encouraged. Parking location New ground-level (surface or structured) parking adjacent to the street is prohibited, including parking lot and garage entries and driveways. Parking may be placed below, above, and/or behind storefronts. Sidewalk width Minimum design options: 12' minimum between the curb edge and the storefront, including 8' minimum walking surface width and trees are integrated in grates. 8' minimum sidewalk and 6' minimum planter strip. Wider sidewalks may be required for certain streets by the Port Angeles Urban Services Standards and Guidelines Manual. □ Setbacks and utility easements must also be considered and may result in a larger minimum sidewalk width. C. DEPARTURE criteria. Departures from the storefront block frontage standards in Table 17.22.120(B) that feature the □ symbol will be considered per PAMC 17.22.040, provided the alternative proposal meets the purpose of the standards and the following criteria: January 11, 2023 Planning Commission Agenda Packet Page 102 of 161 Created: 2022-06-28 16:29:07 [EST] (Supp. No. 30) Page 96 of 150 1. Retail space depth. Reduced depths on up to 25 percent of the applicable block frontage will be considered where the applicant can successfully demonstrate the proposed alternative design and configuration of the space is viable for a variety of permitted retail uses. 2. Façade transparency. Façade transparency may be reduced to a minimum of 40 percent if the façade design between ground-level windows provides visual interest to the pedestrian and mitigates the impacts of blank walls. 3. Weather protection. a. Weather protection elements may be reduced in length to no less than 50 percent along building's façade and to no less than four feet in depth, provided the proposed design is proportional to architectural features of the building and building design trade-offs (elements that clearly go beyond minimum building design regulations in this chapter) meet the purpose of the standards. b. Smaller gaps are permitted if they are integrated into a larger façade articulation design, such as gaps associated with structural columns. Generally, structural columns are encouraged to be attached with higher or lower weather protection elements that h elp provide continuous coverage for pedestrians. 4. Parking Location. Structured garage entries may be located on storefront streets if there is an acceptable tradeoff in terms of the amount and quality of storefront area that is integrated with the development. The alternative must include design features to successfully mitigate the visual impact of additional parking areas along designated storefront streets. See also PAMC 17.22.240. 5. Sidewalk Width. Alternative designs may be considered where topographical challenges or approved City streetscape plans with different sidewalk standards exist. Alternative designs must be able to accommodate safe and comfortable pedestrian traffic and outdoor seating and dining areas. (Ord. 3688 § 34, 12/21/2021) 17.22.130 Landscaped block frontage standards. A. Purpose. Landscaped block frontages emphasize landscaped street setbacks, clear pedestrian connections between the building and the sidewalk, and minimize surface parking lots along the frontages. Figure 17.22.130(A) Landscaped block frontages vision examples and key standards January 11, 2023 Planning Commission Agenda Packet Page 103 of 161 Created: 2022-06-28 16:29:07 [EST] (Supp. No. 30) Page 97 of 150 B. Standards. All development on sites with a landscaped block frontage designation must comply with the standards in Table 17.22.130(B) below. The standards herein also apply to all multi-family and nonresidential development in the RMD and RHD zones. Table 17.22.130(B) Landscaped block frontage standards The □ symbol refers to DEPARTURE opportunities in PAMC 17.22.130(C) below Element Standards Additional Provisions and Examples Ground Level Land use Any use permitted by this title Building placement 10' minimum setbacks are required. Additional standards: 20' maximum setback. Covered entries and porches are allowed to project up to 6' into this required setback. Additional setbacks may be required where future right- of-way need and/or acquisitions have been identified in city plans. Building entrances At least one public or shared building entry must be visible from the sidewalk and feature direct physical access from the sidewalk. □ Primary private entrances facing the street for ground level residential units are encouraged. See related standards in PAMC 17.22.170. January 11, 2023 Planning Commission Agenda Packet Page 104 of 161 Created: 2022-06-28 16:29:07 [EST] (Supp. No. 30) Page 98 of 150 Façade transparency Must have at least 25% transparency for buildings with ground level nonresidential uses. □ Must have at least 15% transparency for buildings with ground level residential uses. See PAMC 17.22.115 for additional clarification on transparency standards. Weather protection Weather protection at least 3' deep must be provided over individual business and residential entries. Weather protection for shared entrances must be at least 5' deep. Parking location Parking must be located to the side, under, or rear of buildings. For multi-building developments, no more than 50% of the lot frontage can be occupied by off-street parking and driveways. □ See PAMC 17.22.240 for drive-through and vehicle access standards. Landscaping Building setback areas must be landscaped per PAMC 17.22.435. Parking lots developed adjacent to the street must comply with landscaping provisions of PAMC 17.22.440. Sidewalk width A five-foot sidewalk accompanied by a minimum five-foot landscape strip is required within the right-of- January 11, 2023 Planning Commission Agenda Packet Page 105 of 161 Created: 2022-06-28 16:29:07 [EST] (Supp. No. 30) Page 99 of 150 way adjacent to the front property line as well as adjoining arterial corridors. C. DEPARTURE criteria. Departures from the above standards that feature the □ symbol will be considered per PAMC 17.22.040, provided the alternative proposal meets the purpose of the standards, plus the following criteria: 1. Façade transparency. Façade transparency may be reduced to a minimum of 12.5 percent if the façade design between ground level windows provides visual interest to the pedestrian and mitigates the impacts of blank walls. 2. Parking location. For multi-building developments, an additional ten percent of the lot frontage may be occupied by off-street parking and driveways, provided design treatments (beyond minimum standards) are included that successfully mitigate the visual impact of parking areas on the streetscape. (Ord. 3688 § 34, 12/21/2021) 17.22.140 Mixed block frontage standards. A. Purpose. The Mixed block frontage designation serves areas that accommodate a mixture of ground floor uses and allows a diversity of development frontages for the purpose of contributing to the visual character of the street and enhancing the pedestrian environment. Figure 17.22.140(A) Mixed block frontages vision examples and key standards B. Standards. All development on sites containing a mixed block frontage have the option to comply with either the storefront or landscaped block frontage provisions as set forth in PAMC 17.22.120 and .130, with the modifications in Table 17.22.140(B) below. Table 17.22.140(B) Mixed block frontage standards The □ symbol refers to DEPARTURE opportunities in PAMC 17.22.140(C) below Element Standards Additional Provisions and Examples January 11, 2023 Planning Commission Agenda Packet Page 106 of 161 Created: 2022-06-28 16:29:08 [EST] (Supp. No. 30) Page 100 of 150 Building placement Buildings placed up to the sidewalk edge must meet storefront block frontage standards in PAMC 17.22.130. Buildings not placed up to the sidewalk must meet the landscaped block frontage standards in PAMC 17.22.130. Additional setbacks may be required where future right- of-way need and/or acquisitions have been identified in city plans. See PAMC 17.22.170 for special design provisions associated with ground level residential uses adjacent to a sidewalk. Façade transparency Any storefront buildings on these block frontages must meet the storefront block frontage transparency standards above. □ Additional transparency zone standards: 40% minimum for buildings designed with nonresidential uses on the ground floor within 10' of sidewalk. □ 25% minimum for other buildings designed with nonresidential uses on the ground floor. □ 20% minimum for residential buildings/floors. □ See PAMC 17.22.115 for additional clarification on transparency standards. Parking location Parking must be located to the side or rear of buildings. For multi-building developments, no more than 50% of the lot frontage can be occupied by off-street parking and driveways. □ See PAMC 17.22.240 for drive-through and vehicle access standards. Parking lots developed adjacent to the street must January 11, 2023 Planning Commission Agenda Packet Page 107 of 161 Created: 2022-06-28 16:29:08 [EST] (Supp. No. 30) Page 101 of 150 comply with landscaping provisions of PAMC 17.22.440. C. DEPARTURE Criteria. Departures from the above standards that feature the □ symbol will be considered per PAMC 17.22.040, provided the alternative proposal meets the purpose of the standards and the following criteria: 1. Façade transparency. Façade transparency may be reduced to the following minimums if the façade design provides visual interest to the pedestrian and mitigates the impacts of blank walls: a. 20 percent minimum for buildings designed with nonresidential uses on the ground floor within ten feet of a sidewalk. b. 25 percent minimum for other buildings designed with nonresidential uses on the ground floor. c. 20 percent minimum for residential buildings/floors. 2. Parking location. For multi-building developments, an additional ten percent of the lot frontage may be occupied by off-street parking and driveways, provided design treatments (beyond minimum standards) are included that successfully mitigate the visual impact of parking areas on the streetscape. (Ord. 3688 § 34, 12/21/2021) 17.22.150 Basic block frontage (streets with no designated block frontage). A. Purpose. Basic block frontages offer greater flexibility in siting off-street parking areas, while providing visual interest at all observable scales and meet the design objectives of the City. B. Applicability. All block frontages in applicable zones that are not designated in the map in PAMC 17.22.110 are subject to the standards of this section. C. Standards. Basic block frontages must comply with the standards in Table 17.22.150(C) below. DEPARTURES will be considered pursuant to PAMC 17.22.040. Table 17.22.150(C) Basic block frontage standards The □ symbol refers to DEPARTURE opportunities in PAMC 17.22.150(D) below. Element Standards Building placement Buildings placed up to the sidewalk edge must meet storefront block frontage standards in PAMC 17.22.130. Buildings not placed up to the sidewalk must feature a 10' minimum street setback except where greater setbacks are required by the zone. Building entrances Building entrances facing the street are encouraged. At a minimum, at least one building entry visible and directly accessible January 11, 2023 Planning Commission Agenda Packet Page 108 of 161 Created: 2022-06-28 16:29:08 [EST] (Supp. No. 30) Page 102 of 150 from the street is required. □ Where buildings are setback from the street, pedestrian connections from the sidewalk are required. Façade transparency For storefronts, at least 60% □ Other buildings designed with non-residential uses on the ground floor within 10' of sidewalk, at least 30%. □ For residential buildings, at least 15%. □ Weather protection At least 3' deep over primary business and residential entries. Parking location There are no parking lot location restrictions, except for landscaped buffer requirements set forth in PAMC 17.22.230. Landscaping Building setback areas must be landscaped per PAMC 17.22.435. Parking lots developed adjacent to the street must comply with landscaping provisions of PAMC 17.22.040. Sidewalk width A 5' sidewalk accompanied by a minimum 5' landscape strip is required within the right-of- way adjacent to the front property line as well as adjoining arterial corridors. D. Departure Criteria. Departures from the above standards that feature the □ symbol will be considered per PAMC 17.22.040, provided the alternative proposal meets the purpose of the standards and the following criteria: 1. Building entrances. Alternative designs may be considered provided the pedestrian route from the sidewalk to the entry is clear. 2. Façade transparency. Façade transparency may be reduced to the following minimums if the façade design provides visual interest to the pedestrian and mitigates the impacts of blank w alls: a. For storefronts, at least 30 percent. b. Other buildings designed with non-residential uses on the ground floor within ten feet of a sidewalk, at least 15 percent. c. For residential buildings, at least seven and one-half percent. (Ord. 3688 § 34, 12/21/2021) January 11, 2023 Planning Commission Agenda Packet Page 109 of 161 Created: 2022-06-28 16:29:08 [EST] (Supp. No. 30) Page 103 of 150 17.22.160 High visibility street corner standards. A. Description/purpose. The high visibility street corner requirements apply to those sites designated on the block frontage maps in PAMC 17.22.110. The purpose is to accentuate street corners with high visibility to the public. B. Designation criteria. High visibility street corners may be designated on the block frontage maps in: 1. Special high visibility intersections in Port Angeles. 2. Intersections with a high level of current and/or envisioned pedestrian activity. C. Standards. Sites located on high visibility street corners must meet the following requirements: 1. Buildings must be located within 20 feet of the street corner. 2. At least one of the following special features must be included: a. Corner plaza. b. Cropped building corner with a special entry feature. c. Decorative use of building materials at the corner. d. Distinctive façade articulation. e. Sculptural architectural element. f. Other decorative elements that meet the purpose of the standards. Figure 17.22.160 High visibility street corner examples January 11, 2023 Planning Commission Agenda Packet Page 110 of 161 Created: 2022-06-28 16:29:08 [EST] (Supp. No. 30) Page 104 of 150 Building A includes a corner tower and change in materials. Building B feature cropped building corners with a change in materials and decorative elements. Building C uses a decorative canopy. Building D uses a change in material color and façade articulation at the corner. Building E incorporates a plaza at the corner. Image F shows a decorative landscaped area with a trellis and neighborhood gateway sign. (Ord. 3688 § 34, 12/21/2021) 17.22.170 Ground floor residential frontage standards. A. Purpose. The purpose of these standards is to: 1. Enhance the privacy and security of residents living on the ground floor. 2. Provide an effective visual and physical transition between the public realm and the private realm. 3. Enhance the relationship between the building and the street through high-quality landscape and architectural design. B. Applicability. All developments with ground-floor residential uses adjacent to public streets must comply with the frontage standards in this section. C. Standards. Design treatments must be integrated to enhance the character of the public and semi-public realm while respecting the privacy of adjacent residential units. Design criteria applicable to ground -floor residential frontages are as follows: 1. Direct access. All units abutting public sidewalks are encouraged to h ave individual ground-floor entries directly accessible to the sidewalk. 2. Unit setback and elevation. Provide privacy for people living in the adjacent dwelling units and ensure the applicable street environment is comfortable through all of the following measures: a. Provide a five-foot minimum setback from public sidewalks, unless a greater setback is required per applicable block frontage standards. Figure 17.22.170(C)(2)(a) Minimum setback between a ground floor residence and public sidewalk January 11, 2023 Planning Commission Agenda Packet Page 111 of 161 Created: 2022-06-28 16:29:09 [EST] (Supp. No. 30) Page 105 of 150 b. Where the façade is within ten feet of a street, the ground level of dwelling units must be raised from three to five feet above the level of the corresponding sidewalk. On sloped sites, the minimum and maximum heights must be calculated using the average ground elevation at perimeter walls as determined by the final grade noted on the building plan. Figure 17.22.170(C)(2)(b) Dimensional standards for elevating residential units near public streets Façade setback Elevate the ground level of adjacent residential units Front façade: < 10' from sidewalk (along a public street); or < 5' from an internal walkway or open space 3—5' above the grade of the public street Front façade: 10—15' from sidewalk (along a public street); or 5—10' from an internal walkway or open space 2.5"—5' above the grade of the public street 3. Enhance the privacy of residents and provide an effective transition between the public and private realm by integrating all of the following measures: a. Provide a physical "threshold" feature, such as a hedge, retaining wall, rockery, stair, gate, railing, or a combination of such elements on private property that defines and bridges the boundary between public right-of-way and the private entry, porch, yard, or patio. Thresholds may screen, but not completely block, views to and from the public and semi-public realm areas. □ b. Provide an outdoor space at least four feet -deep and six feet wide (24 square feet minimum area) in the front setback, such as a porch, patio, deck, or stoop. Where feasible, this space must be at the same level as the interior of the unit. □ Overhead building projections may cantilever over the outdoor space by up to 50 percent of the minimum ground level setback to public and private realm areas. January 11, 2023 Planning Commission Agenda Packet Page 112 of 161 Created: 2022-06-28 16:29:09 [EST] (Supp. No. 30) Page 106 of 150 c. Provide a covered area, porch or protected entry space, or other architectural weather protection at least three feet deep that provides cover for a person entering the unit and a transitional space between outside and inside the dwelling. d. Landscaping planters (in-ground or constructed and raised) must be integrated into transitional areas between the dwelling unit and the adjacent public and semi-public realm areas (see the figures below for examples). □ e. DEPARTURES may be proposed for the design criteria in subsection (C)3. above featuring the symbol □ provided the design enhances the privacy of adjacent unit s and provides an effective and attractive transition between the public and private realm. 4. See section PAMC 17.22.330 for window design standards. Figure 17.22.170(C)(3)(a) Examples of ground-level residential frontages The above images show ground-level residential frontages with setbacks of approximately 10' (left image) and 5' (right image) along different street frontages for the same corner apartment building. These ground level units all have their own private unit access from the sidewalk and are elevated above the sidewalk to enhance the privacy to the units. The landscaping elements, brick posts, split-faced concrete block stoop walls, and black metal railings help to provide an attractive and effective transition between the public and private realms. Figure 17.22.170(C)(3)(b) Additional examples of ground-level residential frontages January 11, 2023 Planning Commission Agenda Packet Page 113 of 161 Created: 2022-06-28 16:29:09 [EST] (Supp. No. 30) Page 107 of 150 Good examples: Image A includes a stoop design with brick terraced planters and low wrought iron fences. Images B and C include stoop designs with sidewalk level planters and concrete terrace planters. Bad examples: Despite the raised ground level, the setback design in Image D is insufficient to meet the intent of the standards. In Image E, the upper level building cantilever doesn't meet the standards and creates a cold "cave stoop" like form. The large areas of unscreened concrete walls in both examples are undesirable. (Ord. 3688 § 34, 12/21/2021) 17.22.180 Where properties front onto multiple streets. Where a property fronts onto more than one street and each street has a different frontage designation, each building frontage must comply with the standards for the block frontage upon which it fronts, with the fol lowing clarifications: A. Conflicts. Where a conflict exists between frontage standards, the Director will apply the standards of a block frontage pursuant to the following order of preference: 1. Storefront. 2. Mixed. 3. Landscaped. 4. Basic. January 11, 2023 Planning Commission Agenda Packet Page 114 of 161 Created: 2022-06-28 16:29:09 [EST] (Supp. No. 30) Page 108 of 150 Subsections (B-E) below clarify how the order of preference works for particular frontage elements. B. Building Location. For corner sites with landscaped block frontage on one street and storefront or mixed on another, a storefront frontage may wrap around the corner (on the la ndscaped block frontage side) for up to a half block width or no more than 120 feet (whichever is more). C. Entrances. For corner sites, entrances on both streets are encouraged, but only one entrance is required. For corner sites with frontage on a storefront block frontage on one side, an entrance must be placed on the storefront block frontage side. For corner sites with a mix of designations that do not include a storefront block frontage, the entry must be placed on the side listed first in the order of preference identified above. An entrance at the building corner and facing an intersection must be permitted under any of the above scenarios. DEPARTURES may be considered, provided the location and design of the entry and block frontage treatments are compatible with the character of the area and enhance the character of the street. D. Transparency. For corner sites, at least one block frontage must meet the applicable transparency standards (based on the order of preference above). For the second block frontage, the Director may approve a reduction in the minimum amount of transparency by 50 percent. For street corners with the same designations on both frontages, buildings must employ the full transparency on the dominant frontage (based on the frontage width or established neighborhood pattern). E. Parking. Surface parking (including ground floor parking in a structure) adjacent to a street corner is not allowed, except: 1. On corner lots with basic frontages on both streets. 2. On corners with other combination of block frontages, except those with a storefront designation, via a DEPARTURE and subject to the applicable departure criteria. Figure 17.22.180 Examples of where properties front onto multiple streets January 11, 2023 Planning Commission Agenda Packet Page 115 of 161 Created: 2022-06-28 16:29:09 [EST] (Supp. No. 30) Page 109 of 150 (Ord. 3688 § 34, 12/21/2021) 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. General commercial uses: 1. Artisan manufacturing.10 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. 5. Drug stores, pharmacies. 6. Short-term rental. 7. Farm equipment stores, garden supply stores, nurseries. 8. 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. 9. 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. 10. General merchandise stores, such as clothing and shoe stores, department stores, second-hand stores, antique stores, pawn shops, sporting goods stores and variety stores. 11. Household furnishings stores, such as appliance stores, furniture stores, office equipment stores and stereo stores. 10For uses located on the ground floor, a high volume, pedestrian-oriented use adjoining the building's entrance on a street is required. January 11, 2023 Planning Commission Agenda Packet Page 116 of 161 Created: 2022-06-28 16:29:16 [EST] (Supp. No. 30) Page 110 of 150 12. Motels, hotels and hostels. 13. Medical supply stores. 14. Dealerships of new and used automobiles, trucks, trailers, motorcycles, recreational vehicles, tractors, boats, including related sales, leasing and servicing. 15. Specialty shops, such as gift, florist, hobby, antique, candy, ice cream, movie rental, bicycle, book, computer, toy, and retail pet stores. 16. Shopping centers, not exceeding 100,000 square feet in building floor area. B. Services: 1. Art galleries, 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 daycares. 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. 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. Laundromats, commercial and self-service, dry cleaning shops and tailor shops. 12. Libraries. 13. Medical/dental offices and clinics and laboratories. 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: January 11, 2023 Planning Commission Agenda Packet Page 117 of 161 Created: 2022-06-28 16:29:16 [EST] (Supp. No. 30) Page 111 of 150 1. Apartments. When located on the second or subsequent floor of a building, or basement floor, or located on the ground floor within a detached accessory struct ure that is on a lot with principal nonresidential uses in operation. 2. Apartment buildings. 3. Multi-family housing. 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. (Ord. 3643 § 3, 11/6/2019; Ord. 3577 § 1, 3/21/2017; 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. 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. Licensed impound yards. E. Massage parlors, saunas and steam baths, as primary use. F. Off-premises outdoor advertising signs. G. Off-street business parking structures and lots. January 11, 2023 Planning Commission Agenda Packet Page 118 of 161 Created: 2022-06-28 16:29:16 [EST] (Supp. No. 30) Page 112 of 150 H. Recreational vehicles, vacation trailers, and campers courts and parks. I. Salvage and recycling buildings. J. Shopping centers, exceeding 100,000 square feet in building floor area. K. Social service agency buildings providing 24-hour residential care. L. 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. M. Other uses compatible with the intent of this chapter. (Ord. 3577 § 1, 3/21/2017; 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. The following area and dimensional requirements apply to all CA zones: Table 17.23.200-1: Area and Dimensional Requirements Measurement Type Limit Minimum lot area1 n/a Minimum lot width/frontage 50 feet Maximum building height 35 feet Maximum lot coverage 60% Maximum site coverage 80% Minimum front setback n/a Garage entrance setback n/a Minimum rear setback 15 feet from any alley or adjacent residential zone Minimum side setback 15 feet from any alley or adjacent residential zone Minimum side setback (street) n/a Minimum side setback (alley) 15 feet Detached Accessory Structure Requirements Minimum rear setback for accessory structures in the rear one-third of the lot 15 feet from any alley or adjacent residential zone Minimum side setback for accessory structures in the rear one-third of the lot Maximum building height2 Not to exceed the primary structure building height Maximum building footprint Not to exceed the primary structure building footprint 1 All newly created lots shall have a minimum area adequate to provide for required setbacks and parking. January 11, 2023 Planning Commission Agenda Packet Page 119 of 161 Created: 2022-06-28 16:29:16 [EST] (Supp. No. 30) Page 113 of 150 2 A 25% height bonus is available if the detached structure is within the building envelope required of a principal structure in the zone that the property is located. (Ord. 3577 § 1, 3/21/2017; 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. 3577 § 1, 3/21/2017; 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 five-foot sidewalk accompanied by a minimum five-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 landscapi ng 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 tree landscaping of at least two trees, for each group of six or fewer parking spaces with a minimum of two trees, exclusive of any required perimeter landscaping. Vegetation within LID facilities may be used to meet landscaping requirements. 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. Refer to 15.20.070.B.6 and 15.20.080.A.4 PAMC for appropriate pruning and vegetation management techniques. F. Parking areas shall have interspersed landscaped islands and shall have no more than eight consecutive parking spaces. Islands with vegetation within LID facilities may be used to meet landscaping requirements and may exceed maximum eight consecutive spaces. Underground parking and parking included in a parking structure are excluded from this requirement. (Ord. 3572 § 11, 12/20/2016; 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) January 11, 2023 Planning Commission Agenda Packet Page 120 of 161 Created: 2022-06-28 16:29:16 [EST] (Supp. No. 30) Page 114 of 150 CHAPTER 17.40 PBP - PUBLIC BUILDINGS - PARKS 17.40.010 Purpose. This is a zoning designation for publicly-owned property, or property less suitable for development by reason of its topography, geology, or some unusual condition or situation. Much of the land so designated may best be left as "green belts". Except for low density private residential uses, permitted uses are mostly public utilities and large civic facilities. This zone provides the basic urban land use pattern for public facilities, open space, and environmentally sensitive areas where public interests are directly involved and with allowances for very low density private residential use, subject to environmental impact mitigation. (Ord. 3123 § 21, 10/11/2002; Ord. 2668 § 7 (part), 1/17/1992 17.40.040 Permitted uses. A. Bleachers, grandstands (subject to review by Planning Commission). B. Bridle trails. C. Cemeteries and crematoriums. D. Civic buildings and governmental offices. E. Common open space. F. Convention centers (publicly owned) and associated activities. G. Tire stations. H. Hospitals. I. Landfills, sanitary. J. Libraries. K. Marinas, boat storage, maritime and harbor activities. L. Municipal pool. M. Museums. N. Off-street parking structures and lots. O. Parks, greenbelts. P. Picnic areas and facilities. Q. Playfields. R. Playgrounds. S. Public recreation structures and facilities. T. Reservoirs. U. Schools and school related facilities. January 11, 2023 Planning Commission Agenda Packet Page 121 of 161 Created: 2022-06-28 16:29:19 [EST] (Supp. No. 30) Page 115 of 150 V. Single-familySingle-household residences which meet the requirements of the RS-7R7 District. W. Streets, sidewalks, trails and roads. X. Utility buildings and structures. (Ord. 3155 § 16, 1/30/2004; Ord. 3007 § 5 (part), 1/15/1999; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2796 § 13, 2/11/1994; Ord. 2702 § 2, 8/14/1992; Ord. 2668 § 7 (part), 1/17/1992; Ord. 2636 § 12 (part), 5/15/1991; Ord. 2382 § 1, 3/15/1986; Ord. 1709 § 1 (part), 12/22/1970) 17.40.045 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. 2921 § 16, 6/28/1996) 17.40.050 Conditional uses. A. Quasi-public recreation structures and facilities. B. Other uses compatible with the intent of this chapter. (Ord. 3155 § 17, 1/30/2004; Ord. 2668 § 7 (part), 1/17/1992; Ord. 2636 § 12 (part), 5/15/1991) 17.40.060 Minimum yard requirements. A. Minimum lot area: None. B. Minimum lot width: None. C. Setbacks: Minimum yard setbacks shall be no less than the adjacent zoning requirements, except that in the event the adjacent zone is PBP, setbacks shall be zero feet. No structure shall be placed within 15 feet of an alley. D. Maximum lot coverage: 50 percent. E. Maximum building height: 35 feet. (Ord. 2977 § 1 (part), 12/26/1997; Ord. 2749 § 1, 2/26/1993; Ord. 2668 § 7 (part), 1/17/1992; Ord. 1709 § 1 (part), 12/22/1970) 17.40.065 Design and landscaping. A. All outdoor storage areas shall be screened from public view from public rights -of-way and abutting property by a sight-obscuring fence six feet in height; except sanitation receptacles associated with mechanized collection. B. All lighting on the site shall be directed or shaded so as not to shine directly on adjoining non -commercial property. C. 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 of at least six feet mature height within three January 11, 2023 Planning Commission Agenda Packet Page 122 of 161 Created: 2022-06-28 16:29:19 [EST] (Supp. No. 30) Page 116 of 150 years of the planting date, except that approved vehicle driveways to an alley shall not be obstructed; and except that sanitation receptacles associated with mechanized collection shall not be obstructed. D. All required parking areas shall include tree landscaping of at least two trees, for each group of six or fewer parking spaces with a minimum of two trees, exclusive of any required perimeter landscaping. Vegetation within LID facilities may be used to meet landscaping requirements. 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. Refer to 15.20.070.B.6 and 15.20.080.A.4 PAMC for appropriate pruning and vegetation management techniques. (Ord. 3572 § 20, 12/20/2016; Ord. 2977 § 1 (part), 12/26/1997) 17.40.070 Lighting facilities. Overhead lights, floodlights, etc., shall be constructed so as to shine away from neighboring property as far as is practical. (Ord. 2668 § 7 (part), 1/17/1992; Ord. 2382 § 1 (part), 3/15/1986) CHAPTER 17.42 FL - FOREST LANDS 17.42.010 Purpose. This is a zoning designation for privately-owned property not intended for future conversion to urban development. Much of the land so designated may best be used for commercial timber production. This zone provides the basic nonurban land use pattern for natural resource uses, subject to environmental impact mitigation if converted to urban development. (Ord. 3123 § 22, 10/11/2002; Ord. 2861 § 1 (part), 3/17/1995) 17.42.040 Permitted uses. A. Aquifer protection. B. Commercial timber production. C. Critical wildlife or fish habitat and other public resources. D. Parks and greenbelts. (Ord. 2861 § 1 (part), 3/17/1995) 17.42.045 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. 2921 § 17, 6/28/1996) January 11, 2023 Planning Commission Agenda Packet Page 123 of 161 Created: 2022-06-28 16:29:19 [EST] (Supp. No. 30) Page 117 of 150 17.42.050 Conditional uses. Other uses compatible with the intent of this chapter. (Ord. 2861 § 1 (part), 3/17/1995) 17.42.060 Setbacks and buffers. No disturbance of soils and vegetation or other development shall be permitted, except where reforestation will take place in accordance with the State's Forest Practices Regulations and the City's Critical Areas Ordinances. (Ord. 2861 § 1 (part), 3/17/1995) January 11, 2023 Planning Commission Agenda Packet Page 124 of 161 Created: 2022-06-28 16:29:19 [EST] (Supp. No. 30) Page 118 of 150 CHAPTER 17.46 PROPERTY TAX EXEMPTIONS FOR MULTI-FAMILY HOUSING 17.46.010 Findings and purpose. A. Findings. The Council of the City of Port Angeles finds that: 1. Within Port Angeles there are insufficient housing opportunities, including affordable and multi - family housing opportunities; and 2. Adoption of the ordinance from which this chapter derives will help to increase and improve residential opportunities, including affordable and multi-family housing opportunities, within the City of Port Angeles. B. Purpose. The purposes of this chapter are to: 1. Encourage more multi-family housing opportunities, including affordable housing opportunities, within the City; 2. Stimulate the construction of new multi-family housing and the rehabilitation of existing vacant and underutilized buildings for multi-family housing opportunities; 3. Increase the supply of mixed-income, multi-family housing opportunities within the City; 4. Promote community development, neighborhood revitalization, and availability of affordable housing; and 5. Encourage additional housing density in areas that are consistent with planning for public transit systems. C. Any one or a combination of these purposes may be furthered by the designation of residential target areas under this chapter. (Ord. 3618 § 1, 2/5/2019) 17.46.020 Definitions. The following definitions shall apply to this chapter: 1. "Affordable housing," means residential housing, either rental or owner-occupied, the monthly cost of which, including utilities, other than telephone, and any mandatory recurring fees required as a condition of occupancy for the unit do not exceed 30 percent of the household's monthly income. 2. "Assessor" means the Clallam County Assessor. 3. "Building codes" means the City building and construction codes as set forth in Title 14 PAMC. 4. "City" means the City of Port Angeles. 5. "Council" means the Port Angeles City Council. 6. "Director" means the City's Director of the Community and Economic Development Department and any authorized designee. 7. "Household" means a single person, family or unrelated persons living together. January 11, 2023 Planning Commission Agenda Packet Page 125 of 161 Created: 2022-06-28 16:29:20 [EST] (Supp. No. 30) Page 119 of 150 8. "Local housing standards" means the International Property Maintenance Code, as adopted by the City of Port Angeles. 9. "Low-income household" means a single person, family, or unrelated persons living together whose adjusted income is at or below 80 percent of the median family income adjusted for family size, for Clallam County, as reported by the United States Department of Housing and Urban Development. 10. "Growth Management Act" means Chapter 36.70A RCW. 11. "Market rate exemption option" means an eight-year property tax exemption with no income or rent requirements. Properties are secured with a development agreement outlining requirements such as enhanced design, public art, additional parking or structured parking, enhanced landscaping, enhanced infrastructure (e.g., wider sidewalks, undergrounding utilities, stormwa ter control), homeownership component, energy efficiency, consistency with subarea plan. 12. "Moderate-income household" means a single person, family, or unrelated persons living together whose adjusted income is more than 80 percent of the median family income adjusted for family size, for Clallam County, as reported by the United States Department of Housing and Urban Development. 13. "Multi-family housing" means a building having four or more dwelling units designed for permanent residential occupancy resulting from new construction or rehabilitation or conversion of vacant, underutilized, or substandard buildings. 14. "Owner" means the property owner of record as filed with the Clallam County Assessor's Office. 15. "Permanent residential occupancy" means multi-family housing that provides either rental or owner occupancy for a period of at least one month. This excludes hotels and motels that predominately offer rental accommodation on a daily or weekly basis. 16. "Rehabilitation improvements" means modifications to existing structures that are vacant for 12 months or longer, or modification to existing occupied structures which convert non -residential space to residential space and/or increase the number of multi-family housing units. 17. "Residential targeted area," also "residential target area," means an area within the City's urban governmental center that has been designated by the Council as lacking sufficient, available, desirable, and convenient residential housing to meet the needs of the public. 18. "Substantial compliance" means compliance with all local building, fire and zoning code requirements, which are typically required for rehabilitation as opposed to new construction. 19. "Urban governmental center" is an identifiable district containing several business establishments, adequate public facilities, and a mixture of uses and activities where residents may obtain a variety of products and services. For Port Angeles, the urban governmental center includes the entire incorporated area of the City. (Ord. 3618 § 1, 2/5/2019) 17.46.030 Residential targeted area standards. A. Criteria. Following public notice and a public hearing, the Council may, in its sole discretion, designate one or more residential target areas. Each designated target area must meet the following criteria, as determined by the Council: 1. The target area is within an urban governmental center; 2. The target area lacks sufficient available, desirable, and convenient residential housing, including multi-family and affordable housing, to meet the needs of the public who would be likely to live January 11, 2023 Planning Commission Agenda Packet Page 126 of 161 Created: 2022-06-28 16:29:20 [EST] (Supp. No. 30) Page 120 of 150 in the urban governmental center if affordable, desirable, attractive, and livable residences were available; 3. The providing additional housing opportunity in the target area will assist in achieving one or more of the following purposes: a. Encourage increased residential opportunities within the target area, including mixed income and affordable housing opportunities; or b. Stimulate the construction of new multi-family housing and/or the rehabilitation of existing vacant and underutilized buildings for multi-family housing; or c. Where appropriate, stimulate the construction, rehabilitation or conversion of existing vacant and underutilized multi-family rental units to owner occupied multi-family housing as such property redevelops. 4. In designating a residential target area, the Council may also consider other factors, including, but not limited to: whether additional housing, including affordable housing units, in the target area will attract and maintain an increase in the number of permanent residents; whether an increased permanent residential population in the residential targeted area will help to achieve the goals and policies described in the City's comprehensive plan or mandated by the Growth Management Act under Chapter 36.70A.020 RCW; whether encouraging additional housing in the target area is consistent with public transportation plans; and whether additional housing may contribute to revitalization of distressed neighborhoods or areas within the target area. 5. When designating a residential target area, the Council shall give no tice of a hearing to be held on the matter and that notice shall be published once each week for two consecutive weeks, not less than seven days nor more than 30 days before the date of the hearing. The notice must state the time, date, place and purpose of the hearing and generally identify the area proposed to be designated. B. Target area standards and guidelines. For each designated residential target area, the Council shall adopt and implement basic requirements for both new construction and rehabilitation, including the application process and procedures. The Council may also adopt guidelines including the following: 1. Requirements that address demolition of existing structures and site utilization; 2. Building requirements that may include elements addressing parking, building height, residential density, access to alternative transportation facilities, environmental impact, public benefit features, compatibility with the surrounding properties, and oth er site layout and design amenities intended to enhance the livability of the residential target area; 3. More stringent income eligibility, rent, or sale price limits, including limits that apply to a higher percentage of units than the minimum conditions u nder PAMC 17.46.100. The required amenities shall be proportional to the size of the proposed project and the tax benefit to be obtained. C. Designated residential target areas. The following areas, as depicted in Figure 1 and the City's adopted map known as "Residential Targeted Areas," have been designated as residential target areas in the City by resolution adopted by the City Council on January 15, 2019. Figure 1 January 11, 2023 Planning Commission Agenda Packet Page 127 of 161 Created: 2022-06-28 16:29:20 [EST] (Supp. No. 30) Page 121 of 150 (Ord. 3618 § 1, 2/5/2019) 17.46.040 Tax exemption terms and project eligibility. A. Duration of exemption. For properties for which applications are submitted under Chapter 84.14 RCW, the value of improvements qualifying under this chapter is exempt from ad valorem property taxation as follows: 1. For eight successive years beginning January 1st of the year immediately following the calendar year of issuance of the certificate, if the property otherwise qualifies for the exemption under Chapter 84.14 RCW and meets the conditions in this subsection. For the property to qualify for the eight-year exemption under this subsection, the applicant may choose a market-rate option or affordable option as set forth below: a. Market-rate. In the case of projects intended for market -rate, multi-family housing, applicants shall enter into a development agreement outlining requirements such as enhanced design; public art; additional parking, structured parking, or parking to address interests other than automobiles, such as for instance bicycle parking; enhanced landscaping; enhanced infrastructure (e.g., wider sidewalks, undergro unding utilities, stormwater control); home ownership component; energy efficiency; and consistency with subarea plans. b. Affordable. In the case of projects intended for affordable multi-family housing, applicants must commit to renting or selling at least 20 percent of the multi-family units as affordable housing to moderate-income households. January 11, 2023 Planning Commission Agenda Packet Page 128 of 161 Created: 2022-06-28 16:29:21 [EST] (Supp. No. 30) Page 122 of 150 2. For 12 successive years beginning January 1st of the year immediately following the calendar year of issuance of the certificate, if the property otherwise qualifies for the exemption under Chapter 84.14 RCW and meets the conditions in this subsection. For the property to qualify for the 12-year exemption under this subsection, the applicant must commit to renting or selling at least 20 percent of the multi-unit housing units as affordable to low and moderate income households as set forth below: a. Owner occupancy. In the case of projects intended exclusively for owner occupancy, the minimum requirement of this subsection may be satisfied solely through housing affordable to moderate-income households during the authorized exemption period. b. Rental occupancy. In the case of projects intended for rental occupancy, the minimum requirement of this subsection must be satisfied based on affordability requirements outlined in PAMC 17.46.040.C.8. B. Limits on exemption. The exemption does not apply to the value of land or to the value of non -housing related improvements not qualifying under this chapter, nor does the exemption apply to increases in assessed valuation of land and non-qualifying improvements, or to increases made by lawful order of the Clallam County Board of Equalization, the Washington State Department of Revenue, State Board of Tax Appeals, or Clallam County, to a class of property throughout the county or a spec ific area of the county to achieve uniformity of assessment or appraisal as required by law. In the case of rehabilitation of existing buildings, the exemption does not include the value of improvements constructed prior to submission of the completed application as required under PAMC 17.46.050. The incentive provided by this chapter is in addition to any other incentives, tax credits, grants, or other incentives provided by law. C. Project eligibility. To be eligible for exemption from property taxation, the property must satisfy all of the following requirements: 1. Applications. The Director shall have exclusive authority to determine whether an application is complete. Only complete applications are eligible to be considered for the tax exemptions authorized by this chapter. 2. Size. The project must include multi-family housing within a residential structure or as part of a mixed-use development. This requirement can be satisfied either by constructing a minimum of four new units in a residential structure, or constructing or converting at least four additional multi-family units to existing occupied multi-family housing. Existing multi-family housing that has been vacant for 12 months or more does not have to provide additional units so long as the project provides for occupancy at least four units of new, converted, or rehabilitated multi-family housing. 3. Tenant displacement prohibited. The project must not displace existing residential tenants of structures that are proposed for redevelopment. Existing dwelling units proposed for rehabilitation must have been unoccupied for a minimum of 12 months prior to submission of application and must have two or more violations of the applicable City building codes. Applications for new construction cannot be submitted for vacant property upon which an occupied residential rental structure previously stood, unless a minimum of 12 months has elapsed from the time of most recent occupancy. 4. Permanent residential housing. At least 50 percent of the space designated for multi-family housing must be provided for permanent residential occupancy, as defined in PAMC 17.46.020. 5. Proposed completion date. New construction multi-unit housing and rehabilitation improvements must be scheduled to be completed within three years from th e date of approval of the application. January 11, 2023 Planning Commission Agenda Packet Page 129 of 161 Created: 2022-06-28 16:29:21 [EST] (Supp. No. 30) Page 123 of 150 6. Compliance with guidelines and standards. The project shall be designed to comply with the City's comprehensive plan, building, housing, and zoning codes, the standards and guidelines adopted by the Council for the residential target area, and with any other applicable regulations in effect at the time the application is approved. 7. Historic resource protection. a. Applications for new construction that require the demolition of structures listed in the local, state or national register, or identified as contributing to an historic district in the City's historic property survey are not eligible for the multi-family tax exemption. 8. Affordability. Projects intended for rental occupancy seeking a 12-year tax exemption shall provide 20 percent of the multi-unit housing as follows: a. Affordable housing units having one or fewer bedrooms shall be available to households whose adjusted income is at or below 60 percent of the median family income adjusted for family size for Clallam County. b. The affordable housing requirement can be met, either partially or fully, for any units with two or more bedrooms that are available to households whose adjusted income is at or below 80 percent of median family income adjusted for family size for Clallam County. 9. Contract. The applicant must enter into a contract with the City, approved by the Director, under which the applicant agrees to the implementation of the development on terms and conditions consistent with this chapter and Chapter 84.14 RCW and satisfactory to the Director. (Ord. 3618 § 1, 2/5/2019) 17.46.050 Application procedure. A. The owner of property applying for exemption under this chapter shall submit an application to the Director, on a form established by the Director. The owner shall verify the application by oath or affirmation. The application shall contain such information as the Director may deem necessary or useful, and shall include at a minimum: 1. Information setting forth the grounds supporting the requested exemption including information indicated on the application form. 2. A brief written description of the project and preliminary schematic site and floor plans of the multi-family units and the structure(s) in which they are proposed to be located; and 3. A statement from the owner acknowledging the potential tax liability when the property ceases to be eligible for exemption under this chapter. B. In the case of rehabilitation or where demolition or new construction is required, the owner shall secure from the City, before commencement of rehabilitation improvements or new construction, verification of property noncompliance with applicable building and housing codes. C. At the time of submitting an application under this section, the applicant shall pay to the City an initial application fee in the amount of $1,000.00. D. The Director shall notify the applicant within 30 days of the application being filed if the Director determines that an application is not complete and shall identify what additional information is required before the application will be complete. Within 30 days of receiving additional information, the Director shall notify the applicant in writing if the Director determines that the application is still not complete, and what additional information is necessary. January 11, 2023 Planning Commission Agenda Packet Page 130 of 161 Created: 2022-06-28 16:29:21 [EST] (Supp. No. 30) Page 124 of 150 E. An application shall be deemed to be complete if the Director does not notify the applicant in w riting by the deadlines in this section that the application is incomplete; however, a determination of completeness does not preclude the Director from requiring additional information during the review process if more information is needed to evaluate the application according to the criteria in this chapter. F. Application review and issuance of conditional certificate. The Director may certify as eligible an application if the Director finds that: 1. A minimum of four new units are being constructed, or in the case of occupied rehabilitation or conversion, a minimum of four additional multi-family units are being developed; 2. If applicable, the proposed multi-unit housing project meets the affordable housing requirements as described in RCW 84.14.040.A; 3. The proposed project is, or will be at the time of completion, in conformance with all local laws and regulations that apply at the time the application is approved; 4. The owner has complied with all standards and guidelines adopted by the City under this chapter; and 5. The site is located in a residential targeted area of an urban center that has been designated in accordance with procedures and guidelines indicated in RCW 84.14.040; and 6. That the proposed project otherwise complies with the requirements of this chapter and Chapter 84.14 RCW. G. A decision to approve or deny an application shall be made within 90 days of receipt of a complete application. 1. Approval. If an application is conditionally approved, the applicant shall enter into a contract with the city regarding the terms and conditions of the project as provided in PAMC 17.47.040.A.9. The Director shall issue a conditional certificate of acceptance of tax exemption. The conditional certificate expires three years from the date of approval unless an extension is granted as provided in this chapter. 2. Denial. The Director shall state in writing the reasons for denial and shall send notice to the applicant at the applicant's last known address within ten days of the denial. The applicant may appeal the Director's decision to the hearing examiner. If so, the city's hearings examiner shall conduct the appeal hearing and grant or deny the appeal within 30 days of receipt of notice. The appeal before the Hearings Examiner will be based upon the record before the Director, and the Director's decision will be upheld unless the applicant can show that there is no substantial evidence on the record to support the Director's decision. (Ord. 3618 § 1, 2/5/2019) 17.46.060 Extension of conditional certificate. The conditional certificate may be extended beyond its initial three-year term by the Director for a period not to exceed 24 consecutive months. The applicant must submit a written request stating the grounds for the extension, accompanied by any processing fee in the amount of $500.00. No conditional certificate shall be eligible for more than one such extension. An extension may be granted if the Director determines that: 1. The anticipated failure to complete construction or rehabilitation within the required time period is due to circumstances beyond the control of the owner; 2. The owner has been acting and could reasonably be expected to continue to act in good faith and with due diligence; January 11, 2023 Planning Commission Agenda Packet Page 131 of 161 Created: 2022-06-28 16:29:21 [EST] (Supp. No. 30) Page 125 of 150 3. The project will comply with the city's development regulations, building, housing, and zoning codes, and any other applicable regulations in effect at the time the extension of the conditional certificate is granted; and 4. All the conditions of the original contract between the applicant and the city will be satisfied upon completion of the project. (Ord. 3618 § 1, 2/5/2019) 17.46.070 Final certificate—Application—Issuance—Denial and appeal. A. Upon completion of the rehabilitation improvements or new construction as provided in the contract between the applicant and the City, and upon issuance of a temporary certificate of occupancy, or a permanent certificate of occupancy if no temporary certificate is issued, the applicant may request a final certificate of tax exemption. The applicant shall file with the Director such information as the Director may deem necessary or useful to evaluate eligibility for the final certificate, and shall include: 1. A statement of expenditures made with respect to each multi-family housing unit and the total expenditures made with respect to the entire property; 2. A description of the completed work with evidence of final City inspection of all work completed and a statement of qualification for the exemption; 3. A statement that the work was completed within the required three-year period or any authorized extension; and 4. If applicable, a statement that the project meets the affordable housing requirements as described in this chapter. B. Issuance of final certificate. Within 30 days of receipt of all materials required for a final certificate, the Director shall determine whether the completed work, and the affordability of the units, is consistent with the contract between the City and owner and is qualified for exemption under this chapter. 1. If the director determines that the project has been completed in accordance with the contract between the applicant and the City and the requirements of this chapter, including, if applicable, affordable housing requirements, the City shall file a final certificate of tax exemption with the assessor within ten days of the expiration of the 30-day period provided under subsection C of this section. 2. The Director is authorized to require the applicant or owner to record, in the real property records of the Clallam county assessor, the contract with the City required under PAMC 17.46.040.A.8, and such other document(s) as will identify such terms and conditions of eligibility for exemption under this chapter as the Director deems appropriate for recording. 3. The Director shall notify the applicant in writing that the City will not file a final certificate if the Director determines that the project was not completed within the required three-year period or any approved extension, was not completed in accordance with the contract between the applicant and the City and the requirements of this chapter, if applicable, that the affordable housing requirements as described this chapter were not met, or if the owner's property is otherwise not qualified. C. Within 14 days of receipt of the Director's denial of a final certificate, the applicant may file an appeal with the hearing examiner, as provided in PAMC 2.56.050.B. The applicant may appeal the hearing examiner's decision to Clallam County Superior Court, if the appeal is filed within 30 days of receiving notice of the hearing examiner's decision. January 11, 2023 Planning Commission Agenda Packet Page 132 of 161 Created: 2022-06-28 16:29:21 [EST] (Supp. No. 30) Page 126 of 150 (Ord. 3618 § 1, 2/5/2019) 17.46.080 Annual compliance review. A. Within 30 days after the first anniversary of the date of filing the final certificate of tax exemption and each year thereafter, for the tax exemption period, the property owner shall file a notarized declaration with the Director indicating the following: 1. A statement of occupancy and vacancy of the multi-family units during the previous year; and 2. A certification that the property has not changed use and, if applicable, that the property has been in compliance with the affordable housing requirements of this chapter since the date of filing of the final certificate of tax exemption, and continues to be in compliance with the contract with the City and the requirements of this chapter; and 3. A description of any subsequent improvements or changes to the property; and 4. A report on affordable housing utilization, if applicable, including: a. The total monthly rent or total sale amount of each unit produced; b. The income of each renter household at the time of initial occupancy and the income of each initial purchaser of owner-occupied units at the time of purchase for each of the units receiving a tax exemption; and c. Any additional information requested by the city in regards to the units receiving a tax exemption. B. City staff shall have the right to conduct on-site verification of the declaration. C. Failure to submit the annual declaration may result in the t ax exemption being canceled. D. The City shall report annually by December 31st of each year to the Washington State Department of Commerce as required by RCW 84.14.100(2). (Ord. 3618 § 1, 2/5/2019) 17.46.090 Cancellation of tax exemption—Appeal. A. If at any time the Director determines that the property no longer complies with the terms of the contract or with the requirements of this chapter, or for any reason no longer qualifies for the tax exemption, the tax exemption shall be canceled and additional taxes, interest and penalty imposed pursuant to state law. B. Upon determining that a tax exemption shall be canceled, the Director shall notify the property owner by certified mail, return receipt requested. 1. The property owner may appeal the determination by filing a notice of appeal with the hearings examiner within 30 days, specifying the factual and legal basis for the appeal. 2. The hearing examiner will conduct a hearing at which all affected parties may be heard and all competent evidence received. 3. The hearing examiner will affirm, modify or repeal the decision to cancel the exemption based on the evidence received. The hearing examiner shall give substantial weight to the Director's decision and the burden of overcoming that weight shall be upon the appellant. January 11, 2023 Planning Commission Agenda Packet Page 133 of 161 Created: 2022-06-28 16:29:21 [EST] (Supp. No. 30) Page 127 of 150 4. An aggrieved party may appeal the hearing examiner's decision to the Clallam County Superior Court as provided in RCW 34.05.510 through RCW 34.05.598. C. If the property owner sells the affordable multi-family housing units, the new property owner shall file with the City a report indicating that the unit was purchased at a value affordable to low and moderate income persons, to continue to comply with the 20 percent requirement of RCW 84.14.020(1)(ii)(B). D. If the owner intends to convert the multi-family housing to another use, or if applicable, if the owner intends to discontinue compliance with the affordable housing requirements as described in RCW 84.14.020(1)(ii)(B), or any other condition to exemption, the owner must notify the Director a nd the Assessor within 60 days of the change in use or intended discontinuance. If after the issuance of a final tax certificate an owner-occupied multi-family housing unit that initially qualified as a low or moderate- income unit is sold and no longer qualifies as an affordable housing unit, that unit shall lose its tax exempt status and all prior exempt taxes and penalties and interest shall become a lien on the property per RCW 84.14.110 and the subsequent owner shall no longer qualify for the tax exemption. The remaining units' tax exemption status shall not be affected. E. The Director may adopt administrative policies and procedures which are not inconsistent the provisions of this chapter and Chapter 84.14 RCW, to implement the reporting requirement for this section. (Ord. 3618 § 1, 2/5/2019) 17.46.100 Tax exemption program review. A. Not later than the last day of January, 2022, the Director shall report to the Council about the utilization and consequences of the tax exemption created by this Chapter. Such report shall include the number of applications filed, the number of tax exemptions granted, the number of housing units created or rehabilitated, and any facts that indicate whether the tax exemption program created by this Chapter should, or should not, continue to be available past the last day of February, 2022, as now provided i n section 17.46.040.C.1. B. If and when five projects have been granted tax exemptions under this Chapter, the Director shall report to the Council about the utilization and consequences of the tax exemption created by this Chapter. Such report shall include the number of applications filed, the number of projects successfully completed, the number of housing units created or rehabilitated, and any additional facts that indicate whether the tax exemption program created by this Chapter is achieving any of the purposes identified in section 17.46.010.B. (Ord. 3618 § 1, 2/5/2019) 17.47.110 Conflict of provisions. If any provision of this chapter conflicts with any provision of Chapter 84.14 RCW, the provisions of Chapter 84.14 RCW shall apply as if set forth in this chapter. (Ord. 3618 § 1, 2/5/2019) January 11, 2023 Planning Commission Agenda Packet Page 134 of 161 Created: 2022-06-28 16:29:21 [EST] (Supp. No. 30) Page 128 of 150 CHAPTER 17.94 GENERAL PROVISIONS, CONDITIONS AND EXCEPTIONS 17.94.010 Foregoing regulations subject to this chapter. The foregoing regulations pertaining to the several zones must be subject to the general provisions, conditions, and exceptions contained in this chapter. (Ord. 3688 § 36, 12/21/2021; Ord. 2668 § 10 (part), 1/17/1992; Ord. 2238 § 1, 1/3/1983; Ord. 1709 § 1 (part), 12/22/1970) 17.94.020 Lot area not to be reduced, exceptions. A. De minimis variance: Adjustment to the lot area of no more than five percent of the minimum lot size established by the underlying zone. (Ord. 3688 § 36, 12/21/2021; Ord. 3644 § 1, 11/6/2019; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2668 § 10 (part), 1/17/1992; Ord. 2666 § 8 (part), 1/17/1992; Ord. 2238 § 2, 1/3/1983; Ord. 1709 § 1 (part), 12/22/1970) 17.94.030 Reserved. Editor's note(s)—Ord. 3688 § 36, adopted Dec. 21, 2021, repealed § 17.94.030 entitled "Use of lots or parcels containing more than minimum required lot area," which derived from: Ord. 3577 § 1, adopted Mar. 21, 2017; Ord. 3272, adopted Feb. 16, 2007; Ord. 2668 § 10 (part), adopted Jan. 17, 1992; Ord. 2238 § 3, adopted Jan. 3, 1983; and Ord. 1709 § 1 (part), adopted Dec. 22, 1970. 17.94.040 Yards to be enclosed within a solid fence. A. Every wrecking, salvage, junk, used lumber yards, equipment and material storage yards must be completely enclosed within a building or within a continuous solid fence n o less than six feet in height or to a greater height if such height is needed to screen completely all the operations of such yards. B. Salvage and building material establishments must contain all items for display or sale within a structure or behind a sight-obscuring fence not less than six feet in height. No part of any required front, side or rear yard setbacks must be used for the sale or display of any said items. (Ord. 3688 § 36, 12/21/2021; Ord. 3688 § 36, 12/21/2021; Ord. 3577 § 1, 3/21/2017) Editor's note(s)—Ord. 3577 § 1, adopted Mar. 21, 2017, deleted § 17.94.040 entitled "Measurement of front and side yards", and enacted a new section as set out herein. The former § 17.94.040 derived from Ord. 2668 § 10 (part), adopted Jan. 17, 1992; Ord. 2238 § 5, adopted Jan. 3, 1989; and Ord. 1709 § 1 (part), adopted Dec. 22, 1970. 17.94.050 Vacated streets. Vacated streets, alleys, places and cul-de-sacs must assume the zone classifications of the property that adjoined such street, alley, place or cul-de-sac prior to vacation. Where zone classification differs from one side to the other the boundary line must be at the former center line of such vacated street, alley, place or cul-de-sac. January 11, 2023 Planning Commission Agenda Packet Page 135 of 161 Created: 2022-06-28 16:29:22 [EST] (Supp. No. 30) Page 129 of 150 (Ord. 3688 § 36, 12/21/2021; Ord. 3577 § 1, 3/21/2017) 17.94.060 Yard requirements for property abutting half -streets or streets designated by an official control. A. A building or structure must not be erected on a lot that abuts a street having only a portion of its required width dedicated and where no part of such dedication would normally revert to said lot if the street were vacated, unless the yards provided and maintained in connection with such building or structure have a width or depth of that portion of the lot needed to complete the road width plus the width or depth of the yards required on the lot by these regulations. B. This section applies to all zones. C. Where an official control adopted pursuant to law includes plans for widening of existing streets, the connecting of existing streets, or the establishment of new streets, the placement of buildings and the maintenance of yards, where required by these regulations, must relate to the future street boundaries as determined by said official control. (Ord. 3688 § 36, 12/21/2021; Ord. 3272, 2/16/2007; Ord. 2668 § 10 (part), 1/17/1992; Ord. 2238 § 7, 1/3/1983; Ord. 1709 § 1 (part), 12/22/1970) 17.94.065 Development standards for conditional uses in residential zoning. TABLE A CONDITIONAL USES IN RESIDENTIAL SINGLE-FAMILYSINGLE-HOUSEHOLD ZONES THAT HAVE SPECIAL DEVELOPMENT STANDARDS Uses Lot Area Lot Width Yard Requirements Lot Coverage Signs Per Site Front Interior Side Corner Side Rear Art Galleries and museums * * * * * * * 10 sq. ft. unlit or indirectly lit Bed and breakfasts in R-7, R-9, and R-11 See PAMC Chapter 17.18 * * * * * * Two 5 sq. ft. signs indirectly lit Child care 7,000 sq. ft. * * * * * 0 5 sq. ft. unlit Churches or other places of worship 25,000 sq. ft. 100 ft. 35 ft. 35 ft. 35 ft. 35 ft. 0 24 sq. ft. of reader board signage indirectly lit Communication transmission structures, radio/TV stations and towers * * * * * * * 10 sq. ft. unlit Duplexes: * * * * * * January 11, 2023 Planning Commission Agenda Packet Page 136 of 161 Created: 2022-06-28 16:29:22 [EST] (Supp. No. 30) Page 130 of 150 Libraries ½ acre 100 ft. 35 ft. 35 ft. 35 ft. 35 ft. * 10 sq. ft. unlit Nursing, convalescent homes, assisted living facilities 1 acre 200 ft. 30 ft. 20 ft. 20 ft. 40 ft. * 10 sq. ft. unlit Public parks and recreation facilities 20 sq. ft. unlit Public utility structures 9,000 sq. ft. 75 ft. 25 ft. 8 ft. 25 ft. 10 ft. * 20 sq. ft. unlit Public and private schools: Elementary schools 5 acres + 1 acre per ea. 100 students 40 ft. 40 ft. 40 ft. 40 ft. 40 ft. 25% 100 sq. ft. Middle, Jr. and Sr. high schools 10 acres + 1 acre per ea. 100 students 40 ft. 40 ft. 40 ft. 40 ft. 40 ft. 25% 100 sq. ft. * See applicable zone for minimum standards. (Ord. 3688 § 36, 12/21/2021; Ord. 3644 § 1, 11/6/2019; Ord. 3577 § 1, 3/21/2017) 17.94.070 Reserved. Editor's note(s)—Ord. 3688 § 36, adopted Dec. 21, 2021, repealed § 17.94.070 entitled "Development standards for an accessory dwelling unit (ADU)," which derived from: Ord. 3644 § 1, adopted Nov. 6, 2019; and Ord. 3577 § 1, adopted Mar. 21, 2017. 17.94.075 Exception to yard requirement. When the side lot line of a lot in any zone adjoins the side lot line of a lot in a more restrictive zone, the adjoining side yard for such lot must not be less than the minimum side yard required in the more restrictive zone. (Ord. 3688 § 36, 12/21/2021; Ord. 3577 § 1, 3/21/2017; Ord. 3272, 2/16/2007; Ord. 2668 § 10 (part), 1/17/1992; Ord. 2238 § 8, 1/3/1983; Ord. 1709 § 1 (part), 12/22/1970) Note(s)—See the editor's note to § 17.94.070. 17.94.080 Yard and unobstructed space regulations. Except as provided in this chapter, every required yard and unobstructed space mu st be open and unobstructed from the ground to the sky. No yard or unobstructed space provided around any building for the purpose of complying with the provisions of these regulations must be considered as providing a yard or unobstructed space on an adjoining lot or parcel whereon a building is to be erected. January 11, 2023 Planning Commission Agenda Packet Page 137 of 161 Created: 2022-06-28 16:29:22 [EST] (Supp. No. 30) Page 131 of 150 (Ord. 3688 § 36, 12/21/2021; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2668 § 10 (part), 1/17/1992; Ord. 2238 § 9, 1/3/1983; Ord. 1709 § 1 (part), 12/22/1970) 17.94.090 Vision clearance. All corner and reverse corner lots must maintain a triangular area within which no tree, fence, shrub, w all or other physical obstruction must be permitted higher than 30 inches above the established grade for vision safety purposes. Said triangular area must be measured as follows: A. Street intersections. At any intersection of two streets, curbs or sidewalks, two sides of said triangular area must extend 20 feet along both improvements, measured from their point of intersection. B. Street and alley intersections. At any intersection of street and alley rights-of-way, two sides of said triangular area must extend ten feet along both rights-of-way, measured from their point of intersection. C. Street and driveway intersections. At any intersection of a street, curb or sidewalk and a driveway, the sides of each required triangular area must extend ten feet along the street right-of-way line and 20 feet along the edge of the driveway, measured from the point of intersection of each side of the driveway and the street right-of-way line. (Ord. 3688 § 36, 12/21/2021; Ord. 3644 § 1, 11/6/2019; Ord. 3272, 2/16/2007; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2668 § 10 (part), 1/17/1992; Ord. 2238 § 10, 1/3/1983; Ord. 1709 § 1 (part), 12/22/1970) 17.94.100 Driveways. Width, location and number of curb-cuts for driveways per lot must be as specified in the City of Port Angeles Urban Services Standards and Guidelines Manual. (Ord. 3688 § 36, 12/21/2021; Ord. 3572 § 23, 12/20/2016; Ord. 3272, 2/16/2007; Ord. 2668 § 10 (part), 1/17/1992; Ord. 2238 § 11, 1/3/1983; Ord. 1709 § 1 (part), 12/22/1970) 17.94.110 Parking space regulations. All space used for the sale, display, or parking of any merchandise or vehicles must be confined to the property lines. No space for the sale, display, or parking of any merchandise or vehicles must be permitted in the right-of- way of any public street, unless a right-of-way use permit is first obtained. Discretionary approvals required under the Zoning Code may be conditioned to require the necessary screening, lighting, entrances, and exits for off -street parking. (Ord. 3688 § 36, 12/21/2021; Ord. 3577 § 1, 3/21/2017) 17.94.120 Permitted intrusions into required yards. The following intrusions may project into any required yards: A. Fireplace structures not wider than eight feet measured in the general direction of the wall of which it is a part. B. Exterior residential elevators not greater than three feet in depth nor wide r than eight feet measured in the general direction of the wall of which it is a part. C. Unenclosed, uncovered or covered porches, terraces, or landings, when not extending above the first floor of the building, may extend not more than six feet into the front yard setback, eight feet into the January 11, 2023 Planning Commission Agenda Packet Page 138 of 161 Created: 2022-06-28 16:29:22 [EST] (Supp. No. 30) Page 132 of 150 rear yard setback and three feet into the side yard setback. Open railing or grillwork in conformance with the International Building Code may be constructed around any such porch, terrace or landing. D. Planting boxes or masonry planters not exceeding 30 inches in height may extend a maximum of three feet into any required front yard. E. Porches, decks, platforms, walks, driveways, etc., not more than 30 inches above grade. F. Plazas and common outdoor recreation areas. G. Eaves with a maximum overhang of 30 inches. H. Detached accessory buildings within the rear one-third of a lot are permitted not closer than three feet to side nor ten feet to rear property lines or alleys. (Ord. 3688 § 36, 12/21/2021; Ord. 3644 § 1, 11/6/2019; Ord. No. 3441 § 10, 11/15/2011; Ord. 3272, 2/16/2007; Ord. 2668 § 10 (part), 1/17/1992; Ord. 2636 § 15, 5/15/1991; Ord. 2488 § 1 (part), 5/27/1988; Ord. 2238 § 13, 1/3/1983; Ord. 1709 § 1 (part), 12/22/1970) 17.94.130 Lot coverage exemptions. The following must be exempt from the maximum lot coverage requirements of any zone: A. Sidewalks, driveways, and uncovered off-street parking spaces. B. The first 30 inches of eaves. C. Uncovered swimming pools and hot tubs. D. Uncovered, unenclosed decks and platforms not more than 30 inches above grade. E. Systems that allow the infiltration of stormwater into the underlying soils, such as permeable pavement and bioretention facilities, are not counted against lot coverage calculations. F. A professional engineer licensed in the State of Washington is required to perform infiltration assessment for sites which add 5,000 square feet or more of new or replaced hard surface area. (Ord. 3688 § 36, 12/21/2021; Ord. 3644 § 1, 11/6/2019; Ord. 3572 § 23, 12/20/2016; Ord. 3343 § 9, 1/1/2009; Ord. 3272, 2/16/2007; Ord. 2668 § 10 (part), 1/17/1992; Ord. 2488 § 1 (part), 5/27/1988; Ord. 2238 § 14, 1/3/1983; Ord. 1709 § 1 (part), 12/22/1970) 17.94.135 Stormwater site coverage exemptions. Systems that are not hard surfaces and allow the infiltration of stormwater into the underlying soils, such as bioretention facilities, are exempt from the maximum site coverage requirements of any zone. All applicants seeking exemptions under this section are required to participate in a pre-application review meeting with City staff. A professional engineer licensed in the State of Washington is required to perform infiltration assessment for sites which add 5,000 square feet or more of new or replaced h ard surface area. (Ord. 3688 § 36, 12/21/2021; Ord. 3644 § 1, 11/6/2019; Ord. 3572 § 23, 12/20/2016; Ord. 3343 § 9, 1/1/2009) 17.94.140 Walls and fences. In all residential zones a wall or fence must be no taller than four feet within the front building setback area, provided that a height of six feet is permitted within the front setback area if the top two feet is constructed of January 11, 2023 Planning Commission Agenda Packet Page 139 of 161 Created: 2022-06-28 16:29:22 [EST] (Supp. No. 30) Page 133 of 150 material that is at least 50 percent open work. The fence height may be a maximum six feet between the front setback line and mid-point of the lot. The fence height may be a maximum of eight feet from the mid-point of a lot to the rear property line, provided that the top two feet is constructed of a material that is at least 25 percent open (Note: lattice is 25 percent open). All vision clearance requirements per section 17.94.090 (driveways, street and alley corners) must be maintained. The finished side (side without the support) of a fence must face the neighboring property or if on a corner lot must face the street. Fence post supports may contain a decorative cap that does not exceed six inches above the maximum fenc e height. A maximum fence height of six feet is permitted in commercial zones. Barbed wire or electric fencing is only allowed above six feet from the ground on fences that are solid or chain link. (Ord. 3688 § 36, 12/21/2021; Ord. 3644 § 1, 11/6/2019; Ord. No. 3441 § 11, 11/15/2011; Ord. 3272, 2/16/2007; Ord. 2954 § 2, 3/28/1997; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2668 § 10 (part), 1/17/1992; Ord. 2238 § 15, 1/3/1983; Ord. 1709 § 1 (part), 12/22/1970) 17.94.150 Storage of merchandise or vehicles in yards and rights-of-way. A. In residential and commercial zones, the storage of merchandise, appliances or vehicles in front or side yards must be prohibited; provided, however, that car dealerships, boat sales, lumber yards, nurseries, and car rental services must be exempt from this requirement. B. In no zone must the storage of any articles or vehicles be permitted to extend into public rights -of-way. (Ord. 3688 § 36, 12/21/2021; Ord. 3272, 2/16/2007; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2668 § 10 (part), 1/17/1992; Ord. 2390 § 1, 5/30/1986; Ord. 2238 § 16, 1/3/1983; Ord. 1709 § 1 (part), 12/22/1970) 17.94.155 Use of residential streets. Subject to any other regulation of the use of streets under this Code, no owner or occupant of land abutting a public street, which land or street is in a residential zone or is the boundary of a residential zone, may use such street for the habitual or overnight parking or storage of commercial motor vehicles or trailers. Excepted from this prohibition is the parking on the street of one commercially used vehicle that is driven to and from the work place by the owner or occupant of the dwelling unit. (Ord. 3688 § 36, 12/21/2021; Ord. 3272, 2/16/2007; Ord. 2862, 4/14/1995) January 11, 2023 Planning Commission Agenda Packet Page 140 of 161 Created: 2022-06-28 16:29:22 [EST] (Supp. No. 30) Page 134 of 150 17.94.170 Reserved. Editor's note(s)—Ord. 3688 § 36, adopted Dec. 21, 2021, repealed § 17.94.170 entitled "Exception to height requirement," which derived from: Ord. 3272, adopted Feb. 16, 2007; and Ord. 2861 § 1 (part), adopted Mar. 17, 1995. 17.94.175 Exceptions to area requirements. For the purpose of encouraging the construction of off-street parking under or within a building rather than in rear, side, or front yards, the following exceptions to minimum lot areas must be permitted. For each ten-foot by 20-foot area to be permanently reserved and used for a parking space under or within a building, a lot area credit of 300 square feet must be permitted. Said lot area credit can be deducted from the required minimum lot area, or can be used to increase a proportional number of permitted dwelling units in motels and multi-family structures. (Ord. 3688 § 36, 12/21/2021; Ord. 3577 § 1, 3/21/2017) 17.94.180 Minor deviations. A. A minor deviation from front, side, and rear yard setbacks, lot coverage, and height requirements established in this title may be granted by the Director of Community and Economic Development in accordance with the provisions of this section. B. A minor deviation may be granted if all of the following findings are made: 1. The granting of the minor deviation is consistent with the purpose of the zone in which the property is located and the project is otherwise consistent with the requirements of said zone. 2. Because of special circumstance, the strict application of the zoning ordinance results in an undue hardship upon the applicant. 3. The minor deviation will not be materially detrimental to the public welfare or injurious to property or improvements in the vicinity and zone in which the subject property is located. 4. The minor deviation is not greater than ten percent of the requirement being deviated from. C. Any applications that are not granted a minor deviation by the Director of Community and Economic Development pursuant to this section must obtain a variance through the City's normal variance procedure as set forth in Chapter 2.52 PAMC. (Ord. 3688 § 36, 12/21/2021; Ord. 3272, 2/16/2007; Ord. 2956 § 4, 4/25/1997) 17.94.185 Non-zoned annexation areas. Any area not zoned by the City prior to annexation must automatically upon annexation be classified and subject to the provisions, restrictions, and requirements of the zone most consistent with the City's comprehensive plan as determined by the City. (Ord. 3688 § 36, 12/21/2021; Ord. 3577 § 1, 3/21/2017) January 11, 2023 Planning Commission Agenda Packet Page 141 of 161 Created: 2022-06-28 16:29:22 [EST] (Supp. No. 30) Page 135 of 150 17.94.190 Exceptions, variances and adjustments to stormwater development minimum requirements. A. Exceptions/variances (exceptions) to the stormwater development minimum requirements may be granted by the Director of Community and Economic Development following legal public notice of an application for an exception or variance, legal public notice of the Director's decision on the application, and written findings of fact that documents the Director's determination to grant an exception. The Director may grant an exception to stormwater d evelopment minimum requirements if such application imposes a severe and unexpected economic hardship. To determine whether the application imposes a severe and unexpected economic hardship on the project applicant, the applicant must provide written documentation considering the following: 1. The current (pre-project) use of the site; and 2. How the application of the minimum requirement(s) restricts the proposed use of the site compared to the restrictions that existed prior to the adoption of the minimum req uirements; and 3. The possible remaining uses of the site if the exception were not granted; and 4. The uses of the site that would have been allowed prior to the adoption of the minimum requirements; and 5. A comparison of the estimated amount and percentage of value loss as a result of the minimum requirements versus the estimated amount and percentage of value loss as a result of requirements that existed prior to adoption of the minimum requirements; and 6. The feasibility for the owner to alter the project to apply the minimum requirements. B. The Director must consider and document with findings of fact the applicant's request. In addition, the Director must determine and document the exception meets the following criteria: the exception will not increase risk to the public health and welfare, nor be injurious to other properties in the vicinity and/or downstream, and to the quality of waters of the state; and the exception is the least possible exception that could be granted to comply with the intent of the stormwater development minimum requi rements. C. Adjustments to the minimum requirements may be granted by the Director provided that a written finding of fact is prepared, that addresses the following: 1. The adjustment provides substantially equivalent environmental protection. 2. Based on sound engineering practices, the objectives of safety, function, environmental protection and facility maintenance, are met. (Ord. 3688 § 36, 12/21/2021; Ord. 3568 § 2, 12/20/2016) January 11, 2023 Planning Commission Agenda Packet Page 142 of 161 Created: 2022-06-28 16:29:22 [EST] (Supp. No. 30) Page 136 of 150 CHAPTER 17.95 NONCONFORMING SITUATIONS11 17.95.010 Purpose. It is the purpose and intent of this chapter to recognize that some lots, structures and uses within the community were established prior to the adoption of these Zoning Regulations, and subsequent amendments, and do not conform to the present requirements of the zone in which they are located. It is further the intent of the City to allow legal nonconforming lots, structures and uses to continue, but to prohibit or limit the enlargement, expansion or extension of such uses to ensure the underlying purpose of the City's zoning districts are upheld and abide by the goals and policies of the comprehensive plan. These provisions provide for the development of the community's platted lots, the allowance of repair and rehabilitation of the community's existing an d historic building stock and the orderly termination of nonconforming structures and uses to promote the public health, safety, and general welfare, and to bring these structures and uses to conformity with the goals and policies of the comprehensive plan. This chapter is intended to prevent the expansion of nonconforming structures and uses to the maximum extent feasible, to establish criteria under which such structures and uses may be continued or possibly expanded, and to provide for the correction or removal of such nonconformities in an equitable, reasonable and timely manner. (Ord. 3577 § 1, 3/21/2017) 17.95.020 Nonconforming lots. A. Substandard lots, recorded lots. Substandard lots of record that have less than the minimum required area or width in any zone, and the lot was of record on the effective date of these zoning regulations (January 4, 1971), such lot shall be deemed to have complied with the minimum required lot area or width, in such zone. B. Compliance with bulk and dimensional requirements. All new structures or additions to structures on any nonconforming lot must meet all setback, height and other construction requirements for the zone in which the property is located. C. Boundary line adjustments, restrictive covenants, and parcel consolidation. A boundary line adjustment, restrictive covenant, or parcel consolidation approved by the City shall be required prior to issuance of a building permit when a nonconforming and conforming lot are contiguous and owned by the same person. A building or structure may be permitted on said lot of record providing it meets all other requirements for such zone. (Ord. 3577 § 1, 3/21/2017) 11Editor's note(s)—Ord. 3577 § 1, adopted Mar. 21, 2017, deleted Ch. 17.95 and enacted a new chapter as set out herein. The former Ch. 17.95 §§ 17.95.010—17.95.170, entitled "Special Provisions," derived from: Ord. 3548 § 24, adopted Jan. 5, 2016; Ord. 3517 § 9, adopted Oct. 21, 2014; Ord. 3272, adopted Feb. 16, 2007; Ord. 3123 §§ 24, 25, adopted Oct. 11, 2002; Ord. 3009 § 1, adopted Feb. 12, 1999; Ord. 2948 § 5 (part), adopted Feb. 14, 1997; Ord. 2861 § 1 (part), adopted Mar. 17, 1995; Ord. 2742 § 1, adopted Jan. 29, 1993; Ord. 2668 §§ 10, 11 (part), adopted Jan. 17, 1992; Ord. 2636 § 16 (part), adopted May 15, 1991; Ord. 2595 § 9, adopted June 27, 1990; Ord. 2334 § 2, adopted Apr. 10, 1985; and Ord. 1709 § 1 (part), adopted Dec. 22, 1970. January 11, 2023 Planning Commission Agenda Packet Page 143 of 161 Created: 2022-06-28 16:29:22 [EST] (Supp. No. 30) Page 137 of 150 17.95.030 Nonconforming uses. A. Continuance of nonconforming use. Any use lawfully existing prior to the adoption date of t hese Zoning Regulations (January 4, 1971) may be continued at the size and in the manner of operation existing upon such date, except as hereinafter specified. B. Termination of nonconforming use. Except as otherwise specified in this chapter, the right to operate and maintain a nonconforming use shall terminate when the structure(s) or building(s) housing such use are destroyed by any means to an extent of more than 75 percent of its replacement cost at the time of destruction. Replacement cost is determined by utilizing the most currently adopted City of Port Angeles building valuations as established for building permits. However, in the event a structure or building housing a nonconforming use is damaged by natural disaster or catastrophe, including fire, the nonconforming use may be reestablished through a conditional use permit procedure as set forth in Chapter 17.96 of this title. Such reestablishment shall comply to the maximum extent reasonably feasible with the requirements of these Zoning Regulations . C. Changes to or expansions of nonconforming uses. When any lawful nonconforming use of any structure or land in any district has been changed to a conforming use, it shall not thereafter be changed to any nonconforming use, except as hereinafter specified. 1. Lawful nonconforming nonresidential use. A lawful nonconforming nonresidential use may be changed to another nonconforming nonresidential use, or expanded, by obtaining an administrative conditional use permit as described in Chapter 17.96 of this Title. a. Criteria. To approve a conditional use permit to change or expand a nonconforming nonresidential use, the proposed nonconforming use must be more appropriate to the zone where the property containing the use is located than the existing nonconforming use, and that no unsafe or unhealthy conditions are perpetuated. In making such a determination, the following criteria in addition to the criteria applicable to all conditional use permits shall be considered: 1) Traffic impacts, both on-site and off-site; 2) Off-street parking and loading requirements; 3) The visual impact on the surrounding area; 4) The degree of compliance with the adopted growth policy and this chapter; 5) The level of conflict with other uses in the surrounding area; 6) The presence of other nonconformities in the surrounding area; 7) The degree to which any existing unsafe or hazardous conditions would be mitigated; 8) The viability of the subject structure; and 9) On-site and off-site impacts from noise, dust, smoke, surface or groundwater contamination, or other environmental impacts. 2. Lawful nonconforming residential use. A lawful nonconforming residential use may be reduced in terms of the number of dwelling units, in an effort to achieve greater conformance with the underlying zone. A lawful nonconforming residential use shall not be permitted to increase the number of dwelling units. The expansion of a nonconforming residential use may occur up to 20 percent of the existing total residential area, as long as the number of dwelling units on the lot is not increased. Any expansion beyond 20 percent of the existing total residential area, requires an administrative conditional use permit to be obtained per the criteria listed in subsection January 11, 2023 Planning Commission Agenda Packet Page 144 of 161 Created: 2022-06-28 16:29:22 [EST] (Supp. No. 30) Page 138 of 150 17.95.030.C.1.a PAMC. In instances where new construction is allowed, all appropriate development review approvals as required by the PAMC and a City building permit shall be obtained prior to the initiation of construction. 3. Reconversion to single-familysingle-household residence. Any single-familysingle-household residence lawfully constructed in the Commercial, Neighborhood (CN) and Community Shopping District (CSD) zones before January 4, 1971, which was subsequently converted to a permitted use as set forth in PAMC 17.21.040 and 17.22.040, may be reconverted to a single-familysingle- household residence if the following conditions are met: a. The repairs, alteration, and remodel meet all applicable zoning and fire and building code requirements; b. The alterations do not include demolition of the existing legal building or structure to an extent of more than 75 percent of its replacement cost at the time of demolition. Replacement cost is determined by utilizing the most currently adopted City of Port Angeles building valuations as established for building permits; and c. Project plans and construction timeline are approved in advance by the City and the alterations do not continue beyond one year from the date that alterations commence. D. Repairs, alteration, remodeling. A legal, conforming building or structure housing a nonconforming use shall be permitted to be repaired, altered and remodeled, providing said repairs, alteration, and remodel meet all applicable zoning and fire and building code requirements and provided further that said alterations do not: 1. Intensify or otherwise redefine the nonconforming use; 2. Include demolition of the existing legal building or structure to an extent of more than 75 percent of its replacement cost at the time of demolition. Replacement cost is determined by utilizing the most currently adopted City of Port Angeles building valuations as established for building permits; and 3. Project plans and construction timeline are approved in advance by the City and the alterations do not continue beyond one year from the date that alterations commence. E. Change of ownership. Change in ownership, tenancy, or management of a legal nonconforming use shall not affect its nonconforming status; provided, that the use does not change or intensify. F. Abandonment. If any legal nonconforming use is abandoned and/or ceases for any reason whatsoever for a continuous period of one year, any future use of such land and/or building or structure shall be in conformity to the zone in which it is located as specified by these regulations. G. Nonconformance as a result of annexation. All above regulations shall apply to each nonconforming use that comes within the City by means of annexation from date of annexation. H. Building permits and certificates of occupancy prohibited. When any nonconforming use is no longer permitted pursuant to the provisions of this chapter, no permit for a use shall thereaft er be issued for further continuance, alteration or expansion. Any permit issued in error shall not be construed as allowing the continuance of the nonconforming use. (Ord. 3645 § 1, 11/6/2019; Ord. 3577 § 1, 3/21/2017) 17.95.040 Nonconforming structures. A. Continuance of nonconforming structure. Any structure or building lawfully existing prior to the adoption date of these Zoning Regulations (January 4, 1971) may be continued at the size and in the location January 11, 2023 Planning Commission Agenda Packet Page 145 of 161 Created: 2022-06-28 16:29:22 [EST] (Supp. No. 30) Page 139 of 150 existing upon such date except as hereinafter specified, or in the case of signage as specified in Title 14 PAMC. B. Termination of nonconforming structure. Except as otherwise specified in this chapter, the right to maintain the size and location of a nonconforming structure or building shall terminate when the structure(s) or building(s) are destroyed by any means to an extent of more than 75 percent of its replacement cost at the time of destruction. Replacement cost is determined by utilizing the most currently adopted City of Port Angeles building valuations as established for building permit s. However, in the event a legal, nonconforming structure or building is damaged by natural disaster or catastrophe, including fire, the nonconforming structure may be reestablished to the extent that it existed before the time of damage, and within the pre-existing, nonconforming structure boundaries, provided that the restoration or reconstruction do not increase the degree of nonconformity and provided that such restoration or reconstruction begins within one year of the date of such damage. C. Minor repairs. An existing legal, nonconforming building or structure that does not comply with zoning requirements shall be permitted to be repaired. D. New construction. An existing legal building or structure that does not comply with zoning and building code requirements shall be permitted to be altered, remodeled and expanded, providing the alteration, remodel and expansion meet all applicable zoning and fire and building code requirements and provided further that said new construction does not: 1. Increase in the degree of nonconformity by more than one percent. 2. Include demolition of the existing legal, nonconforming building or structure to an extent of more than 75 percent of its replacement cost at the time of demolition. Replacement cost is determined by utilizing the most currently adopted City of Port Angeles building valuations as established for building permits; and 3. Continue beyond two years from the date that new construction commences, or if such date is unknown, then the date that the new construction were first reported, or reasonably capable of being reported, to the City. The extent of damage to or demolition of a nonconforming building or structure shall be determined by the Building Official. If any aggrieved party disputes the Building Official's determination of the extent of the damage or demolition, a review by a third party (by a City approved consultant) may be obtained. All costs incurred in obtaining this third party review are to be paid by the aggrieved party. E. Nonconformance as a result of annexation. All above regulations shall apply to each nonconforming structure or building that comes within the City by means of annexation. F. Building permits and certificates of occupancy prohibited . When any nonconforming structure is no longer permitted pursuant to the provisions of this chapter, no permit for a structure shall thereafter be issued for further continuance, alteration, or expansion. Any permit issued in error shall not be construed as allowing the continuation of the nonconforming structure. (Ord. 3577 § 1, 3/21/2017) 17.95.050 Removal of illegal nonconforming structures and uses. Nothing contained in this chapter shall be construed to allow for the continuation of illegal structures and uses. Illegal structures and uses shall be removed subject to the provisions of Chapter 8.30, Nuisances, PAMC. (Ord. 3577 § 1, 3/21/2017) January 11, 2023 Planning Commission Agenda Packet Page 146 of 161 Created: 2022-06-28 16:29:22 [EST] (Supp. No. 30) Page 140 of 150 CHAPTER 17.96 ADMINISTRATION AND ENFORCEMENT 17.96.010 Scope of regulations. A. All buildings erected hereafter, all uses of land or buildings established hereafter, all structural alteration or relocation of existing buildings occurring hereafter, all enlargements of or additions to existing uses occurring hereafter, shall be subject to these zoning regulations that are applicable to the zones in which such buildings, uses, or land shall be located. B. Where a building permit for a building or structure has been issued in accordance with law prior to the effective date of these zoning regulations, and provided that construction has begun by said dat e, said building or structure may be completed in accordance with the approved plans on the basis of which the building permit has been issued, and upon completion may be occupied under a certificate of occupancy by the use for which originally designated, subject thereafter to the provisions in regard to nonconforming buildings, uses and structures. (Ord. 3272, 2/16/2007; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2668 § 12 (part), 1/17/1992; Ord. 1709 § 1 (part), 12/22/1970) 17.96.020 Interpretation. A. In the interpretation and application of these zoning regulations, the provisions of these regulations shall be held to be the minimum requirements for the promotion of public health, safety and welfare. B. Where the conditions imposed by any provisions of these zoning regulations upon the use of land or buildings or upon the bulk of buildings are either more restrictive or less restrictive than comparable conditions imposed by any other provision of these zoning regulations or of any other law, ordinance, resolution, rule, or regulation of any kind, the regulations that are most restrictive (or that impose higher standards or requirements) shall govern. C. These zoning regulations are not intended to abrogate any easement, covenant, or any other private agreement; PROVIDED that where these regulations are more restrictive (or impose higher standards or requirements) than such easements, covenants, or other private agreements, the requirements in these zoning regulations shall govern. D. No building, structure, or use that was not lawfully existing at the time of the adoption of these zoning regulations shall become or be made lawful solely by reason of the adoption of these zoning regulations, and to the extent and in any manner that said unlawful building, structure or use conflicts with the requirements of these zoning regulations, said building, structure, or use remains unlawful. (Ord. 3272, 2/16/2007; Ord. 2668 § 12 (part), 1/17/1992; Ord. 1709 § 1 (part), 12/22/1970) 17.96.025 Nonresidential dwelling prohibition. House trailers, automobiles, automobile trailers, mobile homes, park model manufactured homes, boats, recreation vehicles, vacation trailers and campers shall not be used for residential purposes in the City of Port Angeles except in approved trailer parks, the Port Angeles Boat Haven (boats only), or as permitted by section 17.95.060 PAMC (Temporary Use Permit). (Ord. 3390 § 11, 1/30/2010; Ord. 3272, 2/16/2007; Ord. 3155 § 18, 1/30/2004) January 11, 2023 Planning Commission Agenda Packet Page 147 of 161 Created: 2022-06-28 16:29:22 [EST] (Supp. No. 30) Page 141 of 150 17.96.030 Rules for interpreting zoning boundaries. A. When uncertainty exists as to the boundaries of zones as indicated on the Official Zoning Map, the following rules shall apply: 1. Boundaries shown on the zoning map as approximately following the centerline of streets, alleys, highways or City limits shall be construed as following such centerlines and City limits. 2. Distances not specifically indicated on the zoning map shall be determined by a pplying the scale of the map. 3. Where a zone boundary line parallel, or approximately parallel, to a street divides a lot or property in single ownership having street frontage in a less restrictive zone, the provisions applicable to the less restrictive zone may be extended to the entire lot, but in no case for a distance of more than 25 feet. Where such zone boundary line divides a lot having street frontage only in a more restrictive zone, the provisions of these regulations covering the more restrictive portion of such lot shall extend to the entire lot. 4. Where a zone boundary line divides a lot of single ownership and such line is at right angles or approximately at right angles to the street, highway or place upon which said lot fronts, the provisions of these regulations applicable in the less restrictively zoned portion of the lot may be extended to the entire lot or for a distance of 25 feet from such zone boundary line, whichever is the lesser distance. 5. Where a zone boundary line, as indicated on the zoning map, follows the top or bottom of a bluff or bank, such line shall be at the point that is the average grade of the slope for the bank and top, or bottom, as determined by the City Engineer. B. Interpretation on zoning boundaries shall be made consistent with the City's Comprehensive Plan goals, policies and objectives. (Ord. 3272, 2/16/2007; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2668 § 12 (part), 1/17/1992; Ord. 1709 § 1 (part), 12/22/1970) 17.96.040 Substandard lots, recorded lots. When a lot has less than the minimum required area or width in any zone, and said lot was of record on the effective date of these zoning regulations (January 4, 1971), such lot shall be deemed to have complied with the minimum required lot area or width, in such zone. A building or structure may be permitted on said lot of record providing it meets all other requirements for such zone. (Ord. 3272, 2/16/2007; Ord. 3009 § 2, 2/12/1999; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2668 § 12 (part), 1/17/1992; Ord. 2238 § 17, 1/3/1983; Ord. 1709 § 1 (part), 12/22/1970) 17.96.045 Zoning lot covenants—Applicability. Zoning lot covenants, as defined in PAMC 17.08.130.C, may only be used to allow a prop erty owner to designate two or more adjacent lots as a single lot of record, when the existing two or more lots: A. Have a legal residential structure encroaching onto said lots; or B. Results in a lot that meets the zoning and subdivision requirements. January 11, 2023 Planning Commission Agenda Packet Page 148 of 161 Created: 2022-06-28 16:29:22 [EST] (Supp. No. 30) Page 142 of 150 A zoning lot covenant is not intended to allow the circumvention of applicable platting regulations and is intended to allow the consolidation of properties by a property owner for development and use by the owner. The covenant shall be recorded with the County Auditor's Office and a copy of the recorded covenant shall be provided to the Department of Community and Economic Development. Once filed, the covenant may only be removed through compliance with RCW 58.17 and Chapter 16.04 or 16.08. (Ord. 3577 § 1, 3/21/2017); Ord. 3272, 2/16/2007; Ord. 2863 § 1, 4/14/1995) 17.96.050 Conditional use permit. A. The Hearing Examiner shall consider applications for conditional use permits of uses as specified in the applicable chapter of the zoning regulations. The Hearing Examiner may grant said permits that are consistent and compatible with the purpose of the zo ne in which the use is located, consistent with the Comprehensive Plan, and not contrary to the public use and interest. The Hearing Examiner may refuse to issue a conditional use permit if the characteristics of the intended use as related to the specific proposed site are such as would defeat the purpose of these zoning regulations by introducing incompatible, detrimental or hazardous conditions. B. In each application the Hearing Examiner may impose whatever restrictions or conditions they consider essential to protect the public health, safety and welfare, and to prevent depreciation of neighboring property. C. Purpose of a conditional use permit: the purpose of a conditional use permit shall be to assure that the maximum degree of compatibility between uses shall be attained. The purpose of these regulations shall be maintained with respect to the particular use of the particular site and in consideration of other existing and potential uses within the general area in which such use is to be located. D. The Federal Fair Housing Act requires that reasonable accommodations be made in rules policies, practices, or services, when such accommodations may be necessary to afford disabled people equal opportunity to use and enjoy a dwelling. The Planning Commission is therefore authorized to make accommodations in the consideration of Conditional Use permits for group homes for disabled persons as defined in the federal Fair Housing Act, when the Commission determines that such accommodations reasonably may be necessary in order to comply with such act. (Ord. 3548 § 25, 1/5/2016; Ord. 3272, 2/16/2007; Ord. 3042 § 3 (part) 1/28/2000; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2668 § 12 (part), 1/17/1992; Ord. 1709 § 1 (part), 12/22/1970) 17.96.060 Unclassified use permit. A. The Planning Commission shall consider applications for unclassified use permits of uses possessing characteristics of such unusual, large-scale, unique or special form as to make impractical including them in any zone of classified uses. The Planning Commission may grant said permits that are consistent and compatible with the purpose of the zone in which the use is located, consistent with the Comprehensive Plan, and not contrary to the public use and interest. The Planning Commission may refuse to issue an unclassified use permit if the characteristics of the intended use as related to the specific proposed site are such as would defeat the purpose of these Zoning Regulations by introducing incompatible, detrimental, or hazardous conditions. B. In each application the Planning Commission may impose whatever restrictions or condition it considers essential to protect the public health, safety, and welfare, and to prevent depreciation of neighboring property. January 11, 2023 Planning Commission Agenda Packet Page 149 of 161 Created: 2022-06-28 16:29:23 [EST] (Supp. No. 30) Page 143 of 150 C. Purpose of an unclassified use permit: The purpose of an unclassified use permit shall be to assure that the maximum degree of compatibility between uses shall be attained. The purpose of these regulations shall be maintained with respect to the particular use of the particular site and in consideration o f other existing and potential uses within the general area in which such use is to be located. D. The following uses require an unclassified use permit: 1. Aquaculture. 2. Correctional facilities. 3. Gun clubs, skeet shoots, target ranges, and firing ranges. 4. Hydroelectric dams. 5. Oil ports (facilities that will result in the receipt of more than an average of 50,000 barrels per day of crude or refined petroleum that has been or will be transferred over marine waters). 6. Petroleum refineries, liquefied natural gas and liquefied petroleum gas facilities, energy facilities, energy plants and their associated facilities and associated transmission facilities such as defined in Chapter 80.50 RCW. 7. Processing and rendering of animal byproducts. 8. Quarrying and mining. 9. Refuse disposal sites, dumps, sanitary landfills and incinerators. 10. Removal and processing of sand, gravel, rock, peat, black soil, and other natural deposits. 11. Transfer stations for refuse and garbage. 12. Wireless communication support structures that exceed the maximum building height specified by the particular zone. 13. Other uses possessing characteristics of such unusual, large-scale, unique or special form as to make impractical including them in any zone of classified uses. (Ord. 3272, 2/16/2007; Ord. 3071, § 4 (part), 12/15/2000; Ord. 2861 § 1 (part), 3/17/1995) 17.96.070 Hearing and appeal of conditional or unclassified use permit applications. A. Notice and hearing for conditional or unclassified use permits. Upon filing an application for a conditional or unclassified use permit in which the application sets forth fully the grounds for, and the facts deemed to justify, the granting of a conditional or unclassified use permit, the Hearing Examiner shall give public notice, as provided in PAMC 17.96.140, of the intention to consider at a public hearing the granting of a conditional or unclassified use permit. The Hearing Examiner's decision shall be final unless appealed to the City Council. B. Decisions. Conditional or unclassified use permit decisions issued by the Hearing Examiner, shall be set forth in writing and shall be accompanied by written findings and conclusions. Decisions shall be deemed effective upon adoption of the written decision, findings and conclusions. A 14-day appeal period shall commence upon such adoption. On the next business day following the effective date of the decision, or as soon thereafter as practicable, the Department of Community and Economic Development shall mail copies of the decision, findings and conclusions to the applicant and anyone else who ha s in writing requested such notification and shall place a legal notice of decision in the local newspaper. C. Appeals. January 11, 2023 Planning Commission Agenda Packet Page 150 of 161 Created: 2022-06-28 16:29:23 [EST] (Supp. No. 30) Page 144 of 150 1. Any person aggrieved by the decision of the Hearing Examiner may appeal the decision to the City Council. 2. Appeals shall be submitted to the Department of Community and Economic Development in writing within 14 days following the date of the decision. 3. The City Council shall conduct a closed record hearing on the appeal of the Hearing Examiner's decision. The Council's decision shall be final unless appealed to Clallam County Superior Court in accordance with PAMC 17.96.150. D. Permits void after one year. All conditional or unclassified use permits shall become void one year from the date of granting such permits if use of the land or buildings or applying for necessary building permits(s) has not taken place in accordance with the provisions in granting said requests. E. Extensions of approved conditional use permits. Extensions of approved conditional use permits shall be considered in accordance with the same procedures as for the original permit application, provided that the following minimum criteria are met: 1. The use complies with the permit conditions. 2. There have been no significant, adverse changes in circumstances. Upon written request for an extension submitted to the Department of Community and Economic Development prior to the expiration of the conditional use permit, said conditional use permit shall be automatically extended for 90 days to allow the City adequate time to review the extension request. F. Minor amendment of approved conditional use permits. A minor amendment to an approved conditional use permit may be granted by the Director of Community and Economic Development. 1. A written request for amendment must be submitted to the Department of Community and Economic Development. A minor amendment may be granted if all of the following findings are made: a. The amendment does not change the approved conditional use permit by more than ten percent of the original approval. For those immeasurable changes, of which the ten percent does not apply, the change shall not increase the intensity of use; and b. The amendment will not be materially detrimental to the public welfare or injurious to property or improvements in the vicinity and zone in which the subject property is located. 2. Any applications that are not granted a minor amendment pursuant to this section must obtain an amendment through the City's normal conditional use permit procedure. (Ord. 3577 § 1, 3/21/2017; Ord. 3548 § 25, 1/5/2016; Ord. 3272, 2/16/2007; Ord. 3239 § 1, 3/17/2006; Ord. 3042 § 3 (part) 1/28/2000; Ord. 3007 § 5 (part), 1/15/1999; Ord. 2935 § 1, 11/15/1996; Ord. 2911 § 2, 3/29/1996; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2796 § 16, 2/11/1994; Ord. 2668 § 12 (part), 1/17/1992; Ord. 2636 § 18 (part) 5/15/1991; Ord. 2595 § 1, 6/27/1990; Ord. 2503 § 1, 7/27/1988; Ord. 2334 § 3, 4/10/1985; Ord. 1798 § 2, 8/15/1973; Ord. 1709 § 1 (part), 12/22/1970) 17.96.075 Temporary use permits. A. Purpose, criteria and review authority. The Director of the Department of Community and Economic Development may authorize temporary use permits for the construction , placement, and occupancy of temporary buildings, including mobile homes, recreational vehicles, park models, and temporary emergency housing structures used in conjunction with construction or reconstruction projects, or other circumstance requiring a temporary installation and occupancy, for a period not to exceed one year. Such January 11, 2023 Planning Commission Agenda Packet Page 151 of 161 Created: 2022-06-28 16:29:23 [EST] (Supp. No. 30) Page 145 of 150 temporary use permits may be located in any zone; provided, required setbacks of the zone where the temporary use permit is to occur are provided to protect the public health, safety and welfare. Additionally, each temporary use type listed above is required to meet specific performance standards. Temporary use permits requested for longer than one year shall conform in every respect to all provisions of these regulations but must be considered at a public hearing before the Hearing Examiner. B. Extensions. Upon written request the Director of Community and Economic Development may issue an extension for a period not to exceed six months. There shall be no limit to the number of sequential extensions that can be requested. Requests for extensions exceeding six months of previously approved tempo rary use permits with specified time periods of authorization shall also be considered at a public hearing before the Hearing Examiner and may be granted for a period of one to five years, provided that the following minimum criteria are met: 1. The use complies with the permit conditions. 2. There have been no significant adverse changes in circumstances. C. Appeals. 1. Any person aggrieved by the decision of the Director or Hearing Examiner may appeal the decision as allowed in sections 2.18.060 and 2.18.065 PAMC. 2. Appeals shall be submitted to the Department of Community and Economic Development in writing within 15 days following the date of the decision and shall pay and shall remit the fee set by resolution for such action. D. Performance Standards. The following performance standards shall be used to protect the public health, safety and welfare of the community and minimize the impacts of the following temporary use types. 1. Mobile Homes 2. Recreational Vehicles 3. Park Models 2.4. Temporary Emergency Housing Structures (Ord. 3577 § 1, 3/21/2017) 17.96.080 Variances. A. Review authority. As delegated in Section 2.18.060, the City's Hearing Examiner shall be hereby authorized and directed to hear and decide on all variance applications, with exception to variances pertaining to parking requirements or standards as described in Section 14.40.130. 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. January 11, 2023 Planning Commission Agenda Packet Page 152 of 161 Created: 2022-06-28 16:29:23 [EST] (Supp. No. 30) Page 146 of 150 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 zo ne 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: 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 t he 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. Foll owing one year, the Hearing January 11, 2023 Planning Commission Agenda Packet Page 153 of 161 Created: 2022-06-28 16:29:23 [EST] (Supp. No. 30) Page 147 of 150 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 Hearing Examiner authorizing the granting of such permit, he shall issue an order, in writing, requiring that al l further work on the premises or use thereof be stopped until the violation has been corrected. If the violation is not corrected or if the work on the premises or use thereof is 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 reques t 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 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. (Ord. 3577 § 1, 3/21/2017; Ord. 3272, 2/16/2007; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2742 § 1, 1/29/1993; Ord. 2668 § 12 (part), 1/17/1992; Ord. 1798 § 1, 8/15/1973; Ord. 1709 § 1 (part), 12/22/1970) 17.96.090 Filing fees. A fee for the filing and processing of applications for all permits required by this title shall be paid at the time an application is submitted. The amount of the fee shall be as established by ordinance and set forth in Chapter 3.70 PAMC. (Ord. 2861 § 1 (part), 3/17/1995; Ord. 2789 § 14, 1/1/1994; Ord. 2668 § 12 (part), 1/17/1992; Ord. 2143 § 1, 5/31/1981; 1/17/1992; Ord. 1798 § 3, 8/15/1973; Ord. 1709 § 1 (part), 12/22/1970) 17.96.095 Zoning initiation by the Planning Commission. On its own action, or if requested by the City Council, the Planning Commission shall cause to be prepared official controls that, when adopted by ordinance by the City Council, will further the objectives and goals of the Comprehensive Plan. The Planning Commission may also draft such regulations, programs and legislation that, in its judgment, are required to preserve the integrity of the Comprehensive Plan and assur e its systematic execution. The Planning Commission may recommend such plans, regulations, programs and legislation to the City Council for adoption. January 11, 2023 Planning Commission Agenda Packet Page 154 of 161 Created: 2022-06-28 16:29:23 [EST] (Supp. No. 30) Page 148 of 150 (Ord. 3272, 2/16/2007; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2668 § 12 (part), 1/17/1992; Ord. 1709 § 1 (part), 12/22/1970) 17.96.100 Amendments. A. In determining if an amendment to these regulations is needed, the City Council shall give due consideration to the proper relationship of such amendment to the Comprehensive Plan and the entire zoning regulations; it being the intent to retain the integrity and validity of the zones herein described and to avoid any isolated spot zoning changes in the zoning map. B. Any amendments adopted by the City Council may be modified from the form in which they were advertised within the limits necessary to relate properly such amendment or amendments to the zoning regulations. Final action on such modifications shall be subject to review and report of the Planning Commission prior to final passage by the City Council. C. No application for a change of zoning of any lot, parcel or portion thereof shall be considered by the City Council within one year of the final action of the Council upon a prior application covering any of the same described land. This provision, however, shall not impair the right of the Council to pr opose by its own action any amendment or change in the boundaries of any of the zones in these regulations. (Ord. 3272, 2/16/2007; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2668 § 12 (part), 1/17/1992; Ord. 1709 § 1 (part), 12/22/1970) 17.96.110 Subdividing. The Hearing Examiner shall review all proposed subdivisions and shall have the power to approve or deny said plats and to require any modifications necessary to assure consistency with the Comprehensive Plan, and to standards, specifications and regulations established by state law, by City of Port Angeles Subdivision Regulations (Chapter 16.08 PAMC), and by this title. (Ord. 3548 § 25, 1/5/2016; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2668 § 12 (part), 1/17/1992; Ord. 1709 § 1 (part), 12/22/1970) 17.96.120 Enforcement. A. The Director of Community and Economic Development shall have the authority to enforce all provisions of this ordinance. No oversight or dereliction on the part of the Director of Community and Economic Development or any official or employee of the City of Port Angeles vested with the duty or authority to issue permits or licenses shall legalize, authorize, waive or excuse the violation of any of the provisions of this title. B. No permit or license for any use, building, or purpose shall be issued by any official or employee of the City of Port Angeles if the same would be in conflict with the provisions of this tit le or any other ordinance now in force referring to this title. Any permit or license so issued shall be null and void. C. In the event any person, firm, or corporation should use, erect, construct, move, or alter, or attempt to use, erect, construct, move or alter any property, building or structure in violation of the provisions of this title, the same is hereby declared a public nuisance and the City Attorney shall have the authority to bring and to prosecute an action in any court of competent jurisdictio n to enjoin such person, firm, or corporation from continuing such use, erection, construction, moving or altering. If such use, erection, construction, moving, or alteration is being or has been accomplished, the City Attorney shall enjoin such person, firm, or corporation from maintaining same. January 11, 2023 Planning Commission Agenda Packet Page 155 of 161 Created: 2022-06-28 16:29:23 [EST] (Supp. No. 30) Page 149 of 150 (Ord. 3272, 2/16/2007; Ord. 3007 § 5 (part), 1/15/1999; Ord. 2668 § 12 (part), 1/17/1992; Ord. 2636 § 14, 5/15/1991; Ord. 1709 § 1 (part), 12/22/1970) 17.96.130 Entry upon private property. The Building Official, members of the Planning Commission, and the Planning or Engineers' staff, in the performance of their functions and duties, may, on notification, except in an emergency, enter upon any land and make examinations and surveys. Provided, that such entries and examinations do not damage or interfere with the use of the land by those persons lawfully entitled to the possession thereof. (Ord. 3272, 2/16/2007; Ord. 2668 § 12 (part), 1/17/1992; Ord. 1709/22/1970) 17.96.140 Notice of public hearings. Notice of public hearings required pursuant to this title shall be given as follows: A. At least 15 days prior to the date of the public hearing, the Department of Community and Economic Development shall cause notice of the time, place and purpose of the hearing to be published in the City's officially designated newspaper. B. In addition to the notice given in subsection A., where the purpose of the public hearing involves a specific site, notices shall be given as follows: 1. At least 15 days prior to the date of the public hearing, the City shall cause notice of the time, place and purpose of the hearing to be posted on the site in a conspicuous manner in the form of a brightly colored notice on a self-standing sign as provided by the Department of Community and Economic Development or in such other form as the Department of Community and Economic Development may direct. 2. At least 15 days prior to the date of the public hearing, the Department of Community and Economic Development shall cause notice of the time, place and purpose of the hearing to be mailed to the latest recorded real property owners within at least 300 feet of the boundary of the site as shown by the records of the County Assessor. The applicant shall provide the Department of Community and Economic Development with mailing labels for each such property owner. (Ord. 3272, 2/16/2007; Ord. 2911 § 2, 3/29/1996; Ord. 2668 § 12 (part), 1/17/1992; Ord. 2636 § 18, 5/15/1991; Ord. 2595 § 2, 6/27/1990; Ord. 1709 § 1 (part), 12/22/1970) 17.96.150 Appeals. Any appeal of a final decision rendered by the Director of Community and Economic Development pursuant to this title shall be filed with the Hearing Examiner within 15 days of such final decision or be barred. (Ord. 3548 § 25, 1/5/2016; Ord. 2990 § 5, 5/15/1998; Ord. 2668 § 12 (part), 1/17/1992; Ord. 2595 § 3, 6/27/1990) 17.96.160 Code revisor. The City's Code revisor is authorized and directed to make minor organizational changes to the Zoning Code necessary for codification, and to prepare for City Council adoption a codification of the entire City Zoning Code, including all Zoning Code amendments that have been approved by the City Council. January 11, 2023 Planning Commission Agenda Packet Page 156 of 161 Created: 2022-06-28 16:29:23 [EST] (Supp. No. 30) Page 150 of 150 (Ord. 2668 § 12 (part), 1/17/1992; Ord. 2636 § 19, 5/15/1991) 17.96.170 Zoning code amendment. Application. Any person wishing to apply for an amendment to this Zoning Ordinance shall submit a completed application and a filing fee in the amount set forth in Chapter 3.70 PAMC to the Department of Community and Economic Development, together with any information necessary to comply with the requirements of the State Environmental Policy Act (SEPA) Chapter 43.21C RCW. (Ord. 3272, 2/16/2007; Ord. 2932 § 35, 10/11/1996; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2668 § 12 (part), 1/17/1992; Ord. 2636 § 19, 5/15/1991) 17.96.180 Penalties. Any person, firm, or corporation violating any provisions of this title shall be guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not more than $500.00 or by imprisonment for a term not to exceed six months, or by both fine and imprisonment. Such person, firm, or corporation shall be deemed guilty of a separate offense for each and every day during any portion of which any violation of this title is committed, continued, or permitted by such person, firm, or corporation, and shall be punishable as herein provided. (Ord. 2668 § 12 (part), 1/17/1992; Ord. 1709 § 1 (part), 12/22/1970) Editor's note(s)—Ord. 3577 § 1, adopted Mar. 21, 2017, deleted Table A, the table following § 17.96.180, entitled, "Conditional Uses in Residential Single-FamilySingle-household Zones that have Special Developmental Standards," which derived from Ord. 3332 § 11, adopted April 25, 2008. See § 17.94.065. January 11, 2023 Planning Commission Agenda Packet Page 157 of 161 January 11, 2023 Planning Commission Agenda Packet Page 158 of 161 1 Zach Trevino From:Marolee Smith Sent:Tuesday, January 10, 2023 7:33 PM To:Community and Economic Development Subject:Re: January 11th Planning Commission Meeting - Agenda Packet Follow Up Flag:Follow up Flag Status:Flagged Categories:Zach Greetings: In reading the proposed packet online a few things really strike me as strange: 1.) dogs are mentioned, but the document does not address poultry, goats, pet pigs, etc. Since urban poultry is popular, and a very important issue in a quasi-rural area such as where we live, it is important to have meaningful rules. Some people acquire mini-goats for milk and weeding, other people have "so-called" mini- pigs. There are people with many, many quail (for eggs and meat), some people have ducks (for eggs and meat). We should NOT outright ban any of these things. And, with a bad economy -- (and the current avian flu bird cull that has resulted in exceptional inflation on both eggs and chickens, and everything else) we should be even more accepting of the urban farmer. We do not address vegetable gardens. (Do we allow crops in the front yard? What is the opinion on water collection? What about compost piles?) Lets face reality: we do no live in a city, and we shouldn't try and pretend we are a suburban enclave. This document should address these things (our city municipal code also does not). 2.) 17.46 Property Tax Exemptions is about as clear as thick delta mud. If it doesn't apply to the value of land, doesn't apply to the county assessed valuations -- then what is the point? What DOES it apply to? What does someone apply for? Just the city's (1%) of the county taxes? I do not understand it, at all (and I read this stuff and contracts all the time). I'd think that if this were to be 'an incentive' some dollar amounts would be spelled out. Heck, what someone might be able to exempt is not clear in any way. I have read this several times, and have absolutely no clue how/why anyone would even go through all of the nonsense to apply, to even jump the first hoop. (And, I do not like that "the director" has sole, exclusive determination on such subjects. It is not transparent, and it is clearly, subject to great abuse and probably graft, or at least allegations of graft). I do not understand the difference between 8 successive years, or 12 successive years. The whole section seems poorly thought out, and like a hasty cut/paste at 2am for a term paper due at 8am.It's a terrible execution of something that should be a clear, and obvious 'carrot' for a developer. Isn't this intended to be the way to incentivize low income housing? It fails to clearly spell out real dollar amounts, or percentage amounts, and a very obvious benefit then what is the point? I comes across as January 11, 2023 Planning Commission Agenda Packet Page 159 of 161 2 insincere and tossed together. Why would ANYONE want to complicate their lives trying to apply for this mysterious exemption? (I'd rather poke myself in the eye with a dull plastic spork.) No wonder we aren't getting developers, or builders, or potential homeowners enticed. Seems like the county and state can do what the county and state do (raise taxes) and all you are exempting is an illusion. Nice idea, but make it real, and understandable. 3.) I do not like that the only recourse someone has if "the director" (who is evidently GOD OF THE TOWN) isn't allowing something, that the only recourse is that the only solution is for the issue to be thrown to the hearing examiner. Since when did civil servant get this kind of power? This is obtuse. It is not well thought out. It is a return to the "good old days" of lack of sunshine laws, and "good-ol'boy" backroom deals. It STINKS. FYI: this is the reason that planning commissions came to be -- to have a volunteer committee, a jury of peers, regular joe-everyman citizens weigh in -- a decision of 5 or 7 people, instead of two (one a civil servant, and the other a quasi-judge) to decide, or 'take it to Superior Court". This process we've moved to (unlike the majority of all the other states) is not desirable. It is dumb. It is backwards. Why did we fix what wasn't broken? 4.) 17.96.070 is not well thought out. Where are the permit fees? Where are the provisions? Why only "temporarily for one year"? Why not a provisional year, and then up to 5 consecutive years, with approval (and new fees and new inspections)? Does anyone really think that the housing situation will clear up -- in one year? In 18-months? In 24-month? Does anyone think that making it this narrow that anyone will actually follow the rules? And, who wants to deal with 6 month extensions? That's crazy. It would be a paperwork nightmare. The Director really wants to deal with 6 months of paperwork, 2 times a year, until eternity? This is just not thought through. Make this simple: temporary permitted, with a fee, and with an inspection; extended with a fee and an inspection for another year, up to 5 years. Why is what is proposed basically creating ridiculous amounts of tedious paper pushing work, and ignoring what is most important: health and safety. We WANT to have this a permit, and inspected for proper electrical, smoke detectors, fire extinguisher, potable water, and a proper sewer hook up. Right now, I can walk you around town and show you the accidents waiting to happen. We are LUCKY we haven't seen some fire deaths. We are LUCKY that there hasn't been a HEP outbreak in a neighborhood. People are living in RVs, and we're putting our fingers-in-our-ears and saying "la-la-la" loudly. This 17.96.070 does not address the elephant(s) sitting on my neighbor's property. It doesn't tell me that the city is paying attention at all. Who is accountable? This documents needs to create accountability. If we are to do this, allow temporary RVs as living quarters, we cannot have: a.) We cannot allow sewage collected in little pooh wagons and "just dumped somewhere" (maybe sloppily poured down the sewer clean-out, maybe dumped down the gutter, maybe on a far corner of the lot or in shallow hole dug). We cannot allow sewage to just become "grey water" for the landscape. (Untreated human sewage is a health issue to be addressed.) January 11, 2023 Planning Commission Agenda Packet Page 160 of 161 3 b.) We cannot have lightweight 16 gauge power cords running out to power a toaster, blender, microwave oven, and electric heater. We cannot allow multiple extension cords plugged in, and routed out a window of the home, without any thought as to the electric load already on the house circuit. c.) We cannot allow a garden hose (not lead or pba free) to bake in the sun to leech chemicals into the drinking water of the person in the temporary shelter. There must be a potable water hose. And, then to keep that hose flowing in the winter months, we need to designate insulation requirements for that hose. We need standards. CLEAR standards. If this is to address the housing shortage, then lets do that correctly. To do otherwise, we might as well just turn our backs on all of it, and say 'sure do whatever'. Lets not ignore the reality: An RV in the yard can kill the occupants of the RV, and burn down the neighborhood. Overloaded electric circuits can cause house fires, yard fires, and RV fires. Sewage is laden with bacteria --sometime chemo drugs, or illicit drugs -- and can contaminate soil and ground water of an entire block, our stream run-off, and the strait. None of this is ANYTHING that we should approach without thought, deep meaningful thought for the community, the neighborhood and the lives of those residing in the temporary housing. The permits should be clear. They should NOT BE FREE. There should be an inspection (yearly) to make sure that the RV hookups, its interior and exterior cannot become a neighborhood nuisance, rodent vector, or endanger anyone's health, life, or safety. There should be penalties for violations, and clear abatement actions, or evictions. For those without permits, then there should be notices, and liens, and forced actions, and penalties, but it needs to be a multi-step process. Right now we are allowing people to live in RVs without any controls. This should address the real issues. What we have is a nice start -- but it's really not spelled out nearly clearly enough to be acceptable to any neighbor next door to a parked RV anywhere in this city. We are doing the city a grave disservice to not do a complete job on 17.96. 5.) And, as for 17.96.180 the penalties are vague and non-specific. It seems like it was just thrown in there. We have HUNDREDS of people living in RVs in our town already, but you really want me to believe that this isn't ALREADY a dead letter law? No one will enforce it, and it's too vague to mean anything, and the whole code doesn't give any path to enforcement. (I'm really not into Soviet-Style punishment, without penalties being clear.) What exactly is a violation? Who administers this? What steps are taken? What is the purpose if we don't have a way to have rules first, regular inspections, etc.? Four different agencies within the city should have jurisdiction over this (fire, public works, permit/inspector) and then, violations would be the jurisdiction of police/code compliance -- lets spell out the rules and responsibilities. I'm sure there is more, but this is a dense document, and could be greatly simplified. (In fact, I'd like the cliff notes on it, or to get a PRINTED COPY. 170pages is a lot for my home printer to crank out.) If you want a serious edit, provide a printed copy, please. Marolee From: Community and Economic Development <ced@cityofpa.us> Sent: Friday, January 6, 2023 3:54 PM Cc: Ben Braudrick <Bbraudri@cityofpa.us>; Christopher Cowgill <Ccowgill@cityofpa.us>; Holden Fleming January 11, 2023 Planning Commission Agenda Packet Page 161 of 161